HomeMy WebLinkAbout2006-312
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RESOLUTION NO. 2006-312
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.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION I. The Mayor of the City of San Bernardino is hereby authorized to
execute a contractual agreement with the County of San Bernardino, and the Authority for the
Handicapped using County CDBG Funds to provide facility improvements to the Center for
Individual Development (C.LD.) and the North Norton Center. A copy of the Contract is
attached hereto as Exhibit A and incorporated herein.
SECTION 2. Any amendment or modification thereto shall not take effect or become
operative until fully signed and executed by the parties and no party shall be obligated
hereunder until the time of such full execution. No oral agreements, amendments,
modifications or waivers are intended or authorized and shall not be implied from any act or
course of conduct of any party. This resolution is rescinded if the parties to the contract fail to
execute it within sixty (120) days of the passage of this resolution.
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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.
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor
and Common Council ofthe City of San Bernardino at a joint regular meeting thereof,
held on the 5th day of September, 2006, by the following vote, to wit:
Council Members:
AYES
NAYS
ABSTAIN
ABSENT
ESTRADA
x
BAXTER
x
VACANT
DERRY
x
KELLEY
x
JOHNSON
x
McCAMMACK
x
2006.
~l;:,~rk
The foregoing resolution is hereby approved this 1.}h., day of September,
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Wtndy McCammack, Mayor Pro Tern
City of San Bernardino
Approved as to form:
James Attorney
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REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY, CALIFORNIA
AND RECORD OF ACTION
November 21,2006
FROM: PATRICIA COLE, Deputy Administrative Officer, Economic Development Agency
Department of Community Development and Housing
SUBJECT: CONTRACT WITH THE CITY OF SAN BERNARDINO AND THE AUTHORITY
FOR THE HANDICAPPED FOR FACILITY IMPROVEMENTS - FIFTH DISTRICT
RECOMMENDATION: Approve Agreement No. 06-1130 with the City of San Bernardino and
the Authority for the Handicapped in the amount of $181,500 for roof and HVAC improvements at
the Center for Individual Development (CID) and North Norton Community Center, and for
maintenance and operation of the facilities.
BACKGROUND INFORMATION: Each year the County receives an entitlement grant under the
Community Development Block Grant (CDBG) program to allow the funding of activities that
benefit low-and moderate-income persons. During the preparation of the County's annual CDBG
program application, interested groups, including community-based organizations, submit
applications to receive funding for specific projects. After an initial evaluation by the Department
of Community Development and Housing (CDH) staff concerning CDBG program eligibility,
project proposals are submitted to the Board of Supervisors for funding consideration. The list of
approved project proposals is submitted to the U.S. Department of Housing and Urban
Development (HUD) in the form of an annual CDBG Action Plan under the County's five-year
Consolidated Plan. As part of the December 6, 2005 Plan Modification to the 2005-2006 Action
Plan, (Item #81-K, L), the Board of Supervisors 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 located at 8088 Palm Lane, San Bernardino, CA; and ninety four
thousand dollars ($94,000) for the rehabilitation of the roof and roof canopy at the North Norton
Community Center located at 24424 Monterey Ave., San Bernardino, CA. The Center for
Individual Development and the North Norton Community Center provide programs and services
to severely disabled adults and seniors in the community of North Norton and surrounding areas.
Under this contract, maintenance and operation of the facility will be provided by the Authority for
the Handicapped at their sole expense for not less than fifteen (15) years following the completion
of the facility improvements. The City of San Bernardino will provide construction management
services for this project. The contract specifies the terms and assurances necessary for
compliance with County requirements and CDBG program regulations.
Page 1 of 2
File: wi Agreement
CC: CDH- Cole & Moore wi Agreement
Contractor(s) clo CDH wi Agreement
ACR- Mejico wi Agreement
ID8- wi Agreement
Risk Mgmt.
CDH- Larsen; Milian MOTION
County Counsel- Blakemore
CAO- Erickson
SECOND
5
ob,11-29-06
BY
DATED:
L
ITEM 047
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FOR COUNTY USE ONL Y
FAS
X New Vendor Code Dept. Contract Number
I-- SC A 0(0-11.;0
f- ChanQe CITYOFS772G ECO
Cancel
County Department Dept. Orgn. Contractor's License No.
~ommunity Development and Housing ECD PROJ.
County Department Contract Representative Telephone Total Contract Amount
PATRICIA M. COLE/Christopher Moore (909) 387-9803 $181,500
Contract Type
D Revenue [R] Encumbered o Unencumbered 0 Other:
If not encumbered or revenue contract type, provide reason:
Commodity Code Contract Start Date Contract End Date Original Amount Amendment Amount
SBA 11/21/06 11/21/2021 $181,500
Fund Dept. Organization Appr. ObjlRev Source GRC/PROJ/JOB No. Amount
SBA ECD PROJ 200 2005 2867 $87,500
SBA ECD PROJ 200 2005 2868 $94,000
Project Name Estimated Payment Total by Fiscal Year
1. North Norton: 2. North Norton:
Reconstruction of Roof, Canopy Reconstruction of Roof and Canoov at the FY Amount liD
and HVAC at CID Facility and Annex North Norton Community Center 1. 2006-2007 $87.500
CDH Proiect #21 8-31103/2867 CDH Proiect #21 8-321 03/2868 2. 2006-2007 $94.000 -
Contract Type 2(g) Contract Type 2(g)
County of San Bernardino
CONTRACT TRANSMITTAL
CONTRACTOR
FederallD No. or Social Security No.
Contractor's Representative
'Authority for the Handicapped/"City of San Bernardino
'95-6303015/"95-6000772
*Ken Joswiak, Director
"James Sharer, Director, Facilities Management, City of San Bernardino
'8088 Palm Lane, San Bernardino, CA 92410 Phone '(909) 384-5426
"300 North D St., San Bernardino, CA 92418 "(909) 384-5244
Address
Nature of Contract:
This Contract, between the County of San Bernardino, the City of San Bernardino arid the Authority for the Handicapped provides one
hundred eighty one thousand five hundred doliars ($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
wili 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 doliars ($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 fundin9 for this component is ninety four thousand doliars ($94,000).
Maintenance and operation of CID, its annex and the North Norton Community Center wili be provided by Authority for the Handicapped at
their sole expense for no less than fifteen (15) years foliowlng 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.)
Date
Reviewed as to Contract Compliance
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li'/06
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D rtment Head
Date
Date
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Auditor/Controller-Recorder Use Onl
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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 21st day of November, 2006, 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 BUD 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 ofroof, roof canopy and
HV AC 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 hereinafterreferred to as "FACILITIES".
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2006-312
2. SCOPE OF PROJECT
CITY shaH manage and direct the construction of improvements, to include the rehabilitation of roof, roof
canopy and HV AC system, hereinafter referred to as "IMPROVEMENTS". Construction will include two
components. The first component wiH include the rehabilitation of roof (not including roof of the pool area,
which wiH be contracted and funded separately by the City of San Bernardino), reconstruction of roof canopy
and rehabilitation of the HV AC system at the Cll 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.
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Additional improvements may be included only after written Contract between CITY, AUTHORITY and
COUNTY. The actual scope of IMPROVEMENTS may not include aH items identified herein, but shaH be
limited to the amount of CDBG funding identified in Section 4, FUNDING.
AUTHORITY shaH 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 shaH 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 shaH 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 shaH provide CDBG funds in an amount not to exceed one hundred eighty one thousand five
hundred doHars ($181,500) for the purpose of constructing IMPROVEMENTS to FACILITIES. Said
COUNTY CDBG amount shaH be limited to eighty seven thousand five hundred dollars ($87,500) for Cll
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 shaH 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 actlvl!1es 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 lof 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'
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2006-312
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 BUD 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 BUD representatives, may be relevant to a question of compliance with
contractual conditions, BUD 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 Employme~t Act, County Policy
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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.
II. 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, "COUNTY 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. INDEMNlFICATION
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
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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
bylaw.
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 REOUIREMENTS
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 Liabilitv 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 Liabilitv Insurance. and Transportation Liabilitv - 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 Liabilitv Insurance - Combined single limits of $1,000,000 for bodily injury
and property damage and $ 3,000,000 in the aggregate or
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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 perfOlmance 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-Contributorv - 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 REOUIREMENTS
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.
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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
Page 7 of 10
, ,
, .
2006-312
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,
HYPOTHECA nON 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 ofnon-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 anyone 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 8 oflO
, . 2006-312
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:
AUTHORITY
Authority for the Handicapped
8088 Palm Lane
San Bernardino, CA 92410
CITY
City of San Bernardino
Department of
Facilities Management
300 North '0' Street
San Bernardino, CA 92410
COUNTY
County of San Bernardino
Department of Community
Development and Housing
290 N. "0" St., Sixth Floor
San Bernardino, CA 92415-0040
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)
III
III
III
III
III
III
III
III
III
III
III
Page 9 ofl0
. 2006-312
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.
::UNTYOF S2:~ _
BILL pos~rman
Board of Supervisors
Date: .. ! 1 ~6
By:
\:.
~~12:!]1lCi
Date:
a~;';j;/~
~~endY I'lcCarnmack,
Mayor Pro Tern
Date: i<r/ 7, }LlD!.
.
