HomeMy WebLinkAboutContracts & Agreements_47-2000REPORT/RECOMMENDATION OT THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY, CALIFORNIA
AND RECORD OF ACTION
June 20, 2000
FROM: THOMAS R. LAURIN, DIRECTOR
DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT
SUBJECT: 2000-2003 COMMUNITY DEVELOPMENT BLOCK GRANT CITY -COUNTY DELEGATE
AGENCY AGREEMENTS
RECOMMENDATION: Approve Community Development Block Grant (CDBG) City -County Delegate
Agency Agreements for fiscal years 2000-01 through 2002-03, between the County and each of the
following fourteen (14) Cooperating Cities:
CITY AGREEMENT NO. CITY AGREEMENT NO.
Adelanto 00-435 Loma Linda 00-442
Barstow 00-436 Montclair 00-443
Big Bear Lake 00-437 Needles 00-444
Chino Hills 00-438 Redlands 00-445
Colton 00-439 Twentynine Palms 00-446
Grand Terrace 00-440 Yucaipa 00-447
Highland 00-441 Yucca Valley 00-448
BACKGROUND INFORMATION: On June 29, 1999, the County executed a Cooperation Agreement with
each of the above fourteen cities for joint participation in the County's CDBG Program for fiscal years
2000-0lthrough 2002-03. 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 also necessary to enter into a Delegate Agency agreement with these 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.
REVIEW BY OTHERS: These agreements were approved by the City Councils of the fourteen
Cooperating Cities, by Deputy County Counsel Michelle Blakemore on June 9, 2000 and the Department
of Economic and Community Development's Contract Compliance designee (David Larsen) on June 9,
2000.
FINANCIAL DATA: This action has no effect on the County General Fund.
PRESENTER: Thomas R. Laurin, Director, 388-0808.
cc: ECD--Tom Laurin w/agreement
City w/agreement c/o ECD
Auditor w/agreement
SBD w/agreement
Risk Management
ED/PSG
File w/agreement
mll
Record of Action of the Board of Supervisors
APPROVED BOARD OF SUPERVISORS
COUNTY OF SAN BERNARDINO
MOTION SECOND AYE AYE AYE
1 2 3 4
EARLENE SPROAT, CLERK OF THE BOARD
BY
DATED: June(120, 2000
MOVE
5
14-9507-000
Rev. 01/96
ITEM 010
FOR COUNTY USE ONLY
County of San Bernardino
FAS
CONTRACT TRANSMITTAL
E
M
X
X
New
Change
Cancel
Vendor Code
��
Dept.
ECD
A
Contract Number
00-445
County
Economic
Department
and
Dept. Orgn.
Community Development ECD PROJ
Contractor's License No.
County Department Contract Representative Ph. Ext.
THOMAS R. LAURIN 0808
Amount of Contract
N/A
Fund
SBA
Dept.
ECD
Organization
PROJ 1
1
Appr.
200
Obj./Rev Source
2005 i
Activity
GRC/PROJ/JOB Number
Commodity Code
Estimated Payment Total by Fiscal Year
FY Amount I/D FY Amount I/D
N/A N/A
Project Name
2000-2003 CDBG City/County
Delegate Agency Agreements
CONTRACTOR City of Redlands
N/A Federal ID No. or Social Security No.
Birth Date
Contractor's Representative Ms. Mary Petite, CDBG Administrator
Address P.O. Box 3005, Redlands, CA 92373 Phone (909) 798-7500
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 29, 1999, when said Agreements were executed for joint
participation in the CDBG project for Program Years 2000 through 2003.
Pursuant to Section 16 of the Cooperation Agreements, the Delegate Agency Agreements and their attachments
are set forth to further implement the provisions of the Cooperation Agreements. They specify the procedures,
sequences, 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.)
Reviewed for Processing
Approved as to Legal Form
1•
County Counsel
Date
Reviewed as to Affirmative Action
Date 6�/ /
Agency Administrator/CAO
Date
COMMUNITY DEVELOPMENT BLOCK GRANT
CITY -COUNTY DELEGATE AGENCY AGREEMENT
For Fiscal Years 2000-01, 2001-02, 2002-03
This Agreement is made and entered into this 20th day of June, 2000, 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 2000-
01, 2001-02 and 2002-03, to which this is a subordinate and supplementary agreement per Section 16
(Other Agreements) of said Cooperation Agreement executed by these parties, dated June 29, 1999; 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:
1. PURPOSE
This Agreement is made pursuant to the provisions of Article 1, Chapter 5, Division 7, Title I of
the Government Code of the State of California (commencing with Section 6500), relating to
public agencies. The purpose of this Agreement is to implement the provisions of the
Cooperation Agreement in carrying out CDBG activities which have been approved by
COUNTY for CITY in accordance with 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.
1
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 2000-01 which begins July 1, 2000 and
shall continue in full force and effect through fiscal year 2002-2003 which ends on June 30, 2003.
COUNTY may grant an extension of up to six (6) months of the effective period of this Agreement
for the purpose of completing CITY's projects/activities which are underway and cannot be
completed during the term of this Agreement. CITY must request any such extension in writing.
Any extension will only be effective if granted in writing by COUNTY. Maintenance and operation
and monitoring requirements for facilities developed under the terms of the Agreement shall be in
effect and continue in full force as prescribed in Section 9.
3. AUTHORIZATION OF PROJECT/ACTIVITY
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 CITY's contracting party complies with all applicable
regulations and statutes, as amended, listed in Attachment C, Section IV.
5. MODIFICATION 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.
2
6. CONSOLIDATED PLAN AMENDMENT
Requests by CITY to add, delete or substantially modify an activity listed in CONSOLIDATED
PLAN must be made in writing to COUNTY. Requests to add new activity(ies) must be
accompanied by a CDBG project proposal application.
Substantial modifications are defined as follows: 1) a net increase of greater than 100% of the
activity allocation listed in a published 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 Consolidated
Plan 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. COUNTY RESPONSIBILITIES
COUNTY, through ECD, is empowered to enforce all Federal regulations pertaining to CDBG
funded projects undertaken by CITY under this Agreement. CITY recognizes that COUNTY, as the
formal grantee of the CDBG, has full responsibility and obligations to HUD for undertaking the
CDBG Program and has full authority in administering and allocating funds. CITY will have no
direct responsibilities or obligations to HUD, except as identified, under this Agreement. COUNTY
shall provide technical assistance to CITY in a timely and expeditious manner upon written request
to the Director of ECD.
8. CONFORMANCE TO COUNTY PROCEDURES
Under this Agreement, CITY elects to be responsible for carrying out CDBG projects. However,
in implementing said projects, CITY must perform all services and activities in accordance with
Federal and State statutory requirements and with the policies and procedures established by the
Board of Supervisors, and shall comply with the following:
A. COMMUNITY DEVELOPMENT ADMINISTRATOR
Upon COUNTY and CITY's mutual assent to this Agreement, CITY will designate a
"Community Development Administrator" by filling in the name of said person in the space
provided below. The Community Development Administrator is the responsible authority
for all correspondence with COUNTY, the signatory on AUTHORIZED PROJECT
Attachments A and B and shall advise the CITY council, CITY administration and CITY
staff, as appropriate regarding the CDBG program. CITY may, by written notification as
set forth below, change the Community Development Administrator.
CITY's Community Development Administrator for this Agreement is
MARY PETITE , TITLE: COST RECOVERY OFFICER
3
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
BONNIE JOHNSON , TITLE: FINANCE DIRECTOR
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 PROJECT'S Attachment A.
11. DISBURSEMENT OF FUNDS
All CDBG funds allocated to CITY'S AUTHORIZED PROJECT(S) shall be received from the
Federal Government by COUNTY under ACT. ECD will disburse the funds to CITY on a cost
reimbursement basis. Billing shall be accompanied by all pertinent source documentation to be
presented to ECD by CITY on or about the first day of each month, allowing 15 days for payment
on the part of ECD. COUNTY shall be entitled to retain from such funds such amount as is
calculated as the direct costs (including, but not limited to, salaries, benefits, mileage, actual cost
of materials, meals and other authorized expenses allowable under the Travel Code Section 13.0638
County of San Bernardino) incurred by COUNTY in implementing CITY's AUTHORIZED
PROJECTS.
12. WITHHOLDING OF FUNDS
COUNTY shall retain the right to withhold funds for any programs carried out by CITY, CITY's
Contractor, or CITY's subcontractor upon giving written notice to CITY indicating that COUNTY
has determined that CITY has not performed its obligations as stated in this Agreement in a
satisfactory or timely manner consistent with Federal regulations or policy. COUNTY shall notify
CITY in writing of this determination, specifying the objection(s) to CITY's performance. CITY
4
shall then have a maximum of 10 days in which to remedy said deficiencies. Should approval of
COUNTY not be obtained within said period, COUNTY shall have full authority to reallocate
CITY's CDBG program funding to other eligible activities which can be implemented or to assume
sole responsibility for carrying out any and/or all AUTHORIZED PROJECTS, upon written notice
to CITY. Upon such notice, CITY agrees to cease all activity provided hereunder, as specified in
said notice.
13. PROGRAM INCOME
Program income represents net income directly generated from the use of CDBG funds by CITY as
a result of the activity funded under the terms of this Agreement. When such income is generated
by an activity only partially assisted with CDBG funds, the income shall be prorated to reflect the
percentage of CDBG funds used. CITY shall retain the use of program income by returning program
income to COUNTY and requesting project budget increases for activities authorized under this
Agreement. Program income shall be returned to COUNTY within thirty (30) days after: a)
disposition or sale of real or personal property occurs or; b) cumulative program income reaches
increments of one thousand dollars ($1,000); or c) the end of each fiscal year. CITY shall include
the reports required by Section 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
Consolidated Annual Performance Evaluation 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. ACCOUNTING
CITY must establish and maintain on a current basis an adequate accrual accounting system in
accordance with generally accepted accounting principles and standards.
17. AUDITS
CITY is required to arrange for an independent financial and compliance audit annually for each
fiscal year during which Federal funds are received under this Agreement as required by Circular
A-128 pursuant to the Single Audit Act of 1984, Public Law 98-502. The results of the single audit
must be submitted to COUNTY within thirty (30) days of completion. Within thirty (30) days Of
the submittal of said audit report, CITY shall provide a written response to all conditions or findings
reported in said audit report. The response must examine each condition or finding and explain a
proposed resolution, including a schedule for correcting any deficiency. All condition or finding
correction actions shall take place within six (6) months after ECD's receipt of the audit report. An
audit may also be conducted by Federal, State or local funding source agencies as part of the
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. REVERSION OF ASSETS
Upon Agreement termination CITY shall transfer to COUNTY all CDBG funds on -hand at the time
of expiration and any accounts receivable attributable to the use of CDBG funds.
All real property acquired or improved in whole or in part with CDBG funds in excess of $25,000
under this Agreement must continue in the use that provides the service benefits and national
objectives for which it was funded until five years after expiration of this Agreement, or such longer
period of time as determined by COUNTY; or it must be disposed of in a manner resulting in a
reimbursement to COUNTY in the amount of the current fair market value of the property less any
portion thereof attributable to expenditures of non-CDBG funds for the acquisition of, or
improvement to, the property.
19. TERMINATION AND TERMINATION COSTS
This Agreement may be terminated in whole or in part at any time by either party upon giving their
(30) days notice in writing to the other party. An agreement must be reached by both parties as to
reasons and conditions for termination in compliance with the provisions of Federal Regulations at
6
24 CFR Part 85.44, Termination for Convenience. COUNTY ECD is hereby empowered to give
said notice subject to ratification by the COUNTY Board of Supervisors.
COUNTY may immediately terminate this Agreement upon the termination, suspension,
discontinuation or substantial reduction in HUD CDBG funding for the Agreement activity or if for
any reason the timely completion of the work under this Agreement is rendered improbable,
infeasible or impossible. If CITY materially fails to comply with any term of this Agreement,
COUNTY may take one or more of the actions provided under the Federal Regulation at 24 CFR
Part 85.43, Enforcement, which include temporarily withholding cash, disallowing non -compliant
costs, wholly or partly terminating the award, withholding future awards, and other remedies that
are legally available. In such event, CITY shall be compensated for all services rendered and all
necessarily incurred costs performed in good faith in accordance with the terms of this Agreement
that have been previously reimbursed, to the date of said termination to the extent that CDBG funds
are available from HUD.
20. PROJECT ACKNOWLEDGMENT
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 largest dollar amount first, the
second largest dollar amount second, etc.
21. CONTRACT COMPLIANCE
CITY will take all necessary affirmative steps to assure that minority firms, women's business
enterprises, and Labor surplus Area Firms (a firm located in an area of high unemployment) are used
when possible in compliance with provisions of Title 24 Code of Federal Regulations Part 85.36(e).
CITY shall comply with Executive Orders 11246, 11375, 11625, 12138, 12432, 12250, Title VII of
the Civil Rights Act of 1964, the California Fair Employment and Housing Act, County Policy 11-
15, and other applicable federal, state and COUNTY laws, regulations and policies relating to equal
employment and contracting opportunities, including laws and regulations hereafter enacted.
CITY shall make every effort to ensure that all projects funded wholly or in part by CDBG Program
funds shall provide equal employment and career advancement opportunities for minorities and
women. In addition, CITY shall make every effort to employ residents of the area and shall keep
a report of CITY staff positions that have been funded directly by, or as a result of this program.
22. CITY'S WARRANTY OF ADHERENCE TO COUNTY'S CHILD SUPPORT COMPLIANCE
PROGRAM
CITY acknowledges that COUNTY has established a goal of ensuring that all individuals who
benefit financially from COUNTY through contract are in compliance with their court -ordered child,
family and spousal support obligations in order to mitigate the economic burden otherwise imposed
upon COUNTY and its taxpayers. As required by COUNTY'S Child Support Compliance Program
(County Code Section 110.0101 et seq.) and without limiting CITY'S duty under this contract to
comply with all applicable provisions of law, CITY warrants that it is now in compliance and shall
during the term of this contract maintain compliance with employment and wage reporting
requirements as required by the Federal Social Security Act (42 USC Section 653a) and California
Unemployment Insurance Code Section 1088.5, and shall implement all lawfully served Wage and
Earnings Withholding Orders or District Attorney Notices of Wage and Earnings Assignment for
Child or Spousal Support Pursuant to Code of Civil Procedure Section 706.031 and Family Code
Section 5246 (b). Contractor hereby acknowledges COUNTY may require the Contractor to submit
upon the request of the District Attorney a completed Principal Owner Information (POI Form,
Exhibit 1 of 2.
TERMINATION FOR BREACH OF WARRANTY TO MAINTAIN COMPLIANCE WITH
COUNTY'S CHILD SUPPORT COMPLIANCE PROGRAM
Failure of CITY to maintain compliance with the requirements set forth in the preceding paragraph
shall constitute a default by CITY under this contract. Without limiting the rights and remedies
available to COUNTY under law or under any other provision of this contract, failure to cure such
default within ninety (90) days of notice by the San Bernardino County District Attorney shall be
grounds upon which the County Board of Supervisors may terminate this contract.
23. DISCRIMINATION
During the performance of this Agreement, CITY agrees not to discriminate against any contractor
or applicant for employment in performing work because of race, color, religion, sex or national
origin. CITY further agrees to take affirmative action to ensure that its contractors employ and treat
all employees during employment without regard to their race, color, religion, sex or national origin.
Such action shall include, but not be limited to, the following: employment, upgrading, demotion
or transfer, recruitment or recruitment advertising, lay off or termination, etc. CITY will cause
contractor to comply with the provisions of Executive Order 11246 of September 24, 1965, and the
rules, regulations, and relevant orders of the Secretary of Labor. CITY shall require its contractor
to post in conspicuous places, available to employees and applicants for employment, notices setting
forth the provisions of this nondiscrimination clause.
24. STANDARDS OF CONDUCT
Pursuant to Office of Management and Budget Circular A-110 Attachment 0 and 24 CFR 570.611,
Conflict of Interest, and 24 CFR Part 85.36, Procurement, CITY shall maintain a written code or
standards of conduct which shall govern the performance of their officers, employees or agents
engaged in the award and administration of contracts supported by Federal funds. No employee,
officer or agent of the CITY shall participate in 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.
8
CITY's officers, employees or agents shall neither solicit nor accept gratuities, favors or anything
of monetary value from contractors, potential contractors, or parties to subagreements.
CITY may set minimum rules where the financial interest is not substantial or the gift is an
unsolicited item of nominal intrinsic value.
To the extent permitted by State or local law or regulations, such standards of conduct shall provide
• for penalties, sanctions, or other disciplinary actions for violations of such standards by CITY's
officers, employees, or agents, or by contractors or their agents.
25. RELIGIOUS 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.
9
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 Employer's Liability with $250,000 limits, covering all persons
providing services on behalf of CITY and all risks to such persons under this Contract.
Comprehensive General and Automobile Liability Insurance - This coverage to include contractual
coverage and automobile liability coverage for owned, hired, and non -owned vehicles. The policy
shall have combined single limits for bodily injury and property damage of not less than one million
dollars ($1,000,000).
Errors and 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.
