HomeMy WebLinkAbout14-Facilities Management CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL Ate' INAL
From: James Sharer, Director Subject:
Resolution authorizing the City Manager to execute a
Dept: Facilities Management Contract with the County of San Bernardino and the
Boys & Girls Club of San Bernardino to provide
Date: May 15, 2007 security improvements at Boys & Girls Club/Delmann
Heights using County CDBG funds.
M/CC Meeting Date: July 16,2007
Synopsis of Previous Council Action:
None
Recommended Motion:
1. Adopt Resolution.
2. Authorize the Director of Finance to amend the FY 2007/08 Budget and increase account #
001-321-5706 by $23,600 to reflect the County CDBG reimbursement to be received.
James . Sharer
Director of Facilities Managemen
Contact person: James Sharer Phone: 384-5244
Supporting data attached: Staff Report, Contract Ward(s): 6
FUNDING REQUIREMENTS: Amount: $23,600
Source:: 001-321-5706
Alterations and
Renovations
Barbara Pachon
Director of Finance
Council Notes:
/P�d o�Ov•�. �SCQ
AD . /'
CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION
STAFF REPORT
SUBJECT
Resolution authorizing the City Manager to execute a contract with the County of San
Bernardino and the Boys & Girls Club of San Bernardino to provide security improvements at
the Boys & Girls Club/Delmann Heights using County CDBG funds.
BACKGROUND
The Boys & Girls Club/Delmann Heights is located in the City building at 2969 North Flores
Street. This non-profit agency has occupied this site since 2004 and provides youth services to
City and County residents located on the west-side of the City. The Club applied for and
received a Community Development Block Grant(CDBG) from the County to provide security
improvements. The Delmann Heights Community Center is a 9,346 sf recreation center built in
1969. This grant will provide new security cameras around the perimeter and allow for the
replacement of the 38 year old exterior doors.
The attached contract from the County is a three-party contract that identifies the role of each
party and their responsibilities. The City is the property owner, and is asked to provide contract
management for this project. Staff has reviewed the project and the contract and recommends
approval.
FINANCIAL IMPACT
The County of San Bernardino Economic and Community Development Department have
approved this project for FY 2007-2008 using CDBG Funds in the amount of$23,600. No City
funds will be used for this project.
RECOMMENDATION
1. Adopt resolution, and
2. Authorize the Director of Finance to amend the FY 2007/08 Budget and increase account
# 001-321-5706 by $23,600 and the offsetting revenue account by $23,600 to reflect the
County CDBG reimbursement to be received.
I _
1 C (DPY
2 RESOLUTION NO.
3 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO
4 EXECUTE A CONTRACT WITH THE COUNTY OF SAN BERNARDINO
AND THE BOYS & GIRLS CLUB OF SAN BERNARDINO TO PROVIDE
5 SECURITY IMPROVEMENTS AT THE BOYS & GIRLS CLUB/DELMANN
6 HEIGHTS USING COUNTY CDBG FUNDS.
7 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF
8 THE CITY OF SAN BERNARDINO AS FOLLOWS:
9
10 SECTION 1. The City of San Bernardino, the County of San Bernardino. and the Boys
11 & Girls Club of San Bernardino are entering into a contract using County CDBG
12 Funds to provide security improvements to the Boys & Girls Club/Delmann Heights.
13 The City Manager is hereby authorized and directed to execute said contract on behalf
14
of the City; a copy of the contract is attached hereto as Exhibit A and incorporated
15
16 herein.
17 SECTION 2. Any amendment or modification thereto shall not take effect or become
18 operative until fully signed and executed by the parties and no party shall be obligated
19
hereunder until the time of such full execution. No oral agreements, amendments,
20
modifications or waivers are intended or authorized and shall not be implied from any
21
22 act or course of conduct of any party. This resolution is rescinded if the parties to the
23 contract fail to execute it within sixty (60) days of the passage of this resolution.
24
25
26
27
28
7 /
i
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
2 OF SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO
EXECUTE A CONTRACT WITH THE COUNTY OF SAN BERNARDINO
3 AND THE BOYS & GIRLS CLUB OF SAN BERNARDINO TO PROVIDE
SECURITY IMPROVEMENTS AT THE BOYS & GIRLS CLUB/DELMANN
4 HEIGHTS USING COUNTY CDBG FUNDS.
5
6 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor
and Common Council of the City of San Bernardino at a
7 meeting thereof, held on the day of 2007, by the
following vote, to wit:
8
9
Council Members: AYES NAYS ABSTAIN ABSENT
10
ESTRADA
11
BAXTER
12
BRINKER
13
14 DERRY
15 KELLEY
16 JOHNSON
17 McCAMMACK
18
19 Rachel G. Clark, City Clerk
20
The foregoing resolution is hereby approved this day of 2007.
21
22
23 Patrick J. Morris, Mayor
City of San Bernardino
24
25 Approved as to form:
26 n
J es F. Penman, City Attorney
28
i
Exhibit A
SAN BERNARDINO COUNTY
DEPARTMENT OF COMMUNITY DEVELOPMENT AND HOUSING
MAINTENANCE AND OPERATION CONTRACT
WITH CITY OF SAN BERNARDINO AND BOYS AND GIRLS CLUB OF SAN BERNARDINO
This Contract is made and entered into by and between San Bernardino County, hereinafter referred to as
"COUNTY", the City of San Bernardino, hereinafter referred to as "CITY", and the Boys and Girls Club of San
Bernardino, hereinafter referred to as "CLUB".
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, the CITY Department of Facilities Management, hereinafter referred to as "FMCSB", is
authorized to act on behalf of CITY to manage improvement projects at CITY facilities and to maintain CITY
facilities; and,
WHEREAS, COUNTY, CITY and CLUB recognize the public benefit in providing educational and
recreational activities for children and youth from low-and moderate-income households living in the unincorporated
community of Muscoy, as well as in the City of San Bernardino and other nearby unincorporated areas; and,
WHEREAS, CITY owns the CLUB facility located at 2969 N. Flores, San Bernardino and the CLUB operates
programs and services out of the facility for the benefit of children and youth under a lease; and,
WHEREAS, CITY provides annual funding for utility payments and continued facility maintenance for
CLUB; and,
WHEREAS, this contract among the herein-named delineates only the responsibilities of the parties regarding
this contract and is not intended to supersede any contract between the CITY as lessor and CLUB as lessee; and,
WHEREAS, on September 26, 2006 (Item #68), as part of the Consolidated Plan amendment to the 2006-07
Action Plan, the Board of Supervisors allocated $23,600 to install security cameras and doors at the Delmann Heights
Community Center—Boys and Girls Club of San Bernardino, and,
WHEREAS, COUNTY, CITY and CLUB desire to have CITY manage and direct the construction of the
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 facility
improvements and for the maintenance and operation of the CLUB facility located in the Delmann Heights
Community Center at 2969 N. Flores, San Bernardino, hereinafter referred to as "FACILITY".
2. SCOPE OF PROJECT
CITY shall manage and direct the construction of improvements, hereinafter referred to as "IMPROVEMENTS",
to include the purchase and installation of security cameras and reinforced security doors for the FACILITY..
Page 1 of 10
I
y Additional improvements may be included only after written Contract among CITY CLUB and COUNTY. The
Y Y g
actual scope of IMPROVEMENTS may not include all items identified herein,but shall be limited to the amount
of CDBG funding identified in Section 4, FUNDING.
CITY and CLUB shall maintain and operate FACILITY for the purpose of providing educational and
recreational programs and services to children and youth from low- and moderate-income households living in
the City of San Bernardino and surrounding communities of the Fifth Supervisorial District for the period
identified in Section 8, MAINTENANCE AND OPERATION. Each qualifying participant of said programs
under the terms of this contract shall be identified as a unit of service.
Unless as specified otherwise, CDH shall have the authority to represent COUNTY regarding the terms and
conditions of this Contract and the administration thereof.
3. TIME OF PERFORMANCE
CITY and CLUB shall comply with the terms of this contract for no less than ten (10) years beginning upon the
date of completion of IMPROVEMENTS. The Contract term is for ten (10) years as specified in Section 8,
MAINTENANCE AND OPERATION. In addition to the ten (10) year term, CITY and CLUB are required to
uphold the terms of the contract for an additional five (5) years after expiration of this contract as specified in
Section 26, REVERSION OF ASSETS.
4. FUNDING
COUNTY shall utilize CDBG funds to reimburse CITY for eligible construction costs in an amount not to
exceed of twenty three thousand six hundred dollars ($23,600) for the purpose of constructing
IMPROVEMENTS to FACILITY. Any costs to construct IMPROVEMENTS to FACILITY in excess of the
amounts available in this section shall be the sole responsibility of CITY and CLUB. 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 CLUB agree CITY shall provide construction management services necessary for the
timely and successful completion of IMPROVEMENTS. CITY will be responsible for compliance with federal
labor standards, including the Davis-Bacon Act and other related acts associated with the CDBG program.
COUNTY shall provide project administrative services for activities related to completion of
IMPROVEMENTS, to include review of bid documents and bid procedures. CITY shall use the attached
"Request for Approval", Exhibit 1 of 5, to request approval from COUNTY to advertise for bids or to award any
contract(s) prior to actual bidding or awarding of contract(s), as identified in the attached "Coordination
Procedures", Exhibit 2 of 5. In addition, CITY shall insert Attachment "D", CDH Construction Contract
Provisions, Exhibit 3 of 5, into all construction bid package(s) prior to bidding. CITY shall submit to CDH all
required documents for compliance with federal labor standards, including the Department of Labor's weekly
certified payroll form W11-347348 with original signatures.
CITY may use force account labor for construction of all or a portion of IMPROVEMENTS. Where force
account labor is used, CITY will provide to CDH, prior to start of construction, the names of CITY staff who
will engage in construction and the scope of work to be performed.
6. COMPENSATION AND METHOD OF PAYMENT
�r
For performance of said services, COUNTY shall provide CDBG funds not to exceed twenty three thousand six
hundred dollars ($23,600). This payment shall constitute full and complete compensation for CITY services
Page 2 of 10
under this contract. For the purposes of this contract, COUNTY shall disburse compensation and monitor CITY
performance in satisfying the scope of work obligations under the terms of this contract.
Disbursement of payments to CITY for IMPROVEMENTS shall be in the form of reimbursement. COUNTY
shall reimburse CITY for CITY's actual cash disbursement under the term of this contract. Reimbursement shall
be contingent upon COUNTY receipt of completed "Monthly Report of Grant Expenditures and Request for
Reimbursement" form, Exhibit 4 of 5, accompanied with pertinent "audit ready" supportive evidence of each
expenditure and proof of payment to justify the reimbursement. Eligibility for reimbursements is subject to
compliance with Coordination Procedures, Exhibit 2 of 5, and timely submittal of contract compliance
documents.
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 the 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 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 CLUB shall have sole responsibility for the maintenance and operation of FACILITIES at the sole
expense of CITY and CLUB for a period of not less than ten (10)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 children and youth from low-and moderate-income households as identified in Section
2, SCOPE OF PROJECT, and in accordance with federal, state and local laws, regulations and safety standards.
CLUB 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 FACILITY for the duration of this Contract. CLUB
will ensure that its employees or agents furnish any information that in the judgement of COUNTY and HUD
representatives may be relevant to a question of compliance with contractual conditions, HUD directives, or the
effectiveness, legality, and achievements of the program.
10. CONTRACT COMPLIANCE
CITY and CLUB 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 CLUB shall comply with Executive Order 11246, as amended by Executive Orders 11375, 11478,
12086, and 12107, (Equal Employment Opportunity), Executive Orders 11625, 12138, 12432, 12250, and
Executive Order 13279 (Equal Protection of the Laws for Faith-Based and Community Organizations), Title VII
of the Civil Rights Act of 1964, the California Fair Housing and Employment Act, County Policy 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 CLUB 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
Page 3 of 10
-.No...•
addition, CITY and CLUB shall make every effort to employ residents of the area and shall keep a report of
CITY and CLUB staff positions that have been created directly as a result of this program.
11. COMPLIANCE WITH LAWS
All parties agree to be bound by applicable federal, state and local laws, ordinances,regulations and directives as
they pertain to the performance of this Contract. This Contract is subject to and incorporates the terms of the
ACT; 24 Code of Federal Regulations, Part 570, Chapter V and; U.S. Office of Management and Budget
Circular A-87.
12. CONFLICT OF INTEREST
CITY and CLUB 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 CLUB,
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 CLUB 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 CLUB agrees to provide or has already provided information on former COUNTY Administrative
Officials (as defined below) who are employed by or represent CITY and CLUB 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 CLUB. 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 or Group Head, Assistance Department or Group Head, or any employee in the Exempt
Group, Management Unit or Safety Management Unit.
14. INDEMNIFICATION
CITY and CLUB agree 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 and CLUB 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 CLUB
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 CLUB under this Contract were improperly expended.
COUNTY agrees to indemnify and hold harmless CITY and CLUB, their officers, agents and volunteers from
any and all claims, actions, losses, damages, and/or liability resulting from the COUNTY's negligent acts or
omissions which arise from the COUNTY's performance of its obligations under this Contract to the extent such
Page 4 of 10
claims, actions, losses, demands and/or liability is caused by or results from the negligent or intentional acts or
omissions of the COUNTY, its officers, employees, agents and volunteers, and for any costs or expenses
incurred by CITY and CLUB on account of any claim therefore, except where such indemnification is prohibited
by law.
In the event the COUNTY and/or CITY and CLUB are found at fault for any claim, action, loss or damage which
results from their respective obligations under the Contract, the COUNTY and/or CITY and CLUB shall
indemnify the other to the extent of their comparative fault.
15. INSURANCE REQUIREMENTS
Without, in any way affecting the indemnity herein provided and in addition thereto, CLUB 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 CLUB and all risks to such persons under this Contract.
If CLUB has no employees, it may certify or warrant to County that it does 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 Liability 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).
Comprehensive General Automobile Liability Insurance and Transportation Liability- This coverage is
to include contractual coverage, automobile liability coverage and transportation liability coverage while
providing transportation services in owned, hired, and non-owned vehicles. The policy shall have
combined single limits for bodily injury and property damage of not less than two million dollars
($2,000,000).
Errors and Omissions Liability Insurance - Combined single limits of$1,000,000 for bodily injury and
property damage and $ 3,000,000 in the aggregate or
Professional Liability - Professional Liability Insurance with limits of at least $1,000,000 per claim or
occurrence.
Additional Insured - All policies, except for Workers' Compensation, Errors and Omissions and
Professional Liability policies, shall contain additional endorsements naming COUNTY and CITY and
their officers, employees, agents, and volunteers as additional named insured with respect to liabilities
arising out of the performance of services hereunder.
Waiver of Subrogation Rights -Except for Errors and Omissions and Professional Liability, CLUB 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.
Page 5 of 10
Policies Primary and Non-Contributory - All policies required above are to be primary and non-
contributory with any insurance or self-insurance programs carried or administered by COUNTY.
Proof of Coverage - CLUB shall immediately furnish certificates of insurance to CDH and CITY
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 CLUB shall maintain such
insurance from the time CLUB commences performance of services hereunder until the completion of
such services. Within sixty (60) days of the commencement of this Contract, CLUB shall furnish
certified copies of the policies and all endorsements. CLUB shall complete and submit Contract Exhibit
5 of 5, 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 and City's Risk
Managers are 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 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. CLUB agrees to
execute any such amendment within thirty(30)days of receipt.
17. ADDITIONAL INSURANCE REQUIREMENTS
CLUB shall, at its sole expense, obtain and deliver to COUNTY for its 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 FACILITY. In the event of any damage or destruction to FACILITY covered by the
insurance, CLUB shall use the entire insurance proceeds to restore FACILITY. The insurance required under
this section shall be maintained by CLUB at its sole expense for the term of this Contract.
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. CLUB shall
inform COUNTY and CITY in writing of any change, expiration or renewal of said insurance within thirty (30)
days of the effective date of change.
18. SELF INSURANCE
CITY and COUNTY are authorized self-insured public entities for the purposes of general liability, automobile
liability, professional liability and worker's compensation. CITY and COUNTY warrant that through their
respective programs of self-insurance they have adequate coverage or resources to protect against any liabilities
arising out of their performance of the terms and conditions of this agreement.
19. RELIGIOUS PROSELYTIZING OR POLITICAL ACTIVITIES
CITY and CLUB agrees that it will not engage in inherently religious activities, such as worship, religious
instruction or proselytizing, as part of the activities funded under this Contract. Further,CITY and CLUB agrees
that it will not perform or permit political activities in connection with the performance of this Contract. Funds
Page 6 of 10
i
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 CITY and CLUB 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.
FACILITY, 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.
20. 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 CLUB.
21. ASSIGNMENT AND SUBLETTING
CITY and CLUB shall not assign, subordinate, or use for financing, this Contract or any interest therein, unless
COUNTY has previously given their written consent. Provided, however, that any approved assignment shall be
subject to all the terms, covenants, and conditions of the Contract.
If CITY and CLUB attempts 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 and CLUB, or if CITY and CLUB is adjudged bankrupt or insolvent by
any court or upon CITY and CLUB making an assignment for the benefit of creditors, COUNTY may, at its
option, forthwith terminate this Contract upon written notice thereof to CITY and CLUB, and thereupon,no one
but COUNTY shall have any further rights hereunder.
22. HYPOTHECATION OF REAL PROPERTY
During the term of this Contract, neither CITY nor CLUB, nor their 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 FACILITY without the written authorization of COUNTY. Notwithstanding
Section 23, VIOLATION OF CONTRACT, and any other provisions herein, CITY or CLUB shall reimburse
COUNTY for the fair market value of IMPROVEMENTS less any portion thereof attributable to expenditures of
non-CDBG funds for IMPROVEMENTS, should CITY or CLUB sell, hypothecate, mortgage or encumber
FACILITY without the written authorization of COUNTY during the term of this Contract.
23. VIOLATION OF CONTRACT
In the event that CITY and/or CLUB violate 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 and/or CLUB has not corrected the violation or shown acceptable cause, COUNTY 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
and/or CLUB, CITY and CLUB shall pay to COUNTY within ten (10) days of receipt of Notice of Termination
all CDBG funds that have heretofore been provided by COUNTY to CITY and CLUB pursuant to the terms of
the contract.
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 CLUB from reimbursement provisions in Section 22, HYPOTHECATION OF REAL PROPERTY.
Page 7 of 10
24. PROGRAM REPORTING AND RETENTION OF RECORDS
CITY and CLUB agree to prepare and submit financial,program progress, and other reports as required by HUD
or COUNTY directives. CITY and CLUB 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 CLUB 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 CLUB's final submission to COUNTY of reports identified under this paragraph. Records and accounts that
are 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 the 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 CLUB records, with the exception of confidential client information, shall
be made available to representatives of COUNTY and the appropriate federal agencies. CITY and CLUB are
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.
25. TERMINATION BY COUNTY
Notwithstanding Section 23, 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.
26. REVERSION OF ASSETS
All real property acquired or improved in whole or in part with CDBG funds in excess of$25,000 under this
Contract must continue in the use that provides the service benefits and national objectives for which it was
funded until five years after expiration of this Contract as set forth in 24 CFR 570.503, or such longer period of
time as determined by COUNTY; or it must be disposed of in a manner resulting in a reimbursement to
COUNTY in the amount of the current fair market value of the property less any portion thereof attributable to
expenditures of non-CDBG funds for the acquisition of, or improvement to,the property.
27. 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.
28. INVALID CONDITIONS
If any one or more of the terms, provisions, sections, promises, covenants or conditions of this Contract shall to
any extent be judged invalid,unenforceable, void or voidable for any reason whatsoever,by a court of 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.
Page 8 of 10
f
29. BINDING INTEREST
This Contract shall be binding on the parties, successors in interest,heirs and assigns.
30. SUSPENSION AND DEBARMENT
By entering this Contract, CITY and CLUB certify that CIT`k' and CLUB, including their principals, are not
suspended or debarred from participating in federally funded contracts and sub-awards.
31. NOTICES
All notices shall be served in writing. The notices shall be sent to the following addresses:
County of San Bernardino Boys and Girls Club of San Bernardino
Department of Community 1180 West 9t'Street
Development and Housing San Bernardino,CA 92411
290 North "D" Street, Sixth Floor Attn: Dolores Armstead
San Bernardino, CA 92415-0040
Attn: Community Development
City of San Bernardino
300 North"D" Street
San Bernardino, CA 92418
Attn: Valerie Ross, Development Services
Jim Sharer,Facilities Management
32. 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 CLUB 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 CLUB or such person by reason of such determination.
C. CITY and CLUB assumes 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 and CLUB 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 CLUB, or a joint venturer with CITY and CLUB.
Page 9 of 10
IN WITNESS WHEREOF,the parties have caused this Contract to be executed as of the day and year first
written above.
COUNTY OF SAN BERNARDINO CITY OF SAN BERNARDINO
By: By:
PAUL BIANE,Chairman —PATRIC'ft t-MORRI"s,MR701-
Board of Supervisors FRED WILSON, City Manager
Date: Date:
SIGNED AND CERTIFIED THAT A COPY OF
THIS DOCUMENT HAS BEEN DELIVERED TO APPROVED AS TO LEGAL FORM
THE CHAIRMAN OF THE BOARD
B
Y•
DENA M. SMITH t Attorney
Clerk of the Board of Supervisors
of the County of San Bernardino
Date:
By:
'^ BOYS "ND,GIRLS CLUB OF SAN BERNARDINO
By:�i' f�,� a
Date: DOLORES ARMSTEAD,President
APPROVED AS TO LEGAL FORM Date:
RUTH E. STRINGER
County Counsel
By:
MICHELLE D. BLAKEMORE
Deputy County Counsel for CDH
Date:
Page 10 of 10
EXHIBIT 1 of 5
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: Muscoy: Security Cameras and Door at Delmann Heights Community Center— Boys
and Girls Club SB
Case Number: 215-32103/3038
Activity Location: 2969 N. Flores Avenue San Bernardino
The City of San Bernardino 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
EXHIBIT 2 of 5
COUNTY OF SAN BERNARDINO
DEPARTMENT OF COMMUNITY DEVELOPMENT AND HOUSING
COORDINATION PROCEDURES
I. Introduction
The following procedures identify the actions, responsibilities, and sequence of events for CDBG
funded projects being implemented by a coordinated effort between the San Bernardino County
Department of Community Development and Housing, hereinafter referred to as "CDH," and the City
of San Bernardino, hereinafter referred to as "CITY". For each action or event listed in Section III of
this attachment, the entity responsible for carrying out that action or event is referenced beside it.
Section IV contains regulations and statutes applicable to CDBG funded activities.
II. Authorization to Proceed
The CITY is not authorized to expend funds or to initiate CDBG projects until authorized to do so in
writing by CDH. Contract procurement shall be governed by all Federal regulations and statutes, as
amended, as 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, engineering, or other consultant
services.
b. CITY: Submits, prior to release all RFP's to CDH for review for contract
compliance and consistency with Federal Title 24 CFR, Part 85 Section
85.36 (Procurement Standards).
c. CITY: Reviews RFP's for compliance with State, Federal, local and CDH
regulations. Requests CDH for"Approval to Proceed to Issue RFP".
d. CDH: Issues to CITY an "Approval to Proceed to Issue an RFP".
e. CITY: Advertises RFP, receives responses, interviews, requests CDH
representation on selection committee and makes selection.
f. CITY: Notifies CDH of selection. Sends back-up documentation and draft
contract to CDH. Requests CDH for "Approval to Proceed to Award a
Consultant Services Contract".
g. CDH: Reviews final contract for contract compliance and issues an "Approval to
Proceed to Award a Consultant Services Contract".
h. CITY: Awards Consultant Services Contract.
Page 1 of 5
B. Design Phase
1. CITY: Monitors preparation of preliminary plans by architect.
2. CITY: Notifies CDH of all public meetings with architect five working days before
event.
3. CDH/: Reviews and approves preliminary design.
CITY
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 which 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
Boilerplate", 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 plan check of plans and specifications from the appropriate
Building and Safety Authority.
D. 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,
which 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 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
Page 2 of 5
change in project description should be sent at this time. Requests over
25% of project allocation, requires approval by CITY governing body in a
public hearing.
6. CDH: Reviews Contractor/Subcontractor's eligibility to receive Federal contracts.
7. CDH: Issues "Approval to Proceed" to CITY.
8. CITY: Approves the Affirmative Action Plan for contractors who: 1) employ ten
(10) or more employees, or 2) bid work for more than $10,000.
9. CITY: Insures completeness of contract documents prior to award of contract.
Construction contracts must contain a copy of Federal Labor Standards,
applicable Federal Wage Determination, and a copy of restrictions on
public buildings and public works projects provisions.
10. CITY: Awards Contract.
11. CITY: Notifies CDH of pre-construction conference.
12. CITY: Conducts pre-construction conference (CDH attendance mandatory). CDH
forwards Contract Compliance Instructions to prime contractor.
13. CITY: Provides CDH with a copy of signed contract prior to start of construction.
CITY ensures completion of bonds and obtains contractor/subcontractor
certifications concerning labor standards and prevailing wage
requirements; regarding 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:
Page 4 of 5
..r
Request for Reimbursement and accompanying documentation.
Payments on said requests are subject to complete compliance with
Federal Labor Standards.
22. CITY: Notifies CDH of all meetings regarding CDH projects, such as Design
Conferences, Public Meetings, meetings with Community Development
Advisory Commission, and CITY at least five (5) working days before event
occurs.
23. CITY: Processes change orders and sends copy(ies) 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 subcontractors(a) 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, 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
*y,,w 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. Community Development Block Grant Regulations of the Housing and Community Development
Act of 1974, as amended (24 CFR 570)
B. Applicable Uniform Administrative Requirements.
1) Office of Management and Budget Circular A-87.
2) Office of Management and Budget Circular A-128.
it 4
3) 24 CFR Part 85.
C. Applicable Uniform Administrative Requirements For Subrecipients that are not Governmental
Entities.
Page 5 of 5
1) Office of Management and Budget Circular A-110.
2) Office of Management and Budget Circular A-122.
3) 24 CFR Part 84.
D. Federal Labor Standards Compliance Handbook No. 1344.1 REV-1 including:
1) Davis-Bacon Act (40 U.S.C. 276a to a-7).
2) Contract Work Hours and Safety Standards Act (40 U.S.C. 327-330).
3) Copeland Act (18 U.S.C. 874)
E. Equal Employment Opportunity Requirements of Executive Order 11246, as amended.
F. Environmental Protection Agency Regulations (40 CFR Part 1500-1508).
G. Flood Disaster Protection Act of 1973 (42 U.S.C. 4001-4128)
H. Archaeological and Historic Preservation Act of 1974.
I. Rehabilitation Act of 1973, as amended.
J. Americans With Disabilities Act.
K. Clean Air Act (42 U.S.C. 7401 et seq)
L. Clean Water Act (33 U.S.C. 1368).
r..
M. Section 3 Regulations of the Housing and Urban Development Act of 1968, Title 24 CFR, Part
135 (12 U.S.C. 1701 u).
N. Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000d et seq).
O. Fair Housing Act (42 U.S.C. 3601-20).
P. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended
(42 U.S.C. 4601-4655).
Q. Hatch Act.
R. Lead Based Paint Poisoning Prevention Act (42 U.S.C. 4831(b)).
s.r
Page 5 of 5
EXHIBIT 3 of 5
ATTACHMENT "D"
CDH CONSTRUCTION CONTRACT
PROVISIONS
i
ATTACHMENT "D"
TABLE OF CONTENTS
Construction Contract Provision Definitions.............. .................................page 1
Bid Package INSERTS and Contract INSERTS ..........................................page 2
Required Documents Checklist................................................... ............page 3
Federal Labor Standards Provisions (HUD 4010 form)...................................pages 4-7
Contractor's Certification of Compliance with Davis-Bacon and Reated Acts.........page 8
Minority and Women Owned Business Enterprise Participation........................pages 9-10
Certification of Bidder Regarding Equal Employment Opportunity........................page 1 I
Certification of Subcontractor Regarding Equal Employment Opportunity............page 12
Section 3 Report - Contracts of$100,000 or more........................................page 13
Section `3' Clause..............................................................................page 14
Federal Prevailing Wage Decision............................................................page 15
Affirmative Action Compliance Guidelines................................................pages 16-19
Equal Employment Opportunity (EEO) Clauses and EEO Construction Contract
Provisions.......................................................................................pages 20-27
Certification of Compliance with Air & Water Acts......................................page 28
Additional Required Documents & Sample Documents....... ............................pages 29-42
CONSTRUCTION CONTRACT PROVISIONS - DEFINITIONS
The following are definitions of State and Federal provisions/documents for federally-assisted projects. Please refer to
the" Required Documents Checklist"for any documents to be completed and submitted for this project.
Affirmative Action Compliance Guidelines For Construction or Non-Construction Contractors - Generally,
affirmative action requirements apply to contracts and subcontracts in excess of $10,000. This document provides
guidelines to help contractors meet affirmative action and equal employment opportunity requirements set forth in
Federal regulations 41 CFR 60.
Bid Bond - A bid guarantee of at least 10% of the contract price is required from each bidder and must be submitted
with the Bid. A sample form is included under"Example Documents"of the Attachment"D".
Certificate of Owner's Attorney -This certificate is to be completed by the owner's attorney when applicable. A sample
form is included under"Example Documents"of the Attachment"D".
Certification of Bidder Regarding Equal Employment Opportunity -This certification is required by Federal law (41
CFR 60) and ,must completed by the prime contractor and submitted to the CITY/COUNTY prior to the pre-construction
meeting.
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.
Certification of Proposed Subcontractor Regarding Equal Employment Opportunity - This certification must be
completed by all subcontractors and submitted to the prime contactor for submittal to the CITY/COUNTY prior to the pre-
construction meeting.
Contractor's Certification of Compliance with Davis-Bacon and Related Acts - This certification is required by
Federal law(29 CFR 5) and must be completed by the prime contractor and submitted to the CITY/COUNTY.
Equal Employment Opportunity Clauses/Equal Employment Opportunity Construction Contract Provisions -
These provisions are to be inserted in all applicable federally-assisted contracts and subcontracts.
Federal Labor Standards Provisions (HUD 4010 form) - These provisions set forth the federal labor requirements for
contactors working on a federally-assisted construction projects in which the prime contract exceeds $2,000. The prime
contractor and all subcontractors are required to pay their laborers and mechanics working onsite 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. The prime contractor is responsible for including these provisions in all
subcontracts.
Federal Prevailing Wage Decision - The Federal Wage Decision contains the federal wage rates for heavy
construction projects within the County of San Bernardino. A copy of the decision is included in the bid package and can
also be found at http://www.gpo.gov/davisbacon/ca.html. The wage decision that applies to the project is the one in
effect 10 days prior to the bid opening date.
Labor and Materials Bond - This payment bond guarantees that employees/subcontractors, and suppliers are paid for
services rendered and materials supplied. The Labor & Materials Bond must be at least one hundred percent (100°/x) of
the contract price and must be submitted to the CITY/COUNTY upon award of the contract.
Minority and Women-Owned Business Enterprise Participation Form - This form contains data collected by the
U.S. Department of Housing and Urban Development and must be completed by the prime contractor and submitted to
the CITY/COUNTY prior to the pre-construction meeting.
Performance Bond - This bond guarantees the contractor's performance under the terms of the construction contract
and must be at least one hundred percent (100%) of the contract price and submitted to the CITY/COUNTY following
award of the contract.
"Section 3" -This law applies to construction contracts exceeding $100,000, on projects funded by the U.S. Department
of Housing and Urban Development (HUD). To the greatest extent feasible, contractor(s) and subcontractor(s) must
attempt to become a Section 3 business. A Section 3 business is one owned by a low-income person, a business of
which 30% of the workforce is comprised of low-income individuals, or a business that contracts 25% of its work to
Section 3 businesses.
Page 1 of 42
�F
BID PACKAGE INSERT - 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.
BID PACKAGE INSERT - 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.
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.
Notice of Requirement For Affirmative Action To Ensure Equal Employment Opportunity - The
bidder's attention is called to the "Equal Opportunity Clause and ''Standard Federal Equal Employment
Specifications" contained in the bid package. Goals and timetables for minority and female participation,
expressed in percentage terms for the Contractors aggregate workforce in each trade on all construction
work in the covered area, is 19% for minorities and 6.9% for women.
INSERT - CONSTRUCTION CONTRACT
Federal Labor Standard Provisions (HUD 4010 form) apply to this project and are attached.
Page 2 of 42
i
REQUIRED DOCUMENTS CHECKLIST
REQUIRED PRIOR TO CONTRACT AWARD
[ ] 1. Bid Package signed by contractor or letter stating that the project specifications document is part of
the contract
[ J 2. Signed Partnership Agreement (if applicable)
[ ] 3. Bid Bond
REQUIRED PRIOR TO PRECONSTRUCTION MEETING
( ] 4. Executed Contract/Purchase Order NOTE: HUD form 4010 must be attached to contract
[ ] 5. Bonds (performance/payment or labor and material bonds)
[ ] 6. Completed "Minority and Women Owned Business Enterprise Participation" form
[ ] 7. Completed Bidder/Subcontractor's Certification regarding Equal Employment
[ ] 8. Signed Contractor's Certification of Compliance with Davis-Bacon and Related Act
Requirements
REQUIRED DURING CONSTRUCTION
[ ) 9. Weekly Certified Payrolls
[ ] 10. Statement of Authorization (required if payrolls are certified by someone other than the owner or
corporate officer)*
[ ]
11. Fringe Benefit Statement (required if employee benefits are paid to a trust/ fund)*
A
[ ] 12. Section 3 Report (Applies to contracts of$100,000 or more)
*Note: These forms are located in the "Additional Required Documents/Sample Documents"section
of Attachment 'D" and will be discussed by County CDH staff at the preconstruction meeting
C
Page 3 of 42
Federal Labor Standards Provisions U.S.Department of Housing
and Urban Development
Office of Labor Relations
,%pplicability
The project or program to which the construction work covered by appropriate), a report of the action taken shall be sent by HUD or
this contract pertains is being assisted by the United States of its designee to the Administrator of the Wage and Hour Division,
America and the following Federal Labor Standards Provisions are Employment Standards Administration, U.S. Department of Labor,
included in this Contract pursuant to the provisions applicable to Washington, D.C. 20210. The Administrator, or an authorized
such Federal assistance. representative, will approve, modify, or disapprove every additional
A. 1. (i) Minimum Wages. All laborers and mechanics employed or classification action within 30 days of receipt and so advise HUD
working upon the site of the work will be paid unconditionally and or its designee or will notify HUD or its designee within the 30-day
not less often than once a week, and without subsequent period that additional time is necessary. (Approved by the Office
deduction or rebate on any account (except such payroll of Management and Budget under OMB control number 1215-
deductions as are permitted by regulations issued by the Secretary 0140.)
of Labor under the Copeland Act (29 CFR Part 3), the full amount (c) In the event the contractor, the laborers or mechanics to be
of wages and bona fide fringe benefits (or cash equivalents employed in the classification or their representatives,and HUD or
thereof) due at time of payment computed at rates not less than its designee do not agree on the proposed classification and wage
those contained in the wage determination of the Secretary of rate (including the amount designated for fringe benefits, where
Labor which is attached hereto and made a part hereof, regardless appropriate), HUD or its designee shall refer the questions,
of any contractual relationship which may be alleged to exist including the views of all interested parties and the recommenda-
between the contractor and such laborers and mechanics. tion of HUD or its designee,to the Administrator for determination.
