Boiler_Plate_Dania_Beach_NW_Oasis_Neighborhood_Improvements_Phases_16_&_17.pdf

FEDERAL GRANT

DEPARTMENT OF HOUSING AND URBAN

DEVELOPMENT (HUD)

A COMMUNITY DEVELOPMENT BLOCK GRANT

PROJECT (CDBG)

A BOILER PLATE (GUIDE)

FOR

City of Dania Beach

NW Oasis Neighborhood Improvements Phases 16 & 17

Project A: Installation of pervious paver aprons and parking areas in the right-of-way, street and traffic signs, new and replacement sidewalks, curbing, and ADA crosswalks with ramps.

Other Oasis improvements include mailboxes, pedestrian lighting, and street lighting.

Specific estimates for improvements during Phase 16 of the Project include: up to 400 feet of sidewalk, 6 ADA ramps, 13,000 feet of pavers, new signage in public right-of-ways, and other improvements solicited from the residents.

Census Tract: 805 - Block Group: 2

Project B: installation of pervious paver aprons and parking areas within the public right-of-way. These pervious pavers contribute to flood control by allowing stormwater to infiltrate the ground, thereby reducing runoff and improving drainage. Additional improvements include the installation of street and traffic signs, construction of new and replacement sidewalks, curbing, and ADA-compliant crosswalks with ramps. The project will also provide safe pedestrian and street lighting. Specific estimated improvements include up to 6,300 linear feet of paver blocks, 63 paver block driveway aprons, 5 traffic signs, and street signs.

Census Tracts 804.5 – Block Group 2

Table of Contents

Supplementary Conditions

Required Documents

Special Requirements of Broward County Community Development Block Grants Projects

Certification of Fiscal Year 1988 Restrictions on the Award of Certain Contracts and Sub-Contracts to Foreign Countries

Certification of Bidder Regarding Equal Employment Opportunity

Certification by Proposed Subcontractor Regarding Equal Employment Opportunity

Section 3 Requirements

§ 135.38 Section 3 Clause

Bidder’s Initial Section 3 Goals

Section 3 Estimated Labor Hours and Eligible Jobs Availability Form

Section 3 Unavailability Certification

Section 3 Business Concern Certification for Contracting

Section 3 Business Concern Certification for Contracting Eligibility Guidelines

Section 3 Worker and Targeted Section 3 Worker Self-Certification

Section 3 Worker and Targeted Section 3 Worker Self-Certification Eligibility Guidelines

Section 3 Compliance Report

Florida Statues

Notice to Prospective Subcontractors of Requirement for Certification of Nonsegregated Facilities

Notice to Labor Unions or Other Organizations of Workers Nondiscrimination in Employment

Labor Requirements

29 CFR 1.6 – Use and Effectiveness of Wage Determinations

Wage Determination(s) Assigned to This Project

County Business Enterprise

Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion

Appendix I – Certified Payroll

Appendix II – Statement of Compliance

Appendix III – Instructions for Completing Payroll Form, WH-347

Appendix IV – Federal Labor Standards Provisions

Appendix V – Sample Project Sign Appendix VI – Build America, Buy America Act (BABA)

Supplementary Conditions

Federal Grants Projects:

By virtue of the fact that funding of this project will be delivered in full or in part from the United States government through: Housing and Urban Development (HUD).

Federal assurances must follow the grant application in addition to any and all supervening assurances set forth in Rules and Regulations published in the Federal Register or CFR.

Clauses, terms or conditions required by federal grantor agency are hereby attached and made a part of this Project Manual.

Required Documents

THE FOLLOWING DOCUMENTS SHALL BE COMPLETED AND SUBMITTED WITH THE BID IN

ORDER FOR THE BIDDER TO BE CONSIDERED RESPONSIVE:

1. Bidder’s Initial Section 3 Goals - Page 14

2. Section 3 Eligible Jobs Availability Form – Page 15

OR

3. Section 3 Unavailability Certification Form – Page 16

Bidder must submit #2 OR #3 with initial Bid Response, including #1.

THE FOLLOWING DOCUMENTS MUST BE COMPLETED AND SUBMITTED PRIOR TO

AWARD OF CONTRACT: THESE PAGES ARE PART OF THIS BOILER PLATE

1. Certification of F. Y. 1988 Restrictions on the Award of Certain Contract and Subcontractors to

Foreign Countries – Pages 7 - 8

2. Certification of Bidder regarding Equal Employment Opportunities (EEO) - Page 9

3. Certification of Proposed Subcontractor regarding Equal Employment Opportunities (EEO)

4. Broward County Section 3 Business Concern Certification for Contracting Form - Page 17-18

5. Broward County Section 3 Worker and Targeted Section 3 Worker Form - Page 19-20

6. Certification of Non-Segregated Facilities - Page 23

7. Notice to Labor Unions or other organizations of Workers Nondiscrimination In employment -

8. Certification regarding Prime Contractor Debarment - Page 31

9. Certification regarding Subcontractor(s) Debarment - Page 32

Special Requirements of Broward County Community Development Block Grants Projects

1. Career Source Broward was created by the Interlocal Agreement between the Broward County Commission and the Cities of Fort Lauderdale and Hollywood, November 20, 1973, pursuant to Florida Statutes Chapter 163.01 (7), creating a consortium called the Broward Manpower Council (BMC) to administer employment and training programs in Broward County. The BMC changed its name to the Broward Employment and Training Administration (BETA) in the mid-seventies and more recently adopted the name change, the Workforce One Council, to reflect the expanded scope of its activities in workforce development. There have been continuing resolutions by the Council government members reaffirming the continuation of the interlocal agreement, the last time being in 1996.

