HomeMy WebLinkAboutContracts & Agreements_47-1997_CCv0001.pdf MINUTES OF THE BOARD OF SUPERVISO
OF SAN BERNARDINO COUNTY, CALIFOR
June 17, 1997
FROM: THOMAS R. LAURIN, DIRECTOR CITY MANAGER
. .
DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT
SUBJECT: 1997-2000 COMMUNITY DEVELOPMENT BLOCK GRANT CITY-COUNTY
DELEGATE AGENCY AGREEMENTS
RECOMMENDATION: Approve Community Development Block Grant (CDBG) City-County Delegate
Agency Agreements for fiscal years 1997 through 2000, between the County and each of the following
fourteen (14) Cooperating Cities:
CITY AGREEMENT NO. CITY AGREEMENT NO.
Adelanto 97-419 Loma Linda 97-426
Barstow 97-420 Montclair 97-427
Big Bear Lake 97-421 Needles 97-428
Chino Hills 97-422 Redlands 97-429
Colton 97-423 Twentynine Palms 97-430
Grand Terrace 97-424 Yucaipa 97-431
Highland 97-425 Yucca Valley 97-432
BACKGROUND INFORMATION: On June 25, 1996, the County executed a Cooperation Agreement with
each of the above fourteen cities for joint participation in the County's CDBG Program for program years
1997-2000. 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, and to satisfy CDBG Regulation 24 CFR570.503, Agreements with Subrecipients, it is
necessary to enter into a Delegate Agency agreement with the Cooperating Cities. Under this agreement,
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.
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.
REASON FOR RECOMMENDATION: CDBG Regulation 24 CFR570.200(F), Agreements with Public
Entities, and County of San Bernardino Standard Policy No. 11-10, require Board of Supervisors' approval
of agreements.
REVIEW BY OTHERS: These agreements were approved by the City Councils of the fourteen
Cooperating Cities; by Deputy County Counsel Michelle Blakemore on June 5, 1997; Risk Management
(Pamela Thompson) on April 22, 1997; and the Department of Economic and Community Development's
Contract Compliance designee (David Larsen)on June 5, 1997.
cc: ECD-Tom Laurin w/agreement Action of the Board of Supervisors
City w/agreement c/o ECD APPROVED• o*aD OF SUPERVISORS
Auditor w/agreement
Contract Compliance w/agree. COUNTY OF SAH, .•WNARDINO
Risk Management MOTION
PSG _ AYE AYE
- .. 3'•1. 4 5
File w/agreement ` s"xxT'•^ , •- r'
EARLENEAP OAT, 1' aTli$ B RD
BY
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DATED : Jun
14-9507-000 -1? l lti[]�-`��
Rev.01196 ITEM 034
FOR COUNTY USE ONLY
RE New Vendor Code Dept. Contract Number
Change (+ ECDACancel S A
County Department Dept. Orgn. Contractor's License No.
Economic and Community Development ECD PROJ
County Department Contract Representative Ph. Ext. Amount of Contract
THOMAS R.LAURIN 388-0808 N/A
County of San Bernardino Fund Dept. organization Appr. ObjlRev Source Activity GRCIPROJtJOB Number
SBA ECD PROD tot} 2005
FAS
Commodity Code Estimated Payment Total by Fiscal Year
CONTRACT TRANSMITTAL FY Amount 111) FY Amount ltD
Project Name NIA NI/A
1997-2000 CDBG City/County ($
Delegate Agency Agreements -- i
CONTRACTOR Cite of Redlands i
Birth Cate N/AFederal ID No. or Social Security No. N/A
Contractor's Representative Gary Luebbers, City Manager
Address P.O. Box 3005,Redlands,CA 92373 Phone (9{l9} 798-7510
Nature of Contract: (Briefly describe the general terms of the contract)
In compliance with the requirements of Title I of the Housing and Community Development Act of 1974, as amended,the
County executed Cooperation Agreements with fourteen 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 June 15, 1996,when said Agreements were executed for joint participation in the CDBG project for Program
Years 1997 through 2000.
Pursuant to Section 12, Other Agreements, of the Cooperation Agreements, the Delegate Agency Agreements and their
attachments are set forth to fin-then implement the provisions of the Cooperation Agreements. They specify the procedures,
sequences,responsibilities and forms to be used to carry out CDBG activities according to local,state and federal requirements.
The Delegate Agency Agreements are specifically subordinate and supplementary to and concurrent with the Cooperation
Agreements.
(Attach this transmittal to all contracts not prepared on the "Standard Contract" form.)
Ap roved as tq,,Legal Form Reviewed as to Affirmative Action Reviewed for Processing
to
County Counsttl= r Agency AdministratorlCA0
Date i Date Date
02 12794-000 Rev. 11 AO
COMMUNITY DEVELOPMENT BLOCK GRANT
CITY-COUNTY DELEGATE AGENCY AGREEMENT
For Fiscal Years 1997-98, 1998-99, 1999-2000
This Agreement is made and entered into this day of JUN 1997 19
by and
between the COUNTY OF SAN BERNARDINO hereinafter referred to as "COUNTY", and the City of
Redlands, 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 Consolidated Submission of the HUD Housing and Community Development
Grant Programs, hereinafter referred to as "CONSOLIDATED 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 1997-98,
1998-99 and 1999-2000,to which this is a subordinate and supplementary agreement per Section 12(Other
Agreements)of said Cooperation Agreement executed by these parties, dated June 25, 1996;and,
WHEREAS,COUNTY administers a CDBG program in cooperation with fourteen 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 of scale 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:
I '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 CONSOLIDATED 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,
Unless specified otherwise,ECD shall have the authority to represent COUNTY regarding the terms
and conditions of this Contract and the administration thereof.
2. TERM
This Agreement shall become effective starting fiscal year 1997-98 which begins July 1, 1997 and
shall continue in full force and effect through fiscal year 1999-2000 which ends on June 30, 2000.
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 projectslactivities 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.
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. IMPLEMENTATION 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
Delegate Agency Construction Contract Provisions(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. MODIFI CA'
FION OF AUTHORIZED PROJECTS
All modifications to AUTHORIZED PROJECT must be preapproved by COUNTY in order to be
considered a part of AUTHORIZED PROJECT and eligible for reimbursement by COUNTY. 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. CONSOLIDATED PLAN AME—N—D—MENI
Requests by CITY to add, delete or substantially modify an activity listed in CONSOLIDATED
I
PLAN must be made in writing to COUNTY. Requests to add new activity
I ,(ies) must be
accompanied by a CDBG project proposal application.
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Substantial modifications are defined as follows: 1) a net increase of greater than 100% of the
activity allocation listed in a published CONSOLIDATED PLAN; 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 "program administration" activity and
"unprogrammed funds" activity are not subject to the allocation limitations defined herein.
Requests for additions and substantial modifications will be reviewed by COUNTY for eligibility
and compatibility with CONSOLIDATED 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 CONSOLIDATED PLAN.
7. COUN
, TY RESPO NSIBILITIES
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. COMM-UNITY DEVELOPMENT ADM INISTRATO
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
-TITLE:
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 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 that are CITY owned or operated, for the life of the facility, not
less than twenty(20)years.
10. FUNDING LIMITS
CDBG funding of AUTHORIZED PROJECTS is limited to the amount allocated by CITY in
AUTHORIZED PROJECTS 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. WITHHOLDING OF FUNL)S
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
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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 ftinding 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. PROGRAM IN
VOME
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 14,PROGRAM REPORTING,all sources and amounts of program
income on a monthly and year-to-date basis.
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 CONSOLIDATED
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
5
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. CCOUNTING
CITY must establish and maintain on a current basis an adequate accrual accounting system in
accordance with generally accepted accounting principles and standards.
17. AUDIT'S
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
COUNTY's audit responsibilities. COUNTY and its authorized representatives shall, at all times,
have access for the purpose of audit or inspection to any and all 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. MERSION QFASS ETS
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.
M TERMINATION AND TERMINATION COSIS
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
6
24 CFR Part 8 .44,Termination for Convenience. COUNTY ECD is hereby empowered to give
id 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 CF
Dart 85.43,Enforcement,which include temporarily withholding cash,;disallowing nor.-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 goad 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 ACKNQMJ_EDQME_NT
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 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 lamest dollar amount first, the
second largest dollar amount second.,etc.
21. CONTRACT CD PL,IANCE
.CI'T'Y will tape all necessaryaffirmative steps to assure that Minority Business Enterprises(MBE),
Women Business Enterprises( E) and Disabled led Veteran Business Enterprises(D E)are used
when possible in compliance with provisions of Title 24 Code of Federal Regulations fart 85.36
Procurement, CITY agrees that the San.Bernardino County Minority and WomenOwned Business
Enterprise Piuticipation form(Attachment E shall be completed for al l AUTHORIZED PROJECTS.