Proof of Coverage - CITY shall immediately furnish certificates of insurance to ECD evidencing the
insurance coverage, including endorsements, above required prior to the commencement of
performance of services hereunder, which shall provide that such insurance shall not be terminated
or expire without thirty (30) days written notice to ECD, and CITY shall maintain such insurance
from the time CITY commences performance of services hereunder until the completion of such
services. Within sixty (60) days of the commencement of this Contract, CITY shall furnish certified
copies of the policies and all endorsements. CITY shall complete and submit Contract Exhibit 2of
2 Insurance Inventory, along with the above required insurance documents.
28. INSURANCE REVIEW
The above insurance requirements are subject to periodic review by COUNTY. The COUNTY's
Risk Manager is authorized, but not required, to reduce or waive any of the above insurance
requirements whenever the Risk Manager determines that any of the above insurance is not
available, is unreasonably priced, or is not needed to protect the interests of COUNTY. In addition,
if the Risk Manager determines that heretofore unreasonably priced or unavailable types of
insurance coverage or coverage limits become reasonably priced or available, the Risk Manager is
authorized, but not required, to change the above insurance requirements, to require additional types
of insurance coverage or higher coverage limits, provided that any such change is reasonable in light
of past claims against COUNTY, inflation, or any other item reasonably related to the COUNTY's
risk.
10
Any such reduction or waiver for the entire term of the Contract and any change requiring additional
types of insurance coverage or higher coverage limits must be made by amendment to this Contract.
CITY agrees to execute any such amendment within thirty (30) days of receipt.
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.
11
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
By
JO KELS, Chairman
Boar of Supervisors
JUN 2 0 2000
CITY OF REDLANDS
PAT GILBREATH, Mayor
Dated: May 2, 2000
APPROVED AS TO FORM. THE TERMS ATTEST:
AND PROVISIONS OF THIS AGREEMENT
ARE FULLY AUTHORIZED UNDER STATE By:
AND LOCAL LAW AND THIS AGREEMENT
PROVIDES FULL LEGAL AUTHORITY
FOR COUNTY TO UNDERTAKE OR Dated: May 2, 2000
ASSIST IN UNDERTAKING ESSENTIAL
COMMUNITY DEVELOPMENT AND
HOUSING ASSISTANCE ACTIVITIES,
SPECIFICALLY URBAN RENEWAL AND
PU:LICLY ASSISTED HOUSING.
By: v • v
County
SIGNED AND CERTIFIED THAT A COPY OF
THIS DOCUMENT HAS BEEN DELIVERED
TO THE CHAIRMAN OF THE BOARD
EARLENE SPROAT
Clerk of the Board of Supervisors
of the County of San Bernardino
By:
WORD/MY DOCS/DELEGATE AGENCY/00 DAGENCY AGT.DOC
5/1/00/bjj
I
E POYZF, I Clerk
-12
Exhibit 1
PRINCIPAL OWNER INFORMATION FORM
San Bernardino County Code Section 110.0101 et seq. contains the San Bernardino County Child Support Compliance Program. This
Program requires the County to provide certain information to the District Attorney concerning its employees and business licenses.
It further requires that bidders or proposers for County contracts provide, directly to the District Attorney, information concerning
their "Principal Owners," that is, those natural persons who own an interest of 10% or more in the Contractor. For each "Principal
Owner," the information which must be provided to the District Attorney is: 1) the Principal Owner's name; 2) his or her title, and; 3)
whether or not the Contractor has made a payment of any sort to the Principal Owner.
IN ORDER TO COMPLY WITH THIS REQUIREMENT, COMPLETE THIS FORM AND MAIL OR FAX IT DIRECTLY
TO THE DISTRICT ATTORNEY AT THE ADDRESS OR FAX NUMBER SHOWN BELOW ON OR BEFORE THE DATE
YOU SUBMIT A BID OR PROPOSAL A COUNTY DEPARTMENT.
NTA N DOCUMENTATION OF SUBMISSION.
In addition, bidders or proposers must certify to the soliciting County department that they are in full compliance with the Program
requirements by submitting the Child Support Compliance Program Certification, along with the bid or proposal.
To: District Attorney Child Support Division
Ombudsman Program
10417 Mountain View Avenue
Loma Linda, CA 92354-2030
FAX: (909) 478-7470
PHONE: (9.09) 478-7300
Contractor Name as Shown on Bid or Proposal:
Contractor Address:
Contractor Phone: Fax:
County Department Receiving Bid or Proposal: Dept. of Economic and Community Development
Type of Goods or Services to be Provided:
Contract or Purchase Order Number (if applicable):
Principal Owners: Please check appropriate box. If Box I is checked, no further information is required. Please sign and date
the form below.
I. ❑ No natural person owns an interest of 10% or more in this Contractor.
II. ❑ Required Principal Owner information is provided below. (Use a separate sheet, if necessary
1.
2.
PAYMENT
NAME OF PRINCIPAL OWNER TITLE RECEIVED FROM
CONTRACTOR
YES NO
3.
I DECLARE, UNDER PENALTY OF PERJURY, THAT THE FOREGOING NFORMATION IS TRUE AND
CORRECT.
By:
Date:
(Signature of a Principal Owner, an Officer, or Manager responsible for submission of the bid or proposal to the County).
Printed Name
Title / Position
EXHIBIT 2
COUNTY OF SAN BERNARDINO DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT
Pro1ec� t/Activity Title:
Case Number: :
Name/Address of Contractor Agency:
Date of Issue:
Original: Beginning
INSURANCE INVENTORY
Amendment #
WORKERS' COMPENSATION/EMPLOYER'S LIABILITY INSURANCE
Name of Program
Effective Dates
Employer's Liability Limit $
Certificate of Insurance Attached
Yes No: On File w/ ECD
COMPREHENSIVE AND GENERAL AUTOMOBILE LIABILITY INSURANCE
Name of Contractor's General Insurance Company
Limits of Liability Effective Dates
Per Occurrence $ Additional Insured Endorsement Attached Yes No: On File w/ ECD
Annual Aggregate $_Certificate of Insurance Attached
Yes No: On File w/ ECD
Name of Contractor's Automobile Liability Insurance Company
Limits of Liability Effective Dates
g
Per Person Per Accident $
Damage Liability $ Combined Single Limit
$
ERRORS AND OMISSIONS LIABILITY INSURANCE
Name of Contractor's Insurance Company
Limits of Liability Effective Dates
Per Occurrence $ Additional Insured Endorsement Attached Yes No: On File w/ ECD
Annual Aggregate $ Certificate of Insurance Attached
Yes No: On File w/ ECD
PROFESSIONAL LIABILITY INSURANCE
Name of Contractor's Insurance Company
Limits of Liability Effective Dates
Per Occurrence $ Additional Insured Endorsement Attached Yes No: On File w/ ECD
Annual Aggregate $ Certificate of Insurance Attached Yes No: On File w/ ECD
PROJECT NUMBER:
CASE NUMBER:
ATTACHMENT A - RE UEST TO INITIATE PROJECT/ACTIVITY
DATE OF ORIGINAL ISSUE:
ORIGINAL: REVISION #:
DATE OF REVISION:
TARGET AREA:
ment
Pursuant to the terms of the Delegate Agency Agreement between the herebyrequests thant of tlthe following project/activityic and Community
be
(ECD) and the e of dated ______= ECD
initiated. There will be no changes in Project/Activity Title, Activity
Budget
Economic land Community Devent A) or in the elopment.
p Description
nt r 1ptton
(Attachment B) without written approval of the Director of the Department
PROJECT/ACTIVITY TITLE:
TOTAL PROJECT FUNDING: $
ACTIVITY LOCATION: CITY CDBG ALLOCATION
RELEASED: $
CITY CDBG FUNDS EXPENDED $
AS OF:
BALANCE OF FUNDS AVAILABLE: $
DATE OF RELEASE OF FUNDS:
SCHEDULE OF CITY CDBG ALLOCATION: Year 26 Year 27 Year 28 TOTAL OF
Years 1-22 Year 23 Year 24 Year 25S02__-28 YEARS
75-97 97-98 98-99 99-00 00-01 01-02 __-031- $
$ $ $ $ $ $
MAINTENANCE AND OPERATION BUDGET/AGREEMENT:
OTHER PERTINENT INFORMATION:
ACCEPTANCE OF RE UEST TO INITIATE PROJECT/ACTIVITY
p
escrie
I hereby acknowledge theancereceipt of the Request to Initiate the above Project/Activity and agree to
olimplement the Avaiiabde subbecd
above
cation and
t
in Attachment B (Project/Activity Description)ccTheance with proposed budget forAtl illos project isas follows:
to necessary approvals of the Board of Supervisors.
PURCHASE OF EQUIPMENT: $$
LANE ACQUISITION: $ CONSTRUCTION COST:
STAFF COST RELATED CITY STAFF COST: $
TO LAND ACOUISITION_ $ CONTINGENCY: $
DESIGN_ $ CONSULTANT SERVICES: $ OTHER: $
TOTAL CITY CDBG ALLOCATION AVAILABLE: $
DATE:
IMPLEMENTING CITY:
TITLE:
SIGNATURE:
COUNTY OF SAN BERNARDINO
DIRECTOR DATE:
DEPARTMENT OF ECONOMIC AND COMMUNITY PUBLIC GROUP EVELOPMENT/
ECONOMIC DEVELOPMENT ANDUBLIC SERVIC
PROJECT NUMBER:
CASE NUMBER:
TARGET AREA:
PROJECT/ACTIVITY TITLE:
ACTIVITY LOCATION:
ACTIVITY DESCRIPTION:
IMPLEMENTING CITY:
ATTACHMENT B - PROJECT/ACTIVITY DESCRIPTION
DATE OF ORIGINAL ISSUE:
ORIGINAL: REVISION #:
DATE OF REVISION:
SIGNATURE
DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT/
ECONOMIC DEVELOPMENT AND PUBLIC SERVICES GROUP
DIRECTOR
DATE
TITLE
DATE
My Docs/A&Bs/Deleg to Agency A&B,doc
4n7/00/cE/b)J
Attachment C
COUNTY OF SAN BERNARDINO
DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT
DELEGATE AGENCY
COORDINATION PROCEDURES
I. 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.
II. 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 Project Status Reports covering all current
AUTHORIZED PROJECTS. See Attachment "D" for blank Monthly Status Report form. Contract
procurement shall be governed by all Federal regulations and statutes, as amended, listed in Section
IV of the Attachment. ECD payments of DA Requests for Reimbursement will be subject to DA
• submittal of a complete reimbursement report package as listed in Section III, D-22.
A. Project/Activity Budget
Each project activity is initiated by an Attachment "A". The Attachment "A" is released
when the project/activity is ready to be implemented and subsequent to environmental
clearance and release of funds from HUD. It specifies the total funding allocation for the
project/activity, the portions currently released and available to expend, the budget
categories the allocation will be expended under, and the entity responsible for maintenance
and operation of the completed project.
In accepting the Attachment "A" the DA is to complete an estimated budget showing the
allocation distribution to design costs, staff costs, construction costs, etc. This breakdown
may also include a contingency or inflation factor not to exceed 10% of the total activity
allocation.
B. Activity Description
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 Community
Development Division.
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:
-13
1. 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.
III. 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).
1. 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.
-14
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.
g. 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).
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.
g.
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 Engineer Selection
1. The usual procedure for the selection of an architect or engineer involves a Request
for Proposal (RFP) for professional services, following this process:
a. DA: Prepares an RFP for architectural, engineering, or other consultant
services.
-15
b. DA: Submits, prior to release all RFP's to ECD for review for contract
compliance and consistency with Federal Title 24 CFR, Part 85
Section 85.36 (Procurement Standards).
c. DA: Reviews RFP's for compliance with State, Federal, local and ECD
regulations. Requests ECD for "Approval to Proceed to Issue
RFP".
d. ECD: Issues to DA an "Approval to Proceed to Issue an RFP".
e. DA: Advertises RFP, receives responses, interviews, requests ECD
representation on selection committee and makes selection.
f. DA: Notifies ECD of selection. Sends back-up documentation and draft
contract to ECD. Requests ECD for "Approval to Proceed to
Award a Consultant Services Contract".
g. 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. 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
1. 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 11-15, if applicable, and 24 CFR 85.36(e) regarding the
participation of minority, disadvantaged and women business enterprises
(MWBE's) in the proposed construction contract. If DA has its own plan
which meets the aforementioned requirements, it may use this plan for bid
-17
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/Subcontractor's 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.
11. 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.
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
WH-347.
20. ECD: Receives from contractor, duplicate copies of Weekly Certified Payroll
forms WITH ORIGINAL SIGNATURES.
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.
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(ies) of change order(s) along with
"Request for Approval of a Contract Change Order" to ECD. Notifies ECD
of proposed changes in the list of subcontractors(a) and submits "Request
For Approval to Proceed" to add or delete subcontractor(s) from the
approved list.
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.
-19
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.
1) 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-110.
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:
1) 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.
I. Rehabilitation Act of 1973, as amended.
-20
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. 2000d et seq).
O. 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(b)).
WORD/MY DOCS/DELEGATE AGENCY/00 DAGENCY AGT.DOC
4/21/00/bjj
-21
ATTACHMENT D
Contents
Construction Contract Provisions.......
Request for Approval to Proceed Form
Monthly Status Report Form ...
Employee Interview Form ...........
Weekly Certified Payroll (Forms WH-347,348).
Davis -Bacon Act Certification Form ..............................
Page
D-1
D-2
D-3
D-4
D-5
D-6
DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT
CONSTRUCTION CONTRACT PROVISIONS
The following certifications, standards, and instructions are provide to ensure compliance with 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 And Prevailing Wage Requirements - This certification is to be
completed by the prime contractor and submitted upon request by the City and/or theE.C.D. prior to contract award
when the contract amount exceeds S2,000.
b. Subcontractor Certification Conceming Labor Standads And Prevailing Wage Requirements - This certification is to be
completed by the subcontractor and submitted upon request by the City and the E.C.D. prior to contract awardwhen the
contract amount for the prime contractor exceeds S2,000.
c.
d.
Federal labor Standard Provisions - The prime contractor and all subcontractors are required to abide by the federal labor
standards when the contract amount with the prime contractor exceeds S2,000. The prime contractor is responsible for
including these provisions in all subcontracts.
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 S2,000.
e. Contractor's Certification of Compliance with Davis -Bacon and Related Act Requirementsmust be submitted upon request by
the City and/or the E.C.D. prior to contract award
II. Equal Employment Regulations - This section contains Federal Equal Opportunity requirements regarding construction and non -
construction contracts,
a. Certification Of Bidder Regarding Equal Employment Opportunity - This certification is to be completed by the prime
contractor and submitted upon request by the City and/orE.C.D. prior to contract award.
b. Certification By Proposed Subcontractor Regarding Equal Employment Opportunity - This certification is to be cmpleted by
the subcontractor and submitted upon request by the Ciry and orE.CD. prior to contract award
c.
Affirmative Action Compliance Guidelines For Construction Or Non -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 as required by the City and the E.C.D. prior to contract award This provision generally applies to
contracts and subcontracts in excess ofS10,000.
"Section 3" - To the greatest extent feasible, the contractor and subcontractor must comply with this provision as it relates to
the training and employment opportunities of lower income persons residing within the County of San Bemardino.
111. Bonding and Insurance Requirements- This section contains the minimum bonding requirements for constriction service contracts. City
forms are provided for this requirement.
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 (10%) of the bid price and submitted with the bid.
b.
c.
Form Of Performance Bond - This is an example of the performance bond required from the prime contractor. The
performance bond must be at least one hundred percent (100%) of the contract price and submitted upon execution of the
contract.
Form Of Labor And Materials Bond - This is an example of the payment bond required from the prime contractor. The labor
and materials bond must be at least one hundred percent (100%) 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. Supplemental General Conditions -This section contains special federal requirements.
a. Certification Of Compliance With Air And Water Acts - The prime contractor and all subcontractors must comply with this
certification when the contract exceeds $100,000. '
b. Certification of bidder regarding restrictions on public buildings and,public works projects.
D-1
Federal Labor Standards Provisions
U.S. Department of Housing
and Urban Development
it
Applicability
The Project or Program to which the construction work covered by this
contract pertains is being assisted by the United States of America and the
following Federal Labor Standards Provisions are included in this Contract
pursuant to the provisions applicable to such Federal assistance.
A. 1. (I) Minimum Wages. All laborers and mechanics employed or work-
ing upon the site of the work (or under the United States Housing Act of
1937 or under the Housing Act of 1949 in the construction or development
of the project), will be paid unconditionally and not less often than once a
week, and without subsequent deduction or rebate on any account (except
such payroll deductions as are permitted by regulations issued by the
Secretary of Labor under the Copeland Act (29 CFR Part 3), the full amount
of wages and bona fide fringe benefits (or cash equivalents thereof) due at
time of payment computed at rates not less than those contained in the
wage determination of the Secretary of Labor which is attached hereto and
made a part hereof, regardless of any contractural relationship which may
be alleged to exist between the contractor and such laborers and
mechanics. Contributions made or costs reasonably anticipated for bona
fide fringe benefits under Section 1(b)(2) of the Davis -Bacon Act on behalf
of laborers or mechanics are considered wages paid to such laborers or
mechanics, subject to the provisions of 29 CFR-5.5(a)(1)(iv); also, regular
contributions made or costs incurred for more than a weekly period (but
not less often than quarterly) under plans, funds, or programs, which cover
the particular weekly period, are deemed to be constructively made or
incurred during such wee-,iy period.
