HomeMy WebLinkAboutExhibit 1D,poy,ment ot
COMMUn1ty
& Economic
Development
Mtn*
PROGRAM YEAR 2013-2014
77-7?, 4ST
4/11/2013
[Page left intentionally blank]
Department of Community & Economic Development ("DCED")
Commercial Facade and Code Compliance
Program Policies & Procedures Manual
Per 24 CFR 570.202(a)(3), "rehabilitation of privately owned and commercial or industrial
buildings is limited to improvements to the exterior of the building and correction of code
violations". Furthermore, the City requires that improvements be limited to improvements that
are visible from a commercial corridor. The City of Miami will not approve or pay for a
commercial facade or code compliance project which is not attached to and part of a building
structure.
Under the Commercial Facade/Code Compliance programs, the Community Based Organization
("CBO") will provide assistance to eligible For -Profit businesses located in the commission
district from which the CBO is funded.
This Commercial Facade and Code Compliance Program Policies and Procedures Manual
("Manual') is incorporated and made part of the CBO's Agreement with the City of Miami.
The Manual may be amended from time to time by the City of Miami DCED, at its sole
discretion, by the issuance of Program Directives.
The program runs from April 1st through March 31st of any given program year. Extensions of
any activity will only be considered if the extension is requested in writing by the CBO.
1. Who qualifies for the Commercial Facade/ Code Compliance Program(s)
■ An operating For -Profit Business;
V has a valid and current occupational license for that location and a valid and current
certificate of use for the type of business they are engaged in;
✓ meets all other requirements stipulated in this manual
2. Eligible Service Area(s):
Per 24 CFR 570.208(a)(1)(i) — (1) Area Benefit Activities. (i) "An activity, the benefits of
which are available to all the residents in a particular area where at least 51 percent of the
residents are low and moderate income persons. Such an area need not be coterminous with
census tracts or other officially recognized boundaries but must be the entire area served by
the activity. An activity that serves an area that is not primarily residential in character shall
not qualify under this criterion"
To determine if the Service Area complies with these requirements, the CBO must follow the
following steps:
Identify which area (known hereafter as the "Service Area") is being served by the
business and determine which census tracts and block groups or portions thereof,
comprise this Service Area in the following manner:
a. Mark in a census map the location of the business to be assisted;
b. Identify the boundaries of the Service Area for such business;
11 Identify the census tract where the business is located;
1
• Identify the census tracts surrounding the business;
• List all the census block groups within the Service Area.
• List all the corresponding number of low to moderate income persons and total
population for each of the census block groups in the Service Area (Exhibit "I").
ii. Determine that the number of low and moderate income persons being served in the
Service Area is 51 % or higher than the total Service Area population in the following
manner (Exhibit "I"):
a. Add up the number of low and moderate income persons in each block group (total
population for the block group) in the Service Area;
b. Add up the number of all persons, low/mod and non-low/mod, in each block group
in the Service Area;
c. Divide the total of low/mod population by the total number of people in each block
group to obtain the percentage of low and moderate income persons in the Service
Area;
d. The business qualifies if the percentage of low to moderate income persons in the
Service Area is 51 % or higher.
iii. Ensure that the Service Area is primarily residential. The CBO must determine that the
services being provided by the business are available to all the residents of the Service
Area and that the business is serving residential customers. If unsure how to do this,
contact your assigned Contract Analyst.
The CBO must utilize the Letter of Interest form (Exhibit "A") to determine if the business
qualifies for the program.
The City will only approve projects for businesses located in a Service Area meeting all the
above mentioned conditions.
3. Eligible Business Location:
Businesses must also meet the following requirements to be assisted under the facade
program:
i. A commercial business must be located on the first floor with street access, on a
commercial corridor or commercial pedestrian walkway;
ii. For a business that is located above a first floor, the building must have direct open
access to a commercial corridor so that the business entrance can be visible and
accessible from the outside/street level;
iii. If the building is considered of mixed use (commercial and housing), no part of the
commercial facade treatment can be used for any of the housing portion of the building.
4. Commercial Facade/Code Compliance Project Costs:
The dollar limitation for a single business project is of $20,000 for the Commercial Facade
Program and $15,000 for the Code Compliance Program. However, the DCED may evaluate
specific projects and, at its sole discretion, approve/disapprove a higher dollar limit. The
CBO must request approval from the DCED's Director or his/her designee, in writing, from
the City prior to commencing any work.
2
RATORRA RF+F-
'TI
(1) Matching funds for Commercial Farads Projects:
Cost of Project
......._...._.............._................................___.
$2000 and below,
$2,001 to $10,000
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(2) Matching funds for Code Compliance Projects:
Cost of Project
$2000 and beio
$2,001 to $10,000
$10,001,to $20,000
Matching Funds
6. Treatments:
Commercial Facade Treatments
Code Compliance Treatments**
Pressure Cleaning/ Painting
Work requiring altering/rehabbing the structure
Awnings: Install new or replace
Work done without permits
Doors: Install new or replace
ADA
Signs: Install new or replace
Fire System
Windows: Install new or replace
Other
- Shutters: Install new or replace
**business may be required to provide additional information
NOTE: The City of Miami will not approve or pay for the rehabilitation of any property
which was damaged as a result of a hurricane.
7. Compensation:
The City will compensate the CBO on actual expenditures not to exceed 20% of the total
amount allocated for hard cost.
STEPS FOR COMPLETING A COMMERCIAL FACADE/CODE COMPLIANCE PROJECT:
(1)
The business to be assisted must complete the Letter of Interest ("LOI") form
(Exhibit "A"). The LOI must be approved and signed by the Business Owner,
Property Owner, and certified by the Net Administrator that the business occupying
the premises meets all City requirements to participate in the program. If the project
consists of a code violation, then the LOI must be accompanied by a copy of the
Notice/Letter of Violation. A LOI dated more than six (6) months prior to the
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beginning of the program year must be updated. The CBO must complete the
following steps:
a. Ensure that the business is in an eligible Service Area;
b. Submit the LOI to the City on behalf of the Business Owner for approval;
c. Submit copies of the business' Occupational License and Certificate of Use;
d. If applicable, submit the Letter/Notice of Violation;
e. Take pictures of the business before starting the commercial facade work. These
photos will need to be included in the reimbursement package.
(2) Obtain an Environmental Inspection and Flood Certification by the City (CBO must
obtain a Flood Insurance certificate from Property Owner if business is located in a
flood zone). This is a U.S. Department of Housing & Urban Development ("HUD")
requirement. Construction cannot begin until the project has received clearance in
writing. The City will forward the CBO verification that the Environmental Review
has been completed via an "Approval for Project Comrencement" form.
(3)
Execute the Agency & Business Agreement (Exhibit "B"). This agreement lists the
requirements and guidelines for this program.
• This agreement states the responsibilities of the contractor, including that upon
satisfactory completion of the work, the contractor shall sign a Release of Lien
(Exhibit "C");
• Letter of Intent (Exhibit "D") shall be executed and sent with the reimbursement
package. This letter states that an executed contractor's Release of Lien shall be
obtained and submitted to the DCED prior to any payment being released to the
contractor.