San Bernardino County has,a goal of 15 percent MBE, 5 percent WBE and 3 percent DVB
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, 113' 5, 11625, 12138, 12432, 122501,
Title VII ofthe Civil Fights Act of 1964,the California Fair Employment Practice Act,California
Public Contracts Code 2000 and the Sari Bernardino County W/DVBE Policy No. 11'-15, as
revised, other applicable Federal,State and County laws,regulations and policies relating to
equal employment and contracting opportunities,including laws and regulations hereafter enacted-
22. AFFIBMA
nacted.22. FFIBMA L E ACTION
CITY shall make every effort to ensure that all projects funded wholly or in part by CDBG funds
shall provide equal employment andc er advancement opportunities for minorities,women and
disabled veterans. In addition, CITY shall snake even=effort to employ residents of the area and
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shall keep a record of CITY staff'positions that have been funded directly by or as a result of this
program-
23. DISCRDMAMN
During the performance of this Agreement;CITY agrees not to discriminate against any contractor
of applicant for employment in performing work because of race,color,religion, sex or national
origin. CITY furthera s to take affirmative action to ensure that its contractors employ and treat
all employees during employment without regard to their race,calor,religion,sex or national origi .
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. S:TA�ARM F!r.QN—DLl T
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 shalt 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 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 CI Y`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 pertnitted by State or local law or regulations,such standards of conduct shall provide
for penalties,sanctions,or rather disciplinary actions for violations of such standards by the CI `s
officers employees,or agents,or by contractors or their agents.
8
25. REI JGIOUS 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. INDEMNIFICATION
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 any 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 any wrongful act or
wrongful omission by COUNTY, its officers, agents and employees.
27. INSURANCE REQUIREMENTS
In order to accomplish the indemnification provision of Section 26, Indemnification, 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 type of insurance with limits as shown. Said policies shall add
as insureds the COUNTY, its elected officials,officers,employees and agents for all liability arising
from AUTHORIZED PROJECTS.
Workers' Compensation - A program of Worker's 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 Employees Liability with$250,000
limits, covering all persons providing services on behalf of CITY and all risks to such
persons under this Contract.
CompreheLisive Qeneral and Automobile Liability Insuranc.4g: - 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).
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Errors gp .omissions Liability Insurance-Combined single limits of$1,000,000 for bodily
injury and property damage and $3,000,000 in the aggregate or
Professional Liability-Professional liability insurance with limits of at least$1,000,000 per
claim or occurrence.
Additional Named Insured - All policies, except for Workers' Compensation, Errors and
Omissions and Professional Liability policies,shall contain additional endorsements naming
COUNTY and its officers,employees,agents,and volunteers as additional named insured
with respect to liabilities arising out of the performance of services hereunder.
Waiver of Subrogation Rights-Except for Errors and Omissions and Professional Liability,
CITY shall require the carriers of the above required coverage to waive all rights of
subrogation against COUNTY, its officers, employees, agents, volunteers,contractors and
subcontractors.
Policies Primary and Non-Contributory-All policies required above are to be primary and
non-contributory with any insurance or self-insurance programs carried or administered by
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.
29. AMENDMENTS: 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,addition 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.
10
IN WITNESS WHEREOF,the parties have caused this Agreement to be executed as of the day and
year first written above.
COUNTY OF SAN BERNARDINO CITY OF REDLANDS
By: Y:
Chairm4/Bo of Supervisors Swen La son
Title: Mayor
JUN 17 1997
Dated: May 20, 1997
APPROVED AS TO FORM. THE TERMS ATTEST:
AND PROVISIONS OF THIS AGREEMENT
ARE FULLY AUTHORIZED UNDER STATE By-X&����
AND LOCAL LAW AND THIS AGREEMENT BeatrLce Sanchez
PROVIDES FULL LEGAL AUTHORITY
FOR COUNTY TO UNDERTAKE OR
ASSIST IN UNDERTAKING ESSENTIAL Title: Deputy City Clerk
COMMUNITY DEVELOPMENT AND
HOUSING ASSISTANCE ACTIVITIES,
SPECIFICALLY URBAN RENEWAL AND Dated: May 20, 1997
PLICLY ASSISTED HOUSING.
By:
County sel APPROVED AS TO FORM
By: — — —
City Attorney
Dated:
SIGNED AND CERTIFIED THAT A COPY OF
THIS DOCUMENT HAS BEEN DELIVERED
TO THE CHAIRM BOARD
EARLEZ'
OAT
Al
Clerk rs
of th W1tvo Bei
By:
L)ep*-
AGMTS/97/DAGENCY.AGT
4/29/97/DT/bij
ATTACHMENT A-_REQUEST TO INITIATE PROJECTIACTIVITY
PROJECT NUMBER: PATE OF ORIGINAL ISSUE:
CASE NUMBER: ORIGINAL: RE-VISION
JARGET AREA: DATE QE REVISION:
Pursuant to the terms of the Delegate Agency Agreement between the Department of Economic and Community
Development(ECD)and the CITY OF dated ,ECD hereby requests that the
following projectlactivity be initiated. There will be no changes in Project/Activity Title,Activity Budget(Attachment A)
or in the Activity Description(Attachment B)without written approval of the Director of the Department of Economic and
Community Development.
PROJECT/ACTIVITY TITLE:
ACTIVITY LOCATION: TOTAL PROJECT FUNDING: $
CITY CDBG ALLOCATION
RELEASED. $
CITY CDBG FUNDS EXPENDED
AS OF: $
DATE OF RELEASE OF FUNDS:
BALANCE OF FUNDS AVAILABLE:
SCHEDULE OF CITY CDBG ALLOCATION:
Years 1-17 Year 18 Year 19 Year 20 Year 21 Year 22 Year 23 TOTAL OF
(75-92) (92-93) (93-94) (94-95) (95-96) (96-97) (97-98) 23 YEARS
MAINTENANCE AND OPERATION BUDGET/AGREEMENT:
OTHER PERTINENT INFORMATION:
ACCEPTANCE OF REQUEST TO INITIATE PROJEC-17ACTIVITY
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 OF EQUIPMENT: $
STAFF COST RELATED CONSTRUCTION COST: $
TO LAND ACQUISITION: CITY STAFF COST: $
12F,SIGN: CONTINGENCY: $
CONSULTANT SERVICES:
TOTAL CITY CDBG ALLOCATION RELEASED: $
IMPLEMENTING CITY: DATE:
SIGNATURE: TITLE:
DIRECTOR DATE:
DEPARTMENT OF ECONOMIC AND COMMUNITY DELI PMENT/
PUBLIC SERVICES GROUP
ADMfNFRM.226
ATTACHMENT B PROJECTIACTIVffY DESCRIPTION
PROJECT NUMBER: DATE OE'ORIGIINALf ISSUE: .
CASE MIDER: MMAL RFXISION#;
TARGET AREA' DATE OE REVISION:
PRO ECTIACTIVITY TITLE;
ACTIVITY LOCA'I"M
ACTIVITY DESCRIPTION
IMPLEMENTING ENTITY:
DATE
SIGNATURE TITLE
PUBLIC SERVICES GROUP
DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT
DIRECTOR
DIRECTOR DATE
Attachment C
COUNTY OF SAN BERNARDINO
DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT
DELEGATE AGENCY
COORDINATION PROCEDURES
Introduction
The following procedures identify the actions, responsibilities,and sequence of events for CDBG
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 CDBG projects until
authorized to do so in writing by ECD. Continued authorization is contingent upon adequate
progress and timely submission of Monthly PWiect 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
TV 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 111, 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
projectfactivity, 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 De —cription
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
I Title of Project/Activity
2. Activity Number
3. Specific site description
4. On-and off-site improvement description
5. 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 Acquisition
The DA can pursue the acquisition of real property(and related relocation requirements, if
necessary) through its jurisdiction or request the County's General Services Group Real
Estate Services Department, hereinafter referred to as "RES", to handle the acquisition
and/or relocation. If relocation is required, initiate 90 day notice to occupant(s).
I If DA wishes to purchase the property, the following procedures should be
followed:
a. DA: Refers to HUD Handbook 1378 which implements the Uniform
Relocation Assistance and Real Property Acquisition regulations
including the Federal Relocation Assistance and Real Property
Acquisition Policies Act of 1970,the Braithwaite Act of the State
of California and any subsequent amendments to these acts and
regulations. If relocation is required,the appropriate notices will
be issued in accordance with the "Timely Notices" (49 CFR
24,203)provision of the Relocation Handbook 1378.
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.
C-2
e. DA: Sends any requests for adjustments of funds for property
acquisition and/or relocation to the ECD Director for approval.
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 RES handle Acquisition and/or relocation activities,the DA
should follow this procedure:
a. DA: Submits a letter to ECD requesting that RES 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. RES: Obtains required appraisals.
d. RES: 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 RES (note all leases and all adjustments in project allocations
must be requested and approved by the ECD Director).