Contributions made or costs reasonably anticipated for bona fide The Administrator, or an authorized representative, will issue a
fringe benefits under Section I(b)(2) of the Davis-Bacon Act on determination within 30 days of receipt and so advise HUD or its
behalf of laborers or mechanics are considered wages paid to such designee or will notify HUD or its designee within the 30-day period
laborers or mechanics, subject to the provisions of 29 CFR that additional time is necessary. (Approved by the Office of
5.5(a)(1)(iv); also, regular contributions made or costs incurred for Management and Budget under OMB Control Number 12150140.)
more than a weekly period (but not less often than quarterly) under (d) The wage rate (including fringe benefits where appropriate)
plans, funds, or programs, which cover the particular weekly period, determined pursuant to subparagraphs (1)(ii)(b)or(c)of this para-
are deemed to be constructively made or incurred during such graph, shall be paid to all workers performing work in the classifi-
weekly period. cation under this contract from the first day on which work is per-
Such laborers and mechanics shall be paid the appropriate wage formed in the classification.
and fringe benefits on the wage determination for the classi- (iii) Whenever the minimum wage rate prescribed in the contract
ation of work actually performed, without regard to skill, except for a class of laborers or mechanics includes a fringe benefit which
as provided in 29 CFR 5.5(a)(4). Laborers or mechanics per- is not expressed as an hourly rate, the contractor shall either pay
forming work in more than one classification may be compensated the benefit as stated in the wage determination or shall pay gn-
at the rate specified for each classification for the time actually other bona fide fringe benefit or an hourly cash equivalent thereof.
worked therein: Provided, That the employer's payroll records (iv) If the contractor does not make payments to a trustee or
accurately set forth the time spent in each classification in which other third person, the contractor may consider as part of the
work is performed. The wage determination (including any addi- wages of any laborer or mechanic the amount of any costs rea-
tional classification and wage rates conformed under 29 CFR sonably anticipated in providing bona fide fringe benefits under a
5.5(a)(1)(ii) and the Davis-Bacon poster (WH-1321) shall be posted plan or program, Provided, That the Secretary of Labor has found,
at all times by the contractor and its subcontractors at the site of upon the written request of the contractor, that the applicable stan-
the work in a prominent and accessible, place where it can be dards of the Davis-Bacon Act have been met. The Secretary of
easily seen by the workers. Labor may require the contractor to set aside in a separate ac-
(ii) (a)Any class of laborers or mechanics which is not listed in the count assets for the meeting of obligations under the plan or pro-
wage determination and which is to be employed under the gram. (Approved by the Office of Management and Budget under
contract shall be classified in conformance with the wage deter- OMB Control Number 1215-0140.)
mination. HUD shall approve an additional classification and wage 2. Withholding. HUD or its designee shall upon its own action or
rate and fringe benefits therefor only when the following criteria upon written request of an authorized representative of the be-
have been met: partment of Labor withhold or cause to be withheld from the con-
(1) The work to be performed by the classification requested is tractor under this contract or any other Federal contract with the
not performed by a classification in the wage determination; and same prime contractor, or any other Federally-assisted contract
(2) The classification is utilized in the area by the construction subject to Davis-Bacon prevailing wage requirements, which is
industry; and held by the same prime contractor so much of the accrued pay-
(3) The proposed wage rate, including any bona fide fringe ben- ments or advances as may be considered necessary to pay la-
efits, bears a reasonable relationship to the wage rates contained borers and mechanics, including apprentices, trainees and help-
in the wage determination. ers, employed by the contractor or any subcontractor the full
(b) If the contractor and the laborers and mechanics to be em- amount of wages required by the contract. In the event of failure to
ployed in the classification (if known), or their representatives, and pay any laborer or mechanic, including any apprentice, trainee or
HUD or its designee agree on the classification and wage rate helper,employed or working on the site of the work, all or part
,,luding the amount designated for fringe benefits where
+4f
Previous edition is obsolete Page 1 of 4 HUD-4010(07/2003)
ref.Handbook 1344.1
Page 4 of 42
of the wages required by the contract, HUD or its designee may, period has been paid the full weekly wages earned,without rebate,
after written notice to the contractor, sponsor, applicant, or owner, either directly or indirectly,and that no deductions have been made
'-ke such action as may be necessary to cause the suspension of either directly or indirectly from the full wages earned,other than
7 further payment, advance, or guarantee of funds until such permissible deductions as set forth in 29 CFR Part 3;
.Jations have ceased. HUD or its designee may, after written (3) That each laborer or mechanic has been paid not less than
notice to the contractor, disburse such amounts withheld for and the applicable wage rates and fringe benefits or cash equivalents
on account of the contractor or subcontractor to the respective for the classification of work performed, as specified in the appli-
employees to whom they are due. The Comptroller General shall cable wage determination incorporated into the contract.
make such disbursements in the case of direct Davis-Bacon Act (c) The weekly submission of a properly executed certification set
contracts. forth on the reverse side of Optional Form WH-347 shall satisfy
3. (i) Payrolls and basic records. Payrolls and basic records the requirement for submission of the "Statement of Compliance"
relating thereto shall be maintained by the contractor during the required by subparagraph A.3.(ii)(b).
course of the work preserved for a period of three years thereafter (d) The falsification of any of the above certifications may subject
for all laborers and mechanics working at the site of the work. the contractor or subcontractor to civil or criminal prosecution
Such records shall contain the name, address, and social security under Section 1001 of Title 18 and Section 231 of Title 31 of the
number of each such worker, his or her correct classification, United States Code.
hourly rates of wages paid (including rates of contributions or (iii) The contractor or subcontractor shall make the records re-
costs anticipated for bona fide fringe benefits or cash equivalents uired under subparagraph A.3. i available for inspection, co
thereof of the types described in Section I(b)(2)(B) of the Davis- q () p copy
-
thereof
Act), daily and weekly number of hours worked, deductions ing, or transcription by authorized representatives of HUD or its
designee or the Department of Labor, and shall permit such rep-
made and actual wages paid. Whenever the Secretary of Labor resentatives to interview employees during working hours on the
has found under 29 CFR 5.5(a)(1)(iv)that the wages of any laborer
or mechanic include the amount of any costs reasonably lob. If the contractor or subcontractor fails to submit the required
benefits under a plan or program records or to make them available, HUD or its designee may, after
anticipated in providing be Davis Act, the written notice to the contractor, sponsor, applicant or owner, take
described in Section I(b)(2)nef i of the Bacon
such action as may be necessary to cause the suspension of any
contractor shall maintain records which show that the
commitment to provide such benefits is enforceable, that the plan further payment, advance, or guarantee of funds. Furthermore,
or program is financially responsible, and that the plan or program failure to submit the required records upon request or to make
h such records available may be grounds for debarment action pur
as been communicated in writing to the laborers or mechanics
suant to 29 CFR 5.12.
affected,and records which show the costs anticipated or the actual
cost incurred in providing such benefits. Contractors employing 4.Apprentices and Trainees.
apprentices or trainees under approved programs shall maintain (i)Apprentices. Apprentices will be permitted to work at less than
-'tten evidence of the registration of apprenticeship programs and the predetermined rate for the work they performed when they are
tification of trainee programs, the registration of the apprentices employed pursuant to and individually registered in a bona fide
dnd trainees, and the ratios and wage rates prescribed in the apprenticeship program registered with the U.S. Department of
applicable programs. (Approved by the Office of Management and Labor, Employment and Training Administration, Office of
Budget under OMB Control Numbers 1215-0140 and 1215-0017.) Apprenticeship Training, Employer and Labor Services, or with a
(ii) (a) The contractor shall submit weekly for each week in which State Apprenticeship Agency recognized by the Office, or if a
any contract work is performed a copy of all payrolls to HUD or its person is employed in his or her first 90 days of probationary
designee if the agency is a parry to the contract, but if the agency is employment as an apprentice in such an apprenticeship program,
not such a party, the contractor will submit the payrolls to the who is not individually registered in the program, but who has
applicant sponsor, or owner, as the case may be, for transmission been certified by the Office of Apprenticeship Training, Employer
to HUD or its designee. The payrolls submitted shall set out ac- and Labor Services or a State Apprenticeship Agency (where
curately and completely all of the information required to be main- appropriate) to be eligible for probationary employment as an
tained under 29 CFR 5.5(a)(3)(i).This information may be submit- apprentice. The allowable ratio of apprentices to journeymen on
ted in any form desired. Optional Form WH-347 is available for the job site in any craft classification shall not be greater than the
this purpose and may be purchased from the Superintendent of ratio permitted to the contractor as to the entire work force under
Documents (Federal Stock Number 029-005-00014-1), U.S. Gov- the registered program. Any worker listed on a payroll at an ap-
ernment Printing Office, Washington, DC 20402. The prime con- prentice wage rate, who is not registered or otherwise employed
tractor is responsible for the submission of copies of payrolls by as stated above, shall be paid not less than the applicable wage
all subcontractors. (Approved by the Office of Management and rate on the wage determination for the classification of work actu-
Budget under OMB Control Number 1215-0149.) ally performed. In addition, any apprentice performing work on the
(b) Each payroll submitted shall be accompanied by a "Statement job site in excess of the ratio permitted under the registered
of Compliance," signed by the contractor or subcontractor or his or program shall be paid not less than the applicable wage rate on
her agent who pays or supervises the payment of the persons the wage determination for the work actually performed. Where a
employed under the contract and shall certify the following: contractor is performing construction on a project in a locality other
(1) That the payroll for the payroll period contains the information than that in which its program is registered, the ratios and wage
required to be maintained under 29 CFR 5.5 (a)(3)(i) and that rates (expressed in percentages of the journeyman's hourly rate)
specified in the contractor's or subcontractor's registered program
such information is correct and complete; shall be observed. Every apprentice must be paid at not less than
(2) That each laborer or mechanic (including each helper, ap- the rate specified in the registered program for the apprentice's
prentice,and trainee)employed on the contract during the payroll level of progress,expressed as a percentage of the
0
Previous edition is obsolete Page 2 of 4 form HUD-4010(07/2003)
ref.Handbook 1344.1
Page 5 of 42
Journeymen hourly rate specified in the applicable wage determi- tract and for debarment as a contractor and a subcontractor as
nation. Apprentices shall be paid fringe benefits in accordance provided in 29 CFR 5.12.
Nth the provisions of the apprenticeship program. If the appren- 8. Compliance with Davis-Bacon and Related Act Requirements.
ticeship program does not specify fringe benefits, apprentices must All rulings and interpretations of the Davis-Bacon and Related Acts
, paid the full amount of fringe benefits listed on the wage deter- contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by
,nation for the applicable classification. If the Administrator de- reference in this contract
termines that a different practice prevails for the applicable ap- g. Disputes concerning labor standards. Disputes arising out of
prentice classification,fringes shall be paid in accordance with that the labor standards provisions of this contract shall not be subject
determination. In the event the Office of Apprenticeship Training, to the general disputes clause of this contract. Such disputes shall
Employer and Labor Services, or a State Apprenticeship Agency be resolved in accordance with the procedures of the Department
recognized by the Office, withdraws approval of an apprenticeship of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the
program, the contractor will no longer be permitted to utilize meaning of this clause include disputes between the contractor(or
apprentices at less than the applicable predetermined rate for the any of its subcontractors) and HUD or its designee, the U.S.
work performed until an acceptable program is approved. Department of Labor,or the employees or their representatives.
(ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not 10. (i)Certification of Eligibility. By entering into this contract the
be permitted to work at less than the predetermined rate for the contractor certifies that neither it(nor he or she) nor any person or
work performed unless they are employed pursuant to and firm who has an interest in the contractor's firm is a person or firm
individually registered in a program which has received prior ap- ineligible to be awarded Government contracts by virtue of Section
proval, evidenced by formal certification by the U.S. Department of 3(a)of the Davis-Bacon Act or 29 CFR 5.12(a)(1)or to be awarded
Labor, Employment and Training Administration. The ratio of HUD contracts or participate in HUD programs pursuant to 24 CFR
trainees to journeymen on the job site shall not be greater than Part 24.
permitted under the plan approved by the Employment and Train-
ing Administration. Every trainee must be paid at not less than the (ii) No part of this contract shall be subcontracted to any person
r or firm ineligible for award of a Government contract by virtue of
ate specified in the approved program for the trainee's level of
Section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be
progress, expressed as a percentage of the journeyman hourly
awarded HUD contracts or participate in HUD programs pursuant
rate specified in the applicable wage determination. Trainees shall
be paid fringe benefits in accordance with the provisions of the to 24 CFR Part 24.
trainee program. If the trainee program does not mention fringe (iii) The penalty for making false statements is prescribed in the
benefits, trainees shall be paid the full amount of fringe benefits U.S. Criminal Code, 18 U.S.C. 1001. Additionally, U.S. Criminal
listed on the wage determination unless the Administrator of the Code, Section 1 01 0, Title 18, U.S.C., "Federal Housing Adminis-
Wage and Hour Division determines that there is an apprentice- tration transactions", provides in part: "Whoever,for the purpose of
ship program associated with the corresponding journeyman wage • . . influencing in any way the action of such Administration
rate on the wage determination which provides for less than full makes, utters or publishes any statement knowi •,g the same to be
fringe benefits for apprentices. Any employee listed on the payroll false._shall be fined not more than$5,000 or imprisoned not more
a trainee rate who is not registered and participating in a than two years,or both."
aining plan approved by the Employment and Training Adminis- 11. Complaints, Proceedings, or Testimony by Employees. No
tration shall be paid not less than the applicable wage rate on the laborer or mechanic to whom the wage, salary, or other labor
wage determination for the work actually performed. In addition, standards provisions of this Contract are applicable shall be dis-
any trainee performing work on the job site in excess of the ratio charged or in any other manner discriminated against by the Con-
permitted under the registered program shall be paid not less than tractor or any subcontractor because such employee has filed any
the applicable wage rate on the wage determination for the work complaint or instituted or caused to be instituted any proceeding or
actually performed. In the event the Employment and Training has testified or is about to testify in any proceeding under or
Administration withdraws approval of a training program, the con- relating to the labor standards applicable under this Contract to his
tractor will no longer be permitted to utilize trainees at less than employer.
the applicable predetermined rate for the work performed until an
acceptable program is approved.
B. Contract Work Hours and Safety Standards Act. The provi-
(ui) Equal employment o pp ortunit y' The utilization of a pp ren- sions of this paragraph B are applicable only where the amount of
tices, trainees and journeymen under 29 CFR Part 5 shall be in the prime contract exceeds$100,000.As used in this paragraph,the
conformity with the equal employment opportunity requirements of terms"laborers"and"mechanics"include watchmen and guards.
Executive Order 11246,as amended,and 29 CFR Part 30.
(1) Overtime requirements. No contractor or subcontractor con-
5. Compliance with Copeland Act requirements. The contrac- tracting for any part of the contract work which may require or involve
for shall comply with the requirements of 29 CFR Part 3 which are the employment of laborers or mechanics shall require or permit any
inco"rporated by reference in this contract such laborer or mechanic in any workweek in which he or she is
6. Subcontracts. The contractor or subcontractor will insert in employed on such work to work in excess of 40 hours in such work-
any subcontracts the clauses contained in subparagraphs 1 week unless such laborer or mechanic receives compensation at a
through 11 of this paragraph A and such other clauses as HUD or rate not less than one and one-half times the basic rate of pay for all
its designee may by appropriate instructions require, and a copy of hours worked in excess of 40 hours in such workweek.
the applicable prevailing wage decision, and also a clause re- (2) Violation; liability for unpaid wages; liquidated damages.
quiring the subcontractors to include these clauses in any/owes tier In the event of any violation of the clause set forth in subpara-
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.
form HUD-4010(07/2003)
rel.MarIODOOK .1
r-revious edition is obsolete
7.Contract termination; debarment.A breach of the contract
clauses in 29 CFR 5.5 may be grounds for termination of the con-
3 of 4
Page 6 of 42
-graph (40 of this paragraph, the contractor and any subcontractor (4) Subcontracts. The contractor or subcontractor shall insert in
responsible therefor shall be liable for the unpaid wages. In addi- any subcontracts the clauses set forth in subparagraph (1)through
Pion, such contractor and subcontractor shall be liable to the United (4) of this paragraph and also a clause requiring the sub-
States (in the case of work done under contract for the District of contractors to include these clauses in any lower tier subcontracts.
.olumbia or a territory, to such District or to such territory), for The prime contractor shall be responsible for compliance by any
auidated damages. Such liquidated damages shall be computed subcontractor or lower tier subcontractor with the clauses set forth in
with respect to each individual laborer or mechanic, including subparagraphs(1)through (4)of this paragraph.
watchmen and guards,employed in violation of the clause set forth C. Health and Safety. The provisions of this paragraph C are sp-
in subparagraph (1) of this paragraph, in the sum of $10 for each plicable only where the amount of the prime contract exceeds
calendar day on which such individual was required or permitted to $100,000.
work in excess of the standard workweek of 40 hours without (1) No laborer or mechanic shall be required to work in surround-
payment of the overtime wages required by the clause set forth in ings or under working conditions which are unsanitary, hazardous,
sub paragraph (1)of this paragraph. or dangerous to his health and safety as determined under
(3) Withholding for unpaid wages and liquidated damages. construction safety and health standards promulgated by the Sec-
HUD or its designee shall upon its own action or upon written retary of Labor by regulation.
request of an authorized representative of the Department of La- (2) The Contractor shall comply with all regulations issued by the
bor withhold or cause to be withheld,from any moneys payable on Secretary of Labor pursuant to Title 29 Part 1926 and failure to
account of work performed by the contractor or subcontractor comply may result in imposition of sanctions pursuant to the Con-
under any such contract or any other Federal contract with the tract Work Hours and Safety Standards Act,40 USC 3701 et seq.
same prime contract, or any other Federally-assisted contract
subject to the Contract Work Hours and Safety Standards Act (3) The Contractor shall include the provisions of this paragraph
in which is held by the same prime contractor such sums as may be every subcontract so that such provisions will be binding on
determined to be necessary to satisfy any liabilities of such con- each subcontractor. The Contractor shall take such action with
tractor or subcontractor for unpaid wages and liquidated damages respect to any subcontract the Secretary Housing and
as provided in the clause set forth in subparagraph (2) of this Urban Development or the Secretary of Labor shall direct as a
means of enforcing such provisions.
paragraph.
Previous edition is obsolete form HUD-4010(07/2003)
ref. Handbook 1344.
4 of 4
Page 7 of 42
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.
IF THE COMPANY IS A CORPORATION, CORPORATE OFFICERS ARE AS FOLLOWS:
President
Vice-President
Secretary/ Treasurer
Signature,Prime Contractor
Title (Owner or President)
Date
Page 8 of 42
SAN BERNARDINO COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT AND HOUSING
MINORITY AND WOMEN OWNED BUSINESS ENTERPRISE PARTICIPATION
This form is designed to assist the County of San Bernardino in assessing and reporting the proposition and
amounts of contracts and subcontracts awarded to Minority and Women Owned Business Enterprises
(WMBE'S) for the project named below. Include information on all subcontractors and suppliers if the total bid
amount exceeds $10,000.
"Minority owned or controlled" means that 51% or more of the company's ownership or controlled interest in
the company is held by one or more Black Americans, Native Americans (including American Indians,
Eskimos, Aleuts, and Native Hawaiians), Hispanic Americans, or Asian/Pacific Americans (including persons
whose origins are from Japan, China, the Philippines, Vietnam, Korea, Samoa, Guam, the United States Trust
Territories of the Pacific, Northern Marianas, Laos, Cambodia and Taiwan), or any other group of natural
persons identified as minorities in the project specifications by the County.
"Female owned or controlled" means that 51% or more of the company's ownership or controlled interest in
the company is held by one or more female persons.
PROJECT
Project Name Project Number
$ Federally funded or assisted? [ ]Yes [ J No
Total Bid Amount
CONTRACTOR
Contractor's Name Address
Federal I.D. Number CITY State Zip Code
$ Minority owned/controlled? [ ] Yes [ ] No
Portion of Bid Amount to be If so, what Minority?
performed by Contractor Female owned/controlled? [ ] Yes [ ] No
SUBCONTRACTORS
1)
Subcontractor's Name Address
Federal I.D. Number CITY State Zip Code
$ Minority owned/controlled? [ ] Yes [ ] No
Subcontract Bid Amount If so, what Minority?
Female owned/controlled? [ ] Yes [ ] No
------------------------------------------------------------------------------------------------------------------------------------------------
2)
Subcontractor's Name Address
Federal I.D. Number CITY State Zip Code
$ Minority owned/controlled? [ ] Yes [ ] No
Subcontract Bid Amount If so, what Minority?
Female owned/controlled? [ ] Yes [ ] N
1 of 2
Page 9 of 42
MINORITY AND WOMEN OWNED BUSINESS ENTERPRISE PARTICIPATION (Continued)
3)
Subcontractor's Name Address
Federal I.D. Number CITY State Zip Code
$ Minority owned/controlled? [ ] Yes [ ] No
Subcontract Bid Amount If so, what Minority?
Female owned/controlled? [ ] Yes [ ] No
-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
4)
Subcontractor's Name Address
Federal I.D. Number CITY State Zip Code
$ Minority owned/controlled? [ ]Yes [ ] No
Subcontract Bid Amount If so, what Minority?
Female owned/controlled? [ ]Yes [ ] No
------------------------ -----------------------------------------------------------------------------------------------------------------------------------------------------------
5)
Subcontractor's Name Address
Federal I.D. Number CITY State Zip Code
$ Minority owned/controlled? [ ] Yes [ ] No
Subcontract Bid Amount If so, what Minority?
Female owned/controlled? [ ] Yes [ ] No
-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
6)
Subcontractor's Name Address
Federal I.D. Number CITY State Zip Code
$ Minority owned/controlled? [ ] Yes [ ] No
Subcontract Bid Amount If so, what Minority?
Female owned/controlled? [ ]Yes [ ) No
-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
7)
Subcontractor's Name Address
Federal I.D. Number CITY State Zip Code
$ Minority owned/controlled? [ ]Yes [ ] No
Subcontract Bid Amount If so, what Minority?
Female owned/controlled? [ ]Yes [ ] No
-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
8)
Subcontractor's Name Address
Federal I.D. Number CITY State Zip Code
$ Minority owned/controlled? [ ] Yes [ ] No
Subcontract Bid Amount If so, what Minority?
Female owned/controlled? [ j Yes [ ] No
-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
9)
Subcontractor's Name Address
Federal I.D. Number CITY State Zip Code
$ Minority owned/controlled? [ ] Yes [ ] No
Subcontract Bid Amount If so, what Minority?
Female owned/controlled? [ ] Yes [ ] No
2 of 2
Page 10 of 42
CERTIFICATION OF BIDDER REGARDING
EQUAL EMPLOYMENT OPPORTUNITY
Project Name:
INSTRUCTIONS
This certification is required pursuant to Executive Order 11246 (30 F.R. 12319-25). The implementing rules and regulations
provide that any bidder or prospective contractor, or any of their proposed subcontractors, shall state as an initial part of the bid or
negotiations of the contract whether it has participated in any previous contract or subcontract subject to the equal opportunity
clause; and, if so,whether it has filed all compliance reports due under applicable instructions.
Where the certification indicates that the bidder has not filed a compliance report due under applicable instructions, such bidder
shall be required to submit a compliance report within seven calendar days after bid opening. No contract shall be awarded unless
such report is submitted.
CERTIFICATION BY BIDDER
Bidder's Name
Address &Zip Code
1. Bidder has on file an affirmative action program pursuant to Part 60-2 (applies to non-construction contracts).
Yes ❑ No ❑
2.Bidder has participated in a previous contract or subcontract subject to the Equal Opportunity Clause.
Yes ❑ No ❑ (If answer is yes, identify the most recent contract.)
(If answer is no, contractor may be required to submit an EEO-1 survey
or other reports to the Equal Employment Opportunity Commission,
contact the EEOC at 800-669-4000 or inquire online at
http.-Ilwww.eeoc..qovleeolsurveVIindex.html.
1. Compliance reports were filed in connection with such contract or subcontract with the Joint Reporting Committee,
the Deputy Assistant Secretary or the Equal Employment Opportunity Commission.
Yes ❑ No ❑ None required ❑
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
Page 11 of 42
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:
1.13idder has on file an affirmative action program pursuant to Part 60-2 (applies to non-construction contracts).
Yes ❑ No ❑
2.13idder has participated in a previous contract or subcontract subject to the Equal Opportunity Clause.
Yes ❑ No❑ (If answer is yes, identify the most recent contract.)
(If answer is no, contractor may be required to submit an EEO-1 survey
or other reports to the Equal Employment Opportunity Commission,
contact the EEOC at 800-669-4000 or inquire online at
http://www.eeoc...qovleeo 1 surveV/index.html.
3.Compliance reports were filed in connection with such contract or subcontract with the Joint Reporting Committee,
the Deputy Assistant Secretary or the Equal Employment Opportunity Commission.
Yes ❑ No ❑ None required ❑
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.
Page 12 of 42
Section 3 Report - Contracts over $100,000
Project Name/Number:
Prime Contractor Name/Address/Phone Number:
Please check the contract type: Construction Non-Construction
Under Section 3 of the Housing and Urban Development Act of 1968, as amended (the Act), the County of San
Bernardino is,directed to award a portion of all construction contracts of$100,000 or more, on projects funded by
the Department of Housing and Urban Development (HUD), to Section 3 businesses. A Section 3 business: 1) is at
least 51% owned by a low-income person, or 2) has a workforce comprised of at least 30% low-income persons, or
3) subcontracts at least 25% of its work to Section 3 businesses. Contractors with contracts over $100,000 must
show a good faith effort to become a Section 3 business.
The prime contractor must complete the following. Numbers should reflect information from the prime contractor and all
subcontractors working on the project.
Job Category # of new hires #new hires that %of total staff %of staff hours #of low-income
for the project are low-income hours worked by worked by low- employees and
new hires who are income employees trainees
low-income and trainees
(including new hires)
fessionals
Technicians
Office/Clerical
Construction By
Trade (List):
1. Trade
2. Trade
3. Trade
4. Trade
5. Trade
6. Trade
7. Trade
Other(List)
Please check one of the following:
❑ I am a Section 3 business
❑ i am not a Section 3 business
❑ I am working towards becoming a Section 3 business
If you checked the 3`d box above,please check efforts made to become a Section 3 business:
❑ Attempted to recruit low-income residents through: local advertising media, signs prominently displayed at the
project site, contacts with community organizations and public or private agencies.
❑ Participated in a HUD program,which promotes the training and employment of low-income residents
❑ Participated in a HUD program which promotes the award of contracts to Section 3 businesses
❑ Coordinated with HUD Youth Build programs
❑ Other efforts made (describe):
Page 13 of 42
"SECTION 3" CLAUSE
3-2.2 Employment opportunities for business and lower income persons in connection with assisted
projects. This clause applies to construction contracts of$100,000 or more, on projects funded
with $200,000 or more in federal funds from the U.S. Department of Housing and Urban
Development.
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 Departm(nt issued thereunder prior to approval of its
application for assistance for a Section 3 covered project.
(B) Every applicant, recipient, contracting party, contractor and subcontractor shall incorporate, or cause
to be incorporated, in all contracts for work in connection with a Section 3 covered project, the
following clause (referred to as Section 3 clause):
a. The work to be performed under this contract is on a project assisted under a program providing
direct Federal financial assistance from the Department of Housing and Urban Development as is
subject to the requirements of Section 3 of the Housing and Urban Development and is subject to
the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended,
12 U.S.C. 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
applicant or recipient for such assistance, its successors and assigns. Failure to fulfill these
requirements shall subject the applicant or recipient, its contractors and subcontractors, its
successors and assigns, to those sanctions specified by the grant or loan agreement or contract
through which Federal assistance is provided, and to such sanctions as are specified by 24 CFR
135
Page 14 of 42
i
Insert Davis-Bacon Wage Determination
Page 15 of 42
�I
AFFIRMATIVE ACTION COMPLIANCE
GUIDELINES FOR CONSTRUCTION AND
NON-CONSTRUCTION CONTRACTORS
Page 1 of 4
Page 16 of 42
AFFIRMATIVE ACTION COMPLIANCE States, State of California and County of San
Bernardino.
GUIDELINES FOR
CONSTRUCTION AND NON- 2. The implementing entity is committed to insuring
that there be no discrimination by vendors,
CONSTRUCTION CONTRACTORS contractors (including professional services and
consultants), lessors, or lessees doing business
These Affirmative Action Compliance Guidelines have been with the implementing entity.
designed to provide contractors with information necessary
to comply with Federal regulations found under Title 40, Part 3. Contractors and subcontractors agree to take
60 of the Code of Federal Regulations . It is the intent of affirmative personnel actions to hire and promote
these guidelines to insure that equal opportunity for workers who traditionally have been discriminated
employment is practiced by the contractor without regard to against in the job market, including women,
race, color, sex, religion, national origin, disability, and minorities, members of certain ethnic and
veteran's status. These guidelines provide the minimum religious groups, individuals with disabilities, and
information necessary to comply with EEO and affirmative veterans.
action requirements, including the preparation of an
Affirmative Action Plan that complies with Federal B. Affirmative Action Step Requirements for
regulations regarding Affirmative Action for federally-assisted CONSTRUCTION Contractors and Subcontractors:
projects. Contractors are urged to contact the implementing
entity or the U.S. Department of Labor's Office of Federal 1. Personnel affirmative action in recruitment, hiring,
Contract Compliance Programs (OFCCP) officer for any and promotion is required by contractor and
necessary technical assistance in meeting Affirmative Action subcontractors who have entered into a federally-
requirements if they are considering bidding under this assisted construction or non-construction contract
contract. that exceed $10,000 or $10,000 in the aggregate
over a 12-month period.
I. AFFIRMATIVE ACTION COMPLIANCE PROGRAM
2. Contractors and subcontractors who enter into a
A. The Affirmative Action program embodies the CONSTRUCTION CONTRACT in excess of
following principals: $10,000 must take 16 specific affirmative action
steps to ensure equal employment opportunity.
1. Discrimination because of race, color, age, sex, These steps are included in 41 CFR 60-4.3(a) (7)
religion, national origin, marital status, disability, and are also included under "Standard Federal
or veteran's status is inconsistent with the Equal Employment Opportunity Construction
constitution, laws, and policies of the United Contract Specifications" of Attachment "D" of the
bid package.
C. Affirmative Action Plan requirements for 6. Specific contracts and facilities found
NONCONSTRUCTION Contractors: exempt by 7. Deputy Assistant Secretary
1. All contractors who have entered into a
NONCONSTRUCTION CONTRACT and who: 1) 8• National security contracts
do business in the amount of $50,000 or more Any contractor who feels qualified for an exemption
with the implementing entity in any one fiscal should contact the local Contract Compliance Officer
year and,2)employ fifty(50)or more employees, or the U.S. Department of Labor's OFCCP Officer for
must develop a written Affirmative Action further information.
Program within 120 days after the contract
award date. ll. SATISFYING AFFIRMATIVE ACTION PLAN
2. All subcontractors rendering services or supplies A. Affirmative Action Plan requirements for
to a contractor in the amount of $50,000.00 or NONCONSTRUCTION contractors can be met
more and employ fifty (50) or more employees, through the following:
must develop a written Affirmative Action
Program within 120 days after the contract award 1. Completing a Contract Compliance Qualifying
date. Report for Non-construction Contractors and
Vendors, (refer to the form found in the
D. Exemptions under 41 CFR 60: "Additional Required Documents/ Sample
The following persons/contracts shall be exempt from Documents" section of Attachment "D" of the bid
this program: package).
1. A contract or contracts by a contractor that 2. Completing a contractor's Affirmative Action
do not exceed $10,000 in the aggregate over a Policy, including methods of recruiting minorities
12-month period. and women. If the contractor does not have its
own Affirmative Action Policy, it may adopt the
2. Contracts for Work outside the United County's model Affirmative Action Policy ((refer to
States the form found in the "Additional Required
Documents/ Sample Documents" section of
3. State and Local Governments Attachment"D"of the bid package).
4. Contracts with certain educational 3. Following Federal Affirmative Action Plan
institutions guidelines which comply with the requirements of
5. Work on or near Indian Reservations 41 CFR 60.2.10
Page 2 of 4
Page 17 of 42
I
K. "Employer Identification Number" means the Federal
Social Security Number;
DEFINITIONS
L. "Handicapped Status"means any person who:
Unless a provision of a contract otherwise requires, 1. Has a physical or mental impairment, which
certain words and phrases shall be defined as follows: substantially limits one or more of such person's
major life activities.
A. "Affirmative Action" is a commitment to increase the
number of minorities and women in the work force by 2. Has a record or such impairment or,
setting employment goals and timetables, including
action to achieve objectives. Affirmative Action 3. Is generally regarded as having such an
seeks to ensure that discrimination is impairment.
eliminated in dealings with employees or applicants
for employment whether the discrimination is M. "Implementing Entity" means public jurisdiction who is
intentional or unintentional. In addition, Affirmative administering the contract.