APPROVED AS TO LEGAL FORM
Date: ..).~__'~L (. '-- ",-
~I
'ITEm 47 O{Q - II JO
APPROVED AS TO LEGAL FORM AUTHORITY FOR THE HANDICAPPED
DBH'l<'f3'.Y}d:ll.ffiR ~,t.~~ BY:.LJ p/J'1;f#
lBterim. CB~n~ CB~u!'c1-1-'c11"'i ~ DANNY TILLMAN, Chairman
. Board of Dir;rtoi
. Date: Av I 6 ;;2(fJ t
Date: /IJ~ ).r~dt,
ComdevITemp/Cathy/06 Agree/06 Authority for the Handicapped (2) Projects
03/07/06/CM/cb
Page 10 of 10
2006-312
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 1 of 1
. 2006-312
Exhibit
2 of 4
Attachment C
COUNTY OF SAN BERNARDINO
DEPARTMENT OF COMMUNITY DEVELOPMENT AND HOUSING
COORDINATION PROCEDURES
1. 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
21)06-312
B. Design Phase
1. CITY: Monitors preparation of preliminary plans by architect.
2. CITY: Notifies CDH of all public meetings with architect five working days before event.
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
2006-312
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: I) 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.
II. 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
2006-312
22.
CITY: Notifies CDH of all meetings regarding CDH projects, such as Design Conferences,
Public Meetings, meetings with Community Development Advisory Conunission, 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".
IV. CITY must ensure compliance with the following regulations and statutes, as amended, in carrying out CDBG
funded activities:
A. Conununity Development Block Grant Regulations of the Housing and Conununity Development Act
of 1974, as amended (24 CFR 570).
B. Applicable Uniform Administrative Requirements:
I) Office of Management and Budget Circular A-87
2) Office of Management and Budget Circular A-128
3) 24 CFR Part 85
C. Applicable Uniform Administrative Requirements for Subrecipients that are not Governmental
Entities:
I) Office of Management and Budget Circular A-I 10
2) Office of Management and Budget Circular A-122
Page 4 of5
2006-312
3)
24 CFR Part 84
D. Federal Labor Standards Compliance Handbook No. 1344.1 REV -I including:
I) Davis-Bacon Act (40 V.S.C. 276a to a-7)
2) Contract Work Hours and Safety Standards Act (40 V.S.C. 327-330)
3) Copeland Act (18 V.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 V.S.C. 4001-4128)
H. Archaeological and Historic Preservation Act of 1974
1. Rehabilitation Act of 1973, as amended
J. Americans With Disabilities Act
K. Clean Air Act (42 V.S.c. 7401 et. seq.)
L. Clean Water Act (33 V.S.c. 1368)
M. Section 3 Regulations of the Housing and Vrban Development Act of 1968, Title 24CFR, Part 135 (12
V.S.C. 1701u)
N. Title VI of the Civil Rights Act of 1964, as amended (42 V.S.C. 2000d et. seq.)
O. Fair Housing Act (42 V.S.C. 3601-20)
P. Vniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (42
V.S.c. 4601-4655)
Q. Hatch Act
R. Lead Based Paint Poisoning Prevention Act (42 V.S.C. 4831(b))
Page 5 of 5
2006-312
Exhibit 3 of 4
A TT ACHMENT "D"
CDH CONSTRUCTION CONTRACT
PROVISIONS
(AS INSERT)
, . 2006-312
A TT ACHMENT "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
Certification 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
BLANK PAGE................................................................................ .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
2006-312
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 "
2006-312
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 "En Minority and Women Owned Business Enterprise
Participation
[ ] 9. Bidder/Subcontractor's Certification regarding Equal Employment
[ ] 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
2006-312
DEPARTMENT OF COMMUNITY DEVELOPMENT AND HOUSING
CONSTRUCTION CONTRACT PROVISIONS
The 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. EOUAL 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 1012
1
. 2006-312
DEPARTMENT OF COMMUNITY DEVELOPMENT AND HOUSING
CONSTRUCTION CONTRACT PROVISIONS
(Continued)
III. BONDING AND INSURANCE REOUIREMENTS
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.
Page 2 012
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
this contract pertains is being assisted by the United States of
America and the following Federal labor Standards Provisions are
included in this Contract pursuant to the provisions applicable to
such Federal assistance.
A. 1. (i) Minimum Wages. All laborers and mechanics employed or
working upon the site of the work will be paid unconditionally and
not less often than once a week, and without subsequent deduction
or rebate on any account (except such payroll deductions as are
permitted by regulations issued by the Secretary of labor under the
Copeland Act (29 CFR Part 3), the full amount of wages and bona
fide fringe benefits (or cash equivalents thereof) due at time of
payment computed at rates not less than those contained in the
wage detenmination of the Secretary of labor which is attached
hereto and made a part hereof, regardless of any contractual
relationship which may be alleged to exist between the contractor
and such laborers and mechanics. Contributions made or costs
reasonably anticipated for bona fide fringe benefits under Section
l(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics
are considered wages paid to such laborers or mechanics, subject
to the provisions of 29 CFR 5.5(a)(1 )(iv); also, regular contributions
made or costs incurred for more than a weekly period (but not less
often than quarterly) under plans, funds, or programs, which cover
the particular weekly period, are deemed to be constructively made
or incurred during such weekly period.
Such laborers and mechanics shall be paid the appropriate wage
rate and fringe benefits on the wage detenmination for the classi-
fication of work actually performed, without regard to skill, except
as provided in 29 CFR 5.5(a)(4). laborers or mechanics performing
work in more than one classification may be compensated at the
rate specified for each classification for the time actually worked
therein: Provided, That the employer's payroll records accurately
set forth the time spent in each classification in which work is
perfonmed. The wage determination (including any additional
ciassification and wage rates confonmed under 29 CFR 5.5(a)(1)(ii)
and the Davis-Bacon poster (WH-1321) shall be posted at all times
by the contractor and its subcontractors at the site of the work in a
prominent and accessible, place where it can be easily seen by the
workers.
(ii) (a) Any class of laborers or mechanics which is not listed in the
wage detenmination and which is to be employed under the
contract shall be classified in confonmance with the wage deter-
mination. HUD shall approve an additional classification and wage
rate and fringe benefits therefor only when the following criteria
have been met:
(1) The work to be perfonmed by the classification requested is not
performed by a classification in the wage detenmination; and
(2) The classification is utilized in the area by the construction
industry; and
(3) The proposed wage rate, including any bona fide fringe ben-
efits, bears a reasonable relationship to the wage rates contained
in the wage determination.
(b) If the contractor and the laborers and mechanics to be em-
ployed in the classification (if known), or their representatives, and
HUD or its designee agree on the classification and wage rate
(including the amount designated for fringe benefits where
appropriate), a report of the action taken shall be sent by HUD or
its designee to the Administrator of the Wage and Hour Division,
Employment Standards Administration, U.S. Department of labor,
Washington, D.C. 20210. The Administrator, or an authorized
representative, will approve, modify, or disapprove every additional
classification action within 30 days of receipt and so advise HUD
or its designee or will notify HUD or its designee within the 3D-day
period that additional time is necessary. (Approved by the Office of
Management and Budget under OMB control number 12150140.)
(c) In the event the contractor, the laborers or mechanics to be
employed in the classification or their representatives, and HUD or
its designee do not agree on the proposed classification and wage
rate (including the amount designated for fringe benefits, where
appropriate), HUD or its designee shall refer the questions,
including the views of all interested parties and the recommenda-
tion of HUD or its designee, to the Administrator for detenmination.
The Administrator, or an authorized representative, will issue a
detenmination within 30 days of receipt and so advise HUD or its
designee or will notify HUD or its designee within the 30-day period
that additional time is necessary. (Approved by the Office of
Management and Budget under OMB Control Number 12150140.)
(d) The wage rate (including fringe benefits where appropriate)
detenmined pursuant to subparagraphs (1 )(ii)(b) or (c) of this para-
graph, shall be paid to all workers performing work in the classifi-
cation under this contract from the first day on which work is per-
fonmed in the classification.
(iii) Whenever the minimum wage rate prescribed in the contract
for a class of laborers or mechanics includes a fringe benefit which
is not expressed as an hourly rate, the contractor shall either pay
the benefit as stated in the wage detenmination or shall pay an-
other bona fide fringe benefit or an hourly cash equivalent thereof.
(iv) If the contractor does not make payments to a trustee or other
third person, the contractor may consider as part of the wages of
any laborer or mechanic the amount of any costs reasonably
anticipated in prOViding bona fide fringe benefits under a plan or
program, Provided, That the Secretary of labor has found, upon the
written request of the contractor, that the applicable standards of the
Davis-Bacon Act have been met. The Secretary of labor may
require the contractor to set aside in a separate account assets for
the meeting of obligations under the plan or program. (Approved
by the Office of Management and Budget under OMB Control
Number 1215-0140.)
2. Withholding. HUD or its designee shall upon its own action or
upon written request of an authorized representative of the De-
partment of labor withhold or cause to be withheld from the con-
tractor under this contract or any other Federal contract with the
same prime contractor, or any other Federally-assisted contract
subject to Davis-Bacon prevailing wage requirements, which is
held by the same prime contractor so much of the accrued pay-
ments or advances as may be considered necessary to pay la-
borers and mechanics, including apprentices, trainees and help-
ers, employed by the contractor or any subcontractor the full
amount of wages required by the contract. In the event of failure to
pay any laborer or mechanic, including any apprentice, trainee or
helper, employed or working on the site of the work, all or part
Previous edition is obsolete
Page 1 of 4
form HUD-4010 (07/2003)
ref. Handbook 1344.1
::\
of the wages required by the contract, HUD or its designee may,
after written notice to the contractor, sponsor, applicant, or owner,
take such action as may be necessary to cause the suspension of
any further payment, advance, or guarantee of funds until such
violations have ceased. HUD or its designee may, after written
notice to the contractor, disburse such amounts withheld for and
on account of the contractor or subcontractor to the respective
employees to whom they are due. The Comptroiler General shail
make such disbursements in the case of direct Davis-Bacon Act
contracts.
3. (i) Payrolls and basic records. Payroils and basic records
relating thereto shail be maintained by the contractor during the
course of the work preserved for a period of three years thereafter
for ail laborers and mechanics working at the site of the work.