(4) Participating businesses, in coordination with the CBO, shall prepare the
specifications for the project and solicit bids within 30 days for all the treatments
approved in the Approval for Project Commencement form for the project.
Procurement for the Commercial Facade/Code Compliance projects must be open and
competitive and in accordance with 24 CFR 84.40-48. CBO must ensure that;
a. A minimum of two (2) contractor bids are required for a commercial facade/code
compliance project. All bidding contractors and business owners must sign and
date all of their bids with the participant indicating acceptance or rejection of the
bid. The bids must have a detailed description of the commercial facade/code
compliance work and a breakdown of the total project cost.
b. The CBO must choose the lowest responsive bidder to perform the contracted job
and shall enter into an agreement within 15 days of receiving the bid with said
contractor. If the Property Owner selects a contractor other than the lowest
responsive bidder, the City will only reimburse for the amounts that would have
paid to the lowest responsive bidder. It will be the Property Owner's
responsibility to pay for the difference.
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c. All bidding contractors must be provided a copy of the Federal Labor Standards
Provisions.
The Davis Bacon Act governs the wage rate paid by contractors to construction
workers. Projects that are funded in excess of $2,000 must meet these wage rate
requirements. Certified Payroll (HUD WH-347) forms in spreadsheet format are
prepared by the contractor and submitted to the CBO. The HUD 4010 form and
the applicable Davis -Bacon Wage Determination must be included for all
contractors and subcontractors in the commercial facade reimbursement package
along with the Federal Labor Standard Provisions. A copy of the HUD 4010 form,
the Federal Labor Standard Provisions and HUD form WH-347 are included in
this Manual.
d. The CBO shall obtain proof, to the City's satisfaction, that the contractor selected
is licensed.
e. Debarment and suspension: 24 CFR Part 84.15(a);
(a) Recipients and Subrecipients shall comply with the government -wide non -
procurement debarment and suspension requirements in 2 CFR Part 24. These
government -wide requirements restrict sub awards and contracts with certain
parties that are debarred, suspended, or otherwise excluded from or ineligible for
participation in federal assistance programs or activities. It is the responsibility of
the CBO to ensure that the contractor is not debarred and submit the
documentation of verification (Exhibit "H").
f. A contractor's Certificate of Competency in their field of work from Miami -Dade
County and a current Occupational License must be obtained from the selected
contractor/subcontractors. Contractors cannot use the license of another
contractor to serve in lieu of the one they are required to have by law.
g-
Letters stating the following are not acceptable:
• "a qualifier for contractor A authorizes contractor B to develop work using my
license";
• "the owner of contractor A authorizes contractor B to work under our license
and insurance"
• "Contractor licensee A authorizes contractor B to operate and work where
electrical license A will sign and oversee all work that will require my
authorization".
A licensed contractor can hue a licensed subcontractor to complete a project. All
contractors and subcontractors working on a commercial facade/code compliance
project must have current Occupational License and a Certification of
Competency. A copy of the license certificate(s) must be included in the
reimbursement package.
h. Bids from manufacturers will not be accepted unless they have a Certificate of
Competency (license) to pull permits and install. A licensed manufacturer can hire
a licensed contractor/subcontractor to complete a project. For example, a licensed
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(5)
sign manufacturer can bid on a project and then hire an electrical contractor to
complete the electrical work for the sign.
Ensure that all improvements are in compliance with the City of Miami Building
Department and city of Miami Zoning Department rules and regulations. Permits
must be obtained for any work that may alter the original structure. Painting work is
exempted with the exception of historical designation or special business district. It is
the owner and/or the agency's responsibility to find out if the building is located in an
area that requires any special type of permit (i.e. Class II Permit).
The City will not reimburse commercial facade/code compliance projects that do not
have all the required permits. All permits must be finalized and closed when
submitting reimbursement packages.
(6) Complete and sign the Final Payment Release Authorization Form (Exhibit "E").
(7)
(8)
Take photos of the completed commercial facade project. The photos need to be
included in the reimbursement package.
The work performed under the Commercial Facade/ Code Compliance Program shall
be subject to a site inspection by the City of Miami.
Four years must elapse between facade treatments of the same type being performed for the
same location.
REIMBURSEMENT PROCEDURE:
FOR SOFT COST:
(1) CBO must submit the Commercial Facade/Code Compliance Reimbursement Request
Form (Exhibit "F.2").
(2) Requests for soft cost payments should be made at least on a monthly basis.
(3) Reimbursements requests should be submitted to the City within thirty (30) calendar
days after the indebtedness has been incurred.
(4) Each written request for payment shall contain a statement declaring and affirming
that services were provided to certified program participants and in accordance with
the approved work program and program budget. All documentation in support of
each request shall be subject to review and approval by the City at the time the
request is made.
(5) In addition to the request for payment, the CBO must submit a Budget to Actual
Expenditure Report along with the documents supporting expenditures.
(6) Verifiable hours of service related to soft costs are those hours of service provided by
the CBO that can be substantiated by the payroll and other pertinent records and
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(7)
(8)
(9)
which are reasonable, necessary, and directly allocable to the business participating in
the commercial facade/code compliance program from the CBO.
All expenditures must be verified with a copy of the original invoice and a copy of a
check or other form of payment which was used to pay that specific invoice. Within
sixty (60) days of submitting each reimbursement request, copies of the cancelled
checks or other City approved document(s) evidencing the payments made by the
CBO, for which reimbursement was requested, shall be submitted. In the event that
an invoice is paid from multiple funding sources, the copy of the invoice must
indicate the exact amount (allocation) paid by those multiple funding sources
equaling the total of the invoice. No miscellaneous categories shall be accepted as
part of the line -item budget.
Absent the completion of a commercial facade/code enforcement project, the City
will pay up to one half the amount of the grant for soft costs to the CBO. Once the
CBO documents the implementation of the required commercial facade/code
compliance projects and/or treatments equivalent to the soft cost paid by the City,
payments will resume.
During theterm thereof and for a period of five (5) years following the date of the
payment made hereunder, the City shall have the right to review and audit the related
records of the CBO pertaining to any payments by the City.
(10) The CBO must submit the request for final payment to the City within 10 (ten)
calendar days following the expiration date or termination date of this agreement in a
form to be provided by DCED. If the CBO fails to comply with this requirement, the
CBO may forfeit all rights to payment and the City may not honor any request
submitted thereafter. The final reimbursement request might not be processed if the
close out package has not been properly completed and submitted to the DCED by the
due date.
FOR HARD CosT:
(1) CBO must submit the Commercial Facade/Code Compliance Reimbursement Request
Form (Exhibit "F.1") along with the Commercial Facade/Code Compliance Project
Reimbursement Package Checklist (Exhibit "G")
Packages that are missing any documents listed in Exhibit "G" or having incorrect
dates will be returned to the CBO within 3 business days.
(2) Reimbursements requests should be submitted to the City as treatments are
completed.
(3) During the term thereof and for a period of five (5) years following the date of the
payment made hereunder, the City shall have the right to review and audit the related
records of the CBO pertaining to any payments by the City.