Action seeks to improve job standards and
productivity through the removal of artificial and N. "Minority"includes:
unnecessary barriers to employment and promotion
and ensure that all job actions are related to job 1. Black (all persons having origins in any Black
performance measures. African racial groups not of Hispanic origin);
B. "Affirmative Action Plan" is a written affirmative plan 2. Hispanic (all persons of Mexican, Puerto Rican,
required of contractors and subcontractors who have Cuban, Central or South American or other
50 or more employees and have entered into a Spanish Culture or origin, regardless of race);
contract with the implementing entity that exceeds
$50,000, or $50,000 in contracts over a 12-month
period. 3. Asian or Pacific Islander (all persons having
origins in any of the original peoples of the Far
C. "Contract" means a federally-assisted purchase order, East, Southeast Asia, the Indian subcontinent or
offer and acceptance, lease, agreement or other the Pacific Islands);
arrangement creating an obligation to which the
implementing entity is a party, which would make one 4. American India or Alaskan native (all persons
of the parties within the definition a contractor. having origins in any of the native peoples of
North America and maintaining identifiable tribal
D. "Construction" means the construction, rehabilitation, affiliations through membership and participation
alteration, conversion, extension, demolition or repair in community identification).
of buildings, highways or other changes or
improvements to real property, including facilities O. "Non-construction Contract" means any contract that
providing utility services. does not fall within the definition of "Construction
Contract".
E. "Contractor" means a prime contractor or
subcontractor. P. "Officer" means the Contract Compliance Officer of
the implementing entity or U.S. Department of Labor
F. "Covered Area" means the geographical area Office of Federal Contract Compliance Program
described in the solicitation from which the contract (OFCCP)Officer.
resulted;
Q. "Persons' means any individual, firm, co-partnership,
G. "Director" means Director, OFCCP, U.S> Dept. of public service, joint venture, association, social club,
Labor, or any person to whom the Director delegates fraternal organization, corporation, estate, trust
authority to; receiver, syndicate CITY, county, municipal
corporation, district or other political subdivision, or
H. "Employee" means one who performs work for any other group or combination acting as a unit.
compensation, or a person who is permanently or
regularly employed by the contractor or R. "Underutilization" means having fewer minorities or
subcontractor. women in a particular job classification than would
reasonably be expected by their availability.
I. "Employer Identification Number" means the Federal
Social Security Number; S. "Vietnam-Era Veteran"means a person who:
J. "Handicapped Status"means any person who: 1. Served on actual duty for a period of more than
1. Has a physical or mental impairment, which 180 days, any part of which occurred between
substantially limits one or more of such person's August 5, 1964, and May 7, 1975, and was
major life activities. discharged or released therefrom with other than
a dishonorable discharge;or
2. Has a record or such impairment or,
2. Was discharged or released from active duty for a
3. Is generally regarded as having such an service - connected disability if any part of such
impairment. active duty was performed between August 5,
1964,and May 7, 1975.
Page 3 of 4
Page 18 of 42
I
T. Violation and Appeal Procedure. 1. Contractor agrees to fully comply with the laws and
programs (including regulations issued pursuant
1. A contractor found in violation of equal thereto) identified herein. Such compliance is required
opportunity/ affirmative action laws will shall be to the extent such laws, programs and their regulations
referred to the U.S. Department of Labor's are, by their own terms, applicable to this contract.
OFCCP Division, and the Solicitor for Labor, Contractor warrants that he will make himself thoroughly
Associate Solicitor of Labor Relations and Civil familiar with the applicable provisions of said laws,
Rights Regional Solicitors and Regional Attorney programs, and regulations prior to commencing
are authorized to institute enforcement performance of the contract. Copies of said laws,
proceedings by filing a compliant and serving that programs, and regulations are available upon request
compliant to the contractor (defendant), in from the implementing entity's Contract Compliance
accordance with procedures set forth in 41 CFR Officer, or from the U.S. Department of Labor's OFCCP
60-30.5. The complaint shall contain information Officer to the extent applicable the provisions of said
on the alleged violation, a prayer regarding the laws programs and regulations are deemed to be a part
relief being sought, and the name and address of of this contract as if fully set forth herein.
the attorney representing the Government. Within
20 days after receiving the complaint, the 2. Vietnam Era Veterans' Readjustment Assistance Acts of
defendant shall file an answer with the Chief 1972 and 1974, as amended. Pub. L. 92-540, Title V,
Administrative Law Judge, if the case has not Sec 503(a), Pub. L 93-508. Title IV, Sec. 402. (38
been assigned to an Administrative Law judge. USCA 2011-2013).
2. The answer shall contain a statement of the facts, 3. Rehabilitation act of 1973, as amended (Handicapped)
which constitute the ground of defense, and shall: Pub. 193-112 as amended. (29 USCA 701-794).
1) specifically admit, explain, or deny, each of the
allegations of the complaint unless the defendant 4. California Fair Employment Practice Act. Labor Code
is without knowledge, or 2) state that the Sec. 1410 et seq.
defendant admits all the allegations contained in
the complaint. The answer may contain a waiver 5. Civil Rights Act of 1964, as amended (42 USCA 2000a
for a hearing and if not, a separate paragraph in to 20001-1-6) and Executive Order No. 11246, September
the answer shall request a hearing. The answer 24, 1965, as amended.
shall contain the name and address of the
defendant, or of the attorney representing the
defendant. Failure to file an answer or plead
specifically to an allegation of the complaint shall
constitute an admission of such allegation.
Page 4 of 4
Page 19 of 42
EQUAL OPPORTUNITY CLAUSES (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
The contractor and subcontractors not found exempt under may be canceled, terminated or suspended in whole
41 CFR 60-1.5, are required to comply with the following or in part, and the Contractor may be declared
equal opportunity clauses as a condition of being awarded a ineligible for further Government contracts in
federally-assisted contract. Each nonexempt prime accordance with procedures authorized in Executive
contractor shall include equal employment opportunity Order 11246 of September 24, 1965, and such other
clauses in each of its nonexempt subcontractors. sanctions may be imposed and remedies invoked as
provided in Executive Order 11246 of September 24,
EQUAL OPPORTUNITY CLAUSE FOR FEDERALLY- 1965, or by rule, regulation or order of the Secretary
ASSISTED CONSTRUCTION CONTRACTS of Labor,or as otherwise provided by law.
This clause is inserted pursuant to Executive Order 11246 of (7) The Contractor will include the provisions of
September 24, 1965, as amended, and Title VII of the Civil paragraphs (1) through (7) in every subcontract or
Rights Act of 1964, and is applicable pursuant to 41 C.F.R. purchase order unless exempted by rules, regulations
Sec. 60-1.4. The following requirements apply to contractors or orders of the Secretary of Labor issued pursuant to
and subcontractors Section 204 of Executive Order 11246 of September
24, 1965, so that such provisions will be binding upon
(1) The Contractor will not discriminate against any each subcontractor or vendor. The Contractor will
employee or applicant for employment because of take such action with respect to any subcontract or
race, color, religion, sex, or national origin. The purchase order as the contracting agency may direct
Contractor will take affirmative action to ensure that as a means of enforcing such provisions, including
applicants are employed, and that employees are sanctions for noncompliance: Provided, however,
treated during employment without regard to their that in the event the Contractor becomes involved in,
race, color, religion, sex, national origin. Such action or is threatened with, litigation with a subcontractor or
shall include, but not be limited to the following: vendor as a result of such direction by the contracting
Employment, upgrading, demotion, or transfer; agency, the Contractor may request the United States
recruitment or recruitment advertising; layoff or to enter into such litigation to protect the interests of
termination; rates of pay or other forms of the United states.
compensation; and selection for training, including
apprenticeship. The Contractor agrees to post in The applicant further agrees that it will be bound by
conspicuous places, available to employees and the above equal opportunity clause with respect to its
applicants for employment, notices to be provided by own employment practices when it participates in
the contracting officer setting forth the provisions of federally assisted construction work; provided, that if
this nondiscrimination clause. the applicant so participating is a State or local
government, the above equal opportunity clause is
(2) The Contractor will, in all solicitations or not applicable to any agency, instrumentality or
advertisements for employees placed by or on behalf subdivision of such government which does not
of the Contractor, state that all qualified applicants will participate in work on or under the contract.
receive consideration for employment without regard
to race, color, religion, sex,or national origin. The applicant agrees that it will assist and cooperate
actively with the administering agency and the
(3) The Contractor will send to each labor union or Secretary of Labor in obtaining the compliance of
representative of workers with which he has a contractors and subcontractors with the equal
collective bargaining agreement or other contract or opportunity clause and the rules, regulations, and
understanding, a notice to be provided by the agency relevant orders of the Secretary of Labor, that it will
contracting officer, advising the labor union or furnish the administering agency and the Secretary of
workers' representative of the Contractor's Labor in obtaining the compliance of contractors and
commitments under Section 202 of Executive Order subcontractors with the equal opportunity clause
11246 of September 24, 1965, and shall post copies and the rules, regulations, and relevant orders of
of the notice in conspicuous places available to the Secretary of Labor, that it will furnish the
employees and applicants for employment. administering agency and the Secretary of Labor such
information as they may require for the supervision of
(4) The contractor will comply with all provisions of such compliance, and that it will otherwise assist the
Executive Order 11246 of September 24, 1965. and administering agency in the discharge of the agency's
of the rules, regulations, and relevant orders of the primary responsibility for securing compliance.
Secretary of Labor.
(5) The contractor will furnish all information and reports
required by Executive Order 11246 of September 24,
1965, and by rules, regulations and orders of the
Secretary of Labor, pursuant thereto, and will permit
access to his books, records, and accounts by the
administering agency and Secretary of Labor for
purposes of investigation to ascertain compliance with
such rules,regulations, and orders
Page 1 of 8
Page 20 of 42
The applicant further agrees that it will refrain from listed at an appropriate local office of the State
entering into any contract or contract modification employment service system wherein the opening
subject to Executive Order 1124 of September 24, occurs. The Contractor further agrees to provide
1965, with a contractor debarred from, or who has such reports to such local office regarding
not demonstrated eligibility for Government employment openings and hires as may be
contracts and federally assisted construction required.
contracts pursuant to the Executive Order and will
carry out such sanctions and penalties for violation (3) Listings of employment openings with the
of the equal opportunity clause as may be imposed employment service system pursuant to this clause
upon contractors and subcontractors by the shall be made at least concurrently with the use of
administering agency or the Secretary of Labor any other recruitment source or effort and shall
pursuant to Part 11, Subpart D of the Executive involve the normal obligations which attach to the
Order. In addition, the applicant agrees that if it placing of a bona fide job order, including the
fails or refuses to comply with these undertakings, acceptance of referrals of veterans and non-
the administering agency may take any or all of the veterans. The listing of employment openings does
following actions: Cancel, terminate, or suspend in not require the hiring of any particular job applicant
whole or in part this grant(contract, loan, insurance, or from any particular group of job applicants, and
guarantee), refrain from extending any further nothing herein is intended to relieve the Contractor
assistance to the applicant under the program with from any requirements in Executive Orders or
respect to which the failure or refund occurred until regulations regarding nondiscrimination in
satisfactory assurances of future compliance has employment.
been received from such applicant, and refer the
case to the Department of Justice for appropriate (4) The reports required by paragraph (2) of this clause
legal proceedings. shall include, but not be limited to, periodic reports
which shall be filed at least quarterly with the
In addition to the above, Contractor will agree to appropriate local office or,where the Contractor has
furnish all information and reports, including more than one hiring location in a State, with the
Standard form EEO-1, if applicable, to the U.S. central office of that State employment service.
Equal Employment Opportunity Commission Such reports shall indicate for each hiring location,
(EEOC) and the U.S. Department of Labor's (a) the number of individuals hired during the
OFCCP, as required by Executive Order No. 11246 reporting period, (b) the number of non-disabled
of September 24, 1965. veterans of the Vietnam Era hired, (c) the number
of disabled veterans of the Vietnam Era hired, and
EQUAL OPPORTUNITY CLAUSE FOR (d) the total number of disable veterans hired. The
reports shall include covered veterans hired for on-
SPECIAL DISABLED VETERANS the-job training under 38 USC Sec. 1787. The
AND VETERANS OF THE VIETNAM ERA Contractor shall submit a report within thirty (30)
days after the end of each reporting period wherein
This clause is inserted pursuant to Executive Order 11701 of any performance is made on this contract
January 24, 1973 and the Vietnam Era Veterans identifying data for each hiring location. The
Readjustment Assistance Acts of 1972 and 1974 (P.L. 92- Contractor shall maintain at each hiring location,
540, 93-508), and is applicable pursuant to 41 CFR Sec. 60- copies of the reports submitted until the expiration
250. of one year after final payment under the contract,
during which time these reports and related
(1) The Contractor will not discriminate against any documentation shall be made available, upon
employee or applicant for employment because he request, for examination by any authorized
or she is a disabled veteran or veteran of the representatives of the contracting officer or of the
Vietnam Era in regard to any position for which the Secretary of Labor. Documentation would include
employee or applicant for employment is qualified. personnel records respecting job openings,
The Contractor agrees to take affirmative action to recruitment and placement.
employ, advance in employment and otherwise
treat qualified disabled veterans and veterans of the (5) Whenever the Contractor becomes contractually
Vietnam Era without discrimination based upon bound to the listing provisions of this clause, it shall
their disability or veterans status in all employment advise the employment service system in each
practices such as the following: employment, State where it has establishments of the name and
upgrading, demotion or transfer, recruitment, location of each hiring location in the State. As long
advertising, layoff or termination, rates of pay or as the Contractor is contractually bound to these
other forms of compensation, and selection for provisions and has so advised the State system,
training, including apprenticeship. there is no need to advise the State system of
subsequent contracts. The Contractor may advise
(2) The Contractor agrees that all suitable employment the State system when it is no longer bound by this
openings of the Contractor which exist at the time of contract clause.
the execution of this contract and those which occur
during the performance of this contract, including (6) This clause does not apply to the listing of
those not generated by this contract and including employment openings, which occur and are filled
outside of the 50 States, the District of Columbia,
those occurring at an establishment of the
Contractor other than the one wherein the contract Puerto Rico, Guam and the Virgin Islands.
is being performed but excluding those of
independently operated corporate affiliates,shall be
Page 2 of 8
Page 21 of 42
(7) The provisions of paragraphs (2), (3), (4) and (5) of (9) The Contractor agrees to comply with the rules,
this clause do not apply to openings which the regulations and relevant orders of the Secretary of
Contractor proposes to fill from within his .own Labor issued pursuant to the Act.
organization or to fill pursuant to a customary and
traditional employer - union hiring arrangement. (10) In the event of the Contractor's noncompliance with
This exclusion does not apply to a particular the requirements of this clause, actions for
opening once an employer decides to consider noncompliance may be taken in accordance with
applicants outside of his own organization or the rules, regulations and relevant orders of the
employer-union arrangement for that opening. Secretary of Labor issued pursuant to the Act.
(8) As used in this clause: (11) The Contractor agrees to post in conspicuous
places, available to employees and applicants for
a. "All suitable employment openings" includes, but is employment, notices in a form to be prescribed by
not limited to, openings which occur in the following the Director, provided by or through the contracting
job categories: production and non-production; officer. Such notices shall state the Contractor's
plant and office; laborers and mechanics; obligation under the law to take affirmative action to
supervisory and non-supervisory; technical; and employ and advance in employment qualified
executive, administrative and professional openings disabled veterans and veterans of the Vietnam Era
as are compensated on a salary basis of less than for employment, and the rights of applicants and
$25,000 per year. The term includes full-time employees.
employment, temporary employment of more than
three (3) days duration, and part-time employment. (12) The Contractor will notify each labor union or
It does not include openings which the Contractor representative of workers with which it has a
proposes to fill from within his own organization or collective bargaining agreement or other contract
to fill pursuant to a customary and traditional understanding, that the Contractor is bound by the
employer - union hiring arrangement nor openings terms of the Vietnam Era Veterans' Readjustment
in an educational institution which are restricted to Assistance Act, and is committed to take affirmative
students of that institution. Under most compelling action to employ and advance in employment
circumstances an employment opening may not be qualified disabled veterans and veterans of the
suitable for listing, including such situations where Vietnam Era.
the needs of the Government cannot reasonably be
otherwise supplied, where listing would be contrary (13) The Contractor will include the provisions of this
to national security, or where the requirement of clause in every subcontract or purchase order of
listing would otherwise not be for the best interest of $1 J,000 or more unless exempted by rules,
the Government. regulations or orders of the Secretary issued
b."Appropriate office of the State employment service pursuant to the Act, so that such provisions will be
system" means the local office of the Federal - binding upon each subcontractor or vendor. The
State national system of public employment offices Contractor will take such action with respect to any
with assigned responsibility for serving the area subcontract or purchase order as the Director of the
where the employment opening is to be filled, Office of Federal Contract Compliance Programs
including the District of Colombia, Guam, Puerto may direct to enforce such provisions, including
Rico and the Virgin Islands. action for noncompliance.
c. "Openings which the Contractor proposes to fill (14) Collective bargaining agreement or other contract
from within his own organization" means understanding, that the Contractor is bound by the
employment openings for which no consideration terms of the Vietnam Era Veterans' Readjustment
will be given to persons outside the Contractor's Assistance Act, and is committed to take affirmative
organization (including any affiliates, subsidiaries action to employ and advance in employment
and the parent companies) and includes any qualified disabled veterans and veterans of the
openings which the Contractor proposes to fill from Vietnam Era.
regularly established"recall"lists.
(15) The Contractor will include the provisions of this
d. "Openings which the Contractor proposes to fill clause in every subcontract or purchase order of
pursuant to a customary and traditional employer - $10,000 or more unless exempted by rules,
union hiring arrangement" means employment regulations or orders of the Secretary issued
openings which the Contractor proposes to fill fro to the Act, so that such provisions will be
union halls, which is part of the customary and binding upon each subcontractor or vendor. The
traditional hiring relationship which exists between Contractor will take such action with respect to any
the Contractor and representatives of his subcontract or purchase order as the Director of the
employees. Office of Federal Contract Compliance Programs
may direct to enforce such provisions, including
action for noncompliance
Page 3 of 8
Page 22 of 42
EQUAL OPPORTUNITY CLAUSE FOR (4) The Contractor agrees to post in conspicuous
WORKERS WITH DISABILITIES places, available to employees and applicants for
employment, notices in a form to be prescribed by
the Director, provided by or through the contracting
This clause is inserted pursuant to the Rehabilitation Act of officer.
1973(P.L. 93-112)and 41 CFR Sec. 60-741-4.
(5) Such notices shall state the Contractor's obligation
(1) The Contractor will not discriminate against any under the law to take affirmative action to employ
employee or applicant for employment because of and advance in employment qualified handicapped
physical or mental handicap in regard to any employees and applicants for employment, and the
position for which the employee or applicant for rights of applicants and employees.
employment is qualified. The Contractor agrees to
take affirmative action to employ, advance in (6) The Contractor will notify each labor union or
employment and otherwise treat qualified representative of workers with which it has a
handicapped individuals without discrimination collective bargaining agreement or other contract
based upon their physical or mental handicap in all understanding, that the Contractor is bound by the
employment practices such as the following: terms of Section 503 of the Rehabilitation Act of
employment, upgrading, demotion or transfer, 1973, and is committed to take affirmative action to
recruitment, advertising, layoff or termination, rates employ and advance in employment physically and
of pay or other forms of compensation, and mentally handicapped individuals.
selection for training, including apprenticeship.
(7) The Contractor will include the provisions of this
(2) The Contractor agrees to comply with the rules, clause in every subcontract or purchase order of
regulations and relevant orders of the Secretary of $2,500.00 or more unless exempted by rules,
Labor issued pursuant to the Act. regulations or orders of the Secretary issued
pursuant to Section 503 of the Act, so that such
(3) In the event of the Contractor's non-compliance provisions will be binding upon each Subcontractor
with the requirements of this clause, actions for or vendor. The Contractor will take such action with
noncompliance may be taken in accordance with respect to any subcontract or purchase order as the
the rules, regulations and relevant orders of the Director of the Office of Federal Contract
Secretary of Labor issued pursuant to the Act. Compliance Programs may direct to enforce such
provisions, including action for noncompliance.
Iw'
4 of 8
Page 23 of 42
STANDARD FEDERAL EQUAL 2. Whenever the Contractor, or any Subcontractor
EMPLOYMENT OPPORTUNITY at any tier, subcontracts a portion of the work
involving any construction trade, it shall
CONSTRUCTION CONTRACT PROVISIONS physically include in each subcontract in excess
(EXECUTIVE ORDER 11246, PURSUANT TO of$10,000 the provisions of these specifications
41 CFR 60-4.3 (a) and the Notice which contains the applicable
goals for minority and female participation
1. As used in these specifications: and which is set forth in the solicitations from
which this contract resulted.
a. "Covered area" means the 3. If the Contractor is participating (pursuant to 41
geographical area described in the CFR 60-4.5) in a Hometown Plan approved by
solicitation from which this contract the U.S. Department of Labor in the covered
resulted; area either individually or through an
b. "Director' means Director, Office of association, its affirmative action obligations on
Federal Contract Compliance all work in the Plan area (including goals and
Programs, United States Department timetables) shall be in accordance with the plan
of Labor, or any person to whom the for those trades which have unions participating
Director delegates authority; in the Plan. Contractors must be able to
demonstrate their participation in and
C. "Employer identification number'
compliance with the provisions of any such
Hometown Plan. Each Contractor or
means the Federal Social Security Subcontractor participating in an approved Plan
number used on the Employer's is individually required to comply with its
Quarter Federal Tax Return. U.S. obligations under the EEO clause, and to make
Treasury Department form 941. a good faith effort to achieve each goal under
d. "Minority" includes: the Plan in each trade in which it has
employees. The overall good faith performance
(i) Black (all persons having by other Contractors or Subcontractors toward a
origins in any of the Black goal in an approved Plan does not excuse any
African racial groups not of covered Contractor's or Subcontractor's failure
to take good faith efforts to achieve Plan goals
Hispanic origin): and timetables.
(ii) Hispanic (all persons of 4. The Contractor shall implement the specific
Mexican, Puerto Rican, affirmative action standards provided in
Cuban, Central or South paragraphs 7a through p of these specifications.
American or other Spanish The goals set forth in the solicitation from which
Culture or origin, regardless of the contract resulted are expressed as
race); percentages of the total hours of employment
and training of minority and female utilization
(iii) Asian and Pacific Islander (all the Contractor should reasonable the able to
persons having origins in any achieve in each construction trade in which it
of the original peoples of the has employees in the covered area. Covered
Far East, Southeast Asia, the Construction contractors performing
Indian Subcontinent, or the construction work in geographical areas where
Pacific Islands);and they do not have a Federal or federally assisted
(iv) American Indian or Alaskan construction contract shall apply the
Native (all persons minority and female goals established for the
having origins in any of the geographical area where the work is being
original peoples of North performed. Goals are published periodically in
America and maintaining the FEDERAL REGISTER in notice form, and
identifiable tribal affiliations such notices may be obtained from any Office of
through membership and Federal contract Compliance Programs Office or
participation or community from Federal procurement contracting officers.
identification). The contractor is expected to make substantially
uniform progress in meeting its goals in each
craft during the period specified.
5 of 8
Page 24 of 42
5. Neither the provisions of any collective to each such individual. If such
bargaining agreement, nor the failure by a union individual was sent to the union hiring
with whom the Contractor has a collective hall for referral and was not referred
bargaining agreement, to refer either minorities back to the Contractor by the union or,
or women shall excuse the Contractor's if referred, not employed by the
obligations under these specifications, Contractor, this shall be documented in
Executive Order 11246, or the regulations the file with the reason therefore, along
promulgated pursuant thereto. with whatever additional actions the
Contractor may have taken.
6. In order for the nonworking training hours of
apprentices and trainees to be counted in d. Provide immediate written notification
meeting the goals, such apprentices and to the Director when the union or
trainees must be employed by the Contractor unions bargaining agreement has not
during the training period and the Contractor referred to the Contractor a minority
must have made commitment to employ the person or woman sent by the
apprentices and trainees at the completion of Contractor, or when the Contractor has
their training, subject to the availability of other information that the union referral
employment opportunities. Trainees must be process has impeded the Contractor's
trained pursuant to training programs approved efforts to meet its obligations.
by the U.S. Department of Labor.
e. Develop on-the-job training
7. The Contractor shall take specific affirmative opportunities and/or participate in
actions to ensure equal employment training programs for the area, which
opportunity. The evaluation of the Contractor's expressly include minorities and
compliance with these specifications shall be women, including upgrading programs
based upon its effort to achieve maximum and apprenticeship and trainee
results from its actions. The Contractor shall programs relevant to the Contractor's
document these efforts fully, and shall employment needs, especially those
implement affirmative action steps at least as programs funded or approved by the
extensive as the follow sixteen (16)steps: Department of Labor. The Contractor
shall provide notice of these programs
a. Ensure and maintain a working to the sources compiled under 7b
environment free of harassment, above.
intimidation, and coercion at all sites,
and in all facilities at which the f. Disseminate the Contractor's EEO
Contractor's employees are assigned policy by providing notice of the policy
to work. The Contractor shall to unions and training programs and
specifically ensure that all foremen, requesting their cooperation in
superintendents, and other on-site assisting the Contractor in meeting its
supervisory personnel are aware of EEO obligations by including it in any
and carry out the Contractor's policy manual and collective bargaining
obligation to maintain such a working agreement; by publizing it in the
environment, with specific attention to company newspaper, annual report,
minority or female individuals working etc.; by specific review of the policy
at such sites or in such facilities. with all management personnel and
with all minority and female employees
b. Establish and maintain a current list of at least once a year;and by posting the
minority and female recruitment company EEO policy on bulletin boards
sources, provide written notification to accessible to all employees t each
minority and female recruitment location where constructi8n work is
sources and to community performed.
organizations when the Contractor or
its unions have employment 9- Review, at least annually, the
opportunities available, and maintain a company's EEO policy and affirmative
record of the organizations' responses. action obligations under these
specifications with all employees
C. Maintain a current file of the names, having any responsibility for hiring,
addresses and telephone numbers of assignment, layoff, termination or other
each minority and female off-the-street employment decisions including
applicant and minority or female
referral from a union, a recruitment
source or community organization and
of what action was taken with respect
6of8
Page 25 of 42
i
h. specific review of these items with Contractor's obligations under these
onsite supervisory personnel such as specifications are being carried out.
Superintendents, General Foremen,
etc., prior to the initiation of o. Ensure that all facilities and company
construction work at any job site. A activities are nonsegregated except
written record shall be made and that separate or single-user toilet and
maintained identifying the item and necessary changing facilities shall be
place of these meetings, persons provided to assure privacy behveen the
attending, subject matter discussed, sexes.
and disposition of the subject manner.
P. Document and maintain a record of all
i. Disseminate the Contractor's EEO solicitations of offers for subcontracts
policy externally by including it in any from minority and female construction
advertising in the news media, contractors and suppliers, including
specifically including minority and circulation of solicitations to minority
female news media, and providing and female contractor associations and
written notification to and discussing other business associations.
the contractor's EEO policy with other
Contractors and Subcontractors with q• Conduct a review, at least annually, of
whom the contractor does or all supervisors; adherence to and
anticipates doing business. performance under the Contractor's
EEO policies and affirmative action
j. Direct its recruitment efforts, both oral obligations.
and written, to minority, female and
community organizations, to schools 8. Contractors are encouraged to participate in
with minority and female students and voluntary associations, which assist in fulfilling
to minority and female recruitment and one or more of their affirmative action
training organizations serving the obligations (7a — P). The efforts of a contractor
Contractor's recruitment source, the association, joint contractor-union, contractor-
Contractor shall send written community or other similar group of which the
notification to organizations such as contractor is a member and participant may be
the above, describing the openings, asserted as fulfilling any one or more of its
screening procedures, and tests to be obligations provided that the contractor actively
used in the selection process. participates in the group, makes every effort to
assure that the group has a positive impact on
k. Encourage present minority and female the employment of minorities and women in the
employees to recruit other minority industry, ensures that the concrete benefits of
persons and women and, where the program are reflected in the Contractor's
reasonable, provide after school, minority and female workforce participation
summer and vacation employment to makes a good faith effort to meet its individual
minority and female youth both on the goals and timetables, and can provide access to
site and in other areas of a documentation which demonstrates the
Contractor's work force. effectiveness of actions taken on behalf of the
Contractor. The obligation to comply, however,
I. Validate all tests and other selection is the contractor's and failure of such a group to
requirements where there is an fulfill an obligation shall not be a defense for the
obligation to do so under 41 CFR Part Contractor's noncompliance.
60-3.
9. A single goal for minorities and a separate
M. Conduct, at least annually, an single goal for women have been established.
inventory and evaluation at least of all The Contractor, however, is required to provide
minor8ty and female personnel for equal employment opportunity and to take
promotional opportunities and affirmative action for all minority groups, both
encourage these employees to seek or male and female, and all women, both minority
to prepare for, through appropriate and non-minority. Consequently, the Contractor
training, etc.,such opportunities. may be in violation of the executive Order if a
particular group is employed in a substantially
n. Ensure that seniority practices, job
classifications, work assignments and
other personnel practices, do not have
a discriminatory effect by continually
monitoring all personnel and
employment related activities to ensure
that the EEO policy and the
7 of 8
Page 26 of 42
disparate manner(for example,even though a,e shall at lease include for each employee the
Contractor has achieved its goals for women name, address, telephone numbers,
generally, the Contractor may be in violation of construction trade, union affiliation if any,
the Executive Order if a specific minority group employee identification number when assigned,
of women is underutilized). social security number, race, sex, status (e.g.,
mechanic, apprentice trainee, helper,or laborer)
10. The Contractor shall not use the goals and dates of changes in status, hours worked per
timetables or affirmative action standards to week in the indicated trade, rate of pay, and
discriminate against any person because of locations at which the work was performed.
race,color, religion,sex,or national origin. Records shall be maintained in an easily
understandable and retrievable form; however,
11. The Contractor shall not enter into any to the degree that existing records satisfy this
Subcontract with any person or firm debarred requirement, contractors shall not be required to
from Government contracts pursuant to maintain separate records.
Executive Order 11246.
15. Nothing herein provided shall be construed as a
12. The Contractor shall carry out such limitation upon the application of other laws
sanctions and penalties for violation of these which establish different standards of
specifications and of the Equal Opportunity compliance or upon the application of
Clause, including suspension, termination and requirements for the hiring of local or other area
cancellation of existing subcontracts as may be residents (e.g. those under the Public Works
imposed or ordered pursuant to Executive Order Employment Act of 1977 and the Community
11246, as amended, and its implementing Development Block Grant Program).
regulations, by the Office of Federal Contract
Compliance Programs. Any Contractor who fails a) The notice set forth in 41 CFR 60-4.2 and
to carry out such sanctions and penalties shall the specifications set forth in 41 CFR 60-4.3
be in violation of these specifications and replace the New Form for Federal Equal
Executive Order 11246, as amended. Employment Opportunity Bid conditions for
Federal and federally Assisted Construction
13. The Contractor, in fulfilling its obligations under published at 41 CFR 32482 and commonly
these specifications, shall implement specific known as the Model Federal EEO Bid
affirmative action steps, at least as extensive as Conditions, and the New Form shall not be
those standards prescribed in paragraph 7 of used after the regulations in 41 CFR Part
these specifications, so as to achieve maximum 60-4 become effective.
results from its efforts to ensure equal
employment opportunity. If the Contractor fails Minority Goals
to comply with the requirements of the
Executive Order, the implementing regulations, The goal for the utilization of women employees on o
or these specifications, the director shall federally-assisted construction contracts is set at 6.9%.
proceed in accordance with 41 CRF 60-4.6.
The goal for utilization of minorities, based on the
14. The Contractor shall designate a responsible Standard metropolitan Statistical Area (SMSA)for
official to monitor all employment related activity Riverside/San Bernardino County is 19%.
to ensure that the company EEO policy is being
carried out, to submit reports relating to the For additional information on these goals, please contact
provisions hereof as may be required by the the OFCCP-Pacific Region at(415) 848-6969.
Government and to keep records. Records
8of8
Page 27 of 42
i
CERTIFICATION OF COMPLIANCE
WITH AIR AND WATER ACTS
(Applicable to Federally assisted construction contracts
and related subcontracts exceeding $100,000.00)
During the performance of this Contract, the contractor and all subcontractors shall comply with the
requirements of the Clean Air act, as amended, 42 U.S.C. 1857 et seq., the Federal Water Pollution
Control Act, as amended, 33 U.S.C. 1251 et. seq., and the regulations of the Environmental
Protection Agency with respect thereto, at 40 CFR Part 15, as amended.
In addition to the forgoing requirements, all nonexempt contractors and subcontractors shall furnish to
the owner, the following:
(1) A stipulation by the Contractor or subcontractors, that any facility to be utilized in the
performance of any nonexempt Contract or subcontract, is not listed on the List of Violating
Facilities issued by the Environmental Protection Agency (EPA) pursuant to 40 CFR 15.20.
(2) Agreement by the contractor to comply with all requirements of Section 114 of the Clean Air Act,
as amended, (42 U.S.C. 1857c-8) and Section 308 of the Federal Water Pollution Control Act,
as amended, (33 U.S.C. 1318) relating to inspection, monitoring entry, reports and information,
as well as all other requirements specified in said Section 114 and Section 308, and all
regulations and guidelines issued thereunder.
(3) A stipulation that as a condition for the award of the Contract, prompt notice will be given of any
notification received from the Director, Office of Federal Activities, EPA, indicating that a facility
utilized, or to be utilized for the Contract, is under consideration to be listed on the EPA List of
Violating Facilities.
(4) Agreement by the Contractor to include, or cause to be included, the criteria and requirements
in paragraph (1) through (3) 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.
Page 28 of 42
0
ADDITIONAL REQUIRED
DOCUMENTS
AND
SAMPLE DOCUMENTS
Page 29 of 42
O
*Complete 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.)