2. Career Source Broward’s purpose is to provide workforce services to the residents and employers of Broward County; to assist job seeks, economically disadvantaged adults and youth, and dislocated workers to obtain services, skills and employment leading to self-sufficiency.

3. Prime and Subcontract Awards are crucial to the achievement of the success of these services.

Therefore, the Prime Contractor shall, and shall require each subcontractor, to fulfill the County requirements by accepting referrals and interviewing eligible laborers and/or trainees as outlined in paragraph (4) below. These eligible laborers and trainees shall fill entry-level positions in the contractor's construction work force and be provided with meaningful training in order to increase the likelihood that they be absorbed into the permanent work force upon completion of the project if the contractor has entry-level positions available.

4. FOR BIDDERS TO BE RESPONSIVE EACH MUST SUBMIT WITH THEIR BIDS THE BIDDER’S

INITIAL SECTION 3 GOALS (PAGE 14). "ELIGIBLE JOBS AVAILABILITY FORM" (PAGE 18) OR

THE "UNAVAILABILITY CERTIFICATION" (PAGE 19). NO FORMS WILL BE ACCEPTED AFTER

THE BID DUE TIME. NO EXCEPTIONS.

5. If the successful bidder has eligible job vacancies available, it is the bidder's responsibility to contact Career Source Broward at least two (2) weeks before the commencement of construction in order to obtain job recruitment referrals.

6. To obtain a list of job recruitment referrals the contractor shall contact: CareerSource Broward's Job Order Unit at (954) 677-JOBS (5627) or email jobs@careersourcebroward.com.

7. In the event of the occurrence of any vacancy of eligible job positions at any time during the project, the contractor shall immediately contact CareerSource Broward for new referrals in order to fill those vacancies.

8. In the event that CareerSource Broward is unable to provide referrals in a timely manner, upon notification from the contractor, the contractor shall immediately notify the County who shall provide the contractor with a contact name at the Florida State Employment Service.

9. Contractor shall refer all entry-level job applicants contacting him directly to CareerSource Broward for determination for their eligibility.

10. Contractor may obtain from CareerSource Broward or the Community Development Division information regarding wage subsidies and tax credits as related to the employment to low income persons and residences of enterprise zones.

11. Contractor shall include, or cause to be included, in all subcontracts covering any of the work covered by this contract, the requirements applicable to the Contractor and appearing herein. The requirements for subcontractors only apply to labor and installation subcontracts and exclude materials and supplies subcontracts.

12. Nothing herein shall be construed to require or warrant the award of a bid to a Prime Contractor when it is not the lowest responsive bid when two (2) or more bidders either meet the requirements or certify that no entry level positions are available.

13. Nothing herein shall be construed to require a Prime Contractor to award a subcontract bid if it is not the lowest responsive bid.

14. Nothing herein shall be construed to indicate that a higher level of Jobs Bill Involvement will give the bidder the right of award over other bidders who have agreed to accept referrals form CareerSource Broward. However, when all elements of a bid are substantially equal, the number of entry-level positions available may be used to break ties.

15. DEFINITIONS

a. Laborer: Includes at least those workers whose duties are manual or physical in nature, including those workers who use tools or who are performing the work of trade

b. Trainee: Includes a person registered and receiving on-the-job training in a construction occupation under a program which has been approved in advance by the United States Department of Labor and Employment Training Administration as meeting its standards for the on-the-job training programs which have been certified by that Administration.

Certification of Fiscal Year 1988 Restrictions on the Award of Certain Contracts and Sub- Contracts to Foreign Countries

This certification is to verify that the offeror 1) is not a contractor of a foreign country included on the list of countries that discriminate against U.S. firms published by the U.S. Trade Representative (USTR);

2) has not or will not enter into any subcontract with a subcontractor or a foreign country included on the USTR list, and 3) will not provide any product of a country included on the USTR list. These prohibitions also apply to certain products used in these activities, such as affixed equipment, electronics, utilities, and instruments.

Grantees or subgrantees recipients entering into contract for construction, alteration, or repair of any public building or public work project subject to the prohibitions described in this Notice shall include the following provision in all such contracts:

Restriction on Public Building and Public Works Projects.

Definitions.

"Component" as used in this clause, means those articles, materials, and supplies incorporated directly into the product.