Such laborers and mecanics shall be paid the appropriate wage rate
and fringe benefits on the wage determination for the classification of work
actually performed, without regard to skill, except as provided in 29 CFR
Part 5,5(a)(4)..Laborers or mechanics performing work in more than one
classification may be compensated at the rate specified for each classifica-
tion for the time actually worked therein: Provided, That the employer's pay-
roll records accurately set forth the time spent In each classification in
which work is performed, The wage determination (including any additional
classification and wage rates conformed under 29 CFR Part 5,5(a)(1)(ii) and
the Davis -Bacon poster (WH-1321) shall be posted at all times by the con-
tractor and its subcontractors at the site of the work in a prominent and
accessible. place where It can be easily seen by the workers.
(II) (a) Any class of laborers or mechanics which is not listed in the
wage determination and which is to be employed under the contract shall
be classified in conformance with the wage determination. HUD shall
approve an additional classification and wage rate and fringe benefits
therefore only when the following criteria have been met
(1) The work to be performed by the classification requested is not
performed by a classification in the wage determination; and
(2) The classification is utilized in the area by the construction
industry; and
(3) The proposed wage rate, including any bona fide fringe bene-
fits, bears a reasonable relationship to the wage rates contained in the
wage determination.
(b) If the contractor and the laborers and mechanics to be employed
in the classification (if known), or their representatives, and HUD or its
designee agree on the classification and wage rate (including the amount
designated for fringe benefits where appropriate), a report of the action
taken shall be sent by HUD or its designee to the Administrator of the Wage
and Hour Division, Employment Standards Administration, U.S. Department
of Labor, Washington, D.C. 20210. The Administrator, or an authorized
representative, will approve, modify, or disapprove every additional classifi-
cation action within 30 days of receipt and so advise HUD or its designee
or will notify HUD or its designee within the 30-day period that additional
time is necessary. (Approved by the Office of Management and Budget
under OMB control number 1215-0140.)
(c) In the event the contractor, the laborers or mechanics to be
employed in the classification or their representatives, and HUD or its
designee do not agree on the proposed classification and wage rate
(including the amount designated for fringe benefits, where appropriate),
HUD or its designee shall refer the questions, including the views of all
interested parties and the recommendation of HUD or its designee, to the
Administrator for determination. The Administrator, or an authorized repre-
sentative, will issue a determination within 30 days of receipt and so advise
HUD or Its designee or will notify HUD or its designee within the 30-day
period that additional time is necessary. (Approved by the Office of Man-
agement and Budget under OMB Control Number 1215-0140.)
(d) The wage rate (including fringe benefits where appropriate)
determined pursuant to subparagraphs (1)(b) or (c) of this paragraph, shall
be paid to all workers performing work in the classification under this con-
tract from the first day on which work is performed in the classification,
(ill) Whenever the minimum wage rate prescribed in the contract for a
class of laborers or mechanics includes a fringe benefit which is not
expressed as an hourly rate, the contractor shall either pay the benefit as
stated in the wage determination or shall pay another bona fide fringe
benefit or an hourly cash equivalent thereof.
(iv) If the contractor does not make payments to a trustee or other third
person, the contractor may consider as part of the wages of any laborer or
mechanic the amount of any costs reasonably anticipated in providing
bona fide fringe benefits under a plan or program, Provided, That the
Secretary of Labor has found, upon the written request of the contractor,
that the applicable standards of the Davis -Bacon Act have been met The
Secretary of Labor may require the contractor to set aside in a separate
account assets for the meeting of obligations under the plan or program.
(Approved by the Office of Management and Budget under OMB Control
Number 1215-0140.)
2. Withholding. HUD or its designee shall upon its own action or upon
written request of an authorized representative of the Department of Labor
withhold or cause to be withheld from the contractor under this contract or
any other Federal contract with the sarne prime contractor, or any other
Federally -assisted contract subject to Davis -Bacon prevailing wage
requirements, which is held by the same prime contractor so much of the
accrued payments or advances as may be considered necessary to pay
laborers and mechanics, including apprentices. trainees and helpers,
employed by the contractor or any subcontractor the full amount of wages
required by the contract In the event of failure to pay any laborer or
mechanic, including any apprentice, trainee or helper, employed or working
on the site of the work (or under the United States Housing Act of 1937 or
under the Housing Act of 1949 in the construction or development of the
project), all or part of the wages required by the contract, HUD or its desig-
nee may, after written notice to the contractor, sponsor, applicant, or owner,
take such action as may be necessary to cause the suspension of any
further payment, advance, or guarantee of funds until such violations have
ceased. HUD or its designee may, after written notice to the contractor, dis-
burse such amounts withheld for and on account of the contractor or sub-
contractor to the respective employees to whom they are due. The Comp-
troller General shall make such disbursements in the case of direct
Davis -Bacon Act contracts.
3. (i) Payrolls and basic records. Payrolls and basic records relating
thereto shall be maintained by the contractor during the course of the work
preserved for a period of three years thereafter for all laborers and
mechanics working at the site of the work (or under the United States
Housing Act of 1937, or under the Housing Act of 1949, in the construction
or development of the project). Such records shall contain the name,
address, and social security number of each such worker, his or her cor-
rect classification, hourly rates of wages paid (including rates of contribu-
tions or costs anticipated for bona fide fringe benefits or cash equivalents
thereof of the types described in Section 1(b)(2)(B) of the Davis-t-o'con Act),
daily and weekly number of hours worked, deductions made and actual
wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5
(a)(1)(1v) that the wages of any laborer or mechanic include the amount of
any costs reasonably anticipated in providing benefits under a plan or pro-
gram described in Section 1(b)(2)(B) of the Davis -Bacon Act, the contractor
shall maintain records which show that the commitment to provide such
Previous Edition is Obsolete
HUD-4010 (2.84)
benefits is enforceable, that the plan or program is financially responsible,
and that the plan or program has been communicated in writing to the
laborers or mechanics affected, and records which show the costs antici-
pated or the actual cost incurred in providing such benefits. Contractors
employing apprentices or trainees under approved programs shall maintain
written evidence of the registration of apprenticeship programs and certifi-
cation of trainee programs, the registration of the apprentices and trainees,
and the ratios and wage rates prescribed in the applicable programs.
(Approved by the Office of Management and Budget under OMB Control
Numbers 1215-0140 and 1215-0017.)
(ii) (a) The contractor shall submit weekly for each week in which any
contract work is performed a copy of all payrolls to HUD or its designee if
the agency is a party to the contract, but if the agency is not such a party,
the contractor will submit the payrolls to the applicant, sponsor, or owner,
as the case may be, for transmission to HUD or its designee. The payrolls
submitted shall set out accurately and completely all of the information
required to be maintained under 29 CFR Part 5.5(a)(3)(I), This information
may be submitted in any form desired. Optional Form WH-3.47 Is available
for this purpose and may be purchased from the Superintendent of Docu-
ments (Federal Stock Number 029-005-00014-1), U.S. Government Printing
Office, Washington, DC. 20402. The prime contractor is responsible for the
submission of copies of payrolls by all subcontractors. (Approved by the
Office of Management and Budget under OMB Control Number
1215-0149.)
(b) Each payroll submitted shall be accompanied by a "Statement of
Compliance," signed by the contractor or subcontractor or his or her agent
who pays or supervises the payment of the persons employed under the
contract and shall certify the following:
(1) That the payroll for the payroll period contains the information
required to be maintained under 29 CFR Part 5.5 (a)(3)(i) and that such
information is correct and complete;
(2) That each laborer or mechanic (including each helper,
apprentice, and trainee) employed on the contract during the payroll period
has been paid the full weekly wages earned, without rebate, either directly
or indirectly, and that no deductions have been made either directly or indi-
rectly from the full wages earned, other than permissable deductions as set
forth in 29 CFR Part 3;
(3) That each laborer or mechanic has been paid not less than the
applicable wage rates and fringe benr., is or cash equivalents for the clas-
s,cation of work performed, as specified in the applicable wage determine -
:ion incorporated into the contract.
(c) The weekly submission of a properly executed certification set
forth on the reverse side of Optional Form WH-347 shall satisfy the
requirement for submission of the "Statement of Compliance" required by
paragraph A,3.(i1)(b) of this section,
(d) The falsification of any of the above certifications may subject the
pontractor or subcontractor to civil or criminal prosecution under Section
1001 of Title 18 and Section 231 of Title 31 of the United States Code.
(ill) The contractor or subcontractor shall make the records required
Jnder paragraph A.3.(i) of this section available for inspection, copying, or
ranscription by authorized representatives of HUD or its designee or the
Department of Labor, and shall permit such representatives to interview
:mployees during working hours on the job, If the contractor or subcon-
'actor fails to submit the required records or to make them available, HUD
)r its designee may, after written notice to the contractor, sponsor, appli-
:ant, or owner, take such action as may be necessary to cause the sus-
;ension of any further payment, advance, or guarantee of funds. Further-
-tore, failure to submit the required records upon request or to make such
scords available may be grounds for debarment action pursuant to 29
:FR Part 5.12.
4. (i) Apprentices and Trainees. Apprentices. Apprentices will be per-
;itted to work at less than the predetermined rate for the work they per-
prmed when they are employed pursuant to and individually registered in a
ona fide apprenticeship program registered with the U.S. Department of
abor, Employment and Training Administration, Bureau of Apprenticeship
nd Training, or with a State Apprenticeship Agency recognized by the
ureau, or if a person is employed In his or her first 90 days of probationary
'nployment as an apprentice in such an apprenticeship program, who is
pt individually registered in the program, but who has been certified by the
ureau of Apprenticeship and Training or a State Apprenticeship Agency
/here appropriate) to be eligible for probationary employment as an
apprentice. The allowable ratio of apprentices to journeymen on the job site
in any craft classification shall not be greater than the ratio permitted to the
contractor as to the entire work force under the registered program. Any
worker listed on a payroll at an apprentice wage rate, who is not registered
or otherwise employed as stated above, shall be paid not less than the
applicable wage rate on the wage determination for the classification of
work actually performed, In addition, any apprentice performing work on
the job site in excess of the ratio permitted under the registered program
shall be paid not less than the applicable wage rate on the wage determi-
nation for the work actually performed. Where a contractor is performing
construction on a project in a locality other than that in which its program is
registered, the ratios and wage rates (expressed in percentages of the jour-
neyman's hourly rate) specified in the contractor's or subcontractor's regis-
tered program shall be observed. Every apprenctice must be paid at not
less than the rate specified in the registered program for the apprentice's '
level of progress, expressed as a percentage of the journeymen hourly rate
specified In the applicable wage determination, Apprentices shall be paid
fringe benefits in accordance with the provisions of the apprenticeship
program. If the apprenticeship program does not specify fringe benefits,
apprentices must be paid the full amount of fringe benefits listed on the
wage determination for the applicable classification. If the Administrator
determines that a different practice prevails for the applicable apprentice
classification, fringes shall be paid in accordance with that determination. In
the event the Bureau of Apprenticeship and Training, or a State Appren-
ticeship Agency recognized by the Bureau, withdraws approval of an
apprenticeship program, the contractor will no longer be permitted to utilize
apprentices at less than the applicable predetermined rate for the work
performed until an acceptable program is approved.
(ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be
permitted to work at less tnan the predetermined rate for the work per-
formed unless they are employed pursuant to and individually registered in
a program which has received prior approval, evidenced by formal certifi-
cation by the U.S. Department of Labor, Employment and Training Admini-
stration. The ratio of trainees to journeymen on the job site shall not be
greater than permitted under the plan approved by the Employment and
Training Administration. Every trainee must be paid at not less than the rate
specified in the approved program for the trainee's level of progress,
expressed as a percentage of the journeyman hourly rate specified in the
applicable wage determination. Trainees shall be paid fringe benefits in
accordance with the provisions of the trainee program. if the trainee pro.
gram does not mention fringe benefits, trainees shall be paid the full
amount of fringe benefits listed on the wage determination unless the
Administrator of the Wage and Hour Division determines that there is an
apprenticeship program associated with the corresponding journeyman
wage rate on the wage determination which provides for less than full
fringe benefits for apprentices. Any employee listed on the payroll at a
trainee rate who is not registered and participating in a training plan
approved by the Employment and Training Administration shall be paid not
less than the applicable wage rate on the wage determination for the work
actually performed. In addition, any trainee performing work on the job site
in excess of the ratio permitted under the registered program shall be paid
not less than the applicable wage rate on the wage determination for the
work actually performed. In the event the Employment and Training Admin-
istration withdraws approval of a training program, the contractor will no
longer be permitted to utilize trainees at less than the applicable predeter-
mined rate for the work performed until an acceptable program is
approved.
(ifi) Equal employment opportunity, The utilization of apprentices,
trainees and journeymen under this part shall be in conformity with the
equal employment opportunity requirements of Executive Order 11246, as
amended, and 29 CFR Part 30. •
5. Compliance with Copeland Act requirements, The contractor shall
comply with the requirements of 29 CFR Part 3 which are incorporated by
reference In this contract
6. Subcontracts, The contractor or subcontractor will insert in any sub-
contracts the clauses contained in 29 CFR 5.5(a)(1) through (10) and such
other clauses as HUD or its designee may by appropriate instructions
require, and also a clause requiring the subcontractors to include these
clauses In any lower tier subcontracts. The prime contractor shall be
responsible for the compliance by any subcontractor or lower tier subcon-
tractor with all the contract clauses in 29 CFR Part 5,5.
Htinanln h.ndt
7. Contracte termination; debarment. A breach of the contract clauses in
29 CFR 5.5 may be grounds for termination of the contract, and for debar-
ment as a contractor and a subcontractor as provided in 29 CFR 5,12.
8. Compliance with Davis -Bacon and Related Act Requirements. All rul-
ings and interpretations of the Davis -Bacon and Related Acts contained in
29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this
contract.
9. Disputes concerning labor standards. Disputes arising out of the labor
standards provisions of this contract snail not be subject to the general
sputes clause of this contract Such disputes shall be resolved in accor-
cance with the procedures of the Department of Labor set forth in 29 CFR
arts 5, 6, and 7. Disputes within the meaning of this clause include dis-
Jtes between the contractor (or any of its subcontractors) and HUD or its
designee, the U.S. Department of Labor, or the employees or their
rr:presentatives,
10. (i) Certification of Eligibility. By entering into this contract, the con-
tractor certifies that neither it (nor he or she) nor any person or firm who
has an interest in the contractor's firm is a person or firm ineligible to be
awarded Government contracts by virtue of Section 3(a) of the Davis -
Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or partici-
pate in HUD programs pursuant to 24 CFR Part 24.
(ii) No part of this contract shall be subcontracted to any person or firm
ineligible for award of a Government contract by virtue of Section 3(a) of
tae Davis -Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts
or participate in HUD programs pursuant to 24 CFR Part 24.
(iii) The penalty for making false statements is prescribed in the U.S.
Criminal Code, 18 U.S.C. 1001. Additionally, U.S. Crimnal Code, Section
1010, Title 18 , U.S.C., "Federal Housing Administration transactions", pro-
v'des in part: "Whoever, for the purpose of. ..influencing in any way the
action of such Administration... makes, utters or publishes any statement,
knowing the same to be false. , . shall be fined not more than $5,000 or
imprisoned not more than two years, or both."
11. Complaints, Proceedings, or Testimony by Employees. No laborer or
mechanic to whom the wage, salary, or other labor standards provisions of
this Contract are applicable shall be discharged or in any other manner
discriminated against by the Contractor or any subcontractor because such
employee has tiled any complaint or instituted or caused to be instituted
any proceeding or hastestified or is about to testify in any proceeding
under or relating to the labor standards applicable under this Contract to
his employer,
B Contract Work Hours and Safety Standards Act. As used in this para-
graph, the terms "laborers" and "mechanics" include watchmen and
guards.
(1) Overtime requirements. No contractor or subcontractor contracting
for any part of the contract work which may require or involve the employ-
ment of laborers or mechanics shall require or permit any such laborer or
mechanic in any workweek in which he or she is employed on such work
to work in -excess-of e gMfiovra-in-ery cefcrcte"day-or in excess of forty
hours in such workweek unless such laborer or mechanic receives com-
pensation at a rate not less than one and one-half times the basic rate of
pay for all hours worked ii exrof-eight-hoarser-ern"ee}errder-3ey-er in
excess of forty hours in such workweek,wNe-reveais groatef-
(2) Violation; liability for unpaid wages; liquidated damages. In the
event of any violation of the clause set forth in subparagraph (1) of this
paragraph, the contractor and any subcontractor responsible therefor shall
be liable for the unpaid wages. In addition, such contractor and subcon- .
tractor shall be liable to the United States (in the case of work done under
contract for the District of Columbia or a territory, to such District or to such
territory), for liquidated damages. Such liquidated damages shall be com-
puted with respect to each individual laborer or mechanic, including
watchmen and guards, employed in violation of the clause set forth in sub-
paragraph (1) of this paragraph, in the sum of $10 for each calendar day on
which such individual was required or permitted to work in excca., of-ekalat—
.Maurs-or in excess of the standard workweek of forty hours without pay- .
ment of the overtime wages required by the clause set forth in subpara-
graph (1) of this paragraph.
