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HomeMy WebLinkAbout24-Parks & RecreationI CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION From: Lemuel P. Randolph, Director Subject: RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN Dept: Parks, Recreation & BERNARDINO AUTHORIZING THE MAYOR Community Services Dept. TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO, THE COUNTY OF SAN BERNARDINO Date: July 26, 2006 ORIGINALDEVELOPMENT DEPARTMENT OF COMMUNITY AND HOUSING, AND THE AUTHORITY FOR THE HANDICAPPED TO PROVIDE FACILITY IMPROVEMENTS AT THE CENTER FOR INDIVIDUAL DEVELOPMENT (C.I.D.) MAIN BUILDING, ANNEX,AND THE NORTH NORTON CENTER USING COUNTY CDBG FUNDS. M/CC Meeting Date: September 5, 2006 Synopsis of Previous Council Action: None Recommended Motion: Adopt Resolution. Authorize the Director of Finance to amend the FY 2006/07 Adopted Budget and increase account#001- 325-5706 by$181,500 and the offsetting revenue account#001-000-490 y$181 00 t reflect the County CDBG reimbursement to be received. Signature Contact person: Lemuel Randolph Phone: 384-5030 Supporting data attached: staff report,Recd, &contract Ward: L't=idP FUNDING REQUIREMENTS: Amount: $181,500 Source: 001-325-5706 Alterations and Renovations Finance: Council Notes: bt ;4-0p Agenda Item No. o a15J 0( CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report Subject: Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Mayor to execute an Agreement between the City of San Bernardino, the County of San Bernardino Department of Community Development and Housing, and the Authority for the Handicapped to provide facility improvements at the Center for Individual Development (C.I.D.) main building, annex, and the North Norton Center using County CDBG funds. Background: The Center for Individual Development (C.I.D.) is a Regional Recreation Center serving people with disabilities, their families and friends. The North Norton Center is leased to the County of San Bernardino to prepare Meals on Wheels for senior citizens. The C.I.D. is located at 8088 Palm Lane and the North Norton Center is located adjacent to the C.I.D. at 24424 Monterey. Both facilities have been in operation since 1980. The C.I.D. and the North Norton Center are under the auspices of the Authority for the Handicapped, a joint power authority. (the Authority). The Authority applied for and received a Community Development Block Grant (CDBG) from the County of San Bernardino to provide facility improvements. The scope of the work includes the rehabilitation of the roof, front canopy and HVAC system at C.I.D. main building and annex and the rehabilitation of the roof and front canopy at the North Norton Center. The City Facilities Dept. will serve as the Project Manager, providing construction management services for the facility improvements. The City pays for initial costs of the project and is subsequently reimbursed by the County of San Bernardino with CDBG funds. Financial Impact: The County of San Bernardino Department of Community Development and Housing has approved this project for FY 2006-2007 using CDBG funds in the amount of$181,500. No City funds will be used for this project. Recommendation: 1. Adopt resolution, and 2. Authorize the Director of Finance to amend the FY 2006/07 Adopted Budget and increase account#001-325-5706 by$181,500 and the offsetting revenue account by$181,500 to reflect the County CDBG reimbursement to be received. Cory 1 RESOLUTION NO. 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE AN 3 AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO, THE COUNTY OF 4 SAN BERNARDINO DEPARTMENT OF COMMUNITY DEVELOPMENT AND HOUSING, AND THE AUTHORITY FOR THE HANDICAPPED TO PROVIDE 5 FACILITY IMPROVEMENTS AT THE CENTER FOR INDIVIDUAL DEVELOPMENT (C.I.D.) MAIN BUILDING, ANNEX, AND THE NORTH NORTON 6 CENTER USING COUNTY CDBG FUNDS. 7 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE 8 CITY OF SAN BERNARDINO AS FOLLOWS: 9 SECTION 1. The Mayor of the City of San Bernardino is hereby authorized to 10 execute a contractual agreement with the County of San Bernardino, and the Authority for the 11 Handicapped using County CDBG Funds to provide facility improvements to the Center for 12 Individual Development (C.I.D.) and the North Norton Center. A copy of the Contract is 13 attached hereto as Exhibit A and incorporated herein. 14 15 SECTION 2. Any amendment or modification thereto shall not take effect or become 16 operative until fully signed and executed by the parties and no party shall be obligated 17 hereunder until the time of such full execution. No oral agreements, amendments, 18 modifications or waivers are intended or authorized and shall not be implied from any act or 19 course of conduct of any party. This resolution is rescinded if the parties to the contract fail to 20 21 execute it within sixty(120) days of the passage of this resolution. 22 HI 23 /// 24 25 26 /// 27 28 �� y RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY 1 OF SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO, THE COUNTY OF 2 SAN BERNARDINO DEPARTMENT OF COMMUNITY DEVELOPMENT AND 3 HOUSING, AND THE AUTHORITY FOR THE HANDICAPPED TO PROVIDE FACILITY IMPROVEMENTS AT THE CENTER FOR INDIVIDUAL 4 DEVELOPMENT (C.I.D.) MAIN BUILDING, ANNEX , AND THE NORTH NORTON CENTER USING COUNTY CDBG FUNDS. 5 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor 6 and Common Council of the City of San Bernardino at a meeting thereof, 7 held on the day of . 2006, by the following vote, to wit: 8 Council Members: AYES NAYS ABSTAIN ABSENT 9 ESTRADA 10 BAXTER 11 VACANT 12 13 DERRY 14 KELLEY 15 JOHNSON 16 McCAMMACK _ 17 18 Rachel G. Clark, City Clerk 19 The foregoing resolution is hereby approved this day of 20 2006. 21 Patrick J. Morris, Mayor 22 City of San Bernardino 23 Approved as to form: 24 James . Penman, City Attorney l 25 By: iG'Lr. . r ✓�; 1'ti._,. 26 a 27 , .�v 28 FOR COUNTY USE ONLY X New Vendor Code Dept. Contract Number SC A / Change CITYOFS772G Cancel County Department Dept. Orgn. Contractor's License No. Community Development and Housing CDH PROJ. County Department Contract Representative Telephone Total Contract Amount County of San Bernardino (DOUGLAS PAYNE/Christopher Moore (909) 388-0990 $181,500 FAS Contract Type r– J Revenue X—i Encumbered unencumbered [] Other: CONTRACT TRANSMITTAL If not encumbered or revenue contract type, provide reason: Commodity Code Contract Start Date Contract End Date Original Amount Amendment Amount $181,500 Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Amount SBA ECD PROJ. 200 2005 $181,500 Project Name Estimated Payment Total by Fiscal Year 1. North Norton: 2. North Norton: Reconstruction of Roof,Canopy Reconstruction of Roof and Canopy at the FY Amount I/D and HVAC at CID Facility and Annex North Norton Community Center 1.2005-2006 887,500 CDH Project#218-31103/2867 CDH Project#218-32103/2868 2. 2005-2006 $94,000 _ Contract Type 2(g) Contract Type 2(g) CONTRACTOR "Authority for the Handicapped "`City of San Bernardino Federal ID No. or Social Security No. *95-6303015 **95-6000772 Contractor's Representative *Ken Joswiak, Director **James Sharer, Director, Facilities Management, City of San Bernardino 'ress *8088 Palm Lane, San Bernardino, CA 92410 Phone *(909)384-5426 **300 North D St., San Bernardino, CA 92418 `*(909)384-5244 Nature of Contract: This Contract, between the County of San Bernardino, the City of San Bernardino and the Authority for the Handicapped provides one hundred eighty one thousand five hundred dollars ($181,500) in Community Development Block Grant funds for facility improvements including roofing, canopy rehabilitation, and HVAC replacement at the Center for Individual Development (CID), CID annex and the North Norton Community Center. The project is made up of two components. The first component includes the rehabilitation of roof(not including roof of the pool area,which will be done separately by the City of San Bernardino), HVAC and roof canopy at the CID and its annex located at 8088 Palm Lane, San Bernardino, CA 92410. CDBG funding for this component is eighty seven thousand five hundred dollars ($87,500). The second component includes the rehabilitation of the roof and canopy at the North Norton Community Center located at 24424 Monterey Ave., San Bernardino, CA 92410. CDBG funding for this component is ninety four thousand dollars ($94,000). Maintenance and operation of CID, its annex and the North Norton Community Center will be provided by Authority for the Handicapped at their sole expense for no less than fifteen (15)years following the completion of the project. The attached Contract consists of 10 pages and 4 Exhibits. (Attach this transmittal to all contracts not prepared on the "Standard Contract"form.) Approved as to Legal Form(sign in blue ink) Reviewed as to Contract Compliance Presented to BOS for Signature ► ► ► County Counsel Department Head Date Date Date auditor/Controller-Recorder Use Onl Contract Database ❑FAS Input Date Keyed By SAN BERNARDINO COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT AND HOUSING MAINTENANCE AND OPERATION CONTRACT WITH CITY OF SAN BERNARDINO AND AUTHORITY FOR THE HANDICAPPED This Contract is made and entered into this day of , 200_, by and between San Bernardino County, hereinafter referred to as "COUNTY", the City of San Bernardino, hereinafter referred to as `CITY' and Authority for the Handicapped, hereinafter referred to as `AUTHORITY. WHEREAS, COUNTY has entered into a Contract with the United States of America through its Department of Housing and Urban Development (HUD) to execute COUNTY Community Development Block Grant (CDBG) Program under the Housing and Community Development Act of 1974, as amended, hereinafter referred to as the "ACT"; and, WHEREAS, COUNTY Department of Community Development and Housing, hereinafter referred to as "CDH",is authorized to act on behalf of COUNTY in administering COUNTY CDBG program; and, WHEREAS, CITY Department of Facilities Management is authorized to act on behalf of CITY for the Construction Management Services and Compliance with HUD requirements associated with the CDBG program; and, WHEREAS, COUNTY and CITY created AUTHORITY, by joint exercise of powers agreement, as a separate public entity to be the organizational and administrative authority responsible for the operation of the Center for Individual Development and the North Norton Community Center; and, WHEREAS, COUNTY, CITY AND AUTHORITY recognize the public benefit in providing programs and services to severely disabled adults and seniors; and, WHEREAS, the San Bernardino City Unified School District has deeded to the County of San Bernardino the land occupied by the Center for Individual Development and the North Norton Community Center for the purpose of constructing a recreational and community center facilities; and, WHEREAS, AUTHORITY currently maintains and operates Center for Individual Development (CID) and its annex at 8088 Palm Lane, San Bernardino, CA 92410 and the North Norton Community Center at 24424 Monterey Ave., San Bernardino, CA 92410 at the sole expense of AUTHORITY; and, WHEREAS, COUNTY Board of Supervisors, as part of the County's FY 2005-2006 CDBG Action Plan has approved CDBG funding in the amount of one hundred eighty one thousand five hundred dollars ($181,500) consisting of eighty seven thousand five hundred dollars ($87,500) for the rehabilitation of roof, roof canopy and HVAC improvements at the CID and CID annex and ninety four thousand dollars ($94,000) for the rehabilitation of the roof at the North Norton Community Center facilities; and, WHEREAS, COUNTY, CITY and AUTHORITY desire to have CITY manage and direct the construction of the rehabilitation improvements. NOW, THEREFORE, in consideration of the mutual covenants herein set forth and the mutual benefits to be derived therefrom,the parties agree as follows: 1. PURPOSE OF CONTRACT This Contract is made for the purpose of identifying the parties responsible for the construction of improvements and the maintenance and operation of Center for Individual Development, its annex and the North Norton Community Center. The Center for Individual Development and its annex are located at 8088 Palm Lane, San Bernardino, CA 92410; the North Norton Community Center is located at 24424 Monterey Ave., San Bernardino, CA 92410, and all are hereinafter referred to as "FACILITIES". n___ i _r In - 2. SCOPE OF PROJECT CITY shall manage and direct the construction of improvements, to include the rehabilitation of roof, roof canopy and HVAC system, hereinafter referred to as "IMPROVEMENTS". Construction will include two components. The first component will include the rehabilitation of roof(not including roof of the pool area, which will be contracted and funded separately by the City of San Bernardino),reconstruction of roof canopy and rehabilitation of the HVAC system at the CID and its annex located at 8088 Palm Lane, San Bernardino, CA 92410. The second component will include the rehabilitation of roof and roof canopy at the North Norton Community Center located at 24424 Monterey Ave., San Bernardino, CA 92410. Additional improvements may be included only after written Contract between CITY, AUTHORITY and COUNTY. The actual scope of IMPROVEMENTS may not include all items identified herein, but shall be limited to the amount of CDBG funding identified in Section 4,FUNDING. AUTHORITY shall maintain and operate FACILITIES for the operation of programs and services to seniors and adult persons with severe disabilities from the Community of North Norton and surrounding communities of the Fifth Supervisorial District for the period as identified in Section 8, MAINTENANCE AND OPERATION. Unless as specified otherwise, CDH shall have the authority to represent COUNTY regarding the terms and conditions of this Contract and the administration thereof. 3. TIME OF PERFORMANCE CITY and AUTHORITY shall comply with the terms of this contract for no less than fifteen (15) years beginning upon the date of completion of IMPROVEMENTS. The contract term is for fifteen (15) years as specified in Section 8, MAINTENANCE AND OPERATION. In addition to the fifteen(15)year term,CITY and AUTHORITY are required to uphold the terms of the contract for an additional five (5) years after expiration of this Contract as specified in Section 25, REVERSION OF ASSETS. 4. FUNDING COUNTY shall provide CDBG funds in an amount not to exceed one hundred eighty one thousand five hundred dollars ($181,500) for the purpose of constructing IMPROVEMENTS to FACILITIES. Said COUNTY CDBG amount shall be limited to eighty seven thousand five hundred dollars ($87,500) for CID and its annex, and ninety four thousand dollars ($94,000) for the North Norton Community Center. Any costs to construct IMPROVEMENTS to FACILITIES in excess of the amounts available in this section shall be the sole responsibility of CITY and AUTHORITY. This condition however, does not preclude COUNTY from providing additional funding at its sole discretion. Payment by COUNTY will be made on a cost reimbursement basis to the entity providing construction management services as indicated in Section 5, CONSTRUCTION MANAGEMENT. Request for Reimbursement shall be made to CDH and accompanied by pertinent "audit ready" supportive evidence of each expenditure and proof of payment to justify the reimbursement. 5. CONSTRUCTION MANAGEMENT COUNTY, CITY and AUTHORITY agree CITY shall provide construction management services necessary for the timely and successful completion of IMPROVEMENTS. Construction management services shall be included as part of IMPROVEMENTS. CITY will be responsible for compliance with the Davis-Bacon Act and other related acts associated with the CDBG program. COUNTY shall provide project administrative services for activities related to the completion of IMPROVEMENTS, to include review of bid documents and bid procedures. CITY shall use the attached `Request for Approval' form, Exhibit 1 of 4, to request approval from COUNTY to go out to bid or to award any contract(s) prior to actual bidding or awarding of contract(s) as identified in the attached Attachment 'C' Nap 7oftn Coordination Procedures, Exhibit 2 of 4. In addition, CITY shall insert Attachment `D', CDH Construction Contract Provisions, Exhibit 3 of 4, into all construction bid packages prior to bidding. CITY shall submit to CDH all federal required documentation for compliance with federal labor standards, including Department of Labor's weekly certified payroll form WH347 with original signatures. 6. COMPENSATION AND METHOD OF PAYMENT Disbursement of payments to CITY for construction of IMPROVEMENTS shall be in the form of reimbursements. All reimbursement requests must be documented with "audit ready" supportive evidence of each expenditure and proof of payment, in accordance with HUD regulations. Where reimbursement for force account labor is being requested, CITY must include time cards and a description of work completed for each time card period, and wage earning distribution settlements for all staff time being reimbursed. 7. WITHHOLDING OF FUNDS CDH shall retain the right to withhold funds from CITY upon giving written notice to CITY indicating that CDH has determined that CITY has not met its obligations in a satisfactory or timely manner consistent with federal regulations or policy. CDH shall notify CITY in writing of this determination, specifying objections to CITY's performance. CITY shall then have a maximum of ten (10) days in which to remedy the said deficiencies. Should the deficiencies not be remedied within that time frame, CDH, upon written notice to CITY, shall have full authority to terminate the implementation authority of CITY for said IMPROVEMENTS. Upon such notice, CITY agrees to cease all activity provided hereunder, as specified in said notice. 8. MAINTENANCE AND OPERATION CITY and AUTHORITY shall have sole responsibility for the maintenance and operation of FACILITIES at the sole expense of CITY and AUTHORITY for a period of not less than fifteen (15) years beginning upon the date of completion of IMPROVEMENTS. FACILITIES shall be maintained and operated at all times for the purpose of providing programs and services for seniors and severely disabled adults as identified in Section 2, SCOPE OF PROJECT, and in accordance with federal, state and local laws, regulations and safety standards. AUTHORITY shall be responsible for completing and submitting to COUNTY the Public Facility Certification form. This form will be provided by CDH. 9. ON-SITE INSPECTION COUNTY, its officers, agents, employees, persons under Contract with COUNTY and representatives of HUD, will have the privilege and right to on-site inspection of the FACILITIES for the duration of this Contract. CITY and AUTHORITY will ensure that their employees or agents furnish any information, that in the judgement of COUNTY and HUD representatives, may be relevant to a question of compliance with contractual conditions,HUD directives, or the effectiveness,legality, and achievements of the program. 10. 