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EXHIBIT "A"
COMMERCIAL FACADE/CODE COMPLIANCE PROGRAM
LETTER OF INTEREST
As A MERCHANT IN THIS COMMUNITY, I WISH TO PARTICIPATE IN THE COMMERCIAL FACADE/CODE
COMPLIANCE PROGRAM TO IMPROVE MY BUSINESS AND/OR CORRECT CODE VIOLATIONS, WHICH
WILL ENHANCE THE COMMERCIAL CORRIDORS OF THIS NEIGHBORHOOD. I UNDERSTAND THAT THIS
LETTER OF INTEREST IS NOT A BINDING CONTRACTUAL OBLIGATION ON MY PART. .
Commercial Facade
Program
Name of Business:
Naive of Business Owner:
Business Address:
Telephone #:
Business Tax Receipt #:
Certificate of Use #:
NET Office Certification*:
Code Compliance
Program
Signature:
Year Building was Built:
Date Approved:
*Certification that the abovementioned business has all its licenses in place and that the business does not owe any monies to
the City of Miami
WORK AUTHORIZATION FROM PROPERTY OWNER
I, , legal owner of the property
located at the abovementioned business address, give authorization to rehabilitate the exterior
facade of my property and/or correct code violation(s). I further agree that the City of Miami
and (CBO) will not be responsible
for any damages resulting from said rehabilitation. Furthermore, I certify that the work to be
performed is not as a result of damages caused by a hurricane.
Property Owner Signature
Date
WORK TO BE PERFORMED
Please place a checkmark next to the treatment to be performed:
Commercial'Faeade Treatments
Owner
initials
Code Compliance Treatments**
Pressure Cleaning/ Painting
Work requiring altering/rehabbing the structure
Awnings: Install new or replace
Work done without permits
Doors: Install new or replace
ADA
Signs: Install new or replace
Fire System
Windows: Install new or replace
Other
Shutters: Install new or replace
**business may be required to provide additional information
8
EXHIBIT "B"
COMMERCIAL FACADE/CODE COMPLIANCE PROGRAM
COMMUNITY BASED ORGANIZATION (AGENCY) & BUSINESS AGREEMENT
Commercial Facade
Program
Code Compliance
Program
CI
I, , representing
(hereinafter referred as "Contractor")
enters into this agreement with (hereinafter referred
as "Participating Business/Property Owner") to perfonn work at
, Miami, FL, 33
ARTICLE I - SCOPE OF WORK
The scope of work to be performed is as fol ows:
Commercial Facade Treatments
Code Compliance Treatments**
Pressure Cleaning/ Painting
Work requiring altering/rehabbing the structure
Awnings: Install new or replace
Work done without permits
Doors: Install new or replace
ADA
Signs: Install new or replace
Fire System
Windows: Install new or replace
Other
Shutters: Install new or replace
**business may be required to provide additional information
ARTICLE II - CONTRACT VALUE
The Participating Business/Property Owner shall provide a deposit in the sum of
$ , to ("CBO"). The CBO
may, at its discretion, advance the deposit to the contractor.
ARTICLE III - COMPLYING WITH THE SCOPE OF WORK
Contractor agrees to comply with the specifications and/or drawings provided by the Participating
Business/Property Owner, which will be delivered, monitored, and approved only by the CBO. If the
Contractor does not comply with the scope of work, specifications, and/or drawings provided,
Contractor shall not receive payment until work complies with the scope of work, specifications,
and/or drawings. Contractor agrees to complete all of his/her work by the day of
or before, weather permitting.
ARTICLE IV - COMMENCEMENT OF WORK
Contractor shall not commence work until s/he receives a written notice from the CBO to begin the
work. CBO will not be liable for any work performed by the Contractor in the event that the
Contractor commenced work prior to the receipt of said written notice. Contractor understands that
this Project must comply with the Federal Labor Standards Provisions and Davis -Bacon Act and
acknowledges the receipt of the HUD-4010 form which states the Federal Labor Standards Provisions
and the applicable wage decision must be incorporated to this project.
CONTRACTOR INITIALS
9
EXHIBIT "B" (CONTINUATION)
ARTICLE V - CHANGES IN THE SCOPE OF WORK
Contractor will only accept or act upon written instructions or changes in the scope of work signed by
the Participating Business/Property Owner, an employee of the City of Miami Department of
Community & Economic Development AND the CBO.
ARTICLE VI - NOTICES
All notices or other instruments under this agreement shall be in writing and delivered personally,
sent by fax, or via email with confirmation sheets, or mail by certified mail postage prepaid to the
following addresses:
ARTICLE VII - INSURANCE
The participating business agrees to indemnify and hold harmless the CBO and the City of Miami
from and against all claims, suits, damages, costs, and expenses, in any manner resulting from or
arising out of any activities under this contract.
ARTICLE VIII - LICENSES
Contractor certifies that s/he is licensed to complete the Commercial Facade/Code Compliance
project and agrees to provide a copy of the contractor's Certificate of Competency and/or Business
Tax Receipt, as applicable, to the CBO prior to commencing construction.
ARTICLE IX - COUNTERPARTS
This agreement shall be executed in two (2) counterparts, each of which shall be deemed an original,
but all for which together shall constitute one and the same instrument.
CONTRACTOR:
Print Name
Signature Date
PARTICIPATING BUSINESS/PROPERTY OWNER:
Print Name Signature Date
CBO:
Print Name
Signature Date
To BE COMPLETED BY THE CBO:
Date contract was awarded to Contractor:
Date Construction Started:
The Applicable Wage Decision for this Project is:
10
EXHIBIT "C"
COMMERCIAL FACADE/CODE COMPLIANCE PROGRAM
RELEASE OF LIEN
The undersigned, in consideration of the full payment for work performed and receipt of which is
hereby acknowledge , hereby releases
from the amount due under its lien against the following described premises:
CONTRACTOR:
Print Name
Signature Date
The foregoing instrument was acknowledged before me this day of
20, by who is personally known to me or
has produced as identification and who
did/did not take an oath.
My Commission Expires:
NOTARY PUBLIC:
Type, Print or Stamp Name Signature of Notary Date
State of Florida
11
EXHIBIT "D"
COMMERCIAL FACADE/CODE COMPLIANCE PROGRAM
LETTER OF INTENT
City of Miami
Department of Community & Economic Development
444 SW 2nd Avenue, 2nd Floor
Miami, FL 33130
Dear
This is to confirm that upon payment to the Contractor,
(CBO) will obtain a release of lien in the name of the City of Miami, Business Owner, and
(CBO).
The release of lien will be submitted to the City upon payment and will be kept on file. If you
have any questions, please contact at
(CBO Representative).
Sincerely,
CBO
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EXHIBIT "E"
COMMERCIAL FACADE/CODE COMPLIANCE PROGRAM
FINAL PAYMENT RELEASE AUTHORIZATION FORM
We have inspected all work performed by
(Contractor) at the following address, , Miami,
FL, 331
We are satisfied that the work was completed in accordance with the Commercial Facade/Code
Compliance Program Guidelines & Specifications.