(3) Withholding for unpaid wages and liquidated damages. HUD or its
designee shall upon its own action or upon written request of an autho-
rized representative of the Department of Labor withhold or cause to be
withheld, from any moneys payable on account of work performed by the
contractor or subcontractor under any such contract or any other Federal
contract with the same prime contract, or any other Federally -assisted con-
tract subject to the Contract Work Hours and Safety Standards Act, which
is held by the same prime contractor such sums as may be determined to
be necessary to satisfy any liabilities of such contractor or subcontractor
for unpaid wages and liquidated damages as provided in the clause set
forth in subparagraph (2) of this paragraph.
(4) Subcontracts. The contractor or subcontractor shall insert In any
subcontracts the clauses set forth in subparagraph (1) through (4) of this
paragraph and also a clause requiring the subcontractors to include these
clauses in any lower tier subcontracts. Tne prime contractor shall be
responsible for compliance by any subcontractor or lower tier subcontrac-
tor with the clauses set forth in subparagraphs (1) through (4) of this
paragraph.
C. Health and Safety
(1) No laborer or mechanic shall be required to work in surroundings
or under working conditions which are unsanitary. hazardous, or danger-
ous to his health and safety as determined under construction safety and
health standards promulgated by the Secretary of Labor by regulation.
(2) The Contractor shall comply with all regulations issued by the
Secretary of Labor pursuant to Title 29 Part 1926 (formerly part 1518) and
failure to comply may result in imposition of sanctions pursuant to the Con-
tract Work Hours and Safety Standards Act (Public Law 91-54, 83 Stat 96).
(3) The Contractor shall include the provisions of this Article in every
subcontract so that such provisions will be binding on each subcontractor.
The Contractor shall take such action with respect to any subcontract as
the Secretary of Housing and Urban Development or the Secretary of Labor
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.
HUD-4010 (2.84)
DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT
CONTRACTOR'S CERTIFICATION
CONCERNING LABOR STANDARDS AND PREVAILING WAGE REQUIREMENTS
CO (Appropriate Recipient)
70
DATE .
PROJECT NUMBER (If any)
PROJECT NAME
The undersigned, having executed a contract with
acknowledges that:
for the construction of the above -identified project,
(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 nor any firm, partnership or association in which he has
substantial interest is designated as an ineligible contractor by the
Comptroller General of the United States pursuant to Section 5.6(b)
of the Regulations of the Secretary of Labor, Part 5 (29 CFR, Part 5)
or pursuant to Section 3(a) of the Davis -Bacon Act, as amended (40 U.S.C.
276a-2 (a)) .
(b) No part of the aforementioned contract has been or will be subcontracted
to any subcontractor if such subcontractor or any firm, corporation,
partnership or association in which such subcontractor has a substantial
interest is designated as an elegible contractor pursuant to any of the
aforementioned regulatory or statutory provisions.
He agrees to obtain and forward to the aforementioned recipient within ten days after
the execution of any subcontract, including those executed by his subcontractors and
any lower tier subcontractors, a Subcontractor's Certification Concerning Labor
Standards and Prevailing Wage Requirements executed by the subcontractors.
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 STATE OF
' (2) A PARTNERSHIP
(4) OTHER ORGANIZATION (Describe)
Page 2 of 2
(c) are;name, title and address of the owner, partners or officers of the undersigned
NAME
TITLE
ADDRESS
(d) The names and addresses of all other persons, both natural and corporate, having
a substantial interest in the undersigned, and the nature of the interest are
(If none, so state) :
NAME
ADDRESS
NATURE OF INTEREST
(e) The names, addresses and trade classifications of all other building construction
contractors in which the undersigned has a substantial interest are (If none, so
state):
NAME
ADDRESS
TRADE CLASSIFICATION
)ATE:
By:
(Con tractor)
WARNING
I.S. Criminal Code, Section 1010, Title 18, U.S.C., provides in part: "Whoeve.r,
lakes(' passes, utters or publishes any statement, knowing the same to be false
;hall be fined not more than $5,000 or imprisoned not more than two years, or both
DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT
SUBCONTRACTOR'S CERTIFICATION
CONCERNING LABOR STANDARDS AND PREVAILING WAGE REQUIREMENTS
TO (Appropriate Recipients):
DATE
PROJECT NUMBER (If any)
PROJECT NAME
L. The undersigned, having executed a contract with
for
(Contractor or Subcontractor)
(Nature of Work)
in the amount of $
w.n the construction of the above -identified project, certifies that:
(a) The Labor Standards Provisions of The Contract For Construction are included in
the aforesaid contract.
(b) Neither he nor any firm, corporation, partnership or association in which he has
a substantial interest is designated as an ineligible contractor by the Comptroller
General of the United States pursuant to Section 5.60(b) of the Regulations of
the Secretary of Laobr, Part 5 (29 CFR, Part 5), or pursuant to Section 3(a) of
the Davis -Bacon Act, as amended (40 U.S.C. 276a--2 (a)) .
(c) No part of the aforementioned contract has been or will be subcontracted to any
subcontractor if such subcontractor or any firm, corporation, partnership or
association in which such subcontractor has a substantial interest in designated
as an ineligible contractor pursuant to the aforesaid regulatory or statutory
provisions.
He agrees to obtain and forward to the contractor, for transmittal to the recipient,
within ten days after the execution of any lower subcontract, a Subcontractor's
Certification Concerning Labor Standards and Prevailing Wage Requirements, executed
by the lower tier subcontractor, in duplicate.
(a) The workmen will report for duty on or about
(Date)
. He certifies that:
(a)• The legal name and the business address of the undersigned are:
(b) The undersigned is:
(1) A SINGLE PROPRIETORSHIP:
(3) A CORPORATION ORGANIZED IN THE STATE OF:
(2) A PARTNESHIP
(4) OTHER ORGANIZATION (Describe)
'Page 2 of 2
(c) The:name, title and address of the owner, partners or officers of the undersigned
NAME
ADDRESS
TITLE
(d) The names and addresses of all other persons, both natural and corporate, having
a substantial interest in the undersigned, and the nature of the interest are
(If none so state):
NAME
ADDRESS
NATURE OF INTEREST
(e) The names, addresses and trade classifications of all other building construction
contractors in which the undersigned has a substantial interest are (If none,.so
NAME TRADE CLASSIFICATION
ADDRESS
(Subcontractor)
3y
(Signature)
(Typed Name and Title)
WARNING
I.S. Criminal Code, Section 1010, Title 18, U.S.C., provides in part: "Whoever,
hakes, passes, utters, or publisehrs any statement, knowing the same to be false
Mall. be fined not more than $5,000 or imprisoned not more than two year, or both."
Current and Applicable
Federal Wage Determination
(To be replaced by the Federal Wage Determination CA-2,
with modifications that have been published not less
than ten (10) days before the opening of bids.)
D-1 Id
CERTIFICATION OF BIDDER REGARDING
EQUAL EMPLOYMENT OPPORTUNITY
INSTRUCTIONS
This certification 1s 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; 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.
CERTIFICATI.ON 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 No Ei (/f answer is yes, identify the most recent contract.)
2. Compliance reports were required to be filed in connection with such contract or subcontract.
Yes No ((f answer is yes, identify the most recent contract.)
3. Bidder has filed all compliance reports due under applicable instructions, including SF-100.
Yes [i No [] None Required
4. If answer to item 3 is "No," please explain in detail on reverse side of this certification.
Certification — The information above is true and complete to the best of my knowledge and belief.
Name and Title of Signer (Please Type)
Signature Date
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; and, if so, whether it has filed all compliance reports due under
applicable instructions.
Where the certification indicates that the subcontractor has not filed a compliance report due under applicable in-
structions, such subcontractor shall be required to submit a compliance report before the owner approves the sub-
contract or permits work to begin under the subcontract.
Subcontractor's Name:
Address:
SUBCONTRACTOR'S CERTIFICATION
1. Bidder has participated in a previous contract or subcontract subject to the Equal Opportunity Clause.
Yes j J No
II
2. Compliance reports were required to be filed in connection with such contract or subcontract.
Yes f--I No n
3. Bidder has filed all compliance reports due under applicable instructions, including SF-100.
Yes [ j No ri None Required
4. If answer to item 3 is "No," please explain in detail on reverse side of this certification.
Certification — The information above is true and complete to the best.of my knowledge and belief.
NAME AND TITLE OF SIGNER (Please Type)
SIGNATURE DATE
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; and, if so, whether it has filed all compliance reports due under
applicable instructions.
Where the certification indicates that the subcontractor has not filed a compliance report due under applicable in-
structions, such subcontractor shall be required to submit a compliance report before the owner approves the sub-
contract or permits work to begin under the subcontract.
Subcontractor's Name:
Address:
SUBCONTRACTOR'S CERTIFICATION
1. Bidder has participated in a previous contract or subcontract subject to the Equal Opportunity Clause.
Yes fl No
1
2. Compliance reports were required to be filed in connection with such contract or subcontract.
Yes j Note
3. Bidder has filed all compliance reports due under applicable instructions, including SF-100.
Yes 1-1 No ( 1 None Required
11
4. If answer to item 3 is "No," please explain in detail on reverse side of this certification.
Certification — The information above is true and complete to the best.of my knowledge and belief.
NAME AND TITLE OF SIGNER (Please Type)
SIGNATURE DATE
AFFIRMATIVE ACTION COMPLIANCE
GUIDELINES FOR CONSTRUCTION AND
NON -CONSTRUCTION CONTRACTORS
(OCD 11/84)
IMPLEMENTING ENTITIES
AFFIRMATIVE ACTION COMPLIANCE GUIDELINES FOR
CONSTRUCTION AND NON -CONSTRUCTION CONTRACTORS
These Affirmative Action Compliance Guidelines have
been designed to provide the Implementing Entity with
information pertaining to the contractor's work force.
It is the intent of these guidelinesto insure that
equal opportunity for employment is practiced by the
contractor without regard to race, age, color, sex,
religion, ancestry, national origin, marital status,
or handicap. These guidelines provide the minimum
information necessary to prepare an Affirmative Action
Plan thatwill comply with Federal regulations
regarding Affirmative Action for federally assisted
projects. In the event that the Affirmative Action
Compliance Program of the implementing entity address
these minimum guidelines, that program may be
utilized. Contractors are urged to contact the
Affirmative Action Officer of the implementing entity
for any necessary technical assistance in preparing
their Affirmative Action Plan if they are considering
bidding under this contract.
1.
AFFIRMATIVE ACTION COMPLIANCE PROGRAM
A. The Affirmative Action program embodies the
following principals:
1. Discrimination because of race, color,
age, sex, religion, ancestry, national
origin, marital status, or handicapped
status is inconsistent with the
constitution, laws, and policies of the
United States, State of California and
County of San Bernardino.
2. In accordance with Executive Order
11246, the implementing entity is
committed to insuring that there be no
discrimination by vendors, contractors
(including professional services and
consultants), lessors, or lessees doing
business with the implementing entity.
B. Contractors required to file an Affirmative
Action Plan.
1. All contractors who are submitting to
the implementing entity a bid or offer
on a CONSTRUCTION CONTRACT and who are
doing business in the amount of $10,000
or more with the implementing entity in
any one fiscal year or employ ten (10)
or more employees, must have an
approved Affirmative Action Plan unless
exempt, prior to the award of such
contract.
2. All contractors and vendors who are
submitting to the implementing entity a
bid or offer on a NONCONSTRUCTION
CONTRACT in the amount of $10,000.00 or
more, must have an approved Affirmative
Action Plan unless exempt, prior to the
award of such contract or business.
3. All subcontractors rendering services
or supplies to the contractor in the
amount of $10,000 or more, must have an
approved Affirmative Action Plan unless
exempt, before the subcontractor
commences work.
C. Exemptions:
The following persons / contracts (as
defined by the implementing entity's
(Contract Compliance Officer) shall be
exempt from this program:
1. , Sole Source
2. Emergency Requisitions
3. Contracts which have been executed
by the contractor prior to October
1, 1978.
4. Churches
Any contractor who feels qualified for
an exemption should contact the Contract
Compliance Officer for verification.
II. METHOD FOR SATISFYING AFFIRMATIVE ACTION PLAN
A. Affirmative Action Plan for CONSTRUCTION
contractors can be met by one of the
following methods:
1. Prior to being awarded the
contract, the contractor must have
both of the following documents
approved by the implementing entity
Contract Compliance Officer.
a. A statement of the contractor's
Affirmative Action Policy
including methods of recruiting
minorities and women. If the
contractor does not have an
Affirmative Action Policy, the
attached model policy may be
adopted by the contractor.
b. The "Contract Compliance Quali-
fying Report for Construction
Contractor" (attached).
2. Evidence of a currently approved
Federal or State of California
Affirmative Action Plan.
3. Certificate of Annual prequali-
fication issued by the implementing
entity Contract Compliance Officer.
a. To receive "Annual Prequali-
fication" a contractor must:
Complete the implementing entity
Affirmative Action "Contract
Compliance Qualifying Report"
with employment goals for the
next three years; and submit to
the Contract Compliance Officer
for approval an Affirmative
Action Policy including methods of
recruiting minorities and women. The
contractor is required to submit an
Affirmative Action Compliance Plan
annually for subsequent prequali-
fication.
Contractors • desiring to act as
subcontractors may receive annual
prequalification and be placed upon a
list of annually prequalified sub-
contractors which will be made avail-
able by the Contract Compliance Officer
to prime contractors to facilitate
their choice of subcontractors.
B. Affirmative Action Plan For Non -Construction
Contractors can be met as follows:
1. Prior to being awarded the contract,
the contractor must have the "Contract
Compliance Qualifying Report for
Non -Construction Contractors and
Vendors" (attached), approved by the
implementing entity contract compliance
officer. In addition, the contractor
or vendor may be requested to submit to
the Contract Compliance Officer
additional information concerning the
contractor's Affirmative Action
policies.
C. Affirmative Action Plan for Subcontractors
can be met as follows:
1. Prior to a subcontractor starting work
for a contractor, the subcontractor
must comply with Part II, Section A
above for construction subcontracts and
Part II, Section B above for
non -construction subcontracts. The
contractor is responsible to ensure
that all of his subcontractors are in
compliance.
2. Contractors are encouraged to use
subcontractors who have been approved
for annual prequalification (if
available).
III. INTERACTION WITH THE CONTRACT COMPLIANCE
OFFICE
A. The Contract Compliance Officer will
review each Affirmative Action Program
as submitted.
If the contractor's Affirmative Action
Plan is not approved by the Contract
Compliance Officer, the Contract
Compliance Officer shall notify the
contractor of the reasons for
disapproval of the plan, and of the
implementing entity's requirements for an
acceptable plan. The contractor shall be
allowed ten (10) working days in which to
develop and submit a revised Affirmative
Action Plan for review and approval by the
Contract Compliance Officer.
B. Appeal Procedure.
1. A contractor who has submitted a
program which is not approved by
the Contract Compliance Officer may
appeal that determination to the
implementing entity's legislative
body through their Administrative
Officer. All appeals shall be in
writing, signed by ., the person
appealing or that person's
authorized representative and shall
be filed with the Contract
Compliance Officer within ten (10)
working days after receiving notice
of disapproval.
2. The appeal should explain the
reason why the action of the
Contract Compliance Officer should
not have been taken. Failure of
the contractor to appeal within ten
(10) working days of notice of
disapproval shall make the action
taken by the Contract Compliance
Officer final.
C. On -site visits may be conducted to
verify the accuracy of the contractor's
Affirmative Action statistical data. In
addition, contractors will be required
to annotate entries on their payroll
reports with the following codes:
A = White (not of Hispanic origin): All
persons having origins in any of
the original peoples of Europe,
North Africa, the Middle East, or
the Indian subcontinent.
B = Black (not of Hispanic origin): All
persons having origins in any of
the black racial groups.
C = Hispanic: All persons of Mexico,
Puerto Rican, Cuban, Central or
South American, or other Spanish
culture or origin, regardless of
race.
D = Asian or Pacific Islanders: All
persons having origins in any of
the Far East, Southwest Asia or the
Pacific Islands. This area
includes, for example, China,
Japan, Korea, the Philippine
Islands and Samoa.
E = American Indian or Alaskan Native:
All persons having origins in any
of the original peoples of North
America.
M = MALE EMPLOYEE
F = FEMALE EMPLOYEE
H = HANDICAPPED EMPLOYEE
V = VIETNAM-ERA VETERAN
IV. DEFINITIONS
Unless a provision of a contract otherwise
requires, certain works and phrases shall be
defined as follows:
A. "Affirmative Action" is a commitment to
increase the number of members of protected
classes in the work force by .setting
employment goals and timetables, including
action programs to achieve objectives
through reform of the system. Affirmative
Action seeks to ensure that discrimination
is eliminated in all dealings with employees
or applicants for employment whether the
discrimination is intentional or
unintentional. In addition, Affirmative
Action seeks to improve job standards and
productivity through the removal of
artificial and unnecessary barriers to
employment and promotion and ensure that all
job actions are related to job performance
measures.