Page 30 of 42
,
O L
Q a)
O Z mo
o W Z
U � p
N Q t Q)
_O w
O C
C
70 Cl)
L
W C
Z � � o
E W a
u) - L
W
o -0 u ui
n Z Q a
CN
L
O a) d w
fQ M O C `�
o OJO z
° Q co
a-
O J �
� a
CL m
a
•L
C O -°
LL o
Z a
o' O Q
u Q o
L c
Z
H
O E� �
W n
V a)
Q Y
(6
U N
CT cr,
C cU0
C C C ai
O
"> 'C
OL
U
� a
W c t @
W
2 ° c v c Y coo
ZZ m ca o o co D o c �° o o c m U
U
� w ULL = d > Q = a_ > Q 2d > Q U
O O O
d d
z\�\
o �0
-
} / }
\ (
/ }
FTF7\»
/ �4w
\ �»
[ \ ` �0
a \ 0 0 D /
/ { ` 0
Q / / /
I j n
0 r }
\ \
: ` «
\ ` )
` 2(
0 0 Ll 0 0 0 0 0 w 0 w 0 0 0
\
) R#0
l<
) 0
CL e%
,<( \
/)/ } -
»=w G <.
!
) )
ƒ -
k e%2 0
2}S / \ �a
i
Department of Labor Form Approved.
Wage and Hour Division Budget Bureau No 44-RIO93
STATEMENT OF COMPLIANCE
Date
1, 1 ,do hereby state:
(Name of signatory party) (Title)
(1) That I pay or supervise the payment of the persons employed by (Contractor or Subcontractor) on the
(Project) ,that during the payroll period commencing on the day of_
2 ,and ending on the day of 2 1 all
persons employed on said project have been paid the full weekly wages earned; that no rebates have been or will be made either directly or
indirectly to or on behalf of said from
the full weekly wages earned by any person;and(Contractor or Subcontractor) that
no deductions have been made either directly or indirectly from the full wages earned by any person, other than permissible deductions as defined
in Regulations, Part 3 (29 CFR Subtitle A), issued by the Secretary of Labor under the Copeland Act, as amended (48 Stat. 948; 63 Stat. 108; 72
Stall.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
MEW agency exists in a State,are registered with the Bureau of Apprenticeship and Training, United States Department of Labor.
(4) That:
(a) WHERE FRINGE BENEFITS ARE PAID TO APPROVED PLANS,FUNDS,OR PROGRAMS
❑ In addition to the basic hourly wage rates paid to each taborer or mechanic listed in the above referenced payroll
payments of fringe benefits as listed in the contract have been or will be made to appropriate programs for the benefit
of such employees,except as noted in Section 4(c)below
(b) WHERE FRINGE BENEFITS ARE PAID IN CASH
❑ Each laborer or mechanic listed in the above referenced payroll has been paid as indicated on the payroll,an amount
not less than the sum of the applicable basic hourly wage rate plus the amount of the required fringe benefits as listed
in the contract,except as noted in Section 4(c)below.
(c) EXCEPTIONS
EXCEPTIONS CRAFT
Remarks
Name and Title Signature
The willful falsification of any of the above statements may subject the contractor or subcontractor to civil or criminal prosecution. See Section 1001 of Title 18
and Section 231 of Title 31 of the Unites States Code.
Form WH-308(1f88)Purchase this form difectly from the Supt.of Documents
Page 33 of 42
INSTRUCTIONS FOR PREPARATION OF
STATEMENT OF COMPLIANCE
This statement of compliance meets needs resulting from the amendment of the Davis-Bacon Act to
include fringe benefits provisions. Under this amended law, the contractor is required to pay fringe benefits
as predetermined by the Department of Labor, in addition to payment of minimum rates. The contractor's
obligation to pay fringe benefits may be met by payment of the fringes to the various plans, funds, or
programs, or by making these payments to the employees as cash in lieu of fringes.
The contractor should show on the face of his payroll all monies paid to the employees whether as basic
rates or as cash in lieu of fringes. The contractor shall represent in the statement of compliance that he is
paying to others fringes required by the contract and not paid as cash in lieu of fringes. Detailed
instructions follow:
Contractors who pay all required fringe benefits:
A contractor who pays fringe benefits to approved plans, funds, or programs in amounts not less than were
determined in the applicable wage decision of the Secretary of Labor shall continue to show on the face of
his payroll the basic cash hourly rate and overtime rate paid to his employees, just as he has always done.
Such a contractor shall check paragraph 4(a) of the statement to indicate that he is also paying to approved
plans, funds, or programs not less than the amount predetermined as fringe benefits for each craft. Any
exception shall be noted in Section 4(c).
Contractors who pay no fringe benefits:
A contractor who pays no fringe benefits shall pay to the employee and insert in the straight time hourly
rate column of his payroll an amount not less than the predetermined rate for each classification plus the
amount of fringe benefits determined for each classification in the applicable wage decision. Inasmuch as it
is not necessary to pay time and a half on cash paid in lieu of fringes, the overtime rate shall be not less
than the sum of the basic predetermined rate, plus the half-time premium on the basic or regular rate plus
the required cash in lieu of fringes at the straight time rate. To simplify computation of overtime, it is
suggested that the straight time basic rate and cash in lieu of fringes be separately stated in the hourly rate
column. In addition, the contractor shall check paragraph 4(b) of the statement to indicate that he is paying
fringe benefits in cash directly to his employees. Any exceptions shall be noted in Section 4(c).
Use of Section 4(c) Exceptions
Any contractor who is making payment to approved plans, funds, or programs in amounts less than the
wage determination requires is obliged to pay the deficiency directly to the employees as cash in lieu of
fringes. Any exceptions to Section 4(a) or 4(b), whichever the contractor may check, shall be entered in
Section 4(c). Enter in the Exception column the craft, and enter in the Explanation column the hourly
amount paid the employees as cash in lieu of fringes, and the hourly amount paid to plans, funds, or
programs as fringes.
Page 34 of 42
SAMPLE - AFFIRMATIVE ACTION PLAN 1 -
INSTRUCTIONS FOR COMPLETING CONTRACT COMPLIANCE
QUALIFYING REPORT
I. JOB CATEGORY Laborers(Unskilled): Occupations in which a worker performs
Data is to be completed for all listed job categories of a variety of manual work in the maintenance, repair or
employees. construction of highways,buildings,and other facilities; unskilled
Definitions: worker who brings materials to, and does preparation work for,
Administrators: Occupations which require that employees set skilled workers in a trade.
broad policies, exercise overall responsibility for execution of Service Workers: Occupations in which workers perform duties
these policies, direct individual departments or a special phase which result in or contribute to the comfort, convenience,
of the contractor's operations, or provide specialized upkeep and care of buildings, facilities cr grounds of public
consultation on a regional,district or area basis. property. Workers in this category may operate machinery.
Includes: directors, deputy directors, department heads Includes: chauffeurs, laundry and dry cleaning operators, truck
controllers, foremen supervisors, inspectors, and kindred drivers, bus drivers, garage laborers, custodial persons,
workers. gardeners and groundskeepers, refuse collectors, construction
Professional: Occupations which require specialized and laborers.
theoretical knowledge which is usually acquired through college II. CURRENT WORK FORCE
training or through work experience and other training which This category is to establish the contractor's current employee
provides comparable knowledge. status.
Includes: personnel and labor relations workers, social workers,
doctors psychologists, registered nurses, economists, dietitians, A. Total number of employees: The contractor is to fill out the
lawyers, system analysis, accountants, engineers, employment total number of persons currently employed in each job
and vocational rehabilitation counselors, teachers or instructors, category.
and kindred workers.
B. Black: The contractor is to place the current number of
Technical: Occupations which require a combination of basic Black employees in each box in this column for each job
scientific or technical knowledge and manual skill which can be category.
obtained through specialized post-secondary school education
or through equivalent on-the-job training. C. Hispanic: The contractor is to place the current number of
employees of Hispanic origin in each box in this column for
Includes: computer programmers and operators, draftsmen, each job category.
surveyors, licensed practical nurses, photographers, radio
operators,technical illustrators,highway technicians,technicians D. Asian or Pacific Islanders: The contractor is to place
(medical, dental, electronic, physical sciences), assessors, current number of employees of Asian or Pacific Island
inspectors,and kindred workers. origin in each box in this column for each job category.
Sales: Occupations in which the act of selling takes place: E. American Indian or Alaskan Native: The contractor is to
exchange of property of any kind, or of services for an agreed place the current number of American Indian or Alaskan
sum of money or other valuable consideration. One employed Native employees in each box in this column for each job
as a traveling agent or representative to sell goods or services. category.
Office and Clerical: Occupations in which workers are F. Total Minority: The number to be placed in each box in the
responsible for internal and external communication, recording column can be reached by adding the current number of
and retrieval of data and/or information and other paperwork Black, Hispanic, Asian, Pacific Islander, American Indian,
required in an office. and Alaskan Native employees written in the four previous
Includes: bookkeepers, secretaries, office machine operators, columns.
clerk typists, stenographers, statistical clerks, dispatchers, G. Total Females: In each box in this column the contractor
payroll clerks,messengers,and kindred workers. shall place the total number of white and minority females
Skilled: Occupations in which workers perform jobs which employed in each job category.
require special manual skill, a thorough and comprehensive III. UNDERUTILIZATION
knowledge of the processes involved in the work which is To establish whether under-utilization exists, a contractor must
acquired through on-the-job training, experience, through determine whether the "total minority' percentages and "total
apprenticeship or other formal training programs, female percentages" in each job classification are lower than
Includes: mechanics and repairmen, electricians, heavy would reasonably be expected by their availability.
equipment operators, stationary engineers, skilled machinist After making this comparison, the contractor should place a
occupations, carpenters, and compositors and typesetters, and check mark in the box that applies ('yes" or "no") for each
kindred workers. category.
Operative (Semiskilled): Occupations in which workers are IV. ANTICIPATED HIRING
partly skilled, or doing manual work that requires only limited The contractor should state the number of employees the
training,experience or knowledge. contractor plans to hire both as additional employees and
replacements for each job category.
Page 35 of 42
O U a3i LL
Z
0 LL W N
w U) ')B=
x Q Q ~
E ° ° ¢dQd
co y o G N v Q Ur LL
LL
(D
0 1- U' Q
ZZ � `o
Q
2 ? O w W
.� W W �
o o w 5 o E ? c
U 0 G a< x M a ti W O
'° W o .G Z J Z
E
G ° �.. A °° G k Q U- W
-' o m .c c �° v
° o o N }
�LLJ iy v °v°w .o m 3 �'a v J
to z
Q
w ° n� m > c° ¢ v .� P.v a ai U a> on Z Z Cn
l}l N v 0 m G : W
m F° m G o a v c F� 3 }
� p F � o
ro
" U ti ou m n v ` ao m � F
Y v v _F a ¢ h °G ci 'n a 00
- Z
3 v w m o ro y '> o F ° o ° a
Q
a u G
Q �' vi ° o :� v > ° aE a<Z
u o- �
U U N L N U U R G o
0 0. G Q ,O O E O � G r O O LIJ c _
Q U G cC U y `'� V U U .� j U U cT1 ti J N N 2
b t o .v 2 E Q a d
U o - c v Q V U U ro m o U U Q
LL v V
Ca W
a 0
W
0 cu
W
o ro
Q Q Q x O a�a
a Q o 0
Z_
Z c
Y
C
O N J N .
' m
Q aaw
Q G € u U
iV c
w n Q a°
F � oGA
ca
U
U N U F m
I I f1 t ¢
1'LL. � � v W J
4.L W N N Q
Q °' a Q' W w
LL) v O W w
W r ° W O w
cq
LRI)
O G
Z Q ~O
A w
fr
z v N U J v
V F x a
ti o w G Cr o a a. Z } N
O O O 0 Y y J
`v v n ?2 .2 > > H O m e Q
Z d v [= -Q uo t 6 Q Q d W
7) y .N Z�_ H
ri v v o r oo U U C ?
d U o U
U Q d -' c`n� U cn O � in
SAMPLE - AFFIRMATIVE ACTION PLAN PART 2 -
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 -pore than just a policy statement and will, therefore, undertake
affirmative action to make known that equal opportunities are available on the basis of individual merit,
and to encourage advancement on this basis.
The following Affirmative Action Program is hereby established as the policy and practices of our
company:
INSTRUCTIONS: Please answer each question by marking an "X" beside "A", "B", or "C". If
"C" is marked, explain reason; use a separate sheet if additional space is
needed.
1. Our company shall recruit and hire all employees without regard to race, age, color, sex, religion,
ancestry, national origin, marital status or handicap, and will treat all employees equally in respect to
compensation and opportunities for advancement, including upgrading and promotion.
❑ A. This is now a practice of our Company.
❑ B. Our Company will adopt this policy.
❑ C. Our Company cannot or will not adopt this policy.
Explain "C"
2. Our company will actively use recruitment sources such as employment agencies, unions, and schools
that have a policy of referring applicants on a nondiscriminatory basis.
❑ A. This is now a practice of our Company.
❑ B. Our Company will adopt this policy.
❑ C. Our Company cannot or will not adopt this policy.
Explain "C"
3. Our company will disseminate its affirmative action policy externally by informing and discussing it with
all recruitment sources, by advertising in news media, specifically including minority news media, and
by notifying and discussing policy with all local minority, handicapped and women's organizations and
subcontractors and shall maintain records of the organizations responses.
❑ A. This is now a practice of our Company.
❑ B. Our Company will adopt this policy.
❑ C. Our Company cannot or will not adopt this policy.
Explain "C"
Page 37 of 42
SAMPLE - AFFIRMATIVE ACTION PLAN PART 2 -
AFFIRMATIVE ACTION POLICY
FOR CONTRACTORS, SUBCONTRACTORS AND VENDORS (Continued)
Our company shall make specific and constant personal, written, and oral recruitment efforts directed at
all local minority, handicapped and women's organizations, including schools, recruitment and training
organizations.
❑ A. This is now a practice of our Company.
❑ B. Our Company will adopt this policy.
❑ C. Our Company cannot or will not adopt this policy.
Explain "C"
5. Our company shall make specific efforts to encourage present minority, handicapped and women
employees to recruit their friends and relatives who status also comes under that of minority,
handicapped or women.
❑ A. This is now a practice of our Company.
❑ B. Our Company will adopt this policy.
❑ C. Our Company cannot or will not adopt this policy.
Explain "C"
6. Our company will maintain a file of the names and addresses of each minority applicant and female
applicant referred to the company for hiring, and if the applicant is not considered for employment or
was not employed, the company's file should document this and the reason therefore.
❑ A. This is now a practice of our Company.
❑ B. Our Company will adopt this policy.
❑ C. Our Company cannot or will not adopt this policy.
Explain "C"
7. Our company shall notify the implementing entity Contract Compliance Officer when the union or
unions with whom our company has a collective bargaining agreement have not referred to the
company a minority, handicapped, or female worker sent for by the company or the company has
other information that the union referral process has impeded the company's effort to meet the
established goals of affirmative action.
❑ A. This is now a practice of our Company.
❑ B. Our Company will adopt this policy.
❑ C. Our Company cannot or will not adopt this policy.
Explain "C"
8. Our company will actively take steps to integrate any positions, departments or plant location which
have no women or minorities or are almost staffed with one particular group.
❑ A. This is now a practice of our Company.
❑ B. Our Company will adopt this policy.
❑ C. Our Company cannot or will not adopt this policy.
Explain "C"
g. Our company shall insure that all employee specifications, selection requirements, tests, and other
employee recruitment or evaluation procedures do not discriminate against minorities, handicapped, or
women.
❑ A. This is now a practice of our Company.
❑ B. Our Company will adopt this policy.
❑ C. Our Company cannot or will not adopt this policy.
Explain T"
Page 38 of 42
SAMPLE - AFFIRMATIVE ACTION PLAN PART 2 -
AFFIRMATIVE ACTION POLICY
FOR CONTRACTORS, SUBCONTRACTORS AND VENDORS (Continued)
10. Where reasonable, our company shall develop or finance on-the-job training opportunities and
participate and assist in any association or employee group training programs relevant to the
company's employee needs
❑ A. This is now a practice of our Company.
❑ B. Our Company will adopt this policy.
❑ C. Our Company cannot or will not adopt this policy.
Explain "C"
11. Our company shall continually inventory and evaluate all minority, handicapped, and female personnel
for promotion opportunities and encourage minority and female employees to see such opportunities.
❑ A. This is now a practice of our Company.
❑ B. Our Company will adopt this policy.
❑ C. Our Company cannot or will not adopt this policy.
Explain "C"
12. Our company shall make sure that seniority practices, job classifications, rates of pay, and other forms
of compensation and other employee practices and classifications do not have an unlawfully
discriminatory effect on handicapped, minority or female employees
❑ A. This is now a practice of our Company.
❑ B. Our Company will adopt this policy.
❑ C. Our Company cannot or will not adopt this policy.
Explain "C"
13. Our company will make certain that all facilities normally used concurrently by all company activities
are non-segregated.
❑ A. This is now a practice of our Company.
❑ B. Our Company will adopt this policy.
❑ C. Our Company cannot or will not adopt this policy.
Explain "C"
14. Our company shall make certain that all subcontractors are in compliance with the Affirmative Action
Compliance Plan of the implementing entity, and that all project subcontractors have an approved
Affirmative Action Plan.
❑ A. This is now a practice of our Company.
❑ B. Our Company will adopt this policy.
❑ C. Our Company cannot or will not adopt this policy.
Explain °C"
15. Our Company shall solicit bids for subcontracts from minority subcontractors and female
subcontractors subject to availability.
❑ A. This is now a practice of our Company.
❑ B. Our Company will adopt this policy.
❑ C. Our Company cannot or will not adopt this policy.
Explain "C"
Page 39 of 42
SAMPLE - 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.
❑ A. This is now a practice of our Company.
❑ B. Our Company will adopt this policy.
❑ C. Our Company cannot or will not adopt this paiicy.
Explain "C"
117. Our company shall continually monitor all personnel activities to insure that the implementing entity's
Affirmative Action Policy for Contractors and Vendors is carried out.
❑ A. This is now a practice of our Company.
❑ B. Our Company will adopt this policy.
❑ C. Our Company cannot or will not adopt this policy.
Explain "C"
Date Signature
Title
Page 40 of 42
11`11 r WMWM�
Record of U.S. Department of Housing OMB Approval No.2501-0009
"
�rnp�c�yee Interview and Urban Development (exp. 1/31/2000)
Office of Labor Relations
Public reporting burden for this collection of information is estimated to average 15 minutes per response,including the time for reviewing instructions,searching
°xisting data sources,gathering and maintaining the data needed,and completing and review the collection of information. This agency may not collect this information,
I you are not required to complete this form,unless it displays a currently valid OMB control number.
.e information is collected to ensure compliance with the Davis-Bacon Act by recording interviews with construction workers. The information collected will assist HUD
in the conduct of labor standards investigations in case there were falsifying of payroll records in underpayment of wages. The information collection is voluntary.
Sensitive Information. The information collected on this form is considered sensitive and is protected by the Privacy Act. The Privacy Act requires that these records
be maintained with appropriate administrative,technical,and physical safeguards to ensure their security and confidentiality. In addition,these records should be
protected against any anticipated threats or hazards to their security or integrity which could result in substantial harm,embarrassment,inconvenience,or unfairness to
any individual on whom the information is maintained.
Project Number Contractor or Subcontractor(Employer)
Project Name
1. Name of Employee 2. Home Address and Zip Code
3a. Last date you worked on project before today 3b. Number of hours worked on project on that date 4. Your hourly pay rate
5. Your job classification(s)(list all)(continue any answers on a separate sheet if necessary) Apprentice? Yes No
6. Your duties
7. Tools or equipment used
8. Paid at lease time and one-half for all hours worked in excess of 40 in a week? Inapplicable Yes No
(If overtime premium pay is not required,check"inapplicable")
9. Ever threatened,intimidated,or coerced into giving up any part of pay? Yes No
10. Duties observed by Interviewer Conform to Classification? Yes No
11. Remarks(Continue on a separate sheet if needed)
12. Signature of Interviewer Date of interview
Payroll Examination
13. Remarks(Continue on a separate sheet if needed)
14. Signature of Payroll Examiner Date
,r- Previous editions are obsolete
form HUD-11(5/93
Page 41 of 42
CERTIFICATE OF OWNER'S ATTORNEY
We, the undersigned, the duly authorized and
acting legal representative of do hereby certify as
follows:
I have examined the attached Contract(s) and surety bonds and the manner of
execution thereof, and I am of the opinion that each of the aforesaid agreements has
been duly executed by the proper parties thereto acting through their duly authorized
representatives; that said representatives have full power and authority to execute said
agreements on behalf of the respective parties named thereon; and that the foregoing
agreements constitute valid and legally binding obligations upon the parties executing
the same in accordance with terms, conditions and provisions thereof.
Signed
Date
Page 42 of 42
'i «r
Exhibit 4 of 5
COUNTY OF SAN BERNARDINO
DEPARTMENT OF COMMUNITY DEVELOPMENT AND HOUSING
Project/Activity Title:Muscoy: Security Cameras and Case#: 215-32103/3038
Door at Delmann Heights Community Center
P.O. Contract#:
Vendor ID:
Subrecipient Name and Address:
City of San Bernardino Project Effective:
Month of: Invoice#:
P.O. Box 1318
From: To:
San Bernardino, CA 92418
MONTHLY REPORT OF GRANT EXPENDITURES
AND REQUEST FOR REIMBURSEMENT
Col. I Col. 2 Col. 3 Col. 4 Col. 5 Col. 6
Proj/Case Grant Amount Current Mo. Cumulative Total Grant
Acct. No. Reimb. Prior Reimb Cum. Reimb. Balance
I CERTIFY THAT, (a) the County of San Bernardino, as grantee of the CDBG, has not previously been billed for the
costs covered by this invoice, (b) funds have not been received from the Federal Government or expended for such
costs under the terms of the contract agreement or grant pursuant to FMC-74-4 & 24 CFR Part 58; (c) all applicable
provisions under the terms of the contract or grant relating to the payment of prevailing salaries and wages have been
complied with; and (d) all applicable tax laws are complied with.
Prepared By: Approved Bv: Date:
PH.#
Audited by: Examined by: Approved by:
Page 1 of 1
EXHIBIT 5 of 5
COUNTY OF SAN BERNARDINO DEPARTMENT OF COMMUNITY DEVELOPMENT AND HOUSING
Project/Activity Title: Muscoy: Security Cameras and Door at Delmann Case Number: 215-32103/3038
Heights Community Center
Name/Address of Contractor Agency: Date of Issue:
Boys and Girls Club of San Bernardino
1180 West 9`h Street X Original: Beginning
San Bernardino, CA 92411 Amendment#
INSURANCE INVENTORY
WORKERS' COMPENSATION/EMPLOYERS' LIABILITY INSURANCE
Name of Insurance Company:
Effective Dates:
Employer's Liability Limit $
Certificate of Insurance Attached Yes No: On File w/CDH
COMPREHENSIVE GENERAL AND AUTOMOBILE LIABILITY INSURANCE
Name of Contractor's General Insurance Company:
Limits of Liability Effective Dates:
Per Occurrence $ Additional Insured Endorsement Attached Yes No: On File w/CDH
Annual Aggregate $ Certificate of Insurance Attached Yes No: On File w/CDH
Name of Contractor's Automobile Liability Insurance Company:
Limits of Liability Effective Dates:
Per Person.$ Per Accident$ Damage Liability$ Combined Single Limit $
ERRORS AND OMISSIONS LIABILITY INSURANCE
Name of Contractor's Insurance Company:
Limits of Liability Effective Dates:
Per Occurrence $ Additional Insured Endorsement Attached Yes No: On File w/CDH
Annual Aggregate $ Certificate of Insurance Attached Yes No: On File w/CDH
PROFESSIONAL LIABILITY INSURANCE
Name of Contractor's Insurance Company:
Limits of Liability Effective Dates:
Per Occurrence $ Additional Insured Endorsement Attached Yes No: On File w/CDH
Annual Aggregate $ Certificate of Insurance Attached Yes No: On File w/CDH
Page 1 of 1
SAN BERNARDINO COUNTY
DEPARTMENT OF COMMUNITY DEVELOPMENT AND HOUSING
MAINTENANCE AND OPERATION CONTRACT
WITH CITY OF SAN BERNARDINO AND BOYS AND GIRLS CLUB OF SAN BERNARDINO
This Contract is made and entered into by and between San Bernardino County, hereinafter referred to as
"COUNTY", the City of San Bernardino, hereinafter referred to as "CITY", and the Boys and Girls Club of San
Bernardino,hereinafter referred to as "CLUB".
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, the CITY Department of Facilities Management, hereinafter referred to as "FMCSB", is
authorized to act on behalf of CITY to manage improvement projects at CITY facilities and to maintain CITY
facilities; and,
WHEREAS, COUNTY, CITY and CLUB recognize the public benefit in providing educational and
recreational activities for children and youth from low-and moderate-income households living in the unincorporated
community of Muscoy, as well as in the City of San Bernardino and other nearby unincorporated areas; and,
WHEREAS, CITY owns the CLUB facility located at 2969 N. Flores, San Bernardino and the CLUB operates
programs and services out of the facility for the benefit of children and youth under a lease; and,
WHEREAS, CITY provides annual funding for utility payments and continued facility maintenance for
CLUB; and,
WHEREAS, this contract among the herein-named delineates only the responsibilities of the parties regarding
this contract and is not intended to supercede any contract between the CITY as lessor and CLUB as lessee; and,
WHEREAS, on September 26, 2006 (Item #68), as part of the Consolidated Plan amendment to the 2006-07
Action Plan, the Board of Supervisors allocated $23,600 to install security cameras and doors at the Delmann Heights
Community Center—Boys and Girls Club of San Bernardino, and,
WHEREAS, COUNTY, CITY and CLUB desire to have CITY manage and direct the construction of the
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 facility
improvements and for the maintenance and operation of the CLUB facility located in the Delmann Heights
Community Center at 2969 N. Flores, San Bernardino, hereinafter referred to as "FACILITY".
2. SCOPE OF PROJECT
CITY shall manage and direct the construction of improvements, hereinafter referred to as "IMPROVEMENTS",
to include the purchase and installation of security cameras and reinforced security doors for the FACILITY..
Page 1 of 10
Additional improvements may be included only after written Contract among CITY, CLUB and COUNTY. The
actual scope of IMPROVEMENTS may not include all items identified herein, but shall be limited to the amount
of CDBG funding identified in Section 4,FUNDING.
CITY and CLUB shall maintain and operate FACILITY for the purpose of providing educational and
recreational programs and services to children and youth from low- and moderate-income households living in
the City of San Bernardino and surrounding communities of the Fifth Supervisorial District for the period
identified in Section 8, MAINTENANCE AND OPERATION. Each qualifying participant of said programs
under the terms of this contract shall be identified as a unit of service.
Unless as specified otherwise, CDH shall have the authority to represent COUNTY regarding the terms and
conditions of this Contract and the administration thereof.
3. TIME OF PERFORMANCE
CITY and CLUB shall comply with the terms of this contract for no less than ten (10) years beginning upon the
date of completion of IMPROVEMENTS. The Contract term is for ten (10) years as specified in Section 8,
MAINTENANCE AND OPERATION. In addition to the ten (10) year term, CITY and CLUB are required to
uphold the terms of the contract for an additional five (5) years after expiration of this contract as specified in
Section 26, REVERSION OF ASSETS.
4. FUNDING
COUNTY shall utilize CDBG funds to reimburse CITY for eligible construction costs in an amount not to
exceed of twenty three thousand six hundred dollars ($23,600) for the purpose of constructing
IMPROVEMENTS to FACILITY. Any costs to construct IMPROVEMENTS to FACILITY in excess of the
amounts available in this section shall be the sole responsibility of CITY and CLUB. 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 CLUB agree CITY shall provide construction management services necessary for the
timely and successful completion of IMPROVEMENTS. CITY will be responsible for compliance with federal
labor standards, including the Davis-Bacon Act and other related acts associated with the CDBG program.
COUNTY shall provide project administrative services for activities related to completion of
IMPROVEMENTS, to include review of bid documents and bid procedures. CITY shall use the attached
"Request for Approval", Exhibit 1 of 5, to request approval from COUNTY to advertise for bids or to award any
contract(s) prior to actual bidding or awarding of contract(s), as identified in the attached "Coordination
Procedures", Exhibit 2 of 5. In addition, CITY shall insert Attachment "D", CDH Construction Contract
Provisions, Exhibit 3 of 5, into all construction bid package(s) prior to bidding. CITY shall submit to CDH all
required documents for compliance with federal labor standards, including the Department of Labor's weekly
certified payroll form WH-347348 with original signatures.
CITY may use force account labor for construction of all or a portion of IMPROVEMENTS. Where force
account labor is used, CITY will provide to CDH, prior to start of construction, the names of CITY staff who
will engage in construction and the scope of work to be performed.
6. COMPENSATION AND METHOD OF PAYMENT
For performance of said services, COUNTY shall provide CDBG funds not to exceed twenty three thousand six
hundred dollars ($23,600). This payment shall constitute full and complete compensation for CITY services
Page 2 of 10
under this contract. For the purposes of this contract, COUNTY shall disburse compensation and monitor CITY
performance in satisfying the scope of work obligations under the terms of this contract.
Disbursement of payments to CITY for IMPROVEMENTS shall be in the form of reimbursement. COUNTY
shall reimburse CITY for CITY's actual cash disbursement under the term of this contract. Reimbursement shall
be contingent upon COUNTY receipt of completed "Monthly Report of Grant Expenditures and Request for
Reimbursement" form; Exhibit 4 of 5, accompanied with pertinent "audit ready" supportive evidence of each
expenditure and proof of payment to justify the reimbursement. Eligibility for reimbursements is subject to
compliance with Coordination Procedures, Exhibit 2 of 5, and timely submittal of contract compliance
documents.
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 the 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 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 CLUB shall have sole responsibility for the maintenance and operation of FACILITIES at the sole
expense of CITY and CLUB for a period of not less than ten (10)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 children and youth from low-and moderate-income households as identified in Section
2, SCOPE OF PROJECT, and in accordance with federal, state and local laws, regulations and safety standards.
CLUB 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 FACILITY for the duration of this Contract. CLUB
will ensure that its employees or agents furnish any information that in the judgement of COUNTY and HUD
representatives may be relevant to a question of compliance with contractual conditions, HUD directives, or the
effectiveness, legality, and achievements of the program.
10. CONTRACT COMPLIANCE
CITY and CLUB 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 CLUB shall comply with Executive Order 11246, as amended by Executive Orders 11375, 11478,
12086, and 12107, (Equal Employment Opportunity), Executive Orders 11625, 12138, 12432, 12250, and
Executive Order 13279 (Equal Protection of the Laws for Faith-Based and Community Organizations), Title VII
of the Civil Rights Act of 1964, the California Fair Housing and Employment Act, County Policy 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 CLUB 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
Page 3 of 10
i
• addition, CITY and CLUB shall make every effort to employ residents of the area and shall keep a report of
CITY and CLUB staff positions that have been created directly as a result of this program.
11. COMPLIANCE WITH LAWS
All parties agree to be bound by applicable federal, state and local laws,ordinances,regulations and directives as
they pertain to the performance of this Contract. This Contract is subject to and incorporates the terms of the
ACT; 24 Code of Federal Regulations, Part 570, Chapter V and; U.S. Office of Management and Budget
Circular A-87.
12. CONFLICT OF INTEREST
CITY and CLUB 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 CLUB,
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 CLUB 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 CLUB agrees to provide or has already provided information on former COUNTY Administrative
Officials (as defined below) who are employed by or represent CITY and CLUB 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 CLUB. 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 or Group Head, Assistance Department or Group Head, or any employee in the Exempt
Group, Management Unit or Safety Management Unit.
14. INDEMNIFICATION
CITY and CLUB agree 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 and CLUB 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 CLUB
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 CLUB under this Contract were improperly expended.
COUNTY agrees to indemnify and hold harmless CITY and CLUB, their officers, agents and volunteers from
any and all claims, actions, losses, damages, and/or liability resulting from the COUNTY'S negligent acts or
omissions which arise from the COUNTY's performance of its obligations under this Contract to the extent such
Page 4 of 10
claims, actions, losses, demands and/or liability is caused by or results.from the negligent or intentional acts or
omissions of the COUNTY, its officers, employees, agents and volunteers, and for any costs or expenses
incurred by CITY and CLUB on account of any claim therefore, except where such indemnification is prohibited
by law.
In the event the COUNTY and/or CITY and CLUB are found at fault for any claim, action, loss or damage which
results from their respective obligations under the Contract, the COUNTY and/or CITY and CLUB shall
indemnify the other to the extent of their comparative fault.
15. INSURANCE REQUIREMENTS
Without, in any way affecting the indemnity herein provided. and in addition thereto, CLUB 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 CLUB and all risks to such persons under this Contract.
If CLUB has no employees, it may certify or warrant to County that it does 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 Liability 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).
Comprehensive General Automobile Liability Insurance and Transportation Liability-This coverage is
to include contractual coverage, automobile liability coverage and transportation liability coverage while
providing transportation services in owned, hired, and non-owned vehicles. The policy shall have
combined single limits for bodily injury and property damage of not less than two million dollars
($2,000,000).
Errors and Omissions Liability Insurance - Combined single limits of$1,000,000 for bodily injury and
property damage and $ 3,000,000 in the aggregate or
Professional Liability - Professional Liability Insurance with limits of at least $1,000,000 per claim or
occurrence.
Additional Insured - All policies, except for Workers' Compensation, Errors and Omissions and
Professional Liability policies, shall contain additional endorsements naming COUNTY and CITY and
their officers, employees, agents, and volunteers as additional named insured with respect to liabilities
arising out of the performance of services hereunder.
Waiver of Subrogation Rights - Except for Errors and Omissions and Professional Liability, CLUB 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.
Page 5 of 10
Policies Primary and Non-Contributory - All policies required above are to IT primary and non-
contributory with any insurance or self-insurance programs carried or administered by COUNTY.
Proof of Coverage - CLUB shall immediately furnish certificates of insurance to CDH and CITY
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 CLUB shall maintain such
insurance from the time CLUB commences performance of services hereunder until the completion of
such services. Within sixty (60) days of the commencement of this Contract, CLUB shall furnish
certified copies of the policies and all endorsements. CLUB shall complete and submit Contract Exhibit
5 of 5, 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 and City's Risk
Managers are 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 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. CLUB agrees to
execute any such amendment within thirty(30) days of receipt.
17. ADDITIONAL INSURANCE REQUIREMENTS
CLUB shall, at its sole expense, obtain and deliver to COUNTY for its 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 FACILITY. In the event of any damage or destruction to FACILITY covered by the
insurance, CLUB shall use the entire insurance proceeds to restore FACILITY. The insurance required under
this section shall be maintained by CLUB at its sole expense for the term of this Contract.
