HomeMy WebLinkAboutContracts & Agreements_24-1991_CCv0001.pdf Agr
ECD MINUTES OF THE BOARD OF SUPERVISORS
Inc Cities OF SAN BERNARDINO COUNTY, CALIFORNIA
AUGUST 5, 1991
FROM: THOMAS R. LAURIN, Director
Department of Economic and Community Development
SUBJECT1991-94 COMMUNITY DEVELOPMENT BLOCK GRANT
CITY-COUNTY DELEGATE AGENCY AGREEMENTS
RECOMMENDATION: Approve Community Development Block Grant (CDBG)
City-County Delegate Agency Agreements for fiscal years 1991 through
1994, between the County and each of the following fifteen Cooperating
Cities:
CITY AGREEMENT NO. CITY AGREEMENT NO.
Adelanto 91-745 Loma Linda 91-753
fipple Valley 91-746 Montclair 91-754
01jr-Istow 91-747 Needles 91-755
Big Bear Lake 91-748 Redlands 91-756
Colton 91-749 Rialto 91-757
Grand Terrace 91-750 Twentynine Palms 91-758
Hesperia 91-751 Yucaipa 91-759
Highland 91-752
BACKGROUND INFORMATION: On August 13, 1990, the County executed a
Cooperation Agreement with each of the above fifteen cities for joint
participation in the County's CDBG Program for program years 1991 through
1994. This qualified the County, under federal statutes and regulations,
as an "Urban County" eligible to receive annual CDBG entitlement funds
from the federal government over the next three years. In order to set
forth detailed arrangements for the implementation of the City projects
funded under the CDBG program, it is necessary to enter into an additional
set of agreements with the Cooperating Cities. Under these agreements
the cities are established as "Delegate Agencies" of the County, to carry
out CDBG activities within their jurisdictions under the direction of
the County Department of Economic and Community Development.
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Rev.10151
1991-94 COMMUNITY DEVELOPMENT BLOCK GRANT
CITY-COUNTY DELEGATE AGENCY AGREEMENTS
AUGUST 5, 1991
PAGE 2 OF 2
REASON FOR RECOMMENDATION: Approval of agreements by the Board of
Supervisors is required. The Delegate Agency Agreements and their
attachments form implementation manuals which specify procedures,
sequences, responsibilities, and forms to be used to carry out CDBG
activities according to local , state, and federal requirements.
REVIEW BY OTHERS. These agreements were approved by the City Councils
of the fifteen Cooperating Cities; County Counsel (Paul St. John); and
Risk Management (Kathy Brill ).
FINANCIAL DATA: Approval of these agreements will not affect the County
General Fund.
PRESENTER. Thomas R. Laurin, Director, Ext. 4594.
FOR COUNTY USE ONLY
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Project Name
1991-94 CDBG Ca.t /County
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CONTRACTOR
Birth DatelA Federal ID No, or Social Security No- N A
Contractor's Representative Mr. Jeffrey L. Shaw-,_ CommuqnaLty Eev�qlopmer�t Director
Address P.O. Box 3005, Redlands CA9_2373 Phone 714-798-7555
Nature of Contract: (Briefly describe the general terms of the contract)
In compliance with requirements of Title I of the Housing and Community
Development Act of 1974 as amended, the County consummated Cooperation
Agreements with sixteen incorporated cities to qualify as an "urban
county" through mutual cooperation to undertake or assist in undertaking
essential community development and housing activities. This was
accomplished on August 13, 1990, when said Agreements were executed for
joint participation in the CDBG program for Program Years 1991 through
1994.
Pursuant to Section 11 of the Cooperation Agreements, the Delegate Agency
Agreements and their attachments are set forth to further implement the
provisions.,of the Cooperation Agreements. They specify the procedures,
sequences, r4esponsibil.ities and forms to be used I to carry out CDBG
activities according to local, state and federal, requirements. The
Delegate Agency Agreements are specifically subordinate and supplementary
to and concurrea-t with the Cooperation Agreeements.
fAttach this transmittal to all contracts not prepared on the "Standard Contract- form.)
Approve s to Legal Farm I Reviewed as to Affitmative Action Reviewed for Processing
Agency Administrator/CAO
Coun
t Couns
Date Date ADate-
02-12294-000 Rev. 11190
COMMUNITY DEVELOPMENT BLOCK GRANT
CITY-COUNTY DELEGATE AGENCY AGREEMENT
For Fiscal Years 1991-92, 1992-93, 1993-94
This Agreement is made and entered into this day of
19 _, by and between the COUNTY OF SAN BERNARDINO hereinafter referred to as
"COUNTY", and the CITY OF RED D , a municipal corporation and a political
subdivision of the State of California located within the boundaries of San
Bernardino County, hereinafter referred to as "CITY".
WITNESSETH
WHEREAS, COUNTY has been designated an "urban county" by the United States
Department of Housing and Urban Development, hereinafter referred to as "HUD", as
that term is defined in Title I of the Housing and Community Development Act of 1974
as amended, hereinafter referred to as "ACT", and accordingly, COUNTY will administer
a Community Development Block Grant (CDBG) program which includes the development of
a Final Statement of Community Development Objectives and Projected Use of Funds,
hereinafter referred to as "COMMUNITY DEVELOPMENT PLAN" , which constitutes COUNTY's
application for Federal assistance under said ACT; and,
WHEREAS, CITY and COUNTY have entered into a "Cooperation Agreement for
Community Development Block Grant Funds" , as part of COUNTY's CDBG Program, covering
Fiscal Years 1991-94, to which this is a subordinate and supplementary agreement per
Section 11 (Other Agreements) of said Cooperation Agreement executed by these
parties, dated August 13, 1990; and,
WHEREAS, COUNTY administers a CDBG program in cooperation with sixteen cities,
and in the unincorporated areas of San Bernardino County, through County Department
of Economic and Community Development, hereinafter referred to as "ECD"; and,
WHEREAS, CITY has the ability to manage and administer CDBG projects; and,
WHEREAS, CITY chooses to assume the responsibility of project implementation
within its corporate limits in cooperation with COUNTY; and,
WHEREAS, both COUNTY and CITY seek to coordinate their efforts to maximize
utilization of personnel and resources and increase efficiency and economies in the
planning and administration of the program hereinafter set forth;
NOW, THEREFORE, it is understood and agreed by and between the parties hereto
as follows:
1. PURPOSE. This Agreement is made pursuant to the provisions of Article 1,
Chapter 5, Division 7, Title I of the Government Code of the State of
California (commencing with Section 6500) , relating to public agencies. The
purpose of this Agreement is to implement the provisions of the Cooperation
Agreement in carrying out CDBG activities which have been approved by COUNTY
for CITY in accordance with the COMMUNITY DEVELOPMENT PLAN. The purpose will
be accomplished pursuant to the requirements of the ACT, its regulations and
other Federal, State and County laws and policies in the manner hereinafter
set forth.
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2. EFFECTIVE PERIOD. This Agreement shall become effective beginning July 1,
1991 and shall continue in full force and effect through June 30, 1994.
COUNTY may grant an extension of up to six (6) months of the effective period
of this Agreement for the purpose of completing CITY's projects/activities
which are underway and cannot be completed during the term of this Agreement.
CITY must request any such extension in writing. Any extension will only be
effective if granted in writing by COUNTY. Maintenance and operation and
monitoring requirements for facilities developed under the terms of the
Agreement shall be in effect and continue in full force as prescribed in
Section 9.
3. AUTHORIZATION OF PROJECTIACTIVITY. CITY shall not initiate nor incur expenses
for any CDBG funded project or activity covered under the terms of this
Agreement prior to receiving written authorization from COUNTY. Written
authorization will be accomplished when Attachments A (Request to Initiate
Project or Activity) and B (Project or Activity Description) of this Agreement
have been completed for a CDBG funded project or activity and signed by CITY
and countersigned by ECD. Any such authorized Project or Activity shall
hereinafter be referred to as an AUTHORIZED PROJECT.
4. IMPLE14ENTATION OF AUTHORIZED PROJECT. CITY agrees to implement AUTHORIZED
PROJECTS in the manner prescribed in the Delegate Agency Coordination
Procedures (Attachment C) , using the forms and language contained in the
(Attachment D) , and agrees to comply with all applicable local, county, State
and Federal regulations associated with the implementation of CDBG projects.
CITY may contract for all necessary services to complete AUTHORIZED PROJECTS
described 'on its executed Attachment's A and B provided that contracts are
submitted to and approved in writing by ECD prior to their execution. CITY
Attorney is responsible for assuring and certifying that the AUTHORIZED
PROJECT undertaken by the CITY's contracting party complies with all
applicable regulations and statutes, as amended, listed in Attachment C
Section IV.
5. MODIFICATION OF AUTHORIZED PROJECTS. CITY may request modification(s) to CDBG
funding levels authorized by Attachment A or the pertinent Project Description
(i.e. Scope of Activity) authorized by Attachment B. Upon receipt of a
written request from CITY, and approval by COUNTY, COUNTY will revise
Attachments A and B.
6. COMMUNITY DEVELOPMENT PLAN AMENDMENT. Requests by CITY to add, delete or
substantially modify an activity listed in the COMMUNITY DEVELOPMENT PLAN must
be made in writing to COUNTY. Requests to add new activity(ies) must be
accompanied by a CDBG project proposal application.
Substantial modifications are defined as follows: 1) a net increase of
greater than 100% of the activity allocation listed in a published Final
Statement; or 2) a net increase or decrease in the activity allocation greater
than $50,000; or 3) a change in the type of activity; or 4) a change in the
location of the activity; or 5) a change in the beneficiaries of the activity.
The Final Statement shall be amended when an activity is added or deleted.
The "unprogrammed funds" activity is not subject to the allocation limitations
defined herein.
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Requests for additions and substantial modifications will be reviewed by
COUNTY for eligibility and compatibility with the COMMUNITY DEVELOPMENT PLAN.
Additions, deletions and substantial modifications must be approved by CITY
Council action and supportive documentation for said action must be sent to
COUNTY. CITY shall comply with the requirements of and participate in the
implementation of the citizen participation portion of the COMMUNITY
DEVELOPMENT PLAN.
7. CO RESPONSIBILITIES. COUNTY, through ECD, is empowered to enforce all
Federal regulations pertaining to CDBG funded projects undertaken by CITY
under this Agreement. CITY recognizes that COUNTY, as the formal grantee of
the CDBG, has full responsibility and obligations to HUD for undertaking the
CDBG Program and has full authority in administering and allocating funds.
CITY will have no direct responsibilities or obligations to HUD, except as
identified, under this Agreement. COUNTY shall provide technical assistance
to CITY in a timely and expeditious manner upon written request to the
Director of ECD.
8. CONFORMANCE TO COUNTY PROCEDURES. Under this Agreement, CITY elects to be
responsible for carrying out CDBG projects. However, in implementing said
projects, CITY must perform all services and activities in accordance with
Federal and State statutory requirements and with the policies and procedures
established by the Board of Supervisors, and shall comply with the following:
A. COMMUNITY DEVELOPMENT ADMINISTRATOR. Upon COUNTY and CITY's mutual
assent to this Agreement, CITY will designate a "Community Development
Administrator" by filling in the name of said person in the space
provided below. The Community Development Administrator is the
responsible authority for all correspondence with COUNTY, the signatory
on AUTHORIZED PROJECT Attachments A and B and shall advise the CITY
council, CITY administration and CITY staff, as appropriate regarding
the CDBG program. CITY may, by written notification as set forth below,
change the Community Development Administrator.
CITY's Community Development Administrator for this Agreement is
TITLE:
B. FISCAL CONTACT PERSON. For purposes of this Agreement, CITY shall' also
designate a fiscal contact person by filling in the space provided
below. The fiscal contact person shall be responsible for billing, and
fiscal procedures regarding the CDBG Program and will serve as the
primary contact for technical fiscal matters. CITY may, by written
notification as set forth below, change the fiscal contact person.
CITY's Fiscal Contact person for this Agreement is
d
TITLE: #
6
C. CITY shall be responsible for maintaining complete and separate fiscal
accounts for CDBG funds which come under its control in such manner as
to permit the reports required by COUNTY to be prepared therefrom and to
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permit the tracing of CDBG funds to their final expenditure. CITY will
submit to ECD complete and detailed project descriptions, budgets, and
expenses for each project that CITY implements with CDBG funds along
with monthly reports of grant expenditures.
9. MAINTENANCE AND OPERATION OF FACILITIES. CITY shall provide maintenance and
operation for the life of any and all facilities constructed with CDBG funds
under this Agreement, for the life of the facility, not less than (20) twenty
years.
10. FUNDING LIMITS. CDBG funding of AUTHORIZED PROJECTS is limited to the amount
allocated by CITY in AUTHORIZED PROJECT'S Attachment A.
11. DISBURSEMENT OF FUNDS. All CDBG funds allocated to CITY'S AUTHORIZED
PROJECT(S) shall be received from the Federal Government by COUNTY under ACT.
ECD will disburse the funds to CITY on a cost reimbursement basis. Billing
shall be accompanied by all pertinent source documentation to be' presented to
ECD by CITY on or about the first day of each month, allowing 15 days for
payment on the part of ECD. COUNTY shall be entitled to retain from such
funds such amount as is calculated as the direct costs (including, but not
limited to, salaries, benefits, mileage, actual cost of materials, meals and
other authorized expenses allowable under the Travel Code Section 13.0638
County of San Bernardino) incurred by COUNTY in implementing CITY's AUTHORIZED
PROJECTS.
12. WIT OILING OF FUNDS. COUNTY shall retain the right to withhold funds for any
programs carried out by CITY, CITY's Contractor, or CITY's subcontractor upon
giving written notice to CITY indicating that COUNTY has determined that CITY
has not performed its obligations as stated in this Agreement in a
satisfactory or timely manner consistent with Federal regulations or policy.
COUNTY shall notify CITY in writing of this determination, specifying the
objection(s) to CITY's performance. CITY shall then have a maximum of 10 days
in which to remedy said deficiencies. Should approval of COUNTY not be
obtained within said period, COUNTY shall have full authority to reallocate
CITY's CDBG program funding to other eligible activities which can be
implemented or to assume sole responsibility for carrying out any and/or all
AUTHORIZED PROJECTS, upon written notice to CITY. Upon such notice, CITY
agrees to cease all activity provided hereunder, as specified in said notice.
13. PROD RAM INCOME. Program income represents net income directly generated from
the use of CDBG funds by CITY as a result of the activity funded under the
terms of this Agreement. When such income is generated by an activity only
partially assisted with CDBG funds, the income shall be prorated to reflect
the percentage of CDBG funds used. CITY shall retain the use of program
income by returning program income to COUNTY and requesting project budget
increases for activities authorized under this Agreement. Program income
shall be returned to COUNTY within thirty (30) days after: a) disposition or
sale of real or personal property occurs or; b) cumulative program income
reaches increments of one thousand dollars ($1,000) ; or c) the end of each
fiscal year. CITY shall include the reports required by Section 15, Program
Reporting, all sources and amounts of program income on a monthly and year-to-
date basis.
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Program income, returned by COUNTY to CITY shall be spent by CITY on only those
costs authorized under this Agreement. All provisions of this Agreement shall
apply to said use of program income funds. CITY shall account for the receipt
and use of program income in such a way that program income is spent on
AUTHORIZED PROJECTS before additional CDBG funds are spent.