B. "Approved Programs" are those which the
Contract Compliance Office of the
implementing entity have deemed in
compliance with this program.
C. "Construction Contract" means a contract
which calls for the construction,
rehabilitation, alteration, conversion,
extension, demolition or repair of
buildings, highways or other changes .or
improvements providing utility services.
D. "Contract" means a purchase order, offer and
acceptance, lease, agreement or other
arrangement,creating an obligation to which
the implementing entity is a party, which
would make one of the parties within the
definition a contractor.
E. "Contractor" means all persons (including
general contractors and prime contractors)
who provide, or offer to provide to the
implementing entity, labor or services of
any kind or type pursuant to a construction
contract with the County.
F. "Implementing Entity" means public
jurisdiction who is administering the
contract.
G. "Employee" means one who performs work
for compensation, or a person who is
permanently or regularly employed by the
contractor or subcontractor.
H. "Handicapped Status" means any person
who:
1. Has a physical or mental impairment
which substantially limits one or
more of such person's major life
activities.
2. Has a record of such impairment or,
3. Is generally regarded as having
such an impairment.
>LN1T/ACTION COMP
'_0/16/84/bjj
I. "Local Labor Market" means the entire
San Bernardino, Riverside, Ontario labor
market. (Standard Metropolitan
Statistical Area).
J. "Minorities" means members of the
following racial or ethnic groups: Black
(not of Hispanic origin); Hispanic;
Asian or Pacific Islander; American
Indian or Alaskan native.
K. "Nonconstruction Contract" means any
contract which does not fall within the.
definition of "Construction Contract".
L. "Officer" means the Contract Compliance
Officer of the implementing entity.
M. "Persons" means any individual, firm,
co -partnership, public service, joint
venture, association, social club,
fraternal organization, corporation,
estate, trust receiver, syndicate city,
county, municipal corporation, district
or other political subdivision, or any
other group or combination acting as a
unit.
N. "Protected Class" means those groups of
individuals covered or protected against
discrimination by the various Federal
and State civil rights laws as now in
existence or as as hereafter amended by
Federal or State law.
0. "Sole Source" means a contract in which
the non -implementing entity party is in
a unique position to fulfill the
implementing entitie's needs, as
determined by the Contract Compliance
Officer, after consideration of
practical alternative,
P. "Subcontractor" means any person who
agrees with any contractor who has a
contract with the implementing entity to
furnish supplies, goods, or services to
such contractor.
Q.
"L'nderutilization" means having fewer
minorities or women in a particular job
classification than would reasonably be
expected by their availability.
R. Vietnam -Era Veteran" means a person who:
1. Served on actual duty for a period
of more than 180 days, any part of
which occurred between August 5,
1964, and May 7, 1975, and was
discharged or released therefrom
with other than a dishonorable
discharge; or
2. Was discharged or released from
active duty for a service -connected
disability if any part of such
active duty was performed between
August 5, 1964, and May 7, 1975.
S. "Women" means female members of racial
and ethnic minority and nonminority
groups.
INSTRUCTIONS FOR COMPLETING CONTRACT COMPLIANCE
QUALIFYING REPORT
JOB CATEGORY
Data is to be completed for all listed job categories of employees.
Definitions:
Administrators: Occupations which require that employees set
broad policies, exercise overall responsibility for execution of these
policies, direct individual departments or a special phase of the
contractor's operations, or provide specialized consultation on a
regional, district or area basis.
Includes: directors, deputy directors, department heads,
controllers, foremen, supervisors, inspectors, and kindred workers.
Professional: Occupations which require specialized and
theoretical knowledge which is usually acquired through nollege
training or through work experience and other training which
provides comparable knowledge.
Includes: personnel and labor relations workers, social workers,
doctors, psychologists, registered nurses, economists, dieticians,
lawyers, system analysts, accountants, engineers, employment and
vocational rehabilitation counselors, teachers or instructors, and
kindred workers.
Technical: Occupations which require a combination of basic
scientific or technical knowledge and manual skill which can be
obtained through specialized post•secondary school education or
through equivalent on•the•job training,
Includes: computer programmers and operators, draftsmen,
surveyors, licensed practical nurses, photographers, radio operators,
technical illustrators, highway technicians, technicians (medical,
dental, electronic, physical sciences), assessors, inspectors, and
kindred workers.
Sales: Occupations in which the act of selling takes place;
exchange of property of any kind, or of services for an agreed sum
of money or other valuable consideration. One employed as a
traveling agent or representative to sell goods or services.
Office and Clerical: Occupations in which workers are
responsible for internal and external communication, recording and
retrieval of data and/or information and other paperwork required
in an office.
Includes: bookkeepers, secretaries, office machine operators,
clerk typists, stenographers, statistical clerks, dispatchers, payroll
clerks, messengers, and kindred workers,
Skilled: Occupations in which workers perform jobs which
require special manual skill, a thorough and comprehensive
knowledge of the processes involved in the work which is acquired
through on•the•job training, experience, through apprenticeship or
other formal training programs.
Includes: mechanics and repairmen, electricians, heavy
equipment operators, stationary engineers, skilled machinist
occupations, carpenters, and compositors and typesetters, and
kindred workers.
Operative (Semiskilled): Occupations in which workers are
partly skilled, or doing manual work that requires only limited
training, experience or knowledge.
Laborers (Unskilled): Occupations in which a worker performs
a variety of manual work in the maintenance, repair and
construction of highways, buildings, and other facilities; an
unskilled worker who brings materials to, and does preparatory
work for, skilled workers in a trade,
Service Workers: Occupations in which workers perform duties
which result in or contribute to the comfort, convenience, upkeep
and care of buildings, facilities or grounds of public property.
Workers in this group may operate machinery.
Includes: chauffeurs, laundry and dry cleaning operatives,
truck drivers, bus drivers, garage laborers, custodial personnel,
gardeners and groundkeepers, refuse collectors, construction
laborers.
II, CURRENT WORK FORCE
This category is to establish the contractor's current employment
status.
A. Total number of employees: The contractor is to bll out the
total number of persons currently employed in each job category,
B. Black: The contractor is to place the current number of Black
employees in each box in this column for each job category.
C. Hispanic: The contractor is to place the current number of
employees of Hispanic origin in each box in this column for each
job category.
D. Asian or Pacific Islanders: The contractor is to place the
current number of employees of Asian or Pacific Island origin in
each box in this column for each job category.
E. American Indian or Alaskan Native: The contractor is to place
the current number of American Indian or Alaskan Native
employees in each box in this column for each job category,
F. Total Minority: The number to be placed in each box in this
column can be reached by adding the current numbers of Black,
Hispanic, Asian, Pacific Islander, American Indian, and Alaskan
Native employees written in the four previous columns.
G. Total females: In each box in this column the contractor is to
place the total number of white and minority females employed in
each job category.
III. UNDERUTILIZATION
To establish whether underutilization exists, a contractor should
determine whether the "total minority" percentages and "total female
percentages" in each job classification are lower than would reasonably
be expected by their availability.
After making this comparison, the contractor should place a check
( ✓) in the box that applies ("yes" or "no") for each category.
IV. ANTICIPATED HIRING
The contractor should state the number of employees the
contractor plans to hire both as additional employees and replacements
for each job category.
A. CONTRACT COMPLIANCE QUALIFYING REPORT
FOR NONCONSTRUCT1ON CONTRACTORS AND VENDORS
Contractor/Vendor agrees to comply with the provisions of the
Affirmative Action Compliance Program of the implementing entity and
rules and regulations adopted pursuant thereto, Executive Order
11246 and 11375, Title VII of the Civil Rights Act of 1964, the
California Fair Employment Practice Act, and other applicable
Federal and State laws and regulations relating to equal employment
opportunity, including laws and regulations hereafter enacted.
Contractor/Vendor also hereby agrees to furnish to implementing,
entity's Contract Compliance Office any access and information that
they may request to assist in determining compliance with the
Program.
I declare under penalty of perjury that the statistical
information submitted herein is true and correct.
Date Name (Please Print)
Signature . Title
Name of Contractor/Vendor
Address
(Area Code) Phone Number
Type of Business
JOB CATEGORY
Administrators: Occupations which require that employees
set broad policies, exercise overall responsibility for execution of
these policies, direct individual departments or a special phase of
the contractor's operations, or provide specialized consultation
on a regional, district or area basis.
Includes: Directors, deputy directors, department heads,
controllers, foremen, supervisors, inspectors, and kindred
workers.
Professional: Occupations which require specialized and
theoretical knowledge which is usually acquired through college
training or through v'lork experience and other training which
provides comparable knowledge.
Includes: Personnel and labor relations workers, social
workers, doctors, psychologists, registered nurses, economists,
dieticians, lawyers. system analysts, accountants, engineers,
employment and vocational rehabilitation counselors, teachers
or instructors, and kindred workers.
Technical: Occupations which require a combination of
basic scientific or technical knowledge and manual skill which
can be obtained through specialized post -secondary school
education or through equivalent on-the-job training.
Includes: Computer programmers and operators. draftsmen,
surveyors, licensed practical nurses. photographers, radio
operators, technical illustrators, highway technicians, technicians
(medical. dental, electronic. physical sciences). assessors,
zn.t : irtrlrrrf v�nrL.n. .
B. i.vnnuNI
. ........ • .....,_
OCCUPATIONAL
CATEGORY
ALL EMPLOYEES
MINORITY EMPLOYEES
TOTAL'
MINORITIES
TOTAL
MALE
FEMALE
MALE
FEMALE
Black
Hispanic
Allan Or 'Anen
Paul'c
Islander
.Ga.1
Indian or
Alaskan
Native
BLick
His aniC
p
A%fJn Or
PaCd,C
WarderAlaskan
An...,,...11
Indian ."
Native
Administrators
Professional
Technical
Sales
Clerical
Skilled
Operatives
(Semiskilled)
Laborer
(Unskilled)
Service Workers
TOTAL
DEFINITIONS
Sales: Occupations in which the act of selling takes place:
exchange of property of any kind, or of services, for an agreed
sum of money or other valuable consideration. One employed as
a traveling agent or representative to sell goods or services.
Office and Clerical: Occupations in which workers are
responsible for internal and external communication, recording
and retrieval of data and/or inforrnation and other paperwork
required in an office.
Includes: Bookkeepers, secretaries. office machine oper-
ators, clerk typists, stenographers, statistical clerks, dispatchers,
payroll clerks, messengers, and kindred workers.
Skilled: Occupations in which workers perform jobs which
require special manual skill. a thorough and comprehensive
knowledge of the processes involved in the work which is
acquired through on-the-job training, experience, through
apprenticeship or other formal training programs.
Includes: Mechanics and repairmen, el ectricians, heavy
equipment operators, stationary engineers, skilled machinist
occupations, carpenters. and compositors and typesetters, and
kindred workers.
Operative (Semiskilled): Occupations in which workers are
partly skilled, or doing manual work that requires only limited
training, experience or knowledge.
Laborers (Unskilled): Occupations in which a worker
performs a variety of manual work in the maintenance. repair
and construction of highways, huildings, and other facilities: an
unskilled worker who brings materials to, and does preparatory
work for, skilled workers in a trade.
Service Workers: Occupations in which workers perform
duties which result in or contribute to the comfort, convenience,
upkeep and care of buildings, facilities or grounds of public
property. Workers in this group may operate machinery.
Includes: Chauffeurs, laundry and dry cleaning operatives,
truck drivers, bus drivers. garage laborers. custodial personnel,
gardeners and groundkeepers, refuse collectors, construction
laborers.
ETHNIC CATEGORY
White (not of Hispanic origin): All persons having origins in
any of the original peoples of Europe. North Africa, the Middle
East, or the Indian subcontinent.
Black (not of Hispanic origin): All persons having origins in
any of the black racial groups.
Hispanic: All persons of Mexican. Puerto Rican, Cuban,
Central or South American, or other Spanish culture or origin,
regardless of race.
Asian or Pacific Islanders: All persons having origins in any
of the original peoples of the Far East, Southeast Asia. or thr.
Pacific islands. This arca includes. for example. China. Japan
Korea, the Philippine Islands. and Samoa.
American Indian or Alaskan Native: All persons havin!
origins in any of the original peoples of North America.
A. 1. Name of Contractor's Business
2. Address
3. City State Zip Code
4. Telephone Number
!Arta Code)
5. Type of Business
6. The contractor has appointed
as its Equal Employment Opportunity Officer. This person has been given the authority to
establish, disseminate and enforce the Equal Employment and Affirmative Action policies of
this contractor, and may be contacted at (Address)
(Telephone Number) concerning matters relating to
!Area Code/
any Affirmative Actions taken by this contractor.
7. Do -you presently employ any Vietnam -era veterans? ❑ Yes ❑ No How Many? _
8. Do you presently employ any handicapped persons? ❑ Yes ❑ No How Many?
CONTRACT COMPLIANCE QUALIFYING REPORT FOR CONSTRUCTION CONTRACTORS AND VENDORS
B. Contractor agrees to comply with the provisions of the Affirmative Action Compliance Program of
the implementing entity and rules and regulations adopted pursuant thereto, Executive Order
11246 and 11375, Title VII of the Civil Rights Act of 1964, the California Fair Employment
Practice Act, and other applicable Federal and State laws and regulations relating to equal
employment opportunity, including laws and regulations hereafter enacted.
Attached is the statement of contractor's Affirmative Action Policy. The contractor agrees to make
a good faith effort to meet the goals of the plan as part of these contract obligations.
Contractor understands that this plan will become a part of contractor's comprehensive
management policy.
Contractor agrees to insert in all subcontracts on the project bid herewith a provision that said
subcontractors will comply with the provisions of the implementing entity Affirmative Action
Compliance Program and rules and regulations adopted pursuant thereto, Executive Order 11246
and 11375, Title VII of the Civil Rights Act of 1964, the California Fair Employment Practice Act,
and other applicable Federal and State laws and regulations relating to equal employment
opportunity, including laws and regulations hereafter enacted.
Contractor agrees to furnish to the Contract Compliance Office, the name of each subcontractor
who furnished supplies, goods or services in excess of $10,000 on the project bid herewith. Said
names shall be furnished prior to the time the subcontractor commences work.
Contractor also hereby agrees to provide the implementing entity Contract Compliance Office any
access and information that they may request to assist in determining compliance with the
Program.
1 declare under penalty of perjury that the following is true and correct.
CURRENT WORK FORCE
Date
Signature
Title
OCCUPATIONAL
CATEGORY
ALL EMPLOYEES
MINORITY EMPLOYEES
TOTAL
MINORITIES
UNDERUTILIZATION
ANTICIPATED
HIRING GOALS
FOR TERM OF PROJECT
TOTAL
MALE
FEMALE
MALE
FEMALE
MINORITY
FEMALE
Black
Hispanic
Asian or
Pacific
Islander
American
Indian or
Alaskan
Native
Black
Hispanic
Asian or
Pacific
Islander
American
inor
Alaskan
Native
YES
NO
YES
NO
Minority
Total New Hires
M
F
M
F
Administrators
Professional
Technical
.
Sales
Clerical
Skilled
Operatives
(Semiskilled)
Laborer
(Unskilled)
- Service Workers
Category
APPENDIX I
Principal Business Location
Goal = Parity With
Contractors except
construction
Contractors except
construction
Contractors except
construction
Contractors except
construction
Contractors except
construction
Construction
Contractors
San Bernardino County
Within Los Angeles, Long
Beach, Orange and San Diego
S. M. S. A.
Within California, but not
San Bernardino, Orange, Los
Angeles, San Diego S. M. S. A.
Outside California
N/A
N/A
GOALS FOR WOMEN IN CONSTRUCTION
Riverside - San Bernardino - Ontario .
S. M. S. A.
Local S. M. S. A.
Area business located, unless
have offices in Riverside - San
Bernardino - Ontario S. M. S. A. —
then parity same as Number 2 above.
Principal place of business
Local staff parity with Riverside -
San Bernardino - Ontario S. M. S. A.
Riverside - San Bernardino - Ontario
S. M. S. A.
On April 17, 1978, the Department of Labor, Office of Federal Contract Compliance Programs established
goals for the participation of women in the construction industry. These goals, which shall apply to all
work force levels, categories, crafts, skills, and apprenticeships, are the following:
Time Frame
April 1, 1978 — March 31, 1979
April 1, 1979 — March 31, 1980
April 1, 1980 — March 31, 1981
Goals (in Percent)
3.1
5.0
6.9
ATTACHMENT 1
Contractor agrees to fully comply with the
laws and programs (including regulations issued
pursuant thereto) which are listed following this•
paragraph. Such compliance is required to the
extent such laws, programs and their regulations
are, by their own terms, applicable to this
contract. Contractor warrants that he will make
himself thoroughly familiar with the applicable
provisions of said laws, programs, and regulations
prior to commencing performance of the contract.