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. CLUB shall
inform COUNTY and CITY in writing of any change, expiration or renewal of said insurance within thirty (30)
days of the effective date of change.
18. SELF INSURANCE
CITY and COUNTY are authorized self-insured public entities for the purposes of general liability, automobile
liability, professional liability and worker's compensation. CITY and COUNTY warrant that through their
respective programs of self-insurance they have adequate coverage or resources to protect against any liabilities
arising out of their performance of the terms and conditions of this agreement.
19. RELIGIOUS PROSELYTIZING OR POLITICAL ACTIVITIES
CITY and CLUB agrees that it will not engage in inherently religious activities, such as worship, religious
instruction or proselytizing, as part of the activities funded under this Contract. Further, CITY and CLUB agrees
that it will not perform or permit political activities in connection with the performance of this Contract. Funds
Page 6 of 10
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 CITY and CLUB 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.
FACILITY, 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.
20. 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 CLUB.
21. ASSIGNMENT AND SUBLETTING
CITY and CLUB shall not assign, subordinate, or use for financing, this Contract or any interest therein, unless
COUNTY has previously given their written consent. Provided,however, that any approved assignment shall be
subject to all the terms, covenants, and conditions of the Contract.
If CITY and CLUB attempts 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 and CLUB, or if CITY and CLUB is adjudged bankrupt or insolvent by
any court or upon CITY and CLUB making an assignment for the benefit of creditors, COUNTY may, at its
option, forthwith terminate this Contract upon written notice thereof to CITY and CLUB, and thereupon, no one
but COUNTY shall have any further rights hereunder.
22. HYPOTHECATION OF REAL PROPERTY
During the term of this Contract, neither CITY nor CLUB, nor their 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 FACILITY without the written authorization of COUNTY. Notwithstanding
Section 23, VIOLATION OF CONTRACT, and any other provisions herein, CITY or CLUB shall reimburse
COUNTY for the fair market value of IMPROVEMENTS less any portion thereof attributable to expenditures of
non-CDBG funds for IMPROVEMENTS, should CITY or CLUB sell, hypothecate, mortgage or encumber
FACILITY without the written authorization of COUNTY during the term of this Contract.
23. VIOLATION OF CONTRACT
In the event that CITY and/or CLUB violate 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 and/or CLUB has not corrected the violation or shown acceptable cause, COUNTY 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
and/or CLUB, CITY and CLUB shall pay to COUNTY within ten (10) days of receipt of Notice of Termination
all CDBG funds that have heretofore been provided by COUNTY to CITY and CLUB pursuant to the terms of
the contract.
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 CLUB from reimbursement provisions in Section 22, HYPOTHECATION OF REAL PROPERTY.
Page 7 of 10
24. PROGRAM REPORTING AND RETENTION OF RECORDS
CITY and CLUB agree to prepare and submit financial,program progress, and other reports as required by HUD
or COUNTY directives. CITY and CLUB 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 CLUB 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 CLUB's final submission to COUNTY of reports identified under this paragraph. Records and accounts that
are subject to litigation or audit must be maintained for five (5) years or until the issue is resolved, whichever is
onger.
Records that pertain to real estate transactions must be maintained for the 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 CLUB records, with the exception of confidential client information, shall
be made available to representatives of COUNTY and the appropriate federal agencies. CITY and CLUB are
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.
25. TERMINATION BY COUNTY
Notwithstanding Section 23, 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.
26. REVERSION OF ASSETS
All real property acquired or improved in whole or in part with CDBG funds in excess of$25,000 under this
Contract must continue in the use that provides the service benefits and national objectives for which it was
funded until five years after expiration of this Contract as set forth in 24 CFR 570.503, or such longer period of
time as determined by COUNTY; or it must be disposed of in a manner resulting in a reimbursement to
COUNTY in the amount of the current fair market value of the property less any portion thereof attributable to
expenditures of non-CDBG funds for the acquisition of,or improvement to, the property.
27. 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.
28. INVALID CONDITIONS
If any one or more of the terms, provisions, sections, promises, covenants or conditions of this Contract shall to
Taw
any extent be judged invalid, unenforceable, void or voidable for any reason whatsoever,by a court of 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.
Page 8 of 10
29. BINDING INTEREST
This Contract shall be binding on the parties, successors in interest,heirs and assigns.
30. SUSPENSION AND DEBARMENT
By entering this Contract, CITY and CLUB certify that CITY and CLUB, including their principals, are not
suspended or debarred from participating in federally funded contracts and sub-awards.
31. NOTICES
All notices shall be served in writing. The notices shall be sent to the following addresses:
County of San Bernardino Boys and Girls Club of San Bernardino
Department of Community 1180 West 9"' Street
Development and Housing San Bernardino, CA 92411
290 North "D" Street, Sixth Floor Attn: Dolores Armstead
San Bernardino, CA 92415-0040
Attn: Community Development
City of San Bernardino
300 North"D" Street
San Bernardino, CA 92418
Attn: Valerie Ross, Development Services
Jim Sharer,Facilities Management
32. 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 CLUB 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 CLUB or such person by reason of such determination.
C. CITY and CLUB assumes 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 and CLUB 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 CLUB, or a joint venturer with CITY and CLUB.
Page 9 of 10
• IN WITNESS WHEREOF, the parties have caused this Contract to be executed as of the day and year first
written above.
COUNTY OF SAN BERNARDINO CITY OF SAN BERNARDINO
By: By:
PAUL BIANE, Chairman -PATRICK k+A-&R{IS;Maym-
Board of Supervisors FRED WILSON, City Manager
Date: Date:
SIGNED AND CERTIFIED THAT A COPY OF
THIS DOCUMENT HAS BEEN DELIVERED TO APPROVED AS TO LEGAL FORM
THE CHAIRMAN OF THE BOARD
By:
DENA M. SMITH Ci Attorney
Clerk of the Board of Supervisors
of the County of San Bernardino
Date:
By:
BOYS GIRLS CLUB OF SAN BERNARDINO
1
Date: OL RES STEAD,President
APPROVED AS TO LEGAL FORM Date: " C.?
RUTH E. STRINGER
County Counsel
By:
MICHELLE D. BLAKEMORE
Deputy County Counsel for CDH
Date:
Page 10 of 10
EXHIBIT 1 of 5
Date:
Community Development Division
Department of Community Development and Housing
2 '0 North "D" Street, Sixth Floor
San Bernardino, CA 92415-0040
REQUEST FOR APPROVAL
Project Activity Name: Muscoy: Security Cameras and Door at Delmann Heights Community Center— Boys
and Girls Club SB
Case Number: 215-32103/3038
Activity Location: 2969 N. Flores Avenue San Bernardino
The City of San Bernardino 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
• EXHIBIT 2 of 5
COUNTY OF SAN BERNARDINO
DEPARTMENT OF COMMUNITY DEVELOPMENT AND HOUSING
COORDINATION PROCEDURES
I. Introduction
The following procedures identify the actions, responsibilities, and sequence of events for CDBG
funded projects being implemented by a coordinated effort between the San Bernardino County
Department of Community Development and Housing, hereinafter referred to as "CDH," and the City
of San Bernardino, hereinafter referred to as "CITY". For each action or event listed in Section III of
this attachment, the entity responsible for carrying out that action or event is referenced beside it.
Section IV contains regulations and statutes applicable to CDBG funded activities.
II. Authorization to Proceed
The CITY is not authorized to expend funds or to initiate CDBG projects until authorized to do so in
writing by CDH. Contract procurement shall be governed by all Federal regulations and statutes, as
amended, as 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, 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.
c rl i-r ran + i + draft
i. �.i Y: Notifies 1_vH o. se ection. Sends back-up documentation and uL
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".
TAW h. CITY: Awards Consultant Services Contract.
Page 1 of 5
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/: Reviews and approves preliminary design.
CITY
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 which 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
Boilerplate", 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 plan check of plans and specifications from the appropriate
CO Building and Safety Authority.
D. 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,
which meets the aforementioned requirements, it may use this plan for bid
1117 1 document reviews.
5. CITY: Submits the selected responsive low bidder information and list of
subcontractors to CDH 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
Page 2 of 5
• change in project description should be sent at this time. Requests over
25% of project allocation, requires approval by CITY governing body in a
public hearing.
6. CDH: Reviews Contractor/Subcontractor's eligibility to receive Federal contracts.
%Nr
7. CDH: Issues "Approval to Proceed" to CITY.
8. CITY: Approves the Affirmative Action Plan for contractors who: 1) employ ten
(10) or more employees, or 2) bid work for more than $10,000.
9. CITY: Insures completeness of contract documents prior to award of contract.
Construction contracts must contain a copy of Federal Labor Standards,
applicable Federal Wage Determination, and a copy of restrictions on
public buildings and public works projects provisions.
10. CITY: Awards Contract.
11. CITY: Notifies CDH of pre-construction conference.
12. CITY: Conducts pre-construction conference (CDH attendance mandatory). CDH
forwards Contract Compliance Instructions to prime contractor.
13. CITY: Provides CDH with a copy of signed contract prior to start of construction.
CITY ensures completion of bonds and obtains contractor/subcontractor
certifications concerning labor standards and prevailing wage
requirements; regarding Equal Employment Opportunity, and restrictions
on public buildings and public works projects before signing contract.
NOW 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:
Page 4 of 5
• Request for Reimbursement and accompanying documentation.
Payments on said requests are subject to complete compliance with
Federal Labor Standards.
22. CITY: Notifies CDH of all meetings regarding CDH projects, such as Design
Conferences, Public Meetings, meetings with Community Development
Advisory Commission, and CITY at least five (5) working days before event
occurs.
23. CITY: Processes change orders and sends copy(ies) 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 subcontractors(a) 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, 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. Community Development Block Grant Regulations of the Housing and Community Development
Act of 1974, as amended (24 CFR 570)
B. Applicable Uniform Administrative Requirements.
1) Office of Management and Budget Circular A-87.
2) Office of Management and Budget Circular A-128.
•wr 3) 24 CFR Part 85.
C. Applicable Uniform Administrative Requirements For Subrecipients that are not Governmental
Entities.
Page 5 of 5
1) Office of Management and Budget Circular A-110.
2) Office of Management and Budget Circular A-122.
3) 24 CFR Part 84.
D. Federal Labor Standards Compliance Handbook No. 1344.1 REV-1 including:
1) Davis-Bacon Act (40 U.S.C. 276a to a-7).
2) Contract Work Hours and Safety Standards Act (40 U.S.C. 327-330).
3) Copeland Act (18 U.S.C. 874)
E. Equal Employment Opportunity Requirements of Executive Order 11246, as amended.
F. Environmental Protection Agency Regulations (40 CFR Part 1500-1508).
G. Flood Disaster Protection Act of 1973 (42 U.S.C. 4001-4128)
H. Archaeological and Historic Preservation Act of 1974.
I. Rehabilitation Act of 1973, as amended.
J. Americans With Disabilities Act.
K. Clean Air Act (42 U.S.C. 7401 et seq)
L. Clean Water Act (33 U.S.C. 1368).
M. Section 3 Regulations of the Housing and Urban Development Act of 1968, Title 24 CFR, Part
135 (12 U.S.C. 1701u).
N. Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000d et seq).
O. Fair Housing Act (42 U.S.C. 3601-20).
P. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended
(42 U.S.C. 4601-4655).
O. Hatch Act.
R. Lead Based Paint Poisoning Prevention Act (42 U.S.C. 4831(b)).
Page 5 of 5
EXHIBIT 3 of 5
ATTACHMENT "D"
CDH CONSTRUCTION CONTRACT
PROVISIONS
i
• ATTACHMENT "D"
TABLE OF CONTENTS
Construction Contract Provision Definitions............................ . ............ ......page 1
Bid Package INSERTS and Contract INSERTS ............................ ..............page 2
Required Documents Checklist................................ .. .......... . ....... .... .......page 3
Federal Labor Standards Provisions (HUD 4010 form)...... .. .... .... . . .................pages 4-7
Contractor's Certification of Compliance with Davis-Bacon and Related Acts.........page 8
Minority and Women Owned Business Enterprise Participation...... ..... . . .. .. .......pages 9-10
Certification of Bidder Regarding Equal Employment Opportunity.. . ... .. ................page 11
Certification of Subcontractor Regarding Equal Employment Opportunity............page 12
Section 3 Report - Contracts of$100,000 or more.................................... ....page 13
Section `3' Clause.................... ........................................ ..................page 14
Federal Prevailing Wage Decision.......... ..................................................page 15
Affirmative Action Compliance Guidelines.............................. ..................pages 16-19
Equal Employment Opportunity (EEO) Clauses and EEO Construction Contract
Provisions.......................................................................................pages 20-27
Certification of Compliance with Air & Water Acts.................... ..................page 28
Additional Required Documents & Sample Documents..... .. . ........ ...................pages 29-42
CONSTRUCTION CONTRACT PROVISIONS - DEFINITIONS
The following are definitions of State and Federal provisions/documents for federally-assisted projects. Please refer to
the" Required Documents Checklist"for any documents to be completed and submitted for this project.
Affirmative Action Compliance Guidelines For Construction or Non-Construction Contractors - Generally,
affirmative action requirements apply to contracts and subcontracts in excess of $10,000. This document provides
guidelines to help contractors meet affirmative action and equal employment opportunity requirements set forth in
Federal regulations 41 CFR 60,
Bid Bond - A bid guarantee of at least 10% of the contract price is required from each bidder and must be submitted
with the Bid. A sample form is included under"Example Documents" of the Attachment "D".
Certificate of Owner's Attorney -This certificate is to be completed by the owner's attorney when applicable. A sample
form is included under"Example Documents" of the Attachment "D".
Certification of Bidder Regarding Equal Employment Opportunity - This certification is required by Federal law (41
CFR 60) and must completed by the prime contractor and submitted to the CITY/COUNTY prior to the pre-construction
meeting.
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.
Certification of Proposed Subcontractor Regarding Equal Employment Opportunity - This certification must be
completed by all subcontractors and submitted to the prime contactor for submittal to the CITY/COUNTY prior to the pre-
construction meeting.
Contractor's Certification of Compliance with Davis-Bacon and Related Acts - This certification is required by
Federal law (29 CFR 5) and must be completed by the prime contractor and submitted to the CITY/COUNTY.
Equal Employment Opportunity Clauses/Equal Employment Opportunity Construction Contract Provisions -
These provisions are to be inserted in all applicable federally-assisted contracts and subcontracts.
Federal Labor Standards Provisions (HUD 4010 form) - These provisions set forth the federal labor requirements for
contactors working on a federally-assisted construction projects in which the prime contract exceeds $2,000. The prime
contractor and all subcontractors are required to pay their laborers and mechanics working onsite 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. The prime contractor is responsible for including these provisions in all
subcontracts.
Federal Prevailing Wage Decision - The Federal Wage Decision contains the federal wage rates for heavy
construction projects within the County of San Bernardino. A copy of the decision is included in the bid package and can
also be found at http://www.gpo.gov/davisbacon/ca.html. The wage decision that applies to the project is the one in
effect 10 days prior to the bid opening date.
Labor and Materials Bond - This payment bond guarantees that employees/subcontractors, and suppliers are paid for
services rendered and materials supplied. The Labor & Materials Bond must be at least one hundred percent (100%) of
the contract price and must be submitted to the CITY/COUNTY upon award of the contract.
Minority and Women-Owned Business Enterprise Participation Form - This form contains data collected by the
U.S. Department of Housing and Urban Development and must be completed by the prime contractor and submitted to
the CITY/COUNTY prior to the pre-construction meeting.
Performance Bond - This bond guarantees the contractor's performance under the terms of the construction contract
and must be at least one hundred percent (100%) of the contract price and submitted to the CITY/COUNTY following
award of the contract.
"Section 3" -This law applies to construction contracts exceeding $100,000, on projects funded by the U.S. Department
of Housing and Urban Development (HUD). To the greatest extent feasible, contractor(s) and subcontractor(s) must
attempt to become a Section 3 business. A Section 3 business is one owned by a low-income person, a business of
which 30% of the workforce is comprised of low-income individuals, or a business that contracts 25% of its work to
%w Section 3 businesses.
Page 1 of 42
BID PACKAGE INSERT - 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.
BID PACKAGE INSERT - 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.
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.
Notice of Requirement For Affirmative Action To Ensure Equal Employment Opportunity - The
bidder's attention is called to the "Equal Opportunity Clause and "Standard Federal Equal Employment
Specifications" contained in the bid package. Goals and timetables for minority and female participation,
expressed in percentage terms for the Contractors aggregate workforce in each trade on all construction
work in the covered area, is 19% for minorities and 6.9% for women.
INSERT - CONSTRUCTION CONTRACT
Federal Labor Standard Provisions (HUD 4010 form) apply to this project and are attached.
Page 2 of 42
REQUIRED DOCUMENTS CHECKLIST
REQUIRED PRIOR TO CONTRACT AWARD
[ ] 1. Bid Package signed by contractor or letter stating that the project specifications document is part of
the contract
[ ] 2. Signed Partnership Agreement (if applicable)
[ ] 3. Bid Bond
REQUIRED PRIOR TO PRECONSTRUCTION MEETING
[ ] 4. Executed Contract/Purchase Order NOTE: HUD form 4010 must be attached to contract
[ ] 5. Bonds(performance/payment or labor and material bonds)
[ ] 6. Completed "Minority and Women Owned Business Enterprise Participation" form
[ ] 7. Completed Bidder/Subcontractor's Certification regarding Equal Employment
[ ] 8. Signed Contractor's Certification of Compliance with Davis-Bacon and Related Act
Mow Requirements
REQUIRED DURING CONSTRUCTION
[ ] 9. Weekly Certified Payrolls
[ ] 10. Statement of Authorization (required if payrolls are certified by someone other than the owner or
corporate officer)*
[ ] 11. Fringe Benefit Statement (required if employee benefits are paid to a trust/fund)*
[ ] 12. Section 3 Report (Applies to contracts of$100,000 or more)
*Note: These forms are located in the "Additional Required Documents/Sample Documents"section
of Attachment "D" and will be discussed by County CDHstaff at the preconstruction meeting
C
Page 3 of 42
I
i
Federal Labor Standards Provisions U.S. Department of Housing
and Urban Development
Office of Labor Relations
Applicability
The project or program to which the construction work covered by appropriate), a report of the action taken shall be sent by HUD or
this contract pertains is being assisted by the United States of its designee to the Administrator of the Wage and Hour Division,
America and the following Federal Labor Standards Provisions are Employment Standards Administration, U.S. Department of Labor,
included in this Contract pursuant to the provisions applicable to Washington, D.C. 20210. The Administrator, or an authorized
such Federal assistance. representative, will approve, modify, or disapprove every additional
A. 1. (i) Minimum Wages. All laborers and mechanics employed or classification action within 30 days of receipt and so advise HUD
working upon the site of the work will be paid unconditionally and or its designee or will notify HUD or its designee within the 30-day
not less often than once a week, and without subsequent period that additional time is necessary. (Approved by the Office
deduction or rebate on any account (except such payroll of Management and Budget under OMB control number 1215-
deductions as are permitted by regulations issued by the Secretary 0140.)
of Labor under the Copeland Act (29 CFR Part 3), the full amount (c) In the event the contractor, the laborers or mechanics to be
of wages and bona fide fringe benefits (or cash equivalents employed in the classification or their representatives, and HUD or
thereof) due at time of payment computed at rates not less than its designee do not agree on the proposed classification and wage
those contained in the wage determination of the Secretary of rate (including the amount designated for fringe benefits, where
Labor which is attached hereto and made a part hereof, regardless appropriate), HUD or its designee shall refer the questions,
of any contractual relationship which may be alleged to exist including the views of all interested parties and the recommenda-
between the contractor and such laborers and mechanics. tion of HUD or its designee, to the Administrator for determination.
Contributions made or costs reasonably anticipated for bona fide The Administrator, or an authorized representative, will issue a
fringe benefits under Section I(b)(2) of the Davis-Bacon Act on determination within 30 days of receipt and so advise HUD or its
behalf of laborers or mechanics are considered wages paid to such designee or will notify HUD or its designee within the 30-day period
laborers or mechanics, subject to the provisions of 29 CFR that additional time is necessary. (Approved by the Office of
5.5(a)(1)(iv); also, regular contributions made or costs incurred for Management and Budget under OMB Control Number 12150140.)
more than a weekly period (but not less often than quarterly) under (d) The wage rate (including fringe benefits where appropriate)
plans, funds, or programs, which cover the particular weekly period, determined pursuant to subparagraphs (1)(ii)(b)or(c)of this para-
are deemed to be constructively made or incurred during such graph, shall be paid to all workers performing work in the classifi-
weekly period. cation under this contract from the first day on which work is per-
Such laborers and mechanics shall be paid the appropriate wage formed in the classification.
to and fringe benefits on the wage determination for the classi- (iii) Whenever the minimum wage rate prescribed in the contract
..cation of work actually performed, without regard to skill, except for a class of laborers or mechanics includes a fringe benefit which
as provided in 29 CFR 5.5(a)(4). Laborers or mechanics per- is not expressed as an hourly rate, the contractor shall either pay
forming work in more than one classification may be compensated the benefit as stated in the wage determination or shall pay gn-
at the rate specified for each classification for the time actually other bona fide fringe benefit or an hourly cash equivalent thereof.
worked therein: Provided, That the employer's payroll records (iv) If the contractor does not make payments to a trustee or
accurately set forth the time spent in each classification in which other third person, the contractor may consider as part of the
work is performed. The wage determination (including any addi- wages of any laborer or mechanic the amount of any costs rea-
tional classification and wage rates conformed under 29 CFR sonably anticipated in providing bona fide fringe benefits under a
5.5(a)(1)(ii) and the Davis-Bacon poster (WH-1321) shall be posted plan or program, Provided, That the Secretary of Labor has found,
at all times by the contractor and its subcontractors at the site of upon the written request of the contractor, that the applicable star-
the work in a prominent and accessible, place where it can be Bards of the Davis-Bacon Act have been met. The Secretary of
easily seen by the workers. Labor may require the contractor to set aside in a separate ac-
(ii) (a)Any class of laborers or mechanics which is not listed in the count assets for the meeting of obligations under the plan or pro-
wage determination and which is to be employed under the gram. (Approved by the Office of Management and Budget under
contract shall be classified in conformance with the wage deter- OMB Control Number 1215-0140.)
mination. HUD shall approve an additional classification and wage 2. Withholding. HUD or its designee shall upon its own action or
rate and fringe benefits therefor only when the following criteria upon written request of an authorized representative of the be-
have been met: partment of Labor withhold or cause to be withheld from the con-
(1) The work to be performed by the classification requested is tractor under this contract or any other Federal contract with the
not performed by a classification in the wage determination; and same prime contractor, or any other Federally-assisted contract
(2) The classification is utilized in the area by the construction subject to Davis-Bacon prevailing wage requirements, which is
industry; and held by the same prime contractor so much of the accrued pay-
(3) The proposed wage rate, including any bona fide fringe ben- ments or advances as may be considered necessary to pay la-
efits, bears a reasonable relationship to the wage rates contained borers and mechanics, including apprentices, trainees and help-
in the wage determination. ers, employed by the contractor or any subcontractor the full
(b) If the contractor and the laborers and mechanics to be em- amount of wages required by the contract. In the event of failure to
ployed in the classification (if known), or their representatives, and pay any laborer or mechanic, including any apprentice, trainee or
HUD or its designee agree on the classification and wage rate helper, employed or working on the site of the work, all or part
kw icluding the amount designated for fringe benefits where
Previous edition is obsolete Page 1 of 4 HUD-4010(07/2003)
ref. Handbook 1344.1
Page 4 of 42
i
of the wages required by the contract, HUD or its designee may, period has been paid the full weekly wages earned,without rebate,
ater written notice to the contractor, sponsor, applicant, or owner, either directly or indirectly,and that no deductions have been made
`ake such action as may be necessary to cause the suspension of either directly or indirectly from the full wages earned,other than
iy further payment, advance, or guarantee of funds until such permissible deductions as set forth in 29 CFR Part 3;
violations have ceased. HUD or its designee may, after written (3) That each laborer or mechanic has been paid not less than
notice to the contractor, disburse such amounts withheld for and the applicable wage rates and fringe benefits or cash equivalents
on account of the contractor or subcontractor to the respective for the classification of work performed, as specified in the appli-
employees to whom they are due. The Comptroller General shall cable wage determination incorporated into the contract.
make such disbursements in the case of direct Davis-Bacon Act (c) The weekly submission of a properly executed certification set
contracts. forth on the reverse side of Optional Form WH-347 shall satisfy
3. (i) Payrolls and basic records. Payrolls and basic records the requirement for submission of the "Statement of Compliance"
relating thereto shall be maintained by the contractor during the required by subparagraph A.3.(ii)(b).
course of the work preserved for a period of three years thereafter (d) The falsification of any of the above certifications may subject
for all laborers and mechanics working at the site of the work. the contractor or subcontractor to civil or criminal prosecution
Such records shall contain the name, address, and social security under Section 1001 of Title 18 and Section 231 of Title 31 of the
number of each such worker, his or her correct classification, United States Code.
hourly rates of wages paid (including rates of contributions or (iii) The contractor or subcontractor shall make the records re-
costs anticipated for bona fide fringe benefits or cash equivalents uired under subparagraph A.3. i available for inspection, co
thereof of the types described in Section I(b)(2)(B) of the Davis- q p ara ra g p () p py
bacon Act), daily and weekly number of hours worked, deductions ing, or transcription by authorized representatives of HUD or its
designee or the Department of Labor, and shall permit such rep-
made and actual wages paid. Whenever the Secretary of Labor resentatives to interview employees during working hours on the
has found under 29 CFR 5.5(a)(1)(iv)that the wages of any laborer
or mechanic include the amount of any costs reasonably Job. If the contractor or subcontractor fails to submit the required
anticipated in providing benefits under a plan or program records or to make them available, HUD or its designee may, after
described in Section I(b)(2)(B) of the Davis-Bacon Act, the written notice to the contractor, sponsor, applicant or owner, take
such action as may be necessary to cause the suspension of any
contractor shall maintain records which show that the
commitment to provide such benefits is enforceable, that the plan further payment, advance, or guarantee of funds. Furthermore,
or program is financially responsible, and that the plan or program failure to submit the required records upon request or to make
h such records available may be grounds for debarment action pur
as been communicated in writing to the laborers or mechanics
suant to 29 CFR 5.12.
affected,and records which show the costs anticipated or the actual
cost incurred in providing such benefits. Contractors employing 4. Apprentices and Trainees.
apprentices or trainees under approved programs shall maintain (i)Apprentices. Apprentices will be permitted to work at less than
,itten evidence of the registration of apprenticeship programs and the predetermined rate for the work they performed when they are
�rtification of trainee programs, the registration of the apprentices employed pursuant to and individually registered in a bona fide
and trainees, and the ratios and wage rates prescribed in the apprenticeship program registered with the U.S. Department of
applicable programs. (Approved by the Office of Management and Labor, Employment and Training Administration, Office of
Budget under OMB Control Numbers 1215-0140 and 1215-0017.) Apprenticeship Training, Employer and Labor Services, or with a
(ii) (a) The contractor shall submit weekly for each week in which State Apprenticeship Agency recognized by the Office, or if a
any contract work is performed a copy of all payrolls to HUD or its person is employed in his or her first 90 days of probationary
designee if the agency is a party to the contract, but if the agency is employment as an apprentice in such an apprenticeship program,
not such a party, the contractor will submit the payrolls to the who is not individually registered in the program, but who has
applicant sponsor, or owner, as the case may be, for transmission been certified by the Office of Apprenticeship Training, Employer
to HUD or its designee. The payrolls submitted shall set out ac- and Labor Services or a State Apprenticeship Agency (where
curately and completely all of the information required to be main- appropriate) to be eligible for probationary employment as an
tained under 29 CFR 5.5(a)(3)(i).This information may be submit- apprentice. The allowable ratio of apprentices to journeymen on
ted in any form desired. Optional Form WH-347 is available for the job site in any craft classification shall not be greater than the
this purpose and may be purchased from the Superintendent of ratio permitted to the contractor as to the entire work force under
Documents (Federal Stock Number 029-005-00014-1), U.S. Gov- the registered program. Any worker listed on a payroll at an ap-
ernment Printing Office, Washington, DC 20402. The prime con- prentice wage rate, who is not registered or otherwise employed
tractor is responsible for the submission of copies of payrolls by as stated above, shall be paid not less than the applicable wage
all subcontractors. (Approved by the Office of Management and rate on the wage determination for the classification of work actu-
Budget under OMB Control Number 1215-0149.) ally performed. In addition, any apprentice performing work on the
(b) Each payroll submitted shall be accompanied by a "Statement job site in excess of the ratio permitted under the registered
of Compliance," signed by the contractor or subcontractor or his or program shall be paid not less than the applicable wage rate on
her agent who pays or supervises the payment of the persons the wage determination for the work actually performed. Where a
employed under the contract and shall certify the following: contractor is performing construction on a project in a locality other
(1) That the payroll for the payroll period contains the information than that in which its program is registered, the ratios and wage
required to be maintained under 29 CFR 5.5 (a)(3)(i) and that rates (expressed in percentages of the journeyman's hourly rate)
such information is correct and complete; specified in the contractor's or subcontractor's registered program
shall be observed. Every apprentice must be paid at not less than
(2) That each laborer or mechanic (including each helper, ap- the rate specified in the registered program for the apprentice's
prentice, and trainee)employed on the contract during the payroll level of progress, expressed as a percentage of the
L
Previous edition is obsolete Page 2 of 4 form HUD-4010(07/2003)
ref. Handbook 1344.1
Page 5 of 42
journeymen hourly rate specified in the applicable wage determi- tract and for debarment as a contractor and a subcontractor as
nation. Apprentices shall be paid fringe benefits in accordance provided in 29 CFR 5.12.
with the provisions of the apprenticeship program. If the appren- 8. Compliance with Davis-Bacon and Related Act Requirements.
ticeship program does not specify fringe benefits, apprentices must All rulings and interpretations of the Davis-Bacon and Related Acts
be paid the full amount of fringe benefits listed on the wage deter- contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by
mination for the applicable classification. If the Administrator de- reference in this contract
termines that a different practice prevails for the applicable ap- g. Disputes concerning labor standards. Disputes arising out of
prentice classification,fringes shall be paid in accordance with that the labor standards provisions of this contract shall not be subject
determination. In the event the Office of Apprenticeship Training, to the general disputes clause of this contract. Such disputes shall
Employer and Labor Services, or a State Apprenticeship Agency be resolved in accordance with the procedures of the Department
recognized by the Office, withdraws approval of an apprenticeship of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the
program, the contractor will no longer be permitted to utilize meaning of this clause include disputes between the contractor (or
apprentices at less than the applicable predetermined rate for the any of its subcontractors) and HUD or its designee, the U.S.
work performed until an acceptable program is approved. Department of Labor, or the employees or their representatives.
(ii Trainees. Except as provided in 29 CFR 5.16, trainees will not 10. (i) Certification of Eligibility. By entering into this contract the
be permitted to work at less than the predetermined rate for the contractor certifies that neither it (nor he or she) nor any person or
work performed unless they are employed pursuant to and firm who has an interest in the contractor's firm is a person or firm
individually registered in a program which has received prior ap- ineligible to be awarded Government contracts by virtue of Section
proval, evidenced by formal certification by the U.S. Department of 3(a)of the Davis-Bacon Act or 29 CFR 5.12(a)(1)or to be awarded
Labor, Employment and Training Administration. The ratio of HUD contracts or participate in HUD programs pursuant to 24 CFR
trainees to journeymen on the job site shall not be greater than Part 24.
permitted under the plan approved by the Employment and Train-
ing Administration. Every trainee must be paid at not less than the (ii) No part of this contract shall be subcontracted to any person
rate specified in the approved program for the trainee's level of or firm ineligible for award of a Government contract by virtue of
progress, expressed as a percentage of the journeyman hourly Section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(x)(1)or to be
rate specified in the applicable wage determination. Trainees shall awarded HUD contracts or participate in HUD programs pursuant
be paid fringe benefits in accordance with the provisions of the to 24 CFR Part 24.
trainee program. If the trainee program does not mention fringe (iii) The penalty for making false statements is prescribed in the
benefits, trainees shall be paid the full amount of fringe benefits U.S. Criminal Code, 18 U.S.C. 1001. Additionally, U.S. Criminal
listed on the wage determination unless the Administrator of the Code, Section 1 01 0, Title 18, U.S.C., "Federal Housing Adminis-
Wage and Hour Division determines that there is an apprentice- tration transactions", provides in part: "Whoever,for the purpose of
ship program associated with the corresponding journeyman wage • . . influencing in any way the action of such Administration
rate on the wage determination which provides for less than full makes, utters or publishes any statement knowing the same to be
fringe benefits for apprentices. Any employee listed on the payroll false._shall be fined not more than$5,000 or imprisoned not more
3t a trainee rate who is not registered and participating in a than two years, or both."
training plan approved by the Employment and Training Adminis- 11. Complaints, Proceedings, or Testimony by Employees. No
tration shall be paid not less than the applicable wage rate on the laborer or mechanic to whom the wage, salary, or other labor
wage determination for the work actually performed. In addition, standards provisions of this Contract are applicable shall be dis-
any trainee performing work on the job site in excess of the ratio charged or in any other manner discriminated against by the Con-
permitted under the registered program shall be paid not less than tractor or any subcontractor because such employee has filed any
the applicable wage rate on the wage determination for the work complaint or instituted or caused to be instituted any proceeding or
actually performed. In the event the Employment and Training has testified or is about to testify in any proceeding under or
Administration withdraws approval of a training program, the con- relating to the labor standards applicable under this Contract to his
tractor will no longer be permitted to utilize trainees at less than employer.
the applicable predetermined rate for the work performed until an
acceptable program is approved.
Equal em B. Contract Work Hours and Safety Standards Act. The provi-
(iii) E employment o q p y opportunity. The utilization of a pp ren- sions of this paragraph B are applicable only where the amount of
tices, trainees and journeymen under 29 CFR Part 5 shall be in the prime contract exceeds$100,000.As used in this paragraph, the
conformity with the equal employment opportunity requirements of terms"laborers"and"mechanics" include watchmen and guards.