We hereby authorize for the final payment to be made
Print Name - Property Owner
Print Name — CBO Representative
Print Name - Contractor
Signature of Property Date
Owner/Merchant
Signature of CBO Date
Representative
Signature of Contractor Date
Print Name — DCED Representative Signature of DCED Date
Representative
Total Amount of Reimbursement Due:
Commercial Facade: $
Code Compliance $
13
in the amount of $
Date
Exhibit "F.1"
Commercial Facade/Code Compliance Program
Hard Cost Reimbursement Request Form
Agency Name:
Business Name:
Facade Construction Projects - Reimbursement Request
CITY OF MIAMI
Department of Community Development
Facade Number:
IDIS Number:
Total Contract Amount: (Project cost)
Funding Amount: (City's Portion)
Business Matching Amt:
Davis Bacon (Y/N)
District Number:
Number of Businesses:
Treatment:
Special Instructions:
CD Reception Stamp
CFDA #: 14.218
We certify that al! expenditures charged to the project under contract are necessary, reasonable and allowable costs, in compliance with
HUD's regulations. We further certify that all disallowed expenditures will be reimbursed to the City of Miami.
Agency's Name:
Payee's Name:
N/A
We request payment in the amount of
Agency's Signature
Draw #:
per attached documentation.
For Gity of Miami Use Only
I (reviewer) certify that Draw #
was satisfactorily reviewed for compliance and documentation on
Davis -Bacon Reviewer:
Above Project/Draw was satisfactorily reviewed for Davis -Bacon compliance on
roiect #-
Award
Task #
Expenditure.
Approval Signatures:
Fiscal Assistant Contract Analyst Contracts Administration
Amount of DD Available In ORACLE:
oucher Number Transaction ID Number:
,.Check Number:
Reviewer's Initials
Reviewer's Initials
endor
Revised 4/13/2011 Form 103
2012 Hard Cost Facade Reimbursement Requests
Exhibit "F.2"
Commercial Facade/Code Compliance Program
Soft Cost Reimbursement Request Form
Agency Name:
CDBG Subrecipients - Reimbursement Request
CiTY OF MIAMI
Department of Community Development
Rehab: Publicly or Priv Owned
CDBG Eligible Activity: Comm/Industrial
IDIS Number:
Total Contract Amount: CDBG
District Number:
Matrix Code Number: 14E
Eligible Activity Number: 570.202
National Objective: Low /Mod Area
Accomplishments to -date:
Special Instructions
CD Reception Stamp
CFDA #: 14.218
We certify that all expenditures charged to the project under contract are necessary, reasonable and allowable costs, in compliance with HUD's
regulations. We further certify that all disallowed expenditures will be reimbursed to the City of Miami.
Agency's Name:
Payee's Name:
n/a
We request payment in the amount of
Agency's Signature
For the month of
Proiect #.
Description::
For City of Miami Use Only
Award
Approval Signatures:
Fiscal Assistant Contract Analyst Contracts Administration
Available in ORACLE:
Voucher Number: Transaction ID Number:
Check Number:
Revised 4/13/2011 Form 104
2012 Facade Soft Cost Reimbursement Requests
EXHIBIT "G"
COMMERCIAL FACADE/CODE COMPLIANCE PROGRAM
REIMBURSEMENT PACKAGE CHECKLIST FOR HARD COSTS ONLY
Project #: F-
CC:
ACTIVITIES & ATTACHMENTS TO BE INCLUDED IN THE REIMBURSEMENT PACKAGE:
Document
1. Minimum 2 bids signed and dated
2. Contractor's Certificate of Competency
3. Contractor's Occupational License
4. Agency & Business Agreement (Exhibit "B")
5. Owner's Deposit Collected (Under moratorium as of 4/11/2013)
6. Copy of Check/Money Order from Owner (Under moratorium)
7. Before Pictures of the Business being assisted
8. Copy of the printout of the Debarment Documentation (EPLS.com)
9. Applicable Permits Obtained
10. Final Inspection and Permits (if applicable)
11. After Pictures of the Business assisted
12. HUD form 4010, Certified Payrolls, and Davis -Bacon Wage
Determination (if applicable__
13. Final Payment Release Authorization Form (Exhibit "E")
14. Release of Lien (Exhibit "C")
15. Letter of Intent (Exhibit "D")
16. Commercial Facade/Code Compliance Reimbursement Request
CBO Representative
Date Completed
N/A
N/A
1
16
EXHIBIT "H"
COMMERCIAL FA(r'ADE/CODE COMPLIANCE PROGRAM
EXCLUDED PARTIES LIST SYSTEM
https://www.sam.gov
STEPS TO LOOKUP DEBARMENT INFORMATION:
1. GO TO THE WEBSITE AND ON THE TOP LEFT CLICK ON "SEARCH RECORDS"
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2. UTILIZE THE SEARCH BARS ON THE MIDDLE OF THE SCREEN TO SEARCH FOR THE BUSINESS.
ENTER THE BUSINESS NAME AS REGISTERED IN THE SUNBIZ.ORG
SEFARCFITEEM
Search Records
Sonvae enter al/MS numhr, CAGE code or Business/In. to search for the entitie that you are interested in resieering.Tbe top search bar afovs you to
enter anyeeuels term. Yoe can also eater exdntion searrtterms to search for exclusion records. If tmu.t.ot to search for only a CAGE Bade o: a DUNS
numb.' you can use the bottom two search bars. Once a search has returned rauhs, use the filters provided to narrow reeotm.
Government employees most create. a SA al ...Mani with their gnvermceot email address. Log iv before sezrrbiep is order to see FOGG infornutioo and
those nxto selected to opt an of the public search. _
Von rxionh•tase.nesearch bar aka rite
:(F_plc ofst.rob term -the:envt}+s;non= etcj
Dt tS tinmber Searuh ter
CAC-E.Cod Santi...ic:e:.C: =eSir
NeedNep7 l
SAM !System for Award Management t.o
Note toell Users: This is a reLe:al Gaernnoot emote. system Ste oftlaa
e at®a onjtitracones: nmooitanee tt et tin..
Bit ,7:4.00t3o3to-t34 t
17
3. AFTER THE INFORMATION IS DISPLAYED MAKE SURE THE CONTRACTOR IS NOT DEBARRED.
PRINT THE RESULTS AND SUBMIT WITH THE REIMBURSMENT PACKAGE.
•
.ccncry KECORDC 7j a Arr/Ng
intilv0•.;.;i Y _.�_r ,......,,-•,,._. %,.:...+ 1u.::iY'r3e.+..s..: S, "�'H�..L.,r6....'�'
DONS:oxoMs&y - .
Name: aMMCCE &NIC1:. CO\Tr 4CTong, LAC
Business Type Maims; or Organ !ion
rocxame:lone Spedied
Registration Sinitic A1ne
T\piratlaoDate:n9)L xosi .. .
Active Exclusion RernM.0 ao
18
EXHIBIT "I"
COMMERCIAL FACADE/CODE COMPLIANCE PROGRAM
SERVICE AREA CERTIFICATION FORM
Project #: F-
Name of Business:
Business Address:
Type of Business:
CC:
ERVED;,SY=.
*2010 CENSUS DATA
CERTIFICATION QUESTIONS:
YES
No
1.
Is the % of Low/Mod Income Persons in the Service Area 51 % or Higher?
2.
Is this a non -manufacturing facility?
3.
Is this a non -wholesale facility? (ie. Does not sell just to other businesses)
4.
Are the services/products available to all the residents of the Service Area?
5.
