HomeMy WebLinkAbout2007-256
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RESOLUTION NO.
2007-256
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO 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 CLUBIDELMANN
HEIGHTS USING COUNTY CDBG FUNDS.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF
THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The City of San Bernardino, the County of San Bernardino, and the Boys
& Girls Club of San Bernardino are entering into a contract using County CDBG
Funds to provide security improvements to the Boys & Girls Club/Delmann Heights.
The City Manager is hereby authorized and directed to execute said contract on behalf
of the City; a copy of the contract is attached hereto as Exhibit A and incorporated
herein.
SECTION 2. Any amendment or modification thereto shall not take effect or become
operative until fully signed and executed by the parties and no party shall be obligated
hereunder until the time of such full execution. No oral agreements, amendments,
modifications or waivers are intended or authorized and shall not be implied from any
act or course of conduct of any party. This resolution is rescinded if the parties to the
contract fail to execute it within sixty (60) days of the passage of this resolution.
III
III
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO 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.
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor
and Common Council of the City of San Bernardino at a joint regular
meeting thereof, held on the 16th day of July , 2007, by the
following vote, to wit:
~ketd fla;J2J
b ..~chel G. Cl~A ~~er~~n",
The foregoing resolution is hereby approved this ~~M~J y~ , 2~df'Cf~
~-<
atri k J. Mo . Mayor
City of San Bernardino
Approved as to form:
es F. Penman, City Attorney
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FOR COUNTY USE ONLY
FAS
~ New Vendor Code Dept. Contract Number
SC A 01- f,;/il
- Change ECD
Cancel
County Department Dept. Orgn. Contractor's License No.
Community Development and Housing ECD PROJ
County Department Contract Representative Telephone Total Contract Amount
David Dobson, Director (909) 388-0808 $23,600
anette Hoover, Analyst (909) 388-0836
o Revenue 1XI Encumbered Contract Type
o Unencumbered 0 Other:
If not encumbered or revenue contract type, provide reason:
Commodity Code Contract Start Date Contract End Date Original Amount Amendment Amount
$23,600
Fund Dept. Organization Appr. ObjlRev Source GRClPROJ/JOB No. Amount
SBA ECD PROJ 200 2005 3038 $23,600
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Fund Dept. Organization Appr. ObjlRev Source GRClPROJ/JOB No. Amount
,
Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Amount
.
Project Name Estimated Payment Total by Fiscal Year
Muscoy: Security Cameras FY Amount 110 FY Amount 110
and Doors at Delmann 2006-07 $23.600
- -
Heights Community Center
Boys and Girls Club, SB - -
215-32103/3038
- -
Contract Type 2(g)
County of San Bernardino
CONTRACT TRANSMITTAL
CONTRACTOR Boys and Girls Club of San Bernardino"
City of San Bernardino""
Federal 10 No. or Social Security No. 95-2508873"
95-6000772""
Contractor's Representative Dolores Armstead, President"
Valerie Ross, Director of Development Services, City of San Bernardino""
Address 1180 West 9th Street, San Bernardino, CA 92418" Phone (909) 888-6751"
P.O. Box 1318, San Bernardino, CA 92411"" (909) 384-5002""
Nature of Contract: (Briefly describe the general terms of the contract)
This contract, between the County, the City of San Bernardino, and the Boys ~s Club of San Bernardino (BGCSB), provides
twenty three thousand six hundred ($23,600) dollars in Community Devel lock Grant (CDBG) funds for the City to construct
facility improvements at the Boys and Girls Club facility located at ~ . lores, San Bemardino. The improvements include the
purchase and installation of security cameras and reinfomEced 'llolrllyaoors at the Delmann Heights Community Center. The Boys
and Girls Club will continue to operate CDBG eligible, pr 'and se,rv~,O{Jhe facility and the City of San Bemardino will
manage the project and continue to maintain the facil~ ot less that~? 't~ 'following completion of improvements.
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The attached contract consists of 10 pages a~'6' exhibits. \,c, \ "=' \' ,\'\ t
.\\\ ' -'N\
(Attach this transmittal to all contracts not prepare ~'ih'e "Standard Contract" form.)
A~roved as If> Legal Fonn (sign in blue ink)
~~ k~Q,- Co-
County Coun~O U
Date ":f- - 2.~~d r
Date
b ':21- ?.tJ1q
Reviewed Contract Compliance
{kfluq r. tuft, "-
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Date
tJ7/~/0
2007-256
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Exhibit "A"
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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:
I. 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..
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· AlWitional 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
ofCDBG 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 I 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
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, 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 ofHUD,
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 vn
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
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addttion, 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.