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 and AUTHORITY shall comply with Executive Orders 11246, as amended by Executive Orders 11375, 11478, 12086, and 12107, (Equal Employment Opportunity), Executive Orders 11625, 12138, 12432, 12250, and Executive Order 13279 (Equal Protection of the Laws for Faith-Based and Community Organizations), Title VII of the Civil Rights Act of 1964, the California Fair Housing and Employment Act, County Policy Pane 3 of 10 15-01, 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 and AUTHORITY 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 and AUTHORITY shall make every effort to employ residents of the area and shall keep a report of CITY and AUTHORITY staff positions that have been created directly as a result of this program. 11. COMPLIANCE WITH LAWS All parties agree to be bound by applicable federal, state and local laws, ordinances, regulations and directives as they pertain to the performance of this Contract. This Contract is subject to and incorporates the terms of the ACT; 24 Code of Federal Regulations, Part 570, Chapter V and; U.S. Office of Management and Budget Circular A-87. 12. CONFLICT OF INTEREST CITY and AUTHORITY shall comply with all applicable federal and state laws, regulations and policies governing conflict of interest, including State conflict of interest regulations found in California Government Code Sections 1090, 1126, 87100 et seq., Federal conflict of interest regulations found in 24 CFR 570.611, 85.36, and 84.42, and any other applicable policies,rules and regulations related to conflict of interest. Any person who is an employee, agent, consultant, officer, elected or appointed official of the CITY and AUTHORITY, who exercises any functions or responsibilities with respect to CDBG-funded activities identified in this Contract and who is in a position to participate in a decision making process or gain inside information with regard to activities identified in this Contract, may not obtain a financial interest or benefit from the CDBG-assisted activities identified in this contract or any related contract, subcontract, or agreement, either for themselves, an immediate family member or business partner, during his/her tenure. CITY and AUTHORITY shall maintain written standards of conduct governing the performance of their employees engaged in the award and administration of contracts. 13. FORMER COUNTY OFFICIALS CITY and AUTHORITY agrees to provide or has already provided information on former COUNTY Administrative Officials (as defined below) who are employed by or represent CITY and AUTHORITY on this project. The information required includes a list of former COUNTY Administrative Officials, who terminated County employment within the last five (5) years and are now officers, principals, partners, associates, or Members of the business. The information also includes the employment with or representation of CITY and AUTHORITY. For purposes of this provision, "COUN'T'Y Administrative Official" is defined as a member of the Board of Supervisors or such Officer's staff, COUNTY Administrative Officer or member of such Officer's staff, COUNTY Department of Group Head, Assistance Department or Group Head, or any employee in the Exempt Group,Management Unit of Safety Management Unit. 14. INDEMNIFICATION AUTHORITY agrees to indemnify, defend and hold harmless COUNTY and its respective authorized officers, employees, agents and volunteers from any and all claims, actions, losses, damages, and/or liability arising out of this Contract from any cause whatsoever, including the acts, errors or omissions and for any costs or expenses incurred by COUNTY on account of any claim therefore, except where such indemnification is prohibited by law. CITY agrees to indemnify, defend and hold harmless the COUNTY, its authorized officers, employees,agents and volunteers from any and all claims, actions, losses, damages, and/or liability arising out of this Contract to the extent such claim, action, loss, damage and/or liability is caused by or results from the negligent or Pao,-d of 10 intentional acts or omissions of the CITY, its officers, employees, agents or volunteers, and for any costs or expenses incurred by the COUNTY on account of any claim, except where such indemnification is prohibited by law. COUNTY agrees to indemnify, defend and hold harmless CITY and its respective authorized officers, employees, agents and volunteers from any and all claims, actions, losses, demands and/or liability arising out of this Contract to the extent such claim, actions, losses, demands and/or liability is caused by or results for the negligent or intentional acts or omissions of the COUNTY, its officers, employees, agents or volunteers, and for any costs or expenses incurred by the CITY on account of any claim, except where such indemnification is prohibited by law. CITY and AUTHORITY shall indemnify, defend and hold harmless COUNTY and its respective authorized officers, employees, agents and volunteers from any liability, claims, losses, demands, and actions incurred by COUNTY as a result of the determination by HUD or its successor that activities under taken by each of CITY and AUTHORITY under the program(s) fail to comply with any laws, regulations or policies applicable thereto or that any funds billed by and disbursed to CITY and AUTHORITY under this Contract were improperly expended. 15. INSURANCE REQUIREMENTS Without, in any way affecting the indemnity herein provided and in addition thereto, CITY and AUTHORITY shall secure and maintain throughout the Contract the following types of insurance with limits as shown: Workers' Compensation - A program of Workers' Compensation insurance or a State-approved Self Insurance Program in an amount and form to meet all applicable requirements of the Labor Code of the State of California, including Employers' Liability with $250,000 limits, covering all persons providing services on behalf of CITY AND AUTHORITY and all risks to such persons under this Contract. If CITY or AUTHORITY have no employees, each may certify or warrant to County that they do not currently have any employees or individuals who are defined as "employees" under the Labor Code and the requirement for Workers' Compensation coverage will be waived by the County's Risk Manager. With respect to contractors that are non-profit corporations organized under California or Federal law, volunteers for such entities are required to be covered by Workers' Compensation Insurance. If the County's Risk Manager determines that there is no reasonably priced coverage for volunteers, evidence of participation in a volunteer insurance program may be substituted. Comprehensive General and Automobile Liabilityy Insurance -This coverage is 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) or Comprehensive General Automobile Liability Insurance, and Transportation Liability-This coverage is to include contractual coverage, automobile liability coverage and transportation liability coverage while providing transportation services in owned, hired, and non-owned vehicles. The policy shall have combined single limits for bodily injury and property damage of not less than two million dollars($2,000,000). 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 Insured - All policies, except for Workers' Compensation, Errors and Omissions and Professional Liability policies, shall contain additional endorsements naming COUNTY and CITY and their officers, employees, agents, and volunteers as additional 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 AND AUTHORITY 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 — AUTHORITY shall immediately furnish certificates of insurance to CDH 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 CDH, and CITY and AUTHORITY shall maintain such insurance from the time CITY and AUTHORITY commences performance of services hereunder until the completion of such services. Within sixty (60) days of the commencement of this Contract, AUTHORITY shall furnish certified copies of the policies and all endorsements. CITY may satisfy any insurance requirements by providing proof of self- insurance. AUTHORITY shall complete and submit Contract Exhibit 4 of 4, INSURANCE INVENTORY, along with the above-required insurance documents. 16. 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. 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 AND AUTHORITY agree to execute any such amendment within thirty(30)days of receipt. 17. ADDITIONAL INSURANCE REQUIREMENTS CITY and AUTHORITY shall, at their expense, obtain and deliver to COUNTY for their approval, certification(s) or policy(s) of standard fire insurance with extended coverage and vandalism and malicious mischief endorsements for the full replacement value of FACILITIES. CITY may satisfy any insurance requirements by providing proof of self-insurance. In the event of any damage or destruction to FACILITIES covered by the insurance, CITY and AUTHORITY shall use the entire insurance proceeds to restore FACILITIES. The insurance required under this section shall be maintained by CITY and AUTHORITY at their expense for the term of this Contract. paoPfiofin NMi11P{IiNi1111YI1111 _ � Said insurance shall contain endorsements providing that the insurance company issuing the insurance will not cancel or reduce the insurance coverage without thirty (30) days prior written notice to COUNTY. CITY and AUTHORITY shall inform COUNTY in writing of any change, expiration or renewal of said insurance within thirty(30)days of the effective date of change. 18. RELIGIOUS PROSELYTIZING OR POLITICAL ACTIVITIES AUTHORITY agrees that it will not engage in inherently religious activities, such as worship, religious instruction or proselytization, as part of the activities funded under this Contract. Further, AUTHORITY agrees that it will not perform or permit political activities in connection with the performance of this Contract. Funds made available under this Contract will be used exclusively for performance of the work required under this Contract and no funds made available under this Contract shall be used to promote any religious or political activities. If AUTHORITY conducts such activities, the activities must be offered separately, in time or location, from the programs or services funded under this Contract, and participation must be voluntary for the beneficiaries of the CDBG-funded program services. FACILITIES, however, may be used on an incidental basis to hold political meetings, candidate forums, or voter registration campaigns, provided that all parties and organizations have access to the facility on an equal basis, and are assessed equal rent or use charges, if any. 19. DISCRIMINATION No person shall, on the grounds of race, sex, creed, color, religion, or national origin, be excluded from participating in, be refused the benefits of, or otherwise be subjected to discrimination in any activities, programs,or employment by CITY AND AUTHORITY. 20. ASSIGNMENT AND SUBLETTING `..� CITY AND AUTHORITY shall not assign, subordinate, or use for financing, this Contract or any interest therein, unless COUNTY has previously given its written consent. Provided, however, that any approved assignment shall be subject to all the terms,covenants, and conditions of the Contract. If CITY or AUTHORITY attempt to effect any unauthorized assignment, or transfer occurs by operation of law, or this Contract or any interest therein is subjected to garnishment or sale under any execution of any suit or proceeding brought against or by CITY or AUTHORITY, or if CITY or AUTHORITY are adjudged bankrupt or insolvent by any court or upon CITY or AUTHORITY making an assignment for the benefit of creditors, COUNTY may, at its option, forthwith terminate this Contract upon written notice thereof to CITY AND AUTHORITY,and thereupon,no one but COUNTY shall have any further rights hereunder. 21. HYPOTHECATION OF REAL PROPERTY During the term of this Contract,neither CITY nor AUTHORITY,nor its successors, shall cause to be placed or permit to be placed any encumbrance or lien on the real property covered under this Contract, or shall sell, transfer, mortgage or hypothecate FACILITIES without the written authorization of COUNTY. Notwithstanding Section 22, VIOLATION OF CONTRACT, and any other provisions herein, CITY or AUTHORITY shall reimburse COUNTY for the fair market value of FACILITIES less any portion thereof attributable to expenditures of non-CDBG funds for FACILITIES, should CITY or AUTHORITY sell, hypothecate, mortgage or encumber FACILITIES without the written authorization of COUNTY during the term of this Contract. 22. VIOLATION OF CONTRACT In the event that CITY or AUTHORITY violates any of the terms and conditions of this Contract, COUNTY shall give written notice of violation and demand for correction. If, within thirty (30) days from receipt of written notice, CITY or AUTHORITY has not corrected the violation or shown acceptable cause, COUNTY 1)— „fin has the right to terminate this Contract. It is agreed that in the event of a termination due to a violation of this Contract by CITY or AUTHORITY, the violating party(s) shall pay to COUNTY within ten (10) days of receipt of Notice of Termination, the sum of one hundred eighty one thousand five hundred dollars ($181,500). Said sum is agreed to represent a reasonable endeavor by both parties hereto, to be a fair compensation for the foreseeable losses that might result from such a breach or default. Penalties and damages covered under separate Contracts with COUNTY shall be in addition to that contained herein. Such termination shall not excuse CITY AND AUTHORITY from reimbursement provisions in Section 21, HYPOTHECATION OF REAL PROPERTY. 23. PROGRAM REPORTING AND RETENTION OF RECORDS CITY AND AUTHORITY agree to prepare and submit financial, program progress, and other reports as required by HUD or COUNTY directives. CITY AND AUTHORITY shall maintain such program, property, personnel, financial, statistical and other records, supporting documents, and accounts as are considered necessary by HUD or COUNTY to assure proper accounting for all Contract funds. Said records, documents and accounts are to be retained by CITY AND AUTHORITY for a minimum of five (5) years. The retention period starts from the date the COUNTY submits its annual performance and evaluation report, as prescribed in 24 CFR 91.520, in which the service under the terms of this contract is reported on for the final time. Said COUNTY submission will follow CITY AND AUTHORITY's final submission to COUNTY of reports identified under this paragraph. Records and accounts subject to litigation or audit must be maintained for five (5) years or until the issue is resolved, whichever is longer. Records that pertain to real estate transactions must be maintained for five (5) years or the number of years there is an outstanding obligation, whichever is longer. The starting date for retention of records on CDBG-purchased equipment begins at the end of the equipment's use, when it is disposed of or transferred. The retention period for records relating to program income begins on the last date of COUNTY fiscal year in which the income is earned. All CITY AND AUTHORITY records, with the exception of confidential client information, shall be made available to representatives of COUNTY and the appropriate federal agencies. AUTHORITY is required to submit data necessary to complete the Annual Grantee Performance Report in accordance with HUD regulations in the format and at the time designated by the CDH Director or his designee. 24. TERMINATION BY COUNTY Notwithstanding Section 22, VIOLATION OF CONTRACT, COUNTY may immediately terminate this Contract upon the termination, suspension, discontinuation or substantial reduction in CDBG funding of the Contract activity or the reprogramming of said funds as deemed necessary by COUNTY, or for the convenience of COUNTY. 25. REVERSION OF ASSETS All real property acquired or improved in whole or in part with CDBG funds in excess of$25,000 under this Contract 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 Contract as set forth in 24 CFR 570.503, 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. 26. AMENDMENTS: VARIATIONS This writing with attachments, embodies the whole of this Contract of the parties hereto. There are no oral Contracts contained herein. Except as herein provided, addition or variation of the terms of this Contract shall not be valid unless made in the form of a written amendment to this Contract formally approved and executed by the parties. 27. INVALID CONDITIONS If any one or more of the terms, provisions, sections, promises, covenants or conditions of this Contract shall to any extent be judged invalid, unenforceable, void or voidable for any reason whatsoever, by a court of Page 9 of 10 competent jurisdiction, each and all of the remaining terms, provisions, sections, promises, covenants and conditions of the Contract shall not be affected thereby, and shall be valid and enforceable to the fullest extent permitted by law. 28. BINDING INTEREST This Contract shall be binding on the parties, successors in interest, heirs and assigns. 29. NOTICES All notices shall be served in writing. The notices shall be sent to the following addresses: COUNTY AUTHORITY CITY County of San Bernardino Authority for the Handicapped City of San Bernardino Department of Community 8088 Palm Lane Department of Development and Housing San Bernardino, CA 924 10 Facilities Management 290 N. "D" St., Sixth Floor 300 North `D' Street San Bernardino, CA 92415-0040 San Bernardino, CA 92410 30. EASEMENTS, TRUSTS AND WARRANTIES A. It is expressly understood and agreed that this Contract and all rights and privileges hereunder granted are subject to all easements and rights-of-way now existing in, to, under or over the said premises for any purpose whatsoever. B. In the event that this Contract or any provision thereof shall be declared null and void by a court of competent jurisdiction, COUNTY or any of their respective officers, agents or employees, or members of COUNTY Board of Supervisors shall not be liable to CITY or AUTHORITY or to any person holding under or through him for any losses or damages of any nature whatsoever suffered or claimed to be suffered by CITY or AUTHORITY or such person by reason of such determination. (continued on next page) /// C. CITY AND AUTHORITY assume all risks incident to the use and management of said premises in its present condition or in any condition thereof,which may prevail during the term of this Contract. D. Any major changes required by a competent government jurisdiction to the Contract, which are beyond the control of CITY or AUTHORITY, will make the Contract terms subject to re-negotiation. E. It is expressly understood and agreed that COUNTY does not, in any way or for any purpose,become a partner of CITY AND AUTHORITY, or a joint venturer with CITY AND AUTHORITY. IN WITNESS WHEREOF, the parties have caused this Contract to be executed as of the day and year first written above. COUNTY OF SAN BERNARDINO CITY OF SAN BERNARDINO By: By: BILL POSTMUS,Chairman PATRICK J. MORRIS, Mayor Board of Supervisors Date: Date: SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD APPROVED AS TO LEGAL FORM DENA M. SMITH Clerk of the Board of Supervisors By: of the County of San Bernardino TiAttomey i �r By: Date: i Date: APPROVED AS TO LEGAL FORM AUTHORITY FOR THE HANDICAPPED DENNIS WAGNER By: Interim County Counsel DANNY TILLMAN, Chairman Board of Directors By: Date: MICHELLE D. BLAKEMORE Deputy County Counsel for CDH Date: Comdev/Temp/Cathy/06 Agree!06 Authority for the Handicapped(2)Projects 03/07/06/CM/cb Exhibit 1 of 4 Date: Community Development Division Department of Community Development and Housing 290 North"D" Street, Sixth Floor San Bernardino,CA 92415-0040 REQUEST FOR APPROVAL Project Activity Name: Case Number: Activity Location: The hereby request approval to: ISSUE: ( ) A REQUEST FOR PROPOSAL FOR CONSULTANT SERVICES ( ) AN INVITATION TO BID FOR CONSTRUCTION SERVICES ( ) A CONTRACT CHANGE ORDER AWARD: ( ) A CONSULTANT SERVICES CONTRACT ( ) A CONSTRUCTION SERVICES CONTRACT ( ) SOLE SOURCE PROCUREMENT ( ) PURCHASE ORDER Name of Contractor: Address: Contact Person: Amount of Contract/Change Order: Subcontractors: ( ) List Attached ( ) No Contractors The following materials and documentation are submitted for review and approval: Signature of Department Official Date Page I of 1 Exhibit 2 of 4 Attachment C COUNTY OF SAN BERNARDINO DEPARTMENT OF COMMUNITY DEVELOPMENT AND HOUSING 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 Community Development and Housing, hereinafter referred to as "CDH," and the City of San Bernardino, hereinafter referred to as "CITY". 