Is the Service Area Primarily Residential
If you answered any of the questions above (1-5) "No", then the business DOES NOT qualify for the
program. If the answers were "Yes" to all questions above, then the business can be assisted.
TO BE COMPLETED BY CITY OF MIAIVII STAFF ONLY
I have verified that the information in this fonn is true and complete and I further certify that it meets all
program requirements and that the Service Area is Low/Mod and Primarily Residential
Name: Signature:
Title: Contract Analyst Date:
19
ExmIBIT "J"
LOW/MOD INCOME DATA — CENSUS 2010
1 Populatio.
Mod Person
13011
13012
13013
13014
13015
13021
13022
1046 563
869 675
1037
343
1909
801
1120
1142
1575
715
346
351
13023 1058 647
13024 1043 831
13025 807 681
13026 1190 649
14014 2073 1363
14015 654 569
14016 1639 1398
14021 1 1829 1516
14022 589 457
14023
15011
15012
1163
813
2474
' 1046
622
2344
15013 453 432
15014
284 284
15021 146 145
17031 516 308
17034
516 378
18011 64 64
18012 504 327
18021 469 280
18022 679
18023
860
19011
706
476
626
597
19012
1053
19013
971
19014 503
796
811
319
19015 762 601
19034 563 430
19035 1092 970
19036
19037
19041
748
513
1701
604
417
1318
20
Stock Group Total Popula ion Low J Mod Persons
19042
1004
837
19043
19048
20011
713
673
1404
20012
20013
20014
20033
20034
20041
20042
21001
21002
21003
21004
1323
727
817
1612
1676
1293
1575
1088
586
699
595
558
510
1184
1107
413
750
1396
1496
1091
1298
331
141
221
463
22011 2622 1842
22012
1295 795
22013
37 31
22021
992 594
22022 1218 813
22023 1553 1238
22024 983 522
22025 818 429
22026 308 181
23001 1383 778
23002 691 423
23003 618
390
23004 913 474
23005 975 739
23006 • 469 321
24011
2387 1747
24013 2769 2509
24014 1843 1352
24015 2378 1700
24021 2118 1860
24022 2660 1904
25001 1589 991
25002 2159 1712
25003 927 631
25004
1340 1047
25005 i 1738 1406
26001 889 807
21
ock Group - Total Population
/ Mod Persons
26002
26003
26004
920
1751
541
679
1611
530
27011
2091
749
27012
1119 790
27013
27014
1239 779
1089 824
27015
27016
27021
27022
28001
28002
28003
29001
29002
2108
629
1063
335
597
34
453
772
933.
867
148
781
217
587
34
425
643
543
29003
1135
628
30011
30012
30013
30031
30032
30033
30041
30042
725
990
872
1821
2694
1718
855
2764
31001
31002
31003
779
1314
1804
561
908
465
1440
2212
1348
706
2155
653
34001
34002
1100
526
34003
476
34004
377
1058
1548.
1019
484
404
289
36011
787
721
36012
377
36013
36021
687
1488
36022
1745
36023
1181
376
674
1290
1447
1096
36024
2157
1886
37011
556
37021
49000
2120
1568
525
1500
802
22
ock Grou
taiPopulati
Mod Person'
49011
49013
49014
501
1422
1661
225
1153
1228
49022 1689 943
49023
1002 493
49024 2787 - 2071
50011 1545 1000
50012
50013
50014
1242
623
230
632
387
198
50015 1857 1041
50016 1412 474
50021 2510 1707
50023 2227 1315
51001 1503 1301
51002
1045 823
51003
1034 587
51004
2246 1776
51005 1650 1195
51006
1202 807
52011
346 270
52012
1905
1675
52013
52014
1022
1655
52021 2184
855
1307
1826
52022 1792 1453
52023
422 395
52024
860. 749
53013 853 695
53014 464 331
53015 = 1564 1296
53016 1805 1445
53017 1654 1381
53018 1379 ` 1078
a
53021 1793 1560
53022 2264 1955
53023 1649 1343
53024 - 1172 1011
54011
1599
922
54012 2298 1615
54013 1591 ± 1093
54014 1455 1045
23
lock Group j , Total Population Low J Mod Persons
54015
1525
54021
54022
54023
2222
1881
1390
1193
1862
1521
1049
54024
1949 ? 1630
54025 956 550
54026
55011
1016 557
1275 674
55012
1560 912
55013
1270 865
55014 1599 1084
55021 1759 1209
55022
1482 920
55023
1599 885
55024
1669 - 1063
56001
1209 547
56002
56003
57013
1136
1414
630
653
773
425
57014 1809 936
57015 1683 802
57016 1601 1067
57031 919 749
57032 3226 2126
57033 993 882
57041 3323 2467
57042 1803 1182
57043 1712 1313
58011 1192 583
58012 1429 822
58013 - 1338
58014 ' 2069
703
1218
58021 1715
825
58022 1823
58023 1155
1091
550
58024 1048 567
58025 2237 1273
63011 1756 1285
63012 1910 1215
63013
969 583
63014 1554 1164
63021 1931 996
24
ock Grou
1Po ablation ; ; Louv J Ellod Persons
63022
1291
690
63023
874
266
63024
64011
64012
64013
64023
941
1094
1074
1527
733
393
747
596
1310
402
64024
1344
956
64025
940
560
64026
64031
843
1511
537
1021
64032
1340
616
64033
941 530
65001
980 363
65002
1250 617
65003
1284 724
65004
1278 547
65005 2398 = 1505
65006
1057 603
66012
873 371
66013 1530 1271
66014 1785 1283
66015 893 399
66016 1126 322
66017 575 251
66021 2599 1936
66022 231 167
66023 1126 991
66024
717 640
67011 2181 466
67012
67013
67021
2302
4679
410
625
965
236
67022
809 244
67023 1150 573
67024 1087 563
68001 1452 205
68002 1158 345
68003 977 165
68004 1308 301
68005 983 158
69001 568 331
25
ock Group j Total Population
1VIod Person
69002
1339
587
69003
932
415
69004
957
69005
70011
562
2034 880
1489
909
70012
1954
1097
70013 2253 1175
70014
70021
70022
1515
1181
1410
789
597
896
70023 2265 1414
70024
1776 898
71001
1582 541
71002
1279 486
71003
888 269
71004 1373 730
71005
1010 621
72001 438 213
72002
72003
830 608
544 340
72004 561 380
73001 914 47
73002 809 146
73003 762
73004 1126
170
165
26
Federal Labor Standards Provisions
U.S. Department of Housing
and Urban Development
Office of Labor Relations
Applicability
The Project or Program to which the construction work
covered by this contract pertains is being assisted by the
United States of America and the following Federal Labor
Standards Provisions are included in this Contract
pursuant to the provisions applicable to such Federal
assistance.
A. 1. (i) Minimum Wages. All laborers and mechanics
employed or working upon the site of the work, 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 I(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 29 CFR
5.5(a)(1)(iv); also, regular contributions made or costs
incurred for more than a weekly period (but not less often
than quarterly) under plans, funds, or programs, which
cover the particular weekly period, are deemed to be
constructively made or incurred during such weekly period.
Such laborers and mechanics shall be paid the appropriate
wage' rate and fringe benefits on the wage determination
for the classification of work actually performed, without
regard to skill, except as provided in 29 CFR 5.5(a)(4).