"Product", as used in this clause, means construction materials - i.e. articles, materials, and supplies brought to the construction site for incorporation into the public works project, including permanently affixed equipment, instruments, utilities, electronic or other devices, but not including vehicles or construction equipment. In determining the origin of a product BROWARD COUNTY will consider a product as product as produced in a foreign country if it has been assembled or manufactured in the foreign country, or if the cost of the components mine, produced, or manufactured in the foreign country exceed 50 percent of the cost of all its components.

"Contractor or subcontractor of a foreign country", as used in this clause, means any contractor or subcontractor that is a citizen or national of a foreign country or is controlled directly or indirectly by citizens or nationals of a foreign country. A contractor or subcontractor shall be considered to be a citizen or national of a foreign country, or controlled directly or indirectly by citizens or nationals of a foreign country:

1. If 50 percent or more of the contractor or subcontractor is owned by a citizen or national of the foreign country;

2. If the title of 50 percent or more of the stock of the contractor or subcontractor is held subject to trust or fiduciary obligation in favor of citizens or nationals of the foreign country;

3. If 50 percent of more of the voting power in the Contractor or subcontractor is vested in or exercisable on behalf of a citizen or national of the foreign country.

4. In the case or partnership, if any general partner is a citizen of the foreign country;

5. In the case of a corporation, if its president or other chief executive officer or the chairman or its board of directors is a citizen of the foreign country or the majority of any number of its directors necessary to constitute a quorum are citizen of the foreign country or the corporation is organized under the laws of the foreign country or any subdivision, territory, or possession thereof; or

6. In the case of a contractor or subcontractor who is a joint venture, if any participation firm is a citizen or national of a foreign country or meets any of the criteria in subparagraphs (a) (1) through

(5) of this clause.

Contractor Signature Date

(a) Restrictions The Contractor shall not (1) knowingly enter into any subcontract under this contract with a subcontractor of a foreign country included on the list of countries that discriminate against U.S. firm published by the United States Trade Representation (See Paragraph (c) of this clause), or (2) supply any product under this contract of a country included on the list of foreign countries that discriminate against U.S. forms published by the USTR.

(b) USTR List

The USTR published a list in the Federal Register in accordance with section 109(c) of publication L 100-202 where countries can be added or deleted.

(c) Certification

The Contractor may rely upon the certification of a prospective subcontractor that is not a subcontractor of a foreign country included on the list of countries that discriminate against U.S. firms published by the USTR and that products supplied by such subcontractor for use on the Federal public works project under this contractor are not products of a foreign country included on the list of foreign countries that discriminate against U.S. firms published by the USTR, unless such Contractor has knowledge that the certification is erroneous.

(d) Subcontracts

The Contractor shall incorporate this clause, modified only for the purpose of property identifying the parties, in all subcontracts. This paragraph (e) shall also be incorporated in all subcontracts.

For additional information see Federal Register Vol.53, No. 53, No. 116, Pages 22569-22573.

Certification of Bidder Regarding Equal Employment Opportunity

This certification is required pursuant to Executive Order 11246 (30 F.R. 12319-25). The implementing rules and regulations provide that any bids or prospective contractor, or any of their proposed subcontractors, should state as an initial part of the bid or negotiations of the contract whether the contractor has participated in any previous contract or subcontract subject to the equal opportunity clause; and, if so, whether it has filed all compliance reports due under applicable instructions.

Where the Certification indicates that the apparent successful bidder has not filed a compliance report due under applicable instructions, bidder shall submit a compliance report prior to award. NO CONTRACT

SHALL BE AWARDED UNLESS SUCH REPORT IS SUBMITTED.

CERTIFICATION BY BIDDER

BIDDER'S NAME:

ADDRESS:

1. Bidder has participated in a previous contract or subcontract subject to the Equal Opportunity Clause.

Yes_______ No_______

2. Compliance reports were required to be filed in connection with such contract or subcontract.

3. Bidder has filed all compliance reports due under applicable instructions, including SF. 100.

If answer to item 3 is "No", please explain in detail on below or attach a piece of paper if needed.

Certification – The information above is true and complete to the best of my knowledge and belief.

Print Name

Certification by Proposed Subcontractor Regarding Equal Employment Opportunity

Name of Prime Contractor Project No. /Project Name

This certification is required pursuant to Executive Order 11246 (30 F.R. 12319-25). The implementing rules and regulations provide that any bids of prospective contractor, or any of their proposed subcontractors, should state as an initial part of the bid or negotiations of the contract whether the Contractor has participated in any previous contract or subcontract subject to the equal opportunity clause; and, if so, whether it has filed all compliance reports due under applicable instructions.

Where the Certification indicates that the apparent successful bidder has not filed a compliance report due under applicable instructions, bidder shall submit a compliance report prior to award. NO CONTRACT SHALL BE

AWARDED UNLESS SUCH REPORT IS SUBMITTED.

SUBCONTRACTOR’S CERTIFICATION

SUBCONTRACTOR’S

NAME:

ADDRESS:

1. Bidder has participated in a previous contract or subcontract subject to the Equal Opportunity Clause.

2. Compliance reports were required to be filed in connection with such contract or subcontract.

3. Bidder has filed all compliance reports due under applicable instructions, including SF. 100.

If answer to any item is “No”, please explain in detail below or attach a piece of paper if needed.