Copies of said laws, programs, and regulations are
available upon request from the implementing
entity's Contract Compliance Officer. To the
extent applicable, the provisions of said laws,
programs and regulations are deemed to be a part
of this contract as if fully set forth herein.
2. Vietnam Era Veterans' Readjustment Assistance
Acts of 1972 and 1974, as amended. Pub. L.
92-540, Title V, Sec. 503(a), Pub. L. 93-508,
Title IV, Sec. 402. [38 USCA 2011-2013].
3. Rehabilitation Act of 1973, as amended
(Handicapped) Pub. L. 93-112 as amended. [29
USCA 701-794] .
4. California Fair Employment Practice Act. Labor
Code Secs. 1410 et seq.
5. Civil Rights Act of 1964, as amended (42 USCA
2000a to 2000H-6) and Executive Order
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
11246 of September 24, 1965, as amended, and Title VII of
the Civil Rights Act of 1964, and is applicable pursuant to 41
C.F.R. Sec. 60-1.4.
(1) The Contractor will not discriminate against any
employee or applicant for employment because of
race, color, religion, sex, or national origin. The
Contractor will take affirmative action to ensure
that applicants are employed, and that employees
are treated during employment without regard to
their race, color, religion, sex, national origin.
Such action shall include, but not be limited to the
following: Employment, upgrading, demotion, or
transfer; recruitment or recruitment advertising;
layoff or termination; rates of pay or other forms
of compensation; and selection for training,
including apprenticeship. The Contractor agrees to
post in conspicuous places, available to employees
and applicants for employment, notices to be
provided by the contracting officer setting forth
the provisions of this nondiscrimination clause.
(2) The Contractor will, in all solicitations or
advertisements for employees placed by or on
behalf of the Contractor, state that all qualified
applicants will receive consideration for
employment without regard to race, color,
religion, sex, or national origin.
(3) The Contractor will send to each labor union or
representative of workers with which he has a
collective bargaining agreement or other contract
or understanding, a notice to be provided by the
agency contracting officer, advising the labor
union or workers' representative of the
Contractor's commitments under Section 202 of
Executive Order 11246 of September 24, 1965,
and shall post copies of the notice in conspicuous
places available to employees and applicants for
employment.
(4) The Contractor will comply with all provisions of
Executive Order 11246 of September 24, 1965,
and of the rules, regulations, and relevant orders of
the Secretary of Labor.
(5) The Contractor will furnish all information and
reports required by Executive Order 11246 of
September 24, 1965, and of the rules, regulations
and relevant orders of the Secretary of Labor, or
pursuant thereto, and will permit access to his
books, records and accounts by the contracting
agency and the Secretary of Labor for purposes of
investigation to ascertain compliance with such
rules, regulations and orders.
(6) In the event of the Contractor's noncompliance
with the nondiscrimination clauses of this contract
or with any of such rules, regulations or orders,
this contract may be canceled, terminated or
suspended in whole or in part, and the Contractor
may be declared ineligible for further Government
contracts in accordance with procedures
authorized in Executive Order 11246 of
September 24, 1965, and such other sanctions
may be imposed and remedies invoked as provided
in Executive Order 11246 of September 24, 1965,
or by rule, regulation or order of the Secretary of
Labor, or as otherwise provided by law.
(7) The Contractor will include the provisions
of paragraphs (1) through (7) in every
subcontract or purchase order unless
exempted by rules, regulations or orders of
the Secretary of Labor issued pursuant to
Section 204 of Executive Order 11246 of
September 24, .1985, so that such provisions
will be binding upon each subcontractor or
vendor. The Contractor will take such
action with respect to any subcontract or
purchase order as the contracting agency may
direct as a means of enforcing such
provisions, including sanctions for
noncompliance: Provided, however, that in
the event the Contractor becomes involved
in, or is threatened with, litigation with a
subcontractor or vendor as a result of such
direction by the contracting agency, the
Contractor may request the United States to
enter into such litigation to protect the
interests of the United States.
The applicant further agrees that it will be
bound by the above equal opportunity clause
with respect to its own employment practices
when it participates in federally assisted
construction work: Provided, that if the
applicant so participating is a State or
local government, the above equal
opportunity clause is not applicable to any
agency, instrumentality or subdivision of
such government which does not particpate in
work on or under the contract.
The applicant agrees that it will assist and
cooperate actively with the administering
agency and the Secretary of Labor in
obtaining the compliance of contractors and
subcontractors with the equal opportunity
clause and the rules, regulations, and
relevant orders of the Secretary of Labor,
that it will furnish the administering
agency and the Secretary of Labor in
obtaining the compliance of contractors and
subcontractors with the equal opportunity
clause and the rules, regulations, and
relevant orders of the Secretary of Labor,
that it will furnish the administering
agency and the Secretary of Labor such
information as they may require for the
supervision of such compliance, and that
it will otherwise assist the
administering agency in the discharge of
the agency's primary responsibility for
•securing compliance.
The applicant further agrees .that 'it
will refrain from entering into any
contract or contract modification
subject to Executive Order 11246 of
September 24, 1965, with a contractor'
debarred from, orwho has not
demonstrated eligibility for Government
contracts and federally assisted
construction contracts pursuant to the
Executive Order and will carry out such
• sanctions and penalties for violation of
the equal opportunity clause as may be
imposed upon contractors and
subcontractors by the administering
agency or the Secretary of Labor
pursuant to Part II, Subpart D of the
Executive Order. In addition, the
applicant agrees that if it fails or
refuses to comply with these
undertakings, the administering agency
may take any or all of the following
actions: Cancel, terminate, or suspend
in whole or in part this grant
(contract, loan, insurance, guarantee),
refrain from extending any further
assistance' to the applicant under the
program with respect to which the
failure or refund occurred until
satisfactory assurances of future
compliance ahs been received from such
applicant, and refer the case to the
Department of Justice for appropriate
legal proceedings.
In addition to the above, Contractor
will furnish all information and reports
required by Executive Order No. 11246 of
September 24, 1965 to the implementing
entity's Contract Compliance Office.
Affirmative Action for Disabled Veterans
and Veterans of the Vietnam Era
This clause is inserted pursuant to Executive Order
11701 of January 24, 1973 and the Vietnam Era Veterans
Readjustment Assistance Acts of 1972 and 1974 (P.L. 92.540,
93-508), and is applicable pursuant to 41 CFR Sec. 60-250.
(1) The Contractor will not discriminate against any
employee or applicant for employment because he
or she is a disabled veteran or veteran of the
Vietnam Era in regard to any position for which
the employee or applicant for employment is
qualified. The Contractor agrees to take
affirmative action to employ, advance in
employment and otherwise treat qualified disabled
veterans and veterans of the Vietnam Era without
discrimination based upon their disability or
veterans status in all employment practices such as
the following: employment, upgrading, demotion
or transfer, recruitment, advertising, layoff or
termination, rates of pay or other forms of
compensation, and selection for training, including
apprenticeship.
(2) The Contractor agrees that all suitable
employment openings of the Contractor which
exist at the time of the execution of this contract
and those which occur during the performance of
this contract, including those not generated by this
contract and including those occurring at an
establishment of the Contractor other than the
one wherein the contract is being performed but
excluding those of independently operated
corporate affiliates, shall be listed at an
appropriate local office of the State employment
service system wherein the opening occurs. The
Contractor further agrees to provide such reports
to such local office regarding employment
openings and hires as may be required.
(3) Listing of employment openings with the
employment service system pursuant to this clause
shall be made at least concurrently with the use of
any other recruitment source or effort and shall
involve the normal obligations which attach to the
placing of a bona fide job order, including the
acceptance of referrals of veterans and
nonveterans. The listing of employment openings
does not require the hiring of any particular job
applicant or from any particular group of job
applicants, and nothing herein is intended to
relieve the Contractor from any requirements in
Executive Orders or regulations regarding
nondiscrimination in employment.
(4) The reports required by paragraph (2) of this
clause shall include, but not be limited to, periodic
reports which shall be filed at least quarterly with
the appropriate local office or, where the
Contractor has more than one hiring location in a
State, with the central office of that State
employment service. Such reports shall indicate
for each hiring location, (a) the number of
individuals hired during the reporting period,
(b) the number of nondisabled veterans of the
Vietnam Era hired, (c) the number of cisablec
veterans of the Vietnam Era hired, and (d) the
total number of disabled veterans hired. The
reports shah include covered veterans hired for
on•the•job training under 38 USC Sec. 1787. The
Contractor shall submit a report within thirty (30)
days after the end of each reporting period
wherein any performance is made on this contract
identifying data for each hiring location. The
Contractor shall maintain at each hiring location,
copies of the reports submitted until the
expiration of one year after final payment under
the contract, during which time these reports and
related documentation shall be made available,
upon request, for examination by any authorized
representatives of the contracting officer or of the
Secretary of Labor. Documentation would include
personnel records respecting job openings,
recruitment and placement
(5) Whenever the Contractor becomes contractually
bound to the listing provisions of this clause, it
shall advise the employment service system in each
State where it has establishments of the name and
location of each hiring location in the State. As
long as the Contractor is contractually bound to
these provisions and has so advised the State
system, there is no need to advise the State system
of subsequent contracts. The Contractor may
advise the State system when it is no longer bound
by this contract clause.
(6) This clause does not apply to the listing of
employment openings which occur and are filled
outside of the 50 States, the District of Columbia,
Puerto Rico, Guam and the Virgin Islands.
(7) The provisions of paragraphs (2), (3), (4) and (5)
of this clause do not apply to openings which the
Contractor proposes to fill from within his own
organization or to fill pursuant to a customary and
traditional employer • union hiring arrangement.
This exclusion does not apply to a particular
opening once an employer decides to consider
applicants outside of his own organization or
employer - union arrangement for that opening.
(8) As used in this clause:
(a) "All suitable employment openings"
includes, but is not limited to, openings which
occur in the following job categories: production
and nonproduction; plant and office; laborers and
mechanics; supervisory and nonsupervisory;
technical; and executive, administrative and
professional openings as are compensated on a
salary basis of less ythan S25,000 per year. This
term includes full-time employment, temporary
employment of more than three (3) days duration,
and part -tine employment. It does not include
openings which the Contractor proposes to fill
from within his own organization or to fill
pursuant to a customary . and traditional
employer - union hiring arrangement nor openings
in an educational institution which are restricted
to students of that institution, Under the most
compelling circumstances an employment opening
may not be suitable for listing, including such
situations where the needs of the Government
cannot reasonably be other.vise supplied, where
listing would be contrary to national security, or
where the requirement of listing would other.vise
not be for the best interest of the Government.
(b) "Appropriate office of the State
employment service system" means the local
office of the Federal • State national system of
public employment offices with assigned
responsibility for serving the area where the
employment opening is to be filled, including the
District of Columbia, Guam, Puerto Rico and the
Virgin Islands.
(c) "Openings which the Contractor proposes to
fill from within his own organization" means
employment openings for which no consideration
will be given to persons outside the Contractor's
organization (including any affiliates, subsidiaries
and the parent companies) and includes any
openings which the Contractor proposes to fill
from regularly established "recall" lists.
(d) "Openings which the Contractor proposes to
fill pursuant to a customary and traditional
employer - union hiring arrangement" means
employment openings which the Contractor
proposes to fill from union halls, which is part of
the customary and traditional hiring relationship
which exists between the Contractor and
representatives of his employees.
(9) The Contractor agrees to comply with the rules,
regulations and relevant orders of the Secretary of
Labor issued pursuant to the Act.
(10) In the event of the Contractor's noncompliance
with the requirements of this clause, actions for
noncompliance may be taken in accordance with
the rules, regulations and relevant orders of the
Secretary of Labor issued pursuant to the Act.
(11) The Contractor agrees to post in conspicuous
places, available to employees and applicants for
employment, notices in a form to be prescribed by
the Director, provided by or through the
contracting officer. Such notices shall state the
Contractor's obligation under the law to take
sttirniative action to employ and aovance in
employment qualified disabled veterans. and
veterans of the Vietnam Era for employment, and
the rights of applicants and employees.
(12) The Contractor will notify each labor union or
representative of workers with which it has a
collective bargaining agreement or other contract
understanding, that the Contractor is bound by
the terms of the Vietnam Era Veterans'
Readjustment Assistance Act, and is committed to
take affirmative action to employ and advance in
employment qualified disabled veterans and
veterans of the Vietnam Era.
(13) The Contractor will include the provisions of this
clause in 'every subcontract or purchase order of
S10,000 or more unless exempted by rules,
regulations or orders of the Secretary issued
pursuant to the Act, so that such provisions will be
binding upon each subcontractor or vendor. The
Contractor will take such action with respect to
any subcontract or purchase order as the Director
of the Office of Federal Contract Compliance
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
of 1973 (P.L. 93-112) and 41 CFR Sec. 60.741.4.
(1) The Contractor will not discriminate against any
employee or applicant for employment because of
physical or mental handicap in regard to any
position for which the employee or applicant for
employment is qualified, The Contractor agrees to
take affirmative action to employ, advance' in
employment and otherwise treat qualified
handicapped individuals without discrimination
based upon their physical or mental handicap in all
employment practices such as the following:
employment, upgrading, demotion or transfer,
recruitment, advertising, layoff or termination,
rates of pay or other forms of compensation, and
selection for training, including apprenticeship.
(2) The Contractor agrees to comply with the rules,
regulations and relevant orders of the Secretary of
Labor issued pursuant to the Act.
(3) In the event of the Contractor's noncompliance
with the requirements of this clause, actions for
noncompliance may be taken in accordance with
the rules, regulations and relevant orders of the
Secretary of Labor issued pursuant to the Act.
(4) The Contractor agrees to post in conspicuous
places, available to employees and applicants for
employment, notices in a form to be prescribed by
the Director, provided by or through the
contracting officer. Such notices shall state the
Contractor's obligation under the law to take
affirmative action to employ and advance in
employment 'qualified handicapped employees and
applicants for employment, and the rights of
applicants and employees.
(5) The Contractor will notify each labor union or
representative of workers with which it has a
collective bargaining agreement or other contract
understanding, that•the Contractor is bound by
the terms of Section 503 of the Rehabilitation Act
of 1973, and is committed to take affirmative
action to employ and advance in employment
physically and mentally handicapped individuals.
(6) The Contractor will include the provisions of this
clause in every subcontract or purchase order of
$2,500.00 or more unless exempted by rules,
regulations or orders of the Secretary issued
pursuant to Section 503 of the Act, so that such
provisions will be binding upon each
Subcontractor or vendor. The Contractor will take
such action with respect to any subcontract or
purchase order as the Director of the Office of
Federal Contract Compliance Programs may direct
to enforce such provisions, including action for
noncompliance.
AFFIRMATIVE ACTION POLICY FOR CONTRACTORS AND VENDORS
Name of Contractor
adopts this plan to affirm its support of a program of equal employment opportunity, and to assure
compliance with Executive Orders 11246 and 11375, Title VII of the Civil Rights Act of 1964, Section 503 of
the Rehabilitation Act of 1973; the California Fair Employment Practice Act, and the implementing entity's
Affirmative Action Compliance Program. This contractor agrees to assert leadership within the community
and to put forth good faith efforts to achieve full employment and utilization of the capabilities and
productivity of all our citizens without regard to race, age, color, sex, religion, ancestry, national
origin, marital status, or handicap.
This contractor further recognizes that the effective application of a policy of equal employment opportunity involves more
than just a policy statement and will, therefore, undertake affirmative action to make known that equal opportunities are
available on the basis of individual merit, and to encourage advancement on this basis.
The following Affirmative Action Program is hereby established as the policy and practices of our company:•
Instructions: Indicate your policy by circling the applicable letter to the left of each item below. The letters
are to be interpreted as follows:
A. This is now a practice of our Company.
B. Our Company will adopt this policy.
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
One
• •Items
A
B
C
1. Our company shall recruit and hire all employees without regard to race, age, color, sex, religion, ancestry,
national origin, marital status or handicap, and will treat all employees equally in respect to compensation
and opportunities for advancement, including upgrading and promotion.
.
Explain "C"
A
B
C
2. Our company will actively use.recruitment sources such as employment agencies, unions, and schools which
have a policy of referring applicants on a nondiscriminatory basis.
Explain "C"
,
A
B
C
3. Our company will disseminate its affirmative action policy externally by informing and discussing it with all
recruitment sources, by advertising in news media, specifically including minority news media, and by
notifying and discussing the policy with all local minority, handicapped and women's organizations and
subcontractors and shall maintain records of the organizations' responses.
Explain "C"
A
B
'4. Our company shall make specific and constant personal, written, and oral recruitment efforts directed at all
local minority, handicapped, and women's organizations, including schools, recruitment and training
organizations. .
C
Explain "C"
Circle
One
Items
A
B
C
5. Our company shall make specific efforts to encourage present minority, handicapped and women employees
to recruit their friends and relatives whose status also comes under that of minority, handicapped or women.
Explain "C" '
•
A
B
C
6. Our company will maintain a file of the names and addresses of each minority applicant and female
applicant referred to the company for hiring, and if the applicant is not considered for employment or was
not employed, the company's file should document this and the reasons therefor.
•
Explain "C"
A
B
C
•
•7. Our company •shall notify the County's Contract Compliance Coordinator when the union or unions with
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.