Laborers or mechanics performing work in more than one
classification may be compensated at the rate specified for
each classification for the time actually worked therein:
Provided, That the employer's payroll records accurately
set forth the time spent in each classification in which
work is performed. The wage determination (including any
additional classification and wage rates conformed under
29 CFR 5.5(a)(1)(ii) and the Davis -Bacon poster (WH-
1321) shall be posted at all times by the contractor and its
subcontractors at the site of the work in a prominent and
accessible, place where it can be easily seen by the
workers.
(ii) (a) Any class of laborers or mechanics which is not
listed in the wage determination and which is to be
employed under the contract shall be classified in.
conformance with the wage determination. HUD shall
approve an additional classification and wage rate and
fringe benefits therefor 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 HUD or its designee 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 HUD or its designee to
the Administrator of the Wage and Hour Division,
Employment Standards Administration, U.S. Department of
Labor, Washington, D.C. 20210. The Administrator, or an
authorized representative, will approve, modify, or
disapprove every additional classification action within 30
days of receipt and so advise HUD or its designee or will
notify HUD or its designee within the 30-day period that
additional time is necessary. (Approved by the Office of
Management and Budget under OMB control number 1215-
0140.)
(c) In the event the contractor, the laborers or mechanics
to be employed in the classification or their
representatives, and HUD or its designee do not agree on
the proposed classification and wage rate (including the
amount designated for fringe benefits, where appropriate),
HUD or its designee shall refer the questions, including
the views of all interested parties and the recommendation
of HUD or its designee, to the Administrator for
determination. The Administrator, or an authorized
representative, will issue a determination within 30 days of
receipt and so advise HUD or its designee or will notify
HUD or its designee within the 30-day period that
additional time is necessary. (Approved by the Office of
Management and Budget under OMB Control Number
1215-0140.)
(d) The wage rate (including fringe benefits where
appropriate) determined pursuant to subparagraphs
(1)(ii)(b) or (c) of this paragraph, shall be paid to all
workers performing work in the classification under this
contract from the first day on which work is performed in
the classification.
(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
Previous editions are obsolete
form HUD-4010 (06/2009)
Page 1 of 5 ref. Handbook 1344.1
of the wages of any laborer or mechanic the amount of any
costs reasonably anticipated in providing bona fide fringe
benefits under a 'planor program, Provided, That the
Secretary of Labor has found, upon the written request of
the contractor, that the applicable standards of the Davis -
Bacon Act have been met. The Secretary of Labor may
require the contractor to set aside in a separate account
assets for the meeting of obligations under the plan or
program. (Approved by the Office of Management and
Budget under OMB Control Number 1215-0140.)
2. Withholding. HUD or its designee shall upon its own
action or upon written request of an authorized
representative of the Department of Labor withhold or
cause to be withheld from the contractor under this
contract or any other Federal contract with the same prime
contractor, or any other Federally -assisted contract
subject to Davis -Bacon prevailing wage requirements,
which is held by the same prime contractor so much of the
accrued payments or advances as may be considered
necessary to pay laborers and mechanics, including
apprentices, trainees and helpers, employed by the
contractor or any subcontractor the full amount of wages
required by the contract In the event of failure to pay any
laborer or mechanic, including any apprentice, trainee or
helper, employed or working on the site of the work, all or
part of the wages required by the contract, HUD or its
designee may, after written notice to the contractor,
sponsor, applicant, or owner, take such action as may be
necessary to cause the suspension of any further
payment, advance, or guarantee of funds until such
violations have ceased. HUD or its designee may, after
written notice to the contractor, disburse such amounts
withheld for and on account of the contractor or
subcontractor to the respective employees to whom they
are due. The Comptroller General shall make such
disbursements in the case of direct Davis -Bacon Act
contracts.
3. (i) Payrolls and basic records. Payrolls and basic
records relating thereto shall be maintained by the
contractor during the course of the work preserved for a
period of three years thereafter for all laborers and
mechanics working at the site of the work. 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 I(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 I(b)(2)(B) of the Davis -
Bacon Act, the contractor shall maintain records which
show that the commitment to provide such benefits is
enforceable, that the plan or program is financially
responsible, and that the plan or program has been
communicated in writing to the laborers or mechanics
affected, and records which show the costs anticipated or
the actual cost incurred in providing such benefits.
Contractors employing apprentices or trainees under
approved programs shall maintain written evidence of the
registration of apprenticeship programs and certification of
trainee programs, the registration of the apprentices and
trainees, and the ratios and wage rates prescribed in the
applicable programs. (Approved by the Office of
Management and Budget under OMB Control Numbers
1215-0140 and 1215-0017.)
(ii) (a) The contractor shall submit weekly for each week
in which any contract work is performed a copy of all
payrolls to HUD or its designee if the agency is a party to
. the contract,but if the agency is not such a party, the
contractor will submit the payrolls to the applicant
sponsor, or owner, as the case may be, for transmission to
HUD or its designee. The payrolls submitted shall set out
accurately and completely all of the information required
to be maintained under 29 CFR 5.5(a)(3)(i) except that full
social security numbers and home addresses shall not be
included on weekly transmittals. Instead the payrolls shall
only need to include an individually identifying number for
each employee (e.g., the last four digits of the employee's
social security number). The required weekly payroll
information may be submitted in any form desired.
Optional Form WH-347 is available for this purpose from
the Wage and Hour Division Web site at
http://www.dol.gov/esa/whd/forms/wh347instr.htm or its
successor site. The prime contractor is responsible for
the submission of copies of payrolls by all subcontractors.
Contractors and subcontractors shall maintain the full
social security number and current address of each
covered worker, and shall provide them upon request to
HUD or its designee if the agency is a party to the
contract, but if the agency is not such a party, the
contractor will submit the payrolls to the applicant
sponsor, or owner, as the case may be, for transmission to
HUD or its designee, the contractor, or the Wage and Hour
Division of the Department of Labor for purposes of an
investigation or audit of compliance with prevailing wage
requirements. It is not a violation of this subparagraph for
a prime contractor to require a subcontractor to provide
addresses and social security numbers to the prime
contractor for its own records, without weekly submission
to HUD or its designee. (Approved by the Office of
Management and Budget under OMB Control Number
1215-0149.)
(b) Each payroll submittedshall 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 provided under 29 CFR 5.5
(a)(3)(ii), the appropriate information is being maintained
under 29 CFR 5.5(a)(3)(i), and that such information is
correct and complete;
Previous editions are obsolete form HUD-4010 (06/2009)
Page 2 of 5 ref. Handbook 1344.1
(2) That each laborer or mechanic (including each helper,
apprentice, and trainee) employed on the contract during
the payroll period has been paid the full weekly wages
earned, without rebate, either directly or indirectly, and
that no deductions have been made either directly or
indirectly from the full wages earned, other than
permissible deductions as set forth in 29 CFR Part 3;
(3) That each laborer or mechanic has been paid not less
than the applicable wage rates and fringe benefits or cash
equivalents for the classification of work performed, as
specified in the applicable wage determination
incorporated into the contract.
(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 subparagraph
A.3.(ii)(b).