Any program income on-hand when this Agreement expires or is received after
such expiration, shall be paid to COUNTY.
14. PROGRAM REPORTING. CITY agrees to prepare and submit financial, program
progress, evaluations, and other reports as required by HUD or COUNTY
directives. CITY shall maintain such property, personnel, financial and other
records and accounts as are considered necessary by HUD or COUNTY to assure
proper accounting, for all AUTHORIZED PROJECT funds. All CITY records, with
the exception of confidential client information, shall be made available to
representatives of COUNTY and the appropriate Federal agencies. CITY is
required to submit data necessary to complete the Annual Grantee Performance
Report in accordance with HUD regulations in the format and at the time
designated by COUNTY Director of ECD or his designee. By the first of each
month, CITY shall submit to ECD, a monthly status report . on all active
AUTHORIZED PROJECTS(S) and if applicable, program income generating activities
(see Attachment D-3) .
15. MONITORING. ECD Director or his designee will conduct periodic monitoring of
CITY administration of AUTHORIZED PROJECTS. Monitoring will focus on the
extent to which the COMMUNITY DEVELOPMENT PLAN has been implemented and
measurable goals achieved, effectiveness of project management, and impact of
the AUTHORIZED PROJECTS. Authorized representatives of COUNTY and HUD shall
have the right of access to all activities and facilities operated by CITY
under this Agreement. Facilities include all files, records, and other
documents related to the performance of this Agreement. CITY will permit on-
site inspection by COUNTY, and HUD representatives, and insure that its
employees furnish such information, as in the judgement of COUNTY and HUD
representatives, may be relevant to a question of compliance with contractual
conditions and HUD directives, or the effectiveness, legality, and
achievements of the program.
16. ACCOUNTING. CITY must establish and maintain on a current basis an adequate
accrual accounting system in accordance with generally accepted accounting
principles and standards.
17. AUDITS. CITY is required to arrange for an independent financial and
compliance audit annually for each fiscal year during which Federal funds are
received under this Agreement as required by Circular A-128 pursuant to the
Single Audit Act of 1984, Public Law 98-502. The results of the single audit
must be submitted to COUNTY within thirty (30) days of completion. Within
thirty (30) days of the submittal of said audit report, CITY shall provide a
written response to all conditions or findings reported in said audit report.
The response must examine each condition or finding and explain a proposed
resolution, including a schedule for correcting any deficiency. All condition
or finding correction actions shall take place within six (6) months after
ECD's receipt of the audit report. An audit may also be conducted by Federal,
State or local funding source agencies as part of the COU 's audit
responsibilities. COUNTY and its authorized representatives shall, at .ail
times, have access for the purpose of audit or inspection to any and all
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books, documents, papers, records, property, and premises of CITY. CITY's
staff will cooperate fully with authorized auditors when they conduct audits
and examinations of CITY's program. If indications of misappropriation or
misapplication of the funds of this Agreement cause COUNTY to require a
special audit, the cost of the audit will be encumbered and deducted from
funds allocated to CITY CDBG AUTHORIZED PROJECTS. Should COUNTY subsequently
determine that the special audit was not warranted, the amount encumbered will
be restored to said CDBG AUTHORIZED PROJECT allocations. Should the special
audit- confirm misappropriation or misapplication of funds, CITY shall
reimburse COUNTY the amount of misappropriation or misapplication from non-
CDBG funding sources.
18. REVERSION.OF ASSETS. Upon Agreement termination CITY shall transfer to COUNTY
all CDBG funds on-hand at the time of expiration and any accounts receivable
attributable to the use of CDBG funds.
All real property acquired or improved in whole or in part with CDBG funds in
excess of $25,000 under this Agreement must continue in the use that provides
the service benefits and national objectives for which it was funded until
five years after expiration of this Agreement, or such longer period of time
as determined by COUNTY; or it must be disposed of in a manner resulting in a
reimbursement to COUNTY in the amount of the current fair market value of the
property less any portion thereof attributable to expenditures of non-CDBG
funds for the acquisition of, or improvement to, the property.
19. TERMINATION AND TERMINATION COSTS. This Agreement may be terminated in whole
or in part at-any time by either party upon giving their (30) days notice in
writing to the other party. An agreement must be reached by both parties as
to reasons and conditions for termination in compliance with the provisions of
Federal Regulations at 24 CFR Part 85.44, Termination for Convenience. COUNTY
ECD is hereby empowered to give said notice subject to ratification by the
COUNTY Board of Supervisors.
COUNTY may immediately terminate this Agreement upon the termination,
suspension, discontinuation or substantial reduction in HUD CDBG funding for
the Agreement activity or if for any reason the timely completion of the work
under this Agreement is rendered improbable, infeasible or impossible. If
CITY materially fails to comply with any term of this Agreement, COUNTY may
take one or more of the actions provided under the Federal Regulation at 24
CFR Part 85.43, Enforcement, which include temporarily withholding cash,
disallowing non-compliant costs, wholly or partly terminating the award,
withholding future awards, and other remedies that are legally available. In
such event, CITY shall be compensated for all services rendered and all
necessarily incurred costs performed in good faith in accordance with the
terms of this Agreement that have been previously reimbursed, to the date of
said termination to the extent that CDBG funds are available from HUD.
20. PROJECT ACKNO—WLEPLGEMENT. Should CITY determine that the funding sources or
the names of responsible public officials be displayed on a completed building
or significant project, such identification should be acknowledged on a
plaque, permanently mounted in an appropriate location, made of bronze or
other appropriate material, acknowledging the funding source as the Department
of Housing and Urban Development, San Bernardino County Community Development
Block Grant. The current Board of Supervisors and the members of the City
Council shall also be identified. In instances where multiple funding sources
6
are utilized to construct a project, all funding sources shall be identified.
The listing order of multiple funding sources identified on the plaque shall
be the largest dollar amount first, the second largest dollar amount second,
etc.
21. CO CT COMPLIANCE. CITY will take all necessary affirmative steps to assure
that minority firms, women's business enterprises, and labor surplus area
firms are used when possible in compliance with provisions of Title 24 Code of
Federal Regulations Part 85.36(e) . CITY agrees that the San Bernardino County
Minority and Women Owned Business Enterprise Participation form (Attachment E)
shall be completed for all AUTHORIZED PROJECTS.
San Bernardino County has a goal of 15 percent minority business enterprise
(MBE) and 5 percent women business enterprise (WBE) participation for all
contracts. CITY agrees to comply with the provisions of the Affirmative
Action Compliance Program of the County of San Bernardino and rules and
regulations adopted pursuant thereto. CITY shall comply with Executive Orders
11246, 11375, 11625, 12138, 12432, 12250, Title VII of the Civil Rights Act of
1964, the California Fair Employment Practice Act, California Public Contracts
Code 2000 and the San Bernardino County M/WBE Policy No. 11-15, and other
applicable Federal, State and County laws, regulations and policies relating
to equal employment and contracting opportunities, including laws and
regulations hereafter enacted. Information on these rules and regulations may
be obtained from the Contract Compliance Officer of the County of San
Bernardino at (714) 387-8894.
22, AFFIRMATIVE ACTION. CITY shall make every effort to ensure that all projects
funded wholly or in part by CDBG funds shall provide equal employment and
career advancement opportunities for minorities and women. In addition, CITY
shall make every effort to employ residents of the area and shall keep a
record of CITY staff positions that have been funded directly by or as a
result of this program.
23. DISCRIMINATION. During the performance of this Agreement, CITY agrees not to
discriminate against any contractor or applicant for employment in performing
work because of race, color, religion, sex or national origin. CITY further
agrees to take affirmative action to ensure that its contractors employ and
treat all employees during employment without regard to their race, color,
religion, sex or national origin. Such action shall include, but not be
limited to, the following: employment, upgrading, demotion or transfer,
recruitment or recruitment advertising, lay off or termination, etc. CITY
will cause contractor to comply with the provisions of Executive Order 11246
of September 24, 1965, and the rules, regulations, and relevant orders of the
Secretary of Labor. CITY shall require its contractor to post in conspicuous
places, available to employees and applicants for employment, notices setting
forth the provisions of this nondiscrimination clause.
24. STANDARDS OF CONDUCT. Pursuant to Office of Management and Budget Circular A-
110 Attachment 0 and 24 CFR 570.611, Conflict of Interest, and 24 CFR Part
85.36, Procurement, CITY shall maintain a written code or standards of conduct
which shall govern the performance of their officers, employees or agents
engaged in the award and administration of contracts supported by Federal
funds. No employee, officer or agent of the CITY shall participate in
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selection, award, or administration of a contract supported by Federal funds
if a conflict of interest, real or apparent, would be involved. Such a
conflict would arise when:
a. The employee, officer or agent;
b. Any member of his immediate family;
C. His or her partner; or
d. An organization which employs, or is about to employ, any of the
above, has financial or other interest in the firm selected for
award.
The CITY's officers, employees or agents shall neither solicit nor accept
gratuities, favors or anything of monetary value from contractors, potential
contractors, or parties to subagreements.
CITY may set minimum rules where the financial interest is not substantial or
the gift is an unsolicited item of nominal intrinsic value.
To the extent permitted by State or local law or regulations, such standards
of conduct shall provide for penalties, sanctions, or other disciplinary
actions for violations of such standards by the CITY's officers, employees, or
agents, or by contractors or their agents.
25. RELIQ10US PROSELYTIZING OR POLITICAL ACTIVITIES. CITY agrees that it will not
perform or permit any religious proselytizing or political activities in
connection with the performance of this Agreement. Funds under this Agreement
will be used exclusively for performance of the work required under this
Agreement and no funds made available under this Agreement shall be used to
promote any religious or political activities.
26. HOLD HARMLESS. CITY shall indemnify and hold the COUNTY, its officers,
agents, volunteers and employees, harmless from and against any loss,
liability, claim, or damage that may arise or result from activities of CITY,
its officers, agents, volunteers and employees; and, CITY shall, at its own
cost, expense and risk, defend any legal proceedings that may be brought
against COUNTY, its officers, agents and employees, on any liability, claim or
demand and, satisfy and judgement that may be rendered against any of them
arising or resulting from activities of CITY, its officers, agents and
employees. CITY shall assume liability for all and any direct expense
incurred in providing services pursuant to this Agreement and shall assume any
and all responsibilities for loss or damage resulting from negligence, injury,
illness or disease arising out of the provision of services. CITY, however,
is obligated to promptly notify COUNTY in writing of the occurrence of any
such loss or damage.
CITY shall indemnify and hold harmless COUNTY against any liability, claims,
losses, demands, and actions incurred by COUNTY as a result of the
determination by the United States Department of Housing and Urban Development
or its successor that activities undertaken by CITY under the program or
programs fail to comply with any laws, regulations or policies applicable
thereto or that any funds billed by and disbursed to CITY under this Agreement
were improperly expended.
Consistent with all other provisions of this Agreement, COUNTY shall, at its
own cost and expense, defend, indemnify, and hold the CITY, its officers,
agents, volunteers and employees, harmless from and against any loss,
liability, claim, or damage that may arise or result from activities by
COUNTY, its officers, agents and employees.
27. INDEMIFICATION AND INSURANCE. In order to accomplish the indemnification
provision of Section 26, Hold Harmless, but without limiting the
indemnification, contractor(s) and sub-contractor(s) obtained by CITY for
activities covered under the terms of this Agreement, shall secure and
maintain throughout the term of their contract with CITY, the following types
of insurance with limits as shown:
Workers' Compensation - A program of workers' compensation insurance or
a State-approved Self Insurance Program in an amount and form to meet
all applicable requirements of the Labor Code of the State of
California, including Employer's Liability with $250,000 limits,
covering all persons providing services on behalf of the Contractor and
all risks to such persons under this Agreement.
Comprehensive General and Automobile Liability Insurance - this coverage
to include contractual coverage and automobile liability coverage for
owned, hired, and non-owned vehicles. The policy shall have combined
single limits for bodily injury and property damage of not less than one
million dollars ($1,000,000) .
The contractor shall furnish certificates of insurance and certified copies of
all policies and endorsements to CITY and ECD evidencing the insurance
coverage above required prior to the commencement of performance of services,
which certificates shall provide that such insurance shall not be terminated
or expire without thirty (30) days written notice to the CITY and ECD, and
shall maintain such insurance from the time contractor commences performance
of services hereunder until the completion of such services- In the event of
any damage or destruction to facilities funded in whole or in part by CDBG
funds, CITY shall use the entire insurance proceeds to restore said
facilities.
All policies with respect to the insurance coverage required above, except for
Workers' Compensation insurance coverage, shall contain additional
endorsements naming COUNTY, and their employees, agents, volunteers and
officers as additional named insured with respect to liabilities arising out
of the performance of services hereunder.
The Contractor shall require the carriers of the above required coverages to
waive all rights of subrogation against ECD and COUNTY, their officers,
volunteers, employees, contractors and subcontractors.
All policies required above are to be primary and non-contributing with any
insurance or self-insurance programs carried or administered by the CITY or
COUNTY.
28. ATTORNEY'S FEES. If any action at law or in equity is brought to enforce or
interpret the provisions of this Agreement, the prevailing party will be
entitled to reasonable attorney's fees in addition to any other relief to
which it may be entitled.
9
29. AMEND14ENTS: VARIATIONS
This writing with attachments, embodies the whole of this Agreement of the
parties hereto. There are no oral agreements not contained herein. Except as
herein provided, additional or variation of the terms of this Agreement shall
not be valid unless made in the form of a written amendment to this Agreement
formally approved and executed by both parties. Failure by any party to
enforce any provision(s) of this Agreement shall not be construed as a waiver
of the right to compel enforcement of such provision(s) thereafter.
10
` Mti
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as
of the day and year first written above.
"COUNTY" "CITY"
COUNTY OF SAN BERNARDINO CITY OF RED ITS
BY: 4, V� BY
CHAT BO OF SUPERVISORS
TITLE: {
DATED: AUG 5 DATED: !
SIGNED AND CERT I � TAT A COPY BY�
OF THIS DO � � d
SLIVEREDTO THE CHA �9 TI � �� MA�'C?R
EAR� DATED: June 18, 1991
Clift o of Supe.rvisors
of t;QA* CR S' n Bei na, dino
s
BY
Deputj
APPROVED AS TO FORM APPROVED AS TO FORM
ALAN K. DARKS, OFFICE OF CITY ATTORNEY
COUNTY COUNSEL
f.w.. �l/
BY: 'A- BY:
JAA
Deputy Ca y ounsel
DATED: 11991 DATED:
RECOMMENDED AS TO CONTENT RECOMMENDED AS TO CONTENT
see above
County Administrative Officer City Manager
DATED: DATED:
AC S/DLACNCY.MER
5/16/ 1/BT/ j
ll
� ^
. .
ATTACHMENT A - REQUEST TO INITIATE PROJECTACTIVITY
PROJECT NUMBER: DATE OF ORIGINAL ISSUE:
CASE NUMBER: ORIGINAL: REVISION #:
TARGET AREA: DATE OF REVISION:
Pursuant to the terms of the Delegate Agency Agreement between the County of San Bernardino,
for the Department of Economic and Community Development (ECD) administered Community De-
velopment Block Grant /CDBG\ program, and the CITY OF
dated , ECD hereby requests that the following project/activity be initiated.
There in Project/Activity Title, Activity Budget (Attachment A\ or in the
Activity Description (Attachment B) without written approval Of the Director of the ECD.