II. COMPLIANCE WITH LAWS
All parties agree to be bound by applicable federal, state and local laws, ordinances, regulations and directives as
they pertain to the performance of this Contract. This Contract is subject to and incorporates the terms of the
ACT; 24 Code of Federal Regulations, Part 570, Chapter V and; U.S. Office of Management and Budget
Circular A-87.
12. CONFLICT OF INTEREST
CITY and 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 goveming 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
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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
bylaw.
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 REOUIREMENTS
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 Liabilitv Insurance - This coverage is to include contractual
coverage and automobile liability coverage for owned, hired, and non-owned vehicles. The policy shall
have combined single limits for bodily injury and property damage of not less than one million dollars
($1,000,000).
Comorehensive General Automobile Liabilitv Insurance. and Transportation Liabilitv - This coverage is
to include contractual coverage, automobile liability coverage and transportation liability coverage while
providing transportation services in owned, hired, and non-owned vehicles. The policy shall have
combined single limits for bodily injury and property damage of not less than two million dollars
($2,000,000).
Errors and Omissions Liabilitv Insurance - Combined single limits of $1,000,000 for bodily injury and
property damage and $ 3,000,000 in the aggregate or
Professional Liabilitv - 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 ofthe 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.
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Policies Primary and Non..contributorv - All policies required above are to be primary and non-
contributory with any insurance or self-insurance programs carried or administered by COUNTY.
Proof of Coverage - 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 REOUIREMENTS
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 FACll..ITY. In the event of any damage or destruction to FACll..ITY covered by the
insurance, CLUB shall use the entire insurance proceeds to restore FACll..ITY. 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 ACTNITIES
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
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. 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 ofreceipt 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.
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24. PROGRAM REPORTING AND RETENTION OF RECORDS
CITY and CLUB agree to prepare and submit financial, program progress, and other reports as required by HOD
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 HOD 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 eamed. 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 HOD
regulations in the format and at the time designated by the CDH Director or his designee.
25. TERMINATIONBYCOUNTY
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 ofnon-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 CONDmONS
If anyone or more of the terms, provisions, sections, promises, covenants or conditions of this Contract shall to
any extent be judged invalid, unenforceable, void or voidable for any reason whatsoever, by a court of 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
2007-256
"
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
Department of Community
Development and Housing
290 North "D" Street, Sixth Floor
San Bernardino, CA 92415-0040
Attn: Community Development
Boys and Girls Club of San Bernardino
1180 West 9th Street
San Bernardino, CA 92411
Attn: Dolores Armstead
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 ofl0
..
.
2007-256
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
~O- <::) ~
By. _ ,lC:)
PA :BWrn,Chohmm>
Board of Supervisors
Date:
AUG 0 7 2001
SIGNED AND CERTIFIED THAT A COPY OF
THIS DOCUMENT HAS BEEN DELIVERED TO
THE CHAllUMAN OF THE BOARD
APPROVED AS TO LEGAL FORM
RUTH E. STRINGER
County Counsel
Date: ';f -z."5 ~d 1-
By:
-1'1\
FRED
Date:
7-/1-07
APPROVED AS TO LEGAL FORM
By:~1.~
(J A~Omey
Date: J~ /2.. ZA'7
BOYSrro ;fIRLS SL}ffi ~ SAN BERNARDINO
BY:~ t;!Luf~
DOLORES ARMSTEAD, President
Date:?/J1V cJ / ;?t1.or
Page 10 of 10
2007-256
.'
EXHffiIT 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: Muscov: Security Cameras and Door at Delmann Heiahts Community Center - Bovs
and Girls Club. SB
Case Number: 215-32103/3038
Activity Location:
The
2969 N. Flores Avenue. San Bernardino
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!
EXHIBIT 2 of ---.2
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 ResDonsibilities
A. Architect and/or Enaineer 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:
b. CITY:
c. CITY:
d. CDH:
e. CITY:
f. CITY:
g. CDH:
h. CITY:
Prepares an RFP for architectural, engineering, or other consultant
services.
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).
Reviews RFP's for compliance with State, Federal, local and CDH
regulations. Requests CDH for "Approval to Proceed to Issue RFP".