Certification – The information above is true and complete to the best of my knowledge and belief.

Subcontractor Signature Date

Section 3 Requirements

I. Assurance Statement

Each applicant, recipient, contractor, and subcontractor on a Section 3 covered project shall sign the attached Section 3 Assurance of Compliance.

II. Affirmative Action Plan for Utilization of Project Area Business

Each applicant, recipient, contractor, and subcontractor preparing to undertake work pursuant to a Section 3 covered contract shall develop and implement an affirmative action plan, which shall:

(a) Set forth the approximate number and dollar value of all contracts proposed to be awarded to all businesses within each category (type or profession) over the duration of the Section 3 covered project.

(b) Analyze the information set forth in paragraph (a) and the availability of eligible business concerns within the project area doing business in professions or occupations identified as needed in paragraph (a) and set forth a goal or target number and estimated dollar amount to be awarded to the eligible businesses and entrepreneurs within each category over the duration of the Section 3 covered project.

(c) Outline the anticipated program to be used to achieve the goals for each business and/or professional category identified. This program should include but not be limited to the following actions:

1. Insertion in bid documents, if any, of the affirmative action plan of the applicant, recipient, contractor, or subcontractor letting the contract; and

2. Identification within the bid documents, if any, of the applicable Section 3 project area.

3. Ensuring that the appropriate business concerns are notified of pending

Contractual opportunities either personally or through locally utilized media. (See attached Section 135.38 Clause).

III. Bidding and Negotiation Requirements

Every applicant and recipient shall require prospective contractors for work in connection with Section 3 covered projects to provide, prior to the signing of the contract, a preliminary statement of work force needs (skilled, semi-skilled, unskilled labor and trainees by category) where known, where not known, such information shall be supplied prior to the signing of any contract between contractors and their subcontractors. Consideration should be given to those contractors who will have training and employment opportunities for project area residents.

When a bidding procedure is used to let the contract, the invitation or Solicitation for bids shall advise prospective contractors of the requirements of these regulations.

Plan for utilization of project area business should be inserted in the bid documents by applicant, recipient and contractors. The recipient must have indicated therein that Section 3 applies to the project and what is expected of them. All contractors who bid a job must show in their bid what they will do to implement Section 3. They must in the bid commit themselves to a goal and show what they intend to do to reach that goal. When the bids are opened, they must be evaluated in terms of the bidders’ responsiveness to Section 3.

A bid which lacks a commitment to Section 3 or which lacks a goal or plan to reach a goal may be judged nonresponsive.

Applicants, recipients and contractors will ensure that the attached Section 3 Clause and Assurance of Compliance are made a part of all contracts.

In implementing its affirmative action plan, each applicant, recipient, contractor, or subcontractor shall make a good faith effort to achieve its goal or target number and estimated dollar amount of contracts to be awarded to the eligible business and entrepreneurs within category over the duration of the Section 3 covered project.

IV. Utilization of Lower Income Residents as Trainees & Employees

Each applicant, recipient, contractor or subcontractor undertaking work in connection with a Section 3 covered project shall make a good faith effort to fill all vacant training and occupational category positions with lower income project area residents.

V. Section 3 Worker Defined Currently meets or when hired met at least one of the following categories as documented within the past five years

• A low or very low-income resident (the worker’s income for the previous or annualized calendar year is below the income limit established by HUD); or

• Employed by a Section 3 business concern; or

• A YouthBuild participant.

VI. Targeted Section 3 Worker Defined

• Employed by a Section 3 business concern or

Currently meets or when hired met at least one of the following categories as documented within the past five years:

• Living within the service area or the neighborhood of the project, as defined in 24 CFR 75.5

§ 135.38 Section 3 Clause

All Section 3 covered contracts shall include the following clause (referred to as the Section 3 clause):

A. The work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u; 42 U.S.C. 3535(d) (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing.

B. The parties to this contract agree to comply with HUD’s regulations in 24 CFR 135 and 24 CFR 75 Subpart A – General Provisions, Subpart C - Additional Provisions for Housing and Community Development Financial Assistance and Subpart D -Provisions for Multiple Funding Sources, Recordkeeping, and Compliance, which implement Section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the 24 CFR 135 and 24 CFR 75 Subpart A, Subpart C and Subpart D.

C. The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers’ representative of the contractor’s commitments under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin.

D. The contractor agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR 135 and 24 CFR 75 Subpart A, Subpart C and Subpart D and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR 135 and 24 CFR 75 Subpart A, Subpart C and Subpart D . The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR 135 and 24 CFR 75 Subpart A, Subpart C and Subpart D .

E. The contractor will certify that any vacant employment positions, including training positions, that are filled

(1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR 135 and 24 CFR 75 Subpart A, Subpart C and Subpart D, require employment opportunities to be directed, were not filled to circumvent the contractor’s obligations under 24 CFR 135 and 24 CFR 75 Subpart A, Subpart C and Subpart D.