Executive Order 11246, as amended, and 29 CFR Part 30.
5. Compliance with Copeland Act requirements. The contrac- (1) Overtime requirements. No contractor or subcontractor con-
tor shall comply with the requirements of 29 CFR Part 3 which are tracting for any part of the contract work which may require or involve
incorporated by reference in this contract the employment of laborers or mechanics shall require or permit any
such laborer or mechanic in any workweek in which he or she is
6. Subcontracts. The contractor or subcontractor will insert in employed on such work to work in excess of 40 hours in such work-
any subcontracts the clauses contained in subparagraphs 1 week unless such laborer or mechanic receives compensation at a
through 11 of this paragraph A and such other clauses as HUD or rate not less than one and one-half times the basic rate of pay for a!!
its designee may by appropriate instructions require, and a copy of hours worked in excess of 40 hours in such workweek.
the applicable prevailing wage decision, and also a clause re- (2) Violation; liability for unpaid wages; liquidated damages.
quiring the subcontractors to include these clauses in any lower tier In the event of any violation of the clause set forth in subpara-
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.
form HUD-4010(07/2003)
ref.HanODOOK 1,544 1
Previous edition is obsolete
7. Contract termination;debarment.A breach of the contract
clauses in 29 CFR 5.5 may be grounds for termination of the con-
3 of 4
L,
Paoe 6 of 42
graph (1) of this paragraph, the contractor and any subcontractor (4) Subcontracts. The contractor or subcontractor shell insert in
responsible therefor shall be liable for the unpaid wages. In addi- any subcontracts the clauses set forth in subparagraph (1)through
;ion, such contractor and subcontractor shall be liable to the United (4) of this paragraph and also a clause requiring the sub-
States (in the case of work done under contract for the District of contractors to include these clauses in any lower tier subcontracts.
3olumbia or a territory, to such District or to such territory), for The prime contractor shall be responsible for compliance by any
liquidated damages. Such liquidated damages shall be computed subcontractor or lower tier subcontractor with the clauses set forth in
with respect to each individual laborer or mechanic, including subparagraphs (1)through (4)of this paragraph.
watchmen and guards, employed in violation of the clause set forth C. Health and Safety. The provisions of this paragraph C are ap-
in subparagraph (1) of this paragraph, in the sum of$10 for each plicable only where the amount of the prime contract exceeds
calendar day on which such individual was required or permitted to $100,000.
work in excess of the standard workweek of 40 hours without (1) No laborer or mechanic shall be required to work in surround-
payment of the overtime wages required by the clause set forth in ings or under working conditions which are unsanitary, hazardous,
sub paragraph (1)of this paragraph. or dangerous to his health and safety as determined under
(3) Withholding for unpaid wages and liquidated damages. construction safety and health standards promulgated by the Sec-
HUD or its designee shall upon its own action or upon written retary of Labor by regulation.
request of an authorized representative of the Department of La- (2) The Contractor shall comply with all regulations issued by the
bor withhold or cause to be withheld,from any moneys payable on Secretary of Labor pursuant to Title 29 Part 1926 and failure to
account of work performed by the contractor or subcontractor comply may result in imposition of sanctions pursuant to the Con-
under any such contract or any other Federal contract with the tract Work Hours and Safety Standards Act, 40 USC 3701 et seq.
same prime contract, or any other Federally-assisted contract
subject to the Contract Work Hours and Safety Standards Act (3) The Contractor shall include the provisions of this paragraph
w in every subcontract so that such provisions will be binding on
which is held by the same prime contractor such sums as may be
each subcontractor. The Contractor shall take such action with
determined to be necessary to satisfy any liabilities of such con-
respect to any subcontract as the Secretary s Housing and
tractor or subcontractor for unpaid wages and liquidated damages Urban Development c the Secretary of Labor shall direct as a
as provided in the clause set forth in subparagraph (2) of this means of enforcing such provisions.
paragraph.
Previous edition is obsolete form HUD-4010(07/2003)
ref. Handbook 1344.
Vrrr+
4of4
Page 7 of 42
a
CONTRACTOR'S CERTIFICATION OF COMPLIANCE
WITH DAVIS-BACON AND RELATED ACTS REQUIREMENTS
l 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.
IF THE COMPANY IS A CORPORATION, CORPORATE OFFICERS ARE AS FOLLOWS:
President
Vice-President
Secretary/ Treasurer
Signature,Prime Contractor
Title (Owner or President)
Date
Page 8 of 42
I
a
SAN BERNARDINO COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT AND HOUSING
MINORITY AND WOMEN OWNED BUSINESS ENTERPRISE PARTICIPATION
This form is designed to assist the County of San Bernardino in assessing and reporting the proposition and
amounts of contracts and subcontracts awarded to Minority and Women Owned Business Enterprises
(WMBE'S) for the project named below. Include information on all subcontractors and suppliers if the total bid
amount exceeds $10,000.
"Minority owned or controlled" means that 51% or more of the company's ownership or controlled interest in
the company is held by one or more Black Americans, Native Americans (including American Indians,
Eskimos, Aleuts, and Native Hawaiians), Hispanic Americans, or Asian/Pacific Americans (including persons
whose origins are from Japan, China, the Philippines, Vietnam, Korea, Samoa, Guam, the United States Trust
Territories of the Pacific, Northern Marianas, Laos, Cambodia and Taiwan), or any other group of natural
persons identified as minorities in the project specifications by the County.
"Female owned or controlled" means that 51% or more of the company's ownership or controlled interest in
the company is held by one or more female persons.
PROJECT
Project Name Project Number
$ Federally funded or assisted? [ ]Yes [ ] No
Total Bid Amount
CONTRACTOR
Contractor's Name Address
Federal I.D. Number CITY State Zip Code
$ Minority owned/controlled? [ ] Yes [ ] No
Portion of Bid Amount to be If so, what Minority?
performed by Contractor Female owned/controlled? [ ] Yes [ ] No
SUBCONTRACTORS
1)
Subcontractor's Name Address
Federal I.D. Number CITY State Zip Code
$ Minority owned/controlled? [ ] Yes [ ] No
Subcontract Bid Amount If so, what Minority?
Female owned/controlled? [ 1 Yes f 1 No
------------------------------------------------------------------------------------------------------------------------------------------------
2)
Subcontractor's Name Address
Federal I.D. Number CITY State Zip Code
$ Minority owned/controlled? [ ) Yes [ ] No
�+ Subcontract Bid Amount If so, what Minority?
Female owned/controlled? [ ] Yes [ ] N
1 of 2
Page 9 of 42
MINORITY AND WOMEN OWNED BUSINESS ENTERPRISE PARTICIPATION (Continued)
3)
Subcontractor's Name Address
Federal I.D. Number CITY State Zip Code
$ Minority owned/controlled? [ ] Yes [ ] No
Subcontract Bid Amount If so, what Minority?
Female owned/controlled? f ] Yes [ ] No
-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
4)
Subcontractor's Name Address
Federal I.D. Number CITY State Zip Code
$ Minority owned/controlled? [ ] Yes [ ] No
Subcontract Bid Amount If so, what Minority?
Female owned/controlled? [ ] Yes [ ] No
-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
5)
Subcontractor's Name Address
Federal I.D. Number CITY State Zip Code
$ Minority owned/controlled? [ ] Yes [ ] No
Subcontract Bid Amount If so, what Minority?
Female owned/controlled? [ ] Yes [ ] No
6)
Subcontractor's Name Address
Federal I.D. Number CITY State Zip Code
° 'low $ Minority owned/controlled? [ ] Yes [ ] No
Subcontract Bid Amount If so, what Minority?
Female owned/controlled? [ ] Yes [ ] No
-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
7)
Subcontractor's Name Address
Federal I.D. Number CITY State Zip Code
$ Minority owned/controlled? [ ] Yes [ ] No
Subcontract Bid Amount If so, what Minority?
Female owned/controlled? [ j Yes [ ] No
8)
Subcontractor's Name Address
Federal I.D. Number CITY State Zip Code
$ Minority owned/controlled? [ ] Yes [ ] No
Subcontract Bid Amount If so, what Minority?
Female owned/controlled? [ ] Yes [ ] No
-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
9)
Subcontractor's Name Address
Federal I.D. Number CITY State Zip Code
vow $ Minority owned/controlled? [ ] Yes [ ] No
Subcontract Bid Amount If so, what Minority?
Female owned/controlled? [ ] Yes ( ] No
2of2
Page 10 of 42
CERTIFICATION OF BIDDER REGARDING
EQUAL EMPLOYMENT OPPORTUNITY
Project Name:
INSTRUCTIONS
This certification is required pursuant to Executive Order 11246 (30 F.R. 12319-25). The implementing rules and regulations
provide that any bidder or prospective contractor, or any of their proposed subcontractors, shall state as an initial part of the bid or
negotiations of the contract whether it has participated in any previous contract or subcontract subject to the equal opportunity
clause; and, if so,whether it has filed all compliance reports due under applicable instructions.
Where the certification indicates that the bidder has not filed a compliance report due under applicable instructions, such bidder
shall be required to submit a compliance report within seven calendar days after bid opening. No contract shall be awarded unless
such report is submitted.
CERTIFICATION BY BIDDER
Bidder's Name
Address & Zip Code
1. Bidder has on file an affirmative action program pursuant to Part 60-2 (applies to non-construction contracts).
Yes ❑ No ❑
2.Bidder has participated in a previous contract or subcontract subject to the Equal Opportunity Clause.
Yes ❑ No ❑ (If answer is yes, identify the most recent contract.)
(If answer is no, contractor may be required to submit an EEO-1 survey
or other reports to the Equal Employment Opportunity Commission,
contact the EEOC at 800-669-4000 or inquire online at
http://Www.eeoc.govleeolsurveylindex.htm.
1. Compliance reports were filed in connection with such contract or subcontract with the Joint Reporting Committee,
the Deputy Assistant Secretary or the Equal Employment Opportunity Commission.
Yes ❑ No ❑ None required ❑
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
Page 11 of 42
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 � compliance report before the
owner approves the subcontract or permits work to begin under the subcontract.
SUBCONTRACTOR'S CERTIFICATION
Subcontractor's Name:
ROW Address &Zip Code:
1.13idder has on file an affirmative action program pursuant to Part 60-2 (applies to non-construction contracts).
Yes ❑ No ❑
2.13idder has participated in a previous contract or subcontract subject to the Equal Opportunity Clause.
Yes ❑ No ❑ (If answer is yes, identify the most recent contract.)
(If answer is no, contractor may be required to submit an EEO-1 survey
or other reports to the Equal Employment Opportunity Commission,
contact the EEOC at 800-669-4000 or inquire online at
http.*Ilwww.eeoc.govleeolsurveylindex.html.
3.Compliance reports were filed in connection with such contract or subcontract with the Joint Reporting Committee,
the Deputy Assistant Secretary or the Equal Employment Opportunity Commission.
Yes ❑ No ❑ None required ❑
Certification: The information above is true and complete to the best of my knowledge and belief.
Name and Title of Signer (Please Type)
(W
Signature Date
• NOTE: THIS FORM MUST BE FILLED OUT BY EACH OF THE BIDDER'S SUBCONTRACTORS.
Page 12 of 42
i
Contracts over 100 000
Section 3 Report C � ,
Project Name/Number:
Prime Contractor Name/Address/Phone Number:
Please check the contract type: Construction Non-Construction
Under Section 3 of the Housing and Urban Development Act of 1968, as amended (the Act), the County of San
Bernardino is directed to award a portion of all construction contracts of$100,000 or more, on projects funded by
the Department of Housing and Urban Development (HUD), to Section 3 businesses. A Section 3 business: 1) is at
least 51% owned by a low-income person, or 2) has a workforce comprised of at least 30% low-income persons,or
3) subcontracts at least 25% of its work to Section 3 businesses. Contractors with contracts over $100,000 must
show a good faith effort to become a Section 3 business.
The prime contractor must complete the following. Numbers should reflect information from the prime contractor and all
subcontractors working on the project.
Job Category #of new hires #new hires that %of total staff % of staff hours #of low-income
for the project are low-income hours worked by worked by low- employees and
new hires who are income employees trainees
low-income and trainees
(includin new hires)
-viofessionals
Technicians
Office/Clerical
Construction By
Trade (List):
1. Trade
2. Trade
3. Trade
4. Trade
5. Trade
6. Trade
7. Trade
Other(List)
Please check one of the following:
❑ I am a Section 3 business
❑ I am not a Section 3 business
❑ I am working towards becoming a Section 3 business
If you checked the 3`d box above,please check efforts made to become a Section 3 business:
❑ Attempted to recruit low-income residents through: local advertising media, signs prominently displayed at the
NAW.- project site, contacts with community organizations and public or private agencies.
❑ Participated in a HUD program,which promotes the training and employment of low-income residents
❑ Participated in a HUD program which promotes the award of contracts to Section 3 businesses
❑ Coordinated with HUD Youth Build programs
❑ Other efforts made (describe):
Pane 13 of 49
"SECTION 3" CLAUSE
3-2.2 Employment opportunities for business and lower income persons in connection with assisted
projects. This clause applies to construction contracts of$100,000 or more, on projects funded
with $200,000 or more in federal funds from the U.S. Department of Housing and Urban
Development.
Assurance of compliance with regulations.
(A) Every contract or agreement for a grant, loan, subsidy or other direct financial assistance in aid of
housing, urban planning, development, redevelopment, or renewal, public or community facilities and
new community facilities and new community development, entered into by the Department of Housing
and Urban Development with respect to a Section 3 covered project shall contain provisions requiring
the applicant or recipient to carry out the provisions of Section 3, the regulations set forth in this part,
and 'any applicable rules and orders of the Department issued thereunder prior to approval of its
application for assistance for a Section 3 covered project.
(B) Every applicant, recipient, contracting party, contractor and subcontractor shall incorporate, or cause
to be incorporated, in all contracts for work in connection with a Section 3 covered project, the
following clause (referred to as Section 3 clause):
a. The work to be performed under this contract is on a project assisted under a program providing
direct Federal financial assistance from the Department of Housing and Urban Development as is
subject to the requirements of Section 3 of the Housing and Urban Development and is subject to
the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended,
12 U.S.C. 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
applicant or recipient for such assistance, its successors and assigns. Failure to fulfill these
Mr A 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
Page 14 of 42
Insert Davis-Bacon Wage Determination
Page 15 of 42
i
AFFIRMATIVE ACTION COMPLIANCE
GUIDELINES FOR CONSTRUCTION AND
NON-CONSTRUCTION CONTRACTORS
Page 1 of 4
Page 16 of 42
AFFIRMATIVE ACTION COMPLIANCE States, State of California and County of San
Bernardino.
GUIDELINES FOR
CONSTRUCTION AND NON- 2. The implementing entity is committed to insuring
that there be no discrimination by vendors,
CONSTRUCTION CONTRACTORS contractors (including professional services and
consultants), lessors, or lessees doing business
These Affirmative Action Compliance Guidelines have been with the implementing entity.
designed to provide contractors with information necessary
to comply with Federal regulations found under Title 40, Part 3. Contractors and subcontractors agree to take
60 of the Code of Federal Regulations . It is the intent of affirmative personnel actions to hire and promote
these guidelines to insure that equal opportunity for workers who traditionally have been discriminated
employment is practiced by the contractor without regard to against in the job market, including women,
race, color, sex, religion, national origin, disability, and minorities, members of certain ethnic and
veteran's status. These guidelines provide the minimum religious groups, individuals with disabilities, and
information necessary to comply with EEO and affirmative veterans.
action requirements, including the preparation of an
Affirmative Action Plan that complies with Federal B. Affirmative Action Step Requirements for
regulations regarding Affirmative Action for federally-assisted CONSTRUCTION Contractors and Subcontractors:
projects. Contractors are urged to contact the implementing
entity or the U.S. Department of Labor's Office of Federal 1. Personnel affirmative action in recruitment, hiring,
Contract Compliance Programs (OFCCP) officer for any and promotion is required by contractor and
necessary technical assistance in meeting Affirmative Action subcontractors who have entered into a federally-
requirements if they are considering bidding under this assisted construction or non-construction contract
contract. that exceed $10,000 or $10,000 in the aggregate
over a 12-month period.
I. AFFIRMATIVE ACTION COMPLIANCE PROGRAM
2. Contractors and subcontractors who enter into a
A. The Affirmative Action program embodies the CONSTRUCTION CONTRACT in excess of
following principals: $10,000 must take 16 specific affirmative action
steps to ensure equal employment opportunity.
1. Discrimination because of race, color, age, sex, These steps are included in 41 CFR 60-4.3 (a) (7)
religion, national origin, marital status, disability, and are also included under "Standard Federal
or veteran's status is inconsistent with the Equal Employment Opportunity Construction
constitution, laws, and policies of the United Contract Specifications" of Attachment "D" of the
bid package.
C. Affirmative Action Plan requirements for 6. Specific contracts and facilities found
NONCONSTRUCTION Contractors: exempt by 7. Deputy Assistant Secretary
1. All contractors who have entered into a
NONCONSTRUCTION CONTRACT and who: 1) 8. National security contracts
do business in the amount of $50,000 or more Any contractor who feels qualified for an exemption
with the implementing entity in any one fiscal should contact the local Contract Compliance Officer
year and, 2)employ fifty(50)or more employees, or the U.S. Department of Labor's OFCCP Officer for
must develop a written Affirmative Action further information.
Program within 120 days after the contract
award date. Il. SATISFYING AFFIRMATIVE ACTION PLAN
2. All subcontractors rendering services or supplies A. Affirmative Action Plan requirements for
to a contractor in the amount of $50,000.00 or NONCONSTRUCTION contractors can be met
more and employ fifty (50) or more employees, through the following:
must develop a written Affirmative Action
Program within 120 days after the contract award 1. Completing a Contract Compliance Qualifying
date. Report for Non-construction Contractors and
Vendors, (refer to the form found in the
D. Exemptions under 41 CFR 60: "Additional Required Documents/ Sample
The following persons/contracts shall be exempt from Documents" section of Attachment "D" of the bid
this program: package).
1. A contract or contracts by a contractor that 2. Completing a contractor's Affirmative Action
Policy, including methods of recruiting minorities
do not exceed $10,000 in the aggregate over a and women. If the contractor does not have its
12-month period. own Affirmative Action Policy, it may adopt the
2. Contracts for Work outside the United County's model Affirmative Action Policy ((refer to
States the form found in the "Additional Required
Documents/ Sample Documents" section of
3. State and Local Governments Attachment"D"of the bid package).
4. Contracts with certain educational 3. Following Federal Affirmative Action Plan
institutions
guidelines which comply with the requirements of
5. Work on or near Indian Reservations
41 CFR 60.2.10
Page 2 of 4
Page 17 of 42
' K. "Employer Identification Number" means the Federal
Social Security Number;
DEFINITIONS L. "Handicapped Status"means any person who:
Unless a provision of a contract otherwise requires, 1. Has a physical or mental impairment, which
certain words and phrases shall be defined as follows: substantially limits one or more of such person's
major life activities.
A. "Affirmative Action" is a commitment to increase the
number of minorities and women in the work force by 2. Has a record or such impairment or,
setting employment goals and timetables, including
action to achieve objectives. Affirmative Action 3. Is generally regarded as having such an
seeks to ensure that discrimination is impairment.
eliminated in dealings with employees or applicants
for employment whether the discrimination is Ni. "Implementing Entity" means public jurisdiction who is
intentional or unintentional. In addition, Affirmative administering the contract.
Action seeks to improve job standards and
productivity through the removal of artificial and N. "Minority" includes:
unnecessary barriers to employment and promotion
and ensure that all job actions are related to job 1. Black (all persons having origins in any Black
performance measures. African racial groups not of Hispanic origin);
B. "Affirmative Action Plan" is a written affirmative plan 2. Hispanic (all persons of Mexican, Puerto Rican,
required of contractors and subcontractors who have Cuban, Central or South American or other
50 or more employees and have entered into a Spanish Culture or origin, regardless of race);
contract with the implementing entity that exceeds
$50,000, or $50,000 in contracts over a 12-month
period. 3. Asian or Pacific Islander (all persons having
origins in any of the original peoples of the Far
C. "Contract" means a federally-assisted purchase order, East, Southeast Asia, the Indian subcontinent or
offer and acceptance, lease, agreement or other the Pacific Islands);
arrangement creating an obligation to which the
implementing entity is a party, which would make one 4. American India or Alaskan native (all persons
of the parties within the definition a contractor. having origins in any of the native peoples of
North America and maintaining identifiable tribal
D. "Construction" means the construction, rehabilitation, affiliations through membership and participation
alteration, conversion, extension, demolition or repair in community identification).
airr of buildings, highways or other changes or
improvements to real property, including facilities O. "Non-construction Contract" means any contract that
providing utility services. does not fall within the definition of "Construction
Contract".
E. "Contractor" means a prime contractor or
subcontractor. P. "Officer" means the Contract Compliance Officer of
the implementing entity or U.S. Department of Labor
F. "Covered Area" means the geographical area Office of Federal Contract Compliance Program
described in the solicitation from which the contract (OFCCP)Officer.
resulted;
O. "Persons" means any individual, firm, co-partnership,
G. "Director" means Director, OFCCP, U.S> Dept. of public service, joint venture, association, social club,
Labor, or any person to whom the Director delegates fraternal organization, corporation, estate, trust
authority to; receiver, syndicate CITY, county, municipal
corporation, district or other political subdivision, or
H. "Employee" means one who performs work for any other group or combination acting as a unit.
compensation, or a person who is permanently or
regularly employed by the contractor or R. "Underutilization" means having fewer minorities or
subcontractor. women in a particular job classification than would
reasonably be expected by their availability.
1. "Employer Identification Number" means the Federal
Social Security Number; S. "Vietnam-Era Veteran" means a person who:
J. "Handicapped Status"means any person who: 1. Served on actual duty for a period of more than
1. Has a physical or mental impairment, which 180 days, any part of which occurred between
substantially limits one or more of such person's August 5, 1964, and May 7, 1975, and was
major life activities. discharged or released therefrom with other than
a dishonorable discharge;or
2. Has a record or such impairment or,
2. Was discharged or released from active duty for a
3. Is generally regarded as having such an service - connected disability if any part of such
impairment. active duty was performed between August 5,
1964, and May 7, 1975,
Page 3 of 4
Page 18 of 42
T. Violation and Appeal Procedure. 1. Contractor agrees to fully comply with the laws and
programs (including regulations issued pursuant
1. A contractor found in violation of equal thereto) identified herein. Such compliance is required
opportunity/ affirmative action laws will shall be to the extent such laws, programs and their regulations
referred to the U.S. Department of Labor's are, by their own terms, applicable to this contract.
OFCCP Division, and the Solicitor for Labor, Contractor warrants that he will make himself thoroughly
Associate Solicitor of Labor Relations and Civil familiar with the applicable provisions of said laws,
Rights Regional Solicitors and Regional Attorney programs, and regulations prior to commencing
are authorized to institute enforcement performance of the contract. Copies of said iaws,
proceedings by filing a compliant and serving that programs, and regulations are available upon request
compliant to the contractor (defendant), in from the implementing entity's Contract Compliance
accordance with procedures set forth in 41 CFR Officer, or from the U.S. Department of Labor's OFCCP
60-30.5. The complaint shall contain information Officer to the extent applicable the provisions of said
on the alleged violation, a prayer regarding the 1< vs programs and regulations are deemed to be a part
relief being sought, and the name and address of o; this contract as if fully set forth herein.
the attorney representing the Government. Within
20 days after receiving the complaint, the 2. Vietnam Era Veterans' Readjustment Assistance Acts of
defendant shall file an answer with the Chief 1972 and 1974, as amended. Pub. L. 92-540, Title V,
Administrative Law Judge, if the case has not Sec 503(a), Pub. L 93-508. Title IV, Sec. 402. (38
been assigned to an Administrative Law judge. USCA 2011-2013).
2. The answer shall contain a statement of the facts, 3. Rehabilitation act of 1973, as amended (Handicapped)
which constitute the ground of defense, and shall: Pub. 193-112 as amended. (29 USCA 701-794).
1) specifically admit, explain, or deny, each of the
allegations of the complaint unless the defendant 4. California Fair Employment Practice Act. Labor Code
is without knowledge, or 2) state that the Sec. 1410 et seq.
defendant admits all the allegations contained it
the complaint. The answer may contain a waiver 5. Civil Rights Act of 1964, as amended (42 USCA 2000a
for a hearing and if not, a separate paragraph in to 2000H-6) and Executive Order No. 11246, September
the answer shall request a hearing. The answer 24, 1965, as amended.
shall contain the name and address of the
defendant, or of the attorney representing the
defendant. Failure to file an answer or plead
specifically to an allegation of the complaint shall
constitute an admission of such allegation.
Page 4 of 4
Page 19 of 42
I
EQUAL OPPORTUNITY CLAUSES (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
The contractor and subcontractors not found exempt under
may be canceled, terminated or suspended in whole
41 CFR 60-1.5, are required to comply with the following
or in part, and the Contractor may be declared
equal opportunity clauses as a condition of being awarded a ineligible for further Government contracts in
federally-assisted contract. Each nonexempt prime accordance with procedures authorized in Executive
contractor shall include equal employment opportunity Order 11246 of September 24, 1965, and such other
clauses in each of its nonexempt subcontractors. sanctions may be imposed and remedies invoked as
provided in Executive Order 11246 of September 24,
EQUAL OPPORTUNITY CLAUSE FOR FEDERALLY- 1965, or by rule, regulation or order of the Secretary
ASSISTED CONSTRUCTION CONTRACTS of Labor, or as otherwise provided by law.
This clause is inserted pursuant to Executive Order 11246 of (7) The Contractor will include the provisions of
September 24, 1965, as amended, and Title VII of the Civil paragraphs (1) through (7) in every subcontract or
Rights Act of 1964, and is applicable pursuant to 41 C.F.R. purchase order unless exempted by rules, regulations
Sec. 60-1.4. The following requirements apply to contractors or orders of the Secretary of Labor issued pursuant to
and subcontractors Section 204 of Executive Order 11246 of September
24, 1965, so that such provisions will be binding upon
(1) The Contractor will not discriminate against any each subcontractor or vendor. The Contractor will
employee or applicant for employment because of take such action with respect to any subcontract or
race, color, religion, sex, or national origin. The purchase order as the contracting agency may direct
Contractor will take affirmative action to ensure that as a means of enforcing such provisions, including
applicants are employed, and that employees are sanctions for noncompliance: Provided, however,
treated during employment without regard to their that in the event the Contractor becomes involved in,
race, color, religion, sex, national origin. Such action or is threatened with, litigation with a subcontractor or
shall include, but not be limited to the following: vendor as a result of such direction by the contracting
Employment, upgrading, demotion, or transfer; agency, the Contractor may request the United States
recruitment or recruitment advertising; layoff or to enter into such litigation to protect the interests of
termination; rates of pay or other forms of the United states.
compensation; and selection for training, including
apprenticeship. The Contractor agrees to post in The applicant further agrees that it will be bound by
conspicuous places, available to employees and the above equal opportunity clause with respect to its
applicants for employment, notices to be provided by own employment practices when it participates in
the contracting officer setting forth the provisions of federally assisted construction work; provided, that if
this nondiscrimination clause. the applicant so participating is a State or local
government, the above equal opportunity clause is
(2) The Contractor will, in all solicitations or not applicable to any agency, instrumentality or
advertisements for employees placed by or on behalf subdivision of such government which does not
of the Contractor, state that all qualified applicants will participate in work on or under the contract.
receive consideration for employment without regard
to race, color, religion, sex, or national origin. The applicant agrees that it will assist and cooperate
actively with the administering agency and the
(3) The Contractor will send to each labor union or Secretary of Labor in obtaining the compliance of
representative of workers with which he has a contractors and subcontractors with the equal
collective bargaining agreement or other contract or opportunity clause and the rules, regulations, and
understanding, a notice to be provided by the agency relevant orders of the Secretary of Labor, that it will
contracting officer, advising the labor union or furnish the administering agency and the Secretary of
workers' representative of the Contractor's Labor in obtaining the compliance of contractors and
commitments under Section 202 of Executive Order subcontractors with the equal opportunity clause
11246 of September 24, 1965, and shall post copies and the rules, regulations, and relevant orders of
of the notice in conspicuous places available to the Secretary of Labor, that it will furnish the
employees and applicants for employment. administering agency and the Secretary of Labor such
information as they may require for the supervision of
(4) The contractor will comply with all provisions of such compliance, and that it will otherwise assist the
Executive Order 11246 of September 24, 1965. and administering agency in the discharge of the agency's
of the rules, regulations, and relevant orders of the primary responsibility for securing compliance.
Secretary of Labor.
(5) The contractor will furnish all information and reports
required by Executive Order 11246 of September 24,
1965, and by rules, regulations and orders of the
Secretary of Labor, pursuant thereto, and will permit
access to his books, records, and accounts by the
administering agency and Secretary of Labor for
purposes of investigation to ascertain compliance with
such rules, regulations, and orders
Page 1 of 8
Page 20 of 42
• The applicant further agrees that it will refrain from listed at an appropriate local office of the State
entering into any contract or contract modification employment service system wherein the opening
subject to Executive Order 1124 of September 24, occurs. The Contractor further agrees to provide
1965, with a contractor debarred from, or who has such reports to such local office regarding
not demonstrated eligibility for Government employment openings and hires as may be
contracts and federally assisted construction required.
contracts pursuant to the Executive Order and will
carry out such sanctions and penalties for violation (3) Listings of employment openings with the
of the equal opportunity clause as may be imposed employment service system pursuant to this clause
upon contractors and subcontractors by the shall be made at least concurrently with the use of
administering agency or the Secretary of Labor any other recruitment source or effort and shall
pursuant to Part II, Subpart D of the Executive involve the normal obligations which attach to the
Order. In addition, the applicant agrees that if it placing of a bona fide job order, including the
fails or refuses to comply with these undertakings, acceptance of referrals of veterans and non-
the administering agency may take any or all of the veterans. The listing of employment openings does
following actions: Cancel, terminate, or suspend in not require the hiring of any particular job applicant
whole or in part this grant(contract, loan, insurance, or from any particular group of job applicants, and
guarantee), refrain from extending any further nothing herein is intended to relieve the Contractor
assistance to the applicant under the program with from any requirements in Executive Orders or
respect to which the failure or refund occurred until regulations regarding nondiscrimination in
satisfactory assurances of future compliance has employment.
been received from such applicant, and refer the
case to the Department of Justice for appropriate (4) The reports required by paragraph (2) of this clause
legal proceedings. shall include, but not be limited to, periodic reports
which shall be filed at least quarterly with the
In addition to the above, Contractor will agree to appropriate local office or,where the Contractor has
furnish all information and reports, including more than one hiring location in a State, with the
Standard form EEO-1, if applicable, to the U.S. central office of that State employment service.
Equal Employment Opportunity Commission Such reports shall indicate for each hiring location,
(EEOC) and the U.S. Department of Labor's (a) the number of individuals hired during the
OFCCP, as required by Executive Order No. 11246 reporting period, (b) the number of non-disabled
of September 24, 1965. veterans of the Vietnam Era hired, (c) the number
of disabled veterans of the Vietnam Era hired, and
EQUAL OPPORTUNITY CLAUSE FOR (d) the total number of disable veterans hired. The
reports shall include covered veterans hired for on-
SPECIAL DISABLED VETERANS the-job training under 38 USC Sec. 1787. The
AND VETERANS OF THE VIETNAM ERA Contractor shall submit a report within thirty (30)
days after the end of each reporting period wherein
This clause is inserted pursuant to Executive Order 11701 of any performance is made on this contract
January 24, 1973 and the Vietnam Era Veterans identifying data for each hiring location. The
Readjustment Assistance Acts of 1972 and 1974 (P.L. 92- Contractor shall maintain at each hiring location,
540, 93-508), and is applicable pursuant to 41 CFR Sec. 60- copies of the reports submitted until the expiration
250. of one year after final payment under the contract,
during which time these reports and related
(1) The Contractor will not discriminate against any documentation shall be made available, upon
employee or applicant for employment because he request, for examination by any authorized
or she is a disabled veteran or veteran of the representatives of the contracting officer or of the
Vietnam Era in regard to any position for which the Secretary of Labor. Documentation would include
employee or applicant for employment is qualified. personnel records respecting job openings,
The Contractor agrees to take affirmative action to recruitment and placement.
employ, advance in employment and otherwise
treat qualified disabled veterans and veterans of the (5) Whenever the Contractor becomes contractually
Vietnam Era without discrimination based upon bound to the listing provisions of this clause, it shall
their disability or veterans status in all employment advise the employment service system in each
practices such as the following: employment, State where it has establishments of the name and
upgrading, demotion or transfer, recruitment, location of each hiring location in the State. As long
advertising, layoff or termination, rates of pay or as the Contractor is contractually bound to these
other forms of compensation, and selection for provisions and has so advised the State system,
training, including apprenticeship. there is no need to advise the State system of
subsequent contracts. The Contractor may advise
(2) The Contractor agrees that all suitable employment the State system when it is no longer bound by this
openings of the Contractor which exist at the time of contract clause.
the execution of this contract and those which occur
during the performance of this contract, including (6) This clause does not apply to the listing of
those not generated by this contract and including employment openings, which occur and are filled
those occurring at an establishment of the outside of the 50 States, the District of Columbia,
Contractor other than the one wherein the contract Puerto Rico, Guam and the Virgin Islands.
is being performed but excluding those of
independently operated corporate affiliates, shall be
Page 2 of 8
Paae 21 of 42
I
(7) The provisions of paragraphs (2), (3), (4) and (5) of (9) The Contractor agrees to comply with the rules,
this clause do not apply to openings which the regulations and relevant orders of the Secretary of
Contractor proposes to fill from within his own Labor issued pursuant to the Act.
organization or to fill pursuant to a customary and
traditional employer - union hiring arrangement. (10) In the event of the Contractor's noncompliance with
This exclusion does not apply to a particular the requirements of this clause, actions for
opening once an employer decides to consider noncompliance may be taken in accordance with
applicants outside of his own organization or the rules, regulations and relevant orders of the
employer-union arrangement for that opening. Secretary of Labor issued pursuant to the Act.