Issues to CITY an "Approval to Proceed to Issue an RFP".
Advertises RFP, receives responses, interviews, requests CDH
representation on selection committee and makes selection.
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".
Reviews final contract for contract compliance and issues an "Approval to
Proceed to Award a Consultant Services Contract".
Awards Consultant Services Contract.
Page 1 of5
B. Oesion Phase
1. CITY: Monitors preparation of preliminary plans by architect.
2. CITY: Notifies COH of all publiC meetings with architect five working days before event.
3. COH/: 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. COH keeps current copies which
are available by request.
6. CITY: Forwards construction bid package to COH for review and approval along with
request for "Approval to Proceed to Issue an Invitation to Bid for Construction
Services". See Attachment "0" "Construction Contract Boilerplate", for the forms
used in preparing bid packages.
7. COH: 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.
C. Construction Phase
1. CITY: Determines bid solicitation process permitted by COBG 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 COH and
requests updated Federal Wage Decision. COH 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 COH 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 COH and requests COH for "Approval to Proceed to Award a Construction
Services Contract". If adjustment of funds or project description is needed, the
written request for reallocation of funds or change in project description should be
sent at this time. Requests over 25% of project allocation, requires approval by
CITY governing body in a public hearing.
Page 2 of5
p. 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:
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.
Page 3 of5
;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.
3. 24 CFR Part 85.
C. Applicable Uniform Administrative Requirements For Subrecipients that are not
Governmental Entities.
1. Office of Management and Budget Circular A-110.
2. Office of Management and Budget Circular A-122.
3. 24 CFR Part 84.
Page 4 of5
-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).
Q. Hatch Act.
R. Lead Based Paint Poisoning Prevention Act (42 U.S.C. 4831 (b)).
Page 5 of5
2007-256
EXHIBIT 3 of 5
ATTACHMENT "0"
COH CONSTRUCTION CONTRACT
PROVISIONS
2007-256
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
2007-256
CONSTRUCTION CONTRACT PROVISIONS. DEFINITIONS
The following are definitions of State and Federal provisions/documents for federally-assisted projects. Please refer to
the" Required Documents Checklisr 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 "0".
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 "0".
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 htto:/Iwww.oDo.oov/davisbaconlca.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
Section 3 businesses.
Page 1 of 42
2007-256
"
'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
, -
.' ~ .-,
2007-256
REQUIRED DOCUMENTS CHECKLIST
REQUIRED PRIOR TO CONTRACT AWARD
[] I. 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 ContractlPurchase Order NOTE: HUD form 40 I 0 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)*
[ ] 12. Section 3 Report (Applies to contracts of $100,000 or more)
*Note: Theseforms 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
Page 3 of 42
'Federal Labor Standards Provisions
2007-256
U.S. Department of Housing
and Urban Development
Office of Labor Relations
Applicability
The project or program to which the construction work covered by
this contract pertains is being assisted by the United States of
America and the following Federal Labor Standards Provisions are
Included in this Contract pursuant to the provisions applicable to
such Federal assistance.
A. 1. (i) Minimum Wages. All laborers and mechanics employed or
working upon the site of the work will be paid unconditionally and
not less often than once a week, and without subsequent
deduction or rebate on any account (except such payroll
deductions as are permitted by regulations Issued by the Secretary
of Labor under the Copeland Act (29 CFR Part 3), the full amount
of wages and bona fide fringe benefits (or cash equivalents
thereof) due at time of payment computed at rates not less than
those contained in the wage determination of the Secretary of
Labor which Is attached hereto and made a part hereof, regardless
of any contractual relationship which may be alleged to exist
between the contractor and such laborers and mechanics.
Contributions made or costs reasonably anticipated for bona fide
fringe benefits under Section I(b )(2) of the Davis-Bacon Act on
behalf of laborers or mechanics are considered wages paid to such
laborers or mechanics, subject to the provisions of 29 CFR
5.5(a)(1 )(iv); also, regular contributions made or costs Incurred for
more than a weekly period (but not less often than quarterly) under
plans, funds, or programs, which cover the particular weekly period,
are deemed to be constructively made or incurred during such
weekly period.