Explain "C"
A
B
C
8. Our company will actively take steps to integrate any positions, departments or plant locations which have
no women or minorities or are almost staffed with one particular group.
Explain "C"
A
B
C
9. Our company shall insure that all employee specifications, selection requirements, tests, and other employee
recruitment or evaluation procedures do not discriminate against minorities, handicapped, or women.
Explain "C"
A
B
C
10. Where reasonable, our company shall develop or finance on-the-job training opportunities and participate and
assist in any association or employee group training programs relevant to the company's employee needs.
•
Explain "C"
A
B
C
11. Our company shall continually inventory and evaluate all minority, handicapped, and female personnel for
promotion opportunities and encourage minority and female employees to see such opportunities.
Explain "C"
Circle
One
Items
A
B
C
12. Our company shall make sure that seniority practices, job classifications, rates of pay, and other forms of
compensation, and other employee practices and classifications *do not have an unlawfully discriminatory
effect on handicapped, minority or female employees.
Explain "C" •
A
B
C
13. Our company will make certain that all facilities normally used concurrently by all company activities are
nonsegregated.
Explain "C"
A
B
C
.14.Our company shall make certain that all subcontractors are in compliance with the
Affirmative Action Compliance Plan of the implementing entity, and that all project
subcontractors have an approved Affirmative Action Plan.
Exp/ain "C"
A
B
C
15. Our company shall solicit bids for subcontracts from minority subcontractors and female subcontractors
subject to availability.
Explain "C"
A
C
16. Our company shall make every effort to provide after school, summer and vacation employment to minority
youths.
•
•
Explain "C"
A
B
C
17. Our company shall continually monitor all personnel activities to insure that the
, implementing entity's Affirmative Action Policy for Contractors and Vendors is carried
out.
Explain "C"
Date
Signature
Executed at
rivvlYnwn
Title
CERTIFICATION OF COMPLIANCE WITH AIR AND WATER ACTS
(Applicable to Federally assisted construction contracts
and related subcontracts exceeding $100,000)
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 1251 et seq., and the
regulations of the Environmental Protection Agency with respect
thereto, at 40 CFR Part 15, as amended.
In addition to the foregoing requirements, all nonexempt contractors
and subcontractors shall furnish to the owner, the following:
(1) A stipulation by the Contractor or subcontractors, that any
facility to be utilized in the performance of any nonexempt
contract or subcontract, is not listed on the List of
Violating Facilities issued by the Environmental Protection
Agency (EPA) pursuant to 40 CFR 15.20.
Agreement by the contractor to comply with all the requirements
of Section 114 of the Clean Air Act, as amended, (42 USC
1857c-8) and Section 308 of the Federal Water Pollution Control
Act, as amended, (33 USC 1318) relating to inspection, monitoring,
entry, reports and information, as well as all other requirements
specified in said Section 114 and Section 308, and all regulations
and guidelines issued thereunder.
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
that a facility utilized, or to be utilized for the contract,
is under consideration to be listed on the EPA List of Violating
Facilities.
(2)
(3)
(4) Agreement by the Contractor that he will include, or cause to
be included, the criteria and requirements in paragraph (1)
through (4) of this section in every nonexempt subcontract
and requiring that the Contractor will take such action as
the Government may direct as a means of enforcing such pro-
visions.
OCD 3/81
State of California Department of Industrial Relations
Division of Apprenticeship Standards
EXCERPTS FROM THE CALIFORNIA LABOR CODE
RELATING TO APPRENTICES ON PUBLIC WORKS
Gunter 1 of Division 2
APPRENTICES ON PUBLIC WORKS
(Note: Badtace type denotes key pants.)
1773.3 An awarding agency whose public works con-
tract falls within the jurisdiction of Section 17T7.5 shall,
wlUtin flve days of the award, send a copy of the award to
the Division of Apprenticeship Standards. When specific-
ally requested by a local joint apprenticeship committee.
the division shall notify the local joint apprenticeship
canmrttee regarding all such awards applicable to the joint
apprenticeship committee making the request. Within five
days of a finding of any discrepancy regarding the ratio of
apprentices to journeymen, pursuant to the certificated
fixed number of apprentices to journeymen, Tie awarding
agency shalt notify the Division of Apprenticeship Standards.
(Added by Stats, 1978, Ch. 1249,)
1776. • (a) Each contractor and subcontractor shall keeo an
accurate payroll record, showing tne name, address. sacral
security number, work classification, straight time and over.
time hours worked each day and week, and the actual per
diem wages paid to each pumeyrnan, apprentice, worker. or
other employee employed by him or her in connection wan the
public work.
(b) The payroll records enumerated under subdivision (a)
shalt be certified and shall be available for inspection a; all
reasonable hours at the principal ow,ce of the contractor on tree
following basis:
(1) Acertified cooyofanemployees payroll record shal e
made available for inspection or famished to such employee
or his or ner authorized representative on request.
(2) A certified copy of all payroll records enumerated in
subdivision (a) shall be made available for inspection or
furnished upon request to a representative of the body award-
ing the contract. the Division of Labor Standards Enforcement
and the Division.of Apprenticeship Standards of the Depart-
ment of Industnal Relabons.
(3) A certified copy of all payroll records enumerated in
subdivision (a) shall be made available upon request to the
public for inspection or copies thereof made; provided, how-
ever, that a request by the public shall be made thrown
either the body awarding the contract. the Division of Ap-
prenticeship Standards. or the Derision of labor Standards
Enforcement. The public shall not be given access to suc0
records at the principal office of the contractor.
(c) Each contractor shall file a certified copy o1 ate
records enumerated in subdivision (a) with the entity that
requested such records within 10 days after receipt of a
written request.
(d) Arty copy of records made available for inspection as
copies and furnished upon request to the public or any pubiic
agency by the awarding body, the 0rvision of Apprenticeship
Standards or the Oivision of Labor Standaros Enforcement
shall be marked or obliterated in such a manner as to prevent
disclosure of an individual's name, address and social sear•
sty number. The name and address of the contractor awarded
the contract or performing the contract shall not be marked cr
obliterated.
(e) The contractor snail inform Lie body awarding the con-
tract of the location of the records enumerated under suborw-
sion (a), including the street address, city and county. and
shall, within true working days, provide a notice of a change of
location and address.
(f) In the event of noncompliance with the requirements of
Vita section, the contractor shall have 10 days in which to
canpty subsequent to receipt of written notice specifying in
what respects such contractor must comply with this section.
Should noncompliance still be evident after such 10-day
period, the contractor shalt, as a penalty to the state or political
subdivision on whose behall the contract Is made or awarded,
forfeit twenty-five dollars (525) for each calendar day, or por-
tion thereof, for each worker, until strict compliance Is effec-
tuated. Upon the request of the Division of Apprenticeship
Standards or the Division of Labor Standards Enforcement,
such penalties shall be withheld from progress payments then
cue.
(g) The body awarding the contract shall cause to be in-
serted in the contract stipulations to effectuate this section.
Such stipulations shall fix the responsibility for compliance
with this section on the prime contractor.
(h) The director shall adopt rules consistent with the Cali-
fornia Public Records Act, (Ch. 3.5 (commencing with Sec.
6250), of Div. 7, Trtle 1, Gov. C.) and the Information Practices
Act of 1977, (Title 1.8 (commencing with Sec. 1798) Pt. 4. Div.
3, Civ. C.) governing the release of such records, including the
establishment of reasonable fees to be charged for reproduc-
ing copies of records required by this section.
(Added by State. 1978, Ch. 1249.)
1777.5. Nothing In this chapter shall prevent the employ-
ment of properly registered apprentices upon public works.
Every such apprentice shall be paid the standard wage paid (A )
to aoorentices under the regulations of the craft or trade at
whlcn he is employed, and shall be employed only al the work
of tne craft or trade to which he is registered.
Only apprentices, as defined in Section 3077, who are
in training under apprenticeship standards and written appren-
tice agreements under Chapter 4 (commencing with Section
3070), Division 3, of the Labor Code, are eligible to be em-
ployed on public works, The employment and training of each
apprentice shall be in accordance with the provisions of the
apprenticeship standards and apprentice agreements under
which he is training.
When the contractor to whom the contract is awarded by the
sate or any political sualrvision, or any subcontractor under
him, in performing any of the work under the contract or
subcontract, employs workmen in any apprenuceable
craft or trade, the contractor and subcontractor shall apply
to the Joint apprenticeship committee administering the ap-
prenticeship standards of the crart or trade in the area of the
she of the public work for a cenrffcate approving ttie con-
tractor or subcontractor under the apprenticeship standards
for the employment and training of apprentices in the area or
industry affected; provided, however, that the aooroval as
established by the joint apprenticeship committee cr commit-
tees shall be subject to the approval of the Administrator of
Apprenticeship. The joint apprenticeship committee or com-
mittees, subsequent to approving the subject contractor or
subcontractor, shall arrange for the dispatch of apprentices
to the contractor or subcontractor in order to comply with this
section. There shall be an affirmative duty upon the joint
apprenticeship committee or committees administering the
apprenticeship standards of the craft or trade in the area of
the site of the public work to ensure equal employment and
affirmative action in apprenticeship for women and minor-
ities. Contractors or subcontractors shalt not be required to
submit individual applications for approval to kcal pint ap-
prenti ship committees provided they are already oovered by
the local apprenticeship standards. The ratio of aoprentices
(3)
(c)
DAS 10 (Rev. 5/80) — A
(C) to )oumeymen who shall be employed In the craft or trade on
the public work may toe the ratio stipulated in the apprentice-
ship standards under which the joint apprenticeship commit-
tee operates but in no case shall the ratio be less than one
apprentice for each Live journeymen, except as otherwise
provided in this section.
The contractor or subcontractor, if he is covered by this
section, upon the issuance of the approval certificate, or if he
has been previously approved In such craft or trade, shall
employ the number of apprentices or the ratio of apprentices to
journeymen stipulated in the apprenticeship standards. Upon
proper showir i by the contractor that he employs apprentices
in such craft or trade in the state on all of his contracts on an
annual average of not less than one apprentice to each five
journeymen, the Division of Apprenticeship Standards may
grant a certificate exempting the contractor from the 1-to-5
(D) ratio as set forth in this section. This section shall not apply
to corrtracts of general contractors Involving less than
thirty thousand dollars (S30,000) or 20 working days or
to contracts of specialty contractors not bidding for work
through a general or prime contractor. Involving loss
than two thousand dollars (S2,000) or tower than five
working days.
"Apprenticeable craft or trade," IS used in this section, shall
mean a craft or trade determined as an apprenticeable KY, r-
potion in accordance with rules and regulations prescribed by
the Apprenticeship Council. The joint aoorenticeship commit-
tee shall have the discretion to grant a certificate, which shall
be subject to the approval of the Administrator of Apprentice-
ship, exempting a contractor from the 1-to-5 ratio set forth In
this section when rt finds that any one of the following condi-
tions is met:
(a) In the event unemployment Ice the previous three
month period in such area exceeds an average of 15 percent.
or
(b) In the event the number of apprentices in training in
such area exceeds a ratio of 1 to 5, or
(c) If there is a showing that the aoprenticeabte craft or
trade is replacing at least one -thirtieth of its )oumeymen
annually through apprenticeship training, either (1) on a
statewide basis, or (2) on a local basis.
(d) If assignment of an apprentice to any work performed
under a public works contract would create a condition which
would jeopardize his lice or the life, safety, or property of fellow
employees or the public at large or it the specific task to which
the apprentice is to be assigned is of such a nature that training
cannot be provided by a joumeyman.
When such exemptions are granted to an organization
which represents contractors In a specific trade from the 1 -to-
5 ratio on a local or statewide basis the member con-
tractors will not be required to submit individual applications
for approval to local joint apprenticeship committees, pro-
vided they are already covered by the local apprenticeship
standards.
(E) A contractor to whom the contract is awarded, or any sub-
contractor under him, who. in performing any of the work under
the contract, employs journeymen or apprentices in any ap-
prenticeable craft or trade and who is not contributing to a fund
or funds to administer and conduct the apprenticeship pro-.
gram in any such craft or trade in the area of the site of the
public work, to which fund or funds other contractors In the
area of the site of the public work are contributing, shall contri-
bute to the fund or funds in each craft or trade in which he
employs joumeymen or apprentices on the public work in the
same amount or upon the same basis and in the same manner
as the other contractors do, but where the trust fund adminis-
trators are unable to accept such funds, contractors not sig-
natory to Me trust agreement shall pay a like amount to the
California Apprenticeship Council. The contractor or subcon-
tractor may add the amount of such contributions In computing
his bid for the contract. The Division of Labor Standards En-
forcement is authorized to enforce the payment of such con-
tributions cc the fund or funds as sot forth in Section 227.
The body awarding the contract shall cause to be In-
serted In the contract stipulations to effectuate this
section. Such stipulations shall fix the responsibility
of compliance with this section for all apprertticeeble
occupattona with the prime contractor.
All decisions of the joint apprenticeship committee under
this section are subject to the provisions of Section 3081.
(Amended by Stets. 1976, Ch. 1179.)
1777.6. It shall be unlawful for an employer or a Tabor union
to refuse to accept otherwise qualified employees as regis-
tered apprentices on any public works, on the ground of the
race, religious creed, color, national origin, ancestry, sex, or
age. except as provided in Section 3077, of such employee
(Amended by Stets. 1976. Ch. 1179,)
Sec. 1777.7. (a) In the event a contractor willfully fails to
comply with the provisions of Section 1777,5, such contractor
shall:
(1) Be denied the right to bid on any public works contract
for a period of one year from the date the determination of
noncompliance is made by the Administrator of Apprentice-
ship; and
(2) Forfeit as a civil penally in the sum of fifty dollars (S50)
for each calendar day of noncompliance. Notwithstanding the
provisions of Section 1727, upon receipt of such a determina-
tion the awarding body shall withhold from contract progress
payments then due or to become due such sum.
(b) Any such determination shall be issued after a full in-
vestigation, a fair and impartial hearing, and reasonable notice
thereof in accordance wrth reasonable rules and procedures
prescribed by the California Apprenticeship Council.
(c) Any funds withheld by the awarding body pursuant to
this section shall be deposited in the General Fund it the
awarding body is a state entity, or in the equivalent fund of an
awarding body if such awarding body is an entity other than the
state.
The interpretation and enforcement of Sections 1777.5 and
1777.7 shall be in accordance with the rules and procedures of
the California Apprenticeship Council.
(Amended by State. 1978, Ch. 1249.)
(E)
"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 cormmunity 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 given
lower income residents of the project area and contracts for
work in connection with the project be awarded to business
concerns which are located or owned in substantial part by
persons residing in the area of the project.
b. The parties to this contract will comply with the provisions
of said section 3 and the regulations issued pursuant thereto
by the Secretary of Housing and Urban Development set forth to
24 CFR 135, and all applicable rules and orders of the Depart-
ment issued thereunder prior to the execution of this contract.
The parties to this contract certify and agree that they are
under no contractual or other disability which would prevent
them from complying with these requirements.
c. The contractor will send to each labor organization or rep-
resentative of workers with which he has a collective bargaining
agreement or other 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.
-1
Izd-1
d. Th•e 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 actionpursuant 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.
b-1 TTd-2
FORM OF BID BOND
KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned,
as Principal, and
as Surety, are hereby and firmly bound unto
as owner, in the penal sum of
for the payment of which, well and truly .to be made, we hereby jointly and severally
bind ourselves, our heirs, executors, administrators, successors and assigns.
Signed this day of , 19
The condition of the above obligation is such that whereas the Principal has submitted
to a certain Bid, attached hereto and hereby
made a part hereof to enter into a contract in writing, for the
NOW, THEREFORE,
a. If said Bid shall be rejected, or in the alternate,
b. If said Bid shall be accepted and the Principal shall execute and
deliver a contract in the form of contract attached hereto (prop-
erly completed in accordance with said Bid) and shall furnish a
bond for his faithful performance of said contract, and shall in
all other respects perform the agreement created by the acceptance
of said Bid,
then this obligation shall be void; otherwise, the same shall regain in force and
effect; it being expressly understood and agreed that the liability of the Surety for
any and all claims hereunder shall, in no event, exceed the penal amount of this ob-
ligation as herein stated.
The Surety, for value received, hereby stipulates and agrees that the obligations of
said Surety and its bond shall be in no way impaired or affected by any extension of
the time within which the Owner may accept such Bid; and said Surety does hereby
waive notice of any such extension.
D-1 IIIa-1
IN WITNESS WHEREOF, the Principal and the surety have hereunto set their hands
and seals, and such of them as are corporations have caused their corporate
seals to be hereto affixed and these presents to be signed by their proper
officers, the day and year first mentioned.