PROJECT/ACTIVITY TITLE:
ACTIVITY LOCATION: TOTAL PROJECT FUNDING:
CITY CDBG ALLOCATION
RELEASED:
CITY CD8G FUNDS EXPENDED
DATE OF RELEASE OF FUNDS: AS OF:
BALANCE OF FUNDS AVAILABLE:
SCHEDULE OF CITY CDBG ALLOCATION:
Years 1-73 Year 14 Year 15 Year lG Year 77 Year 78 Year 19 TOTAL OF
19 YEARS
MAINTENANCE AND OPERATION BUDGET/AGREEMENT:
OTHER PERT TNENT INFORMATION:
ACCEPTANCE OF REQUEST TO INITIATE PROJECT/ACTIVITY
I hereby acknowledge the receipt of the Request to Initiate the above Project/Activity and
agree to implement the activity described in Attachment B (Project/Activity Description) in
accordance with the above Allocation and Balance of Funds Available subject to necessary
approvals of the Board of Supervisors. The proposed budget for this project is as follows:
LAND ACQUISITION: $ PURCHASE FE
STAFF COST RELATED CONSTRUCTION COST:
TO LAND ACQUISITION: $ CITY STAFF COST:
DESIGN: CONTINGENCY:
CONSULTANT SERVICES:
TOTAL CITY CBRG ALLOCATION RELEASED:
IMPLEMENTING CT TY: DATE:
5IGNATURE� TITLE:
COUNTY OF SAN BERNAKDI0O
" DIRECTOR DATE�
DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT/
EINV IR0NMEN,TAL MA0AGEMENT GROUP
I/91-ADM24/058, �
ATTACHMENT B - PROJECT/ACTIVITY DESCRIPTION
PROJECT NUMBER: DATE OF ORIGINAL ISSUE:
CASE NUMBER: ORIGINAL: REVISION :
TARGET AREA: DATE OF REVISION:
PROJECT/ACTIVITY TITLE:
ACTIVITY LOCATION:
ACTIVITY DESCRIPTION:
IMPLEMENTING ENTITY:
SIGNATURE
D TE TITLE
ENI}V T R`N ENITA L KANAGE ?ENT GROUP
DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT
DIRECTOR SATE
1/91
ADM24/OS9
Attachment C
DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT
DELEGATE AGENCY
COORDINATION PROCEDURES
I. Introduction
The following procedures identify the actions, responsibilities, and sequence
of events for CDBC funded projects being implemented by a coordinated effort
between the San Bernardino County Department of Economic and Community
Development, hereinafter referred to as "ECD," and the Delegate Agency,
hereinafter referred to as "DA". For each action or event listed in Section
III of this attachment, the entity responsible for carrying out that action or
event is referenced beside it. Section IV contains regulations and statutes
applicable to CDBG funded activities.
Authorization to Proceed
The Delegate Agency is not authorized to expend funds nor to initiate CUBO
projects until authorized to do so in writing by ECD. Continued authorization
is contingent upon adequate progress and timet submission of Monthly Project
Status Reports covering all current AUTHORIZED PROJECTS. See Attachment "D"
for blank Monthly Status Report form. Contract procurement shall be governed
by all Federal regulations and statutes, as amended, listed in Section IV of
the Attachment. ECD payments of DA Requests for Reimbursement will be subject
to DA submittal of a complete reimbursement report package as listed in
Section III, D-22.
A. Project/Activity Budget
Each project activity is initiated by an Attachment "A". The Attachment
"A" is released when the project/activity is ready to be implemented and
subsequent to environmental clearance and release of funds from HUD. It
specifies the total funding allocation for the project/activity, the
portions currently released and available to expend, the budget
categories the allocation will be expended under, and the entity
responsible for maintenance and operation of the completed project.
In accepting the Attachment "A" the DA is to complete an estimated
budget showing the allocation distribution to design costs, staff costs,
construction costs, etc. This breakdown may also include a contingency
or inflation factor not to exceed 10% of the total activity allocation,
B. Activity Pgscrij2tion
The activity description is forwarded to the DA as Attachment "B". The
preparation of the project description, both preliminary and final, is
the responsibility of the ECD Planning Section,
The Description should be specific enough for use as the scope of work
funded by CDBG money in an RFP for architectural or engineering services
or for a vendor in preparing a bid. It will contain, but is not limited
to the following:
C-1
1. Title of Project/Activity
2. Activity Number
3. Specific site description
4. On- and off-site improvement description
S. Size of building
6. Fixtures list (such as stove, built-in equipment)
7. Water and sewer requirements
8. Utilities
9, Specific zoning and planning requirements
10. Specific uses of the site and/or building
11. Equipment
12. Functions
Approval to change the project/activity description will come from ECD
in the form of a revised Attachment "B" (and corresponding Attachment
"A", if appropriate) .
ECD will complete the Attachments "A" and "B" and will send two copies
each to DA for signature. Once signed and fully completed, they must be
returned to ECD for the Director' s signature. A copy of each will be
returned to DA signifying authorization to proceed with actions outlined
in the following section.
Actions and Responsibilities
A. Property Acauisition
The DA can pursue the acquisition of real property (and related
relocation requirements, if necessary) through its jurisdiction or
request the County' s Public Works Group Real Estate Services Department
to handle the acquisition and/or relocation. If relocation is required,
initiate 90 day notice to occupant(s) .
1. If DA wishes to purchase the property, the following procedures
should be followed:
a. DA: Refers to HUD Handbook 1377 which implements the Uniform
Relocation Assistance and Real Property Acquisition
regulations including the Federal Relocation Assistance and
Acquisition Policy Act of 1970, the Braithwaite Act of the
State of California and any subsequent amendments to these
acts and regulations. If relocation is required, initiate
90 day notice to occupant(s) .
b. DA: Obtains required appraisals.
C. DA: Reviews required appraisals and/or leases to determine
if property can be acquired within the project
allocation.
d. DA: Sends all lease documents to ECD for approval.
e. DA: Sends any requests for adjustments of funds for
property acquisition and/or relocation to the ECD
Director for approval,
C-2
f. ECD: Issues approvals in relation to "D- above and sends
them to DA.
9- DA: Initiates lease or purchase.
h. DA: Sends Request for Advance of Funds to ECD 10 working
days prior to expected close of escrow, with all
appropriate documentation attached.
2. If DA desires to have the COUNTY Public Works Group Real Estate
Services Department handle Acquisition and/or relocation
activities, the DA should follow this procedure:
a. DA: Submits a letter to ECD requesting that COUNTY Real
Estate Services Department handle the project/
activity, describing in detail what property is to be
acquired, giving all pertinent information, and
identifying who the DA contact person is to be. if
relocation is required, initiate 90 day notice to
occupant(s) .
b. ECD: Initiates appraisal process,
C. REAL ESTATE SERVICES DEPARTMENT: Obtains required
appraisals.
d. REAL ESTATE SERVICES DEPARTMENT: Forwards appraisals to
DA.
e. DA: Reviews appraisals and/or leases to determine if
property should be acquired and/or leased. Prepares
and forwards request to ECD.
f. ECD: Reviews request from DA, and forwards Authorization to
Proceed to Real Estate Services Department (note all
leases and all adjustments in project allocations must
be requested and approved by the ECD Director) .
9- REAL ESTATE SERVICES DEPARTMENT: Initiates purchase or
lease of property.
The Real Estate Services Department will work with the designated
DA contact throughout the acquisition/relocation process to assure
that the DA is aware of the activities and can make any necessary
decisions in relation to the activity.
B. Architect and/or Engineer Selection
1. The usual procedure for the selection of an architect or engineer
involves a Request for Proposal (RFP) for professional services,
following this process:
a. DA: Prepares an RFP for architectural, engineering, or,
other consultant services.
C-3
b. DA: Submits, prior to release all RFD' s to ECD for review
for contract compliance and consistency with Federal
Title 24 CFR, Part 85 Section 85.36 (Procurement
Standards) .
C. DA: Reviews RFP' s for compliance with State, Federal,
local and ECD regulations. Requests ECD for "Approval
to Proceed to Issue RFP".
d. ECD: Issues to DA an "Approval to Proceed to Issue an RFP".
e. DA: Advertises RFP, receives responses, interviews,
requests ECD representation on selection committee and
makes selection.
f. DA: Notifies ECD of selection. Sends back-up
documentation and draft contract to ECD. Requests ECD
for "Approval to Proceed to Award a Consultant
Services Contract".
9- ECD: Reviews final contract for contract compliance and
issues an "Approval to Proceed to Award a Consultant
Services Contract'.
h. DA: Awards Consultant Services Contract.
2. Architectural and Engineering Services may also be negotiated
under certain situations; i.e. , obtained through a sole - source
procurement. This is an eligible alternative requiring the
following steps:
a. DA: Determines that the situation warrants sole source
procurement and that such procurement will comply with
requirements and criteria specified in Federal Title
24 CFR Part 85.36. (Procurement Standards) .
b. DA: Selects architect, engineer or other consultant.
C. DA: Sends "Request for Approval to Proceed to Award a
Sole Source Consultant Services Contract- to ECD
explaining why the DA has chosen the consultant and
why the competitive RFP procedure is not being used.
d. ECD: Reviews the request and approves or denies sole
source procurement request based on explanation and
backup.
e. EGD: Issues "Approval to Proceed to Award a Sole Source
Consultant Services Contract" authorization or denial
of request.
f. DA: Negotiates and awards the sole source contract.
C-4
C. Design Phase
1. DA: Monitors preparation of preliminary plans by architect.
2. DA: Notifies ECD of all public meetings with architect five
working days before event,
3. ECD/
DA: Reviews and approves preliminary design.
4. DA: Secures all required permits and regulatory approvals.
5. DA: Reviews and approves plans and specifications, and obtains
current State and Federal Wage Decisions to include in the
bid package. ECD keeps current copies which are available
by request.
6. DA: Forwards construction bid package to ECD for review and
approval along with request for "Approval to Proceed to
Issue an Invitation to Bid for Construction Services". See
Attachment "D" "Construction Contract Boilerplate", for the
forms used in preparing bid packages,
7. ECD: Reviews and approves construction bid package for compliance
with Federal, State and local regulations and forwards
authorization to proceed with changes (if any) to DA.
8. DA: Secures plan check of plans and specifications from the
appropriate Building and Safety Authority.
D. Construction Phase
1. DA: Determines bid solicitation process permitted by CDBG
requirements under Federal Title 24 CFR Part 85.36, and
County contracting regulations. Advertises invitation to
bid and receives bids.
2. DA: Ten days prior to bid opening, DA makes telephone contact
with ECD and requests updated State and Federal Wage
Decisions. ECD will send to DA the 'Latest Wage Decisions,
If they are in any way different from those issued in the
original bid package, DA will immediately forward latest
wage decision to all bidding contractors who, in turn,
submit revised bids prior to the bid opening.
3. DA: Conducts bid opening and sends to ECD a copy of the contract
bid specifications including copies of the wage decisions in
effect at bid opening.
4, DA: Submits the low bidder information and list of
subcontractors to ECD and requests ECD for "Approval to
Proceed to Award a Construction Services Contract-. f
adjustment of funds or project description is needed, the
C-5
written request for reallocation of funds (revision of
Attachment "A") or change in project description (revision
of Attachment "B") should be sent at this time. Requests
over 25% of project allocation, require approval by DA
governing body in a public hearing.
5. ECD: Prepares revisions to Attachment -A" and/or "B" as
requested.
6. ECD: Reviews Contractor/Subcontractor' s eligibility to receive
Federal contracts.
7. ECD: Issues "Approval to Proceed" to DA.
8. DA: Approves the Affirmative Action Plan for contractors who:
1) have contracts with the DA during current fiscal year, or
2) employ ten (10) or more employees, or 3) bid work for
more than $10,000.
9. DA: Insures completeness of contract documents prior to award of
contract. Construction contracts must contain a copy of
Federal Labor Standards, applicable Federal and State Wage-
Determinations, and a copy of restrictions on public
buildings and public works projects provisions.
10. DA: Awards Contract.
11. DA: Notifies ECD of pre-construction conference at least 12 days
prior to event.
12. ECD: Notifies HUD of pre-construction conference at least 10 days
prior to event.
13. DA: Conducts pre-construction conference (ECD attendance
mandatory) . ECD forwards Contract Compliance Instructions
to prime contractor.
14. DA: Provides ECD with a copy of signed contract prior to start
of construction. DA ensures completion of bonds and obtains
contractor/subcontractor certifications concerning labor
standards and prevailing wage requirements; regarding Equal
Employment Opportunity, and restrictions on public buildings
and public works projects before signing contract.
15. DA: Keeps an up-to-date record of all encumbrances and
obligations, including staff costs incurred, to assure that
the remaining balance of funds is known.
16. ECD/
DA: Ongoing observation and monitoring of projects.
17. DA: Conducts on-site interviews with employees regarding their
wages, Sends copy of interviews to ECD.
C-6
18. DA: Receives from contractor, requests for progress payments
accompanied by Weekly Certified Payroll, form WH-347, and
any other documentation of expenditures and work
accomplished. See Attachment "D-6" for form WH-347.
19. ECD: Receives from contractor, duplicate copies of Weekly
Certified Payroll forms WITH ORIGINAL SIGNATURES and Monthly
Employee Utilization Reports, form CC-257. See Attachment
"D" for form CC-257.
20. ECD: Checks wages reported on Certified Payroll forms against
employee interview forms for consistency between wage rates
reported by contractor and wages received by employees.
21. ECD: Checks contractor' s compliance with the approved Affirmative
Action Plan using Monthly Employee Utilization Reports, for
a form CC-257 received from contractor.
22. DA: Submits to ECD once each month during the term of the
construction contract, a report package containing:
a. Request for Reimbursement and accompanying documentation.
Payments on said requests are subject to complete compliance
with Federal Labor Standards.
23. DA: Notifies ECD of all meetings regarding ECD projects, such as
Design Conferences, Public Meetings, meetings with Community
Development Advisory Commission, and DA at least five (5)
working days before event occurs.
24. DA: Processes change orders and sends copy(ies) of change
order(s) along with "Request for Approval of a Contract
Change Order" to ECD. Notifies ECD of proposed changes in
the list of subcontractors(a) and submits "Request For
Approval to Proceed" to add or delete subcontractor(s) from
the approved list.
25. DA: Must obtain approval from ECD regarding all change orders
prior to authorizing the contractor to proceed with said
changes.
26. DA: Requests revisions to Attachment -A" or Attachment "B" as
needed.
27. ECD: Revises Attachments "A" or "B" and issues "Approval to
Proceed to issue Change Order(s)" to DA.
28. DA: Notifies ECD of final inspections at least five (5) working
days before inspection date.
29. DA: Attends final inspections (ECD attendance optional) .
30. DA: Secures its governing body' s acceptance of completed project
and filing of Notice of Completion.
C-7
31. ECD: Monitors project progress and contract compliance and
issues, as necessary, -Notice of Non-Receipt of Monthly
Status Report" or "Notice to Submit Final Activity Costs"
notices to DA.
32. DA: Takes necessary actions to comply with said notices.
33. DA: Prepares and submits "Notice of Completion" to ECD.
34. ECD: Conducts "Annual Certification of Use of Facilities".
IV. DA must ensure compliance with the following regulations and statutes, as
amended, in carrying out CDBG funded activities:
A. Community Development Block Grant Regulations of the Housing and
Community Development Act of 1974, as amended.