Such laborers and mechanics shall be paid the appropriate wage
rate and fringe benefits on the wage determination for the classi-
fication of work actually performed, without regard to skill, except
as provided in 29 CFR 5.5(a)(4). Laborers or mechanics per-
forming work In more than one classification may be compensated
at the rate specified for each classification for the time actually
worked therein: Provided, That the employer's payroll records
accurately set forth the time spent in each classification in which
work is performed. The wage determination (Including any addi-
tional classification and wage rates conformed under 29 CFR
5.5(a)(1)(ii) and the Davis-Bacon poster (WH-1321) shall be posted
at all times by the contractor and its subcontractors at the site of
the work in a prominent and accessible, place where it can be
easily seen by the workers.
(ii) (a) Any class of laborers or mechanics which is not listed in the
wage determination and which is to be employed under the
contract shall be classified in conformance with the wage deter-
mination. HUD shall approve an additional classification and wage
rate and fringe benefits therefor only when the following criteria
have been met:
(1) The work to be performed by the classification requested is
not performed by a classification in the wage determination; and
(2) The classification is utilized in the area by the construction
industry; and
(3) The proposed wage rate, including any bona fide fringe ben-
efits, bears a reasonable relationship to the wage rates contained
in the wage determination.
(b) If the contractor and the laborers and mechanics to be em-
ployed in the classification (if known), or their representatives, and
HUD or its designee agree on the classification and wage rate
(including the amount designated for fringe benefits where
appropriate), a report of the action taken shall be sent by HUD or
its designee to the Administrator of the Wage and Hour Division,
Employment Standards Administration, U.S. Department of Labor,
Washington, D.C. 20210. The Administrator, or an authorized
representative, will approve, modify, or disapprove every additional
classification action within 30 days of receipt and so advise HUD
or its designee or will notify HUD or its designee within the 30-day
period that additional time is necessary. (Approved by the Office
of Management and Budget under OMB control number 1215-
0140.)
(c) In the event the contractor, the laborers or mechanics to be
employed in the classification or their representatives, and HUD or
its designee do not agree on the proposed classification and wage
rate (including the amount designated for fringe benefits, where
appropriate), HUD or its designee shall refer the questions,
including the views of all interested parties and the recommenda-
tion of HUD or its designee, to the Administrator for determination.
The Administrator, or an authorized representative, will issue a
determination within 30 days of receipt and so advise HUD or its
designee or will notify HUD or its designee within the 3D-day period
that additional time is necessary. (Approved by the Office of
Management and Budget under OMB Control Number 12150140.)
(d) The wage rate (including fringe benefits where appropriate)
determined pursuant to subparagraphs (1 )(ii)(b) or (c) of this para-
graph, shall be paid to all workers performing work in the classifi-
cation under this contract from the first day on which work is per-
formed in the classification.
(iii) Whenever the minimum wage rate prescribed in the contract
for a class of laborers or mechanics includes a fringe benefit which
is not expressed as an hourly rate, the contractor shall either pay
the benefit as stated in the wage determination or shall pay an-
other bona fide fringe benefit or an hourly cash equivalent thereof.
(iv) If the contractor does not make payments to a trustee or
other third person, the contractor may consider as part of the
wages of any laborer or mechanic the amount of any costs rea-
sonably anticipated in providing bona fide fringe benefits under a
plan or program, Provided, That the Secretary of Labor has found,
upon the written request of the contractor, that the applicable stan-
dards of the Davis-Bacon Act have been met. The Secretary of
Labor may require the contractor to set aside in a separate ac-
count assets for the meeting of obligations under the plan or pro-
gram. (Approved by the Office of Management and Budget under
OMB Control Number 1215-0140.)
2. Withholding. HUD or its designee shall upon its own action or
upon written request of an authorized representative of the De-
partment of Labor withhold or cause to be w~hheld from the con-
tractor under this contract or any other Federal contract with the
same prime contractor, or any other Federally-assisted contract
subject to Davis-Bacon prevailing wage requirements, which is
held by the same prime contractor so much of the accrued pay-
ments or advances as may be considered necessary to pay la-
borers and mechanics, Including apprentices, trainees and help-
ers, employed by the contractor or any subcontractor the full
amount of wages required by the contract. In the event of failure to
pay any laborer or mechanic, Including any apprentice, trainee or
helper, employed or working on the site of the work, all or part
Previous edition is obsolete
Page 1 of 4
Page 4 of 42
HUD-4010 (07/2003)
ref. Handbook 1344.1
2007-256
of the wages required by the contract, HUD or its designee may,
after written notice to the contractor, sponsor, applicant, or owner,
take such action as may be necessary to cause the suspension of
any further payment, advance, or guarantee of funds until such
violations have ceased. HUD or its designee may, after written
notice to the contractor, disburse such amounts withheld for and
on account of the contractor or subcontractor to the respective
employees to whom they are due. The Comptroller General shall
make such disbursements in the case of direct Davis-Bacon Act
contracts.