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 CITY is not authorized to expend funds or to initiate CDBG projects until authorized to do so in writing by CDH. Contract procurement shall be governed by all Federal regulations and statutes, as amended, listed in Section IV of the Attachment. CDH payments of CITY Requests for Reimbursement will be subject to CITY submittal of a complete reimbursement report package as listed in Section III,C-21. III. Actions and Responsibilities A. 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. CITY: Prepares an RFP for architectural and engineering or other consultant services. b. CITY: Submits,prior to release all RFP's to CDH for review for contract compliance and consistency with Federal Title 24 CFR, Part 85 Section 85.36, (Procurement Standards). C. CITY: Reviews RFP's for compliance with State, Federal, Local and CDH regulations.Requests CDH for"Approval to Proceed to Issue RFP". d. CDH: Issues to CITY an "Approval to Proceed to Issue an RFP". e. CITY: Advertises RFP, receives responses, interviews, requests CDH representation on selection committee and makes selection. f. CITY: Notifies CDH of selection. Sends back-up documentation and draft contract to CDH. Requests CDH for "Approval to Proceed to Award a Consultant Services Contract". g. CDH: Reviews final contract for contract compliance and issues an "Approval to Proceed to Award a Consultant Services Contract". h. CITY: Awards Consultant Services Contract. Page 1 of 5 B. Design Phase 1. CITY: Monitors preparation of preliminary plans by architect. fall public meetings with architect five working days before event. CITY: Notifies CDH o y 2. g P g 3. CDH/ CITY: Reviews and approves preliminary design. 4. CITY: Secures all required permits and regulatory approvals. 5. CITY: Reviews and approves plans and specifications, and obtains current Federal Wage Decision to include in the bid package. CDH keeps current copies that are available by request. 6. CITY: Forwards construction bid package to CDH 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 Provisions", for the forms used in preparing bid packages. 7. CDH: Reviews and approves construction bid package for compliance with Federal and local regulations and forwards authorization to proceed with changes (if any) to CITY. 8. CITY: Secures plans, check of plans and specifications from the appropriate Building and Safety Authority. C. Construction Phase 1. CITY: 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. CITY: Ten days prior to bid opening, CITY makes telephone contact with CDH and requests updated Federal Wage Decision. CDH will send to CITY the latest Wage Decision. If they are in any way different from those issued in the original bid package, CITY will immediately forward latest wage decision to all bidding contractors who, in turn, submit revised bids prior to the bid opening. 3. CITY: Conducts bid opening and sends to CDH a copy of the contract bid specifications including copies of the wage decisions in effect at bid opening. 4. CITY: Reviews bid documents submitted by the low-bidder to assure compliance with County Policy 15-01, 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 CITY has its own plan that meets the aforementioned requirements,it may use this plan for bid document reviews. 5. CITY: Submits the selected responsive low-bidder information and list of subcontractors to CDH with justification for selection and requests CDH 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 or change in project description should be sent at this time. Requests over 25% of project allocation,require approval by CITY governing body in a public hearing. Page 2 of 5 6. CDH: Reviews Contractor/Subcontractor's eligibility to receive Federal contracts. 7. CDH: Issues "Approval to Proceed" to CITY. 8. CITY: Approves the Affirmative Action Plan for contractors who: 1) employ ten (10) or more employees, or 2)bid work for more than$10,000. 9. CITY: 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. 10. CITY: Awards Contract. 11. CITY: Notifies CDH of pre-construction conference. 12. CITY: Conducts pre-construction conference (CDH attendance mandatory). CDH forwards Contract Compliance Instructions to prime contractor. 13. CITY: Provides CDH with a copy of signed contract prior to start of construction. CITY ensures completion of bonds and obtains contractor/subcontractor certifications concerning labor standards and prevailing wage requirements; Equal Employment Opportunity, and restrictions on public buildings and public works projects before signing contract. 14. CITY: 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. 15. CDH/ CITY: Ongoing observation and monitoring of projects. 16. CITY: Conducts on-site interviews with employees regarding their wages. Sends copy of interviews to CDH. 17. CITY: Receives from Contractor requests for progress payments accompanied by weekly certified payroll form WH-347, and any other documentation of expenditures and work accomplished. Form WH-347 has been included in CDH bid package insert "Attachment D", `CDH Contract Provisions'. 18. CDH: Obtain from Contractor and forward to CDH completed copies of Weekly Certified Payrolls WITH ORIGINAL SIGNATURES during the term of construction. 19. CDH: Checks wages reported on Certified Payroll forms against employee interview forms for consistency between wage rates reported by contractor and wages received by employees. 20. CDH: Checks contractor's compliance with the approved Affirmative Action Plan. 21. CITY: Submits to CDH once each month during the term of the construction contract, a report package containing: Request for Reimbursement and accompanying documentation. Payments on said requests are subject to complete compliance with Federal Labor Standards. Page 3 of 5 22. CITY: Notifies CDH of all meetings regarding CDH projects, such as Design Conferences, Public Meetings,meetings with Community Development Advisory Commission, and CITY at least five(5)working days before event occurs. 23. CITY: Processes change orders and sends copy(s) of change order(s) along with "Request for Approval of a Contract Change Order" to CDH. Notifies CDH of proposed changes in the list of subcontractor(s) and submits "Request For Approval to Proceed" to add or delete subcontractor(s) from the approved list. 24. CITY: Must obtain approval from CDH regarding all change orders prior to authorizing the contractor to proceed with said changes. 25. CITY: Requests revisions to Maintenance and Operation Contract as needed. 26. CDH: Revises Maintenance and Operation Contract and issues "Approval to Proceed to Issue Change Order(s)" to CITY. 27. CITY: Notifies CDH of final inspections at least five (5) working days before inspection date. 28. CITY: Attends final inspections (CDH attendance optional). 29. CITY: Secures its governing body's acceptance of completed project and filing of Notice of Completion. 30. CDH: 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 CITY. 31. CITY: Takes necessary actions to comply with said notices. 32. CITY: Prepares and submits "Notice of Completion" to CDH. 33. CDH: Conducts "Annual Certification of Use of Facilities". W. CITY 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 Page 4 of 5 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 I 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 24CFR, 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)) Pa,,e 5 of 5 Exhibit 3 of 4 .r ATTACHMENT "D" CDH CONSTRUCTION CONTRACT PROVISIONS (AS INSERT) i i i EXHIBIT 4(a) of 4 COUNTY OF SAN BERNARDINO DEPARTMENT OF COMMUNITY DEVELOPMENT AND HOUSING Project/Activi1y Title: Case Number: *218-31103/2867 North Norton: *Reconstruction of Roof, Canopy and HVAC at CID Facility and Annex **218-32103/2868 **Reconstruction of Roof and Canopy at the North Norton Community Center Name/Address of Contractor Agency: Date of Issue: Authority for the Handicapped 8088 Palm Lane X Original: Beginning San Bernardino, CA 92410 Amendment rt INSURANCE INVENTORY WORKERS' COMPENSATION/EMPLOYERS' LIABILITY INSURANCE Name of Insurance Company: Effective Dates: Employer's Liability Limit$ Certificate of Insurance Attached Yes No: On File w/CDH COMPREHENSIVE GENERAL AND 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/CDH Annual Aggregate $ Certificate of Insurance Attached Yes No: On File w/CDH Name of Contractor's Automobile Liability Insurance Company: Limits of Liability Effective Dates: 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/CDH Annual Aggregate $ Certificate of Insurance Attached _Yes No: On File w/CDH 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/CDH Annual Aggregate $ Certificate of Insurance Attached _Yes No: On File w/CDH Page 1 of 2 EXHIBIT 4(b) of 4 COUNTY OF SAN BERNARDINO DEPARTMENT OF COMMUNITY DEVELOPMENT AND HOUSING Project/Activi, Title: Case Number: *218-31103/2867 North Norton: *Reconstruction of Roof, Canopy and HVAC at CID Facility and Annex **218-32103/2868 **Reconstruction of Roof and Canopy at the North Norton Community Center Name/Address of Contractor Agency: Date of Issue: City of San Bernardino Department of Facilities Management 300 N. "D"Street X Original: Beginning San Bernardino, CA 92410 Amendment# INSURANNCE INVENTORY WORKERS' COMPENSATION/EMPLOYERS' LIABILITY INSURANCE Name of Insurance Company: Effective Dates: Employer's Liability Limit$ Certificate of Insurance Attached Yes No: On File w/CDH COMPREHENSIVE GENERAL AND 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 xv/CDH Annual Aggregate $ Certificate of Insurance Attached __Yes No: On File w/CDH Name of Contractor's Automobile Liability Insurance Company: Limits of Liability Effective Dates: 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/CDH Annual Aggregate $ Certificate of Insurance Attached _Yes No: On File w/CDH 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/CDH Annual Aggregate $ Certificate of Insurance Attached Yes No: On File w./CDH Page 2 of 2 ATTACHMENT "D" CDH CONSTRUCTION CONTRACT PROVISIONS ATTACHMENT "D" TABLE OF CONTENTS Preface Notice Inviting Bids/Instructions to Bidders Required Documents Checklist Construction Contract Provisions............................................................pages 1-2 Federal Labor Standards Provisions.................................................. .......pages 3-6 Insert Davis-Bacon Wage Determination....................................................page 7 Affirmative Action Compliance Guidelines Construction/Non-Construction.. .......pages 8-16 Section «3".......................................................................................page 17 "ertification of Compliance with Air & Water Acts.......................................page 18 Documents Required Prior to Pre-Construction............................................page 19 Instructions for Completing Contract Compliance Qualifying Report..................pages 20-23 BLANKPAGE.................................................................................page 24 Affirmative Action Policy for Contractors, Subcontractors and Vendors...............pages 25-28 Minority and Women Owned Business Enterprise Participation........................pages 29-30 Certification of Bidder.........................................................................page 31 Certification of Subcontractor Regarding Equal Employment Opportunity............page 32 Contractor's Certification of Compliance with Davis-Bacon & Related Acts.........page 33 Contractor's Certification Concerning Labor Standards & Prevailing Wage..........pages 34-37 Example Documents...........................................................................pages 38-51 The following statement is recommended in "Notice Inviting Bids" Section of Bid Package NOTICE INVITING BIDS COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS: Bidders are advised that this project is funded with Community Development Block Grant Funds. The requirements of the Davis-Bacon Act will apply to this project and those requirements will be enforced. The prime contractor and all subcontractors are required to pay their laborers and mechanics employed under this Contract, a wage not less than minimum wage classification, as specified in both the Federal and State Wage Decision when the Contract amount for the Prime Contract exceeds $2,000. The higher of the two applicable wage classifications, either State Prevailing Wage or Davis-Bacon Federal Prevailing Wage, will be enforced for all work under this Contract. The prime contractor is responsible for ensuring subcontractor compliance with Davis-Bacon and related Act Requirements. The Federal Labor Standards Provisions (HUD 4010) apply to this project. A copy of the Davis-Bacon Federal Prevailing Wage, the date of which reflects the latest applicable modification at the time of this advertisement, is included in the Contract Documents & Specifications. Bidders shall be notified, via Addendum, of modifications, if any, which supercede that included herein, up until a minimum of ten (10) days prior to the actual Bid Opening. The following statement is recommended in "Instruction To Bidders" Section of Bid Package INSTRUCTIONS TO BIDDERS COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS: Bidders are advised that this project is funded with Community Development Block Grant Funds. The requirements of the Davis-Bacon Act will apply to this project and those requirements will be enforced. The prime contractor and all subcontractors are required to pay their laborers and mechanics employed under this Contract, a wage not less than minimum wage classification, as specified in both the Federal and State Wage Decision when the Contract amount for the Prime Contract exceeds $2,000. The higher of the two applicable wage classifications, either State Prevailing Wage or Davis-Bacon Prevailing Wage, will be enforced for all work under this Contract. The Prime Contractor is responsible for ensuring Subcontractor compliance with Davis-Bacon and Related Act Requirements. The Federal Labor Standards Provisions (HUD 4010) apply to this project. A copy of the Davis-Bacon Federal Prevailing Wage, the date of which reflects the latest applicable modification, is included in the Contract Documents & Specifications. Bidders shall be notified, via Addendum, of modifications, if any, which supercede that included herein, up until a minimum of ten (10) days prior to the actual Bid Opening. CDBG — PAYMENT: The following requirement of the Department of Community Development and Housing (CDH), as administrators of the Community Development Block Grant (CDBG) funds, shall be strictly enforced. "A weekly certified payroll is required during the term of construction. Payment of invoice may be delayed when certified payrolls are not submitted weekly. The CITY/COUNTY shall make progress payments on any properly completed payment request submitted by the Contractor. The payment request shall not be deemed properly completed unless certified payroll form WH 347 has been properly completed and submitted on a weekly basis for each week worked during the time period covered by said payment request." REQUIRED DOCUMENTS CHECKLIST The below listed documentation is required by CDH prior to the pre-construction meeting. [ ] 1. Executed Contract/Purchase Order containing (HUD form 4010) signed by implementing entity and contractor [ ] 2. Bid Package signed by contractor or letter stating that the project specifications document is part of the contract [ ] 3. Signed Partnership Agreement (if applicable) [ ] 4. Applicable Bonds (performance, payment, material bonds) [ ] 5. Current Federal Wage Determination (provided by CDH) [ ] 6. Contract Compliance Qualifying Report [ ] 7. Affirmative Action Policy for Contractors, Subcontractors and Vendors [ ] 8. Completed Attachment "E" Minority and Women Owned Business Enterprise Participation [ ] 9. Bidder/Subcontractor's Certification regarding Equal Employment [ j 10. Signed Contractor's Certification of Compliance with Davis-Bacon and Related Act Requirements [ ] 11. Contractor's Certification concerning Labor Standards and Prevailing Wage Requirements [ ] 12. Subcontractor's Certification concerning Labor Standards and Prevailing Wage Requirements DEPARTMENT OF COMMUNITY DEVELOPMENT AND HOUSING CONSTRUCTION CONTRACT PROVISIONS fhe following certifications, standards, and Instructions are provided 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's Certification concerning Labor Standards and Prevailing Wage Requirements This certification is to be completed by the prime contractor and submitted with the bid when the contract amount exceeds $2,000. b. Subcontractor's Certification concerning Labor Standards and Prevailing Wage Requirements This certification is to be completed by the subcontractor and submitted with the bid when the contract amount for the prime contractor exceeds $2,000. c. Federal Labor Standard Provisions The prime contractor and all subcontractors are required to abide by the Federal Labor Standards when the contract amount for the prime contractor exceeds $2,000. The prime contractor is responsible for including these provisions in all subcontracts. d. Prevailing Wage Decisions The prime contractor and all subcontractors are required to pay their laborers and mechanics employed under this contract a wage not less than the highest wage for the work classification specified in both the Federal and State Wage Decisions when the contract amount for the prime contractor exceeds $2,000. e. Contractor's Certification of Compliance with Davis-Bacon and Related Acts Requirement This certification must be submitted, upon request, by the CITY and/or COUNTY 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/or COUNTY prior to contract award. b. Certification by Proposed Subcontractor Regarding Equal Employment Opportunity This certification is to be completed by the prime contractor's subcontractor(s) and submitted upon request by the CITY and/or COUNTY 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 filing must complete and submit the Affirmative Action Plan as required by the CITY and the COUNTY prior to contract award. These provisions generally apply to contracts and subcontracts in excess of$10,000. d. "Section 3" To the greatest extent feasible, the contractor and subcontractor(s) must comply with this provision as it relates to the training and employment opportunities of lower income persons residing within the County of San Bernardino. Page 1 of 2 DEPARTMENT OF COMMUNITY DEVELOPMENT AND HOUSING CONSTRUCTION CONTRACT PROVISIONS (Continued) III. BONDING AND INSURANCE REQUIREMENTS This section contains the minimum bonding requirements for construction service contracts. CITY forms may be provided or examples of bonding documents, which are included in this package, on pages 45, 47 and 49. 