9- RES: Initiates purchase or lease of property. If relocation is required,
the appropriate notices will be issued in accordance with the
"Timely Notices" (49 CFR 24.203) provision of the Relocation
Handbook 1378.
RES will work with the designated DA contact person 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 Selection
I. 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 RFPs 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. ECD: 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 Federal
Wage Decision 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 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
I DA: Determines bid solicitation process permitted by CDBG requirements
under Federal Title 24 CFR Part 85.36 (Procurement Standards), 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 Federal Wage Decision. ECD will send to DA the latest
Wage Decision. 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: Reviews bid documents submitted by the low bidder to assure compliance
with County Policy I I-15, State Public Contract Code Section 2000, and
24 CFR 85.36(e)regarding the participation of minority,disadvantaged and
women business enterprises (MWBE's) in the proposed construction
C-5
contract. If DA has its own plan which meets the aforementioned
requirements, it may use this plan for bid document reviews.
5. 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". If adjustment of funds or project description is needed, the
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.
6. ECD: Prepares revisions to Attachment "A"and/or "B"as requested.
7. ECD: Reviews Contractor/Subcontractoes eligibility to receive Federal contracts,
8. ECD: Issues "Approval to Proceed"to DA.
9. 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.
10. DA: Insures completeness of contract documents prior to award of contract.
Construction contracts must contain a copy of Federal Labor Standards,
applicable Federal Wage Determination, and a copy of restrictions on
public buildings and public works projects provisions.
H. DA: Awards Contract.
12. DA: Notifies ECD of pre-construction conference at least 12 days prior to event.
13. ECD: Notifies HUD of pre-construction conference at least 10 days prior to
event.
14. DA: Conducts pre-construction conference(ECD attendance mandatory). ECD
forwards Contract Compliance Instructions to prime contractor.
15. 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.
16. 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.
17. ECD/
DA: Ongoing observation and monitoring of projects.
18. DA: Conducts on-site interviews with employees regarding their wages. Sends
copy of interviews to ECD.
C-6
19. 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
WT-1-347,
20. 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.
21. 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.
22. ECD: Checks contractor's compliance with the approved Affirmative Action Plan
using Monthly Employee Utilization Reports, for a form CC-257 received
from contractor,
23. 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.
24. 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.
25. DA: Processes change orders and sends copy(les)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.
26. DA: Must obtain approval from ECD regarding all change orders prior to
authorizing the contractor to proceed with said changes.
27. DA- Requests revisions to Attachment "A" or Attachment"B"as needed.
28. ECD: Revises Attachments"A"or"B"and issues "Approval to Proceed to Issue
Change Order(s)"to DA,
29. DA: Notifies ECD of final inspections at least five (5) working days before
inspection date.
30. DA: Attends final inspections(ECD attendance optional).
31. DA: Secures its governing body's acceptance of completed project and filing of
Notice of Completion.
C-7
32. 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.
33. DA: Takes necessary actions to comply with said notices.
34. DA: Prepares and submits "Notice of Completion"to ECD.
35. 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(24 CFR 570)
B. Applicable Uniform Administrative Requirements.
I) Office of Management and Budget Circular A-87.
2) Office of Management and Budget Circular A-128.
3) 24 CFR Part 85.
C. Applicable Uniform Administrative Requirements For Subrecipients that are not
Governmental Entities.
1) Office of Management and Budget Circular A-I 10.
2) Office of Management and Budget Circular A-122.
3) 24 CFR Part 84.
D. Federal Labor Standards Compliance Handbook No. 1344.1 REV-1 including:
I Davis-Bacon Act(40 U.S.C. 276a to a-7).
2) Contract Work Hours and Safety Standards Act(40 U.S.C. 327-330),
3) Copeland Act(18 U.S.C. 874)
E. Equal Employment Opportunity Requirements of Executive Order 11246,as amended.
F. Environmental Protection Agency Regulations(40 CFR Part 1500-1508).
G. Flood Disaster Protection Act of 1973 (42 U.S.C. 4001-4128)
H. Archaeological and Historic Preservation Act of 1974.
1. Rehabilitation Act of 1973,as amended.
C-8
J. Americans With Disabilities Act.
K. Clean Air Act(42 U.S.C. 7401 et seq)
L. Clean Water Act(33 U.S.C. 1368).
M. Section 3 Regulations of the Housing and Urban Development Act of 1968,Title 24 CFR,
Part 135 (12 U.S.C. 1701u).
N. Title VI of the Civil Rights Act of 1964,as amended(42 U.S.C. 20004 et seq).
C. Fair Housing Act(42 U.S.C. 3601-20).
P. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as
amended(42 U.S.C. 4601-4655).
Q. Hatch Act.
R. Lead Based Paint Poisoning Prevention Act(42 U.S.C. 4831(1?)).
AGMTS/97JOAGENCYAGT
4,'229N7,'BT./bb
C-9
r c t
ATTACHMEST D
Contents ` f ge
Construction Contract Provision . . . . . . . . . . . --Z
Request for Approval to Proceed Form. . . . . . . . . . . . . . . . . . . . . D-2
Monthly status Report Form. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . D-
Employee Interview Form. . . . . . . . . . . . . . . . . . . . . . . . D--4
Monthly Employment Utilization Report (Fora C-257) . .. . . . . . D-5
Weekly Certified Payroll (Form WH-347) . . . . . . . . . . . . . .. . D-6
Davis-Bacon Act Certification Form. . . . . . . . . . . . . . . . . . . . D-7
'APOli]-:NT OF ECONOMIC AND C(X*111XITY Dc hT
CGUS=ILTION COM'RACT PKOV)S10:J5
The following cortiric3tions, standard%, and instructions are provided to ensure ccunp)Jznce witlr
,
Federal and State contracting requirements for Federal Community Development: Block Grant funded
construction projects. Documents requiring completion, signature and submittal are indicated.
I. Labor Standards and Provisions - This section contains Federal and State labor -regulations
regarding construction contracts.
a. Contractor Certifications Concerning Labor Standards An, Prevailing Wage Requirements
This certification is to be completed by the prime cont-.actor and submitted with the bid
when the contract amount exceeds $2,000.
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 subcbntractors are
required to abide by the federal labor standards when the contract amount with the prime
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.
Ezuaall !Em splo nt 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 - This
certification is to be completed by the subcontractor and submitted with the bid.
C. Affirmative Action Compliance Guidelines For Construction Or Von-Construction Contractors
Prior to being awarded the contract, the selected contractor and subcontractor(s) who
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
$10,000.
d., "Section 311 - 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.
III. Bonding and Insurance Requirements This section contains the minimum bonding
construction service contracts. requirements for
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-TE4uired 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.
IV. LU2RIementai General Conditions - This section contains special federal requirements.
a. Certification Of Compliance With Air And Water Acts - Ibe prii:�e contractor and all
subcontractors must comply with this certification when the con:-act exceeds $100,000.
b. - Certifi-catior, of bidder regarding restrictions On pu',Iic buildings and public works
projects.
PLN7/Cot,ST CONTRACT REVIEW
1/26/89/bjj
D-1
Date:
Director Development
Department of Economic and Community
290 North"D" Street, Sixth Floor
San Bernardino, CA 92415-0040
RE: REQUEST FOR APPROVAL
PROJECT ACTIVITY NAME:
Case Number:
Activity Location:
The hereby requests approval to
ISSUE: A REQUEST FOR PROPOSAL FOR CONSULTANT SERVICES
AN INVITATION TO BID FOR CONSTRUCTION SERVICES
A CONTRACT CHANGE ORDER
AWARD: A CONSULTANT SERVICES CONTRACT
A CONSTRUCTION SERVICES CONTRACT
] SOLE SOURCE PROCUREMENT
] PURCHASE ORDER
Name of Contractor:
Address:
Contact Person:
Amount of Contract/Change Order:
Subcontractors: List Attached No Contractors
The following materials and documentation are submitted for review and approval:
Signature of Department Official Date
97AGMTS/8EQMT,L'M
4/29/97/BT/bb
D-2
Date:
Director
Department of Economic and Community Development
290 North "D" Street, Sixth Floor
San Bernardino,CA 92415-0040
RE: ()l'—Y PRC)JFC'T STAIUSRREPORT
Implementing Entity:
Project/Activity Name:
Case Number:
Current Status:
Obstacle(s)Encountered:
Upcoming Action(s):
Assistance Needed:
Signature of CDBG Coordinator/Contact Date
97AGWsrMoRYrI't`¢.