(8) As used in this clause: (11) The Contractor agrees to post in conspicuous
places, available to employees and applicants for
a. "All suitable employment openings" includes, but is employment, notices in a form to be prescribed by
not limited to, openings which occur in the following the Director, provided by or through the contracting
job categories: production and non-production; officer. Such notices shall state the Contractor's
plant and office; laborers and mechanics; obligation under the law to take affirmative action to
supervisory and non-supervisory; technical; and employ and advance in employment qualified
executive, administrative and professional openings disabled veterans and veterans of the Vietnam Era
as are compensated on a salary basis of less than for employment, and the rights of applicants and
$25,000 per year. The term includes full-time employees.
employment, temporary employment of more than
three (3) days duration, and part-time employment. (12) The Contractor will notify each labor union or
It does not include openings which the Contractor representative of workers with which it has a
proposes to fill from within his own organization or collective bargaining agreement or other contract
to fill pursuant to a customary and traditional understanding, that the Contractor is bound by the
employer - union hiring arrangement nor openings terms of the Vietnam Era Veterans' Readjustment
in an educational institution which are restricted to Assistance Act, and is committed to take affirmative
students of that institution. Under most compelling action to employ and advance in employment
circumstances an employment opening may not be qualified disabled veterans and veterans of the
suitable for listing, including such situations where Vietnam Era.
the needs of the Government cannot reasonably be
otherwise supplied, where listing would be contrary (13) The Contractor will include the provisions of this
to national security, or where the requirement of clause in every subcontract or purchase order of
listing would otherwise not be for the best interest of $10,000 or more unless exempted by rules,
the Government. regulations or orders of the Secretary issued
b."Appropriate office of the State employment service pursuant to the Act, so that such provisions will be
system" means the local office of the Federal - binding upon each subcontractor or vendor. The
State national system of public employment offices Contractor will take such action with respect to any
with assigned responsibility for serving the area subcontract or purchase order as the Director of the
where the employment opening is to be filled, Office of Federal Contract Compliance Programs
including the District of Colombia, Guam, Puerto may direct to enforce such provisions, including
Rico and the Virgin Islands. action for noncompliance.
c. "Openings which the Contractor proposes to fill (14) Collective bargaining agreement or other contract
from within his own organization" means understanding, that the Contractor is bound by the
employment openings for which no consideration terms of the Vietnam Era Veterans' Readjustment
will be given to persons outside the Contractor's Assistance Act, and is committed to take affirmative
organization (including any affiliates, subsidiaries action to employ and advance in employment
and the parent companies) and includes any qualified disabled veterans and veterans of the
openings which the Contractor proposes to fill from Vietnam Era.
regularly established"recall" lists.
(15) The Contractor will include the provisions of this
d. "Openings which the Contractor proposes to fill clause in every subcontract or purchase order of
pursuant to a customary nd traditional employer - $10,000 or more unless exempted by rules,
ry l regulations or orders of the Secretary issued
union hiring arrangement" means employment pursuant to the Act, so that such provisions will be
openings which the Contractor proposes to fill from
union halls, which is part of the customary and binding upon each subcontractor or vendor. The
Contractor will take such action with respect to any
traditional hiring relationship which exists between subcontract or purchase order as the Director of the
the Contractor and representatives of his Office of Federal Contract Compliance Programs
employees. may direct to enforce such provisions, including
action for noncompliance
Page 3 of 8
Page 22 of 42
AN
EQUAL OPPORTUNITY CLAUSE FOR (4) The Contractor agrees to post in conspicuous
places, available to employees and applicants for
WORKERS WITH DISABILITIES employment, notices in a form to be prescribed by
the Director, provided by or through the contracting
This clause is inserted pursuant to the Rehabilitation Act of officer.
1973 (P.L.93-112)and 41 CFR Sec. 60-741-4.
(5) Such notices shall state the Contractor's obligation
(1) The Contractor will not discriminate against any under the law to take affirmative action to employ
employee or applicant for employment because of and advance in employment qualified handicapped
physical or mental handicap in regard to any employees and applicants for employment, and the
position for which the employee or applicant for rights of applicants and employees.
employment is qualified. The Contractor agrees to
take affirmative action to employ, advance in (6) The Contractor will notify each labor union or
employment and otherwise treat qualified representative of workers with which it has a
handicapped individuals without discrimination collective bargaining agreement or other contract
based upon their physical or mental handicap in all understanding, that the Contractor is bound by the
employment practices such as the following: terms of Section 503 of the Rehabilitation Act of
employment, upgrading, demotion or transfer, 1973, and is committed to take affirmative action to
recruitment, advertising, layoff or termination, rates employ and advance in employment physically and
of pay or other forms of compensation, and mentally handicapped individuals.
selection for training, including apprenticeship.
(7) The Contractor will include the provisions of this
(2) The Contractor agrees to comply with the rules, clause in every subcontract or purchase order of
regulations and relevant orders of the Secretary of $2,500.00 or more unless exempted by rules,
Labor issued pursuant to the Act. regulations or orders of the Secretary issued
pursuant to Section 503 of the Act, so that such
(3) In the event of the Contractor's non-compliance provisions will be binding upon each Subcontractor
with the requirements of this clause, actions for or vendor. The Contractor will take such action with
noncompliance may be taken in accordance with respect to any subcontract or purchase order as the
the rules, regulations and relevant orders of the Director of the Office of Federal Contract
Secretary of Labor issued pursuant to the Act. Compliance Programs may direct to enforce such
provisions, including action for noncompliance.
4of8
Page 23 of 42
STANDARD FEDERAL EQUAL 2. Whenever the Contractor, or any Subcontractor
EMPLOYMENT OPPORTUNITY at any tier, subcontracts a portion of the work
involving any construction trade, it shall
CONSTRUCTION CONTRACT PROVISIONS physically include in each subcontract in excess
(EXECUTIVE ORDER 11246, PURSUANT TO of$10,000 the provisions of these specifications
41 CFR 60-4.3 (a) and the Notice which contains the applicable
goals for minority and female participation
and which is set forth in the solicitations from
1. As used in these specifications: which this contract resulted.
a. "Covered area" means the 3 If the Contractor is participating (pursuant to 41
geographical area described in the CFR 60-4.5) in a Hometown Plan approved by
solicitation from which this contract the U.S. Department of Labor in the covered
resulted; area either individually or through an
b. "Director" means Director, Office of association, its affirmative action obligations on
Federal Contract Compliance all work in the Plan area (including goals and
Programs, United States Department timetables) shall be in accordance with the plan
of Labor, or any person to whom the for those trades which have unions participating
in the Plan. Contractors must be able to
Director delegates authority; demonstrate their participation in and
C. "Employer identification number' compliance with the provisions of any such
means the Federal Social Security Hometown Plan. Each Contractor or
number used on the Employer's Subcontractor participating in an approved Plan
Quarter Federal Tax Return. U.S. is individually required to comply with its
Treasury Department form 941. obligations under the EEO clause, and to make
a good faith effort to achieve each goal under
the Plan in each trade in which it has
d. "Minority" includes: employees. The overall good faith performance
(i) Black (all persons having by other Contractors or Subcontractors toward a
origins in any of the Black goal in an approved Plan does not excuse any
African racial groups not of covered Contractor's or Subcontractor's failure
Hispanic origin): to take good faith efforts to achieve Plan goals
and timetables.
(ii) Hispanic (all persons of 4. The Contractor shall implement the specific
Mexican, Puerto Rican, affirmative action standards provided in
Cuban, Central or South paragraphs 7a through p of these specifications.
American or other Spanish The goals set forth in the solicitation from which
Culture or origin, regardless of the contract resulted are expressed as
race); percentages of the total hours of employment
(iii) Asian and Pacific Islander (all and training of minority and female utilization
persons having origins in any the Contractor should reasonable the able to
of the original peoples of the achieve in each construction trade in which it
Far East, Southeast Asia, the has employees in the covered area. Covered
Indian Subcontinent, or the Construction contractors performing
Pacific Islands); and construction work in geographical areas where
they do not have a Federal or federally assisted
(iv) American Indian or Alaskan construction contract shall apply the
Native (all persons minority and female goals established for the
having origins in any of the geographical area where the work is being
original peoples of North performed. Goals are published periodically in
America and maintaining the FEDERAL REGISTER in notice form, and
identifiable tribal affiliations such notices may be obtained from any Office of
through membership and Federal contract Compliance Programs Office or
participation or community from Federal procurement contracting officers.
identification). The contractor is expected to make substantially
uniform progress in meeting its goals in each
craft during the period specified.
IL j
5 of 8
Page 24 of 42
5. Neither the provisions of any collective t:, each such individual. If suc)
bargaining agreement, nor the failure by a union individual was sent to the union hiring
with whom the Contractor has a collective hall for referral and was not referred
bargaining agreement, to refer either minorities back to the Contractor by the union or,
or women shall excuse the Contractor's if referred, not employed by the
obligations under these specifications, Contractor, this shall be documented in
Executive Order 11246, or the regulations the file with the reason therefore, along
promulgated pursuant thereto. with whatever additional actions the
Contractor may have taken.
6. In order for the nonworking training hours of
apprentices and trainees to be counted in d. Provide immediate written notification
meeting the goals, such apprentices and to the Director when the union or
trainees must be employed by the Contractor unions bargaining agreement has not
during the training period and the Contractor referred to the Contractor a minority
must have made commitment to employ the person or woman sent by the
apprentices and trainees at the completion of Contractor, or when the Contractor has
their training, subject to the availability of other information that the union referral
employment opportunities. Trainees must be process has impeded the Contractor's
trained pursuant to training programs approved efforts to meet its obligations.
by the U.S. Department of Labor.
e. Develop on-the-job training
7. The Contractor shall take specific affirmative opportunities and/or participate in
actions to ensure equal employment training programs for the area, which
opportunity. The evaluation of the Contractor's expressly include minorities and
compliance with these specifications shall be women, including upgrading programs
based upon its effort to achieve maximum and apprenticeship and trainee
results from its actions. The Contractor shall programs relevant to the Contractor's
document these efforts fully, and shall employment needs, especially those
implement affirmative action steps at least as programs funded or approved by the
extensive as the follow sixteen (16)steps: Department of Labor. The Contractor
shall provide notice of these programs
a. Ensure and maintain a working to the sources compiled under 7b
environment free of harassment, above.
intimidation, and coercion at all sites,
and in all facilities at which the f. Disseminate the Contractor's EEO
Contractor's employees are assigned policy by providing notice of the policy
to work. The Contractor shall to unions and training programs and
specifically ensure that all foremen, requesting their cooperation in
superintendents, and other on-site assisting the Contractor in meeting its
supervisory personnel are aware of EEO obligations by including it in any
and carry out the Contractor's policy manual and collective bargaining
obligation to maintain such a working agreement; by publizing it in the
environment, with specific attention to company newspaper, annual report,
minority or female individuals working etc.; by specific review of the policy
at such sites or in such facilities. with all management personnel and
with all minority and female employees
b. Establish and maintain a current list of at least once a year; and by posting the
minority and female recruitment company EEO policy on bulletin boards
sources, provide written notification to accessible to all employees t each
minority and female recruitment location where constructi8n work is
sources and to community performed.
organizations when the Contractor or
its unions have employment 9- Review, at least annually, the
opportunities available, and maintain a company's EEO policy and affirmative
record of the organizations' responses. action obligations under these
specifications with all employees
C. Maintain a current file of the names, having any responsibility for hiring,
addresses and telephone numbers of assignment, layoff, termination or other
each minority and female off-the-street employment decisions including
applicant and minority or female
referral from a union, a recruitment
source or community organization and
of what action was taken with respect
6 of 8
Page 25 of 42
h. specific review of these items with Contractor's obligations under these
onsite supervisory personnel such as specifications are being carried out.
Superintendents, General Foremen,
etc., prior to the initiation of o. Ensure that all facilities and company
construction work at any job site. A activities are nonsegregated except
written record shall be made and that separate or single-user toilet and
maintained identifying the item and necessary changing facilities shall be
place of these meetings, persons provided to assure privacy between the
attending, subject matter discussed, sexes.
and disposition of the subject manner.
P. Document and maintain a record of all
i. Disseminate the Contractor's EEO solicitations of offers for subcontracts
policy externally by including it in any from minority and female construction
advertising in the news media, contractors and suppliers, including
specifically including minority and circulation of solicitations to minority
female news media, and providing and female contractor associations and
written notification to and discussing other business associations.
the contractor's EEO policy with other
Contractors and Subcontractors with q• Conduct a review, at least annually, of
whom the contractor does or all supervisors; adherence to and
anticipates doing business. performance under the Contractor's
EEO policies and affirmative action
Direct its recruitment efforts, both oral obligations.
and written, to minority, female and
community organizations, to schools 8• Contractors are encouraged to participate in
with minority and female students and voluntary associations, which assist in fulfilling
to minority and female recruitment and one or more of their affirmative action
training organizations serving the obligations (7a — P). The efforts of a contractor
Contractor's recruitment source, the association, joint contractor-union, contractor-
Contractor shall send written community or other similar group of which the
notification to organizations such as contractor is a member and participant may be
the above, describing the openings, asserted as fulfilling any one or more of its
screening procedures, and tests to be obligations provided that the contractor actively
used in the selection process. participates in the group, makes every effort to
assure that the group has a positive impact on
k. Encourage present minority and female the employment of minorities and women in the
employees to recruit other minority industry, ensures that the concrete benefits of
persons and women and, where the program are reflected in the Contractor's
reasonable, provide after school, minority and female workforce participation
summer and vacation employment to makes a good faith effort to meet its individual
minority and female youth both on the goals and timetables, and can provide access to
site and in other areas of a documentation which demonstrates the
Contractor's work force. effectiveness of actions taken on behalf of the
Contractor. The obligation to comply, however,
I. Validate all tests and other selection is the contractor's and failure of such a group to
requirements where there is an fulfill an obligation shall not be a defense for the
obligation to do so under 41 CFR Part Contractor's noncompliance.
60-3.
9. A single goal for minorities and a separate
M. Conduct, at least annually, an single goal for women have been established.
inventory and evaluation at least of all The Contractor, however, is required to provide
minor8ty and female personnel for equal employment opportunity and to take
promotional opportunities and affirmative action for all minority groups, both
encourage these employees to seek or male and female, and all women, both minority
to prepare for, through appropriate and non-minority. Consequently, the Contractor
training, etc., such opportunities. may be in violation of the executive Order if a
particular group is employed in a substantially
n. Ensure that seniority practices, job
classifications, work assignments and
other personnel practices, do not have
a discriminatory effect by continually
monitoring all personnel and
employment related activities to ensure
that the EEO policy and the
7of8
Page 26 of 42
i
disparate manner(for example,even though the shall at lease include for each employee the
Contractor has achieved its goals for women name, address, telephone numbers,
generally, the Contractor may be in violation of construction trade, union affiliation if any,
the Executive Order if a specific minority group employee identification number when assigned,
of women is underutilized). social security number, race, sex, status (e.g.,
mechanic, apprentice trainee, helper, or laborer)
10. The Contractor shall not use the goals and dates of changes in status, hours worked per
timetables or affirmative action standards to week in the indicated trade, rate of pay, and
discriminate against any person because of locations at which the work was performed.
race, color, religion, sex, or national origin. Records shall be maintained in an easily
understandable and retrievable form; however,
11. The Contractor shall not enter into any to the degree that existing records satisfy this
Subcontract with any person or firm debarred requirement, contractors shall not be required to
from Government contracts pursuant to maintain separate records.
Executive Order 11246.
15. Nothing herein provided shall be construed as a
12. The Contractor shall carry out such limitation upon the application of other laws
sanctions and penalties for violation of these which establish different standards of
specifications and of the Equal Opportunity compliance or upon the application of
Clause, including suspension, termination and requirements for the hiring of local or other area
cancellation of existing subcontracts as may be residents (e.g. those under the Public Works
imposed or ordered pursuant to Executive Order Employment Act of 1977 and the Community
11246, as amended, and its implementing Development Block Grant Program).
regulations, by the Office of Federal Contract
Compliance Programs. Any Contractor who fails a) The notice set forth in 41 CFR 60-4.2 and
to carry out such sanctions and penalties shall the specifications set forth in 41 CFR 60-4.3
be in violation of these specifications and replace the New Form for Federal Equal
Executive Order 11246, as amended. Employment Opportunity Bid conditions for
Federal and federally Assisted Construction
13. The Contractor, in fulfilling its obligations under published at 41 CFR 32482 and commonly
these specifications, shall implement specific known as the Model Federal EEO Bid
affirmative action steps, at least as extensive as Conditions, and the New Form shall not be
those standards prescribed in paragraph 7 of used after the regulations in 41 CFR Part
these specifications, so as to achieve maximum 60-4 become effective.
results from its efforts to ensure equal
employment opportunity. If the Contractor fails Minority Goals
to comply with the requirements of the
Executive Order, the implementing regulations, The goal for the utilization of women employees on o
or these specifications, the director shall federally-assisted construction contracts is set at 6.9/o.
proceed in accordance with 41 CRF 60-4.6.
The goal for utilization of minorities, based on the
14. The Contractor shall designate a responsible Standard metropolitan Statistical Area (SMSA)for
official to monitor all employment related activity Riverside/San Bernardino County is 19%.
to ensure that the company EEO policy is being
carried out, to submit reports relating to the For additional information on these goals, please contact
provisions hereof as may be required by the the OFCCP-Pacific Region at(415)848 6969.
Government and to keep records. Records
8 of 8
Page 27 of 42
CERTIFICATION OF COMPLIANCE
WITH AIR AND WATER ACTS
(Applicable to Federally assisted construction contracts
and related subcontracts exceeding $100,000.00)
During the performance of this Contract, the contractor and all subcontractors shall comply with the
requirements of the Clean Air act, as amended, 42 U.S.C. 1857 et seq., the Federal Water Pollution
Control Act, as amended, 33 U.S.C. 1251 et. seq., and the regulations of the Environmental
Protection Agency with respect thereto, at 40 CFR Part 15, as amended.
In addition to the forgoing requirements, all nonexempt contractors and subcontractors shall furnish to
the owner, the following:
(1) A stipulation by the Contractor or subcontractors, that any facility to be utilized in the
performance of any nonexempt Contract or subcontract, is not listed on the List of Violating
Facilities issued by the Environmental Protection Agency (EPA) pursuant to 40 CFR 15.20.
(2) Agreement by the contractor to comply with all requirements of Section 114 of the Clean Air Act,
as amended, (42 U.S.C. 1857c-8) and Section 308 of the Federal Water Pollution Control Act,
as amended, (33 U.S.C. 1318) relating to inspection, monitoring entry, reports and information,
as well as all other requirements specified in said Section 114 and Section 308, and all
regulations and guidelines issued thereunder.
(3) A stipulation that as a condition for the award of the Contract, prompt notice will be given of any
notification received from the Director, Office of Federal Activities, EPA, indicating that a facility
utilized, or to be utilized for the Contract, is under consideration to be listed on the EPA List of
Violating Facilities.
(4) Agreement by the Contractor to include, or cause to be included, the criteria and requirements
in paragraph (1) through (3) 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.
Page 28 of 42
ADDITIONAL REQUIRED
DOCUMENTS
AND
SAMPLE DOCUMENTS
Page 29 of 42
*Complete 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)
IF I
Payroll Officer (Signature)
(Contractor/Subcontractor)
by
(Signature)
(Title)
(Date)
(Contractor/Subcontractor License No.)
Page 30 of 42
i
I
i
f
a�
0
(D z �
O IL Z
} O
U �
Q.
o H a) E c
� W o c�
ca z co L o
E W V n n
ca V) - a
W
o 0 0 -
Q z Q c c
o a) a_
Q- J Z O Q -C o
M L) I
0- a�
O J �
a m
a
o
m L >
o
z Q
o
cu
a o
LL
z F, E
o � QU
Q Y
E E o
U
* � O
O Q) cp N Q)
W U Y
U \ Q \ (D ` Q
W c s co T
W CD a) _0 (D a Q) •_ «- O
Q U CD M 'U (0 '� M C 'U U O (�
O •O C O D O C N U
U U L O N N U O m O N ca U
O O Uti T-LL = a_ > Q 2 > Q O J
CL a
Y
N W
W
V zQaa
3 O j
LL
V N
ado
OwF
a �
cc
cr
- W
c
m o
0
z
r
U
Q O
K N N
� Z
z O
O F-
U °?U
O p
U O �
W N
O
G
U
_zX
F❑Q
S
Q
LL
N Z❑
C O W
V
CJ
z W Q
o a
I v �o
O U
LL O
C °
O zQ
U N
N
N
J
V
Q ❑ w O
_ W
Q a
�i Q Q Q
a D
cu
n
a o a
� ❑ w
N z ❑
Q Y
O > fL
� ° 3
m
C N
O a
U o_
o
I o y O N O N N O N O N O N O N O N O N O N O N O N
O
Y Q
�U
OLL
o �
w O
Y
3
a
0
a �
o -2o3x
w
0 O
co U
Q D K
Q a N ❑m
wo z�
ZZ o Q�w
Z
G p ¢ vi w
w O
^K
20?
F'_ ti w
x OF- z
w
WZU O O QNO
a
(6 a(L9u F- o J zp
z o
v Q W N
OU z a
Department of Labor Form Approved
Wage and Hour Division Budget Bureau No,44-R 1093
STATEMENT OF COMPLIANCE
Date
I, ,do hereby state:
(Name of signatory party) (Title)
(1) That I pay or supervise the payment of the persons employed by (Contractor or Subcontractor) on the
(Project) ,that during the payroll period commencing on the day of_
2 ,and ending on the day of ,2 all
persons employed on said project have been paid the full weekly wages earned; that no rebates have been or will be made either 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 Slat. 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
wn apprenticeship agency recognized by the Bureau of Apprenticeship and Training, United States Department of Labor, or if no such recognized
agency exists in a State,are registered with the Bureau of Apprenticeship and Training, United States Department of Labor.
(4) That:
(a) WHERE FRINGE BENEFITS ARE PAID TO APPROVED PLANS,FUNDS,OR PROGRAMS
❑ In addition to the basic hourly wage rates paid to each laborer or mechanic listed in the above referenced payroll
payments of fringe benefits as listed in the contract have been or will be made to appropriate programs for the benefit
of such employees,except as noted in Section 4(c)below.
(b) WHERE FRINGE BENEFITS ARE PAID IN CASH
❑ Each laborer or mechanic listed in the above referenced payroll has been paid as indicated on the payroll,an amount
not less than the sum of the applicable basic hourly wage rate plus the amount of the required fringe benefits as listed
in the contract,except as noted in Section 4(c)below.
(c) EXCEPTIONS
EXCEPTIONS CRAFT
Remarks
Name and Title Signature
The willful falsification of any of the above statements may subject the contractor or subcontractor to civil or criminal prosecution. See Section 1001 of Title 18
and Section 231 of Title 31 of the Unites States Code.
Form W H-348(1/68)Purchase this form directly from the Supt of Documents
Page 33 of 42
INSTRUCTIONS FOR PREPARATION OF
STATEMENT OF COMPLIANCE
This statement of compliance meets needs resulting from the amendment of the Davis-Bacon Act to
include fringe benefits provisions. Under this amended law, the contractor is required to pay fringe benefits
as predetermined by the Department of Labor, in addition to payment of minimum rates. The contractor's
obligation to pay fringe benefits may be met by payment of the fringes to the various plans, funds, or
programs, or by making these payments to the employees as cash in lieu of fringes.
The contractor should show on the face of his payroll all monies paid to the employees whether as basic
rates or as cash in lieu of fringes. The contractor shall represent in the statement of compliance that he is
paying to others fringes required by the contract and not paid as cash in lieu of fringes. Detailed
instructions follow:
Contractors who pay all required fringe benefits:
A contractor who pays fringe benefits to approved plans, funds, or programs in amounts not less than were
determined in the applicable wage decision of the Secretary of Labor shall continue to show on the face of
his payroll the basic cash hourly rate and overtime rate paid to his employees, just as he has always done.
Such a contractor shall check paragraph 4(a) of the statement to indicate that he is also paying to approved
plans, funds, or programs not less than the amount predetermined as fringe benefits for each craft. Any
exception shall be noted in Section 4(c).
Contractors who pay no fringe benefits:
A contractor who pays no fringe benefits shall pay to the employee and insert in the straight time hourly
rate column of his payroll an amount not less than the predetermined rate for each classification plus the
amount of fringe benefits determined for each classification in the applicable wage decision. Inasmuch as it
is not necessary to pay time and a half on cash paid in lieu of fringes, the overtime rate shall be not less
than the sum of the basic predetermined rate, plus the half-time premium on the basic or regular rate plus
the required cash in lieu of fringes at the straight time rate. To simplify computation of overtime, it is
suggested that the straight time basic rate and cash in lieu of fringes be separately stated in the hourly rate
column. In addition, the contractor shall check paragraph 4(b) of the statement to indicate that he is paying
fringe benefits in cash directly to his employees. Any exceptions shall be noted in Section 4(c).
Use of Section 4(c) Exceptions
Any contractor who is making payment to approved plans, funds, or programs in amounts less than the
wage determination requires is obliged to pay the deficiency directly to the employees as cash in lieu of
fringes. Any exceptions to Section 4(a) or 4(b), whichever the contractor may check, shall be entered in
Section 4(c). Enter in the Exception column the craft, and enter in the Explanation column the hourly
amount paid the employees as cash in lieu of fringes, and the hourly amount paid to plans, funds, or
programs as fringes.
Page 34 of 42
SAMPLE - AFFIRMATIVE ACTION PLAN 1 -
INSTRUCTIONS FOR COMPLETING CONTRACT COMPLIANCE
QUALIFYING REPORT
I. JOB CATEGORY Laborers(Unskilled): Occupations in which a worker performs
Data is to be completed for all listed job categories of a variety of manual work in the maintenance, repair or
employees. construction of highways,buildings,and other facilities;unskilled
Definitions: worker who brings materials to, and does preparation work for,
skilled workers in a trade.
Administrators: Occupations which require that employees set
broad policies, exercise overall responsibility for execution of Service Workers: Occupations in which workers perform duties
these policies, direct individual departments or a special phase which result in or contribute to the comfort, convenience,
of the contractor's operations, or provide specialized upkeep and care of buildings, facilities or grounds of public
consultation on a regional,district or area basis. property. Workers in this category may operate machinery.
Includes: directors, deputy directors, department heads Includes: chauffeurs, laundry and dry cleaning operators, truck
controllers, foremen supervisors, inspectors, and kindred drivers, bus drivers, garage laborers, custodial persons,
workers. gardeners and groundskeepers, refuse collectors, construction
laborers.
Professional: Occupations which require specialized and
theoretical knowledge which is usually acquired through college II. CURRENT WORK FORCE
training or through work experience and other training which This category is to establish the contractor's current employee
provides comparable knowledge. status.
Includes: personnel and labor relations workers, social workers,
doctors psychologists, registered nurses, economists, dietitians, A. Total number of employees: The contractor is to fill out the
lawyers, system analysis, accountants, engineers, employment total number of persons currently employed in each job
and vocational rehabilitation counselors, teachers or instructors, category.
and kindred workers.
B. Black: The contractor is to place the current number of
Technical: Occupations which require a combination of basic Black employees in each box in this column for each job
scientific or technical knowledge and manual skill which can be category.
obtained through specialized post-secondary school education
or through equivalent on-the-job training. C. Hispanic: The contractor is to place the current number of
employees of Hispanic origin in each box in this column for
Includes: computer programmers and operators, draftsmen, each job category.
surveyors, licensed practical nurses, photographers, radio
operators,technical illustrators,highway technicians,technicians D. Asian or Pacific Islanders: The contractor is to place
(medical, dental, electronic, physical sciences), assessors, current number of employees of Asian or Pacific Island
inspectors,and kindred workers. origin in each box in this column for each job category.
Sales: Occupations in which the act of selling takes place: E. American Indian or Alaskan Native: The contractor is to
exchange of property of any kind, or of services for an agreed place the current number of American Indian or Alaskan
sum of money or other valuable consideration. One employed Native employees in each box in this column for each job
as a traveling agent or representative to sell goods or services. category.
Office and Clerical: Occupations in which workers are F. Total Minority: The number to be placed in each box in the
responsible for internal and external communication, recording column can be reached by adding the current number of
and retrieval of data and/or information and other paperwork Black, Hispanic, Asian, Pacific Islander, American Indian,
required in an office. and Alaskan Native employees written in the four previous
Includes: bookkeepers, secretaries, office machine operators,
columns.
clerk typists, stenographers, statistical clerks, dispatchers, G. Total Females: In each box in this column the contractor
payroll clerks, messengers,and kindred workers. shall place the total number of white and minority females
Skilled: Occupations in which workers perform jobs which employed in each job category.
require special manual skill, a thorough and comprehensive !II. !IINDERUTILIZATION
knowledge of the processes involved in the work which is To establish whether under-utilization exists, a contractor must
acquired through on-the-job training, experience, through determine whether the "total minority" percentages and "total
apprenticeship or other formal training programs. female percentages' in each job classification are lower than
Includes: mechanics and repairmen, electricians, heavy would reasonably be expected by their availability.
equipment operators, stationary engineers, skilled machinist After making this comparison, the contractor should place a
occupations, carpenters, and compositors and typesetters, and check mark in the box that applies ('yes" or "no") for each
kindred workers. category.
Operative (Semiskilled): Occupations in which workers are IV. ANTICIPATED HIRING
partly skilled, or doing manual work that requires only limited The contractor should state the number of employees the
training,experience or knowledge. contractor plans to hire both as additional employees and
replacements for each job category.
Page 35 of 42
w�wwmaan��i t
O U f
d LL
/)
0 W W Z N
W -
X Q Q W F
L2-
N y V �- .«mC Q a-
< I
O Q LL I
U
26 N y •� V '00 O F- (� O lL
°' td 10 c o°n `° Q Z p
a x o ° c y m O "C' -° Q c 2 F-
EWw
m y N F
U
O y � R¢ X a• 'G W O W v J Z o 1 . N 0 0 U
� � °^ Q N U O Q
d > 0n 50 k U- W
� U o a J� o o W }
W R m o . G o v 0 ro 3
0 0 0 o f °' . F b y b W
z t m o 3 y p Q of
_ Z_ <n
G -° Q m ° c" F o a °' v c a _ }
k
C,
o N w o s o 0
d ° ti '> > d .o o . 00 W
co. o � F o w 4) o ,u 00 N 2 P c a 0(-U O
O U Z
z o w o 0o y N > C F 0 3
° °' u `° F o N '° G g
c
0. .. 0..0 O " N T r3. N �m.. 2 �O d .C 0.
-� o c °o F o t0
� .�. 3 � N G o c,-,: m vi
F O C N T .- m -0 O �. O m m
o U 50 m P ° ° v ° O°4 C N yN R
m E ° ° R t0 � a, a._ 5'0X 3 a�
N y ^ 5 m o E-. m 0 cd y c
U E w o M u
Q A .� o t v ou m F y 3 m m Q Na m
° U o a b 0 R- o b b < -
p N F . c0 cc o p a •c v " o T
U o a 0 Q � U E U vii U N 0 U U ° (� LL
ryi U)
c
W m°
J W = M
I }O a�
J u
`9
m a
Q j T T W
0
a_ 0 }
C8
Z L 3 3 zF�
Q ° a d x 0 O a `a Z
J _Z
Q O O
O Q C u C
F N W N m m
bo
U
F
Q
W
\ N_
F E
u
U
O d O m
C ry m
N ° U
LL _R E ro 0
LL
Q > a U
w 3 o Q' W w
O w ° a. 0 W u
W " ¢ E W }
J d U Q
° aoi c d
cls
0 4o
Q m as a m r° �'T O W
F F
Q o 0 � CO O T T
CL R y y O O O Z Q Fa-
N R ~ N
M m > E W O
N
N O F n7 N y y
E R E E E T ^
E a) p 3
U ° ° o v o U
Q N I C : Q .c o o Q a Z ? `
y Q O O W •'!' m 0. c O O O Y Y J
Eo aj O O N b O O T T. F- O
vi 16 oo U Q c .c U •� w y v F-
U a
O 'a a � Y a�
U Z
Q a F- v) U to O s 2 <n
SAMPLE - AFFIRMATIVE ACTION PLAN PART 2 -
AFFIRMATIVE ACTION POLICY
FOR CONTRACTORS, SUBCONTRACTORS AND VENDORS
Name of Contractor, Subcontractor or Vendor
Adopts this plan to affirm its support of a program of equal employment opportunity, and to assure
compliance with Executive Orders 11246 and 11375, Title VII of the Civil Rights Act of 1964, Section 503
of the Rehabilitation Act of 1973; the California Fair Employment Practice Act, and the implementing
entity's Affirmative Action Compliance Program. This contractor (or Subcontractor or Vendor) agrees to
assert leadership within the community and to put forth good faith efforts to achieve full employment and
utilization of the capabilities and the productivity of all our citizens without regard to race, age, color, sex,
religion, ancestry, national origin, marital status, or handicap.
This contractor (or Subcontractor or Vendor) further recognizes that the effective application of a policy of
equal employment opportunity involves more than just a policy statement and will, therefore, undertake
affirmative action to make known that equal opportunities are available on the basis of individual merit,
and to encourage advancement on this basis.
The following Affirmative Action Program is hereby established as the policy and practices of our
company:
INSTRUCTIONS: Please answer each question by marking an "X" beside "A", "B", or "C". If
"C" is marked, explain reason; use a separate sheet if additional space is
needed.
1. Our company shall recruit and hire all employees without regard to race, age, color, sex, religion,
ancestry, national origin, marital status or handicap, and will treat all employees equally in respect to
compensation and opportunities for advancement, including upgrading and promotion.
❑ A. This is now a practice of our Company.
❑ B. Our Company will adopt this policy.
❑ C. Our Company cannot or will not adopt this policy.
Explain "C"
2. Our company will actively use recruitment sources such as employment agencies, unions, and schools
that have a policy of referring applicants on a nondiscriminatory basis.
❑ A. This is now a practice of our Company.
❑ B. Our Company will adopt this policy.
❑ C. Our Company cannot or will not adopt this policy.
Explain "C"
3. Our company will disseminate its affirmative action policy externally by informing and discussing it with
all recruitment sources, by advertising in news media, specifically including minority news media, and
by notifying and discussing policy with all local minority, handicapped and women's organizations and
subcontractors and shall maintain records of the organizations responses.