(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 subparagraph A.3.(i) available for
inspection, copying, or transcription by authorized
representatives of HUD or its designee or the Department
of Labor, and shall permit such representatives to
interview employees during working hours on the job. If
the contractor or subcontractor fails to submit the required
records or to make them available, HUD or its designee
may, after written notice to the contractor, sponsor,
applicant or owner, take such action as may be necessary
to cause the suspension of any further payment, advance,
or guarantee of funds. Furthermore, failure to submit the
required records upon request or to make such records
available may be grounds for debarment action pursuant to
29 CFR 5.12.
4. Apprentices and Trainees.
(i) Apprentices. Apprentices will be permittedto work at
less than the predetermined rate for the work they
performed when they are employed pursuant to and
individually registered in a bona fide apprenticeship
program registered with the U.S. Department of Labor,
Employment and Training Administration, Office of
Apprenticeship Training, Employer and Labor Services, or
with a State Apprenticeship Agency recognized by the
Office, 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 Office of Apprenticeship Training, Employer and Labor
Services 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 subcontractor's
registered program shall be observed. Every apprentice
must be paid at not less than the rate specified in the
registered program for the apprentice's level of progress,
expressed as a percentage of the journeymen hourly rate
specified in the applicable wage determination.
Apprentices shall be paid fringe benefits in accordance
with the provisions of the apprenticeship program. If the
apprenticeship program does not specify fringe benefits,
apprentices must be paid the full amount of fringe benefits
listed on the wage determination for the applicable
classification. If the Administrator determines that a
different practice prevails for the applicable apprentice
classification, fringes shall be paid in accordance with that
determination. In the event the Office of Apprenticeship
Training, Employer and Labor Services, or a State
Apprenticeship Agency recognized by the Office,
withdraws approval of an apprenticeship program, the
contractor will no longer be permitted to utilize
apprentices at less than the applicable predetermined rate
for the work performed until an acceptable program is
approved.
(ii) Trainees. Except as provided in 29 CFR 5.16,
trainees will not be permitted to work at less than the
predetermined rate for the work performed unless they are
employed pursuant ',to and individually registered in a
program which has received prior approval, evidenced by
formal certification by the U.S. Department of Labor,
Employment and Training Administration. The ratio of
trainees to journeymen on the job site shall not be greater
than permitted under the plan approved by the
Employment and Training Administration. Every trainee
must be paid at not less than the rate specified in the
approved program for the trainee's level of progress,
expressed as a percentage of the journeyman hourly rate
specified in the applicable wage determination. Trainees
shall be paid fringe benefits in accordance with the
provisions of the trainee program. if the trainee program
does not mention fringe benefits, trainees shall be paid
the full amount of fringe benefits listed on the wage
determination unless the Administrator of the Wage and
Hour Division determines that there is an apprenticeship
program associated with the corresponding journeyman
wage rate on the wage determination which provides for
less than full fringe benefits for apprentices. Any
employee listed on the payroll at a trainee rate who is not
registered and participating in a training plan approved by
Previous editions are obsolete form HUD-4010 (06/2009)
Page 3 of 5 ref. Handbook 1344.1
the Employment and Training Administration shall be paid
not less than the applicable wage rate on the wage
determination for the work actually performed. In addition,
any trainee performing work on the job site in excess of
the ratio permitted under the registered program shall be
paid not less than the applicable wage rate on the wage
determination for the work actually performed. In the
event the Employment and Training Administration
withdraws approval of a training program, the 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 29 CFR Part 5
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 will
insert in any subcontracts the clauses contained in
subparagraphs 1 through 11 in this paragraph A and such
other clauses as HUD or its designee may by appropriate
instructions require, and a copy of the applicable
prevailing wage decision, 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 this
paragraph.
7. Contract termination; debarment. A breach of the
contract clauses in 29 CFR 5.5 may be grounds for
termination of the contract and for debarment as a
contractor and a subcontractor as provided in 29 CFR
5.12.
8. Compliance with Davis -Bacon and Related Act Requirements.
All rulings and interpretations of the Davis -Bacon and
Related Acts contained in 29 CFR Parts 1, 3, and 5 are
herein incorporated by 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 HUD or
its designee, the U.S. Department of Labor, or the
employees or their representatives.
10. (i) Certification of Eligibility. By entering into this
contract the contractor certifies that neither it (nor he or
she) nor any person or firm who has an interest in the
contractor's firm is a person or firm ineligible to be
awarded Government contracts by virtue of Section 3(a) of
the Davis -Bacon Act or 29 CFR 5.12(a)(1) or to be
awarded HUD contracts or participate in HUD programs
pursuant to 24 CFR Part 24.
(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) or to be awarded HUD contracts or
participate in HUD programs pursuant to 24 CFR Part 24.
(iii) The penalty for making false statements is prescribed
in the U.S. Criminal Code, 18 U.S.C. 1001. Additionally,
U.S. Criminal Code, Section 1 01 0, Title 18, U.S.C.,
"Federal Housing Administration transactions", provides in
part: "Whoever, for the purpose of . . . influencing in any
way the action of such Administration makes, utters or
publishes any statement knowing the same to be false
shall be fined not more than $5,000 or imprisoned not
more than two years, or both."
11. Complaints, Proceedings, or Testimony by
Employees. No laborer or mechanic to whom the wage,
salary, or other labor standards provisions of this Contract
are applicable shall be discharged or in any other manner
discriminated against by the Contractor or any
subcontractor because such employee has filed any
complaint or instituted or caused to be instituted any
proceeding or has testified or is about to testify in any
proceeding under or relating to the labor standards
applicable under this Contract to his employer.
B. Contract Work Hours and Safety Standards Act. The
provisions of this paragraph B are applicable where the amount of the
prime contract exceeds $100,000. As used in this paragraph, the
terms "laborers" and "mechanics" include watchmen and guards.
(1) Overtime requirements. No contractor or subcontractor
contracting for any part of the contract work which may require or
involve the employment of laborers or mechanics shall require or
permit any such laborer or mechanic in any workweek in which the
individual is employed on such work to work in excess of 40 hours in
such workweek unless such laborer or mechanic receives
compensation at a rate not less than one and one-half times the basic
rate of pay for all hours worked in excess of 40 hours in such
workweek.
(2) Violation; liability for unpaid wages; liquidated
damages. In the event of any violation of the clause set
forth in subparagraph (1) of this paragraph, the contractor
and any subcontractor responsible therefor shall be liable
for the unpaid wages. In addition, such contractor and
subcontractor shall be liable to the United States (in the
case of work done under contract for the District of
Columbia or a territory, to such District or to such
territory), for liquidated damages. Such liquidated
damages shall be computed with respect to each individual
laborer or mechanic, including watchmen and guards,
employed in violation of the clause set forth in
subparagraph (1) of this paragraph, in the sum of $10 for each
calendar day on which such individual was required or permitted to
work in excess of the standard workweek of 40 hours without payment
of the overtime wages required by the clause set forth in sub
paragraph (1) of this paragraph.