4/29/97/BT/bb
D-3
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t ROJECT NUMBER W any)
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:
. He certifies that:
(a) Neither he senor any firm, partnership or association in whish he has
substantial interest as designated as an ineligible contractor'by the
Comptroller General of the United States pursuant t6-Section S.6(b
of ns of the Seoreof:;t--%bor,4:Part'5 (`29 CF A4 't-5)
` . .t crr t�►'>ecL;3.on 3-{aid
ct the''Zsavi s= n,:�� aueiftd-_(40 T.S.C.
274 Cb
(b) > No ` . a�f. s(care ent3i ci e+3 cone s '= been orwill be �acte�3
to any subcontractor if-such subcontractor or any firm, corporation,
par rship car association in which such- subcontractor has a substantial
interest -designated- a an elegible opntractor pursuant to any of the
aforementioned regulatory atory-o -statutory provisions.-
3. lie agrees 3to obtain d forward to the aforementioned recipient wi -ten days after
the' execution of any subcontract, including those executed by his subcontafactors and
y lower tier su ntractors, a Subcontractor's Certification Concerning Labor
Standards ;:Prevailing stage Requirements executed by,the subcontractors.
4_ lie certifies that:
(a) The legal name and the business address of the undersiSned are:
(h) The`uderi ned i
I1 a SINGLE DOT�i CTORSHI (3) A COPPOFt:".'TICS', fi1�.OANIZ®3 'THE S*�'1�>�C r
{ } A PARTNERS-141P (4 OTHER O v :T� #�ICt1 jir�o�i � 1
-1 la-1
DEPARTMENT OF ECONOMIC AND COMK1JNITY DEVELOPMENT
ti COMMUNITY D6VEWPHENT Dt.00K GRANT PRO RAA
SUBCONTRACTOR'S CERTIFICATION.
CONCERNING LABOR STANDARDS AND PREVAILING WAGE REQUIREMENTS
To (Appropriate Recipients) : DATE
PROJECT NUMBER (If any)
C/o PROJECT NAME
1- The undersigned, having executed a contract with
(contractor or Subcontractor)
for
(Nature of Work)
in the amount of
in the construction of the 'above-identif ied 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- Se.ction 3 1(a) of
the Davis-Bacon Act, as amended (40 U.S.C. 276a-2(a))
(c) No part of the aforementioned contract has been or.wnl be subcontracted to any
subcontractor-if such'subcontractor or any f;L=,r. ,borporatjonsxt;ae:t;ship 'or'
ntractot,! a- twbs t��
azsocj� -in_which-such%si&�Co gnate
abdkthld
s. an,-UOX "t ry
g�ibje contractor-�vUrSMU
'f.rtrnn4_M-ittalf' iplen
-
2- He agrees to bbtairi-an f 'orward to'� e . torrU, oI . I
within ten days-after the-execution of any lower subcontract, a subcontracto r s
S Prevailing Wage Requirements; "executed
Certification Concerning Izbdr tanaards
by -the lower-tier subcontractor, in .duplicate,
(a) The workmen will report for duty on or about
(Date)
3. He certifies that:
(a)- The legal name and the business address of the undersigned are:
(b) The undersigned is:
(1) A SINGLE PROPRIETORSHIP: (3) A CORPORATION ORGANIZED, IN THE STP:TE OF:
(2) A PARTNESHIP (41 OTHER ORGANIZATION (Describe)
D-1 Ib-1
Federal Labor Standards Provisions U.S. Department of Housing
and Urban Development
41sit
"i r
Applicability
The Project or Program to which the construction work covered by this HUD or its designee"I refer the questions.including the views of all
contract pertains is being assisted by the United States of America and the interested parties and the recommendation of HUD or Its designee,to the
following Federal Labor Standards Provisions are included in this Contract Administrator for determination.The Administrator.or an authorized repre-
pursuant to the provisions applicable to such Federal assistance- sentative,will issue a determination within 30 days of receipt and so advise
A.1.lit}Minimum Wages.All laborers and mechanics employed or work- HUD or its designee or will notify HUD or its designee within the 30-day
ing upon the site of the work(or under the United States Housing Act of period that additional time is necessary.(Approved by the Office of Man-
1937 or under the Housing Act of istig in the construction or development agement and Budget under OMS Controt Number 1215-0140.)
of the project),will be paid unconditionally and not less often than once a .(d)The wage rate(including fringe benefits where appropriate)
week,and without subsequent deduction or rebate on any account(except determined pursuant to subparagraphs(1)(b)Of(C)Of this paragraph,shall
such payroll deductions as are permitted by regulations Ll'-We;d by the ' be paid to aft workers perfoorning work In the classification under this con-
Secretary of Labor under the Copeland Act*9 CFR Part 3L the full amount tract from the first day on which work is performed In the classification.
of wages and bona fide fringe benefits(or cash equivalents thereof)due at (041)Whenever the minimum wage rate prescribed in the contract for a
time of payment computed at rates not less than those contained in the class of laborers or mechanics Includes a fringe benefit which is not
wage determination of the Secretary of Labor which Is attached hereto and expressed as an hourly rate,the contractor shall either pay the benefit as
made a part hereof.regardless of any contractural relationship which may stated in the wage determination or shall pay another bona fide fringe
be alleged to exist between the contractor and such laborers and benefit or an hourly cash equivalent thereof
mechanics.Contributions made or costs reasonably anticipated for bona (rv)H the contractor does not make payments to a trustee or other third
fide fringe benefits under Section 1(b)(2)of the Davis-Bacon Act on behalf person,the contractor may consider as pan of the wages of any laborer or
of Laborers or mechanics are considered wages paid to such laborers or mechanic the amount of any costs reasonably anticipated in providing
mechanics,subject to the provisions of 29 CFR-5.5(a)0XiYY also,regular bona fide fringe benefits under a plan or program.provided.That the
contributions made or costs incurred for more than a weekly period(but Secretary of Labor has found,upon the written request of the contractor,
not less often than quarterM under plans,funds,or programs,which cover that the applicable standards of the Davis-Bacon Act have been met The
the particular weekly period,are deemed to be constructively made or Secretary of Labor may require the contractor to set aside in a separate
incurred during such weeldy period account assets for the meeting of obligations under the plan or program.
Such laborers and mechanics shall be paid the appropriate wage rate (Approved by tie Office of Management and Budget under OMS Control
and fringe benefits on the wage determination for the ciassifiCatibn of work Number 1215-01404 1
actually performed.without regard to skill.except as provided in 29 CFR1.Withholding.HUD or Its designee shall upon Its own action or upon
Pan 5_1{a)(4).Laborers or mechanics perlorrning work in more than one written request of an authorized repitesentafive of the bepa'dmerittot Labor
classification may be compensated at the rate specified*fortach dassifica-',-withhold or cause to be withheld km",bopVac46t,Ur4W,this contract or
ton for the time actuatly wo*ed.fh!iWn:provkk4That the-,impwves pay-_ any other Federal :with the toaatse,jinme aontristctocwc�r4trty
other
rott records'accurately set tsurlh.the time spent in each classificalion in, <"" Fedettttiy-as ed sr
to
which work Is perfortmi The wage d O* ermir, V motion Ing AnY IS held
classification and wage rates c6nildinned under 29 CFR Part WWild)(it) payments or 10 pay
labor
-1321).shall be post , _fim�b�"6on
the Davis icon poster(VVIi ad at ell,
'tractor and its subcontractors at the site of the work in a plonlinent and, employed by,the contractor or any t ttlFaC10C the Uat.siisottiit of wages
accessible place where it can be easily seen by the workers., required,by thecontract.In thoe event of fa-lure I*pay W"w laborer or
(0)(a)Any claw of Laborers or mechanics which is not Listed In the mechanic Including any apprentice.trainee I.or helper.employed or working
wage determination and which Is to be employed under the contract shalt on the site of the work(or under the Unft#d States Housing Act of 1937 or
be cfassified In contoffnance with the wage determination.HUD shall under the Housing Act of 1949 In the construction or development,of the
approve an adcritionat classification and wage rate and fringe benefits project),all or part of the wages required by the contract HUD or its desig-
therefore only when the following criteria have been met nee may,after written notice to Vie contractor;sponsor;applicant,or owner.
(1)The work to be perloftned by the classification requested is not take such action as may be necessary to cause the suspension of any
performed by a classification In the wage determination;and turtreir payment advance,or guarantee of funds until such violations have
(2)The classification is utilized in the area by the construction ceased.HUD or its designee may,after writtenAafte to the contractor,dis-
industry.and burse such amounts withheld for and on account of the contractor or sub-
(3)The proposed wage rate,Including any bona fide fringe bene- contractor to the respective employees to whom they are due.The Comp-
(its,bears a reasonable relationship to the wage rates contained in the troller General"I make such disbursements in the case of direct
wage determination. Davis-Bacon Act contracts.