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 contract price and must be submitted with the Bid. b. Form of Performance Bond This is an example of the Performance Bond required from the prime contractor. The Performance Bond must be at least one hundred percent (100%) of the contract price and must be submitted upon execution of the contract. c. Form of Labor and Materials Bond This is an example of the Payment Bond (Labor & Materials) required from the prime contractor. The Labor & Materials Bond must be at least one hundred percent (100%) of the contract price and must be submitted upon execution of the contract. d. Certificate of Owner's 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. I Page 2 of 2 Federal Labor Standards Provisions U.S. Department of Housing and Urban Development Office of Labor Relations Applicability The Project or Program to which the construction work covered by appropriate), a report of the action taken shall be sent by HUD or this contract pertains is being assisted by the United States of its designee to the Administrator of the Wage and Hour Division, America and the following Federal Labor Standards Provisions are Employment Standards Administration, U.S. Department of Labor, included in this Contract pursuant to the provisions applicable to Washington, D.C. 20210. The Administrator, or an authorized such Federal assistance. representative, will approve, modify, or disapprove every additional A. 1. (i) Minimum Wages. All laborers and mechanics employed or classification action within 30 days of receipt and so advise HUD working upon the site of the work will be paid unconditionally and or its designee or will notify HUD or its designee within the 30-day not less often than once a week, and without subsequent deduction period that additional time is necessary. (Approved by the Office of or rebate on any account (except such payroll deductions as are Management and Budget under OMB control number 12150140.) permitted by regulations issued by the Secretary of Labor under the (c) In the event the contractor, the laborers or mechanics to be Copeland Act (29 CFR Part 3), the full amount of wages and bona employed in the classification or their representatives, and HUD or fide fringe benefits (or cash equivalents thereof) due at time of its designee do not agree on the proposed classification and wage payment computed at rates not less than those contained in the rate (including the amount designated for fringe benefits, where wage determination of the Secretary of Labor which is attached appropriate), HUD or its designee shall refer the questions, hereto and made a part hereof, regardless of any contractual including the views of all interested parties and the recommenda- relationship which may be alleged to exist between the contractor tion of HUD or its designee, to the Administrator for determination. and such laborers and mechanics. Contributions made or costs The Administrator, or an authorized representative, will issue a reasonably anticipated for bona fide fringe benefits under Section determination within 30 days of receipt and so advise HUD or its I(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics designee or will notify HUD or its designee within the 30-day period are considered wages paid to such laborers or mechanics, subject that additional time is necessary. (Approved by the Office of to the provisions of 29 CFR 5.5(a)(1)(iv); also, regular contributions Management and Budget under OMB Control Number 12150140.) made or costs incurred for more than a weekly period (but not less (d) The wage rate (including fringe benefits where appropriate) often than quarterly) under plans, funds, or programs, which cover determined pursuant to subparagraphs(1)(ii)(b)or(c)of this para- the particular weekly period, are deemed to be constructively made graph, shall be paid to all workers performing work in the classifi- or incurred during such weekly period. cation under this contract from the first day on which work is per- -h laborers and mechanics shall be paid the appropriate wage formed in the classification. and fringe benefits on the wage determination for the classi- (iii) Whenever the minimum wage rate prescribed in the contract fication of work actually performed, without regard to skill, except for a class of laborers or mechanics includes a fringe benefit which as provided in 29 CFR 5.5(a)(4). Laborers or mechanics performing is not expressed as an hourly rate, the contractor shall either pay work in more than one classification may be compensated at the the benefit as stated in the wage determination or shall pay an- rate specified for each classification for the time actually worked other bona fide fringe benefit or an hourly cash equivalent thereof. therein: Provided, That the employer's payroll records accurately (iv) If the contractor does not make payments to a trustee or other set forth the time spent in each classification in which work is third person, the contractor may consider as part of the wages of performed. The wage determination (including any additional any laborer or mechanic the amount of any costs reasonably classification and wage rates conformed under 29 CFR 5.5(a)(1)(ii) anticipated in providing bona fide fringe benefits under a plan or and the Davis-Bacon poster(WH-1321) shall be posted at all times program, Provided,That the Secretary of Labor has found, upon the by the contractor and its subcontractors at the site of the work in a written request of the contractor,that the applicable standards of the prominent and accessible, place where it can be easily seen by the Davis-Bacon Act have been met. The Secretary of Labor may workers. require the contractor to set aside in a separate account assets for (ii)(a)Any class of laborers or mechanics which is not listed in the the meeting of obligations under the plan or program. (Approved wage determination and which is to be employed under the by the Office of Management and Budget under OMB Control contract shall be classified in conformance with the wage deter- Number 1215-0140.) mination. HUD shall approve an additional classification and wage 2. Withholding. HUD or its designee shall upon its own action or rate and fringe benefits therefor only when the following criteria upon written request of an authorized representative of the be- have been met: partment of Labor withhold or cause to be withheld from the con- (1) The work to be performed by the classification requested is not tractor under this contract or any other Federal contract with the performed by a classification in the wage determination; and same prime contractor, or any other Federally-assisted contract (2) The classification is utilized in the area by the construction subject to Davis-Bacon prevailing wage requirements, which is industry; and held by the same prime contractor so much of the accrued pay- (3) The proposed wage rate, including any bona fide fringe ben- ments or advances as may be considered necessary to pay la- efits, bears a reasonable relationship to the wage rates contained borers and mechanics, including apprentices, trainees and help- in the wage determination. ers, employed by the contractor or any subcontractor the full (b) If the contractor and the laborers and mechanics to be em- amount of wages required by the contract. In the event of failure to ployed in the classification (if known), or their representatives, and pay any laborer or mechanic, including any apprentice, trainee or -1 or its designee agree on the classification and wage rate helper, employed or working on the site of the work, all or part �. ,,uding the amount designated for fringe benefits where Page 1 of 4 form HUD-4010(07/2003) Previous edition is obsolete 9 ,. of the wages required by the contract, HUD or its designee may, period has been paid the full weekly wages earned,without rebate, a" r written notice to the contractor, sponsor, applicant, or owner, either directly or indirectly, and that no deductions have been made such action as may be necessary to cause the suspension of either directly or indirectly from the full wages earned, other than any further payment, advance, or guarantee of funds until such permissible deductions as set forth in 29 CFR Part 3; violations have ceased. HUD or its designee may, after written (3) That each laborer or mechanic has been paid not less than notice to the contractor, disburse such amounts withheld for and the applicable wage rates and fringe benefits or cash equivalents on account of the contractor or subcontractor to the respective for the classification of work performed, as specified in the appli- employees to whom they are due. The Comptroller General shall cable wage determination incorporated into the contract. make such disbursements in the case of direct Davis-Bacon Act (c) The weekly submission of a properly executed certification set contracts. forth on the reverse side of Optional Form WH-347 shall satisfy the 3. (i) Payrolls and basic records. Payrolls and basic records requirement for submission of the "Statement of Compliance" relating thereto shall be maintained by the contractor during the required by subparagraph A.3.(ii)(b). course of the work preserved for a period of three years thereafter (d) The falsification of any of the above certifications may subject for all laborers and mechanics working at the site of the work. the contractor or subcontractor to civil or criminal prosecution Such records shall contain the name, address, and social security under Section 1001 of Title 18 and Section 231 of Title 31 of the number of each such worker, his or her correct classification, United States Code. hourly rates of wages paid (including rates of contributions or costs (iii) The contractor or subcontractor shall make the records re- anticipated for bona fide fringe benefits or cash equivalents thereof uired under subparagraph A.3. i available for inspection, co py of the types described in Section I(b)(2)(B) of the Davis-bacon q () p Act), daily and weekly number of hours worked, deductions made ing, or transcription by authorized representatives of HUD or its designee or the Department of Labor, and shall permit such rep- and actual wages paid. Whenever the Secretary of Labor has resentatives to interview employees during working hours on the found under 29 CFR 5.5 (a)(1)(iv)that the wages of any laborer or lob. If the contractor or subcontractor fails to submit the required mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section records or to make them available, HUD or its designee may, after I(b)(2)(B) of the Davis-Bacon Act, the contractor shall maintain written notice to the contractor, sponsor, applicant or owner, take records which show that the commitment to provide such benefits such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, is enforceable, that the plan or program is financially responsible, failure to submit the required records upon request or to make and that the plan or program has been communicated in writing to such records available may be grounds for debarment action pur- the laborers or mechanics affected, and records which show the suant to 29 CFR 5.12. costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under 4.Apprentices and Trainees. Dved programs shall maintain written evidence of the (i)Apprentices. Apprentices will be permitted to work at less than r�pstration of apprenticeship programs and certification of trainee the predetermined rate for the work they performed when they are programs,the registration of the apprentices and trainees, and the employed pursuant to and individually registered in a bona fide ratios and wage rates prescribed in the applicable programs. apprenticeship program registered with the U.S. Department of (Approved by the Office of Management and Budget under OMB Labor, Employment and Training Administration, Office of Control Numbers 1215-0140 and 1215-0017.) Apprenticeship Training, Employer and Labor Services, or with a (ii) (a) The contractor shall submit weekly for each week in which State Apprenticeship Agency recognized by the Office, or if a any contract work is performed a copy of all payrolls to HUD or its person is employed in his or her first 90 days of probationary designee if the agency is a party to the contract, but if the agency is employment as an apprentice in such an apprenticeship program, not such a party, the contractor will submit the payrolls to the who is not individually registered in the program, but who has been applicant sponsor, or owner, as the case may be, for transmission certified by the Office of Apprenticeship Training, Employer and to HUD or its designee. The payrolls submitted shall set out ac- Labor Services or a State Apprenticeship Agency (where curately and completely all of the information required to be main- appropriate) to be eligible for probationary employment as an tained under 29 CFR 5.5(a)(3)(i).This information may be submit- apprentice. The allowable ratio of apprentices to journeymen on ted in any form desired. Optional Form WH-347 is available for the job site in any craft classification shall not be greater than the this purpose and may be purchased from the Superintendent of ratio permitted to the contractor as to the entire work force under Documents (Federal Stock Number 029-005-00014-1), U.S. Gov- the registered program. Any worker listed on a payroll at an ap- ernment Printing Office, Washington, DC 20402. The prime con- prentice wage rate, who is not registered or otherwise employed tractor is responsible for the submission of copies of payrolls by all as stated above, shall be paid not less than the applicable wage subcontractors. (Approved by the Office of Management and rate on the wage determination for the classification of work actu- Budget under OMB Control Number 1215-0149.) ally performed. In addition, any apprentice performing work on the (b) Each payroll submitted shall be accompanied by a "Statement job site in excess of the ratio permitted under the registered of Compliance," signed by the contractor or subcontractor or his or program shall be paid not less than the applicable wage rate on her agent who pays or supervises the payment of the persons the wage determination for the work actually performed. Where a employed under the contract and shall certify the following: contractor is performing construction on a project in a locality other (1) That the payroll for the payroll period contains the information than that in which its program is registered, the ratios and wage required to be maintained under 29 CFR 5.5 (a)(3)(i) and that rates (expressed in percentages of the journeyman's hourly rate) such information is correct and complete; specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than That each laborer or mechanic (including each helper, ap- the rate specified in the registered program for the apprentice's .ice,and trainee)employed on the contract during the payroll level of progress, expressed as a percentage of the Previous edition is obsolete Page 2 of 4 form HUD-4010(0712003) ­F U-4K-L, 1'AAA 1 journeymen hourly rate specified in the applicable wage determi- 7. Contract termination; debarment. A breach of the contract ---tion. Apprentices shall be paid fringe benefits in accordance with clauses in 29 CFR 5.5 may be grounds for termination of the con- provisions of the apprenticeship program. If the apprenticeship tract and for debarment as a contractor and a subcontractor as program does not specify fringe benefits, apprentices must be paid provided in 29 CFR 5.12. the full amount of fringe benefits listed on the wage determination 8. Compliance with Davis-Bacon and Related Act Requirements. for the applicable classification. If the Administrator determines that All rulings and interpretations of the Davis-Bacon and Related Acts a different practice prevails for the applicable apprentice contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by classification, fringes shall be paid in accordance with that reference in this contract determination. In the event the Office of Apprenticeship Training, 9. Disputes concerning labor standards. Disputes arising out of Employer and Labor Services, or a State Apprenticeship Agency the labor standards provisions of this contract shall not be subject recognized by the Office, withdraws approval of an apprenticeship to the general disputes clause of this contract. Such disputes shall program, the contractor will no longer be permitted to utilize be resolved in accordance with the procedures of the Department apprentices at less than the applicable predetermined rate for the of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the work performed until an acceptable program is approved. meaning of this clause include disputes between the contractor(or (ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not any of its subcontractors) and HUD or its designee, the U.S. be permitted to work at less than the predetermined rate for the Department of Labor,or the employees or their representatives. work performed unless they are employed pursuant to and 10. (i) Certification of Eligibility. By entering into this contract the individually registered in a program which has received prior ap- contractor certifies that neither it(nor he or she) nor any person or proval, evidenced by formal certification by the U.S. Department of firm who has an interest in the contractor's firm is a person or firm Labor, Employment and Training Administration. The ratio of ineligible to be awarded Government contracts by virtue of Section trainees to journeymen on the job site shall not be greater than 3(a)of the Davis-Bacon Act or 29 CFR 5.12(a)(1)or to be awarded permitted under the plan approved by the Employment and Train- HUD contracts or participate in HUD programs pursuant to 24 CFR ing Administration. Every trainee must be paid at not less than the Part 24. rate specified in the approved program for the trainee's level of (ii) No part of this contract shall be subcontracted to any person progress,expressed as a percentage of the journeyman hourly rate or firm ineligible for award of a Government contract by virtue of specified in the applicable wage determination. Trainees shall be Section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be paid fringe benefits in accordance with the provisions of the trainee awarded HUD contracts or participate in HUD programs pursuant program. If the trainee program does not mention fringe