B. Office of Management and Budget Circulars A-87, A-110, A-122 and A-128.
C, Federal Labor Standards Compliance Handbook No. 1344.1 REV-1 including:
1) Davis-Bacon Act
2) Contract Work Hours and Safety Standards Act
3) Copeland Act
D. Equal Employment Opportunity Requirements of Executive Order 11246, as
amended, and Title 29 CFR part 30.
E. National Environmental Policy Act of 1969, Title 24 CFR Part 58.
F. National Flood Insurance Program.
G. Archaeological and Historic Preservation Act of 1974.
H. Architectural Barriers Act of 1968.
I. Clean Air Act.
J . Federal Water Pollution Control Act.
K. Section 3 Regulations of the Housing and Urban Development Act of 1969,
Title 24 CFR, Part 135.
L. Civil Rights Act, as amended.
M. Uniform Relocation Assistance and Real Property Acquisition Policies Act
of 1970, as amended.
N, Hatch Act,
0. Administrative Requirements for GDBG Program, Title 24, CFR, Part 85,
AGMTS./DAGENCY.AGT
03/25/91/B'1`/pn C-8
ATTACHMENT E
SAN BERNARDINO COUNTY
DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT
DELEGATE AGENCY
MINORITY AND WOMEN OWNED BUSINESS ENTERPRISE PARTICIPATION
This form is designed to assist the County of San Bernardino in assessing and reporting the
proportion and amounts of contracts and subcontracts awarded to Minority and Women Owned
Business Enterprises (MWBE' S) for the project named below. Include information on all
subcontractors and suppliers if the total bid amount exceeds $10,000.
"Minority owned or controlled" means that 51% or more of the company's ownership or controlling
interest in the company is held by one or more Black Americans,
Native Americans (including American Indians, Eskimos, Aleuts, and Native Hawaiians) , Hispanic
Americans, or Asian/Pacific Americans (including persons whose origins are from Japan, China,
the Philippines, Vietnam, Korea, Samoa, Guam, the United States Trust Territories of the
Pacific, Northern Marianas, Laos, Cambodia, and Taiwan) , or any other group of natural persons
identified as minorities in the project specifications by the County.
"Female owned or controlled- means that 51% or more of the company' s ownership or controlling
interest in the company is held by one or more female persons.
PROJECT
Project Name Project Number
$ Federally funded or assisted? Yes No
Total Bid Amount
CONTRACTOR
Contractor Name Address
Federal 1.D. Number Zip
r
Minority owned or controlled? Yes I No
Portion of bid amount to be Female owned or controlled? Yes No
performed by contractor
SUBCONTRACTORS
Subcontractor Name Address
Federal. I.D. Number Zip
Minority owned or con-'rolled? Yes No
Subcontract Amount Female oumed or controlled? Yes
No
- ------------------------------------- -------------------------- ----------------------- ---
Minority andWomenOwned Business Eater rises Participation (Continued)
2)
Subcontractor Name Address
Federal I.D. Number Zip
$ Minority owned or controlled? Yes No
Subcontract Amount Female owned or controlled? Yes No
-----------------------------------------------------------------------------------------
3)
Subcontractor Name Address
Federal I.D. Number zip
$ Minority owned or controlled? Yes No
Subcontract Amount Female owned or controlled? r
L 1 Yes No
------------------------------------------------------------------------------------------
4)
Subcontractor Name Address
Federal I.D. Number Zip
$ Minority owned or controlled? Yes No
Subcontract Amount Female owned or controlled? Yes No
------------------------------------------------------------------------------------------
5)
Subcontractor Name Address
Federal I.D. Number Zip
$ Minority owned or controlled? Yes No
Subcontract Amount Female owned or controlled? Yes No
-------------------------------- -------- --------------------------------------------------
6)
Subcontractor Name Address
Federal I.D. Number Zip
$ Minority owned or controlled? Yes No
Subcontract Amount Female owned or controlled? Yes j No
-- ----------------------------------------------------------------------------------- ---- -
7)
Subcontractor Name Address
Federal I.D. Number Zip
$ Minority owned or controlled? Yes No
Subcontract Amount Female owned or controlled? YesNo
L
-------- ----------------------------------- - ---- --------- ----- ----------------------------
Subcontractor Name Address
Federal I.D. Number Zip
$ Minority owned or controlled? Yes
t j No
Subcontract Amount Female owned or controlled? Yes [ I No
------------------------------------- ----------- --------------------------------- - --
(Use additional copies of this form if needed to provide information on all subcontractors)
Minority and Women Qyned Business Enterprise Participation (Continued)
San Bernardino County MWBE Policy and Goals
To receive the contract award as the lowest responsible bidder, the contractor must either: 1)
meet the goals and requirements established by the County relating to participation in the
contract by MBE's and WBE' s; or 2) produce information to document a good faith effort, made
by the bidder prior to the bid opening, to comply with those goals and requirements. Refer to
the attached copy of Public Contacts Code, Section 2000 which specifies the actions required
for a good faith effort; and refer to the attached copy of federal. regulations at 24 CFR Part
85, 36(e) , Contracting With Small and Minority Firms, Women' s Business Enterprise and Labor
Surplus Area Firms, for a listing of good faith effort actions required for federally funded
or assisted projects.
In compliance with the County' s goal of achieving 15% participation of Minority Business
Enterprise (MBE) and 5% participation of Women' s Business Enterprise (WBE) , the following
analysis calls for information needed to assess the levels of participation provided by your
bid. A copy of the Policy and Goals is available from your County contracting department.
MWBE PARTICIPATION ANALYSIS
$ Divided By $ Multiplied By 100 —
(MBE Portion (Total Bid (Percentage of MBE
of Total Bid) Amount) Participation)
$ Divided By $ Multiplied By 100 —
(MBE Portion (Total Bid (Percentage of MBE
of Total Bid) Amount) Participation)
If the percentage of MBE participation is less than 15% or the percentage of WBE participation
is less than 5%, document the actions you took prior to the bid opening in making a good faith
effort and submit to the County Department a statement and supporting documentation as part of
your bid submittal.
Certification - The information above is true and complete to the best of my knowledge and
belief.
Name and Title of Signer (please type)
Signature Date
NOTE: Failure to complete and si-gn this form is cause for rejection of the bid is not being
responsive or responsible.
DAGENCY.PGT
03 /22/91 'BT/jj
ATTACHMENT D
Contents Page
Construction Contract Provisions. . . . . . . . . . . . . . . . . . . . . . . . . D-1
Request for Approval to Proceed Form. . . . . . . . . . . . . . . . . . . . . D-2
Monthly Status Report Form. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . D-3
EmployeeInterview Form. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . D-4
Monthly Employment Utilization Report (Form C-257) . . . . . . . D-5
Weekly Certified Payroll (Form WH-347) . . . . . . . . . . . . . . . . . . . D-6
Davis-Bacon Act Certification Form. . . . . . . . . . . . . . . . . . . . . . . D-7
OF ECONUMIC AND CO.MMUNITY DEVE1_0?KhNT
CO3NFITUCTION CONITRACT PKOVISIONS
110�,:inrr curt ;ficat�ol,., Sf-!��Ieilds, are plevidl2e, to vnmsurc- C011TIP'liz"rice 4.i.L .
Fedoc,rn] and State cont-raCting requirements, for Federal Community Development block Grant, Ifunde",
construction projects- requiring completier, signature and submittal are indicated.
1. Labor Standards and Provisions - This section contains Federal and State labor regulations
reF
. arding construction contracts.
a. Contractor Certifications Concerning Labor Standards And Prevailing Wage Requirements -
This certification is to be completed by the prime contractor and submitted with the bid
when the contract amount, exceeds S2,000.
b. Subcontractor Certification Concerning Labor Standards And Prevailing Wage Requirements -
This certification is to be completed by the subcontractor and submitted with the bid when
the contract amount for the prime contractor exceeds $2,000.
C. Federal Labor Standard Provisions - The prime contractor and all subcontractors are
required to abide by the federal labor standards when the contract amount with the prim
contractor exceeds $2,000. The prime contractor is responsible for including these
provisions in all subcontracts.
d. Prevailing Wage Decisions - The prime contractor and all subcontractors are required to
pay their laborers and mechanics employed under this contract, a wage not less than the
highest wage for the work classification, specified in both the Federal and State wage
decision when the contract amount for the prime contractor exceeds $2,000.
11. Equal Employment Regulations - This section contains Federal Equal Opportunity requirements
regarding construction and non-construction contracts.
a. Certification Of Bidder Regarding Equal Employment Opportunity - This certification is to
be completed by the prime contractor and submitted with the bid.
b. Certification By Proposed Subcontractor Regarding Equal Employment Opportunity - Tbis
certification is to be completed by the subcontractor and submitted with the bid.
C. Affirmative Action Compliance Guidelines For Construction Or Non-Construction Contractors
- Prior to being awarded the contract, the selected contractor and subcontractor(s) wmo
meet the guideline criteria for filling, must complete and submit the Affirmative Action
Plan. This provision generally applies to contracts and subcontracts in excess of
510,000.
d. "Section 3" - To the greatest extent feasible, the contractor and subcontractor must
comply with this provision as it relates to the training and employment opportunities of
lower income persons residing within the County of San Bernardino.
111. Bonding and Insurance Requirements - This section contains the minimum bonding requirements for
construction service contracts.
a. Form Of Bid Bond - This is an example of the bid guarantee required from each bidder. The
bid bond must be at least ten percent of the bid price and submitted with the bid.
b. Form Of Performance Bond - This is an example of the performance bond required from the
prime contractor. The performance bond must be at least 100 percent of the contract price
and submitted upon execution of the contract.
C. Form Of Labor And Materials Bond - This is an example of the payment bond required from
the prime contractor. The labor and materials bond must be at least 100 percent of the
contract price and submitted upon execution of the contract.
d. Certificate Of Owners Attorney - This certificate is to be completed by the owner's
attorney when applicable.
TV. Suptlerntal General Conditions
This section contains special federal requirements.
a. Certification Of Compliance With Air And Water Acts - The prime contractor and all
subcontractors must comply with this certification when the contract exceeds 5100,000.
b. - Certification of bidder regarding restrictions on public buildings and public works
protects.
PI_N71CONST COIN7-_RACT REVIEw
1/26/89/bij
D-1
DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT
(70'MUNITY I �/)_K G1 I ? r
M . �I _,z P11-C 'f,0'1P_AJ11
CONTRACTOR'S CERTIFICATIOINI
CONCERNING LABOR STANDARDS AND PREVAILING WAGE REQUIREMENTS
TO (iA.p.1propriate Recipient) DA,rE
__ __
-PR0JE__CT__N_U_M_BER
PROJECT NAME
1. The undersigned, having executed a contract with
for the construction of the above-identified project
acknowledges that:
(a) The Labor Standards provisions are included in the aforesaid contract:
(b) Correction of any infractions of the aforesaid conditions, including
infractions by any of his subcontractors and any lower tier sub-
contractors, is his responsibility:
2- He certifies that:
(a) Neither he nor any firm, partnership or association in which he has
substantial interest is designated as an ineligible contractor by the
Comptroller General of the United States pursuant to Section 5_6(b)
of the Regulations of the Secretary of Labor, Part .5 (29 CFR, Part 5)
or.pursuant to Section 3{a) of the Davis-Bacon Act, as amended (40 ,U.S.C_
276a-2(a))-
(b) No part of the aforementioned contract has been or will be subcontracted
to any subcontractor if such subcontractor or any firm, corporation,
partnership or association in which such subcontractor has a substantial
interest is designated as an elegible contractor pursuant to any of the
aforementioned regulatory or statutory provisions.
3. He agrees to obtain and forward to the aforementioned recipient within ten days after
the execution of any subcontract, including those executed by his subcontractors and
any lower tier subcontractors, a Subcontractor's Certification Concerning Labor
Standards and Prevailing Wage Requirements executed by the subcontractors.
4- He cer-tifies that:
(a) The legal name and the business address of the undersigned are:
kb) rhe- undersigned is:
(1) A SITNGLE PP-013FUCTORSHIP (3) A CORPOR_P_TION ORGANIZED IN THE SI'ATE OF
(2) A PARTNERSHIP (4) OTHER ORGANT ZATION fDescribe,)
la-1
t
DEPARTMENT OF ECONOMIC ANIS CO101UNI TY DEVELOPMENT
COMMUNITY DEVELOPMENT BLOCK C>dZANT PROGRAM
W13CONTRACTOR`S CERTIFICATION
CONCERNING LABOR STANDARDS AND PREVAILING WAGE REQUIREMENTS
TO (Appropriate Recipzent>) � DATE
PROJECT NUMBER (If ani)
C/o PROJECT tqA-mr
Z_ The undersigned, having executed a contract with
(Contractor or Subcontractor)
for
(Nature of Work)
in the amount of
in the construction of the above-identified project, certifies that:
(a) The Labor Standards Provisions of The Contract For Construction are included in
the aforesaid contract_
(b) Neither he nor any firm, corporation, partnership or association in which he has
a substantial interest is designated as an ineligible contractor by the Comptroller
General of the United States pursuant to Section 5.60(b) of the Regulations of
the Secretary of Laobr, Part 5 (29 CFR, Part 5), or pursuant to Section 3(a) of
the Davis--Bacon Act, as amended (40 U.S.C. 276:-2(a)}.