(b)If the contractor and the laborers and mechanics to be employed 3.01 Payrolls and basic records.Payrolls and basic records relating
in the classification(if known),or their representatives.and HUD or its thereto shall be maintained by the=VaCW during the course of the work
designee agree on the classification and wage rate(including the amount preserved for a period of three years thereafter for all Laborers and
designated for fringe benefits where appropriate),a report of the action mechanics working at the site of the work(or under the United States
taken shall be sent by HUD or its designee to the Administrator of the Wage Housing Act of 1937,or under the Housing Act of 1949,in 0,te construction
and Hour Division,Employment Standards Administration.U.S.Department or development of the project).Such records shall contain the name,
of Labor,Washington,D.C.20210.The Administrator.or an authorized address,and socia'se_-vrity number of each such worker,his or her cOr-
representative,will approve,modify,or disapprove every additional classifi- rest classification,hourly rates of wages paid(including rates of contribu-
cation action within 30 days of receipt and so advise HUD or its designee bons or costs anticipated for bona fide fringe benefits or cash equivalents
or will notify HUD or its designee within the 30-day period that additional thereof of the types described in Section 1(bX2)(8)of the Davis-tom.con Act).
time is necessary.(Approved by the Office of Management and budget daily and weekly r icer of hours worked,deductions made and actual
under OMB control number 1215-0140.) wages paid.Whene,�er the Secretary of Labor has found under 29 CFR 5,5
(c)In the event the contractor.the laborers or mechanics to be (aXlYiv)that the waves of any taborer or mechanic include the amount of
employed in the classification or their representatives,and HUD or its any costs reasonaVy anticipated in providing benefits tinder a plan or Pro-
designee do not agree on the proposed classification and wage rate gram described in$_:*jon 1(b)(2y%of the Davis-Bacon Act the contractor
(including the amount designated for fringe benefits,where appropriate), shall maintain tecorcs which show that the commitment to provide Such
Tr-1
T.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 may be grounds for termination of the contract and for debar- pay for aft hours worked in e in
mem as a contractor and a suoconlractor as provided in 29 CFR 512, excess of forty hours in Such vvofkweekwtNiehee+4s-g,,eave,-
a.Compliance with Davis-Bacon and Related Act Requirements.All rul- (2)Violation;liability for unpaid wages:Liquidated damages.in the
ings and interpretations of the Davis-Bacon 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 shall
contract, be liable for the unpaid wages,In addition.such contractor and subcon-
S.Disputes concerning Labor standards,Disputes arising out of the labor tractor shall be liable to the United 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 or to such
disputes clause of this contract-Such disputes shall be resolved in accor- territory),for liquidated damages.Such liquidated damages shalLbe com-
dance with the procedures of the Department of Labor Set forth in 29 CFR puted with respect to each individual taborer or mechanic.including
Parts 5,6.and 7.Disputes within1he meaning of this clause include dis- watchmen and guards.employed in violation of the clause Set forth in Sub-
puteS between the contractor(or any of its subcontractors)and HUD or its paragraph(1)of this Paragraph,in the sum of$10 for each calendar day on
designee,the U.S,Department of Labor.or the employees or their which Such individual was required or permitted to work in-excess crf.eigw_
representatives. tk"&-or in excess of the stand"workweek of forty hours without pay.
10.(1)Certification of Eligibility.By entering into this contract the con- meat of the Overtime wages required by the clause set forth in subpara-
tractor certifies that neither it(nor he or she)nor any person or firm who graph(1)of this paragraph.
has an interest in the contractor's firm is a person or firm ineligible to be (3)Wditholding for unpaid wages and liquidated damages.HUD or its
awarded Government contracts by virtue of Section 3(a)of the Davis- designee shall upon its own action or upon written request of an autho-
Bacon Act or 29 CFR 5.12(aXl)or to be awarded HUD contracts or Partici- rized representative of the Department of Labor withhold or cause to be
pate in HUD programs pursuant to 24 CFR Part 24. withheld,from any money$payable on account of work performed by the
(t)No pail of this contract shall be subcontracted to any person or firm contractor or subcontractor under any such contract or any other Federal
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(aXl)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 surnt;as may be determined to
(tit)The penalty for making false statements is prescribed in the U.S, be necessary to satisfy any liabilities of such contractor or subcontractor
Criminal 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 such Administration. . . makes.utters or publishes any statement subcontracts the clauses set forth in subparagraph(1)through(4)of this
knowing the same to be false. . . shall be fined not more than S5.0W Of 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 or lower tier subcontrac-
mechanic to whom the wage.salary,or other labor standards provisions of tot with the clauses set forth.in subparagraphs(1)through(4)of this
this Contract are applicable shall be discharged or in any other manner paragraptt.
discriminated against by the Contractor or any subcontractor because such C.Health and Safety
employee has filed any complaint or in3tituted or caused to be instituted (1)No taborer or mechanic shall-be-irequired to work In surroundings,,
any Proceeding or has testified or is about to testify in any proceeding or under working corlditicins wtich are'urtsankary,hazardotm or danger
under or relating to the labor standards applicable under this ContraCt'tO ;,ous 10 W tMM and safelY-11M safety and
his employer. -heatthstandards promutgatedbythe:Secretary.o(Labbrbyreguta6m-�,,.,,;,,,�,#�'
.8 Contract Work Hours and Safety Standards Act.As used in this para_ The Contractor shall comply wWaN regulations issued by Me
graph,the terms'laborers'and"mechanics"include watchmen and secretary of Labor pursuant to Titie 29 Part 1926(formedy part 1st 8)and
guards. failure to comply may result in imposition of sanctions pursuant to the Con-
(1)Overtime requirements.No contractor or subcontractor contracting tract Work Hours and Safety Standards Act(Pubfic Law 91-54,83 Stat M.
for any pan of the contract work which may require or involve the employ- (3)The Contractor shall include the prOviS_KM Of this Article in every
ment of laborers or mecharuics shall require or permit any such taborer 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 of Labor
hours in such workweek unless such laborer or mechanic receives com- shall direct as a means of enforcing such provisions.
NOTE: Edited text above is in accordance with revisions provided by
the U.S. Department of Housing and Urban Development.
D-1 Ic-3
IS
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 (1.0) days before the opening of bids. )
D-1 Id
CERTIFICATION OF BIDDER REGARDING
EQUAL EMPLOYMENT OPPORTUNITY
INSTRUCTIONS
This certification is required pursuant to Executive Order 11246(30 F.R. 12319-251. 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 0 No'0 fl answer is yes,identiri"the Jn0st*recent contract.)
2. Compliance reports were required to be filed in connection with such contract or subcontract.
Yes F1 No 0 (If answer is'yes, identify the most recent contract.)
3. Bidder has filed all compliance reports due under applicable instructions,including SF400.
Yes No 0 None Required C3
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 Titte of Signer(Please TyPel
Signature Date
D-1 Ila
"low
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
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, ond, 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.
c*ontroct or permits work to begin under the subcontract.
SUBCONTRACTOR#S CERTIFICATION
Subcontractor's Name:
Address:
1. Bidder has participated in a previous contract or subcontract subject to the Equal,Opportunity Clause.
Yes M Na
2. Compliance reports were required to be filed in connection with such contract or subcontract.
Yes M No,
3. Bidder has filed all compliance reports due under cpplicoble instructions, including SF-100.
Yes M No M None Required CD
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 ANO TITt-E 07 SICNER (FICCSe TI'PC)
SIGNATURE E
D-1 11b
AFFIRMATIVE ACTION COMPLIANCE
GUIDELINES FOR CONSTRUCTION AND
NON-CONSTRUCTION CONTRACTORS
�e
D-1 lIc-1
IMPLEMENTING ENTITIES
AFFIRMATIVE ACTION COMPLIANCE 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 entityss
equal opportunity for employment is practiced by the (Contract Compliance officer) shall be
contractor without regard to race, age, color, sex, exempt from this program:
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 Il. METHOD FOR SATISFYING AFFIRMATIVE ACTION PLAN
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 Bertiardino.,<., 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)i 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 CONSTRUCTION CONTRACT and who are
doing business in the amount of $10,000
or morn 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, must 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-
CONTRACT in the amount of R, fication" a contractor must:
more, must 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 S10,000 or more, must have an next three years; and submit to
approved Affirmative Action Plan unless the Contract Compliance Officer
exempt, before the subcontractor for approval an Affirmative
commences work.
11c-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
annually for subsequent prequaii- the Contract Compliance Officer may
fication. appeal that 'determination to the
implementing entity's legislative
Contractors desiring to act as body m through their Administrative
subcontractors may receive annual Officer. All appeals shall be in
prequalificition and be placed upon a writing, signed 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 days after receiving notice
of disapproval.
B. Affirmative Action Plan For Non-Construction
Contractors can be met as follows: 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 (not of Hispanic origin): All
1. Prior 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,
above for construction subcontracts and the Indian subcontinent.