3. (I) Payrolls and basic records. Payrolls and basic records
relating thereto shall be maintained by the contractor during the
course of the work preserved for a period of three years thereafter
for all laborers and mechanics working at the s~e of the work.
Such records shall contain the name, address, and social security
number of each such worker, his or her correct classification,
hourly rates of wages paid (including rates of contributions or
costs anticipated for bona fide fringe benefits or cash equivalents
thereof of the types described in Section l(b)(2)(B) of the Davis-
bacon Act), daily and weekly number of hours worked, deductions
made and actual wages paid. Whenever the Secretary of Labor
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
anticipated in providing benefits under a plan or program
described in Section l(b)(2)(B) of the Davis-Bacon Act, the
contractor shall maintain records which show that the
commitment to provide such benefits is enforceable, that the plan
or program is financially responsible, and that the plan or program
has been communicated in writing to the laborers or mechanics
affected, and records which show the costs anticipated or the actual
cost incurred in providing such benefits. Contractors employing
apprentices or trainees under approved programs shall maintain
written evidence of the registration of apprenticeship programs and
certification of trainee programs, the registration of the apprentices
and trainees, and the ratios and wage rates prescribed in the
applicable programs. (Approved by the Office of Management and
Budget under OMB Control Numbers 1215-0140 and 1215-0017.)
(ii) (a) The contractor shall submit weekly for each week in which
any contract work is performed a copy of all payrolls to HUD or its
designee if the agency is a party to the contract, but if the agency is
not such a party, the contractor will submit the payrolls to the
applicant sponsor, or owner, as the case may be, for transmission
to HUD or its designee. The payrolls submitted shall set out ac-
curately and completely all of the information required to be main-
tained under 29 CFR 5.5(a)(3)(i).This information may be submit-
ted in any form desired. Optional Form WH-347 is available for
this purpose and may be purchased from the Superintendent of
Documents (Federal Stock Number 029-005-00014-1), U.S. Gov-
ernment Printing Office, Washington, DC 20402. The prime con-
tractor is responsible for the submission of copies of payrolls by
all subcontractors. (Approved by the Office of Management and
Budget under OMB Control Number 1215-0149.)
(b) Each payroll submitted shall be accompanied by a "Statement
of Compliance," signed by the contractor or subcontractor or his or
her agent who pays or supervises the payment of the persons
employed under the contract and shall certify the following:
(1) That the payroll for the payroll period contains the information
required to be maintained under 29 CFR 5.5 (a)(3)(i) and that
such information is correct and complete;
(2) That each laborer or mechanic (including each helper. ap-
prentice, and trainee) employed on the contract during the payroll
period has been paid the full weekly wages earned, without rebate,
e~er direcUy or indirectly, and that no deductions have been made
either direclly or indirectly from the full wages eamed, other than
permissible deductions as set forth in 29 CFR Part 3;
(3) That each laborer or mechanic has been paid not less than
the applicable wage rates and fringe benefits or cash equivalents
for the classification of work performed. as specified in the appli-
cable wage determination incorporated into the contract.
(c) The weekly submission of a properly executed certification set
forth on the reverse side of Optional Form WH-347 shall satisfy
the requirement for submission of the "Statement of Compliance"
required by subparagraph A.3.(ii)(b).
(d) The falsification of any of the above certifications may subject
the contractor or subcontractor to civil or criminal prosecution
under Section 1001 of Tille 16 and Section 231 of Title 31 of the
United States Code.
(iii) The contractor or subcontractor shall make the records re-
quired under subparagraph A.3.(i) available for inspection, copy-
ing, or transcription by authorized representatives of HUD or its
designee or the Department of Labor, and shall permit such rep-
resentatives to interview employees during working hours on the
job. If the contractor or subcontractor fails to submit the required
records or to make them available, HUD or its designee may, after
written notice to the contractor, sponsor, applicant or owner, take
such action as may be necessary to cause the suspension of any
further payment, advance, or guarantee of funds. Furthermore,
failure to submit the required records upon request or to make
such records available may be grounds for debarment action pur-
suant to 29 CFR 5.12.