benefits, to 24 CFR Part 24. trainees shall be paid the full amount of fringe benefits listed on the (iii) The penalty for making false statements is prescribed in the wage determination unless the Administrator of the Wage and U.S. Criminal Code, 18 U.S.C. .S.C. Additionally, U.S. Criminal Hnur Division determines that there is an apprenticeship program Code, Section 1 01 0, Title 18, U.S.C., "Federal Housing Adminis- ociated with the corresponding journeyman wage rate on the tration transactions", provides in part: "Whoever,for the purpose of vvdge determination which provides for less than full fringe benefits for apprentices.Any employee listed on the payroll at a trainee rate • • • influencing in any way the action of such Administration makes, utters or publishes any statement knowing the same to be who is not registered and participating in a training plan approved false. by the Employment and Training Administration shall be paid not _shall be fined not more than $5,000 or imprisoned not more less than the applicable wage rate on the wage determination for than two years,or both." the work actually performed. In addition, any trainee performing 11. Complaints, Proceedings, or Testimony by Employees. No work on the job site in excess of the ratio permitted under the laborer or mechanic to whom the wage, salary, or other labor registered program shall be paid not less than the applicable wage standards provisions of this Contract are applicable shall be dis- rate on the wage determination for the work actually performed. In charged or in any other manner discriminated against by the Con- the event the Employment and Training Administration withdraws tractor or any subcontractor because such employee has filed any approval of a training program, the contractor will no longer be complaint or instituted or caused to be instituted any proceeding or permitted to utilize trainees at less than the applicable has testified or is about to testify in any proceeding under or predetermined rate for the work performed until an acceptable relating to the labor standards applicable under this Contract to his program is approved. employer. (iii) Equal employment opportunity. The utilization of appren- tices, trainees and journeymen under 29 CFR Part 5 shall be in B. Contract Work Hours and Safety Standards Act. The provi- conformity with the equal employment opportunity requirements of sions of this paragraph B are applicable only where the amount of Executive Order 11246,as amended,and 29 CFR Part 30. the prime contract exceeds$100,000.As used in this paragraph,the 5. Compliance with Copeland Act requirements. The contrac- terms"laborers"and"mechanics"include watchmen and guards. for shall comply with the requirements of 29 CFR Part 3 which are (1) Overtime requirements. No contractor or subcontractor con- inco"rporated by reference in this contract tracting for any part of the contract work which may require or involve 6. Subcontracts. The contractor or subcontractor will insert in the employment of laborers or mechanics shall require or permit any any subcontracts the clauses contained in subparagraphs 1 such laborer or mechanic in any workweek in which he or she is through 11 of this paragraph A and such other clauses as HUD or employed on such work to work in excess of 40 hours in such work- its designee may by appropriate instructions require, and a copy of week unless such laborer or mechanic receives compensation at a the applicable prevailing wage decision, and also a clause re- rate not less than one and one-half times the basic rate of pay for all quiring the subcontractors to include these clauses in any lower tier hours worked in excess of 40 hours in such workweek. ­bcontracts. The prime contractor shall be responsible for the (2) Violation; liability for unpaid wages; liquidated damages. ipliance by any subcontractor or lower tier subcontractor with In the event of any violation of the clause set forth in subpara- aii the contract clauses in this paragraph. form HUD-4010 (07/2003) Previous edition is obsolete Page 3 of 4 ref.Handbook 1344.1 r, s graph (1) of this paragraph, the contractor and any subcontractor (4) Subcontracts. The contractor or subcontractor shall insert in responsible therefor shall be liable for the unpaid wages. In addi- any subcontracts the clauses set forth in subparagraph (1)through tion, such contractor and subcontractor shall be liable to the United (4)of this paragraph and also a clause requiring the subcontractors Pates (in the case of work done under contract for the District of to include these clauses in any lower tier subcontracts. The prime umbia or a territory, to such District or to such territory), for contractor shall be responsible for compliance by any subcontractor nquidated damages. Such liquidated damages shall be computed or lower tier subcontractor with the clauses set forth in with respect to each individual laborer or mechanic, including subparagraphs(1)through (4)of this paragraph. watchmen and guards, employed in violation of the clause set forth C. Health and Safety. The provisions of this paragraph C are ap- in subparagraph (1) of this paragraph, in the sum of $10 for each plicable only where the amount of the prime contract exceeds calendar day on which such individual was required or permitted to $100,000. work in excess of the standard workweek of 40 hours without (1) No laborer or mechanic shall be required to work in surround- payment of the overtime wages required by the clause set forth in ings or under working conditions which are unsanitary, hazardous, sub paragraph (1)of this paragraph. or dangerous to his health and safety as determined under (3) Withholding for unpaid wages and liquidated damages. construction safety and health standards promulgated by the Sec- HUD or its designee shall upon its own action or upon written retary of Labor by regulation. request of an authorized representative of the Department of Labor (2) The Contractor shall comply with all regulations issued by the withhold or cause to be withheld, from any moneys payable on Secretary of Labor pursuant to Title 29 Part 1926 and failure to account of work performed by the contractor or subcontractor comply may result in imposition of sanctions pursuant to the Con- under any such contract or any other Federal contract with the tract Work Hours and Safety Standards Act, 40 USC 3701 et seq. same prime contract, or any other Federally-assisted contract (3) The Contractor shall include the provisions of this paragraph subject to the Contract Work Hours and Safety Standards Act in every subcontract so that such provisions will be binding on which is held by the same prime contractor such sums as may be each subcontractor. The Contractor shall take such action with determined to be necessary to satisfy any liabilities of such con- respect to any subcontract as the Secretary of Housing and tractor or subcontractor for unpaid wages and liquidated damages as Urban Development or the Secretary of Labor shall direct as a provided in the clause set forth in subparagraph (2) of this means of enforcing such provisions. paragraph. `revious edition is obsolete form HUD-4010(07/2003) Page 4 of 4 ref. Handbook 1344.1 6 E I I I Insert Davis-Bacon Wage Determination AFFIRMATIVE ACTION COMPLIANCE GUIDELINES FOR CONSTRUCTION AND NON-CONSTRUCTION CONTRACTORS Page 1 of 9 IMPLEMENTING ENTITIES AFFIRMATIVE ACTION COMPLIANCE GUIDELINES FOR CONSTRUCTION AND NON-CONSTRUCTION CONTRACTORS These Affirmative Action Compliance Guidelines have been C. Exemptions: designed to provide the Implementing Entity with information pertaining to the contractor's work force. It is the intent of The following persons/contracts (as defined by the these guidelines to insure that equal opportunity for implementing entity's Contract Compliance Officer) employment is practiced by the contractor without regard to shall be exempt from this program: race, age, color, sex, religion, ancestry, national origin, marital status, or handicap. These guidelines provide the 1. Sole Source minimum information necessary to prepare an Affirmative Action Plan that will comply with Federal regulations 2. Emergency Requisitions regarding Affirmative Action for federally assisted projects. In the event that the Affirmative Action Compliance Program of 3. Contracts which have been executed by the the implementing entity address these minimum guidelines, that program may be utilized. Contractors are urged to 4. Churches contact the Affirmative Action Officer of the implementing entity for any necessary technical assistance in preparing Any contractor who feels qualified for an exemption their Affirmative Action Plan if they are considering bidding should contact the Contract Compliance Officer for under this contract. verification. I. AFFIRMATIVE ACTION COMPLIANCE PROGRAM ll. METHOD FOR SATISFYING AFFIRMATIVE ACTION A. The Affirmative Action program embodies the PLAN following principals: A. Affirmative Action Plan for CONSTRUCTION 1. Discrimination because of race, color, age, sex, contractors can be met by one of the following religion, ancestry, national origin, marital status, methods: or handicapped status is insistent with the 1. Prior to being awarded the contract,the contractor constitution, laws, and policies of the United must have both of the following documents States, State of California and County of San approved by the implementing entity Contract Bernardino. Compliance Officer. 2. In accordance with Executive Order 11246, the implementing entity is committed to insuring that a. A statement of the contractor's Affirmative there be no discrimination by vendors, contractors Action Policy including methods of recruiting (including professional services and consultants), minorities and women. If the contractor does lessors, or lessees doing business with the not have an Affirmative action Policy, the implementing entity. attached model policy may be adopted by the contractor. B. Contractors required to file an Affirmative Action Plan. b. The "Contract Compliance Qualifying Report for Construction Contractor' (attached). 1. All contractors who are submitting to the implementing entity a bid or offer on a 2. Evidence of a currently approved Federal or State CONSTRUCTION CONTRACT and who are of California Affirmative Action Plan. doing business in the amount of$10,000 or more with the implementing entity in any one fiscal year 3. Certificate of Annual prequalification issued by the or employ ten(10)or more employees, must have implementing entity Contract Compliance Officer. an approved Affirmative Action Plan unless exempt, prior to the award of such contract. a. To receive "Annual Prequalification" a contractor must: 2. All contractors and vendors who are submitting to the implementing entity a bid or offer on a Complete the implementing entity Affirmative NONCONSTRUCTION CONTRACT in the Action "Contract Compliance Qualifying amount of $10,000.00 or more, must have an Report" with employment goals for the next approved Affirmative Action Plan unless exempt, three years; and submit to the Contract prior to the award of such contract or business. Compliance Officer for approval an Affirmative Action Policy including methods of recruiting 3. All subcontractors rendering services or supplies minorities and women. The contractor is to the contractor in the amount of $10,000.00 or required to submit an Affirmative Action more, must have an approved Affirmative action Compliance Plan annually for subsequent Plan unless exempt, before the subcontractor prequalification. commences work. Page 2 of 9 n Subcontractors desiring to act as subcontractors may receive annual prequalification and be placed upon a 2. The appeal should explain the reason why the action list of annually pre-qualified subcontractors which will of the Contract Compliance Officer should not have be made available by the Contract Compliance Officer been taken. Failure of the contractor to appeal within to prime contractors to facilitate their choice of ten (10) working days of notice of disapproval shall subcontractors. make the action taken by the Contract Compliance Officer final. B. Affirmative Action Plan For Non-Construction Contractors C. On-site visits may be conducted to verify the accuracy of can be met as follows: the contractor's Affirmative Action statistical data. In 1. Prior to being awarded the contract, the contractor addition, contractors will be required to annotate entries must have the "Contract Compliance Qualifying on their payroll reports with the following codes: Report for Non-Construction Contractors and A= White (not of Hispanic origin): All persons having Vendors" (attached), approved by the implementing origins in any of the original peoples of Europe, entity contract compliance officer. In addition, the North Africa, the Middle East, or the Indian contractor or vendor may be requested to submit to subcontinent. the Contract Compliance Officer additional information concerning the contractor's Affirmative Action policies. B— Black (not of Hispanic origin): All persons having origins in any of the black racial groups. C. Affirmative Action Plan for Subcontractors can be met as follows: C= Hispanic: All persons of Mexican, Puerto Rican, Cuban, Central or South American, or other 1. Prior to a subcontractor starting work for a contractor, Spanish culture or origin, regardless of race. the subcontractor must comply with Part II, Section A above for construction subcontracts and Part II, D= Asian or Pacific Islanders: All persons having Section B above for non-construction subcontracts. origins in any of the Far East, Southwest Asia or The contractor is responsible to ensure that all of his the Pacific Islands. This area includes, for subcontractors are in compliance. example, China, Japan, Korea, the Philippine Islands and Samoa. 2. Contractors are encouraged to use subcontractors who have been approved for annual prequalification (if E= American Indian or Alaskan Native: All persons available). having origins in or of the original peoples of North America. III. INTERACTION WITH THE CONTRACT COMPLIANCE M = MALE EMPLOYEE OFFICE F= FEMALE EMPLOYEE A. The Contract Compliance Officer will review each Affirmative Action Program as submitted. H = HANDICAPPED EMPLOYEE V= VIETNAM-ERA VETERAN 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 IV. DEFINITIONS reasons for disapproval of the plan, and of the implementing entity's requirements for an acceptable plan. Unless a provision of a contract otherwise requires, certain The contractor shall be allowed ten (10) working days in words and phrases shall be defined as follows: which to develop and submit a revised Affirmative Action Plan for review and approval by the Contract Compliance "Affirmative Action" is a commitment to increase the Officer. number of members of protected classes in the work force by setting employment goals and timetables, including B. Appeal Procedure. action programs to achieve objectives through reform of the system. Affirmative Action seeks to ensure that 1. A contractor who has submitted a program which is discrimination is eliminated in all dealings with employees not approved by the Contract Compliance Officer may or applicants for employment whether the discrimination is appeal that determination to the implementing entity's intentional or unintentional. In addition, Affirmative Action legislative body through their Administrative Officer. seeks to improve job standards and productivity through All appeals shall be in writing, signed by the person the removal of artificial and unnecessary barriers to appealing or that person's authorized representative employment and promotion and ensure that all job actions and shall be filed with the Contract Compliance Officer are related to job performance measures. within ten (10) working days after receiving notice of disapproval. Page 3 of 9 10 A. "Approved Programs" are those which the Contract I. "Non-construction Contract" means any contract that n ' ' o Compliance Office of the implementing entity have does not fall within the definition of "Construction deemed in compliance with this program Contract". "Construction Contract" means a contract which calls for the construction, rehabilitation, alteration, J. "Officer" means the Contract Compliance Officer of conversion, extension, demolition or repair of the implementing entity. buildings, highways or other changes or improvements providing utility services. K. "Persons" means any individual, firm, co-partnership, public service, joint venture, association, social club, B. "Contract" means a purchase order, offer and fraternal organization, corporation, estate, trust receiver, syndicate CITY, county, municipal acceptance, lease, agreement or other arrangement corporation, district or other political subdivision, or creating an obligation to which the implementing any other group or combination acting as a unit. entity is a party, which would make one of the parties within the definition a contractor. L. "Protected Class" means those groups of individuals covered or protected against discrimination by the C. "Contractor" means all persons (including general various Federal and State civil rights laws as now in contractors and prime contractors) who provide, or existence or as hereafter amended by Federal or offer to provide to the implementing entity, labor or State law. services of any kind or type pursuant to a construction contract with the County. M. 'Sole Source" means a contract in which the non- implementing entity party is in a unique position to D. "Implementing Entity" means public jurisdiction who is fulfill the implementing entity's needs, as determined administering the contract. by the Contract Compliance Officer, after consideration of practical alternative. E. "Employee" means one who performs work for N. "Subcontractor" means any person who agrees with compensation, or a person who is permanently or an contractor who has a contract with the d b the contractor or subcontractor. Y regularly employed r 9 Y P Y Y implementing entity to furnish supplies, goods, o F. "Handicapped Status" means any person who: services to such contractor. 1. Has a physical or mental impairment which O. "Underutilization" means having fewer minorities or substantially limits one or more of such person's women in a particular job classification than would major life activities. reasonably be expected by their availability. 2. Has a record or such impairment or, P. "Vietnam-Era Veteran" means a person who: 3. Is generally regarded as having such an 1. Served on actual duty for a period of more than 180 days, any part of which occurred between impairment. August 5, 1964, and May 7, 1975, and was discharged or released therefrom with other than G. "Local Labor Market" means the entire San a dishonorable discharge; or Bernardino, Riverside, Ontario labor market. (Standard Metropolitan Statistical Area.) 2. Was discharged or released from active duty for a service-connected disability if any part of such H. "Minorities" means members of the following racial or active duty was performed between August 5, ethnic groups: Black (not of Hispanic origin); 1964,and May 7, 1975. Hispanic; Asian or Pacific Islander; American India or Alaskan native. Q. "Women" means female members of racial and ethnic minority and non-minority groups. Page 4 of 9 11 ATTACHMENT 1 1. Contractor agrees to fully comply with the laws and 2. Vietnam Era Veterans' Readjustment Assistance Acts of programs(including regulations issued pursuant thereto) 1972 and 1974, as amended. Pub. L. 92-540, Title V, which are listed following this paragraph. Such Sec 503(a), Pub. L 93-508. Title IV, Sec. 402. (38 compliance is required to the extent such laws, USCA 2011-2013). programs and their regulations are, by their own terms, applicable to this contract. Contractor warrants that he 3. Rehabilitation act of 1973, as amended (Handicapped) will make himself thoroughly familiar with the applicable Pub. 193-112 as amended.