Such records shail contain the name, address, and social security
number of each such worker, his or her correct classification,
hourly rates of wages paid (including rates of contributions or costs
anticipated for bona fide fringe benefrts or cash equivalents thereof
of the types described in Section l(b)(2)(B) of the Davis-bacon
Act), daily and weekly number of hours worked, deductions made
and actuai wages paid. Whenever the Secretary of Labor has
found under 29 CFR 5.5 (aX1)(iv) that the wages of any laborer or
mechanic include the amount of any costs reasonably anticipated in
providing benefits under a plan or program described in Section
l(b)(2)(B) of the Davis-Bacon Act, the contractor shail maintain
records which show that the commitment to provide such benefits
is enforceable, that the plan or program is financiaily responsible,
and that the pian or program has been communicated in writing to
the laborers or mechanics affected, and records which show the
costs anticipated or the actual cost incurred in providing such
benefits. Contractors employing apprentices or trainees under
approved programs shail maintain written evidence of the
registration of apprenticeship programs and certification of trainee
programs, the registration of the apprentices and trainees, and the
ratios and wage rates prescribed in the applicable programs.
(Approved by the Office of Management and Budget under OMB
Control Numbers 1215-0140 and 1215-0017.)
(ii) (a) The contractor shail submit weekly for each week in which
any contract work is performed a copy of ail payroils to HUD or its
designee if the agency is a party to the contract, but if the agency is
not such a party, the contractor will submit the payroils to the
applicant sponsor, or owner, as the case may be, for transmission
to HUD or its designee. The payroils submitted shail set out ac-
curately and completely ail of the information required to be main-
tained under 29 CFR 5.5(a)(3)(i).This information may be submit-
ted in any form desired. Optional Form WH-347 is avaiiable for
this purpose and may be purchased from the Superintendent of
Documents (Federal Stock Number 029-005-00014-1), U.S. Gov-
emment Printing Office, Washington, DC 20402. The prime con-
tractor is responsible for the submission of copies of payroils by ail
subcontractors. (Approved by the Office of Management and
Budget under OMB Controi Number 1215-0149.)
(b) Each payroil submitted shail be accompanied by a "Statement
of Compliance," signed by the contractor or subcontractor or his or
her agent who pays or supervises the payment of the persons
empioyed under the contract and shail certify the foilowing:
(1) That the payroil for the payroll period contains the information
required to be maintained under 29 CFR 5.5 (a)(3)(i) and that
such information is correct and complete;
(2) That each laborer or mechanic (including each helper, ap-
prentice, and trainee) employed on the contract during the payroil
period has been paid the full weekly wages earned, without rebate,
either directly or indirectly, and that no deductions have been made
either directly or indirectly from the fuil wages earned, other than
permissible deductions as set forth In 29 CFR Part 3;
(3) That each laborer or mechanic has been paid not less than
the applicable wage rates and fringe benefits or cash equivalents
for the classification of work performed, as specified in the appli-
cable wage determination incorporated into the contract.
(c) The weekly submission of a properly executed certification set
forth on the reverse side of Optional Form WH-347 shail satisfy the
requirement for submission of the "Statement of Compliance"
required by subparagraph A.3.(ii)(b).
(d) The falsification of any of the above certifications may subject
the contractor or subcontractor to civil or criminal prosecution
under Section 1001 of Title 18 and Section 231 of Title 31 of the
United States Code.
(iii) The contractor or subcontractor shail make the records re-
quired under subparagraph A.3.(i) available for inspection, copy-
ing, or transcription by authorized representatives of HUD or its
designee or the Department of Labor, and shail permit such rep-
resentatives to interview employees during working hours on the
job. If the contractor or subcontractor fails to submit the required
records or to make them available, HUD or its designee may, after
written notice to the contractor, sponsor, applicant or owner, take
such action as may be necessary to cause the suspension of any
further payment, advance, or guarantee of funds. Furthermore,
failure to submit the required records upon request or to make
such records available may be grounds for debarment action pur-
suantto 29 CFR 5.12.
4. Apprentices and Trainees.
(i) Apprentices. Apprentices will be permitted to work at less than
the predetermined rate for the work they performed when they are
employed pursuant to and individuaily registered in a bona fide
apprenticeship program registered with the U.S. Department of
Labor, Employment and Training Administration, Office of
Apprenticeship Training, Employer and Labor Services, or with a
State Apprenticeship Agency recognized by the Office, or if a
person is employed in his or her first 90 days of probationary
employment as an apprentice in such an apprenticeship program,
who is not individuaily registered in the program, but who has been
certified by the Office of Apprenticeship Training, Employer and
Labor Services or a State Apprenticeship Agency (where
appropriate) to be eligible for probationary employment as an
apprentice. The allowable ratio of apprentices to journeymen on
the job site in any craft classification shail not be greater than the
ratio permitted to the contractor as to the entire work force under
the registered program. Any worker listed on a payroil at an ap-
prentice wage rate, who is not registered or otherwise employed
as stated above, shail be paid not less than the applicable wage
rate on the wage determination for the classification of work actu-
aily performed. In addition, any apprentice performing work on the
job site in excess of the ratio permitted under the registered
program shail be paid not less than the applicable wage rate on
the wage determination for the work actuaily performed. Where a
contractor is performing construction on a project in a locality other
than that in which its program is registered, the ratios and wage
rates (expressed in percentages of the journeyman's houriy rate)
specified in the contractor's or subcontracto(s registered program
shall be observed. Every apprentice must be paid at not less than
the rate specified in the registered program for the apprentice's
ievel of progress, expressed as a percentage of the
Previous edition is obsolete
Page 2 of4
form HUD-4010 (07/2003)
ref. Handbook 1344.1
.1
journeymen hourly rate specified in the applicabie wage determI-
nation. Apprentices shall be paid fringe benefits in accordance with
the provisions of the apprenticeship program. If the apprenticeship
program does not specify fringe benefits, apprentices must be paid
the full amount of fringe benefits listed on the wage determination
for the applicable ciassification. If the Administrator determines that
a different practice prevails for the applicable apprentice
classification, fringes shall be paid in accordance with that
determination. In the event the Office of Apprenticeship Training,
Employer and Labor Services, or a State Apprenticeship Agency
recognized by the Office, withdraws approval of an apprenticeship
program, the contractor will no longer be permitted to utilize
apprentices at less than the applicable predetermined rate for the
work performed until an acceptable program is approved.
(ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not
be permitted to work at less than the predetermined rate for the
work performed unless they are employed pursuant to and
individually registered in a program which has received prior ap-
proval, evidenced by formal certification by the U.S. Department of
Labor, Employment and Training Administration. The ratio of
trainees to journeymen on the job site shall not be greater than
permitted under the plan approved by the Employment and Train-
ing Administration. Every trainee must be paid at not less than the
rate specified in the approved program for the trainee's level of
progress, expressed as a percentage of the journeyman hourly rate
specified in the applicable wage determination. Trainees shall be
paid fringe benefits in accordance with the provisions of the trainee
program. If the trainee program does not mention fringe benefits,
trainees shall be paid the full amount of fringe benefits listed on the
wage determination unless the Administrator of the Wage and
Hour Division determines that there is an apprenticeship program
associated with the corresponding journeyman wage rate on the
wage determination which provides for less than full fringe benefits
for apprentices. Any employee listed on the payroll at a trainee rate
who is not registered and participating in a training plan approved
by the Employment and Training Administration shall be paid not
less than the applicable wage rate on the wage determination for
the work actually performed. In addition, any trainee performing
work on the job site in excess of the ratio permitted under the
registered program shall be paid not less than the applicable wage
rate on the wage determination for the work actually performed. In
the event the Employment and Training Administration withdraws
approval of a training program, the contractor will no longer be
permitted to utilize trainees at less than the applicable
predetermined rate for the work performed until an acceptable
program is approved.
(Iii) Equal employment opportunity. The utilization of appren-
tices, trainees and journeymen under 29 CFR Part 5 shall be in
conformity with the equal employment opportunity requirements of
Executive Order 11246, as amended, and 29 CFR Part 30.
5. Compliance with Copeland Act requirements. The contrac-
tor shall comply with the requirements of 29 CFR Part 3 which are
inco"rporated by reference in this contract
6. Subcontracts, The contractor or subcontractor wili inserl in
any subcontracts the clauses contained in subparagraphs 1
through 11 of this paragraph A and such other clauses as HUD or
Its designee may by appropriate instructions require, and a copy of
the applicable prevailing wage decision, and aiso a clause re-
quiring the subcontractors to include these clauses in any lower tier
subcontracts. The prime contractor shall be responsible for the
compliance by any subcontractor or lower tier subcontractor with
all the contract clauses in this paragraph.
7. Contract termination; debarment. A breach of the contract
clauses in 29 CFR 5.5 may be grounds for termination of the con-
tract and for debarment as a contractor and a subcontractor as
provided in 29 CFR 5.12.
8. Compliance with Davis-Bacon and Related Act Requirements.
All rulings and interpretations of the Davis-Bacon and Related Acts
contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by
reference in this contract
9. Disputes concerning labor standards. Disputes arising out of
the iabor standards provisions of this contract shall not be subject
to the general disputes clause of this contract. Such disputes shall
be resolved in accordance with the procedures of the Department
of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the
meaning of this clause include disputes between the contractor (or
any of its subcontractors) and HUD or its designee, the U.S.
Department of Labor, or the employees or their representatives.
10, (i) Certification of Eligibility. By entering into this contract the
contractor certifies that neither it (nor he or she) nor any person or
firm who has an interest in the contractor's firm is a person or firm
ineligible to be awarded Government contracts by virtue of Section
3(a) of the Davis-Bacon Act or29 CFR 5.12(a)(1) orto be awarded
HUD contracts or participate in HUD programs pursuant to 24 CFR
Part 24.