F. Noncompliance with HUD’s regulations in 24 CFR 135 and 24 CFR 75 Subpart A, Subpart C and Subpart D may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts.

G. With respect to work performed in connection with Section 3 covered Indian housing assistance, section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this contract that are subject to the provisions of Section 3 and section 7(b) agree to comply with Section 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b).

Bidder’s Initial Section 3 Goals

(REQUIRED FORM – BID SUBMISSION)

1. The Bidder agrees to comply with Section 3 of the Housing and Urban Development Act of 1968.

2. The Bidder agrees to register on the HUD’s Section 3 Opportunity Portal, https://hudapps.hud.gov/OpportunityPortal/ as a Registered Business and certify as a Section 3 Business, if applicable. Bidder will provide documentation of Self Certification submitted and approved via HUD’s Section 3 Opportunity Portal.

3. The Bidder agrees to post any job and/or contracting opportunities for this project the HUD’s Section 3

Opportunity Portal. Bidder will provide proof of posting job and/or contracting opportunities if awarded.

4. The Bidder agrees to utilize the Section 3 Businesses and Workers listed on the HUD’S Section 3 Opportunity portal as a resource for job and/or contracting opportunities for this project.

5. The Bidder agrees to identify Section 3 Workers and Targeted Section 3 Workers , to the greatest extent feasible, by requesting each onsite worker to complete the Section 3 Self-Certification form.

6. The Bidder agrees, to the greatest extent feasible, to allocate at least, 25% of the total labor hours to identified Section 3 workers during the performance of this contract.

7. The Bidder agrees, to the greatest extent feasible, to allocate at least, 5% of the total labor hours to identified Targeted Section 3 workers during the performance of this contract.

I, ______________________________________ (please print), as an Authorized Officer of the Bidder, do hereby acknowledge that we are aware of the requirements under Section 3 of the Housing and Urban Development Act of 1968 and will abide by them. We further agree to abide by this Affirmative Action Plan to the greatest extent feasible and realize that should we be awarded the contract, Broward County Community Development Division will monitor the project to assure compliance with this plan.

Company Name:

Business Address:

Employer Federal ID#

*** Please Note Section 3 Clause ***

Section 3 Estimated Labor Hours and Eligible Jobs Availability Form

Name of Contractor Contract No. Location

Estimated Labor Hours % Of Total Labor Hours

Total Job Labor Hours

Section 3 Worker Labor Hours

Targeted Section 3 Worker Labor Hours

Available Entry Level Jobs Salary Level Maximum Duration of Employment

1.

2.

3.

The undersigned agrees to accept referrals from Workforce One and to interview referrals for the above-designated positions.

(If incorporated sign here)

ATTEST

CONTRACTOR

By Secretary

(CORPORATE SEAL)

(If NOT incorporated sign here)

WITNESSES:

Section 3 Unavailability Certification

I, , (Title) of (Prime Contractor)

Certify that the undersigned does not have any entry-level jobs available. However, should such jobs become available during the project period, the undersigned agrees to accept referrals from Workforce One to interview these referrals for the available positions.

(If incorporated sign here)

ATTEST

Secretary

(CORPORATE SEAL)

(If NOT incorporated sign here)

WITNESSES:

Section 3 Business Concern Certification for Contracting Instructions: Enter the following information and select the criteria that applies to certify your business’ Section 3 Business Concern status.

Business Information

Name of Business

Address of Business

Name of Business Owner

Phone Number of Business Owner

E-mail Address of Business Owner

Type of Business (select from the following options):

☐ Corporation ☐ Partnership ☐ Sole Proprietorship ☐ Joint Venture

Select from ONE of the following four options below that applies:

1. ☐ At least 51 percent of the business is owned and controlled by low- or very low-income persons (refer to income guidelines on Eligibility Guidelines page).

2. ☐ At least 51 percent of the business is owned and controlled by current public housing residents or residents who currently live in Section 8-assisted housing.

3. ☐ Over 75 percent of the labor hours performed for the business over the prior three-month period are performed by Section 3 workers (refer to income guidelines on Eligibility Guidelines page).

**If any of the first three options applies, the business certifies that it has registered on the Section 3 HUD Opportunity Portal at https://hudapps.hud.gov/OpportunityPortal/ as a registered Section 3 Business and has attached the certification with this form***

4. ☐ None of the above apply Business Concern Affirmation

I affirm that the above statements (on the frontside of this form) are true, complete, and correct to the best of my knowledge and belief. I understand that businesses who misrepresent themselves as Section 3 business concerns and report false information to Broward County may have their contracts terminated as default and be barred from ongoing and future considerations for contracting opportunities. I hereby certify, under penalty of law, that the following information is correct to the best of my knowledge.

Print Name:

Signature:

Date:

*Certification expires within six months of date of signature Information regarding Section 3 Business Concerns can be found at 24 CFR 75.5 https://hudapps.hud.gov/OpportunityPortal/

Section 3 Business Concern Certification for Contracting Eligibility Guidelines

The worker’s income must be at or below the amount provided below for an individual (household of 1) regardless of actual household size.