(29 USCA 701-794). provisions of said laws, programs, and regulations prior to commencing performance of the contract. Copies of 4. California Fair Employment Practice Act. Labor Code said laws, programs, and regulations are available upon Sec. 1410 et seq. request from the implementing entity's Contract Compliance Officer. to the extent applicable the 5. Civil Rights Act of 1964, as amended (42 USCA 2000a provisions of said laws programs and regulations are to 2000H-6)and Executive Order No. 11246, September deemed to be a part of this contract as if fully set forth 24, 1965,as amended. herein. 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 contracting officer, advising the labor union or September 24, 1965, as amended, and Title VII of the Civil workers' representative of the Contractor's Rights Act of 1964, and is applicable pursuant to 41 C.F.R. commitments under Section 202 of Executive Order Sec. 60-1.4. 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to (1) The Contractor will not discriminate against any employees and applicants for employment. employee or applicant for employment because of race, color, religion, sex, or national origin. The (4) The contractor will comply with all provisions of Contractor will take affirmative action to ensure that Executive Order 11246 of September 24, 1965. and applicants are employed, and that employees are of the rules, regulations, and relevant orders of the treated during employment without regard to their Secretary of Labor. race, color, religion, sex, national origin. Such action shall include, but not be limited to the following: (5) The Contractor will furnish all information and reports Employment, upgrading, demotion, or transfer; required by Executive Order 11246 of September 24, recruitment or recruitment advertising; layoff or 1965, and of the rules, regulations and relevant termination; rates of pay or other forms of orders of the Secretary of Labor, or pursuant thereto, compensation; and selection for training, including and will permit access to his books, records and apprenticeship. The Contractor agrees to post in accounts by the contracting agency and the Secretary conspicuous places, available to employees and of Labor for purposes of investigation to ascertain applicants for employment, notices to be provided by compliance with such rules, regulations and orders. the contracting officer setting forth the provisions of this nondiscrimination clause. (6) In the event of the Contractor's noncompliance with the nondiscrimination clauses of this contract or with (2) The Contractor will, in all solicitations or any of such rules, regulations or orders, this contract advertisements for employees placed by or on behalf may be canceled, terminated or suspended in whole of the Contractor, state that all qualified applicants will or in part, and the Contractor may be declared receive consideration for employment without regard ineligible for further Government contracts in to race, color, religion, sex, or national origin. accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other (3) The Contractor will send to each labor union or sanctions may be imposed and remedies invoked as representative of workers with which he has a provided in Executive Order 11246 of September 24, collective bargaining agreement or other contract or 1965, or by rule, regulation or order of the Secretary understanding, a notice to be provided by the agency of Labor, or as otherwise provided by law. Page 5 of 9 12 i (7) The Contractor will include the provisions of and the rules, regulations, and relevant orders of the paragraphs (1) through (7) in every subcontract or Secretary of Labor, that it will furnish the purchase order unless exempted by rules, regulations administering agency and the Secretary of Labor such or orders of the Secretary of Labor issued pursuant to information as they may require for the supervision of Section 204 of Executive Order 11246 of September such compliance, and that it will otherwise assist the 24, 1965, so that such provisions will be binding upon administering agency in the discharge of the agency's each subcontractor or vendor. The Contractor will primary responsibility for securing compliance. take such action with respect to any subcontract or purchase order as the contracting agency may direct The applicant further agrees that it will refrain from as a means of enforcing such provisions, including entering into any contract or contract modification sanctions for noncompliance: Provided, however, subject to Executive Order 1124 of September 24, that in the event the Contractor becomes involved in, 1965, with a contractor debarred from, or who has not or is threatened with, litigation with a subcontractor or demonstrated eligibility for Government contracts and vendor as a result of such direction by the contracting federally assisted construction contracts pursuant to agency,the Contractor may request the United States the Executive Order and will carry out such sanctions to enter into such litigation to protect the interests of and penalties for violation of the equal opportunity the United states. clause as may be imposed upon contractors and subcontractors by the administering agency or the The applicant further agrees that it will be bound by Secretary of Labor pursuant to Part II, Subpart D of the above equal opportunity clause with respect to its the Executive Order. In addition,the applicant agrees own employment practices when it participates in that if it fails or refuses to comply with these federally assisted construction work; provided, that if undertakings, the administering agency may take any the applicant so participating is a State or local or all of the following actions: Cancel, terminate, or government, the above equal opportunity clause is suspend in whole or in part this grant (contract, loan, not applicable to any agency, instrumentality or insurance, guarantee), refrain from extending any subdivision of such government which does not further assistance to the applicant under the program participate in work on or under the contract. with respect to which the failure or refund occurred until satisfactory assurances of future compliance has The applicant agrees that it will assist and cooperate been received from such applicant, and refer the case actively with the administering agency and the to the Department of Justice for appropriate legal Secretary of Labor in obtaining the compliance of proceedings. contractors and subcontractors with the equal opportunity clause and the rules, regulations, and In addition to the above, Contractor will furnish all relevant orders of the Secretary of Labor, that it will information and reports required by Executive Order furnish the administering agency and the Secretary of No. 11246 of September 24, 1965 to the implementing Labor in obtaining the compliance of contractors and entity's Contract Compliance Officer. subcontractors with the equal opportunity clause Affirmative Action for Disabled Veterans and Veterans of the Vietnam Era This clause is inserted pursuant to Executive Order 11701 of advertising, layoff or termination, rates of pay or January 24, 1973 and the Vietnam Era Veterans other forms of compensation, and selection for Readjustment Assistance Acts of 1972 and 1974 (P.L. 92- training, including apprenticeship. 540, 93-508), and is applicable pursuant to 41 CFR Sec. 60- 250. (2) The Contractor agrees that all suitable employment openings of the Contractor which exist at the time of (1) The Contractor will not discriminate against any the execution of this contract and those which occur employee or applicant for employment because he during the performance of this contract, including or she is a disabled veteran or veteran of the those not generated by this contract and including Vietnam Era in regard to any position for which the those occurring at an establishment of the employee or applicant for employment is qualified. Contractor other than the one wherein the contract The Contractor agrees to take affirmative action to is being performed but excluding those of employ,advance in employment and otherwise treat independently operated corporate affiliates, shall be qualified disabled veterans and veterans of the listed at an appropriate local office of the State Vietnam Era without discrimination based upon their employment service system wherein the opening disability or veterans status in all employment occurs. The Contractor further agrees to provide practices such as the following: employment, such reports to such local office regarding upgrading, demotion or transfer, recruitment, employment openings and hires as may be required. Page 6 of 9 13 (3) Listings of employment openings with the organization or to fill pursuant to a customary and employment service system pursuant to this clause traditional employer - union hiring arrangement. shall be made at least concurrently with the use of This exclusion does not apply to a particular any other recruitment source or effort and shall opening once an employer decides to consider involve the normal obligations which attach to the applicants outside of his own organization or order, including the employer-union arrangement for that opening. placing of a bona fide job g P 9 acceptance of referrals of veterans and non- veterans. The listing of employment openings does (8) As used in this clause: not require the hiring of any particular job applicant or from any particular group of job applicants, and a. "All suitable employment openings" includes, but is nothing herein is intended to relieve the Contractor not limited to, openings which occur in the following from any requirements in Executive Orders or job categories: production and non-production; plant regulations regarding nondiscrimination in and office; laborers and mechanics; supervisory and employment. non-supervisory; technical; and executive, administrative and professional openings as are (4) The reports required by paragraph (2)of this clause compensated on a salary basis of less than $25,000 shall include, but not be limited to, periodic reports per year. The term includes full-time employment, which shall be filed at least quarterly with the temporary employment of more than three (3) days appropriate local office or, where the Contractor has duration, and part-time employment. It does not more than one hiring location in a State, with the include openings which the Contractor proposes to central office of that State employment service. fill from within his own organization or to fill pursuant Such reports shall indicate for each hiring location, to a customary and traditional employer - union (a) the number of individuals hired during the hiring arrangement nor openings in an educational reporting period, (b) the number of non-disabled institution which are restricted to students of that veterans of the Vietnam Era hired, (c)the number of institution. Under most compelling circumstances disabled veterans of the Vietnam Era hired, and (d) an employment opening may not be suitable for where the needs of listing, such situations the total number of disable veterans hired. The g, includin g reports shall include covered veterans hired for on- the Government cannot reasonably be otherwise the-job training under 38 USC Sec. 1787. The supplied, where listing would be contrary to national Contractor shall submit a report within thirty (30) security, or where the requirement of listing would days after the end of each reporting period wherein otherwise not be for the best interest of the any performance is made on this contract identifying Government. data for each hiring location. The Contractor shall maintain at each hiring location, copies of the b. "Appropriate office of the State employment service reports submitted until the expiration of one year system"means the local office of the Federal-State after final payment under the contract, during which national system of public employment offices with time these reports and related documentation shall assigned responsibility for serving the area where be made available, upon request, for examination the employment opening is to be filled, including the by any authorized representatives of the contracting District of Colombia, Guam, Puerto Rico and the officer or of the Secretary of Labor. Documentation Virgin Islands. would include personnel records respecting job openings, recruitment and placement. c. "Openings which the Contractor proposes to fill from within his own organization" means employment (5) Whenever the Contractor becomes contractually openings for which no consideration will be given to bound to the listing provisions of this clause, it shall persons outside the Contractor's organization advise the employment service system in each (including any affiliates, subsidiaries and the parent State where it has establishments of the name and companies) and includes any openings which the location of each hiring location in the State. As long Contractor proposes to fill from regularly established as the Contractor is contractually bound to these "recall" lists. provisions and has so advised the State system, there is no need to advise the State system of d. "Openings which the Contractor proposes to fill subsequent contracts. The Contractor may advise pursuant to a customary and traditional employer - the State system when it is no longer bound by this union hiring arrangement" means employment contract clause. openings which the Contractor proposes to fill from union halls, which is part of the customary and (6) This clause does not apply to the listing of traditional hiring relationship which exists between employment openings which occur and are filled the Contractor and representatives of his outside of the 50 States, the District of Columbia, employees. Puerto Rico, Guam and the Virgin Islands. (7) The provisions of paragraphs (2), (3), (4) and (5) of (9) The Contractor agrees to comply with the rules, this clause do not apply to openings which the regulations and relevant orders of the Secretary of Contractor proposes to fill from within his own Labor issued pursuant to the Act. Page 7 of 9 14 (10) In the event of the Contractor's noncompliance with collective bargaining agreement or other contract the requirements of this clause, actions for understanding, that the Contractor is bound by the noncompliance may be taken in accordance with terms of the Vietnam Era Veterans' Readjustment the rules, regulations and relevant orders of the Assistance Act, and is committed to take affirmative Secretary of Labor issued pursuant to the Act. action to employ and advance in employment qualified disabled veterans and veterans of the (11) The Contractor agrees to post in conspicuous Vietnam Era. places, available to employees and applicants for employment, notices in a form to be prescribed by (13) The Contractor will include the provisions of this the Director, provided by or through the contracting clause in every subcontract or purchase order of officer. Such notices shall state the Contractor's $10,000 or more unless exempted by rules, obligation under the law to take affirmative action to regulations or orders of the Secretary issued employ and advance in employment qualified pursuant to the Act, so that such provisions will be disabled veterans and veterans of the Vietnam Era binding upon each subcontractor or vendor. The for employment, and the rights of applicants and Contractor will take such action with respect to any employees. subcontract or purchase order as the Director of the Office of Federal Contract Compliance Programs (12) The Contractor will notify each labor union or may direct to enforce such provisions, including representative of workers with which it has a 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 provided by or through the contracting officer. employee or applicant for employment because of physical or mental handicap in regard to any position for (5) Such notices shall state the Contractor's obligation which the employee or applicant for employment is under the law to take affirmative action to employ and qualified. The Contractor agrees to take affirmative advance in employment qualified handicapped action to employ, advance in employment and otherwise employees and applicants for employment, and the treat qualified handicapped individuals without rights of applicants and employees. discrimination based upon their physical or mental handicap in all employment practices such as the (6) The Contractor will notify each labor union or following: employment, upgrading, demotion or transfer, representative of workers with which it has a collective recruitment, advertising, layoff or termination, rates of bargaining agreement or other contract understanding, pay or other forms of compensation, and selection for that the Contractor is bound by the terms of Section 503 training, including apprenticeship. of the Rehabilitation Act of 1973, and is committed to take affirmative action to employ and advance in (2) The Contractor agrees to comply with the rules, employment physically and mentally handicapped regulations and relevant orders of the Secretary of individuals. Labor issued pursuant to the Act. (7) The Contractor will include the provisions of this clause (3) In the event of the Contractor's non-compliance with the in every subcontract or purchase order of$2,500.00 or requirements of this clause, actions for noncompliance more unless exempted by rules, regulations or orders of may be taken in accordance with the rules, regulations the Secretary issued pursuant to Section 503 of the Act, and relevant orders of the Secretary of Labor issued so that such provisions will be binding upon each pursuant to the Act. Subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order (4) The Contractor agrees to post in conspicuous places, as the Director of the Office of Federal Contract available to employees and applicants for employment, Compliance Programs may direct to enforce such notices in a form to be prescribed by the Director, provisions, including action for noncompliance. Page 8 of 9 15 APPENDIX I Category Principal Business Location Goal = Parity With Contractors except San Bernardino County Riverside -San Bernardino - Ontario construction S.M.S.A. Contractors except Within Los Angeles, Long Beach, Local S.M.S.A. construction Orange and San Diego S.M.S.A. Contractors except Within California, but not Area business located, unless have construction San Bernardino, Orange, Los offices in Riverside -San Bernardino- Angeles, San Diego S.M.S.A. Ontario S.M.S.A. -- then parity same as Number 2 above Contractors except Outside California Principal place of business construction Contractors except N/A Local staff parity with Riverside - construction San Bernardino-Ontario S.M.S.A. Construction N/A Riverside -San Bernardino-Ontario Contractors S.M.S.A. GOALS FOR WOMEN IN CONSTRUCTION On April 17, 1978, the Department of Labor, Office of Federal Contract Compliance Programs established goals for the participation of women in the construction industry. These goals, which shall apply to all work force levels, categories, crafts, skills, and apprenticeships, are the following: Time Frame Goals (in Percent) April 1, 1978 -- March 31, 1979 3.1% April 1, 1979 -- March 31, 1980 5.0% April 1, 1980 -- March 31, 1981 6.9% Page 9 of 9 16 "SECTION 3" 3-2.2 Employment opportunities for business 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, redevelopment, or renewal, public or community facilities and new community facilities and new community development, entered into by the Department of Housing and Urban Development 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 Development as is subject to the requirements of Section 3 of the Housing and Urban Development 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 requires that to the greatest extent feasible, opportunities for training and employment be given to 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 24CFR 135, and all applicable rules and orders of the Department 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 representative of workers with which he has a collective bargaining agreement or other contract or understanding, if any, a notice advising the said labor organizations or worker's representative of his commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. d. The contractor will include this Section 3 clause in every subcontract for work in connection with the project and will, at the direction of the applicant for or recipient of Federal financial assistance, take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the Secretary of Housing and Urban Development 24 CFR 135. The contractor will not subcontract unless the subcontractor has first provided him 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 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 provided, and to such sanctions as are specified by 24 CFR 135. 