❑ A. This is now a practice of our Company.
❑ B. Our Company will adopt this policy.
❑ C. Our Company cannot or will not adopt this policy.
Explain "C"
Page 37 of 42
` SAMPLE - AFFIRMATIVE ACTION PLAN PART 2 -
AFFIRMATIVE ACTION POLICY
FOR CONTRACTORS, SUBCONTRACTORS AND VENDORS (Continued)
Our company shall make specific and constant personal. written, and oral recruitment efforts directed at
all local minority, handicapped and ,,Alomen's organizaticns, including schools, recruitment and training
organizations.
❑ A. This is now a practice of our Company.
❑ B. Our Company will adopt this policy.
❑ C. Our Company cannot or will not adopt this policy.
Explain "C"
5. Our company shall make specific efforts to encourage present minority, handicapped and women
employees to recruit their friends and relatives who status also comes under that of minority,
handicapped or women.
❑ A. This is now a practice of our Company.
❑ B. Our Company will adopt this policy.
❑ C. Our Company cannot or will not adopt this policy.
Explain "C"
6. Our company will maintain a file of the names and addresses of each minority applicant and female
applicant referred to the company for hiring, and if the applicant is not considered for employment or
was not employed, the company's file should document this and the reason therefore.
❑ A. This is now a practice of our Company.
❑ B. Our Company will adopt this policy.
❑ C. Our Company cannot or will not adopt this policy.
Explain "C"
7. Our company shall notify the implementing entity Contract Compliance Officer when the union or
unions with whom our company has a collective bargaining agreement have not referred to the
company a minority, handicapped, or female worker sent for by the company or the company has
other information that the union referral process has impeded the company's effort to meet the
established goals of affirmative action.
❑ A. This is now a practice of our Company.
❑ B. Our Company will adopt this policy.
❑ C. Our Company cannot or will not adopt this policy.
Explain "C"
8. Our company will actively take steps to integrate any positions, departments or plant location which
have no women or minorities or are almost staffed with one particular group.
❑ A. This is now a practice of our Company.
❑ B. Our Company will adopt this policy.
❑ C. Our Company cannot or will not adopt this policy.
Explain "C"
9. Our company shall insure that all employee specifications, selection requirements, tests, and other
employee recruitment or evaluation procedures do not discriminate against minorities, handicapped, or
women.
❑ A. This is now a practice of our Company.
❑ B. Our Company will adopt this policy.
❑ C. Our Company cannot or will not adopt this policy.
Explain "C"
Page 38 of 42
SAMPLE - AFFIRMATIVE ACTION PLAN PART 2 -
AFFIRMATIVE ACTION POLICY
FOR CONTRACTORS, SUBCONTRACTORS AND VENDORS (Continued)
10. Where reasonable, our company shall develop or finance on-the-job training opportunities and
parti ;ipate and assist in any association or employee group training programs relevant to the
company's employee needs
❑ A. This is now a practice of our Company.
❑ B. Our Company will adopt this policy.
❑ C. Our Company cannot or will not adopt this policy.
Explain "C"
11. Our company shall continually inventory and evaluate all minority, handicapped, and female personnel
for promotion opportunities and encourage minority and female employees to see such opportunities.
❑ A. This is now a practice of our Company.
❑ B. Our Company will adopt this policy.
❑ C. Our Company cannot or will not adopt this policy.
Explain "C"
12. Our company shall make sure that seniority practices, job classifications, rates of pay, and other forms
of compensation and other employee practices and classifications do not have an unlawfully
discriminatory effect on handicapped, minority or female employees
❑ A. This is now a practice of our Company.
❑ B. Our Company will adopt this policy.
❑ C. Our Company cannot or will not adopt this policy.
Explain "C"
13. Our company will make certain that all facilities normally used concurrently by all company activities
are non-segregated.
❑ A. This is now a practice of our Company.
❑ B. Our Company will adopt this policy.
❑ C. Our Company cannot or will not adopt this policy.
Explain "C"
14. Our company shall make certain that all subcontractors are in compliance with the Affirmative Action
Compliance Plan of the implementing entity, and that all project subcontractors have an approved
Affirmative Action Plan.
❑ A. This is now a practice of our Company.
❑ B. Our Company will adopt this policy.
❑ C. Our Company cannot or will not adopt this policy.
Expialn "C"
15. Our Company shall solicit bids for subcontracts from minority subcontractors and female
subcontractors subject to availability.
❑ A. This is now a practice of our Company.
❑ B. Our Company will adopt this policy.
❑ C. Our Company cannot or will not adopt this policy.
Explain "C"
Page 39 of 42
• SAMPLE - 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.
❑ A. This is now a practice of our Company.
❑ B. Our Company will adopt this policy.
❑ C. Our Company cannot or will not adopt this policy.
Explain "C"
17. Our company shall continually monitor all personnel activities to insure that the implementing entity's
Affirmative Action Policy for Contractors and Vendors is carried out.
❑ A. This is now a practice of our Company.
❑ B. Our Company will adopt this policy.
❑ C. Our Company cannot or will not adopt this policy.
Explain "C"
Date Signature
r
✓.
Title
odftk
Page 40 of 42
Record of U.S. Department of Housing OMB Approval No.2501-0009
and Urban Development (exp. 1/31/2000)
Employee Interview Office of Labor Relations
Public reporting burden for this collection of information is estimated to average 15 minutes per response,including the time for reviewing instructions,searching
— xisting data sources,gathering and maintaining the data needed,and completing and review the collection of information. This agency may not collect this information,
i you are not required to complete this form,unless it displays a currently valid OMB control number.
,pie information is collected to ensure compliance with the Davis-Bacon Act by recording interviews with construction workers. The information collected will assist HUD
in the conduct of labor standards investigations in case there were falsifying of payroll records in underpayment of wages. The information collection is voluntary.
Sensitive Information. The information collected on this form is considered sensitive and is protected by the Privacy Act. The Privacy Act requires that these records
be maintained with appropriate administrative,technical,and physical safeguards to ensure their security and confidentiality. In addition,these records should be
protected against any anticipated threats or hazards to their security or integrity which could result in substantial harm,embarrassment,inconvenience,or unfairness to
any individual on whom the information is maintained.
Project Number Contractor or Subcontractor(Employer)
Project Name
1. Name of Employee 2. Home Address and Zip Code
3a. Last date you worked on project before today 3b.Number of hours worked on project on that date 4. Your hourly pay rate
5. Your job classification(s)(list all)(continue any answers on a separate sheet if necessary) Apprentice? Yes No
I
6. Your duties
7. Tools or equipment used
8. Paid at lease time and one-half for all hours worked in excess of 40 in a week? Inapplicable Yes No
(if overtime premium pay is not required,check"inapplicable")
9. Ever threatened,intimidated,or coerced into giving up any part of pay? Yes No
10. Duties observed by Interviewer Conform to Classification? Yes No
11. Remarks(Continue on a separate sheet if needed)
12. Signature of Interviewer Date of interview
Payroll Examination
13. Remarks(Continue on a separate sheet if needed)
14. Signature of Payroll Examiner Date
Previous editions are obsolete
form HUD-11(5/93
Page 41 of 42
s
CERTIFICATE OF OWNER'S ATTORNEY
We, the undersigned, the duly authorized and
acting legal representative o4 do hereby certify as
follows:
I have examined the attached Contract(s) and surety bonds and the manner of
execution thereof, and I am of the opinion that each of the aforesaid agreements has
been duly executed by the proper parties thereto acting through their duly authorized
representatives; that said representatives have full power and authority to execute said
agreements on behalf of the respective parties named thereon; and that the foregoing
agreements constitute valid and legally binding obligations upon the parties executing
the same in accordance with terms, conditions and provisions thereof.
E s
Signed
i
Date
F
Paqe 42 of 42
•
•_ Exhibit 4 of 5
COUNTY OF SAN BERNARDINO
DEPARTMENT OF COMMUNITY DEVELOPMENT AND HOUSING
Project/Activity Title:Muscoy: Security Cameras and Case#: 215-32103/3038
Door at Delmann Heights Community Center P.O. Contract#:
Vendor ID:
Subrecipient Name and Address: Project Effective:
City of San Bernardino
P.O. Box 1318 Month of: Invoice#:
San Bernardino, CA 92418
From: To:
MONTHLY REPORT OF GRANT EXPENDITURES
AND REQUEST FOR REIMBURSEMENT
Col. I Col. 2 Col.3 Col. 4 Col. 5 Col. 6
Proj/Case Grant Amount Current Mo. Cumulative Total Grant
Acct. No. Reimb. Prior Reimb Cum. Reimb. Balance
I CERTIFY THAT, (a) the County of San Bernardino, as grantee of the CDBG, has not previously been billed for the
costs covered by this invoice, (b) funds have not been received from the Federal Government or expended for such
costs under the terms of the contract agreement or grant pursuant to FMC-74-4 & 24 CFR Part 58; (c) all applicable
provisions under the terms of the contract or grant relating to the payment of prevailing salaries and wages have been
complied with; and (d) all applicable tax laws are complied with.
Prepared By: Approved By: Date:
PH.#
Audited by: Examined by: Approved by:
f Paoe 1 nf 1
•
EXHIBIT 5 of 5
COUNTY OF SAN BERNARDINO DEPARTMENT OF COMMUNITY DEVELOPMENT AND HOUSING
Proiect/Activity Title: Muscoy: Security Cameras and Door at Delmann Case Number: 215-32103/3038
Heights Community Center
Name/Address of Contractor Agency: Date of Issue:
Boys and Girls Club of San Bernardino
1180 West 9`1'Street X Original: Beginning
San Bernardino,CA 92411 Amendment#
INSURANCE INVENTORY
WORKERS' COMPENSATION/EMPLOYERS' LIABILITY INSURANCE
Name of Insurance Company:
Effective Dates:
Employer's Liability Limit$
Certificate of Insurance Attached Yes No: On File w/CDH
COMPREHENSIVE GENERAL AND AUTOMOBILE LIABILITY INSURANCE
Name of Contractor's General Insurance Company:
Limits of Liability Effective Dates:
Per Occurrence $ Additional Insured Endorsement Attached Yes No: On File w/CDH
Annual Aggregate $ Certificate of Insurance Attached Yes No: On File w/CDH
Name of Contractor's Automobile Liability Insurance Company:
Limits of Liability Effective Dates:
Per Person$ Per Accident$ Damage Liability $ Combined Single Limit$
ERRORS AND OMISSIONS LIABILITY INSURANCE
Name of Contractor's Insurance Company:
Limits of Liability Effective Dates:
Per Occurrence $ Additional Insured Endorsement Attached Yes No: On File w/CDH
Annual Aggregate S Certificate of Insurance Attached Yes No: On File w/CDH
PROFESSIONAL LIABILITY INSURANCE
Name of Contractor's Insurance Company:
Limits of Liability Effective Dates:
Per Occurrence$ Additional Insured Endorsement Attached Yes No: On File w/CDH
Annual Aggregate$ Certificate of Insurance Attached Yes No: On File w/CDH
Paae 1 of 1
h
�e
5p _
N 2
INTER OFFICE MEMORANDUM
OFFICE OF THE CITY ATTORNEY
CITY OF SAN BERNARDINO
TO: Councilmember Rikki Van Johnson
FROM: Henry Empeiio,Jr., Senior Deputy City Attorney
Re: July 16, 2007 Council Meeting
(1) Agenda Item No. 14, Resolution authorizing the City Manager to execute
a contract with the County of San Bernardino and the Boys and Girls Club
of San Bernardino to provide security improvements at the Boys and Girls
Club/Delman Heights using County CDGB Funds (Facilities Management)
(2) Agenda Item No. 17, Resolution authorizing the City Manager to execute
Amendment No. 3 to the Agreement between the City of San Bernardino and
the Boys and Girls Club of San Bernardino, Inc., to operate a Community
Center located at 2969 North Flores Street, San Bernardino, California and
ratifying all action taken between July 1, 2007 and the approval of the
Resolution (Parks, Recreation and Community Services).
Date: July 12, 2007
cc: Mayor, Councilmembers, City Attorney, City Clerk, City Manager
You have asked whether you must abstain on the above-referenced two Agenda Items
because you are currently a member of the Board of Directors of the Boys and Girls Club. 'i'he
short answer is that although you are not required to abstain by the Political Reform Act in these
two matters, unless the Boys and Girls Club is also a source of income or a source of gifts to you
above the threshold amounts provided in state law; you are required to abstain on both
Agenda Items under Government Code Section 1090.
F TMPENO\Misc Memos&L.etters\Memo re Councilmember Rikki Van Johnsonlwpd
f��e Ire
Page 2
Memo to Councilmember Rikki Van Johnson
July 12, 2007
1. Political Reform Act.
Under the Political Reform Act, Government Code Section 81000 et seq. (the"Act"),
public officials are disqualified from participating in government decisions in which they have a
financial interest. To determine whether a conflict of interest exists under the Act, the Fair
Political Practices Commission(FPPC) applies an eight-step process. Under Step 1 and Step 2,
as a Councilmember, you are a public official making a governmental decision which is governed
by the Act (Government Code Section 82048 and Title 2 Cal. Code Regs. Section 18702.1(a)).
Step 3 asks whether you have one of the following six qualifying types of economic
interests with respect to the Boys and Girls Club. (Government Code Section 87103):
1. Investments in Business Entities
2. Interests in Real Property
3. Source of Income (received by or promised to you and totals $500 or more in the
12 months prior to this Council meeting).
4. Source of Gifts (aggregating $390 or more in the 12 months prior to this Council
meeting)
5. Business positions (officer, director, or employee)
6. Personal Finance Effect
In the case of each category (except No. 5)the Act specifies the minimum amount of
holdings, income or gifts which must exist before a qualifying interest is created. If you do not
hold such interests or receive such income or gifts above the stated threshold, then there is no
qualifying interest that exists which requires disqualification under the Act.
Under Category No. 5, Business Positions, a"Business Entity" is defined in the Act and
essentially means an entity or organization that is operated for profit (Government Code Section
82005). Because a business entity does not include a non-profit organization, such as the Boys
and Girls Club, your position as a member of their Board of Directors, standing alone, does not
create a conflict of interest regarding either of these Agenda Items.
On July 10, 2007, 1 spoke to Linda Cassady, Consultant in the FPPC's Technical
Assistance Division (916-322-5660), who verbally confirmed the above analysis and conclusions
regarding whether you have a conflict of interest in these two matters under the Political Reform
Act, given that you are a member of the Board of Directors of the Boys and Girls Club.
FAEMPENO Misc Memos&LettersNemo re Councilmember Rikki Van Johnson2.wpd
Page 3
Memo to Councilmember Rikki Van Johnson
July 12, 2007
2. Government Code Section 1090.
A second issue separate and distinct from the Political Reform Act is whether your
participation in the Council's decision on these two matters would constitute a violation of
Government Code Section 1090, which basically prohibits a public official from being financially
interested in a contract in both of your public and private capacities. Both of these Agenda Items
request Mayor and Council approval of a contract or the amendment to a contract between the
City and the Boys and Girls Club.
Government Code Section 1090 states that"city officers or employees shall not be
financially interested in any contract made by them in their official capacity, or by any body or
board of which they are members."
You have a financial interest in both of these contracts, by virtue of your position as a
member of the Board of Directors of the Boys and Girls Club. But Government Code Section
1091(b)(1) states that an officer or employee of a non-profit corporation has only a remote
interest in the contracts, purchases, and sales of that non-profit corporation. This means that the
Mayor and Council may nevertheless take action on both of these contracts with the Boys and
Girls Club so long as you avoid all participation in the making of the contracts and you disclose
your interest and it is noted in the Council meeting's official records. (85 Ops.Cal.Atty.Gen. 176
(2002))
These two pending Agenda Items are different from the June 4, 2007 Council Meeting
Agenda Item No. 19, Resolution Authorizing the Execution of an Agreement for Services with
and Issuance of a Purchase Order to LeMay Construction Co. for the Boys and Girls Club
Racquetball Court Renovations per RFQ F-07-28, for which we provided to you a memo
concluding that you were not required to abstain by the Political Reform Act or Government
Code Section 1090. The June 4, 2007 Agenda Item requested approval of a contract between the
City and LeMay Construction Co. The Boys and Girls Club was not a party to that contract and
that contract had no affect on any existing contract between the City and the Boys and Girls Club.
Thus, you had no financial interest under Government Code Section 1090 in the June 4, 2007
Agenda Item.
On the other hand, these two pending Agenda Items both request Council approval of a
contract, or an amendment to a contract, with the Boys and Girls Club. Thus, you have a remote
financial interest under Government Code Section 1090, in both of these contracts. This factual
difference, that the Boys and Girls Club is a party to these two contracts, distinguishes these two
pending Agenda Items from that considered on June 4, 2007.
F:TMPENO\Misc Memos&Letters\Memo re Councilmember Rikki Van Johnson2.wpd
j
7 I
Page 4
Memo to Councilmember Rikki Van Johnson
July 12; 2007
A copy of Government Code Sections 1090 and 1091 is attached for your information.
In conclusion, although you are not required to abstain on these two Agenda Items under
the Political Reform Act, you are required to abstain on both of these Agenda Items under
Government Code Section 1090.
Please let me know if we can provide any further assistance in this matter.
Henry Empeno, Jr.
Senior Deputy City Attorney
Attachment
F:\EMPENO\IvMisc Memos&L etters\Memo re Councilmember RiW Van Johnson2.wpd
1�
§ 1064 PUBLIC OFFICERS AND EMPLOYEES
Title 1
In i'ie case of illness or other urgent necessity, and upon a proper showing I
thereof, the time limited for absence from the state may be extended by the 1
governing board of the school district for an additional period not to exceed 30
days.
(Added by Stats.1957, c. 2120, p. 3757, § 1, eff. July 10, 1957. Amended by Stats.1984,
c. 644, § 1.)
Cross References
Vacancies on school district governing boards, see Education Code § 5090 et seq.
,t
Library References
>; 4
Schools 0=55. C.J.S. Schools and School Districts § 119 et
r
WESTLAW Topic No. 345. seq. r
`I
i
Article 4
PROHIBITIONS APPLICABLE TO SPECIFIED OFFICERS
Section
' 1090. Conflicts of interest contracts, sales and purchases.
1090.1. Acceptance of commissions for placement of insurance. I
1091. Remote interest of officer or member.
1091.1. Interest in contracts; subdivided lands.
1091.2. Private industry council contracts or grants.
1091.5. Ownership of corporate shares; reimbursement for expenses; recipient of
public services; landlord or tenant contracting with federal or state agen-
cies; employment of spouse; officer, director, or employee of bank or
savings and loan association.
1092. Avoidance of contracts.
1092.5. Lease, purchase or encumbrance of real property; avoidance.
1093. Warrants and other evidences of indebtedness, private use or benefit.
1094. Accounts; certificate as prerequisite to allowance.
1095. Warrants and other evidences of indebtedness; restrictions on payment.
1096. Accounts; suspension of settlement or payment; prosecutions.
1097. Penalty for violations.
1098. Confidential information; use or disclosure for pecuniary gain; misdemeanor;
application.
Library References
West's California Practice—Defenses in Civil
# Actions, chwing, § 37.17.
1' svt rhM Lode,
§ 1090. Conflicts of interest contracts, sales and purchases
Members of the Legislature, state, county, district, judicial district, and city
officers or employees shall not be financially interested in any contract made by
them in their official capacity, or by any body or board of which they are
members. Nor shall state, county, district, judicial district, and city officers or
employees be purchasers at any sale or vendors at any purchase made by them
r ' in their official capacity.
196
f
3S GENERAL PROXTSIUNS
1 § 1090
Div. 4
'g As used in this article, "district" means any agency of the state formed
1e pursuant to general law or special act, for the local performance of governmen- '„
'0 tal or proprietary functions within limited boundaries.
(Stats.1943, c. 134, p. 956, § 1090. Amended by Stats.1951, c. 1553, p. 3535, § 2;
4, Stats.1953, c. 1081, p. 2572, § 1; Stats.1961, c. 381, p. 1435, § 1; Stats.1963, c. 2172,
p. 4559, § 1; Stats.1970, c. 447, p. 895, § l.)
i T,
s Historical and Statutory Notes
The 1951 amendment substituted "judicial The 1963 amendment twice inserted "or em-
district" for "township". ployees" following "city officers" and inserted
Operative date and effect of Stats.1951, c. "financially" preceding "interested''.
t 1553, see Historical and Statutory Notes under
i Government Code § 1063. The 1970 amendment substituted "district"
for "special district"and added the definition of
The 1953 amendment added the second sen-
tence of the first paragraph relating to purchas- "district."
ers or vendors. Derivation: Pol.C. § 920, amended by Stats.
The 1961 amendment twice inserted "special 1921, c. 489, p. 743, § 1.
district,"
Cross References
i Community college board members, see Education Code § 72533. 4
Execution sales, levying officer ineligible to purchase, see Code of Civil Procedure § 701.610.
iImpairment of contracts by legislation prohibited, see Const. Art. 1, § 9.
Penalty for violations, see Government Code § 1097.
t Public official as officer, employee or stockholder of depositary of public funds, see Financial Code
§ 860.
Public utility district officers, see Public Utilities Code § 16043.
San Francisco Bay Area Rapid Transit District officers, see Public Utilities Code § 28816.
School board members, see Education Code § 35233.
State Board of Equalization, see Government Code § 15625.
Superintendent of state printing, see Penal Code §§ 99, 100. l'
Traveling expenses, contracts, see Government Code § 1223.
Unlawful contracts, see Civil Code § 1667 et seq.
Law Review Commentaries
Background and general effect of 1961 Interest of public officers in contracts prohib-
amendment. (1961) 36 S. Bar J. 749, ited by law. Harold W. Kennedy and John B.
i Bond Act financing, Los Angeles sports arena. Beck, 28 S.Cal.L.Rev. 335 (1955).
J. W. Beebe, D. R. Hodgman and F. P. Suther-
land, 41 S.Ca1.L.Rev. 52 (1967). Making sense out of the California criminal
California conflict of interest laws. Dan statute of limitations. Gerald F. Uelmen, 15
Kaufmann and Alan 1. Widiss, 36 S.Cal.L.Rev. Pac.L.J. 35 (1983). y;
I 186 (1963). School board members, fiduciary loyalty, see
Conflict of interest in public contracts. 44 5 Stan.L.Rev. 61 (Dec. 1952).
It Cal.L.Rev. 355 (1956).
,I
Library References
Counties «122(2).
Conflict of interest issue. Report of Assembly
Y Mu ntci al Corporations ons c>231(1)States «95, Office of Research
1l.
and Assembly Commit-
i WESTLAW Topic Nos. 104, 268, 360. tee on Governmental Organization, 1970.
C.J.S. Counties §§ 153, 155. Vol. I of Appendix to Journal of the Assem- -'
C.J.S. Municipal Corporations § 988 et seq. blY. Reg.Sess., 1970.
i C.J.S. States § 156. Conflict of interest problem in placement of
Conflict of interest. Reports of Assembly In-
insurance by the state. Reports of Assem-
j terim Committee on Government Organiza- bly Interim Committee on Finance and In-
t( tion, 1961 to 1963, Vol. 12, No. 6 Vol. I of surance, 1955 to 1957, Vol. 15, Nos. 14, 18.
Appendix to Journal of the Assembly, Reg. Vol. 3 of Appendix to Journal of the Assem-
Sess., 1963. bly, Reg.Sess., 1957.
i 197
G
.rye
I
ICI
§ 5 GOVERNMENT CODE
Note to 55 5 GOVERNP
(App.2 Dist. . St 99 es G= tr.2d 897,83 Ca1.App.4th 655, !
review denied. Statutes«219(9.1) /''�' Y association v
l�'1/�Y Y1>r�1 creditor.
§ 109L Remote interest of officer or member (11) That
firm. This I
(a) An officer shall not be deemed to be interested in a contract entered into by a body or board of 1 management
which the officer is a member within the meaning of this article if the officer has only a remote interest in (12) That
the contract and if the fact of that interest is disclosed to the body or board of which the officer is a contract ent
member and noted in its official records, and thereafter the body or board authorizes, approves, or 1437f)as am
ratifies the contract in good faith by a vote of its membership sufficient for the purpose without counting 1090 became
the vote or votes of the officer or member with the remote interest.
in a jurisdic
(b) As used in this article,"remote interest"means any of the following: previously in
(1) That of an officer or employee of a nonprofit entity exempt from taxation pursuant to Section or after Nov
501(c)(3) of the Internal Revenue Code (26 U.S.C. Sec. 501(c)(3)) or a non rout corporat on, ex ept as (13) That
provided in paragraph(8)of subdivision(a)of Section 1091.5. entity.
(14) That
(2) That of an employee or agent of the contracting party,if the contracting party has 10 or more other 1
employees and if the officer was an employee or agent of that contracting party for at least three years corporation,
prior to the officer initially accepting his or her office and the officer owns less than 3 percent of the corporation.
shares of stock of the contracting party; and the employee or agent is not an officer or director of the (c) This s
contracting party and did not directly participate in formulating the bid of the contracting party, influence an.
For purposes of this paragraph, time of employment with the contracting party by the officer shall be (d) The w
counted in computing the three-year period specified in this paragraph even though the contracting party this section
has been converted from one form of business organization to a different form rm of
business ss or
wi a '
thin three organization
e ears of the g the contract
Y initial talnng of office by the officer. Time of employment in that case shall be � contract was
counted only if, after the transfer or change in organization, the real or ultimate ownership of the f
contracting party is the same or substantial] similar to that (Stats.1943
Y at which existed >
xisted
before the transfer
in organization. ansfer or chin
g tion. For e
purposes g
. p p of this paragraph,h stockholders, � 2572 2•
P gr ckholder , §
s ,
P bondholders,ders artner
s or
holding an interest m the contracting party are regarded as haulm ' P other persons � § 1; Stats.i
the `
the contracting g real or ultimate ownership" of
g P Stats.1969,c
3 T 1 tats.]
O That of § S
an employee or agent of the contracting ontra
cttng party,if all of the following conditions are met: § 1; Stats.l
(A) The agency
of
g y which the person is an officer is a local � Stats.1990,c
population of less than public agency located in a count with a
„ 4000 000. county Stats.1991 <
B
I
The c eff. Sept. 22
( ) contract is competitively P
el
bi
p bid of for personal services. (S.B.1086), §
(C) The employee or agent is not in a primary management capacity with the contracting party,is not
an officer or director of the contracting party,and holds no ownership interest in the contracting party.
(D) The contracting party has 10 or more of
her employees. 1996 Legisi
(E) The employee or agent did not directly participate in formulating the bid of the contracting party. The 1996
(F) The contracting party is the lowest responsible bidder. these individu
or more in th-
(4) That of a parent in the earnings of his or her minor child for personal services. insurance firn
„ 5 substituted "
OThat of a landlord
or tenant of the contracting party.. Section 1091.:
(6) That of an attorney of the contracting rt or ownership int
gP Y thatofano
' firm that renders or has rendered, weer, officer, employee, or agent of a an officer, di
service to the contracting party in the capacity of stockbroker, relationship"
insurance agent,insurance broker, real estate agent, or real estate broker, if these individuals have not contract has".
i received and will not receive remuneration,consideration,or a commission as a result of the contract and
if these individuals have an ownership interest of 10 percent or more in the law practice or firm, stock 1998 Legisl
brokerage firm,insurance firm,or real estate firm.
Stats.1998,
(7) That of a member of a nonprofit corporation formed under the Food and Agricultural Code or a (b)(2) "and t)
nonprofit corporation formed under the Corporations Code for the sole purpose of engaging shares of sloe
merchandising of agricultural products or the supplying of water. in the ee or agent is
(8) That of a supplier of goods or services when those goods or services have been supplied to the Party and die
contracting party by the officer for at least five years prior to his or her election or a bid of the con
appointment to office. 1999 Legis!
(9) That of a person subject to the provisions of Section 1090 in any contract or agreement entered into
u pursuant to the provisions of the California Land Conservation Act of 1965. Stats.1999,
(10) Except as provided in subdivision(b)of Section 1091.5,that of a diving an board" for '9
rector of or a person ha
ownership interest of 10 percent or more in a bank, bank holding company, or savings and loan
Additions or changes indicated by underline; deletions by asterisks
y,
64
",1
I
GOVERNMENT CODE '. GOVERNMENT CODE § 1091
association with which a party to the contract has a relationship of borrower or depositor, debtor or
creditor.
(11) That of an engineer,geologist,or architect employed by a consulting engineering or architectural
firm. This paragraph applies only to an employee of a consulting firm who does not serve in a primary
itract entered into by a body or board of management capacity,and does not apply to an officer or director of a consulting firm.
if the officer has only a remote interest in (12) That of an elected officer otherwise subject to Section 1090, in any housing assistance payment
e body or board of which the officer is a contract entered into pursuant to Section 8 of the United States Housing Act of 1937 (42 U.S.C. Sec.
ufficient for the authorizes, approves, or 1437f)as amended,provided that the housing assistance payment contract was in existence before Section
Purpose without counting 1090 became applicable to the officer and will be renewed or extended only as to the existing tenant, or,
est.
in a jurisdiction in which the rental vacancy rate is less than 5 percent, as to new tenants in a unit
following: previously under a Section 8 contract. This section applies to any person who became a public official on
empt from taxation or after November 1,1986.
pursuant to Co r'
3)) or a nonprofit corporation, except as (13) That of a person receiving salary, per diem, or reimbursement for expenses from a government
entity.
(14) That of a person owning less than 3 percent of the shares of a contracting party that is a for-profit
1e contracting party has 10 or more other
,ontracting party for at least three years corporation, provided that the ownership of the shares derived from the person's employment with that
officer owns less than 3 percent of the corporation.
agent
not an officer or director of the
ling the bid of the contractin (c) This section is not applicable to any officer interested in a contract who influences or attempts to
g party, influence another member of the body or board of which he or she is a member to enter into the contract.
contracting party by the officer shall be
graph even though the contracting (d) The willful failure of an officer to disclose the fact of his or her interest in a contract pursuant to
g party i this section is punishable as provided in Section 1097. That violation does not void the contract unless
different form of business organization I the contracting party had knowledge of the fact of the remote interest of the officer at the time the
'ime of employment in that case shall be l
the real or ultimate ownership of the contract was executed.
rh existed before the transfer or change (Stats.1943, c. 134, p. 956, § 1091. Amended by Stats.1951, c. 1553, p.3535, § 3; Stats.1953,c. 1081, p.
bondholders, partners, or other persons 2572, § 2; Stats.1955, c. 1325, p.2406, § 1; Stats.1957, c. 1499,p.2825, § 1; Stats.1959, c. 427, p. 2366,
ing the"real or ultimate ownership"of § 1; Stats.1963, c. 906, p. 2151, § 1; Stats.1963, c. 1950, p. 4015, § 1; Stats.1968, c. 525, p. 1171, § 1;
Stats.1969,c.825,p. 1653,§ 1; Stats.1970,c.226,p.476,§ 2,eff.June 22, 1970; Stats.1973,c.459,p.928,
§ 1; Stats.1977,c.706,p.2264, § 1; Stats.1980,c. 110, § 1,eff. May 20, 1980; Stats.1982,c.451,p. 1821, i
of the following conditions are met: ' § 1; Stats.1984, c. 113, § 1, eff. May 10, 1984; Stats.1987, c. 847, § 1; Stats.1990, c. 565 (A.B.66), § 1;
iblic agency located in a county with a Stats.1990,c. 1593 (S.B.1963),§ 1,eff.Sept. 30, 1990; Stats.1991,c.341 (S.B.1110), § 1,eff.Aug.5, 1991;
Stats.1991, c. 1176 (A.B.2231), § 1; Stats.1996, c. 1133 (S.B.1412), § 1; Stats.1998, c. 687(S.B.281), § 1,
vices. eff. Sept. 22, 1998; Stats.1999, c. 349 (S.B.689), § 1; Stats.2003, c. 701 (S.B.155), § 1; Stats.2004, c. 16
(S.B.1086),§ 1,eff.Feb.23,2004.)
'acity with the contracting party,is not
rship interest in the contracting party, ! Historical and Statutory Notes
r
1996 Legislation relating to persons receiving salary,ary, per diem, or reim-
lating the bid of the contracting party. The 1996 amendment, in subd. (b)(6), added "and if bursement from a government entity.
these individuals have an ownership interest of 10 percent 2003 Legislation
or more in the law practice or firm,stock brokerage firm,
Personal services. insurance firm,or real estate firm"; and,in subd.(b)(10), Stats.2003, c. 701 (S.B.155), in subd. (b)(6), made a
substituted "Except as provided in subdivision (b) of nonsubstantive change; and added par. (14)to subd.(b). r
Section 1091.5, that of a director of or person having an 2004 Legislation
weer, officer, employee, or agent of a °"nership interest of 10 percent or more in"for"That of
)arty in the capacity of stockbroker, an officer, director, or employee of' and substituted "a "e tity exempt from taxation pursuant to Section insert 3a
. broker, if these individuals have not contract has"for"the relationship"following"party to the
of the Internal Revenue Code(26 U.S.C.Sec.501(c)(3))or
mission as a result of the contract and a nonprofit".
ore in the law practice or firm, stock 1998 Legislation Section 2 of Stats.2004,c.16(S.B.1086),provides:
Stats.1998, c. 687, § 1, inserted at the end of subd. "SEC.2. This act is an urgency statute necessary for
;he Food and Agricultural Code or a (b)(2) "and the officer owns less than 3 percent of the the immediate preservation of the public peace,health,or
he sole purpose of engaging in the shares of stock of the contracting party; and the employ- safety within the meaning of Article IV of the Constitution
ee or agent is not an officer or director of the contracting and shall go into immediate effect. The facts constituting
party and did not directly participate in formulating the the necessity are:
services have been supplied to the bid of the contracting party."
her election or appointment to office. "In order to ensure that nonprofit entities exempt from
1999 Legislation taxation pursuant to Section 501(c)(3) of the Internal
Y contract or agreement entered into Revenue Code are included within the definition of remote
1965.
a director of or a person having an Stats.1999, a 349, in subd. (a), substituted "body or interest, it is necessary that this act take effect immedi-
board" for "body of board", and inserted subd. (b)(13), ately."
f
ing company, or savings and loan j
Dns by asterisks
Additions or changes indicated by underline; deletions by asterisks
fJ