(c) No part of the: aforementioned contract has been or will be subcontracted to any
subcontractor if such subcontractor or any firm, corporation, partnership or
association in which such subcontractor has a substantial interest in designated
as an ineligible contractor pursuant to the aforesaid regulatory-or statutory
provisions-
2-
rov sions2_ He agrees to obtain and forward to the contractor, for transmittal to the recipient,
within ten days-after the execution .of any lower subcontract, a Subcontractor's
Certification Concerning Labor Standards and Prevailing wage Requirements, executed
by the lower tier subcontractor, in duplicate,
(a) The workmen will report for duty on or about
(.Date)
. He certifies that:
(a)• The legal name and the business address of the undersigned are:
_._. (b) The undersigned is: r
(
( ) A SINGLE PROPRIETORSHIP-
(2)
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(2) A PARTi FiIP (4) OTHER ORGANIZATION (Describe)
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7,Contracte termination;debarment.A breach of the contract clauses in pensation at a rate not less than one and one-half times the basic rate of
29 CFR 5 5 rnav be grounds to.,termination of The contract,and for debar- pay for all hours worked In
and a5 12 ercess of forty tours;n such workweek.w4i_IreIeele,-
itg�t�E
sun-ontraclor as p!cvided in 29 11
8.Compl±ancrs with Davis-Bacon and Related Act Requirements.Ali ru,- (2)Violation;liability for unpaid wages:liquidated damages.in the
Ings andinter'p,elations of the Davis-Bac-or and Related Acts contained in event of any violation of the clause set forth in subparagraph(1)of,this
29 CFR,Parts 1,3,and 5 are herein incorporated by reference in this paragraph,the contractor and any subcontractor responsible therefor shal!
contract be liable for the unpaid wages.In addition,such contractor and sub,-or,-
9.Disputes concerning labor standards.Discutes arisiria out of the labor tractor shall be liable To the Urrited States(in the case of work done under
standards provisions of this contract shall not be Subject to the general contract for the District of Columbia or a territory,to such District 01 to succi
dtsou!es clause of this contract.Such disputes shall be resolved in actor- Territory),for liquidated damages Such liquidated damages shall Cee c-o M,-
dance will-the procedures of the Department of Labor set forth in 29 CFR puled with respect to each individual laborer or mechanic,incl,4d,ng
Parts 5.6,and 7.Disputes within the meaning of this clause include dis- watchmen and guards,employed in violation of the clause set forth in suo-
putes between the contractor(or any of its subcontractors)and HUD or its paragraph(1)of this paragraph,in the sum of$10 for each calendar day or,
designee,The U S.Department of Labor,id,this employees or their which such individual was required or permitted to work it c rte»til-et4—
representatives. 4;iqkosw in excess of the standard workweek of forty hours without pay-
10.Ill Certification of Efigibiifity.By entering into this contract,the con- ment of the overtime wages required by the clause set forth in subpara-
tractor certifies that neither it(no,he or she)nor any person or firm who graph(1)of this paragraph.
has an interest in the contractor's firm is a person or firm ineligible to be (3)Withholding for unpaid visig"and Aquildated damages.HUD or its
awarded Government contracts by virtue of Section 3(a)of the Davis- designee shall upon its own action or upon written request of an autho-
Bacon Act or 29 CFR 5-12(aXI)or to be awarded HUD contracts or partici- rized representative of the Department of Labor withhold or cause to be
pate in HUD programs pursuant to 24 CFR Part 24. withheld,from any moneys payable on account of work performed by the
(it)No part of this contract shall be subcontracted to any person or firm contractor or subcontractor under any such contract or any other Federa€
ineligible for award of a Government contract by virtue of Section 3(a)of contract with the same prime contract or any other Federally-assisted con-
the Davis-Bacon Act or 29 CFR 5,12(a)(1)or to be awarded HUD contracts tract subject to the Contract Work Hours and Safety Standards Act which
or participate in HUD programs pursuant to 24 CFR Part 24. is held by the same prime contractor such sums as may be determined to
(Iii)The penally for making false statements is prescribed in the U.S. be necessary to satisfy any liabilities of such contractor or subcontractor
Cnrninal Code,18 U.S.C_1001.Additionally,U.S.Crimnal Code,Section for unpaid wages and liquidated damages as provided in the clause set
1010,Title 18,U.S.C_"Federal Housing Administration transactions'.pro- forth in subparagraph(2)of this paragraph.
vides in part "Whoever.for the purpose of, . .influencing in any way the (4)Subcontracts.The contractor or subcontractor shall insert in any
action of su,,C�Al�,rncnistration_ - makes-utters or publishes any statement, subcontracts the clauses set forth in subparagraph(1)throuan(4'i of this
knowing the same to be false. . . shall be fined not more than$5,000 or paragraph and also a clause requiring the subcontractors to include these
imprisoned not more than two-years,or both" clauses in any lower tier subcontracts.The prime contractor shall be
11.Complaints,Proceedings,or Testimony by Employees.No laborer or responsible for compliance by any subcontractor 0,lower tie,subcontrac-
mechanic to whore:the wage,salary,or other labor standards provisions of for with the clauses set forth in subparagraphs(1)through(4)of this
this Contract are applicable shall be discharged or in any other manner paragraph,
discriminated against by the Contractor or any subcontractor because such C.Health and Safety
employee has filed any complaint or instituted or caused to be instituted (1)No laborer or mechanic shall be required to work in surroundings
any proceeding or has testified or is about to Testify in any proceeding or under working conditions which are unsanitary,hazardous,or danger-
under or relating to the labor standards applicable under this Contract to ous to his health and safety as determined under construction safety and
his employer health standards promulgated by the Secretary of Labor by regulation.
B Contract Work Hours and Safety Standards Act.As used in this para- (2)The Contractor shall comply with all regulations issued by the
graph,the terms"laborers"and"mechanics"include watchmen and Secretary of Labor pursuant to Title 29 Part 1926(formerly part 1518)and
ouards, failure to comply may result in imposition of sanctions pursuant to the Con-
(1)Overtime requirements.No con-tractor or subcontractor contracting tract Work Hours and Safety Standards Act(Public Law 91-54,83 Stat 96)
for any part of the contract work which may require or involve the employ- (3)The Contractor shall include the provisions of this Article in every
meat of laborers or mechanics shall require or permit any such laborer or subcontract so that such provisions will be binding on each subcontractor
mechanic in any workweek in which he or she is employed on such work The Contractor shall take such action with respect to any subcontract as
to work in excess of forty the Secretary of Housing and Urban Development or the Secretary or Labor
hours in Such workweek unless such laborer or mechanic receives com- shall direct as a means of enforcing such provisions.
NO Edited text above is in accordance with revisions provided by
the U.S. Department of Housing and Urban Development.
D—I Ic-3
HUD-4010(2-84)
Current and Applicable
Federal Wage Determination
(To be replaced by the Federal Wage Determination CA-2 ,
with modifications that have been published not less
than ten (10) days before the opening of bids. )
D-I Id
CERTIFICATION OF BIDDER REGARDING
EQUAL EMPLOYMENT OPPORTUNITY
INSTRUCTIONS
This certification is required pursuant to Executive Order 11246 130 F. R. 12319-25). The implementing rules and
regulations provide that any bidder or prospective contractor,or any of their proposed subcontractors,shall state as
an initial part of the bid or negotiations of the contract whether it has participated in any previous contract or sub-
contract 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 bidder has not filed a compliance report due under applicable instructions,
such bidder shall be required to submit a compliance report within seven calendar days after bid opening. No contract
shall be awarded unless such report is submitted.
CERTIFICATION BY BIDDER
Bidder's Name:
Address and Zip Code:
1. Bidder has participated in a previous contract or subcontract subject to the Equal Opportunity Clause.
Yes C] No [:] (If answer is yes, identify the most recent contract.)
2. Compliance reports were required to be filed in connection with such contract or subcontract.
Yes 17 No 0 (If answer is yes, identify the most recent contract.)
3. Bidder has filed all compliance reports due under applicable instructions, including SF-100.
Yes [] No ❑ None Required [3
4. If answer to item 3 is'*No,"please explain in detail on reverse side of this certification.
Certification—The information above is true and complete to the best of my knowledge and belief.
Name and Title of Signer(Please Typet'
Signature Date
f}-•1 Ila
CERTIFICATION BY PROPOSED SUBCONTRACTOR REGARDING
EQUAL EMPLOYMENT OPPORTUNITY
NAME OF PRIME CONTRACTOR PROJECT NO.
INSTRUCTIONS
This certification is required pursuant to Executive Order 11246(30 F,R. 12319-25). The implementing rules and
regulations provide that any bidder or prospective contractor, or any of their proposed subcontractors, -shall state as
on initial part of the bid or negotiations of the contract whether it has participated in any previous contract or sub-
contract 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 subcontractor has not filed a compliance report due under applicable in-
structions, such subcontractor shall be required to submit a compliance report before the owner approves the sub-
contract or permits work to begin under the subcontract.
SUBCONTRACTOR*$ CERTIFICATION
Subcontractor's Name:
Address:
1. Bidder has participated in a previous contract or subcontract subject to the Equal Opportunity Clause.
Y e s F--1 No F-1
2. Compliance reports were required to be filed in connection with such contract or subcontract.
Yes = No =
3. Bidder has filed all compliance reports due under applicable instructions, including SF-100.
Yes = No F-1 None Required =
4. If answer to item 3 is -No," please explain in detail on reverse side of this certification.
Certification — The information above is true and Complete to the best of my knowledge and belief.
NAME AND TITLE OF SIGNER (Please Type)
SIGNATURE DATE
D-1 IIb
AFFIRMATIVE ACTION COMPLIANCE
GUIDELINES FOR CONSTRICTION AND
NON-CONSTRICTION CONTRACTORS
—I ZZc I
IMPLEMENTING ENTITIES
AFFIRMATIVE ACTION CONPLIANCE GUIDELINES FOR
CONSTRUCTION AND NON-CONSTRUCTION CONTRACTORS
These Affirmative Action Compliance Guidelines have C. Exemptions:
been designed to provide the Implementing Entity with
information pertaining to the contractor's work force. The following persons / contracts (as
It is the intent of these guidelines to insure that defined by the implementing entity's
equal opportunity for employment is practiced by the (Contract Compliance Officer) shall be
contractor without regard to race, age, color, sex, exempt from this programs
religion, ancestry, national origin, marital status,
or handicap. These guidelines provide the minimum 1. Sole Source
information necessary to prepare an Affirmative Action
Plan that will comply with Federal regulations 2. Emergency Requisitions
regarding Affirmative Action for federally assisted
projects. In the event that the Affirmative Action 3. Contracts which have been executed
Compliance Program of the implementing entity address by the contractor prior to October
these minimum guidelines, that program may be 1, 1978.
utilized. Contractors are urged to contact the
Affirmative Action Officer of the implementing entity 4. Churches
for any necessary technical assistance in preparing
their Affirmative Action Plan if they are considering Any contractor who feels qualified for
bidding under this contract. an exemption should contact the Contract
Compliance Officer for verification.
1. AFFIRMATIVE ACTION COMPLIANCE PROGRAM
A. The Affirmative Action program embodies the 11. METHOD FOR SATISFYING AFFIRMATIVE ACTION PIAN
following principals:
1. Discrimination because of race, color, A. Affirmative Action Plan for CONSTRUCTION
age, sex, religion, ancestry, national contractors can be met by one of the
origin, marital status, or handicapped following methods:
status is inconsistent with the
constitution, laws, and policies of the 1. Prior to being awarded the
United States, State of California and contract, the contractor must have
County of San Bernardino. both of the following documents
approved by the implementing entity
2. In accordance with Executive Order Contract Compliance Officer.
11246, the implementing entity is
committed to insuring that there be no a. A statement of the contractor's
discrimination by vendors, contractors Affirmative Action Policy
(including professional services and including methods of recruiting
consultants), lessors, or lessees doing minorities and women. If the
business with the implementing entity. contractor does not have an
Affirmative Action Policy, the
attached model policy may be
B. Contractors required to file an Affirmative adopted by the contractor.
Action Plan. b. The "Contract Compliance Quali-
1. All contractors who are submitting to fying Report for Construction
the implementing entity a bid or offer Contractor" (attached).
on a CbNSTRUCTION CON7PACT and who are
doing business in the amount of IU,VOO
or more with the implementing entity in 2. Evidence of a currently approved
any one fiscal year or employ ten (10) Federal or State of California
or more employees, mu a t have an Affirmative Action Plan.
approved Affirmative Action Plan unless
exempt, prior to the award of such
contract. 3. Certificate of Annual prequali-
fication issued by the implementing
2. All contractors and vendors who are entity Contract Compliance Officer.
submitting to the implementing entity a
bid or offer on a NONCONSTRUCTION a. To receive "Annual Prequali-
CONITRACT in the amount 0*r,1_6.00GOO or fication" a contractor must:
;_o_re, .wjst have an approved Affirmative
Action Plan unless exempt, prior to the
award of such contract or business. Complete the implementing entity
Affirmative Action "Contract
3. All subcontractors rendering services Compliance Qualifying Report"
or supplies to the contractor in the with employment goals for the
amount of 510,000 or more, must have an next three years; and submit to
approved Affirmative Action Plan unless the Contract Compliance Officc-r
exempt, before the subcontractor for approval an Affirmative
commences work.
D-1 I I C-2
Action Policy including methods of B. Appeal Procedure.
recruiting minorities and women. The
contractor is required to submit an 1. A contractor who has submitted a
Affirmative Action Compliance Plan program which is not approved by
annualiv for subsequent prequali- the Contract Compliance Officer may
fication. appeal that determination to the
implementing entity's legislative
Contractors desiring to act as body through their Administrative
subcontractors may receive annual Officer. All appeals shall be in
prequalification and be placed upon a writing, sighed by the person
list of annually prequalified sub- appealing or that person's
contractors which will be made avail- authorized representative and shall
able by the Contract Compliance Officer be filed with the Contract
to prime contractors to facilitate Compliance Officer within ten (10)
their choice of subcontractors. working Mays after receiving notice
of disapproval.
B. Affirmative Action Plan For Non-Construction
Contractors can be tet as fellows: 2. The appeal should explain the
reason why the action of the
1. Prior to being awarded the contract, Contract Compliance Officer should
the contractor must have the "Contract not have been taken. Failure of
Compliance Qualifying Report for the contractor to appeal within ten
Non-Construction Contractors and (10) working days of notice of
Vendors" (attached), approved by the disapproval shall make the action
implementing entity contract compliance taken by the Contract Compliance
officer. In addition, the contractor Officer final.
or vendor may be requested to-submit to
the Contract Compliance Officer C. On-site visits may be conducted to
additional information concerning the verify the accuracy of the contractor's
contractor's Affirmative Action Affirmative Action statistical data. In
policies. addition, contractors will be required
to annotate entries on their payroll
C. Affirmative Action Plan for Subcontractors reports with the following codes:
can be met as follows:
A = White (r=ot of Hispanic origin): All
1. Prier to a subcontractor starting work persons having origins in any of
for a contractor, the subcontractor the original peoples of Europe,
must comply with Part II, Section A North Africa, the Middle East, or
above for construction subcontracts and the Indian subcontinent.
Part 11, Section B above for
non-construction subcontracts. The B Black (not of Hispanic origin): All
contractor is responsible to ensure persons having origins in any of
that all of his subcontractors are in the black racial groups.
compliance.
C = Hispanic= All persons of Mexico,
2. Contractors are encouraged to use Puerto Rican, Cuban, Central or
subcontractors who have been approved South American, or other Spanish
for annual prequalification (if culture or origin, regardless of
available). race.
D Asian or Pacific Islanders: All
persons having origins in any of
III. I.%-iEnA' 'ICtk l.`ITH THE CONTRACT COMi PLIANCE the Far East, Southwest Asia or the
OFFICE; Pacific Islands. This area
includes, for example, China,
A. The Contract Compliance Officer will Japan, Korea, the Philippine
review each Affirmative Action Program Islands and Samoa.
as submitted.
E = American Indian or Alaskan Native-
If the contractor's Affirmative Action All persons having origins in any
Plan is not approved ty the Contract of the original peoples of north
Compliance Officer, the Contract America.
Compliance Officer shall notify the
contractor of the reasons for
disapproval of the plan, and of the M = MAILE EMPLOYEE
implementing entity's requirements for an
acceptable plana. The contractor shall be F = FEMALE EMPLOYEE
allowed ten (10) working days in which to
develop and submit a revised Affirmative h HkNDICAPPE EMPLOYEE
Action Plan for review and approval by the.
Contract Compliance Officer. V = VIETNAM-ERA VETERAN
- Z --
iv. DE I N I T 10 11"S I "Local Labor Marker" means tile entire
San Bernardino, Riverside, Ontario labor
Unless a provision of a contract otherwise market. (Standard Metropolitan.
requires, certain works and phrases shall be Statistical Area).
defined as follows:
J. "Minorities" means members 01 th ,
A. "Affirmative Action" is a commitment to following racial or ethnic groups: Black
increase the number of members of protected (not of Hispanic origin); Hispanic;
classes in the work force by setting Asian or Pacific Islander; American
employment goals and timetables, including Indian or Alaskan native.
action programs to achieve objectives
through reform of the system. Affirmative K. "Nonconstruction Contract" means any
Action seeks to ensure that discrimination contract which does not fall within the
is eliminated in all dealings with employees definition of "Construction Contract".
or applicants for employment whether the
discrimination is intentional or L. "Officer" means the Contract Compliance
unintentional- In addition, Affirmative Officer of the implementing entity.