17 CERTIFICATION OF COMPLIANCE WITH AIR AND WATER ACTS (Applicable to Federally assisted construction contracts and related subcontracts exceeding $100,000.00) During the performance of this Contract, the contractor and all subcontractors shall comply with the requirements of the Clean Air act, as amended, 42 U.S.C. 1857 et seq., the Federal Water Pollution Control Act, as amended, 33 U.S.C. 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 forgoing requirements, all nonexempt contractors and subcontractors shall furnish to the owner, the following: (1) A stipulation by the Contractor or subcontractors, that any facility to be utilized in the performance of any nonexempt Contract or subcontract, is not listed on the List of Violating Facilities issued by the Environmental Protection Agency(EPA) pursuant to 40 CFR 15.20. (2) Agreement by the contractor to comply with all requirements of Section 114 of the Clean Air Act, as amended, (42 U.S.C. 1857c-8) and Section 308 of the Federal Water Pollution Control Act, as amended, (33 U.S.C. 1318) relating to inspection, monitoring entry, reports and information, as well as all other requirements specified in said Section 114 and Section 308, and all regulations and guidelines issued thereunder. (3) A stipulation that as a condition for the award of the Contract, prompt notice will be given of any notification received from the Director, Office of Federal Activities, EPA, indicating that a facility utilized, or to be utilized for the Contract, is under consideration to be listed on the EPA List of Violating Facilities. (4) Agreement by the Contractor that he will include, or cause to be included, the criteria and requirements in paragraph (1) through (4) of this section in every nonexempt subcontract and requiring that the Contractor will take such action as the Government may direct as a means of enforcing such provisions. 18 The following documents are required prior to Pre-Construction 19 INSTRUCTIONS FOR COMPLETING CONTRACT COMPLIANCE QUALIFYING REPORT I. JOB CATEGORY Laborers(Unskilled): Occupations in which a worker performs Data is to be completed for all listed job categories of employees. a variety of manual work in the maintenance, repair or Definitions: construction of highways, buildings,and other facilities; unskilled worker who brings materials to, and does preparation work for, Administrators: Occupations which require that employees set skilled workers in a trade. broad policies, exercise overall responsibility for execution of these policies, direct individual departments or a special phase Service Workers: Occupations in which workers perform duties of the contractor's operations,or provide specialized consultation which result in or contribute to the comfort, convenience, on a regional,district or area basis. upkeep and care of buildings, facilities or grounds of public Includes: directors, deputy directors, department heads property. Workers in this category may operate machinery. controllers, foremen supervisors, inspectors, and kindred Includes: chauffeurs, laundry and dry cleaning operators, truck workers. drivers, bus drivers, garage laborers, custodial persons, gardeners and groundskeepers, refuse collectors, construction Professional: Occupations which require specialized and laborers. theoretical knowledge which is usually acquired through college training or through work experience and other training which II. CURRENT WORK FORCE provides comparable knowledge. This category is to establish the contractor's current employee Includes: personnel and labor relations workers, social workers, status. doctors psychologists, registered nurses, economists, dietitians, lawyers, system analysis, accountants, engineers, employment A. Total number of employees: The contractor is to fill out the and vocational rehabilitation counselors, teachers or instructors, total number of persons currently employed in each job and kindred workers. category. Technical: Occupations which require a combination of basic B. Black: The contractor is to place the current number of scientific or technical knowledge and manual skill which can be Black employees in each box in this column for each job obtained through specialized post-secondary school education or category. through equivalent on-the-job training. C. Hispanic: The contractor is to place the current number of Includes: computer programmers and operators, draftsmen, employees of Hispanic origin in each box in this column for surveyors, licensed practical nurses, photographers, radio each job category. operators,technical illustrators, highway technicians, technicians (medical, dental, electronic, physical sciences), assessors, D. Asian or Pacific Islanders: The contractor is to place inspectors,and kindred workers. current number of employees of Asian or Pacific Island origin in each box in this column for each job category. Sales: Occupations in which the act of selling takes place: exchange of property of any kind, or of services for an agreed E. American Indian or Alaskan Native: The contractor is to sum of money or other valuable consideration. One employed place the current number of American Indian or Alaskan as a traveling agent or representative to sell goods or services. Native employees in each box in this column for each job category. Office and Clerical: Occupations in which workers are responsible for internal and external communication, recording F. Total Minority: The number to be placed in each box in the and retrieval of data and/or information and other paperwork column can be reached by adding the current number of required in an office. Black, Hispanic, Asian, Pacific Islander, American Indian, Includes: bookkeepers, secretaries, office machine operators, and Alaskan Native employees written in the four previous clerk typists, stenographers, statistical clerks, dispatchers, columns. payroll clerks,messengers,and kindred workers. G. Total Females: In each box in this column the contractor Skilled: Occupations in which workers perform jobs which shall place the total number of white and minority females require special manual skill, a thorough and comprehensive employed in each job category. knowledge of the processes involved in the work which is III. UNDERUTILIZATION acquired through on-the-job training, experience, through apprenticeship or other formal training programs. To establish whether under-utilization exists, a contractor must determine whether the "total minority" percentages and "total Includes: mechanics and repairmen, electricians, heavy female percentages" in each job classification are lower than equipment operators, stationary engineers, skilled machinist would reasonably be expected by their availability. occupations, carpenters, and compositors and typesetters, and kindred workers. After making this comparison, the contractor should place a check mark in the box that applies ('yes" or "no") for each Operative (Semiskilled): Occupations in which workers are category. partly skilled, or doing manual work that requires only limited training,experience or knowledge. 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. 20 H LL OUz � LL � � m= H• U) OF°- � > b ov -6 m a E QQa- 15 ° 5 �° ao U C� o °d °o 0 0 LL LL o ;� � a� 0'5a oy a U - ry'c°, p� Oa � ZZ� 2 72 0 PC) Q . c an o " ° w_ F H w 0 K o U G w w R Z Z O 5"IT � d w U c c LLJ w ° >-o . °, '� U ° a " 9 ' O M.0 d Z U 69 aoi 4. vi ' O d p E Cd o R � oo W o ^ y 0 0 0 U v ° 3 w '> 2aa� co ° w o b ° b b o n C OO . „ cC F p F Z O ?bv ° aU o o° a o W is 0 2-1 o b 0 Y w " � ^moo ° N ° ti Q aa� w U .�� pa o d � U U vo U m 9 o U 3 U Q LL v a1 Z W ° -i U W } = N Q :D d m m n V w o O ~ - 2M U U E� a o O a a T Z of G Q O U N Q U d c to 3 3 w o a) ¢a Z 2 n o x x a O 0D U A y b 0 c a _m Q 8 o � � U U m F" ° w O y W w > 0. (n 2 w w cn O W w b LL Q O J w U a o > a ffi �Q g p Ll A cad J Q5 .tom' b ° J O p y a a p z w ro z J w a 0.01 �° o c a a z } p y O W C U S". 7 3 O to Y J Z d U H H q o o Q H 0 LL m>� e v Y-AL, O U Q 2 F O N cL N d O Q a- H U U) O- `J° in 0 z U) a� ❑ 0 0 _U Q y"' L O 0 m U C � N U Q. -� a U Z Q O w c � a) U Q W W Z o Q U J : O U O U) " N U 0 Q '> a � � z ~ o z O O LL o W A V_! 'Q^ `2 VJ r C.) V 0 I�1 C) Vs Inr U) g4 v v p oa) U) •� w 0 N 0 LD L o Q) C U i a L 0 z m ❑ 0 0 U Q cn p (B a) o C � a) U Q L J a U z Q w U L � a) U Q W W Z a cu w CL o v, " N O � U o H o Q •> z z o z � O m O co LL o W a) 0 U V//� L ^� /� LL V/ `Q^ L2 n r '^ a> \/ O 0 O M � V 0 c�0 c6 0 r cn cn ��— M J � v d Q u U 1 W Q N Y Z Q J m AFFIRMATIVE ACTION POLICY FOR CONTRACTORS, SUBCONTRACTORS AND VENDORS Name of Contractor, Subcontractor or Vendor 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 (or Subcontractor or Vendor) agrees to assert leadership within the community and to put forth good faith efforts to achieve full employment and utilization of the capabilities and the productivity of all our citizens without regard to race, age, color, sex, religion, ancestry, national origin, marital status, or handicap. This contractor (or Subcontractor or Vendor) 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: Please answer each question by marking an "X" beside "A", "B", or "C". If "C" is marked, explain reason; use a separate sheet if additional space is needed. 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. ❑ 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. Explain "C" 2. Our company will actively use recruitment sources such as employment agencies, unions, and schools that have a policy of referring applicants on a nondiscriminatory basis. ❑ 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. Explain "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 policy with all local minority, handicapped and women's organizations and subcontractors and shall maintain records of the organizations responses. ❑ 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. Explain "C" Page 1 of 4 AFFIRMATIVE ACTION POLICY FOR CONTRACTORS, SUBCONTRACTORS AND VENDORS (Continued) I 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. ❑ 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. Explain "C" 5. Our company shall make specific efforts to encourage present minority, handicapped and women employees to recruit their friends and relatives who status also comes under that of minority, handicapped or women. ❑ 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. Explain "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 reason therefore. ❑ 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. Explain "C- 7. Our company shall notify the implementing entity Contract Compliance Officer 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. ❑ 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. Explain "C" 8. Our company will actively take steps to integrate any positions, departments or plant location which have no women or minorities or are almost staffed with one particular group. ❑ 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. Explain "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. ❑ 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. Explain "C" Page 2 of 4 AFFIRMATIVE ACTION POLICY FOR CONTRACTORS, SUBCONTRACTORS AND VENDORS (Continued) 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 ❑ 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. Explain "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. ❑ 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. Explain "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 ❑ 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. Explain "C" 13. Our company will make certain that all facilities normally used concurrently by all company activities are non-segregated. ❑ 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. Explain "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. ❑ 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. Explain "C" 15. Our Company shall solicit bids for subcontracts from minority subcontractors and female subcontractors subject to availability. ❑ 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. Explain "C" Page 3 of 4 nn AFFIRMATIVE ACTION POLICY FOR CO , NTRACTORS SUBCONTRACTORS AND VENDORS (Continued) 16. Our company shall make every effort to provide after school, summer and vacation employment to minority youths. ❑ 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. Explain "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. ❑ 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. Explain "C" Date Signature Title Page 4 of 4 nn -- -------- SAN BERNARDINO COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT AND HOUSING MINORITY AND WOMEN OWNED BUSINESS ENTERPRISE PARTICIPATION This form is designed to assist the County of San Bernardino in assessing and reporting the proposition and amounts of contracts and subcontracts awarded to Minority and Women Owned Business Enterprises (WMBE'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 controlled interest in the company is held by one or more Black Americans, Native Americans (including American Indians, Eskimos, Aleuts, and Native Hawaiians), Hispanic Americans, or Asian/Pacific Americans (including persons whose origins are from Japan, China, the Philippines, Vietnam, Korea, Samoa, Guam, the United States Trust Territories of the Pacific, Northern Marianas, Laos, Cambodia and Taiwan), or any other group of natural persons identified as minorities in the project specifications by the County. "Female owned or controlled" means that 51% or more of the company's ownership or controlled interest in the company is held by one or more female persons. PROJECT Project Name Project Number $ Federally funded or assisted? [ ]Yes [ ] No Total Bid Amount CONTRACTOR Contractor's Name Address Federal I.D. Number CITY State Zip Code $ Minority owned/controlled? [ ]Yes [ ] No If so, what Minority? Portion of Bid Amount to be Female owned/controlled? [ ] Yes [ ] No performed by Contractor SUBCONTRACTORS 1) Subcontractor's Name Address Federal I.D. Number CITY State Zip Code $ Minority owned/controlled? [ ]Yes [ ] No If so, what Minority? Subcontract Bid Amount Female owned/controlled? [ ]Yes [ ] No ---------------------------------------------------------------------------------------------------------------------------------------------------- 2) Subcontractor's Name Address Federal I.D. Number CITY State Zip Code $ Minority owned/controlled? [ ] Yes [ ] No If so, what Minority? Subcontract Bid Amount Female owned/controlled? [ ]Yes [ ] No Page 1 of 2 MINORITY AND WOMEN OWNED BUSINESS ENTERPRISE PARTICIPATION (Continued) 3) Subcontractor's Name Address Federal I.D. Number CITY State Zip Code $ Minority owned/controlled? [ ]Yes [ ] No If so, what Minority? Subcontract Bid Amount Female owned/controlled? [ ] Yes [ ] No ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- 4) Subcontractor's Name Address Federal I.D. Number CITY State Zip Code $ Minority owned/controlled? [ ]Yes [ ] No If so, what Minority? Subcontract Bid Amount Female owned/controlled? [ ]Yes [ ] No 5) Subcontractor's Name Address Federal I.D. Number CITY State Zip Code $ Minority owned/controlled? [ ]Yes [ ] No If so, what Minority? Subcontract Bid Amount Female owned/controlled? [ ] Yes [ ] No ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- 6) Subcontractor's Name Address Federal I.D. Number CITY State Zip Code $ Minority owned/controlled? [ ] Yes [ ] No If so, what Minority? Subcontract Bid Amount Female owned/controlled? [ ]Yes [ ] No ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- 7) Subcontractor's Name Address Federal I.D. Number CITY State Zip Code $ Minority owned/controlled? [ ] Yes [ ] No If so, what Minority? Subcontract Bid Amount Female owned/controlled? [ ]Yes [ ] No ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- 8) Subcontractor's Name Address Federal I.D. Number CITY State Zip Code $ Minority owned/controlled? [ ] Yes [ ] No If so, what Minority? Subcontract Bid Amount Female owned/controlled? [ ] Yes [ ] No ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- 9) Subcontractor's Name Address Federal I.D. Number CITY State Zip Code $ Minority owned/controlled? [ ]Yes [ ] No If so, what Minority? Subcontract Bid Amount Female owned/controlled? [ ]Yes [ ] No (Use additional copies of this form if needed to provide information on all subcontractors) Page 2 of 2 �n CERTIFICATION OF BIDDER REGARDING EQUAL EMPLOYMENT OPPORTUNITY Project Name: 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 subcontract subject to the equal opportunity clause; and, if so, whether it has filed all compliance reports due under applicable instructions. Where the certification indicates that the bidder has not filed a compliance report due under applicable instructions, such bidder shall be required to submit a compliance report within seven calendar days after bid opening. No contract shall be awarded unless such report is submitted. CERTIFICATION BY BIDDER Bidder's Name Address &Zip Code 1. Bidder has participated in a previous contract or subcontract subject to the Equal Opportunity Clause. Yes ❑ No ❑ (If answer is yes, identify the most recent contract.) 