Income Limits Category FY 2026 Income Limits

Very Low Income 50% of median

$44,350

Low Income 80% of median

$71,000

Section 3 Worker Definition:

Currently meets or when hired met at least one of the following categories as documented within the past five years

• A low or very low-income resident (the worker’s income for the previous or annualized calendar year is below the income limit established by HUD); or

Targeted Section 3 Worker Definition:

Currently meets or when hired met at least one of the following categories as documented within the past five years:

FOR ADMINISTRATIVE USE ONLY

Is the business a Section 3 business concern based upon their certification?

☐ YES ☐ NO

The Business provided certification of registering on the Section 3 Opportunity Portal.

☐ YES ☐ NO

EMPLOYERS MUST RETAIN THIS FORM IN THEIR SECTION 3 COMPLIANCE FILE FOR FIVE

YEARS.

Section 3 Worker and Targeted Section 3 Worker Self-Certification

The purpose of HUD’s Section 3 program is to provide employment, training and contracting opportunities to low-income individuals, particularly those who are recipients of government assistance for housing or other public assistance programs. Your response is voluntary, confidential, and has no effect on your employment.

Eligibility for Section 3 Worker or Targeted Section 3 Worker Status A Section 3 worker seeking certification shall self-certify and submit this form to the recipient contractor or subcontractor, that the person is a Section 3 worker or Targeted Section 3 Worker as defined in 24 CFR Part 75.

Instructions: Enter/select the appropriate information to confirm your Section 3 worker or Targeted Section 3 Worker status.

Employee Name:

1. Are you a resident of public housing or a Housing Choice Holder Voucher (Section 8)?

☐ YES ☐ NO

2. Are you a resident of the _______________ [City] Broward County?

☐ YES ☐ NO

3. In the field below, select the amount of individual income you believe you earn on an annual basis.

☐ Less than $10,000 ☐ $30,001 - $40,000 ☐ More than $60,000

☐ $10,001 - $20,000 ☐ $40,001 - $50,000

☐ $20,001 - $30,000 ☐ $50,001 - $60,000

Select from ONE of the following two options below:

4. I qualify as a:

☐ Section 3 Worker (as defined on eligibility guidelines)

☐ Targeted Section 3 Worker (as defined on eligibility guidelines)

Employee Affirmation I affirm that the above statements (on frontside of this form) are true, complete, and correct to the best of my knowledge and belief. I hereby certify, under penalty of law, that the following information is correct to the best of my knowledge.

Employee Address:

Employer’s Name:

Date Hired:

Print Name:

Signature

Date:

Section 3 Worker and Targeted Section 3 Worker Self-Certification Eligibility Guidelines

The worker’s income must be at or below the amount provided below for an individual (household of 1) regardless of actual household size.

Income Limits Category FY 2026 Income Limits

Very Low Income 50% of median

$44,350

Low Income 80% of median

$71,000

Section 3 Worker Definition:

Currently meets or when hired met at least one of the following categories as documented within the past five years

• A low or very low-income resident (the worker’s income for the previous or annualized calendar year is below the income limit established by HUD); or

Targeted Section 3 Worker Definition:

Currently meets or when hired met at least one of the following categories as documented within the past five years:

FOR ADMINISTRATIVE USE ONLY

Is the employee a Section 3 worker based upon their self-certification?

☐ YES ☐ NO

Is the employee a Targeted Section 3 worker based upon their self-certification?

☐ YES ☐ NO

Was this an applicant who was hired as a result of the Section 3 project?

☐ YES ☐ NO

If Yes, what is the name of the Company?

What was the date of hire?

EMPLOYERS MUST RETAIN THIS FORM IN THEIR SECTION 3 COMPLIANCE FILE FOR FIVE

YEARS.

Section 3 Compliance Report

CONTRACTOR:

SUBCONTRACTOR:

(If applicable)

PROJECT NAME:

for the MONTH of ____________, Year __________

This report is required of all contractors/subcontractors having contracts which are funded in whole or in part with Community Development Block Grant funds. This report must be submitted to the Broward County Community Development Division no later than ten (10) days after the end of the reported month.

Please answer the following questions accurately and completely:

1. How many new employees were hired to work on this project during the month? _________

2. Of those hired during the month, how many were residents of the Targeted Section 3 Covered Area – 1 mile radius of project area (Broward County)? __________

3. Did all employees (new and existing) who worked on this project during this month complete the Section 3 Worker / Targeted Worker Self-Certification Form ?

Yes_______ **No_______

**If No, please provide documentation and /or detailed explanation of what efforts were made to capture this information from the employees who worked on this project.

I, ___________________________________ (please print), do hereby certify that the above information is true and correct. I further certify that we have been informed of and understand our responsibilities in utilizing Section 3 Covered Area businesses and residents during performance of our contract.