Action seeks to improve Job standards and
productivity through the removal of M. "Persons" means any individual, firm,
artificial and unnecessary barriers to co-partnership, public service, joint
employment and promotion and ensure that all venture, association, social club,
job actions are related to job performance fraternal organization, corporation,
measures. estate, trust receiver, syndicate city,
county, municipal corporation, district
B. "Approved Programs" are those which the or other political subdivision, or any
Contract Compliance Office of the other group or combination acting as a
implementing entity have deemed in unit.
compliance with this program.
N. "Protected Class" means those groups of
C. "Construction Contract" means a contract individuals covered or protected against
Which calls for the construction, discrimination by the various Federal
rehabilitation, alteration, conversion, and State civil rights laws as now in
extension, demolition or repair of existence or as as hereafter amended by
buildings, highways or other changes or Federal or State law.
improvements providing utility services.
O. "Sole Source" means a contract in which
D. "Contract" means a purchase order, offer and the non-implementing -entity party is in
acceptance, lease, agreement or other a unique position to fulfill the
arrangement creating an obligation to which implementing entities needs, as
the implementing entity is a party, which determined by the Contract Compliance
would make one of the parties within the Officer, after consideration of
definition a contractor. practical alternative.
E. "Contractor" means all persons (including P. "Subcontractor" means any person who
general contractors and prime contractors) agrees with any contractor who has a
who provide, or offer to provide to the contract with the implementing entity to
implementing entity, labor or services of furnish supplies, goods, or services to
any kind or type pursuant to a construction such contractor.
contract with the County.
Q. *nJnderutilization" means having fewer
F. "Implementing Entity" means public minorities or women in a particular job
jurisdiction who is administering the classification than would reasonably be
contract. expected by their availability.
G. "Employee" means one who performs work R. Vietnam-Era Veteran" means a person who:
for compensation, or a Person who is
permanently or regularly employed by the 1. Served on actual duty for a period
contractor or subcontractor. of more than 180 days, any part of
which occurred between August 5,
H. "Handicapped Status" means any person 1964, and May 7, 1975, and was
who- discharged or released therefrom
with other than a dishonorable
I- Has a physical or mental impairment discharge; or
which substantially limits one or
more of such person's major life 2. Was discharged or released from
activities. active duty for a service-connected
disability if any part of such
2
Pias a record of such impa;rment, or, 1 -1:
active duty was p�erforried be ween
August 5, 1964, and May 7, 1,975.
3- Is gene ra 11 y e g n d ed ns hn,v i 1
such an. impa-irm�111L. S, "Women" raeans Female members of raCi,31
and ":ethnic minority and
P�NIIIACTION Crte IP groups,
D-I 11C-4
iNSTRUCTIONS FOR COMPLETING CONITRACT COMPLIANCE
QUALIFYING HEVORT
I. SIJB CATEGORY Laborers (Unskilled): Occupations in which.s worker perfc "s
Data is to tre completed for all listed jot)categories of emp€ogees. a variety of manual work in the maintenance repai, ario
Definitions: _ construction of highways, buildings_ and other facilities: an
unskilled worker who brines materials to, and does preoarat ry
Administrators: Occupations which require that employees set work for,skilled workers in a trade.
broad policies, exercise overall responsibility for execution of these
policies, direct individual departments or a special phase of the Service Workers: Occupationstin which workers perform duties
contractor's operations, or provide specialized consultation on a which result in contribbutee to the comfort, convenience, upkeep
and care of buildings, facilities or grounds of public property,
regional,district or area basis.
Includes: directors, deputy directors, department heads. Workers in this group may operate macftinery.
controllers, foremen, supervisors, 'inspectors, and kindred workers. Includes. chauffeurs, laundry and dry clean is person el,
truck drivers, bus drivers garage laborers, custodial personnel,
Professional: Occupations which require specialized and gardeners and groundkeepers, refuse collectors, construction
theoretical knowledge which is usually acquired through -college laborem
training or through work experience and other training which
provides comparable knowledge. lf- CURRENT WORK FORCE
Includes:personnel and labor relations workers,social workers. This category is to establish the contractor's current employment
doctors, psychologists. registered nurses, economists, dieticians. status_
lawyers, system analysts. accountants. engineers, employment and A. Total number of employees: The contractor is to fill out the
vocational rehabilitation counselors. teachers or instructors. and total number of persons currently employed in each job category.
kindred workers. S.
employees in each box in this column for each job category.
Black: The contractor is to place the current number of Stack
Technical- Occupations which require a combination of basic
scientific or technical knowledge and manual skill which can be e
uta; +ed through specialized post-secondary school education or C. Hispanic: The contractor is to place the current number of
through equivalent on-the-job training employees of Hispanic origin in each box in this column for each
Includes: computer programmers and operators, draftsmen, job category.
surveyors, licensed practical nurses, photographers,radio operators, D. Asian or Pacific Islanders: The contractor is to place the
technical illustrators. highway technicians, technicians {medical, current number of employees of Asian or Pacific island origin in
dentat, electronic. physical sciences), assessors, inspectors, and each box in this column for each job category-
iondred workers. E- American Indian or Alaskan Native- The contractor is to place
Sales: Occupations in which the act of selling takes place: the current number of American Indian or Alaskan Native
exchange of property of any kind,or of services for an agreed sum employees in each box in this column for each job category-
of money or other valuable consideration. One employed as a F, Total Minority: The number to be placed in each box in this
traveling agent or representative to sell goods or services. column can be reached by adding the current numbers of Black,
Office and Clerical: Occupations in which workers are Hispanic, Asian, Pacific islander, American Indian, and Alaskan
responsible for internal and external communication,recording and (dative employees written in the four previous columns,
retrieval of data and/or information and other paperwork required G. Total females: in each box in this column the contractor is to
in an office. place the total number of white and minority females employed in
Includes: bookkeepers. secretaries, office machine operators, each job category-
clerk typists, stenographers, statistical clerks, dispatchers, payroll
clerks,messengers,and kindred workers. Ill. UNDERUTILIZATION
Skilled: Occupations in which workers perform jobs which
require special manual skill, a thorough and comprehensive To establish whether underizatiocontractor should
n exists,
!:novv#edge of the processes involved in the work which is acquired determine whether the **total minority" percentages s and "'total female
through on-the-job training, experience, through apprenticeship or percentages" in each job classification are lower than would reasonably
other format training programs. be expected by their availability-
frtct=.ides: mechanics and repairmen, electricians, heavy After making this comparison. the contractor should place a check
for each category.
I✓l in the
fYQuiprnent operators. stationary engineers,. skilled machinist box that applies{"yes'"ex-'no"`}
occupations, carpenters, and compositors and typesetters, and
kindred workers. IV, ANTICIPATED HIRING
Operative $Semiskilled): Occupations in which workers are The contractor should state the number of employees the
partly skilled, or doing manual work that requires only limited contractor plans to hire both as additional employees and replacements
training,experience or knowledge, for each job category.
—j ZIC—S
THIS SIDE FOR CONTRACT COMPLIANCE USE ONLY
Percent Minorities of Total—_—_ SMSA Percent--..— Does Contractor Meet SMSA Percentages? 0 Yes Cl No
Warning Letter Reviewed
Date Contract Compliance Officer
CONTRACTS PROCESSED
Annual Quahfication Dates Date Project Dollar Amount
From
Contract Compliance
Gualifying Report
For
Nonconstruction
Contractors
and
Vendors
Comments
THIS SIDE FOR CON TRA C T COMPL 1A NCE USE ONL Y
Percent Minorities of SMSA Percent.___.- Does Contractor Meet SMSA Percentages? 0 Yes El No
Warning LetterReviewed
Da te Contract Compliance Officer
CONTRACTS PROCESSED
Annual Qualification Dates Date Project Dollar Amount
Front
Contract Compliance
Qualifying Report
For
Construction
Contractors
and
Vendors
Comments
APPENDIXI
Category Principal Business Location Goal=Parity With
Contractors except San Bernardino County Riverside-San Bernardino-Ontario
construction &M-S.A-
;
Contractors except Within Los Angeles, Long Local S.M.S.A.
construction Beach,Orange and San Diego
S.M.S.A.
Contractors except Within California,but not Area business located,unless
construction San Bernardino,Orange, Los have offices in Riverside-San
Angeles, San Diego S. M.S.A. Bernardino-Ontario S. M.S.A. —
then parity same as Number 2 above.
Contractors except Outside California Principal place of business
construction
Contractors except N/A Local staff parity with Riverside-
construction San Bernardino-Ontario S. M. S. A.
Construction N/A Riverside-San Bernardino-Ontario
Contractors S. M.S.A.
GOALS FOR WOMEN IN CONSTRUCTION
On April 17, 1978, the Department of Labor, Office of Federal Contract Compliance Programs established
goals for the participation of women in the construction industry. These goals, which shall apply, to all
work force levels,categories,crafts,skills,and apprenticeships,are the following:
Time Frame Goals (in Percent)
April 1, 1978— March 31, 1979 3.1
April 1, 19713— March 31, 1980 5A0
April 1, 1980—It 31, 1981 6.9
D-1 11C-10
ATTACHMENT 1
Contractor agrees to fully comply with the ?. Vietnam Era Veterans' Readjustment AssF ante
lays and programs (including regulations issued acts of 1372 and 1974, as amended. Pub. L.
pursuant thereto) which are listed following this 92-540Title V, Sec. 503(a), Pubs L, 93 50S_
paragraph. Such compliance is required to the
extent such laws, programs and their regulations Title 11 , Sec. 4032. ( S 135CA 2011-2013j.
are, by their own terms, applicable to thi:. 3. Rehabilitation Act of 1973, as amended
contract. Contractor warrants that he wril3 mare
himself thoroughly familiar with the applicable (Handicapped) Pub. L. 93-112 as amended. f29
provisions of said laws, programs, and regulations I.ISCA 701-7941.
prior to commencing performance of the contract.
Copies of said lavas, programs, and regulations are 4. California Fair Employment Practice Act. Labor
available upon request from the implementing; Code Secs, 1410 et seq.
entity's Contract Compliance Officer. To the
extent applicable, the provisions of said laws, 5. Civil Rights Act of 1964, as-amended (42 l3SCA
programs and regulations are deemed to be a part
2000a to 20001d-6) and Executive Order
of this contract as if fully set forth herein. No, 11246, September 24, 1965,as amended.
In addition, during the performance of this contract, the
contractor agrees as follows:
Equal OppOrtunity Clause
This clause is inserted pursuant to Executive Order union or workers' representative of the
11246 of September 24, 1965, as amended, and Title VII of Contractor's commitments under Section 202 of
the Civil Rights Act of 1964, and is applicable pursuant to 41 Executive Order 11246 of September 24, 1965,
C.F.R.Sec.64-1.4, and shall past copies of the notice in conspicuous
places available to employees and applicants for
(1) The Contractor will not discriminate against any employment.
employee or applicant for employment because of
race, color, religion, sex, or national origin. The (4) The Contractor will comply with all provisions of
Contractor will take affirmative action to ensure Executive Order 11246 of September 24, 1965,
that applicants are employed, and that employees and of the rules,regulations,and relevant orders of
are treated during employment without regard to the Secretary of Labor.
their race, color, religion, sex, national origin.
Such action shall include,but not be limited to the (5) The Contractor will furnish all information and
following: Employment, upgrading, demotion, or reports required by Executive Order 11246 of
transfer; recruitment or recruitment advertising, September 24, 1965, and of the rules, regulations
layoff or termination;rates of pay or other forms and relevant orders of the Secretary of Labor, or
of compensation, ani selection for training, pursuant thereto, and will permit access to his
including apprenticeship. The Contractor agrees to books, records and accounts by the contracting
post in conspicuous places, available to employees agency and tate Secretary of Labor for purposes of
and applicants for" employment, notices to be investigation to ascertain compliance with such
provided by the contracting officer setting forth rules,regulations and orders.
the provisions of this nondiscrimination clause.
(6) In the event of the Contractor's noncompliance
(2) The Contractor will, in all solicitations or with the nondiscrimination clauses of this contract
advertisements for employees placed by or on or with any of such rules, regulations or orders,
behalf of the Contractor, state that aft qualified this contract may be canceled, terminated or
applicants will receive consideration for suspended in whole or in part,acid the Contractor
employment without regard to race, color, may be declared ineligible for further Government
religion,sex,or national origin, contracts in accordance with procedures
authorized in Executive Order 11246 of
(3) The Contractor will send to each labor union or September 24, 1965, and such other sanctions
representative of workers with which he has a may be imposed and remedies invoked as provided
collective bargaining agreement or other contract in Executive Order 11246 of September 24, 1965,
or understanding, a notice to be {provided by the or by rule, regulation or order of the Secretary of
agency contracting officer, advising the labor Labor,or as{otherwise provided by taw.
7} Ilio Contractor will include the provisions that it will furnish the adtLinlFtering
of paragraphs (I) through (7) in every
agency and the Secretary of Labor suet"
Subcontract or purchase order unless information as they may require for the
e�:eflpted by fules, regulations or orders of supervision of such compliance, and that
the Secretary of 1-ahor- issued pursuant to it will otherwise assist tile
Section 204 of Executive Order 11246 of administering agency in the discharge of
September 24, .1985, so that such provisions
the agency's primary responsibility for-
will be binding upon each subcontractor or securint compliance_
vendor. The Contractor will take such
action with respect to any subcontract or Ilse applicant further agrees that it
purchase order as the contracting agency may will refrain from entering into any
direct as a means of enforcing such contract or contract codification
provisions, including sanctions for subject to Executive Order 11246 of
noncompliance. Provided, however, that in September 24, 1965, with a contractor
the -event the Contractor becomes involved
debarred from, or who has not
in, or is threatened with, litigation with a demonstrated eligibility for Government
subcontractor or vendor as a result of such contracts and federally assisted
direction by the contracting agency, the construction contracts pursuant to the
Contractor may request the United States to Executive Order and will carry out such
enter into such litigation to protect the sanctions and penalties for violation of
interests of the United States. the equal opportunity clause as may be
imposed upon contractors and
The applicant further agrees that it will be subcontractors by the administering
bound by the above equal opportunity clause agency or the Secretary of Labor
with respect to its own employment practices pursuant to Part II, Subpart D of the
when it participates in federally assisted Executive Order. In addition, the
construction work: Provided, that if the applicant agrees that if it fails or
applicant so participating is a State or refuses to comply with these
local government, the above equal undertakings, the administering agency
opportunity clause is not applicable to any may take any or all of the following
zgency, instrumentality or subdivision of actionsz Cancel, terminate, or suspend
such government uIrich does not particpate in in u-hole or in part this grant
work on or under the contract. (contract, loan, insurance, guarantee),
refrain from extending any further
The applicant agrees that it will assist and assistance to the applicant under the
cooperate actively with the administering program with respect to which the
agency and the Secretary of Labor in failure or refund occurred until
obtaining the compliance of contractors and satisfactory assurances of future
subcontractors with the equal opportunity compliance ahs been received from such
clause and the rules, regulations, and applicant, and refer the case to the
relevant orders of the Secretary of Labor, Department of Justice for appropriate
that it will furnish the administering legal proceedings.
agency and the Secretary of Labor in
obtaining the compliance of contractors and In addition to the above, Contractor
subcontractors with the equal opportunity will furnish all information and reports
clause and the rules, regulations, and required by Executive Order No. 11246 a'
relevant orders of the Secretary of Labor, September 24, 1965 to the implementing'
entity's Contract Compliance Office.