(Ii) No part of this contract shall be subcontracted to any person
or firm ineligible for award of a Govemment contract by virtue of
Section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be
awarded HUD contracts or participate in HUD programs pursuant
to 24 CFR Part 24.
(Iii) The penalty for making false statements is prescribed in the
U.S. Criminal Code, 18 U.S.C. 1001. Additionally, U.S. Criminal
Code, Section 1 01 0, Title 18, U.S.C., "Federal Housing Adminis-
tration transactions", provides in part: 'Whoever, for the purpose of
. . . infiuencing in any way the action of such Administration
makes, utters or publishes any statement knowing the same to be
false._ shall be fined not more than $5,000 or imprisoned not more
than two years, or both."
11. Complaints, Proceedings, or Testimony by Employees. No
laborer or mechanic to whom the wage, salary, or other labor
standards provisions of this Contract are applicable shall be dis-
charged or in any other manner discriminated against by the Con-
tractor or any subcontractor because such employee has filed any
complaint or instituted or caused to be instituted any proceeding or
has testified or is about to testify in any proceeding under or
relating to the labor standards applicable under this Contract to his
employer.
B. Contract Work Hours and Safety Standards Act. The provi-
sions of this paragraph B are applicable only where the amount of
the prime contract exceeds $100,000. As used in this paragraph, the
terms "laborers" and "mechanics" include watchmen and guards.
(1) Overtime requirements. No contractor or subcontractor con-
tracting for any part of the contract work which may require or involve
the employment of laborers or mechanics shall require or permit any
such laborer or mechanic in any workweek in which he or she is
employed on such work to work in excess of 40 hours in such work-
week uniess such laborer or mechanic receives compensation at a
rate not less than one and one-half times the basic rate of pay for all
hours worked in excess of 40 hours in such workweek.
(2) Violation; liability for unpaid wages; liquidated damages.
In the event of any violation of the clause set forth in subpara-
Previous edition is obsolete
Page 3 of 4
form HUD.4010 (07/2003)
ref. Handbook 1344.1
5
graph (1) of this paragraph, the contractor and any subcontractor
responsible therefor shall be liable for the unpaid wages. In addi-
tion, such contractor and subcontractor shall be liable to the United
States (in the case of work done under contract for the District of
Columbia or a territory, to such District or to such territory), for
liquidated damages. Such liquidated damages shall be computed
with respect to each individual laborer or mechanic. including
watchmen and guards, employed in violation of the clause set forth
in subparagraph (1) of this paragraph, in the sum of $10 for each
calendar day on which such individual was required or permitted to
work in excess of the standard workweek of 40 hours without
payment of the overtime wages required by the clause set forth in
sub paragraph (1) of this paragraph.
(3) Withholding for unpaid wages and liquidated damages.
HUD or its designee shall upon Its own action or upon written
request of an authorized representative of the Department of Labor
withhold or cause to be withheld, from any moneys payable on
account of work performed by the contractor or subcontractor
under any such contract or any other Federal contract with the
same prime contract, or any other Federally-assisted contract
subject to the Contract Work Hours and Safety Standards Act
which is held by the same prime contractor such sums as may be
determined to be necessary to satisfy any liabilities of such con-
tractor or subcontractor for unpaid wages and liquidated damages as
provided In the clause set forth in subparagraph (2) of this
paragraph.
Previous edition is obsolete
(4) Subcontracts. The contractor or subcontractor shall insert in
any subcontracts the clauses set forth In subparagraph (1) through
(4) of this paragraph and also a clause requiring the subcontractors
to Include these clauses in any lower tier subcontracts. The prime
contractor shall be responsible for compliance by any subcontractor
or lower tier subcontractor with the clauses set forth in
subparagraphs (1) through (4) of this paragraph.
C. Health and Safety. The provisions of this paragraph C are ap-
plicable only where the amount of the prime contract exceeds
$100,000.
(1) No laborer or mechanic shall be required to work in surround-
Ings or under working conditions which are unsanitary, hazardous,
or dangerous to his health and safety as determined under
construction safety and health standards promulgated by the Sec-
retary of Labor by regulation.
(2) The Contractor shall comply with all regulations issued by the
Secretary of Labor pursuant to Title 29 Part 1926 and failure to
comply may result in Imposition of sanctions pursuant to the Con-
tract Work Hours and Safety Standards Act, 40 USC 3701 et sea.
(3) The Contractor shall include the provisions of this paragraph
In every subcontract so that such provisions will be binding on
each subcontractor. The Contractor shall take such action with
respect to any subcontract as the Secretary of Housing and
Urban Development or the Secretary of Labor shall direct as a
means of enforcing such provisions.
Page 4 of 4
form HUD-4010 (07/2003)
ref. Handbook 1344.1
6
Insert Davis-Bacon Wage Determination
7
AFFIRMATIVE ACTION COMPLIANCE
GUIDELINES FOR CONSTRUCTION AND
NON-CONSTRUCTION CONTRACTORS
'11111 '
Page 1 019
8
IMPLEMENTING ENTITIES
AFFIRMATIVE ACTION COMPLIANCE GUIDELINES FOR
CONSTRUCTION AND NON-CONSTRUCTION CONTRACTORS
These Affirmative Action Compliance Guidelines have been
designed to provide the Implementing Entity with information
pertaining to the contractor's work force. It is the intent of
these guidelines to insure that equal opportunity for
employment is practiced by the contractor without regard to
race, age, color, sex, religion, ancestry, national origin,
marital status, or handicap. These guidelines provide the
minimum information necessary to prepare an Affirmative
Action Plan that will comply with Federal regulations
regarding Affirmative Action for federally assisted projects. In
the event that the Affirmative Action Compliance Program of
the implementing entity address these minimum guidelines,
that program may be utilized. Contractors are urged to
contact the Affirmative Action Officer of the implementing
entity for any necessary technical assistance in preparing
their Affirmative Action Plan if they are considering bidding
under this contract.
C. Exemptions:
The following persons/contracts (as defined by the
implementing entity's Contract Compliance Officer)
shall be exempt from this program:
1. Sole Source
2. Emergency Requisitions
3. Contracts which have been executed by the
4. Churches
Any contractor who feels qualified for an exemption
should contact the Contract Compliance Officer for
verification.
I. AFFIRMATIVE ACTiON COMPLIANCE PROGRAM
A. The Affirmative Action program embodies the
following principals:
II. METHOD FOR SATISFYING AFFIRMATIVE ACTiON
PLAN
1. Discrimination because of race, color, age, sex,
religion, ancestry, national origin, marital status,
or handicapped status is insistent with the
constitution, laws, and policies of the United
States, State of California and County of San
Bernardino.
A. Affirmative
contractors
methods:
Action Plan for CONSTRUCTION
can be met by one of the following
1. Prior to being awarded the contract, the contractor
must have both of the following documents
approved by the implementing entity Contract
Compliance Officer.
2. In accordance with Executive Order 11246, the
implementing entity is committed to insuring that
there be no discrimination by vendors, contractors
(including professional services and consultants),
lessors, or lessees doing business with the
implementing entity.
a. A statement of the contractor's Affirmative
Action Policy including methods of recruiting
minorities and women. If the contractor does
not have an Affirmative action Policy, the
attached model policy may be adopted by the
contractor.
B. Contractors required to file an Affirmative Action
Plan.
1. All contractors who are submitting to the
Implementing entity a bid or offer on a
CONSTRUCTION CONTRACT and who are
doing business in the amount of $10,000 or more
with the implementing entity in anyone fiscal year
or employ ten (10) or more employees, must have
an approved Affirmative Action Plan unless
exempt, prior to the award of such contract.
b. The "Contract Compliance Qualifying Report
for Construction Contractor" (attached).
2. Evidence of a currently approved Federal or State
of California Affirmative Action Plan.
3. Certificate of Annual prequalification issued by the
implementing entity Contract Compliance Officer.
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
NONCONSTRUCTION CONTRACT in the
amount of $10,000.00 or more, must have an
approved Affirmative Action Plan unless exempt,
prior to the award of such contract or business.
3. All subcontractors rendering services or supplies
to the contractor in the amount of $10,000.00 or
more, must have an approved Affirmative action
Plan unless exempt, before the subcontractor
commences work,
Complete the implementing entity Affirmative
Action "Contract Compliance Qualifying
Report" with employment goals for the next
three years; and submit to the Contract
Compliance Officer for approval an Affirmative
Action Policy including methods of recruiting
minorities and women. The contractor is
required to submit an Affirmative Action
Compliance Plan annually for subsequent
prequalification.
Page 2 of 9
9
. Subcontractors desiring to act as subcontractors may
receive annual prequalification and be placed upon a
list of annually pre-qualified subcontractors which will
be made available by the Contract Compliance Officer
to prime contractors to facilitate their choice of
subcontractors.
B. Affirmative Action Plan For Non-Construction Contractors
can be met as follows:
1. Prior to being awarded the contract, the contractor
must have the "Contract Compliance Qualifying
Report for Non-Construction Contractors and
Vendors" (attached), approved by the implementing
entity contract compliance officer. In addition, the
contractor or vendor may be requested to submit to
the Contract Compliance Officer additional information
concerning the contractor's Affirmative Action policies.
C. Affirmative Action Plan for Subcontractors can be met as
follows:
1. Prior to a subcontractor starting work for a contractor,
the subcontractor must comply with Part II, Section A
above for construction subcontracts and Part II,
Section B above for non-construction subcontracts.
The contractor is responsible to ensure that all of his
subcontractors are in compliance.
2. Contractors are encouraged to use subcontractors
who have been approved for annual prequalification (if
available).
III. INTERACTION WITH THE CONTRACT COMPLIANCE
OFFICE
A. The Contract Compliance Officer will review each
Affirmative Action Program as submitted.