Previous editions are obsolete form HUD-4010 (06/2009)
Page 4 of 5 ref. Handbook 1344.1
(3) Withholding for unpaid wages and liquidated
damages. HUD or its designee shall upon its own action
or upon written request of an authorized representative of
the Department of Labor withhold or cause to be withheld,
from any moneys payable on account of work performed by
the contractor or subcontractor under any such contract or
any other Federal contract with the same prime contract,
or any other Federally -assisted contract subject to the
Contract Work Hours and Safety Standards Act which is
held by the same prime contractor such sums as may be
determined to be necessary to satisfy any liabilities of
such contractor or subcontractor for unpaid wages and
liquidated damages as provided in the clause set forth in
subparagraph (2) of this paragraph.
(4) Subcontracts. The contractor or subcontractor shall
insert in any subcontracts the clauses set forth in
subparagraph (1) through (4) of this paragraph and also a
clause requiring the subcontractors to include these
clauses in any lower tier subcontracts. The prime
contractor shall be responsible for compliance by any
subcontractor or lower tier subcontractor with the clauses
set forth in subparagraphs (1) through (4) of this
paragraph.
C. Health and Safety. The provisions of this paragraph C are
applicable where the amount of the prime contract exceeds $100,000.
(1) No laborer or mechanic shall be required to work in
surroundings or under working conditions which are
unsanitary, hazardous, or dangerous to his health and
safety as determined under construction safety and health
standards promulgated by the Secretary of Labor by
regulation.
(2) The Contractor shall comply with all regulations
issued by the Secretary of Labor pursuant to Title 29 Part
1926 and failure to comply may result in imposition of
sanctions pursuant to the Contract Work Hours and Safety
Standards Act, (Public Law 91-54, 83 Stat 96). 40 USC
3701 et seq.
(3) The contractor shall include the provisions of this
paragraph in every subcontract so that such provisions will
be binding on each subcontractor. The contractor shall
take such action with respect to any subcontractor as the
Secretary of Housing and Urban Development or the
Secretary of Labor shall direct as a means of enforcing
such provisions.
Previous editions are obsolete form HUD-4010 (06/2009)
Page 5 of 5 ref. Handbook 1344.1
U.S. Department of Labor
Employment Standards Administration
Wage and Hour Division
PAYROLL
(For Contractor's Optional Use; See Instructions at www.dol.govlesalwhd/forms/wh347instr.htm)
Persons are not required to respond to the collection of information unless it displays a currently valid OMB control number.
U.S. tl%awe and Hnttr Division
Rev. Dec. 2008
NAME OF CONTRACTOR ED OR SUBCONTRACTOR 0
ADDRESS
OMB No.: 1215-0145.
Expires: 12/31/2011
PAYROLL NO.
FOR WEEK ENDING
PROJECT AND LOCATION
PROJECT OR CONTRACT NO.
(1)
NAME AND INDIVIDUAL IDENTIFYING NUMBER
(e.g., LAST FOUR DIGITS OF SOCIAL SECURITY
NUMBER) OF WORKER
NO. OF
WITHHOLDING 3-3
EXEMPTIONS �.
(3)
WORK
CLASSIFICATION
(4) DAY AND DATE
(5)
TOTAL
HOURS
(6)
RATE
OF PAY
(7)
GROSS
AMOUNT
EARNED
(8)
DEDUCTIONS
(6)
NET
WAGES
PAID
FOR WEEK
O
o
FICA
WITH.
HOLDING
TAX
OTHER
TOTAL
DEDUCTIONS
HOURS WORKED EACH DAY
0
////://
5
0
5
0
5
0
$
O
/5
0/////://
5
0
5
0
S
While completion of Form WH-347 is optional, it is monde ory for overed contactors and subc ntractors performing work on Federall financed or assisted construction contracts to respond to the'nformation collection conta'ned in 29 C.F.R. §§ 3.3, 5.5 a). The Copeland Act
(40 U.S.C. § 3145) contractors and subcontractors performing work on Federally financed or a sided consWc'on contracts to Rumis weekly a statement with respe t to the wages paid each emp oyee during the preceding week." U.S. Department of abor (DOL) regulations at
29 C.F.R. § 5.5(a)(3)(ii) require contractors to submit wee ly a copy of all payrolls to the Federa agency contra ting for or financing the construction project, accompe led by a signed "Statement of Compliance' indicating that the payrolls are correct and complete and that each laborer
or mechanic has been paid not less than the proper Davis Bacon prevailing wage rate tor the work pedormed. DOL and federal contra ring agencies receiving this information review the information to determine that employees have received legally required wages and fringe benefits.
Public Burden Statement
We estimate that is will take an average of 55 minutes to complete this collection, including time for reviewing instructions, searching e isting data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. If you have
any comments regarding these estimates or any other aspect of this collection, including suggestions for reducing this burden, send them to the Administrator, Wege and Hour Division, ESA, U.S. Department of Labor, Room S3502, 200 Constitution Avenue, N.W.
Washington, D.C. 20210
(over)
Date
(Name of Signatory Party) (Title)
do hereby state:
(1) That I pay or supervise the payment of the persons employed by
on the
(Contractor or Subcontractor)
; that during the payroll period commencing on the
(Building or Work)
day of and ending the day of
all persons employed on said project have been paid the full weekly wages earned, that no rebates have
been or will be made either directly or indirectly to or on behalf of said
from the full
(Contractor or Subcontractor)
weekly 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 than permissible deductions as defined in Regulations, Part
3 (29 C.F.R. Subtitle A), issued by the Secretary of Labor under the Copeland Act, as amended (48 Stat. 948,
63 Start. 108, 72 Stat. 967; 76 Stat. 357; 40 U.S.C. § 3145), and described below:
(2) That any payrolls otherwise under this contract required to be submitted for the above period are
correct and complete; that the wage rates for laborers or mechanics contained therein are not less than the
applicable wage rates contained in any wage determination incorporated into the contract; that the
classifications set forth therein for each laborer or mechanic conform with the work he performed.
(3) That any apprentices employed in the above period are duly registered in a bona fide
apprenticeship program registered with a State apprenticeship agency recognized by the Bureau of
Apprenticeship and Training, United States Department of Labor, or if no such recognized agency exists in a
State, are registered with the Bureau of Apprenticeship and Training, United States Department of Labor.
(4) That:
(a) WHERE FRINGE BENEFITS ARE PAID TO APPROVED PLANS, FUNDS, OR PROGRAMS
— in addition to the basic hourly wage rates paid to each laborer or mechanic listed in
the above referenced payroll, payments of fringe benefits as listed in the contract
have been or will be made to appropriate programs for the benefit of such
employees, except as noted in section 4(c) below.
(b) WHERE FRINGE BENEFITS ARE PAID IN CASH
❑ — Each laborer or mechanic listed in the above referenced payroll has been paid,
as indicated on the payroll, an amount not less than the sum of the applicable
basic hourly wage rate plus the amount of the required fringe benefits as listed
in the contract, except as noted in section 4(c) below.
(c) EXCEPTIONS
EXCEPTION (CRAFT)
EXPLANATION
REMARKS,
NAME AND TITLE
SIGNATURE
THE WILLFUL FALSIFICATION OF ANY OF THE ABOVE STATEMENTS MAY SUBJECT THE CONTRACTOR OR
SUBCONTRACTOR TO CIVIL OR CRIMINAL PROSECUTION. SEE SECTION 1001 OF TITLE 18 AND SECTION 231 OF TITLE
31 OF THE UNITED STATES CODE.