By:
SEAL
Principal
D-1
IIIa-2
FORM OF PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS: That we
hereinafter called "Principal" and
a
of , State of
hereinafter called the "Surety", are held and firmly bound unto
of hereinafter called "Owner" in the penal sum of
dollars ($ ) in lawful money of
these United States, for the payment of which sum well and truly to be made, we
bind ourselves, our heirs, executors, administrators and successors, jointly and
severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such that. Whereas, the Principal entered
into a certain contract with the Owner, dated the day of
, 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
al.1 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
PROVIDED; FURTHER, that no final settlement between the Owner and the Contractor
shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfie
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) Secretary
(SEAL) By:
Witness as to Principal •
(Address)
ATTEST:
By:
(Surety) Secretary
(SEAL)
Principal
(Address)
Surety
Attorney -in -Fact
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 subcontractor 'or other-
wise, then this obligation shall be void; otherwise to remain in full force and effect.
PROVIDED, FURTHER, that the said surety, for value received hereby stipulates and
agrees that no change, extension of time, alteration or addition to the terms of the
contract or to the work to be performed thereunder or the specifications accompanying
the same shall in anywise affect its obligation on this bond, and it does hereby
waive notice of any such change, extension of time, alteration or addition to the
terms of the contract or to the work or to the specifications.
PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor
shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.
n-1 III-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
19
ATTEST:
Principal
(Principal) Secretary
(SEAL)
By
Witness as to Principal
(Address)
ATTEST:
(Surety) Secretary
(SEAL)
By:
(Address)
Surety
Attorney -in -Fact
Witness as to Surety (Address)
(Address)
(2•G6)
U.S. Deportment of Housing and Urban Development
CERTIFICATE OF OWNER'S ATTORNEY
I, the undersigned, the
duly authorized and acting legal representative of
follows:
, do hereby certify as
l have examined the .attached contract(s) and surety bonds and the manner
of execution thereof, and x am of the opinion that each of the aforesaid
agreements has been duly executed by the proper parties thereto acting
through their duly authorized representatives; that said representatives
have full power and authority to execute said, agreements on behalf of the
respective parties named thereon; and that the foregoing agreements consti-
tute valid and legally binding obligations upon the parties executing the
same in accordance with terms, conditions and provisions thereof.
Date:
D-1
IIId
Date:
THOMAS R. LAURIN, Director
Department of Economic and Community Development
290 North "D" Street, Sixth Floor
San Bernardino, CA 92415-0040
REQUEST FOR APPROVAL
Project Activity Name:
Case Number:
Activity Location:
The
ISSUE:
AWARD:
Name of Contractor:
hereby request approval to
) A REQUEST FOR PROPOSAL FOR CONSULTANT SERVICES
) AN INVITATION TO BID FOR CONSTRUCTION SERVICES
) A CONTRACT CHANGE ORDER
) A CONSULTANT SERVICES CONTRACT
) A CONSTRUCTION SERVICES CONTRACT
) SOLE SOURCE PROCUREMENT
) PURCHASE ORDER
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
D--2
Director
Department of Economic and
Community Development
474 West Fifth Street
San Bernardino, CA 92415-0040
RE: MONTHLY PROJECT STATUS REPORT
Implementing Entity:
Project/Activity
Date:.
' Case Number:.
Current Status:
Obstacle(s) Encountered:
Up -coming Action(s):
Assistance Needed:
Signature of CDBG Coordinator/Contact Date
Record of
Employee Interview
Labor Standards
Department of Housing
and Urban Development
Project Number
Project Name
OMB Approval No. 2501-0009 (Exp. (4-30-88)
Contractor or Subcontractor (Employor)
I. Name of Employee
2. Home Address and Zip Code
3. last Oate You Worked on Number of Hours Worked
Project before Today? on Project on that Oate?
4, Your Hourly Pay Rate?
5
. 5.. Your Job Classificalion(s)?
Apprentice?
Yes
No
6. Your Duties?
7. Tools or Equipment Used?
8. Paid at least Time and One.Hatf for All Hours
Worked in Excess of 40 In a Week? •
(1f overtime premium pay Is not required, enter "inapplicable')
9. Ever Threatened, Intimidated, or Coerced into
Giving Up Any Part of Pay?
Yes
No
10. Outies Observed by Interviewer
Conform to Classification:
11. Remarks (Continue on reverse 11 necessary) .
1 Yes
No
12. Signature of Interviewer
Date of Interview
Payroll Examination
13. Remarks (Continue on reverse if necessary)
14. S;grtaturo or Payroll Examiner
Date
Previous Edition is Obsoloto
HUD-11(9-06)
u-s. DCPAR11AFNr OF LABOR
WAGC AND }LOUR DTri11Otr
NAME OF CONTRACTOR OR :UOCONTRACTOR
PAYROLL
(For Contractor's Optional Usc; Sco Instruction, Form WI -I 347 Inst.)
FORM Wti-147 (T/ca) - forwent? sot_ I-a<—.PURCUASE THIS FORM DIRECTLY FROM THE SUPT. OF DOCUMENTS
OMB No_ 121'3-0143
Expires; 00-30-30
Oa to
1,
(Han,. of signatory party)
do hereby state:
(DUO
(I) That I pay or supervise the payment of the persons employed by
(contractor or subcontractor) Nunak+C or wodo
• that during the payroll period commencing on the
on the
day of . I9__,_, and ending the day of
rc 19
all persons employed on said
project have been paid the full weekly wages earned, that no rebates
have been or will be made either directly or Indirectly to or on behalf of said
(Conntractor or ,upcon rac[ue)
from the full
weekly wages earned by any person and that no deductions have been made either dlrecUy or
Innir�� other from the full wages earned by any person, oer than permissible deductorrs as defined
Regulations, Part 3 (29 CFR Subtitle A). Issued by the Secretary of Labor under the Copeland
Act, as amended (48 Stet. 943, 63 Stat. 109, 72 Stag 967; 76 Stat. 357; 40 U.S.C. 276c), and do -
scribed below:
(2) That any payrolls otherwise under this contract required to be submitted for the above
period are correct and comp/eta; that the wage rates for laborers or mechanics contained therein
aro not less than the applicable wage rates contained In any wage determination incorporated Into
the contract that the classifications set forth therein for each laborer or mechanic conform with the
work ha performed.
(3) That any apprentices employed In tie above period aro duly registered In a bona fide
apprent c hip program registered with : State of Apprenticeship and Training, United States apprenticeshiprtt Lagency recognized by the a Bureau
exists In a Ste. are Department of Labor, or If n t such United
States
agency
registered with the Bureau of Apprenticeship and Training, United States Depart-
ment of Labor.
(4) That:
(a) WHERE FRINGE BENEFITS ARE PAID TO APPROVED PLANS, FUNDS, OR PROGRAMS
—In addition to the basic hourly wage rates paid to each taborer or mechanic listed In the above referenced payroll, payments of fringe benefits as listed In the
eoflra-.t hove been or will be made to appropriate programs for the benefit of such
employees, except as noted In Section 4(c) below.
(b) WHERE FRINGE BENEFITS ARE PAID IN CASH
—Each laborer or mechanic listed In the above referenced payroll has been paid, as
Indicated on the+ payroll. an amount not less than the sum of the applicable basic
hourly wage rate plus the amount of the required fringe benefits as listed In the
contract; except as'noted In Section 4(c) below.
(c) DX:EP IONS
NAME AND TITLE
MCNATURE
THE WILFUL FALSIFICATION OF ANY OF THE AUOYE STATEMENTS MAY suruccr THE CONTRACTOR
OR SUIICONTRACroR TO CIVIL OR CRI.z1NAL PRCSECUTtoN. SEE SECTION 1001 OF TITLE IS AND
SECfort 231 OF TITLE 31 OF THE UNITED STATES CODE.
o v.x. ........... ....n . nus., n• na sa
CONTRACTOR'S CERTIFICATION OF COMPLIANCE
WITH DAVIS-BACON AND
RELATED ACT REQUIREMENTS
I, , as Prime Contractor for Project #
, hereby make the following certification and
acknowledgement with respect to the applicability of Davis -Bacon and Related Acts
Requirements:
1) By entering into this contract, I certify that I acknowledge that the above
referenced project is federally funded and I am solely responsible for
complying with the Davis -Bacon and Related Acts Requirements; and,
2) The Prime Contractor and all Subcontractors are required to pay their
laborers and mechanics employed under this contract, a wage not less than
the highest wage applicable to their work classifications, as specified by the
current and applicable Federal Wage Determination. If no Federal work
classification appears to apply, Prime Contractor shall make written
request to County to obtain applicable work classifications and wage rates
prior to start of construction. When the same classification appears in both
the Federal and State wage decisions, the higher wage must be paid for that
classification. The Prime Contractor is responsible for ensuring subcontractor
compliance with Davis -Bacon and Related Acts Requirements.
Signature, Prime Contractor
Title, (Owner or President)
Date
DBCERT/PRECON.FRM
11/5/98/CE
ATTACHMENT E
SAN BERNARDINO COUNTY
DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT
DELEGATE AGENCY
MINORITY AND WOMEN OWNED BUSINESS ENTERPRISE PARTICIPATION
This form is designed to assist the County of San Bernardino in complying with HUD regulations by reporting the
amounts of contracts and subcontracts awarded to Minority and Women Owned Business Enterprises (M/WBE'S) for
the project named below. Include information on all subcontractors and suppliers if the total bid amount exceeds
$10,000.
"Minority owned or controlled" means that 51% or more of the company's ownership or controlling interest in the
company is held by one or more African Americans, Native Americans (including American Indians, Eskimos, Aleuts,
and Native Hawaiians), Hispanic/Latino Americans, or Asian/Pacific Americans (including persons whose origins are
from Japan, China, the Philippines, Vietnam, Korea, Samoa, Guam, the United States Trust Territories of the Pacific,
Northern Marianas, Laos, Cambodia, and Taiwan), or any other group of natural persons identified as minorities in the
project specifications by the County.
"Female owned or controlled" means that 51% or more of the company's ownership or controlling interest in the
company is held by one or more female persons.
PROJECT
Project Name
Total Bid Amount
CONTRACTOR/SUPPLIER
Project Number
Contractor Name
Address Zip
Federal I.D. Number Phone Number
Portion of bid amount to be
performed by contractor
SUBCONTRACTORS/SUPPLIER
1)
Subcontractor Name
Federal I.D. Number
Subcontract Amount
Minority owned or controlled? [ ] Yes [ ] No
If yes, which minority?
Female owned or controlled? [ ] Yes [ ] No
Address Zip
Phone Number
If yes, which minority?
Which Minority?
Female owned or controlled? [ ] Yes [ ] No
2)
3)
Minori and Women Owned Business Ente rises Partici ation Continued
Subcontractor Name
Federal I.D. Number
Subcontract Amount
Subcontractor Name
Federal I.D. Number
Subcontract Amount
4)
Subcontractor Name
Federal I.D. Number
Subcontract Amount
Address Zip
Phone Number
Minority owned or controlled? [ ] Yes [ ] No
If yes, which minority?
Female owned or controlled? [ ] Yes
[']No
Address
Phone Number
Minority owned or controlled? [ ] Yes [ ] No
If yes, which minority?
Female owned or controlled? [ ] Yes [ ] No
Address
Phone Number
Minority owned or controlled? [ ] Yes [ ] No
If yes, which minority?
Female owned or controlled? [ ] Yes [ ] No
Zip
Zip
5)
Subcontractor Name
Federal I.D. Number
Subcontract Amount
6)
Subcontractor Name
Federal I.D. Number
Subcontract Amount
7)
Subcontractor Name
Federal I.D. Number
Subcontract Amount
Address
Phone Number
Minority owned or controlled? [ ] Yes [ ] No
If yes, which minority?
Female owned or controlled? [ ] Yes [ ] No
Address
Zip
Phone Number
Minority owned or controlled? [ ] Yes [ ] No
If yes, which minority?
Female owned or controlled? [ ] Yes [ ] No
Zip
Address
Zip
Phone Number
Minority owned or controlled? [ ] Yes [ ] No
If yes, which minority?
Female owned or controlled? [ ] Yes [ ] No
(Use additional copies of this form if needed to provide information on all subcontractors)
ATTACHMENT E
SAN BERNARDINO COUNTY
DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT
DELEGATE AGENCY
MINORITY AND WOMEN OWNED BUSINESS ENTERPRISE PARTICIPATION
This form is designed to assist the County of San Bernardino in complying with HUD regulations by reporting the
amounts of contracts and subcontracts awarded to Minority and Women Owned Business Enterprises (M/WBE'S) for
the project named below. Include information on all subcontractors and suppliers if the total bid amount exceeds
$10,000.
"Minority owned or controlled" means that 51% or more of the company's ownership or controlling interest in the
company is held by one or more African Americans, Native Americans (including American Indians, Eskimos, Aleuts,
and Native Hawaiians), Hispanic/Latino Americans, or Asian/Pacific Americans (including persons whose origins are
from Japan, China, the Philippines, Vietnam, Korea, Samoa, Guam, the United States Trust Territories of the Pacific,
Northern Marianas, Laos, Cambodia, and Taiwan), or any other group of natural persons identified as minorities in the
project specifications by the County.
"Female owned or controlled" means that 51% or more of the company's ownership or controlling interest in the
company is held by one or more female persons.
PROJECT
Project Name
Total Bid Amount
CONTRACTOR/SUPPLIER
Project Number
Contractor Name
Federal I.D. Number
Portion of bid amount to be
performed by contractor
SUBCONTRACTORS/SUPPLIER
1)
Subcontractor Name
Federal I.D. Number
Subcontract Amount
Address
Zip
Phone Number
Minority owned or controlled? [ ] Yes [ ] No
If yes, which minority?
Female owned or controlled? [ ] Yes [ ] No
Address
Zip
Phone Number
If yes, which minority?
Which Minority?
Female owned or controlled? [ ] Yes [ ] No
Minority and Women Owned Business Enterprises Participation (Continued)
2)
Subcontractor Name Address Zip
Federal I.D. Number
Subcontract Amount
Phone Number
Minority owned or controlled? [ ] Yes [ ] No
If yes, which minority?
Female owned or controlled? [ ] Yes [ ] No
3)
Subcontractor Name
Address Zip
Federal I.D. Number Phone Number
$ Minority owned or controlled? [ ] Yes [ ] No
Subcontract Amount If yes, which minority?
Female owned or controlled? [ ] Yes [ ] No
4)
Subcontractor Name
Federal I.D. Number
Subcontract Amount
Address Zip
Phone Number
Minority owned or controlled? [ ] Yes [ ] No
If yes, which minority?
Female owned or controlled? [ ] Yes [ ] No
5)
Subcontractor Name
Federal T.D. Number
Subcontract Amount
Address Zip
Phone Number
Minority owned or controlled? [ ] Yes [ ] No
If yes, which minority?
Female owned or controlled? [ ] Yes [ ] No
6)
Subcontractor Name
Federal I.D. Number
Subcontract Amount
Address Zip
Phone Number
Minority owned or controlled? [ ] Yes [ ] No
If yes, which minority?
Female owned or controlled? [ ] Yes [ ] No
7)
Subcontractor Name Address Zip
Federal I.D. Number
Subcontract Amount
Phone Number
Minority owned or controlled? [ ] Yes [ ] No
If yes, which minority?
Female owned or controlled? [ ] Yes [ ] No
(Use additional copies of this form if needed to provide information on all subcontractors)
CDBG Agreement - On motion of Councilmember George, seconded by
Councilmember Freedman, the City Council unanimously approved a Delegate
Agency Agreement with the County of San Bernardino which specifies the
procedures, sequences, responsibilities and forms to be used to administer
Community Development Block Grant (CDBG) activities.
Herald Street Rehabilitation Project - On motion of Councilmember George,
seconded by Councilmember Freedman, the City Council unanimously
approved Change Order No. 1 to the contract for the Herald Street
Rehabilitation Project in the amount of $18,725.62.
Tract No. 15937 - Standard Pacific Homes - This request for a subdivision
improvement agreement and final approval for Tract No. 15937 was continued
to May 16, 2000.
Model Home Agreement - Tract No. 15937 - On motion of Councilmember
George, seconded by Councilmember Freedman, the City Council unanimously
approved a model home agreement for Tract No. 15937, located northwesterly
of Lugonia Avenue and Dearborn Street, and accepted the associated faithful
performance bond in the amount of $80,000.00 to allow the development of a
four unit model home complex prior to the recordation of the final map subject
to the conditions included the staff report.
Funds - Resolution No. 5758 - Equipment Purchase Program - On motion of
Councilmember George, seconded by Councilmember Freedman, the City
Council unanimously adopted Resolution No. 5758, a resolution of the City
Council of the City of Redlands accepting the California Law Enforcement
Technology Equipment Purchase Program grant; approved an additional
appropriation of $80,000.00 to the Police Department to fund the grant program;
and approved the use of the funds as described:
Surveillance Equipment $45,520.00
Car Video System 19,040.00
Computer Equipment 7,268.00
Radio Equipment 8,172.00
Total $80,000.00
COMMUNICATIONS
Proposed Budget Study Sessions - Finance Director Johnson presented a
tentative schedule for the City Council proposed budget study sessions with the
first meeting scheduled for May 16, 2000, at 9:00 A.M. A revised schedule will
be prepared based on availability of each Councilmember. Mayor Gilbreath
reported a balanced budget will be presented to the City Council but that she has
also asked the department heads to present other items not included in the
proposed budget in order for the City Council to establish a priority listing and
to come up with a financing plan.
May 2, 2000
Page 7