If the contractor's Affirmative Action Plan is not approved
by the Contract Compliance Officer, the Contract
Compliance Officer shall notify the contractor of the
reasons for disapproval of the plan, and of the
implementing entity's requirements for an acceptable plan.
The contractor shall be allowed ten (10) working days in
which to develop and submIT a revised Affirmative Action
Plan for review and approval by the Contract Compliance
Officer.
B. Appeal Procedure.
1. A contractor who has submitted a program which is
not approved by the Contract Compliance Officer may
appeai that determination to the implementing entity's
..legislative body through their Administrative Officer.
All appeals shall be in writing, signed by the person
appealing or that person's authorized representative
and shall be fiied with the Contract Compliance Officer
within ten (10) working days after receiving notice of
disapproval.
Page 30f9
2. The appeal should explain the reason why the action
of the Contract Compliance Officer should not have
been taken. Failure of the contractor to appeal within
ten (10) working days of notice of disapproval shall
make the action taken by the Contract Compliance
Officer final.
C. On-site visits may be conducted to verify the accuracy of
the contractor's Affirmative Action statistical data. In
addition, contractors will be required to annotate entries
on their payroll reports with the following codes:
A = White (not of Hispanic origin): All persons having
origins in any of the original peoples of Europe,
North Africa, the Middle East, or the Indian
subcontinent.
B = Black (not of Hispanic origin): All persons having
origins in any of the black racial groups.
C = Hispanic: All persons of Mexican, Puerto Rican,
Cuban, Central or South American, or other
Spanish culture or origin, regardless of race.
D = Asian or Pacific Islanders: All persons having
origins in any of the Far East, Southwest Asia or
the Pacific Islands. This area includes, for
example, China, Japan, Korea, the Philippine
Islands and Samoa.
E = American Indian or Alaskan Native: All persons
having origins in or of the original peoples of North
America.
M = MALE EMPLOYEE
F = FEMALE EMPLOYEE
H = HANDICAPPED EMPLOYEE
V = VIETNAM-ERA VETERAN
IV. DEFINITIONS
Unless a provision of a contract otherwise requires, certain
words and phrases shall be defined as follows:
"Affirmative Action" is a commitment to increase the
number of members of protected classes in the work force
by setting employment goals and timetables, including
action programs to achieve objectives through reform of
the system. Affirmative Action seeks to ensure that
discrimination is eliminated in all dealings with employees
or applicants for employment whether the discrimination is
intentional or unintentional. In addition, Affirmative Action
seeks to improve job standards and productivity through
the removal of artificial and unnecessary barriers to
employment and promotion and ensure that all job actions
are related to job performance measures.
10
A. "Approved Programs" are those which the Contract
Compliance Office of the implementing entity have
deemed in compliance with this program
"Construction Contract" means a contract which calls
for the construction, rehabilitation, alteration,
conversion, extension, demolition or repair of
buildings, highways or other changes or
improvements providing utility services.
B. "Contract" means a purchase order, offer and
acceptance, lease, agreement or other arrangement
creating an obligation to which the impiementing
entity is a party, which would make one of the parties
within the definition a contractor.
C. "Contractor" means all persons (including general
contractors and prime contractors) who provide, or
offer to provide to the impiementing entity, labor or
services of any kind or type pursuant to a construction
contract with the County.
D. "Implementing Entity" means public jurisdiction who is
administering the contract.
E. "Employee" means one who performs work for
compensation, or a person who Is permanently or
regularly employed by the contractor or subcontractor.
F. "Handicapped Status" means any person who:
1. Has a physical or mental impairment which
substantially limits one or more of such person's
major life activities.
2. Has a record or such impairment or,
3. Is generally regarded as having such an
impairment.
G. "Local Labor Market" means the entire San
Bernardino, Riverside, Ontario labor market.
(Standard Metropolitan Statistical Area.)
H. "Minorities" means members of the following racial or
ethnic groups: Black (not of Hispanic origin);
Hispanic; Asian or Pacific Islander; American India or
Alaskan native.
Page 4 of9
11
I. "Non-construction Contract" means any contract that
does not fall within the definition of "Construction
Contract" .
J. "Officer" means the Contract Compliance Officer of
the implementing entity.
K. "Persons" means any individuai, firm, co-partnership,
pUblic service, joint venture, association, social club,
fraternal organization, corporation, estate, trust
receiver, syndicate CITY, county, municipal
corporation, district or other political subdivision, or
any other group or combination acting as a unit.
L. "Protected Class" means those groups of individuals
covered or protected against discrimination by the
various Federal and State civil rights laws as now in
existence or as hereafter amended by Federal or
State law.
M. "Sole Source" means a contract in which the non-
implementing entity party is in a unique position to
fulfill the implementing entity's needs, as determined
by the Contract Compliance Officer, after
consideration of practical alternative.
N. "Subcontractor" means any person who agrees with
any contractor who has a contract with the
implementing entity to fumish supplies, goods, or
services to such contractor.
O. "Underutilization" means having fewer minorities or
women in a particuiar job classification than would
reasonably be expected by their availability.
P. "Vietnam-Era Veteran" means a person who:
1. Served on actual duty for a period of more than
180 days, any part of which occurred between
August 5, 1964, and May 7, 1975, and was
discharged or released therefrom with other than
a dishonorable discharge; or
2. Was discharged or released from active duty for a
service-connected disability if any part of such
active duty was performed between August 5,
1964, and May 7, 1975.
O. "Women" means female members of racial and ethnic
minority and non-minority groups.
ATTACHMENT 1
1. Contractor agrees to fully comply with the laws and
programs (including regulations issued pursuant thereto)
which are listed following this paragraph. Such
compliance is required to the extent such laws,
programs and their regulations are, by their own terms,
applicable to this contract. Contractor warrants that he
will make himself thoroughly familiar with the applicable
provisions of said laws, programs, and regulations prior
to commencing performance of the contract. Copies of
said laws, programs, and regulations are availabie upon
request from the implementing entity's Contract
Compliance Officer. to the extent applicable the
provisions of said laws programs and regulations are
deemed to be a part of this contract as if fully set forth
herein.
2. Vietnam Era Veterans' Readjustment Assistance Acts of
1972 and 1974, as amended. Pub. L. 92-540, Title V,
See 503(a), Pub. L 93-508. Title IV, Sec. 402. (38
USCA 2011-2013).'
3. Rehabilitation act of 1973, as amended (Handicapped)
Pub. 193-112 as amended. (29 USCA 701-794).
4. California Fair Employment Practice Act. Labor Code
Sec. 1410 et seq.
5. Civil Rights Act of 1964, as amended (42 USCA 2000a
to 2000H-6) and Executive Order No. 11246, September
24,1965, as amended.
In addition, during the performance of this contract, the
contractor agrees as follows:
Equal Opportunity Clause
This clause is inserted pursuant to Executive Order 11246 of
September 24, 1965, as amended, and Title VII of the Civil
Rights Act of 1964, and is applicable pursuant to 41 C.F .R.
Sec. 60-1.4.
(1) The Contractor will not discriminate against any
employee or applicant for employment because of
race, color, religion, sex, or national origin. The
Contractor will take affirmative action to ensure that
applicants are employed, and that employees are
treated during employment without regard to their
race, color, religion, sex, national origin. Such action
shall include, but not be limited to the following:
Employment, upgrading, demotion, or transfer;
recruitment or recruitment advertising; layoff or
termination; rates of payor other forms of
compensation; and selection for training, including
apprenticeship. The Contractor agrees to post in
conspicuous places, available to employees and
applicants for employment, notices to be provided by
the contracting officer setting forth the provisions of
this nondiscrimination clause.
(2) The Contractor will, in all solicitations or
advertisements for employees placed by or on behalf
of the Contractor, state that all qualified applicants will
receive consideration for employment without regard
to race, color, religion, sex, or national origin.
(3) The Contractor will send to each labor union or
representative of workers with which he has a
collective bargaining agreement or other contract or
understanding, a notice to be provided by the agency
contracting officer, advising the labor union or
workers' representative of the Contractor's
commitments under Section 202 of Executive Order
11246 of September 24,1965, and shall post copies
of the notice in conspicuous places available to
employees and applicants for employment.
(4) The contractor will comply with all provisions of
Executive Order 11246 of September 24, 1965. and
of the rules, regulations, and reievant orders of the
Secretary of Labor.
(5) The Contractor will furnish all information and reports
required by Executive Order 11246 of September 24,
1965, and of the rules, regulations and relevant
orders of the Secretary of Labor, or pursuant thereto,
and will permit access to his books, records and
accounts by the contracting agency and the Secretary
of Labor for purposes of investigation to ascertain
compliance with such rules, regulations and orders.
(6) In the event of the Contractor's noncompliance with
the nondiscrimination clauses of this contract or with
any of such rules, regulations or orders, this contract
may be canceled, terminated or suspended in whole
or in part, and the Contractor may be declared
ineligible for further Government contracts in
accordance with procedures authorized in Executive
Order 11246 of September 24, 1965, and such other
sanctions may be imposed and remedies invoked as
provided in Executive Order 11246 of September 24,
1965, or by rule, regulation or order of the Secretary
of Labor, or as otherwise provided by law.
Page 5 of9
12
(7) The Contractor will include the provISions of
paragraphs (1) through (7) in every subcontract or
purchase order unless exempted by rules, regulations
or orders of the Secretary of Labor issued pursuant to
Section 204 of Executive Order 11246 of September
24, 1965, so that such provisions will be binding upon
each subcontractor or vendor. The Contractor will
take such action with respect to any subcontract or
purchase order as the contracting agency may direct
as a means of enforcing such provisions, including
sanctions for noncompliance: Provided, however,
that in the event the Contractor becomes involved in,
or is threatened with, litigation with a subcontractor or
vendor as a result of such direction by the contracting
agency, the Contractor may request the United States
to enter into such litigation to protect the interests of
the United states.
and the ruies, regulations, and reievant orders of the
Secretary of Labor, that it will furnish the
administering agency and the Secretary of Labor such
infonnation as they may require for the supervision of
such compliance, and that it will otherwise assist the
administering agency in the discharge of the agency's
primary responsibility for securing compliance.