Affirmative Action for Disabled Veterans
and Veterans of the Vietnam Era
This clause is inserted pursuant to Executive Order Or transfera recruitment, advertising, layoff or
11701 of January 24, 1973 and the Vietnam Era Veterans termination, rates of pay or other forms of
Readjustment Assistance Acts of 1972 and 1974 (P.L 92-540, compensation, and selection for training, including'
93-508),and is applicable pursuant to 41 CFR Sec.60-250, apprenticeship-
(1) The Contractor will not discriminate against any (2) The Contractor agrees that all
employee or applicant for employment because he employment openings of the Contractor Which
or she is a disabled veteran or veteran of the exist at the time of the execution of this contrzct
Vietnam Era in regard to any position for which add those which occur during the perfcrrnance of
the employee or applicant for employment is this contract.including those not generated by this
qualified The Contactot agrees 10 take Contract and including cccv�ring at z.-r
affirmative action tO Cn"Ploy. advance in eszabl-shment of the Con.racto, eth
er n)ar-f tn.,,
employment and otherwise treat qualified disabled 09-re "�hcfelrl the contract, is being i.erforrrfed-
veterans Ind veterans of the Vietnam Era%vithont excluding those of independently opera`
Gfiscrimination based upon Their disability or c0,-P0f3lC affiliates, Shalt be listed at
veterans S,3triS in all ernployropnt practices inchas appopriate local oincr of th- Sate ernptoyrnz"
the following: criployment, upgrading, olern(-,r`0,1 service lystem wherein tht coening ocrurs'
D—I 11c-12
Contractor 'further agrees to provide such reports (6) Ti-n-, clause does not apply to the listing of
to such local office regarding employment employment openings which occur and are filled
openings and hires as may be required. outside of the 50 States.the District of Cclumbia,
Puerto Rico,Guam and the Virgin Islands.
(3) Listing of employment openings with the
employment service system pursuant to this clause (7) The provisions of paragraphs (2), (3), (4) and (cS)
shall be made at least concurrently with the use of of this clause do not apply to openings which -he,
any other recruitment source or effort and shall Contractor proposes to fill from vvithin his own
involve the normal obfifiations which alTach to the organization or to fill pursuant to a customary and
placing of a bona fide job order, including the traditional employer- union hiring arrangement.
acceptance of referrals of veterans and
nonveterans. The listing of employment openings This exclusion does not apply to a particular
does not require the hiring of any particular job opening once an employer decides to consider
applicant or from any particular group of'job applicants outside of his own organization or
applicants, and nothing herein is intended to employer-union arrangement for that opening.
relievethe Contractor from any requirements in
Executive Orders or regulations regqrding (8) As used in this clause:
nondiscrimination in employment.
"All suitable employment openings"`
(4) The reports required by paragraph (2) of this includes, but is not limited to, openings which
clause shall include, but not be limited to, periodic occur in the following job categories: production
reports which shall be filed at least quarterly-with and nonproduction;plant and office: laborers and
the appropriate local office or, where the mechanics: supervisory and nonsupervisory:
Contractor has more than one hiring location in a technical: and executive, administrative and
State, with the central office of that State professional openings as are compensated on a
employment service. Such reports shall indicate salary basis of less than 525,000 per year. This
for each hiring location, (a) the• number of term includes full-time employment, temporary
individuals hired during the reporting period, employment of more than three (3)days duration,
M the number of nondisabled veterans of the and part-time employment. It does not includf
Vietnam Era hired, Wthe number of CisableLc: openings which the Contractor proposes to fill
veterans of the Vietnam Era hired, and (d}the from vvithin his own orcam=ion or to fill
total number of disabled veterans hired. The pursuant to a customary and traditi6nal
reports shall include covered veterans hired for employer- union hiring arrangement nor openinas,
on-the-job training under 33 USC Sec. 1787, The in an educational institution which are restricted
Contractor shall submit a report within thirty (30) to students of that institution, Under the most
days after the end of each reporting period compelling circumstances an employment opening
wherein any performance is made on this contract may not be suitable for listing, including such
identifying data for each hiring location. The situations where the needs of the Government
Contractor shall maintain at each hiring location, cannot reasonably be otherwise supplied, where
copies of the reports submitted until the listing would be contrary to national security, or
expiration of one year after final payment under where the requirement of listing %,vould other.-.ise
the contract. during which time these reports and not be for the best interest of the Government.
related documentation shall be made available,
upon request, for examination by any authorized (b) —Appropriate office of the SZ-3te
representatives of the contracting officer or of the employment service system" means the locsf
Secretary of Labor. Documentation would include office of the Federal- State national system of
personnel records respecting job openings, public employment offices with assigned
recruitment and placement responsibility for serving the area Where the
employment opening is to be filled, including the
(SiWhenever the Contractor becomes contractually District of Columbia. Guam, Puerto Rico and .he
bound to the listing provisions of this clause, it V49'n Hands.
shall advise the employnent service system, in each
State where it has establishments of the name and
(c) "Openings which the Contractor proposes to
location of each hiring location in the State. As fill from within his own organizatl-3�1— means
long as the Contractor is contractually bound to employment openings for which no consc(Jeeriticn
these provisions and has so advised the State will be 017en to persons outside the ContraCtor's
system, there is no need to advise the State systern orc3n;zation (including any affiliates, subsidiaries
of subsequent contracts. The Contractor may and the parent companies) and iri6udes any
advise the State system when it is no longer bound openings which the Contractor prcPo-,es to 6H
by this contract clause. from regularly established "recall-lists.
D-1 11c-13
(d; "Openings which the Contractor pro;:.,)o-1_s ic, action to ie:npoy zrnc
fill pursuant to a customary and traditional employment qualified disabled veterans and
employer- union hiring arrangement— means veterans of the Vietnam Era for employment. and
employment openlric„ which the Contractor the rights of applicants and employees,
proposes to fill from union halls, which is part of
the Customary and traditional hiring relationship (12) The Contractor will notify each labor union or
which exists betvveen the Contractor and representative of workers with which it has a
representatives of his ernPlOYees- collective bargaining agreement or other contract
understanding, that the Contractor is bound by
(9) The Contractor agrees to comply with the rules, the terms of ' the Vietnam Era Veterans'
regulations and relevant orders of the Secretary of Readjustment Assistance Act, and is committed to
Labor issued pursuant to the Act- take zffirma64e action to employ and advance in
employment qualified disabled veterans and
V0) In the event of the Contractor's noncompliance veterans of the Vietnam Era.
with the requirements of this Clause, actions for
noncompliance may be taken in accordance with (131 The Contractor will include the provisions of this
the rules, regulations and relevant orders of the clause in-every subcontract or purchase order 0;
Secretary of Labor issued pursuant to the Act. S10,000 or more unless exempted by rules,
regulations or orders of the Secretary issued
(11 The Contractor agrees to post in conspicuous pursuant to the Act,so that such provisions will be
places, available to employees and applicants for binding upon each subcontractor or vendor. The
employment, notices in a form to be prescribed by Contractor will take such action with respect to
the Director, provided by or through the any subcontract or purchase order as Th'e Director
contracting officer. Such notices shall state the of tile Office of Federaf Contras[ Comptiance
Contractor's oblication under the lavv to take Proorams may direct to enforce such provisions,
including action for noncompliance,
Affirmative Action for Handicapped Workers
This clause is inserted pursuant to the Rehabilitation Act employment, notices in a form to be prescribed by
of 1973 (PL.93-112)and 41 C1_ri `rt 60-7/41-4, the Director, provided by or through -he
contracting officer. Such notices she;t state the
(1) The Contractor will riot discriminate against any Contractor's obligation under the law' to take
employee or applicant for employment because of affirmative action to employ and advance in
physical or mental handicap in regard to any employment qualified handicapped employees and
position for which the employee or applicant for applicants for employment, and the rights of
employment is qualified. The Contractor agrees to applicants and employees.
take affirmative action to employ, advance-in
employment and Otherwise treat qualified (5) The Contractor will notify each labor union or
handicapped individuals without discrimination representative of workers with which it has a
based upon their physical Or rnental handicap in all collective barcaining agreement or other cc,,-tract
employment practices such as the following- understandino, that the Contractor is bound by
employment, upgrading, demotion or transfer, the terms of Section 503 of the Rehabi!itazl'son Act
recruitment, advertising, layoff or termination, of 1973, and is committed to take affirmative
rates of pay or other forms of compensation, and action to employ and advance in employarnent
selection for training, including apprenticeship. physically and mentally handicapped individua!5.
(2) The Contractor agrees 10 comply with the rules, (6) The Contractor will include the provisions of this
regulations and relevant orders of the Secretary of clause in every subcontract or purchase order of
Labor issued pursuant to the Act- S2,500-00 or more unless exempted by rules,
regulations or orders of the Secretary issued
(3) In the event of the Co(1,,r3c-,ors noncom plianCc pursuant to Section 503 of the Act, so that su-0i
with the requirements Of this clause, actions for provisions will be binding upon eadh
noncompliance may be taken if' accordance vt'th 5u t�cori tractor or vendor.The Ccnrr,,,C'or lov;lf take
the rules, regulations and refevant orders of the such action with respect to any subcontract or
Secretary of Labor issued pursuant to the Act. purchase order as the Director of the OfIfce of
Federal Contract Compliance Programs may direct
(4) The Contractor agrees to post in conspicuous to enforce such provisions, including action for
places, available to erriployres and applicants for noncompliance.
D-1 11c—1.4
AFFIRMATIVE ACTION POLICY FOR CONTRACTORS AND VENDORS
Name of Contractor
adopts this plan to affirm its support of a program of equal employment opportunity, and to assure
compliance with Executive Orders 11246 and 11375, Title V11 of the Civil Rights Act of 1964, Section 503 of
the Rehabilitation Act of 1973; the California Fair Employment Practice Act, and the implementing entity's
Affirmative Action Compliance program. This contractor agrees to assert leadership within the community
and to put forth good faith efforts to achieve full employment and utilization of the capabilities and
productivity of all our citizens without regard to race, age, color, sex, religion, ancestry, national
origin, marital status, or handicap.
This contractor further recognizes that the effective application of a policy of equal employment opportunity involves more
than just a policy statement and will, therefore, undertake affirmative action to make known that equal opportunities are
available on the basis of individual merit,and to encourage advancement on this basis.
The following Affirmative Action Program is hereby established as the policy and practices of our company:
Instructions: Indicate your policy by circling the applicable letter to the left of each item below.The letters
are to be interpreted as follows:
A. This is now a practice of our Company.
B. Our Company will adopt this policy.
Q Our Company cannot or will not adopt this policy.
If"C"is circled,explain reason. Use separate sheet if additional space is needed.
Circle
One Items
1. Our company shall recruit and hire all employees without regard to race, age, color, sex,religion, ancestry,
A national origin, marital status or handicap, and will treat all employees equally in respect to compensation
and opportunities for advancement, including upgrading and promotion.
B
C Explain --C--
2. Our company will actively use.recruitment sources such as employment agencies,unions, and schools which
A have a policy of referring applicants on a nondiscriminatory basis.
C Explain "C"
3. Our company will disseminate its affirmative action policy externally by informing and discussing it with all
A recruitment sources, by advertising in news media, specifically including minority news media, and by
notifying and discussing the policy with all local minority, handicapped and women's organizations and
subcontractors and shall maintain records of the organizations'responses.
C Explain —C-
4. Our company shaft make specific and constant personal, written, and oral recruitment efforts directed at all
A local minority, handicapped, and women's organizations, inciuding schools. recruitment and training
oroanizations.
8
C Explain --C--
TT-1
Circle Items
One
5. Our company shall make specific efforts to encourage present minority, handicapped and women employees
A to recruit their friends and relatives whose status also comes under that of minority,handicapped or women.
C Explain "C"
6. Our company will maintain a file of the names and addresses of each minority applicant and female
A applicant referred to the company for hiring, and if the applicant is not considered for employment or was
not employed,the company's file should document this and the reasons therefor.
8
C Explain --c-
7. Our company-shall notify the County's Contract Compliance Coordinator when the union or unions with
A whom our Company has a collective bargaining agreement have not referred to the company a—rhTnority,
handicapped, or female worker sent for by the company or the company has other information that the
B union referral process has impeded-the-company's effort to meet the established goals of affirmative action.
C Explain "C"
S. Our company will actively take steps to integrate any positions, departments or plant locations which have
A no women or minorities or are almost staffed with one particular group.
B
C Explain —C-
9. Our company shall insure that all employee specifications, selection requirements,tests,and other employee
A recruitment or evaluation procedures do not discriminate against minorities, handicapped.or women.
C Explain—C-
10. Where reasonable,our company shall develop or finance on-the-iob training opportunities and participate and
A assist in any association or employee group training programs relevant to the company's employee needs.
B
C Explain --c-
11. Out company shall continually inventory and evaluate all minority, handicapped, and female personnel for
A promotion opportunities and encourage minority and female employees to see such opportunities.
B
C Explain
Circle
Items
12. Our company shall make sure that seniority practices, job classifications, rates of pay, and other forms Of
A compensation, and other employee practices and classifications do not have an unlawfully discriminatory
effect on handicapped, minority or female employees.
6
C Explain "C"
13. Our company will make certain that all facilities normally used concurrently by all company activities are
A nonsegregated.
B
C Explain-C-
14.Our company shall make certain that all subcontractors are in compliance with the
A Affirmative Action Compliance Plan of the implementing entity, and that all project
subcontractors have an approved Affirmative Action Plan.
B
C Explain "C"
15. Our company shall solicit bids for subcontracts from minority subcontractors and female subcontractors
A subject to availability.
B
C Explain "C"
16. Our company shall make every effort to provide after school,summer and vacation employment to minority
A youths.
B
C Explain "C,
17. Our company shall continually monitor all personnel activities to insure that the
A implementing entity's Affirmative Action Policy for Contractors and Vendors is carried
out.
6
C Explain"C"
Date
1 arta
Executed at
T)—i City/7-0 Wo T I 17 Seat--
. ~
"SECTION 3"
3-2.2 Employment opportunities for businesses and lower income persons in connection
with assisted projects.
Assurance of compliance with regulations.
(A) Every contract or agreement for a QnlnL, loan, subsidy, Or Other direct
financial assistance in aid of housing, urban planning, development, re-
development, or renewal , public Or community facilities and new community
development, entered into by the Department of Housing and Urban Develop-
ment with respect to 8 section 3 covered project shall contain provisions
requiring the applicant or recipient to Carry out the provisions Of section
3, the regulations Set forth in this part, and any applicable rules and
Orders Of the Department issued thereunder prior to approval Of its
application for assistance for a section 3 covered project.
(B) Every applicant, recipient, contracting party, contractor, and subcontractor
shall incorporate, Or cause to be incorporated, in all contracts for work
in connection with a section 3 covered project, the following clause
(referred to as section 3 clause) :
u' The work to be performed under this contract is on a project
assisted Under a program providing direct Federal financial
assistance from the Department of Housing and Urban Develop-
ment and is subject to the requirements Of section 3 Of the
Housing and Urban Development Act of 1968, as amended, 12
U.S-C. I70Iu' Section 3 required that to the greatest extent
feasible Opportunities for training and employment be given
lower income residents Of the project area and contracts for
work in connection with the project be awarded to business
concerns which are located Or Owned in substantial part by
persons residing in the area of the project.
b' The parties to this contract will comply with the provisions
of said section 3 and the regulations issued pursuant thereto
by the Secretary Of Housing and Urban Development set forth to
24 CFR 135, and all applicable rules and Orders of the Depart-
ment issued thereunder prior to the execution of this contract.