Part 11, Section B above,.' . for
non-corfstruction --subcontracts :,:-,'Ihe B= Black (not of Hispanic, origin)
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. INTERACTION WITH THE CONTRACT COMPLIANCE the Far East, Southwest Asia or the
OFFICE Pacific Islands. This area
includes, for example, China,
A. The Cont'ract 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 by 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 X, = EMP'_,3Y-_v
implementing entity's requirements for an
acceptable plan. The contractor shall be F = FF_1L-.LE F_"FLOY:E
allowed ten (10) working days in which to
develop and submit a revised Affirmative H = Z!:PLOY:E
Action Plan for review and approval by the
Contract Compliance Officer. V - VlET',AM-_':F-_, V. E1L-'_',
D-1 11c-3
IV. DEFINITIONS I "Local Labor Market" means the entire
San Bernardino, Riverside, Ontario labor
Unless a provision of a contract othcr-L market. (Standard Metropolitan
requires, certain works and phrases shall be Statistical Area).
defined as" follows:
J. "Minorities" means members of the
A. "Affirmative Action" is a conunitment to following racial or ethnic groups: Black
increase the number of members of protected (not of Hispanic origin); Hispanic;
classes in the cork force by setting Asian or Pacific Islander; American
employment goals and timetables, including Indian or Alaskan native_
actionprograms to achieve objectives
through reform of the system. Affirmative K. "Monconscruction 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 tion-implementing entity,party is-in -
acceptance, --lease, agreement, or -othera �uniqua position to '-fulfill the'
arrangement, ;:�tiug an,obligation-to which' t'
1mpIesKwtir4 - entities 1 needs as--
the implementing entity,,# a':party, which determined by the Contract-:'Compliance -
would make one of.-the, 'parties-vithiii the Officer, after consideration ',of:
de,finititrp ,
ptactical.alternative.
E. '.'Contractor"--means all : persons (including P. "Subcontractor" means any person who
general contractors-'4utd, prime contractors) agrees, vith 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. "Underutilization" 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. 'Vietna=-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,
It. "handicapped Status" means any person 1964, and May 7, 1975, and was
U1€1: discharged or released therefrom
with other than a dishonorable
1, 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
dise4ility if any part of such
2. tics a record of such impairment or, active duty was perforried between
3. Iti &Merally regarded 'is 11 aV int; August 5, 1964, and May 7, 1975.
Such an impairjn�:JJL. rimans female wctnbers of racial
.in,' ethnic n-nority and nonminorirY
PLYLVACTION cot-ir
10/16/84/bjj "")UPS,
D-1 11c-4
i
i
INSTRUCTIONS FOR COMPLETING CONTRACT COMPLIANCE
OUALIFYING REPORT
1. JOC CATEGORY Laborers(Unskiticill: Occupations in which a worker performs ;{
Oates is to be completcti for ail listed job categories of employees, a variety of manual work in the maintenance, repair and
Definitions: construction of highways, buildings, and other facilities: an
unskilled worker who (rings materials to, and does preparatory
Administrators: Occupations which require that employees Set work tor,skr`iied workers in a trade.
broad policies. exercise al et responsibility for execution of these Service Workers; Occupations in which workers perform duties
contras, direct o individual departments ori special plus( of the which result in Or contribute to the COrnfa convenience,upkeep
contractor's aperaricx+s. Or provide specialised oonsuttatwn on a ., rt, p
regional,district or area basis. and care of buildings, facilities or grounds of Public property.
Includes: directors, deputy directors, department heads. Workers in this group may operate machinery,
controllers, foremen. Supervisors. inspectors, and kindred workers. Includes: chauffeurs, laundry and dry cleaning operatives.
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 taborem
training or through work experience and other training which
provides comparable knowledge. 11, CURRENT WORK FORCE
Includes:personnel and tabor relations workers,social workers. This category is to establish the contractor's ctvrrent ernsstoyment
doctors, psychologists, registered nurser, economists_dieticians,
stools.
lawyers. System analysts, accountants, engineers, employment and A. Total numtter of evnttlayees: The contractor is to fit( our he
kindvocational rehabilitation cqunsetors, teachers Ot instructors, and total number of persons currently employed in each rob category,
kindred workers. totalTechnical: Occupations which require a combination of basic B• Black: The contractor is to place the current number of stack
scientific or technical knowledge and manual skiit which can be employees in each box in this column for each job category.
obtaiited through specialized postsecondary 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.
wrveyors.I+Ctnstd practical Worsts, photographers,ndta operators- O. Asian or Pacific islanders: The contractor is to place the
technical illustrators. highway technician; technicians (medical. current number of employees of Asian or pacific island origin in
dental, electronic. physical sciences), assessors, inspectors,specrs, and each fox in this column for each job category,
kindred workers.
E. American Indian or Alaskan Native:The contractor is to place
Sates: Occupations in which the act of selling takes place: the current number of American Indian or Alaskan "Na;ive
exchange of property of any kind,or of services for an agreed seta emptoyees in each box in this coturnn for tacit 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
ttyvelingsgent or representative to sett goods or seWrhoes -; column:ean'be reached by adding the arrrtnt nuipbers"af isek.'.
Office and Clerical: Occupations in which workers are H4;;lanK. Asian,,Parciric Islander,;American.Indian, and Ataskan%-
responsible for internal and externa{eonhnhltnkataon,recording and Native employees written in the four previous ccriumns, ;. .rut t.
retrieval of data andlor information and other paperwork4equired. G,"Toul fernier"to each box in this column the contracttor as-C
in an office. place the total number of white and minority females employed in
includes: bookkeepers, secretaries. office macftirse operators, each job category :
clerk typists, stenographers, statistical clerks, dispatchers, payroll
.clerks,messengers,and kindred workers. Ili. UNDERt/Ttt tZATtON
Skirted: Occupations in which workers perform jabs enwhich
ve To establish whether undorutilization exists, a contractor should
require special mutual. xkiU, a thorough and cotthtarehtruivc
knowtedpe of the processes involved in the work which is acquired d;termine whettta the "total minority- percentages and -total female
through on-the-job training, experience, through apprenticeship or pesmenages.. in each job classification are tower than would reasonably
Other tortnaf training programs be expected by their availability.
Includes: mechanics and repairmen, electricians, heavy After making this compairison, the contractor Should place a check
equigtment Operators. stationlry engineers, skilled machinist (II in the ttox that applies(-yes-or-no`)for each category.
Occupations, carptnters. and compositors and typesetters, and
kindredwdrkers. IV, ANTICIPATED HIRING
Operative (Semiskilled): Occupations in which workers are The contractor should state the numiber 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"
G
t"
ti D-j IIC-5
THIS SIDE FOR CONTRACT COMPLIANCE USE ONLY
Cs'
Percent Minorities of Total SMSA Percent._,...__ _ Does Contractor Meet SMSA Percentages? ❑ Yes ❑ No
Warning Letter Issued .. __ __, .__ Reviewed By
Date Contract Compliance Officer �T
CONTRACTS PROCESSED
Annual Qualification Dates Date Project Dollar Amou"
From To—
Contract Compliance
Qualifying Report
For
Nonconstruction
Contractors
and w �
Vendors
Comments
le`
T COMPLIANCE USE QNL Y '
THIS SIDE FOR CONTRA
Does Contractor Meet SMSA Percentages? ❑
cent Minorities of Total SMSA Percent_____-------
`fes C3 No
Reviewed BY
rning Letter Issued ---- -Contract Compliance Officer
Date
CONTRACTS PROCESSED
Project Dollar Amount J
Date .
,nual Qualification Dates
3m To
Contract Compliance
Qualifying Report
For
Construction
Contractors
and
Vendors _
-omments
4
r40*
APPENDIX 1
Category Principal Business Location Goal Parity With
Contractors except San Bernardino County Riverside-San Bernardino-Ontario
construction S. 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 NIA Local staff parity with Riverside-
construction San Bernardino-Ontario S.M.S.A.
Construction NIA 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 Programs7established
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 fin Percent)
April 1, 1978—March 31, 1979 3.1
April 1, 1979—March 31, 1980 5-0
April 1, 19801— March 31, 1981 8.9
D-1 I1c-10
ATTACHMENTI
Contractor agrees to fully comply with the 2. Vietnam Era Veterans' Readiustment Assistance
laws and programs (including regulations issued Acts of 1972 and 1974, as amended. Pub. L.
pursuant thereto) which are listed following this 92.540, Title V, Sec. 503(a),--Pub, L. 93-508,
paragraph. Such compliance is required to the Title IV,Sec.402. (38 USCA 2011-2013).
extent such laws, programs and their regulations
are, by their own teras, applicable to this 3. Rehabilitation Act of 1973, as amended
contract. Contractor warrants that he will make Pub. L- 93-112 as amended. (29
himself thoroughly familiar with the' applicable (Handicapped)
provisions of said laws, programs, and regulations USCA 701-794).
prior to commencing performance of the contract.