The applicant further agrees that it will be bound by
the above equal opportunity clause with respect to its
own employment practices when it participates in
federally assisted construction work; provided, that if
the applicant so participating is a State or local
government, the above equal opportunity clause is
not applicable to any agency, instrumentality or
subdivision of such government which does not
participate in work on or under the contract.
The applicant further agrees that it will refrain from
entering into any contract or contract modification
subject to Executive Order 1124 of September 24,
1965, with a contractor debarred from, or who has not
demonstrated eligibility for Government contracts and
federally assisted construction contracts pursuant to
the Executive Order and will carry out such sanctions
and penalties for violation of the equal opportunity
ciause as may be imposed upon contractors and
subcontractors by the administering agency or the
Secretary of Labor pursuant to Part II, Subpart D of
the Executive Order. In addition, the applicant agrees
that if it fails or refuses to comply with these
undertakings, the administering agency may take any
or all of the following actions: Cancel, terminate, or
suspend in whole or in part this grant (contract, loan,
insurance, guarantee), refrain from extending any
further assistance to the applicant under the program
with respect to which the failure or refund occurred
until satisfactory assurances of future compliance has
been received from such applicant, and refer the case
to the Department of Justice for appropriate legal
proceedings.
The applicant agrees that it will assist and cooperate
actively with the administering agency and the
Secretary of Labor in obtaining the compliance of
contractors and subcontractors with the equal
opportunity ciause and the rules, regulations, and
relevant orders of the Secretary of Labor, that it will
furnish the administering agency and the Secretary of
Labor in obtaining the compliance of contractors and
subcontractors with the equal opportunity clause
In addition to the above, Contractor will fumish all
infonnation and reports required by Executive Order
No. 11246 of September 24,1965 to the implementing
entity's Contract Compliance Officer.
Affirmative Action for Disabled Veterans
and Veterans of the Vietnam Era
This clause is inserted pursuant to Executive Order 11701 of
January 24, 1973 and the Vietnam Era Veterans
Readjustment Assistance Acts of 1972 and 1974 (P.L. 92-
540,93-508), and is applicable pursuant to 41 CFR Sec. 60-
250.
advertising, layoff or tennination, rates of payor
other fonns of compensation, and selection for
training, including apprenticeship.
(1) The Contractor will not discriminate against any
employee or applicant for employment because he
or she is a disabled veteran or veteran of the
Vietnam Era in regard to any position for which the
employee or applicant for employment is qualified.
The Contractor agrees to take affirmative action to
employ, advance in employment and otherwise treat
qualified disabled veterans and veterans of the
Vietnam Era without discrimination based upon their
disability or veterans status in all employment
practices such as the following: employment,
upgrading, demotion or transfer, recruitment,
(2) The Contractor agrees that all suitable employment
openings of the Contractor which exist at the time of
the execution of this contract and those which occur
during the performance of this contract, inciuding
those not generated by this contract and including
those occurring at an establishment of the
Contractor other than the one wherein the contract
is being performed but excluding those of
independently operated corporate affiliates, shall be
listed at an appropriate local office of the State
employment service system wherein the opening
occurs. The Contractor further agrees to provide
such reports to such local office regarding
employment openings and hires as may be
required.
Page 6 of9
13
(3) Listings of employment openings with the
employment service system pursuant to this clause
shali be made at least concurrently with the use of
any other recruitment source or effort and shall
involve the normal obligations which attach to the
placing of a bona fide job order, including the
acceptance of referrals of veterans and non-
veterans. The listing of employment openings does
not require the hiring of any particular job applicant
or from any particular group of job applicants, and
nothing herein is intended to relieve the Contractor
from any requirements in Executive Orders or
regulations regarding nondiscrimination in
employment.
(4) The reports required by paragraph (2) of this clause
shali include, but not be limited to, periodic reports
which shali be filed at least quarteriy with the
appropriate local office or, where the Contractor has
more than one hiring location in a State, with the
central office of that State employment service.
Such reports shali indicate for each hiring location,
(a) the number of individuals hired during the
reporting period, (b) the number of non-disabled
veterans of the Vietnam Era hired, (c) the number of
disabled veterans of the Vietnam Era hired, and (d)
the total number of disable veterans hired. The
reports shali include covered veterans hired for on-
the-job training under 38 USC Sec. 1787. The
Contractor shali submit a report within thirty (30)
days after the end of each reporting period wherein
any performance is made on this contract identifying
data for each hiring location, The Contractor shali
maintain at each hiring location, copies of the
reports submitted until the expiration of one year
after final payment under the contract, during which
time these reports and related documentation shali
be made available, upon request, for examination
by any authorized representatives of the contracting
officer or of the Secretary of Labor, Documentation
would include personnel records respecting job
openings, recruitment and placement.
(5) Whenever the Contractor becomes contractualiy
bound to the listing provisions of this clause, it shali
advise the employment seNiee system in each
State where it has establishments of the name and
location of each hiring location in the State. As long
as the Contractor is contractualiy bound to these
provisions and has so advised the State system,
there is no need to advise the State system of
subsequent contracts. The Contractor may advise
the State system when it is no longer bound by this
contract clause.
(6) This clause does not apply to the listing of
employment openings which occur and are filied
outside of the 50 States, the District of Columbia,
Puerto Rico, Guam and the Virgin Islands,
(7) The provisions of paragraphs (2), (3), (4) and (5) of
this clause do not apply to openings which the
Contractor proposes to fili from within his own
Page 7 of 9
14
organization or to fili pursuant to a customary and
traditional employer - union hiring arrangement.
This exclusion does not apply to a particular
opening once an employer decides to consider
applicants outside of his own organization or
employer - union arrangement for that opening.
(8) As used in this clause:
a, "All suitable employment openings" includes, but is
not limited to, openings which occur in the foliowing
job categories: production and non-production; plant
and office; laborers and mechanics; supervisory and
non-supervisory; technical; and executive,
administrative and professional openings as are
compensated on a salary basis of less than $25,000
per year. The term includes fuli-time employment,
temporary employment of more than three (3) days
duration, and part-time employment. It does not
include openings which the Contractor proposes to
fili from within his own organization or to fili pursuant
to a customary and traditional employer - union
hiring arrangement nor openings in an educational
institution which are restricted to students of that
institution, Under most compeliing circumstances
an employment opening may not be suitable for
listing, including such situations where the needs of
the Government cannot reasonably be otherwise
supplied, where listing would be contrary to national
security, or where the requirement of listing would
otherwise not be for the best interest of the
Government.
b. "Appropriate office of the State employment service
system" means the local office of the Federal - State
national system of public employment offices with
assigned responsibility for serving the area where
the employment opening is to be filied, including the
District of Colombia, Guam, Puerto Rico and the
Virgin Islands.
c. "Openings which the Contractor proposes to fili from
within his own organization" means employment
openings for which no consideration will be given to
persons outside the Contractor's organization
(including any affiliates, subsidiaries and the parent
companies) and includes any openings which the
Contractor proposes to fili from reguiarly established
"recali" lists.
d. "Openings which the Contractor proposes to fill
pursuant to a customary and traditional employer -
union hiring arrangement" means employment
openings which the Contractor proposes to fili from
union halls, which is part of the customary and
traditional hiring relationship which exists between
the Contractor and representatives of his
employees.
(9) The Contractor agrees to compiy with the rules,
regulations and relevant orders of the Secretary of
Labor issued pursuant to the Act.
(10) In the event of the Contractor's noncompliance. with
the requirements of this clause, actions for
noncompliance may be taken in accordance with
the rules, regulations and relevant orders of the
Secretary of Labor issued pursuant to the Act.
(11) The Contractor agrees to post in conspicuous
places, available to employees and applicants for
employment, notices in a fonm to be prescribed by
the Director, provided by or through the contracting
officer. Such notices shall state the Contractor's
obligation under the law to take affirmative action to
employ and advance in employment qualified
disabied veterans and veterans of the Vietnam Era
for employment, and the rights of applicants and
employees.
(12) The Contractor will notify each labor union or
representative of workers with which it has a
collective bargaining agreement or other contract
understanding, that the Contractor is bound by the
terms of the Vietnam Era Veterans' Readjustment
Assistance Act, and is committed to take affinmative
action to employ and advance in employment
qualified disabled veterans and veterans of the
Vietnam Era.
(13) The Contractor will include the provisions of this
clause in every subcontract or purchase order of
$10,000 or mana unless exempted by rules,
reguiations or orders of the Secretary issued
pursuant to the Act, so that such provisions will be
binding upon each subcontractor or vendor. The
Contractor will take such action with respect to any
subcontract or purchase order as the Director of the
Office of Federal Contract Compliance Programs
may direct to enforce such provisions, induding
action for noncompliance.
Affirmative Action for Handicapped Workers
This clause is inserted pursuant to the Rehabilitation Act of 1973
(P.L. 93-112) and 41 CFR Sec. 60-741-4.
(1) The Contractor will not discriminate against any
employee or applicant for employment because of
physical or mental handicap in regard to any position for
which the employee or applicant for employment is
qualified. The Contractor agrees to take affinmative
action to employ, advance in employment and otherwise
treat qualified handicapped individuals without
discrimination based upon their physical or mental
handicap in all employment practices such as the
following: employment, upgrading, demotion or transfer,
recruitment, advertising, layoff or tenmination, rates of
payor other fonms of compensation, and selection for
training, including apprenticeship.