The parties to this contract certify and agree that they are
under no contractual Or other disability which would prevent
them from complying with these requirements'
C. The contractor will send to each labor organization Or rep-
resentative of workers With Which he has a collective bargaining
agreement or Other contra-It Or understanding, if any, a notice
advising the Said labor organization or workers' representative
of his commitments Under this section 3 clause and shall post
copies of the notice in conspicuous places available to employees
and applicants for employment or training.
D-1 lZd-1
d. The contractor will include this section 3 clause in every
subcontract for work in connection with the project and will ,
at the direction of the applicant for or recipient of Federal
financial assistance, take appropriate action pursuant to the
subcontract upon a finding that the subcontractor is in viola-
tion of regulations issued by the Secretary of Housing and
Urban Development, 24 CFR 135. The contractor will not sub-
contract unless the subcontractor has first provided it with a
preliminary statement of ability to comply with the requirements
of these regulations.
e. Compliance with the provisions of section 3, the regulations
set forth in 24 CFR 135, and all applicable rules and orders
of the Department issued thereunder prior to the execution of
the contract, shall be a condition of the Federal financial
assistance provided to the project, binding upon the applicant
or recipient for such assistance, its successors and assigns.
Failure to fulfill these requirements shall subject the applicant
or recipient, its contractors and subcontractors, its successors,
and assigns to those sanctions specified by the grant or loan
agreement or contract through which Federal assistance is pro-
vided, and to such sanctions as are specified by 24 CFR 135.
D-I Ild-2
FORM OF BID BOND
KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned,
as Principal , and
as Surety, are hereby and firmly bound unto
as owner in the penal sum of
for the payment of which, well and truly to be made, we hereby jointly and severally
bind ourselves, our heirs, executors, administrators, successors and assigns.
Signed this day of , 19
The condition of the above obligation is such that whereas the Principal has submitted
to a certain Bid, attached hereto and hereby
made a part hereof to enter into a contract in writing, for the
NOW, THEREFORE,
a. If said Bid shall be rejected, or in the alternate,
b. If said Bid shall be accepted and the Principal shall execute and
deliver a contract in the form of contract attached hereto (prop-
erly completed in accordance with said Bid) and shall furnish a
bond for his faithful performance of said contract, and shall in
all other respects perform the agreement created by the acceptance
of said Bid,
then this obligation shall be void; otherwise, the same shall remain in force and
effect; it being expressly understood and agreed that the liability of the Surety for
any and all claims hereunder shall , in no event, exceed the penal amount of this ob-
ligation as herein stated.
The Surety, for value received, hereby stipulates and agrees that the obligations of
said Surety and its bond shall be in no way impaired or affected by any extension of
the time within which the Owner may accept such Bid; and said Surety does hereby
waive notice of any such extension.
D-1 Ma-1
IN WITNESS WHEREOF, the Principal and the surety have hereunto set their hands
and seals, and such of them as are corporations have caused their corporate
seals to be hereto affixed and these presents to be signed by their proper
officers, the day and year first mentioned.
P r i n Z-1-P a-1
By:
SEAL
D-1 Ma-2
PROVIDED,- FURTHER, that no final settlement between the Owner and the Contractor
Shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied_
IN WITNESS WHEREOF, this instrument is executed in six (G) counterparts, each one
Of which shall be deemed an original , this the day of
19 ,
ATTEST:
Principal
(Principal) Secretary
(SEAL) By:
Witness as to Principal
Address
Surety
ATTEST:
By:'
(Surety) Secretary
(SEAL
Witness as to Surety (Address)
Address
NOTE: Date Of Bond must not be prior to date of ("oOtract.
D-1 HIb-2
FORM OF PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS: That we
- a
hereinafter called "Principal" and
of , State of
hereinafter called the "Surety", are held and firmly bound unto
of hereinafter called "Owner" in the penal sum of
dollars ($ ) in lawful money of
these United States, for the payment of which sum well and truly to be made, we
bind ourselves, our heirs, executors, administrators and successors, 'Jointly and
severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such that Whereas, the Principal entered
into a certain contract with the Owner, dated the - day of
5 19 , a copy of which is hereto attached and made a
part hereof for the construction of:
NOW, THEREFORE, if the Principal shall well , truly and faithfully perform its
duties, all the undertakings, covenants, terms, conditions, and agreements of said
contract during the original term thereof, and any extensions thereof which may be
granted by the Owner, with or without notice to the Surety, and if he shall satisfy
all claims and demands incurred under such contract, and shall fully indemnify and
save harmless the Owner from all costs and damages which it may suffer by reason
of failure to do so, and shall reimburse and repay the Owner all outlay and expense
which the Owner may incur in making good any default, then this obligation shall be
void; otherwise, to remain in full force and effect.
PROVIDED, FURTHER that the said Surety, for value received hereby stipulates and
agrees that no change, extension of time, alteration or addition to the terms of
the contract or to the work to be performed thereunder or the specifications ac-
companyinq the same shall in anywise affect its obligation on this bond, and it
does hereby waive notice of any such change, extension of time, alteration or ad-
dition to the terms of the contract or to the work or to the specifications.
D-1 IIIb-2
FORM OF LABOR AND MATERIALS BOND
KNOW ALL MEN BY THESE PRESENTS: That we
a hereinafter
called "Principal" and State of
hereinafter called the "Surety", are held and firmly bound unto
hereinafter called "Owner", in the penal sum of
dollars in lawful money of these United States,
for the payment of which sum well and truly to be made, we bind ourselves, our heirs,
executors, adminstrators and successors, jointly and severally, firmly by these
presents.
THE CONDITION OF THIS OBLIGATION is such that Whereas, the Principal entered into a
certain contract with the Owner, dated the day of
19 a copy of which is hereto attached and made a part hereof for the
construction of:
NOW, THEREFORE, if the Principal shall promptly make payment to all persons, firms,
subcontractors, and corporations furnishing materials for or performing labor in the
prosecution of the work provided for in such contract, and any authorized extension
or modification thereof, including all amounts due for materials, lubricants , oil ,
gasoline, coal and coke, repairs on machines, equipment and tools, consumed or used
in connection with the construction of such work, and all insurance premiums on said
work, and for all labor, performed in such work whether by subcontractor or other-
wise, then this obligation shall be void; otherwise to remain in full force and effect.
PROVIDED, FURTHER, that the said surety, for value received hereby stipulates and
agrees that no change, extension of time, alteration or addition to the terms of the
contract or to the work to be performed thereunder or the specifications accompanying
the same shall in anywise affect its obligation on this bond, and it does hereby
waive notice of any such -change, extension of time, alteration or addition to the
terms of the contract or to the work or to the specifications.
PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor
shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.
D-1 111C-1
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^ �
IN WITNESS WHEREOF, this instrument is executed in six '8\ counterparts, each one
of which shall be deemed an original ~ this the day of
19 .
ATTEST:
Principal
(Principal ) Secretary
(SEAL) By:
Witness as to Principal
Surety
ATTEST:
(Surety) Secretary
(SEAL) By:
Witness as to Surety -�—Ad`dress)
D-1 ZIIo-1
U,S_ Department of Housing and Urban Development
CERTIFICATE OF OWNER'S ATTORNEY
I. the undersigned, the
duly authorized and acting legal representative of
do hereby certify as
follows:
I have examined the attached contract(s) and surety bonds and the mangler
of execution thereof, and I am of the opinion that each of the aforesaid
agreements has been duly executed by the proper parties thereto acting
through their duly authorized representatives; that said representatives
have full power and authority to execute said agreements on behalf of the
respective parties named thereon; and that the foregoing agreements consti-
tute valid and legally binding obligations upon the parties executing the
same in accordance with terms, conditions and provisions thereof.
Date:
1 -1 Tild
RT I- I C T!01'NT tai- COMIP L I E i A N'D 111"A'fE,4.12 ACTS
(Applicable to Federally assisted construction contracts
and related Subcontracts exceeding 5100 , 000)
During the Performance of this contract , the contractor and all
subcontractors shall comply with the requirements of the Clean
Air Act, as amended, 42 USC 1887 et sea . , the Federal Water
Pollution Control Act, as amended, 33 USC 125I et seq- , and the
regulations of the Environmental Protection Agency with respect
thereto , at 40 CFR Part 15 , as amended.
In addition to the foregoing requirements , all nonexempt contractors
and subcontractors shall furnish to the owner , the following :
(1) A stipulation by the Contractor or subcontractors , that any
facility to be utilized in the performance of any nonexempt
contract or subcontract , is not listed on the List of
Violating Facilities issued by the Environmental Protection
Agency (EPA) pursuant to 40 CFR 15. 20.
(2) Agreement by the contractor to comply with all the requirements
of Section 114 of the Clean Air. -Act , as amended, (42 ,USC
1857c-8) and Section 308 of the Federal 11,r'ater Pollution Control
Act, as amended, (33 USC 1318) relating to inspection, monitoring ,
entry, reports and information, as well as all other requirements
specified in said Section 114 and Section 308, and all. regulations
and guidelines issued thereunder.
(3) A stipulation that as a condition for the award of the contract ,
prompt notice will be .given of any notification received fron,
the Director , Office of i' Federal Activities , EPA, indicating
that a facility utilized, or to be utilized for the contract ,
is under consideration to be listed on the EPA List of Violating
Facilities .
(4) Agreement by the Contractor that he will include, or cause to
be included, the criteria and requirements in paragraph (1 )
through (4) of this section in every nonexempt subcontract
and requiring that the Contractor will take such action as
the Government may direct as a means of enforcing such pro-
visions-
D-1 IV-a
SAN BERNARDINO COUNTY
DEPARTMENT OF ECONOMIC AND COMMUNITY DEVFJ40PMF-NT
RESTRICTIONS ON PUBLIC BUILDINGS AND PUBLIC WORKS PROJECTS
(A) Definitions. "Component" as used in this clause means those articles,
materials, and supplies incorporated directly into the product.
"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--
(1) If 50 percent or more of the Contractor or subcontractor is owned by a
citizen or a national of the foreign country;
(2) If the title to 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 or 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 of a 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 of 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 citizens 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
participant 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.
"Product", as used in this clause, means construction materials--i.e. articles,
material 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
eq
,uipment- in determining the origin of a product
(Insert name of contracting agency) will consider a 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 mined, produced or manufactured in the foreign
country exceed 50 percent of the cost of all its components-
(b; Restrictions. The contractor shall not ( 11 1,nowingly enter into any
S"Libconfrac t under this contract with a subcontractor of a fore an country incluaed
D-1 IVC-1
ort the I ist of countries that discriminate against U.S. Arms published by the
United States Trade Representative (see paragraph (c) of this clause), or (2)
supply any product under this contract of a country included on the list of
foreign countries brat d-iscriminate against U.S. firms published by the USTR.
(c) USTR list. The USTR published an initial listing the Federal Register on
December 30, 1987 (53 FR49244) , which identified one country--Japan. The USTR can
+-
�
add other countries to the list or remove countries from it in accordance V;11h
section 109(c) of Pub. L 100-202.
(d) Certification. The Contractor may rely upon the certification of a
prospective subcontractor that it 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 contract are not products of a foreign country
included on the list of foreign countries that discriminate against U.S. published
by the USTR unless such Contractor has knowledge that the certification is
erroneous.
(e) Subcontracts- The Contractor shall incorporate this clause, modified only for
the purpose of properly identifying the parties in all subcontracts. This
paragraph (e) shall! also be incorporated in all subcontract-s-
BTUILDRIES.DOC
D-I IVc-2
�
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s °
Director Date:
Department Of Economic and
Community Development
474 West Fifth Street
San Bernardino, CA 92415-0040
RE: REQUEST FOR APPROVAL
PROJECT ACTIVITY NAME:
Case Number:
Activity Location:
The hereby requests approval to
ISSUE: [ l A REQUEST FOR PROPOSAL FOR CONSULTANT SERVICES
[ 7 AN INVITATION TO BID FOR CONSTRUCTION SERVICES
[ l A CONTRACT CHANGE ORDER
^-
AWARD F l A CONSULTANT SERVICES CONTRACT
[ l A CONSTRUCTION SERVICES CONTRACT
[ l SOLE SOURCE PROCUREMENT
[ � PURCHASE ORDER
Name of Contractor:
Address:
Contact Person:
Amount of Contract/Change Order:
Subcontractors: F l List Atttached [ l No Contractors
The following materials and documentation are submitted for review and
approval :
D-2
_
L: K,
Director Date:
Department of Economic and
Conmun i ty Development
474 West Fifth Street
Sari Bernardino, CA 92415-0040
RE: MONTHLY PROJECT STATUS REPORT
Implementing Entity:
Project/Activity Name:
Case Number:
Current Status:
Obstacle(s) Encountered:
Up-coming Actions):
Assistance Deeded:
Signature of CDBC Coordinator/Contact Date
D--S
Record of oepatlm4nl of Housing
and Urban Development
Employee Interview ir
Labor Standards OMB Approval No- 2501-0009(C-Xp-(4-30-88)
Pfojocl Name
1, Name of Employ**
Z Home Address and Zip Code
3, Last Date You Worked on Number of Hours Worked
Project Before Today? on Project on that Date?
4. your Hourly Pay Sale?
5, Your Job Classification(s)? "o
Appr—i-TE
6, Your Duties?
7. Tools;or Equipment Used?
8. paid at Least Time and One-Halt for All Hours Yes No
Worked in C-rrcess of 40 In a Week? '
(ttovert,irne premium pay is not required.enter-inapplicsWeI
9. Ever Ttweaterred.Irditnidated.or Coerced into
Giving Up Any Part of Pay?
M Duties Observed by Inte(vie-ar
Yes fdo
Conform to Classification:
11. siemati(s(Continue on reverse If nocessaryl
S+gnarurool tatenofewet Date of tatervie-
Payroll Examination
13, Remarks(Grialin.4or.reverse if nqceslery)
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CONTRACTOR'S CERTIFICATION OF COMPLIANCE
WITH DAVIS-BACON AND
RELATED ACT REQUIREMENTS
1, 1 as Prime Contractor for Project
# hereby make the following certification and acknowledgement
with respect to the applicability of Davis-Bacon and Related Acts Requirements:
1) By entering into this contract, I certify that I acknowledge that the above
referenced project is federally funded and I am solely responsible for
complying with the Davis-Bacon and Related Acts Requirements; and,
2) The prime contractor and all subcontractors are required to pay their laborers
and mechanics employed under this contract, a wage not less than the highest
wage applicable to their work classifications, as specified by the current and
applicable Federal Wage Determination. If no Federal work classification
appears to apply, prime contractor shall make written request to County to
obtain applicable work classifications and wage rates prior to start of
construction. When the same classification appears in both the Federal and
State wage decisions, the higher wage must be paid for that classification.
The prime contractor is responsible for ensuring subcontractor compliance with
Davis-Bacon and Related Acts Requirements.
Signature, Prime Contractor
Title
Date
D-7