Copies of said laws, programs, and regulations are 4. California Fair Employment Practice Act. tabor
available upon request from the implementing Code Secs. 1410 et sec{.
entity's Contract Compliance Officer. To the
extent applicable, the provisions of said laws, 5. Civil Rights Act of 1964, as.amended (42 USCA
programs and regulations are deemed to be a part 2000a to 200OH-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 V11 of Contractor's commitments under Section 202 of
the (Svit Rights Act of 1964, and is applicable pursuant to 41 Executive Order 11246 of September 24, 1965,
C.F.R.Sec,601.4. and shall post copies of the noticein conspicuous
places available to employees.and applicants.for-,,._,i..,,
(1) The Contractor-will not discriminate against any ,.employment.
employee or applicant for employment because of
race, color, religion, sex, or national Orion. The (4) The Contractor will comply with all provisions of
Contractor will take affirmative action to ensure Exeartive 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-Vc etary of Labor, or
of compensation; and 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 the 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.
(S) In the event of the Contractor's noncompliance
(2) The Contractor wilt, 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 all qualified this contract may be canceled, terminated or
applicants wilt receive consideration for suspended in whole or in part, and 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, 1955, 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, c. as other• ;se provided by law.
(7) Tlic Contractor will include the provisions that it will furnish the administering
of paragraphs (1) through (7) in every agency and the Secretary of Labor such
subcontract or purchase order unless information as they may require for'the
exempted by fules, regulations or orders of supervision of such compliance, and that
the Secretary of Labor issued pursuanc to it will otherwise assist the
Section 204 of Executive Order 11246 of administering agency in the discharge of
September 24, .1485, so chat such provisions the agency's primary responsibility for
will be binding upon each subcontractor or securing compliance,
vendor. The Contractor will take such
action with respect to any subcontract or The 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 modification
provisions, including sanctions for subject to Executive order 11246 of
noncompliance: Provided, however, that, in September- 24, 1465, 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
iaposed 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
agency, instrumentality or subdivision of actions: Cancel, terminate, or �suspend
such'government sftich does not particpate in in stole 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 ".r 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,. .:,regalstions,.~::sud applicant, :and:-refer .thecase � 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 of
relevant orders of the Secretary of Labor, September 24, 3.965 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 transfer, 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(l'.1._.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 suitzble
employee or applicant for employment because he employment openings of the Contractor vrhicz
or she is a disabled veteran or veteran of the exist at the time of the execution of this contrZc.
Vietnam Era to regard to any position for which
vid those which occur dewing the performance of
theemployee or applicant for employment is his contract.including those not generated by this
qualified. The Contractor agrees to take contract and including those occurring at z:�
affirmative action to employ, advance in establishment of the Contractor other than t.
s employment and otherwise treat qualified disabled one wherein the contract is being performed ...
veterans znd veterans of the Vietnam Erawithout cxtluding those of independently opt* = -`
discrimination based upon their disability or corporate affiliat-s, shall be listed at in
veterans status in all employment practices such as 'ZtOrcpriata Eocat ofiica of the State ernployr-.?n:
the following, employment, upgrading, demotion service system wherein th- opening occurs. -=�e
t
Contractor further agrees to provide such reports (6) This clause does not apply to the listing of
to such focal office regarding employment employment openings which occur and are filled
openings and hires as may be required. outside of the 0 States.the District of Columbia,
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), (q) and
shall be made at least concurrently with the use of f5)
any other recruitment source or effort and shall of this clause do not apply-to openings which the
involve the normal obligations which attach to the Contractor proposes to fill from within his own
placing of a bona fide job order, including the organization or to fill pursuant to a customary and
acceptance of referrzts of veterans and traditional employer- union hiring arrangement.
nonveterans. The fisting 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'iob applicants outside of his oven organization or
applicants, and nothing herein is intended to employer-union arrangement for that opening.
relieve the Contractor from any requirements in
Executive Orders or regulations regarding (g) As used in this clause:
nondiscrimination in employment.
(a) —All suitable employment Openings—
(C) 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, zdministrative 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 fess 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,
(b) the number of nondisabled veterzns of.the and-part-tittle empto;ment. It does not includE
Vietnam Era hired, (c)'the number of cisabter: openings which the Contractor proposes to fit[,
veteraniof the Vietnam-Era hired, and (d}the from within his oven organization or. to fill
total number. of disabled veterans hired. The pursuant to - a customary -and -traditional_
reports shall include .covered.veterans hired for employer-union,hiring arrangement-nor openings,
on-the-job-training under 38 USC Sec. 1787.':The in an educational institution which are restricted:.,
Contractor shall itib tit a report within thirty(30) to students of that institution..Uncfer 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 would otherwise
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 State
representatives of the contracting officer or of the employment service system" means the local
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
( ) Whenever the Contractor becomes contractually District of Columbia, Guam, Puerto Fico and the
bound to the listing provisions of this clause, it Virgin lsl;;nds.
shall advise the employment service system in each
State where it has establishments of the name and
l "C7;;°r,ersgs tivhic:z the Contractor proposes to
location of each hiring location in the State. As ; ,# from oithin his o..n organization"' means
long as the Contractor is contractually bound to e:-,pioyme�~; openings for which no consideration
these provisions and has so advised the State will be g'".en to persons outside the Contractor's
system, there is no need to advise the State system croanizaticcs (including any affiliates, subsidiaries
of subsequent contracts. The Contrzct€ar may and the ,siert cc--paries) and includes any
advise the Statesystem when it is no longer bound cpenings v.hich the Contractor proposes to fill
by this contractt clause. from regv'!arly estab'.ished "recall"lists.
D-1 11c—i3
j
1 .M
(d) "Openings which the Contractor proposes to :ii:.r"eat+a4 action to e:::;.-oy enc advance in
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 openings 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 tabor union or
which exists between the Contractor and representative of workers with which it has a
representatives of his employees- 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 Readiustment Assistance Act,and is-committed to
Labor issued pursuant to the ACL take affirmative action to employ and advance in
employment qualified disabled veterans and
(10) in the event of the Contractors noncompliance veterans of the Vietnam Era.
with the requirements of this Clause, actions for,
noncompliance may be taken in accordance with (13) The Contractor eitll include the provisions of this
the rules" regulations and relevant orders of the Clause in'every subcontract or purchase order of
Secretary of tabor issued pursuant to the Act. 510,000 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 the Director
contracting officer. Such notices shall state the of the Office of Federal Contract Compliance
Contractor's obligation under the law to take Programs 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(P.L.93-112)and 41 CFR Sec.60-741.4. the Director, -provided by or through the
Contracting officer. Such notices shall state the
(1) The Contractor will not discriminate against any Contractor's obligation under the lawv, 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 workefs-.with which it has a
based upon their physical or mental handicap in all collective bares;n;ng agreement or other Contract
employment practices such as the following: understanding, that the Contractor is bound by
employment" upgrading, demotion or transfer, the terms of Section 503 of the Rehabilitation 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 employment
selection for training,including apprenticeship, physically and mentally handicapped individuals.
(2) The Contractor agrees to comply with the rules, (6) the Cont;-%C-or will include the provisions of this
regulations and relevant orders of the Secretary of cause in every subcontract or purchase order of
Labor issued pursuant to the Act. 52,500.00 or more unless exempted by rules,
renulatior,s or orders of the Secretary issued
(3) In the event of the Contractor's noncompliance pursuant to Section 503 of the Act, so that such
with the requirements of this clause, actions for provisions will be binding upon each
noncompliance may lk taken in accordance with Subcontractor or vendor,The Contractor swill take
the rules, regulations and relevant orders of the such acticn with respect to any subcontract or
Secretary of Labor issued pursuant to the Act. purchase crdar as the Director of the Office of
Federal Cc^tract Cort fiance Programs may direct
(4) The Contractor agrees to post in conspicuous to cnforve such p:o:isions, including action for
G places,available to employees and applicants for r.onComp:;a wCe_
Tc-l4
` AFFIRMATIVE ACTION"pOLICY FOR CONTRACTORS AND VENDORS
Name of Contractor
adopts this plan to affirm its support of a program of equal employment opportunitir, and to assure
compliance with Executive Orders 11246 and 11.375, Title VII of the Civil Rights Acts 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.
"Ibis contractor further recognizes that the effective application of a.POIicy 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 eric curage 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.
C. Our Company cannot or will not adopt this policy.
If"C"is circled,explain reason. Use separate sheet if additional space is needed.
Circle Items
One
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.
B
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
B subcontractors and shall maintain regards of the organizations'responses.
C Explain `C
4. Our company shall make specific and constant personal, written, and oral recruitment efforts directed at all
A local minority, handicapped, and women's organizations, including schools. recruitment and training
organizations.
B
C Explain ,.C"
�� ~~
.^
'
^
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 documentthis and the reasons therefor.