(2) The Contractor agrees to comply with the nules,
regulations and relevant orders of the Secretary of
Labor issued pursuant to the Act.
(3) In the event of the Contractor's non-compliance with the
requirements of this clause, actions for noncompliance
may be taken in accordance with the rules, regulations
and relevant orders of the Secretary of Labor issued
pursuant to the Act.
(4) The Contractor agrees to post in conspicuous places,
available to employees and applicants for employment,
notices in a fonm to be prescribed by the Director,
Page 8 of 9
provided by or through the contracting officer.
(5) Such notices shall state the Contractor's obligation
under the law to take affinmative action to employ and
advance in employment qualified handicapped
employees and applicants for employment, and the
rights of applicants and employees.
(6) The Contractor will notify each labor union or
representative of workers with which it has a collective
bargaining agreement or other contract understanding,
that the Contractor is bound by the tenms of Section 503
of the Rehabilitation Act of 1973, and is committed to
take affinmative action to employ and advance in
employment physically and mentally handicapped
individuais.
(7) The Contractor will include the provisions of this clause
in every subcontract or purchase order of $2,500.00 or
more unless exempted by rules, regulations or orders of
the Secretary issued pursuant to Section 503 of the Act,
so that such provisions will be binding upon each
Subcontractor or vendor. The Contractor will take such
action with respect to any subcontract or purchase order
as the Director of the Office of Federal Contract
Compliance Programs may direct to enforce such
provisions, including action for noncompliance.
15
Cateaorv
Contractors except
construction
Contractors except
construction
S.M.SA
Contractors except
construction
Contractors except
construction
Contractors except
construction
Construction
Contractors
APPENDIX I
Principal Business Location
San Bernardino County
Within Los Angeles, Long Beach,
Orange and San Diego
Within Caiifornia, but not
San Bernardino, Orange, Los
Angeles, San Diego S.M.S.A.
then parity same as Number 2 above
Outside California
N/A
N/A
Goal - Paritv With
Riverside - San Bernardino - Ontario
S.M.S.A.
Local S.M.SA
Area business located, unless have
offices in Riverside - San Bernardino -
Ontario S.M.S.A. --
Principal place of business
Local staff parity with Riverside -
San Bernardino - Ontario S.M.SA
Riverside - San Bernardino - Ontario
S.M.SA
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
April 1, 1978
April 1, 1979
March 31, 1979
March 31,1980
April 1, 1980 -- March 31,1981
Page 9 of9
16
Goals (in Percent)
3.1%
5.0%
6.9%
'.
"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.
(6) 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. 1701 U. 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
appiicant 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 EP A 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
---l
INSTRUCTIONS FOR COMPLETING CONTRACT COMPLIANCE
QUALIFYING REPORT
I. JOB CATEGORY
Data is to be completed for all listed job categories of employees.
Definitions:
Administrators: Occupations which require that employees set
broad policies, exercise overall responsibility for execution of
these policies, direct individual departments or a special phase
of the contractor's operations, or provide specialized consultation
on a regional, district or area basis.
Includes: directors, deputy directors, department heads
controllers, foremen supervisors, inspectors, and kindred
workers.
Professional: Occupations which require specialized and
theoretical knowledge which is usually acquired through college
training or through work experience and other training which
provides comparable knowledge.
Includes; personnel and labor relations workers, social workers,
doctors psychologists, registered nurses, economists, dietitians,
lawyers, system analysis, accountants, engineers, employment
and vocational rehabilitation counselors, teachers or instructors,
and kindred workers.
Technical: Occupations which require a combination of basic
scientific or technical knowledge and manual skill which can be
obtained through specialized post-secondary school education or
through equivalent on-the-job training.
Includes: computer programmers and operators, draftsmen,
surveyors, licensed practical nurses, photographers, radio
operators, technical Illustrators, highway technicians, technicians
(medical, dental, electronic, physical sciences), assessors,
inspectors, and kindred workers.
Sales: Occupations in which the act of selling takes place:
exchange of property of any kind, or of services for an agreed
sum of money or other valuable consideration. One employed
as a traveling agent or representative to sell goods or services.
Office and Clerical: Occupations in which workers are
responsible for internal and external communication, recording
and retrieval of data and/or information and other paperwork
required in an office.
Includes: bookkeepers, secretaries, office machine operators.
clerk typists, stenographers, statistical clerks, dispatchers,
payroll clerks, messengers, and kindred workers.
Skilled: Occupations in which workers perform jobs which
require special manual skill, a thorough and comprehensive
knowledge of the processes involved in the work which is
acquired through on-the-job training, experience, through
apprenticeship or other formal training programs.
Includes: mechanics and repairmen, electricians, heavy
equipment operators, stationary engineers, skilled machinist
occupations, carpenters, and compositors and typesetters, and
kindred workers.
Operative (Semiskilled): Occupations in which workers are
partly skilled, or doing manual work that requires only limited
training, experience or knowledge.
Laborers (Unskilled): Occupations in which a worker performs
a variety of manual work in the maintenance, repair or
construction of highwa'ys, buildings, and other facilities; unskilled
worker who brings materials to, and does preparation work for,
skilled workers in a trade.
Service Workers: Occupations in which workers perform duties
which result in or contribute to the comfort. convenience,
upkeep and care of buildings, facilities or grounds of public
property. Workers in this category may operate machinery.
Includes: chauffeurs, laundry and dry cleaning operators, truck
drivers, bus drivers, garage laborers, custodial persons.
gardeners and groundskeepers, refuse collectors, construction
laborers.
il. CURRENT WORK FORCE
This category is to establish the contractor's current employee
status.
A. Total number of employees: The contractor is to fill out the
total number of persons currently employed in each job
category.
B. Black: The contractor is to place the current number of
Black employees in each box in this column for each job
category.
C. Hispanic: The contractor is to place the current number of
employees of Hispanic origin in each box in this column for
each job category.
D. Asian or Pacific Islanders: The contractor is to place
current number of employees of Asian or Pacific Island
origin in each box in this column for each jOb category.
E. American Indian or Alaskan Native: The contractor is to
place the current number of American Indian or Alaskan
Native employees in each box in this column for each job
category.
F. Total Minority: The number to be placed in each box in the
column can be reached by adding the current number of
Black, Hispanic, Asian, Pacific Islander, American Indian.
and Alaskan Native employees written in the four previous
columns.
G. Total Females: In each box in this column the contractor
shall place the total number of white and minority females
employed in each job category.
III. UNDERUTILlZATION
To establish whether under-utilization exists, a contractor must
determine whether the "total minority" percentages and "total
female percentages" in each job classification are lower than
would reasonably be expected by their availability.
After making this comparison, the contractor should place a
check. mark in the box that applies ('yes" or "no") for each
category.
IV. ANTICIPATED HIRING
The contractor should state the number of employees the
contractor plans to hire both as additional employees and
replacements for each job category.
20
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,-
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.
o A. This is now a practice of our Company.
o B. Our Company will adopt this policy.
o 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.
o A. This is now a practice of our Company.
o B. Our Company will adopt this policy.
o 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.
o A. This is now a practice of our Company.
o B. Our Company will adopt this policy.
o C. Our Company cannot or will not adopt this poiicy.
Explain "C"
Page 1 014
~~
AFFIRMATIVE ACTION POLICY
FOR CONTRACTORS, SUBCONTRACTORS AND VENDORS
(Continued)
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.
o A. This is now a practice of our Company.
o B. Our Company will adopt this policy.
o 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.
o A. This is now a practice of our Company.
o B. Our Company will adopt this policy.
o 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.
o A. This is now a practice of our Company.
o B. Our Company will adopt this policy.
o 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.
o A. This is now a practice of our Company.
o B. Our Company will adopt this policy.
o 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.
o A. This is now a practice of our Company.
o B. Our Company will adopt this policy.
o 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.
o A. This is now a practice of our Company.
o B. Our Company will adopt this policy.
o C. Our Company cannot or will not adopt this policy.
Explain "C"
Page 2 014
"t'.
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
o A. This is now a practice of our Company.
o B. Our Company will adopt this policy.
o 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.
o A. This is now a practice of our Company.
o B. Our Company will adopt this policy.
o 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
o A. This is now a practice of our Company.
o B. Our Company will adopt this policy.
o 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.
o A. This is now a practice of our Company.
o B. Our Company will adopt this policy.
o 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.
o A. This is now a practice of our Company.
o B. Our Company will adopt this policy.
o 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.
o A. This is now a practice of our Company.
o B. Our Company will adopt this policy.
o C. Our Company cannot or will not adopt this policy.
Explain "C"
Page 3 of 4
~7
AFFIRMATIVE ACTION POLICY
FOR CONTRACTORS, SUBCONTRACTORS AND VENDORS
(Continued)
16. Our company shall make every effort to provide after school, summer and vacation employment
to minority youths.
o A. This is now a practice of our Company.
o B. Our Company will adopt this policy.
o 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.
o A. This is now a practice of our Company.
o B. Our Company will adopt this policy.
o C. Our Company cannot or will not adopt this policy.
Explain "C"
Signature
Date
Title
Page 4 of 4
?R
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
$
Total Bid Amount
Project Number
Federally funded or assisted?
CONTRACTOR
[]Yes [] No
Address
Contractor's Name
Federall.D. Number
CITY
Minority owned/controlled?
If so, what Minority?
Female owned/controlled?
$
Portion of Bid Amount to be
performed by Contractor
Zip Code
State
[ ] Yes [ ] No
[ ] Yes [ ] No
SUBCONTRACTORS
1)
Subcontractor's Name
Address
CITY
Minority owned/controlled?
If so, what Minority?
Female owned/controlled?