Signature & Title Date

Florida Statutes

Title XLI - Statute of Frauds, Fraudulent Transfers, And General Assignments Chapter 725 - Unenforceable Contracts

725.06 Construction contracts; limitation on indemnification

(1) Any portion of any agreement or contract for or in connection with, or any guarantee of or in connection with, any construction, alteration, repair, or demolition of a building, structure, appurtenance, or appliance, including moving and excavating associated therewith, between an owner of real property and an architect, engineer, general contractor, subcontractor, sub-subcontractor, or materialman or any combination thereof wherein any party referred to herein promises to indemnify or hold harmless the other party to the agreement, contract, or guarantee for liability for damages to persons or property caused in whole or in part by any act, omission, or default of the indemnitee arising from the contract or its performance, shall be void and unenforceable unless the contract contains a monetary limitation on the extent of the indemnification that bears a reasonable commercial relationship to the contract and is part of the project specifications or bid documents, if any. Notwithstanding the foregoing, the monetary limitation on the extent of the indemnification provided to the owner of real property by any party in privity of contract with such owner shall not be less than $1 million per occurrence, unless otherwise agreed by the parties.

Indemnification provisions in any such agreements, contracts, or guarantees may not require that the indemnitor indemnify the indemnitee for damages to persons or property caused in whole or in part by any act, omission, or default of a party other than:

(a) The indemnitor;

(b) Any of the indemnitor's contractors, subcontractors, sub-subcontractors, materialmen, or agents of any tier or their respective employees; or

(c) The indemnitee or its officers, directors, agents, or employees. However, such indemnification shall not include claims of, or damages resulting from, gross negligence, or willful, wanton or intentional misconduct of the indemnitee or its officers, directors, agents or employees, or for statutory violation or punitive damages except and to the extent the statutory violation or punitive damages are caused by or result from the acts or omissions of the indemnitor or any of the indemnitor's contractors, subcontractors, sub-subcontractors, materialmen, or agents of any tier or their respective employees.

(2) A construction contract for a public agency or in connection with a public agency's project may require a party to that contract to indemnify and hold harmless the other party to the contract, their officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the indemnifying party and persons employed or utilized by the indemnifying party in the performance of the construction contract.

(3) Except as specifically provided in subsection (2), a construction contract for a public agency or in connection with a public agency’s project may not require one party to indemnify, defend, or hold harmless the other party, its employees, officers, directors, or agents from any liability, damage, loss, claim, action, or proceeding, and any such contract provision is void as against public policy of this state.

Notice to Prospective Subcontractors of Requirement for Certification of Nonsegregated Facilities

(a) Certification of Non segregated Facilities, as required by the May 1967, Order of the Secretary of Labor (32

F.R. 7439, May 19, 1967) on Elimination of Segregated Facilities (is included in the proposal and must be submitted prior to the award of a federally assisted Construction Contract exceeding $10,000.00 which is not exempt from the provisions of the Equal Opportunity Clause).

(b) CONTRACTORS receiving subcontract awards exceeding $10,000.00 which are not exempt from the provision of the Equal Opportunity Clause will be required to provide for the forwarding of this notice to prospective subcontractors for supplies and construction contracts where the subcontracts exceed $10,000.00 and are not exempt from the provisions of the Equal Opportunity Clause.

(c) A Certification for regarding Equal Employment Opportunity is also enclosed with the Bid Proposal Form and should be submitted by the CONTRACTOR with the bid, but must be submitted prior to award.

(d) The Notice to Labor Unions on the following page shall be forwarded by the CONTRACTOR in accordance with Paragraph 3 of Nondiscrimination Provisions to be included in Federally Assisted Construction Contracts.

NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENTS FOR CERTIFICATION OF NON-

SEGREGATED FACILITIES

A Certification of Nonsegregated Facilities, as required by the May 9, 1967 Order (32 F.R. 7439 May 19, 1967) on Elimination of Segregated Facilities by the Secretary of Labor must be submitted prior to the award of a subcontract exceeding $10,000.00 which is not exempt from the provisions of the Equal Opportunity Clause.

The Certification may be submitted either for each subcontractor or for all subcontracts during a period (i.e.

quarterly, semiannually, or annually).

NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001.

DATE Signature of Bid (Prospective Contractor)

ADDRESS (including zip code)

Notice to Labor Unions or Other Organizations of Workers Nondiscrimination in Employment

TO:

(Name of Union or Organization of Workers)

The undersigned currently holds contract(s) with

(Name of Applicant)

Involving funds or credit of the U.S. Government of (a) subcontract (s) with prime contractor holding such contract(s).

You are advised that under the provisions of the above contract(s) or subcontract(s) and in accordance with Executive Order 11246, dated September 4, 1965, the undersigned is obligated not to discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. This obligation not to discriminate includes, but is not limited to the following:

HIRING, PLACEMENT, UPGRADING, TRANSFER OR DEMOTION, RECRUITMENT, ADVERTISING OR

SOLICITATION FOR EMPLOYMENT, TRAINING DURING EMPLOYMENT, RATES OF PAY OR OTHER

FORMS OF COMPENSATION, SELECTION FOR TRAINING INCLUDING APPRENTICESHIP, LAYOFF OR

TERMINATION.

This notice is furnished to you pursuant to the provisions of the above contract(s) and Executive Order 11246.