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 Minority,
handicapped. or female worker sent for by the company or the company has other information that the
union referral process has impeded-the.company's effort to meet the established goals of affirmative action.
C Explain '-C
8. Our company will actively take steps to integrate any positiions.departments or�plant locations which have
A no women or minorities or are almost staffed with one particular group.
�
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-job training opportunities and participate and
A assist in any association or employee group training programs relevant to the company's employee needs.
C Explain "C"
11. Our 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.
8
C �-----�
Circle
One 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.
B
C Explain "C"
13. Our company will make certain that all facilities normally used concurrently by all company activities are
A nonsegregated.
C Explain
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.
C Explain -C-
15. Our company shall solicit bids for subcontracts from minority subcontractors and female subcontractors
A subject-to availability. '
C
Explain C
16. Our company shall make every effort to provide after school,summer and vacation employment to minority
A youths.
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"
Dire
Executed at
"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 grant, 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 a '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) :
a. 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.- _1701u. ' Section 3 required that to the greatest extent
feasible opportunities for training and employment be giveW-
lower income residents of the-project area and,contracts' for
-work ,in' connection with the project�:be awardedto 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 6YIE_
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 contract 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 IId-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-1 lid-2
FORM OF 810 BOND
KNOW ALL 14EN 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--florce 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; ar.; said Surety does hereby
waive notice of any such extension.
D-1 T11a-1
————----------
IN WITNESS THEREOF, 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.
Principal (L.S. )
By:
SEAL
D-1
IIZa-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 df
-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-
companying 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 IlIb-1
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 (6) counterparts, each one
of which shall be deemed an original , this the day of
19
ATTEST:
Principal
Principal Secretary
(SEAL) By:
Address
Witness as to Principa
Address
Surety
ATTEST:
By:
Attorney-in--Fact
Surety Secretary
(SEAL
Witness as to Surety (Address
Address
NOTE: Date of Bond must not be prior to date of Contract.
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 subcontractw_'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 "'he specifi
the same shall in anywise affect its obligation on thisbond, andciattions does herebyaccompanying
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, w~-ose claim may be unsatisfied.
D-1
IN WITNESS WHEREOF, this instrument is executed in six (6) counterparts, each one
of which shall be deemed an original , this the day of
29
ATTEST:
Principal
Principal Secretary
(SEAL)
By:
Address
Witness as to Principal
Address
Surety
ATTEST:
Surety Secretary
(SEAL)
By
Attorney-in-Fact
Witness as to Surety Address
Address
D-1 IIIc--2
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FWO-4238.j
U.S_ Department of Housing and Urban Development
CERTIFICATE OF O*WNER*S ATTORNEY
1, the undersigned.
the
duly authorized and acting legal representative of
do hereby certify as
follows:
I have examined the attached contract(s) End surety bonds and the manner
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 I I
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
same in accordance with terms. parties executing the
. conditions and Provisions thereof.,
Date:
D-I IIId
CERTIFICATION 01: COMPLIANCE; WITH AIR AND IVA']*-;:f,' ACTS
(Applicable to Federally assisted construction contracts
and related subcontracts exceeding SI00 , 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 1857 et seq . , the Federal Water
Pollution Control Act, as amended, 33 USC 12SI et- seq- , and the
regulations of the Envir.onmental Protection Agency with; respect
thereto , at 40 CPR Part 15, as amended.
In addition to the foregoing requirements , all nonexempt contractors
C>
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 15-2C.
1
(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 Federa'1 Pollution ollution 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 from *
the Director, - Office of Federal Activities , EPA, indicating
tha* t 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 subcQai_Lr-act
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
on
'g,
SAN BERNARDINO COUNTY
DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT
RESTRICTIONS ON PUBLIC BUILDINGS AND PUBLIC WORKS PROJECTS
(A) Definitions. 11�,-,mponent" 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 sub'contractor 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 claqse_-.,-
"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
equipment. 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 com:)Onents.
(b) Restrictions. The contractor shall not (1) It"nowingly enter into any
subcontract under this contract with a subcontractor c;- n foreic:; country included
D-1 lVc-i
_4
on the list of countries that discriminate against U.S. firms 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 that discriminate 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 with
section 109(c) of Pub. L 100-202.
(d) Certification. The Cont'r6ctor ' 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 subcontracts.
BUILDRES.DOC
12/14/88/jj
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CONTRACTOR'S CERTIFICATION OF COMPLIANCE
WITH DAVIS-BACON AND
REIATED ACT REQUIREMENTS
as Prime Contractor for Project
hereby make the following certification and acknowledgement
with respect to the applicability of Davis-Baco*n 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 (Owner or President)
Date
PLkNNING/DBCERT.TXT
10/15/90/pn
1/28/92/KAS/bjj D-7
ATTACIUqENT E
SAN BERNARDINO COUNTY
DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT
DELEGATE AGENCY
MMORWIL WD-M12i AND DISA BUD YEIERAN QMMI2 MINUS E—NURMSE EAR MICIPALMN
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, Women and Disabled Veteran Owned Business Enterprises(M/W/DVBE`S) for the
project named below. Include information on all subcontractors and suppliers if the total bid amount exceeds$10,000.
"Minority owned or coriftlied"means that 51%or more of the company's ownership or controlling interest in the company is
held by one or more African 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
Countv.
"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 fe-male persons.
"Disabled Veteran 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 disabled veterans.
PROJECT
Project Name Project Number
$ Federally funded or assisted? Yes No
Total Bid Amount
CONTRACTOR
Contractor Name Address
Federal I.D.Number Zip
Minority owned or controlled? Yes No
Portion of bid amount to be- Female owned or controlled? Yes No
performed by contractor
S11L3CQN1RAQJQRS
Subcontractor Name Address Zip
Federal I.D.Number Minority owned or controlled? Yes No
Female owned or controlled? Yes No
Subcontract Amount Disabled Veteran owned or controlled? Yes ]No
Minori1y. Women and Disabled Veteran Owned Business Etiter4gises Participation(Continued)
2)
Subcontractor Name Address Zip
Federal I.D. Number Minority owned or controlled? Yes No
$ Female owned or controlled? Yes No
Subcontract Amount Disabled Veteran owned or controlled? Yes No
3)
Subcontractor Name Address Zip
Federal I.D.Number Minority owned or controlled? Yes No
$ Female owned or controlled? ]Yes ]No
Subcontract Amount Disabled Veteran owned or controlled? Yes No
4)
Subcontractor Name Address Zip
Federal I.D.Number Minority owned or controlled? Yes No
$ Female owned or controlled? ] Yes ]No
Subcontract Amount Disabled Veteran owned or controlled? ] Yes ]No
5)
Subcontractor Name Address Zip
Federal I.D.Number Minority owned or controlled? ] Yes No
$ Female owned or controlled? Yes No
Subcontract Amount Disabled Veteran owned or controlled? Yes No
6)
Subcontractor Name Address Zip
Federal I.D.Number Minority owned or controlled? Yes No
$ Female owned or controlled? Yes No
Sub,-,ontract Amount Disabled Veteran owned or controlled? Yes No
7)
Subcontractor Name Address Zip
Federal I.D.Number Minority owned or controlled? Yes No
i Female owned or controlled? Yes No
Subcontract Amount Disabled Veteran owned or controlled? Yes ]No
8)
Subcontractor Name Address
Federal I.D.Number Zip
$ Minority owned or controlled? ] Yes ]No
Subcontract Amount Female owned or controlled? Yes j No
Disabled Veteran owned or controlled? Yes ]No
(Use additional copies of this form if needed to provide information on all subcontractors)
Minority.Women and Disabled Veteran Owned Business Enterprise Participation(Continued)
San Bernardino County MfW/DVBE 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, WBE's and DVBE'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. See
Public Contracts Code, Section 2000 which specifies the actions required for a good faith effort;or the federal regulations at
24 CFR Part 85, 36(e), Contracting With Small and Minority Finns, 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), 5%participation
of Women's Business Enterprise(WBE),and 3%participation of Disabled Veteran's Business Enterprise(DVBE),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.
M/W/DVBE PARTICIPATION ANALYSIS
$ Divided By$ Multiplied By 100=
(MBE Portion (Total Bid Amount) (Percentage of MBE
of Total Bid) Participation)
Divided By$ Multiplied By 100=
(WBE Portion (Total Bid Amount) (Percentage of WBE
of Total Bid) Participation)
Divided By Multiplied By 100=
(DVBE Portion (Total Bid Amount) (Percentage of DVBE
of Total Bid) Participation)
If the percentage of MBE participation is less than 15% or the percentage of WBE participation is less than 5%, or the
percentage of DVBE participation is less than 3%, 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 yoar 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 sign this form is cause for rejection of the bid as not being responsive or responsible.
AG.M-1S.1197.2)AGENCY.AGT
4!7/971BT/bb