Federal 1.0. Number
$
Subcontract Bid Amount
State Zip Code
[ ] Yes [] No
[ ] Yes [] No
------------_._--------------------------------~---------------------------------~----------------------------------------------------------------
2)
Subcontractor's Name
Address
Federal LD. Number
CITY
Minority owned/controlled?
If so, what Minority?
Female owned/controlled?
$
Subcontract Bid Amount
Page 1012
?q
State
Zip Code
[ ] Yes [] No
[ ] Yes [] No
MINORITY AND WOMEN OWNED BUSINESS ENTERPRISE PARTICIPATION (Continued)
3)
Subcontractor's Name
Federall.D. Number
$
Subcontract Bid Amount
4)
Subcontractor's Name
Federall.D. Number
$
Subcontract Bid Amount
5)
Subcontractor's Name
Federall.D. Number
$
Subcontract Bid Amount
6)
Subcontractor's Name
Federall.D. Number
$
Subcontract Bid Amount
7)
Subcontractor's Name
Federall.D. Number
$
Subcontract Bid Amount
8)
Subcontractor's Name
Federall.D. Number
$
Subcontract Bid Amount
9)
Subcontractor's Name
Address
CITY
Minority owned/controlled?
If so, what Minority?
Female owned/controlled?
State
[ ] Yes [] No
[ ] Yes [] No
Zip Code
Address
CITY
Minority owned/controlled?
If so, what Minority?
Female owned/controlled?
State
[ ] Yes [] No
[ ] Yes [] No
Zip Code
Address
CITY
Minority owned/controlled?
If so, what Minority?
Female owned/controlled?
State
[ ] Yes [] No
[ ] Yes [] No
Zip Code
Address
CITY
Minority owned/controlled?
If so, what Minority?
Female owned/controlled?
State
[ ] Yes [] No
[ ] Yes [] No
Zip Code
Address
CITY
Minority owned/controlled?
If so, what Minority?
Female owned/controlled?
State
[ ] Yes [] No
[ ] Yes [] No
Zip Code
Address
CITY
Minority owned/controlled?
If so, what Minority?
Female owned/controlled?
State
[ ] Yes [] No
[ ] Yes [] No
Zip Code
Address
Federall.D. Number CITY State
$ 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 infonnation on all subcontractors)
Page 2 012
":\n
Zip Code
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 cia use; and, if so, whether it has filed all compliance reports due under applicabie
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 Ciause.
Yes 0 No 0 (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 0 No 0 (If answer is yes, identify the most recent contrac!.)
3. Bidder has filed all compliance reports due under applicable instructions, Including SF-100.
Yes 0 No 0 None required 0
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
':\1
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
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 D NoD
2. Compliance reports were required to be filed in connection with such contract or subcontract.
Yes D No D
3. Bidder has filed all compliance reports due under applicable instructions, Including SF-100.
Yes D No D None required D
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
I,
, 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
."."
1---
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 acknowiedges 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 1 012
'J,ll
.
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 shalf be fined not more than $5,000 or imprisoned not more than two years, or
both.
Page 2 012
1~
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
Nature of Work
Contractor
in the amount of $ in the construction of the above-identified project, certifies that:
(a) The labor Standards Provisions of the Contra(;t 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 Reguiations 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 1012
.~h
.
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 NATIIRi= ni=
i
i
,
(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 2 012
'>.7
'.
THE FOLLOWING DOCUMENTS ARE
EXAMPLES
1P.
CERTIFICATE OF OWNER'S ATTORNEY
the duly authorized
do hereby certify as
We, the undersigned,
and acting legal representative of
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
Record of
Employee Interview
U.S. Department of Housing
and Urban Development
Office of Labor Relations
OMS Approval No. 2501-0009
(exp. 1/31/2000)
Public reporting burden for this collection of infonnation 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 OMS 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 thai 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 worl<ed 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 0
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. Remarl<s (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
I Date
Previous editions are obsolete.
form HUD.11 (5f93)
40
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'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
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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 oavroll all monies oaid to the emolovees whether as
basic rates or as cash in lieu of fringes. The contractor shall represent in the statement of compliance
that he is oayinq to others fringes required by the contract and not paid as cash in lieu of fringes.
Detailed instructions follow:
Contractors who oay all required frinqe 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 oay no frinqe 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) Exceotions
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
Wage and Hour Division
FOlTTlApproved.
Bwge\8ur..auNo.44-R1093
STATEMENT OF COMPLIANCE
Date
I,
, do hereby state:
(Name of signatory party)
(Title)
(1) That I payor 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 , aU 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 PAlO TO APPROVED PLANS, FUNDS, OR PROGRAMS
o In addition to the basic hourly wage rates paid to each laborer or mechanic listed in the above referenced payron
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 PAlO IN CASH
o Each laborer or mechanic listed in the above referenced payroll has been paid as indicated on the payroll, an
amount not tess 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.
(e) EXCEPTIONS
EXCEPTIONS (CRAFT)
Remarks
Name and Title Signature
The willful falsification of any of the above statements may subject the contractor or subcontractor to civit or criminal prosecution. See Section 1001 of Title 18
and Section 231 of Title 31 of the Unites States Code.
FOllTl WH-348 (1/68) Purchase thIS fOllTl duectly 1'001 the Sup\. of Oocum..nts
de;
:
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 of2
47
'.
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
form of a contract attached hereto (properly completed in accordance with said Bid) and
shall furnish a bond for his faithful perfonnance 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 I of2
46
.
.
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
perfonned 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 10f2
48
".
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 of2
49
.. .. to.
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 OBLIGA nON 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 of2
50
. ,"..
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 20f2
51
.
.
. "
. -200b-312
EXHIBIT
4(a) of
4
COUNTY OF SAN BERNARDINO DEPARTMENT OF COMMUNITY DEVELOPMENT AND HOUSING
Proiect/Activity Title: Case Number:
North Norton: *Reconstruction of Roof, Canopy and HV AC at crn Facility and Annex
**Reconstruction of Roof and Canopy at the North Norton Community Center
NamelAddress of Contractor Agencv: Date ofIssue:
Authority for the Handicapped
8088 Palm Lane
San Bernardino, CA 92410
*218-31103/2867
**218-32103/2868
~ Original: Beginning
Amendment #
INSURANCE INVENTORY
WORKERS' COMPENSATION/EMPLOYERS' LIABILITY INSURANCE
Name of Insurance Company:
Effective Dates:
Employer's Liability Limit $
Certificate of Insurance Attached
No: On File wi CDH
Yes
COMPREHENSNE GENERAL AND AUTOMOBILE LIABILITY INSURANCE
Name of Contractor's General Insurance Company:
Limits of Liability
Per Occurrence $
Annual Aggregate $
Effective Dates:
Additional Insured Endorsement Attached
Certificate of Insurance Attached
Yes
Yes
Name of Contractor's Automobile Liability Insurance Company:
Limits of Liability Effective Dates:
No: On File wi CDH
No: On File wi CDH
Per Person $
Damage Liability $
Combined Single Limit $
Per Accident $
ERRORS AND OMISSIONS LIABILITY INSURANCE
Name of Contractor's Insurance Company:
Limits of Liability
Per Occurrence $
Effective Dates:
Additional Insured Endorsement Attached
Certificate of Insurance Attached
Yes
Yes
Annual Aggregate $
PROFESSIONAL LIABILITY INSURANCE
Name of Contractor's Insurance Company:
No: On File wi CDH
No: On File wi CDH
Limits of Liability
Per Occurrence $
Annual Aggregate $
Effective Dates:
Additional Insured Endorsement Attached
Certificate of Insurance Attached
Yes
Yes
Page 1 00
No: On File wi CDH
No: On File wi CDH
.. ': \~, ...
2006-312
EXHIBIT
4(b) of
4
COUNTY OF SAN BERNARDINO DEPARTMENT OF COMMUNITY DEVELOPMENT AND HOUSING
Proiect! Activitv Title: Case Number:
North Norton: *Reconstruction of Roof, Canopy and HV AC at CID Facility and Annex
**Reconstruction of Roof and Canopy at the North Norton Community Center
Namel Address of Contractor Agencv: Date of Issue:
City of San Bernardino
Department of Facilities Management
300 N. "D" Street
San Bernardino, CA 92410
*218-31103/2867
**218-32103/2868
-L Original: Beginning
Amendment #
INSURANCE INVENTORY
WORKERS' COMPENSATIONIEMPLOYERS' LIABILITY INSURANCE
Name of Insurance Company:
Effective Dates:
Employer's Liability Limit $
Certificate of Insurance Attached
No: On File wi CDH
Yes
COMPREHENSIVE GENERAL AND AUTOMOBILE LIABILITY INSURANCE
Name of Contractor's General Insurance Company:
Limits of Liabilitv Effective Dates:
Per Occurrence $
Annual Aggregate $
Additional Insured Endorsement Attached
Certificate of Insurance Attached
Yes
Yes
Name of Contractor's Automobile Liability Insurance Company:
Limits ofLiabilitv Effective Dates:
No: On File wi CDH
No: On File wi CDH
Combined Single Limit $
Per Person $
Per Accident $
Damage Liability $
ERRORS AND OMISSIONS LIABILITY INSURANCE
Name of Contractor's Insurance Company:
Limits of Liabilitv
Per Occurrence $
Effective Dates:
Additional Insured Endorsement Attached
Certificate of Insurance Attached
Yes
Yes
Annual Aggregate $
PROFESSIONAL LIABILITY INSURANCE
Name of Contractor's Insurance Company:
No: On File wi CDH
No: On File wi CDH
Limits ofLiabilitv
Per Occurrence $
Effective Dates:
Additional Insured Endorsement Attached
Certificate of Insurance Attached
Yes
Yes
Annual Aggregate $
Page 2 of2
No: On File wi CDH
No: On File wi CDH