Copies of this notice will be posted by the undersigned in conspicuous places available to employees or applicants for employment.

(Contractor or Subcontractor)

Date

Labor Requirements Applicable to all Prime and Sub-contractors

Grantees must comply with certain regulations on wage and labor standards. In the case of Davis-Bacon and the Contract Work Hours and Safety Standards Acts, every construction (in the case of residential construction, projects with eight or more units) triggers the requirements.

• Davis-Bacon and Related Acts (40 USC 276(a)-7): Ensures that mechanics and laborers employed in construction work under Federally assisted contracts are paid wages and fringe benefits equal to those that prevail in the locality where the work is performed. This act also provides for the withholding of funds to ensure compliance and excludes from wage requirements apprentices enrolled in bona fide apprenticeship programs.

• Contract Work House and Safety Standards Act (CWHSSA), as amended (40 USC §3701 et seq.;

29 CFR Part 5 ): Provides that mechanics and laborers employed on Federally assisted construction jobs are paid time and one-half for work in excess of 40 hours per week, and provides for the payment of liquidated damages where violations occur. This act also addresses safe and health working conditions.

• Copeland (Anti-Kickback) Act (18 USC §874 and 40 USC §3145; 29 CFR Part 3): Governs the deductions from paychecks that are allowable. Makes it a criminal offense to induce anyone employed on a Federally assisted project to relinquish any compensation to which he/she is entitled and requires all contractors to submit weekly payrolls and statements of compliance.

• Fair Labor Standards Act of 1938. As Amended (26 USC 201.et.seq.): Establishes the basic minimum wage for all work and requires the payment of overtime at the rate of at least time and one-half. It also requires the payment of wages for the entire time that an employee is required or permitted to work and establishes child labor standards.

Responsibility of the Prime Contractor

The principal contractor is responsible for the full compliance of all employers (the contractor, subcontractors and any lower-tier subcontractors) with the labor standards provisions applicable to the project.

Administrative Sanctions

Contractors and/or subcontractors that violate the labor standards provisions may face administrative sanctions imposed by HUD and/or the Department of Labor.

29 CFR 1.6 – Use and Effectiveness of Wage Determinations

Section Number: 1.6 Section Name: Use and effectiveness of wage determinations.

(a)

(1) Project wage determinations initially issued shall be effective for 180 calendar days from the date of such determinations. If such a wage determination is not used in the period of its effectiveness it is void.

Accordingly, if it appears that a wage determination may expire between bid opening and contract award (or between initial endorsement under the National Housing Act or the execution of an agreement to enter into a housing assistance payments contract under section 8 of the U.S. Housing Act of 1937, and the start of construction) the agency shall request a new wage determination sufficiently in advance of the bid opening to assure receipt prior thereto. However, when due to unavoidable circumstances a determination expires before award but after bid opening (or before the start of construction, but after initial endorsement under the National Housing Act, or before the start of construction but after the execution of an agreement to enter into a housing assistance payments contract under section 8 of the U.S. Housing Act of 1937), the head of the agency or his or her designee may request the Administrator to extend the expiration date of the wage determination in the bid specifications instead of issuing a new wage determination. Such request shall be supported by a written finding, which shall include a brief statement of the factual support, that the extension of the expiration date of the determination is necessary and proper in the public interest to prevent injustice or undue hardship or to avoid serious impairment in the conduct of Government business. The Administrator will either grant or deny the request for an extension after consideration of all of the circumstances, including an examination to determine if the previously issued rates remain prevailing. If the request for extension is denied, the Administrator will proceed to issue a new wage determination for the project.

(2) General wage determinations issued pursuant to § 1.5(a), notice of which is published on WDOL, shall contain no expiration date.

(b) Contracting agencies are responsible for insuring that only the appropriate wage determination(s) are incorporated in bid solicitations and contract specifications and for designating specifically the work to which such wage determinations will apply. Any question regarding application of wage rate schedules shall be referred to the Administrator, who shall give foremost consideration to area practice in resolving the question.

(c)

(1) Project and general wage determinations may be modified from time to time to keep them current. A modification may specify only the items being changed, or may be in the form of a supersedeas wage determination, which replaces the entire wage determination. Such actions are distinguished from a determination by the Administrator under paragraphs (d), (e) and (f) of this section that an erroneous wage determination has been issued or that the wrong wage determination or wage rate schedule has been utilized by the agency.

(2)

(i) All actions modifying a project wage determination received by the agency before contract award (or the start of construction where there is no contract award) shall be effective except as follows:

(A) In the case of contracts entered into pursuant to competitive bidding procedures, modifications received by the agency less than 10 days before the opening of bids shall be effective unless the agency finds that there is not a reasonable time still available before bid opening, to notify bidders of the modification and a report of the finding is inserted in the contract file. A copy of such report shall be made available to the Administrator upon request. No such report shall be required if the modification is received after bid opening.

(B) In the case of projects assisted under the National Housing Act, modifications shall be effective if received prior to the beginning of construction or the date the mortgage is initially endorsed, whichever occurs first.

(C) In the case of projects to receive…