2. Compliance reports were required to be filed in connection with such contract or subcontract. Yes ❑ No ❑ (If answer is yes, identify the most recent contract.) 3. Bidder has filed all compliance reports due under applicable instructions, Including SF-100. Yes ❑ No ❑ None required ❑ 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 Name: 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 subcontract subject to the equal opportunity li 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 instructions, such subcontractor shall be required to submit a compliance report before the owner approves the subcontract or permits work to begin under the subcontract. SUBCONTRACTOR'S CERTIFICATION Subcontractor's Name: Address &Zip Code: 1. Bidder has participated in a previous contract or subcontract subject to the Equal Opportunity Clause. Yes ❑ No ❑ 2. Compliance reports were required to be filed in connection with such contract or subcontract. Yes ❑ No ❑ 3. Bidder has filed all compliance reports due under applicable instructions, Including SF-100. Yes ❑ 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 • NOTE: THIS FORM MUST BE FILLED OUT BY EACH OF THE BIDDER'S SUBCONTRACTORS. CONTRACTOR'S CERTIFICATION OF COMPLIANCE WITH DAVIS-BACON AND RELATED ACTS REQUIREMENTS as Prime Contractor for Project: hereby make the following certification and acknowledgment 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 DEPARTMENT OF COMMUNITY DEVELOPMENT AND HOUSING COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM CONTRACTOR'S CERTIFICATION CONCERNING LABOR STANDARDS AND PREVAILING WAGE REQUIREMENTS TO (Appropriate Recipient): C/O: DATE: PROJECT NUMBER (If any): Project Name: 1. The undersigned, having executed a Contract with the for the construction of the above-identified project acknowledges that: (a) The Labor Standards provisions are included in the aforesaid Contract. (b) Correction of any infractions of the aforesaid conditions, including infractions by any of his subcontractors and any lower tier subcontractors, is his responsibility. 2. He certifies that: (a) Neither he nor any firm, partnership or association in which he has substantial interest is designated as an ineligible contractor by the Comptroller General of the United States pursuant to Section 5.6(b) of the Regulations of the Secretary of Labor, Part 5 (29 CFR, Part 5) or pursuant to Section 3(a) of the Davis-Bacon Act, as amended (40 U.S.C. 276a-2(a)). (b) No part of the aforementioned Contract has been or will be subcontracted to any subcontractor if such subcontractor or any firm, corporation, partnership or association in which such subcontractor has a substantial interest is designated as an ineligible contractor pursuant to any of the aforementioned regulatory or statutory provisions. 3. He agrees to obtain and forward to the aforementioned recipient within ten days after the execution of any subcontract, including those executed by his subcontractors and any lower tier subcontractors, a Subcontractor's Certification Concerning Labor Standards and Prevailing Wage Requirements executed by the subcontractors. 4. He certifies that: (a) The legal name and the business address of the undersigned are: (b) The undersigned is: (1) A SINGLE PROPRIETORSHIP (2) A PARTNERSHIP (3) A CORPORATION ORGANIZED IN THE STATE OF: (4) OTHER ORGANIZATION (Describe) Page 1 of 2 DEPARTMENT OF COMMUNITY DEVELOPMENT AND HOUSING COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM CONTRACTOR'S CERTIFICATION CONCERNING LABOR STANDARDS AND PREVAILING WAGE REQUIREMENTS (Continued) (c) The name, title and address of the owner, partners or officers of the undersigned are: 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 or 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 as a substantial interest are (If none, so state): NAME ADDRESS TRADE CLASSIFICATION (Contractor) DATE BY: WARNING U.S. Criminal Code, Section 1010, Title 18, U.S.C., provides in part: "Whoever makes, passes, utters or publishes any statement, knowing the same to be false shall be fined not more than $5,000 or imprisoned not more than two years, or both. Page 2 of 2 DEPARTMENT OF COMMUNITY DEVELOPMENT AND HOUSING COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM SUBCONTRACTOR'S CERTIFICATION CONCERNING LABOR STANDARDS AND PREVAILING WAGE REQUIREMENTS To: c/o: Date: Project Number: Project Name: 1. The undersigned, having executed a Contract with: for Contractor Nature of Work in the amount of$ in the construction of the above-identified project, certifies that: (a) The Labor Standards Provisions of the Contract for Construction are included in the aforesaid Contract; and, (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 Labor, Part 5 (29 CFR, Part 5), or pursuant to Section 3(a) of the Davis-Bacon Act, as amended (40 U.S.C. 276-2(a));and, (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 is designated as an ineligible contractor pursuant to the aforesaid regulatory or statutory provisions. 2. He agrees to obtain and forward to the contractor, for transmittal to the recipient, within ten (10) 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 on or about Date 3. He certifies that: (a) The legal name and the business address of the undersigned are: (b) The undersigned is: (1) A SINGLE PROPRIETORSHIP (2) A PARTNERSHIP (3) A CORPORATION ORGANIZED IN THE STATE OF: (4) OTHER ORGANIZATION (Describe) Page 1 of 2 DEPARTMENT OF COMMUNITY DEVELOPMENT AND HOUSING COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM SUBCONTRACTOR'S CERTIFICATION CONCERNING LABOR STANDARDS AND PREVAILING WAGE REQUIREMENTS (continued) (c) The name, title and address of the owner, partners or officers of the undersigned are: 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 contractor in which the undersigned has a substantial interest are (If none, so state): NAME ADDRESS TRADE CLASSIFICATION (Subcontractor) By (Signature) (Typed Name and Title) WARNING U.S. Criminal Code, Section 1010, Title 18, U.S.C.,provides in part: "Whoever makes, passes, 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 Page 2 of 2 07 THE FOLLOWING DOCUMENTS ARE EXAMPLES CERTIFICATE OF OWNER'S ATTORNEY We, the undersigned, the duly authorized and acting legal representative of do hereby certify as follows: I have examined the attached Contract(s) and surety bonds and the manner of execution thereof, and I am of the opinion that each of the aforesaid agreements has been duly executed by the proper parties thereto acting 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 constitute valid and legally binding obligations upon the parties executing the same in accordance with terms, conditions and provisions thereof. Signed Date 39 U.S. Department of Housing OMB Approval No.2501-0009 and Urban Development (exp.1/31/2000) Record of Office of Labor Relations Employee Interview Public reporting burden for this collection of information is estimated to average 15 minutes per response, including the time for reviewing instructions,searching existing data sources,gathering and maintaining the data needed,and completing and review the collection of information. This agency may not collect this information,and you are not required to complete this form,unless it displays a currently valid OMB control number. The information is collected to ensure compliance with the Davis-Bacon Act by recording interviews with construction workers. The information collected will assist HUD in the conduct of labor standards investigations in case there were falsifying of payroll records in underpayment of wages. The information collection is voluntary. Sensitive Information. The information collected on this form is considered sensitive and is protected by the Privacy Act. The Privacy Act requires that these records be maintained with appropriate administrative,technical,and physical safeguards to ensure their security and confidentiality. In addition,these records should be protected against any anticipated threats or hazards to their security or integrity which could result in substantial harm, embarrassment, inconvenience, or unfairness to any individual on whom the information is maintained. Contractor or Subcontractor(Employer) Project Number Project Name 1. Name of Employee 2. Home Address and Zip Code 3a. Last date you worked on project before today 3b.Number of hours worked on project on that date 4. Your hourly pay rate N 5. Your job classification(s)(list all)(continue any answers on a separate sheet if necessary) Apprentice? Yes o 6. Your duties 7. Tools or equipment used 8. Paid at lease time and one-half for all hours worked in excess of 40 in a week? Inapplicable Yes No (If overtime premium pay is not required,check"inapplicable") 9. Ever threatened,intimidated,or coerced into giving up any part of pay? Yes No 10. Duties observed by Interviewer Conform to Classification? Yes No 11. Remarks(Continue on a separate sheet if needed) 12. Signature of Interviewer Date of interview Payroll Examination 13. Remarks(Continue on a separate sheet if needed) 14. Signature of Payroll Examiner Date Previous editions are obsolete. form HUD-11(5/93) 40 6 0 E E (D 2 LU z a CL a) § \ 0 / / k 9 CO k Z m � E 22 § W = a C < C 7 z .m ® o r ® [ & § LU / 0 ± e \ _ m k m � �_ / « ° LL \ 2 0- . \ z a g O e 2 LL Q n U 7 -i U. E E 0- 7 W / U E E 0 ƒ 2 / _0 E = E 2 a / Q) L m y I 2 3 2 ƒ ƒ W g b 0 k m % 7 R En m E � ' E E 2 2 w = £ . \ £ : 7 £ 2 2 w w \ te e = e n = e U U U E / w i \ ƒ § / ƒ % / 2 ± D ± z 0- w < T- L w « z a_ » 4 y O O ƒ _ ƒ � *Complete this form if person other than owner is signing certified payroll/compliance documentation. CERTIFICATION OF UNDERSTANDING AND AUTHORIZATION PROJECT NAME: PROJECT NUMBER: This is to certify that the principals and the authorized payroll officer, below, have read and understand the Minutes of the Pre-construction Conference and the labor standards clauses pertaining to the subject project. The following person(s) is designated as the payroll officer for the undersigned and is authorized to sign the Statement of Compliance, which will accompany our weekly, certified payroll reports for this project: Payroll Officer(Name) Payroll Officer(Signature) (Contractor/Subcontractor) by (Signature) (Title) (Date) (Contractor/Subcontractor License No.) 42 * §\}) DZ . } I ! , i § z \ : ODZ ) � \ � \/z \ Z5 \ \ \ - _ O C,& @ � A / \ \ \ ` \! } 0 LL / �\ / } ®?©(\ \/ \ :§ %/{ / .!_ §/\ j(\ ) 0§§ LU\) \ <�� D \2\ \ �§ 44° & { INSTRUCTIONS FOR PREPARATION OF STATEMENT OF COMPLIANCE This statement of compliance meets needs resulting from the amendment of the Davis-Bacon Act to include fringe benefits provisions. Under this amended law, the contractor is required to pay fringe benefits as predetermined by the Department of Labor, in addition to payment of minimum rates. The contractor's obligation to pay fringe benefits may be met by payment of the fringes to the various plans, funds, or programs, or by making these payments to the employees as cash in lieu of fringes. The contractor should show on the face of his payroll all monies paid to the employees whether as basic rates or as cash in lieu of fringes. The contractor shall represent in the statement of compliance that he is paving to others fringes required by the contract and not paid as cash in lieu of fringes. Detailed instructions follow: Contractors who pay all required fringe benefits: A contractor who pays fringe benefits to approved plans, funds, or programs in amounts not less than were determined in the applicable wage decision of the Secretary of Labor shall continue to show on the face of his payroll the basic cash hourly rate and overtime rate paid to his employees, just as he has always done. Such a contractor shall check paragraph 4(a) of the statement to indicate that he is also paying to approved plans, funds, or programs not less than the amount predetermined as fringe benefits for each craft. Any exception shall be noted in Section 4(c). Contractors who pay no fringe benefits: A contractor who pays no fringe benefits shall pay to the employee and insert in the straight time hourly rate column of his payroll an amount not less than the predetermined rate for each classification plus the amount of fringe benefits determined for each classification in the applicable wage decision. Inasmuch as it is not necessary to pay time and a half on cash paid in lieu of fringes, the overtime rate shall be not less than the sum of the basic predetermined rate, plus the half-time premium on the basic or regular rate plus the required cash in lieu of fringes at the straight time rate. To simplify computation of overtime, it is suggested that the straight time basic rate and cash in lieu of fringes be separately stated in the hourly rate column. In addition, the contractor shall check paragraph 4(b) of the statement to indicate that he is paying fringe benefits in cash directly to his employees. Any exceptions shall be noted in Section 4(c). Use of Section 4(c) Exceptions Any contractor who is making payment to approved plans, funds, or programs in amounts less than the wage determination requires is obliged to pay the deficiency directly to the employees as cash in lieu of fringes. Any exceptions to Section 4(a) or 4(b), whichever the contractor may check, shall be entered in Section 4(c). Enter in the Exception column the craft, and enter in the Explanation column the hourly amount paid the employees as cash in lieu of fringes, and the hourly amount paid to plans, funds, or programs as fringes. dd Department of Labor Form Approved. Wage and Hour Division Budget Bureau No."-R1093 STATEMENT OF COMPLIANCE Date ,do hereby state: (Name of signatory party) (Title) (1) That I pay or supervise the payment of the persons employed by(Contractor or Subcontractor) on the (Project) ,that during the payroll period commencing on the day of 2 ,and ending on the day of ,2 , all persons employed on said project have been paid the full weekly wages earned; that no rebates have been or will be made either directly or indirectly to or on behalf of said from the full weekly wages earned by any person; and (Contractor or Subcontractor) that no deductions have been made either directly or indirectly from the full wages earned by any person, other than permissible deductions as defined in Regulations, Part 3(29 CFR Subtitle A), issued by the Secretary of Labor under the Copeland Act, as amended (48 Stat. 948; 63 Stat. 108; 72 Stat. 967; 76 Stat. 357; 40 U.S.C. 276c),and described below: (2) That any payrolls otherwise under this contract required to be submitted for the above period are correct and complete; that the wage rates for laborers or mechanics contained therein are not less than the applicable wage rates contained in any wage determination incorporated into the contract;that the classifications set forth therein for each laborer or mechanic confirm with the work performed. (3) That any apprentices employed in the above period are duly registered in a bona fide apprenticeship program registered with a State apprenticeship agency recognized by the Bureau of Apprenticeship and Training,United States Department of Labor,or if no such recognized agency exists in a State,are registered with the Bureau of Apprenticeship and Training,United States Department of Labor. (4) That: (a) WHERE FRINGE BENEFITS ARE PAID TO APPROVED PLANS,FUNDS,OR PROGRAMS D In addition to the basic hourly wage rates paid to each laborer or mechanic listed in the above referenced payroll payments of fringe benefits as listed in the contract have been or will be made to appropriate programs for the benefit of such employees,except as noted in Section 4(c)below. (b) WHERE FRINGE BENEFITS ARE PAID IN CASH ❑ Each laborer or mechanic listed in the above referenced payroll has been paid as indicated on the payroll, an amount not less than the sum of the applicable basic hourly wage rate plus the amount of the required fringe benefits as listed in the contract,except as noted in Section 4(c)below. (c) EXCEPTIONS EXCEPTIONS CRAFT Remarks Name and Title Signature The willful falsification of any of the above statements may subject the contractor or subcontractor to civil or criminal prosecution. See Section 1001 of Title 18 and Section 231 of Title 31 of the Unites States Code. Form W H-348(1168)Purchase this form directly from the Supt.of Documents AC 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 , 20 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; or b. If said Bid shall be accepted and the Principal shall execute and deliver a contract in the in accordance with said Bid and form of a contract attached hereto (properly completed ) shall furnish a bond for his faithful performance of said contract, and shall in all other respects perform the agreement created by the acceptance of said Bid, then this obligation shall be void; otherwise, the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation 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 hereby waive notice of any such extension. Page 1 of 2 A, 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. (L.S.) Principal By: SEAL Page 2 of 2 An FORM OF PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That we a hereinafter called "Principal" and 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 , 20 , a copy of which is hereto attached and made a part hereof for the construction of- NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions, and agreements of said contract during the original term thereof, and any extensions thereof which may be granted by the Owner, with or without notice to the Surety, and if he shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless the Owner from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any default, then this obligation shall be void: otherwise, to remain in full force and effect. PROVIDED, FURTHER that the said Surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications 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. Page 1 of 2 nn PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. IN WITNESS WHEREOF, this instrument is executed in six (6) counterparts, each one of which shall be deemed an original, this the day of 20 ATTEST: Principal (Principal) Secretary (SEAL) By: (Address) Witness as to Principal Surety ATTEST: (Surety) Secretary (SEAL) By: Attorney-in-fact Witness as to Surety (Address) (Address) NOTE: Date of Bond must not be prior to date of Contract. Page 2 of 2 IQ 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, 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 , 20 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 otherwise, 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 Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. Page 1 of 2 tin IN WITNESS WHEREOF, this instrument is executed in six (6) counterparts, each one of which shall be deemed an original, this the day of 20 ATTEST: Principal (Principal) Secretary (SEAL) By: (Address) Witness as to Principal Surety ATTEST: (Surety) Secretary (SEAL) By: Attorney-in-fact (Address) Witness as to Surety (Address) Page 2 of 2 7-1