4. Apprentices and Trainees.
(i) Apprentices. Apprentices will be permitted to work at less than
the predetermined rate for the work they performed when they are
employed pursuant to and individually registered in a bona fide
apprenticeship program registered with the U.S. Department of
Labor, Employment and Training Administration, Office of
Apprenticeship Training, Employer and Labor Services, or with a
State Apprenticeship Agency recognized by the Office, or if a
person is employed in his or her first 90 days of probationary
employment as an apprentice in such an apprenticeship program,
who is not individually registered in the program, but who has
been certified by the Office of Apprenticeship Training, Employer
and Labor Services or a State Apprenticeship Agency (where
appropriate) to be eligible for probationary employment as an
apprentice. The allowable ratio of apprentices to joumeymen on
the job site in any craft classification shall not be greater than the
ratio permitted to the contractor as to the entire work force under
the registered program. Any worker listed on a payroll at an ap-
prentice wage rate, who is not registered or otherwise employed
as stated above, shall be paid not less than the applicable wage
rate on the wage determination for the classification of work actu-
ally performed. In addition, any apprentice performing work on the
job site in excess of the ratio permitted under the registered
program shall be paid not less than the applicable wage rate on
the wage determination for the work actually performed. Where a
contractor is performing construction on a project in a locallly other
than that in which ~ program is registered, the ratios and wage
rates (expressed in percentages of the journeyman's hourly rate)
specified in the contracto(s or subcontracto(s registered program
shall be observed. Every apprentice must be paid at not less than
the rate specified in the registered program for the apprentice's
level of progress, expressed as a percentage of the
Previous edition is obsolete
Page 2 of4
form HUD-4010 (07/2003)
ref. Handbook 1344.1
Palle 5 of 42
2007-256
"
'journeymen hou~y rate specified in the applicable wage determi-
nation. Apprentices shall be paid fringe benefits in accordance
with the provisions of the apprenticeship program. If the appren-
ticeship program does not specify fringe benefits, apprentices must
be paid the full amount of fringe benefits listed on the wage deter-
mination for the applicable classification. If the Administrator de-
termines that a different practice prevails for the applicable ap-
prentice classification, fringes shall be paid in accordance with that
determination. In the event the Office of Apprenticeship Training,
Employer and Labor Services, or a State Apprenticeship Agency
recognized by the Office, withdraws approval of an apprenticeship
program, the contractor will no longer be permitted to utilize
apprentices at less than the applicable predetermined rate for the
work performed until an acceptable program is approved.
(ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not
be permitted to work at less than the predetermined rate for the
work performed unless they are employed pursuant to and
individually registered in a program which has received prior ap-
proval, evidenced by formal certification by the U.S. Department of
Labor, Employment and Training Administration. The ratio of
trainees to journeymen on the job site shall not be greater than
permitted under the plan approved by the Employment and Train-
ing Administration. Every trainee must be paid at not less than the
rate specified in the approved program for the trainee's level of
progress, expressed as a percentage of the journeyman hou~y
rate specified in the applicable wage determination. Trainees shall
be paid fringe benefits in accordance with the provisions of the
trainee program. If the trainee program does not mention fringe
benefits, trainees shall be paid the full amount of fringe benefits
listed on the wage determination unless the Administrator of the
Wage and Hour Division determines that there is an apprentice-
ship program associated with the corresponding journeyman wage
rate on the wage determination which provides for less than full
fringe benefits for apprentices. Any employee listed on the payroll
at a trainee rate who is not registered and participating in a
training plan approved by the Employment and Training Adminis-
tration shall be paid not less than the applicable wage rate on the
wage determination for the work actually performed. In addition,
any trainee performing work on the job site in excess of the ratio
permitted under the registered program shall be paid not less than
the applicable wage rate on the wage determination for the work
actually performed. In the event the Employment and Training
Administration withdraws approval of a training program, the con-
tractor will no longer be permitted to utilize trainees at less than
the applicable predetermined rate for the work performed until an
acceptable program is approved.
(iii) Equal employment opportunity. The utilization of appren-
tices, trainees and journeymen under 29 CFR Part 5 shall be in
conformity with the equal employment opportunity requirements of
Executive Order 11246, as amended, and 29 CFR Part 30.
5. Compliance with Copeland Act requirements. The contrac-
tor shall comply with the requirements of 29 CFR Part 3 which are
inco"rporated by reference in this contract
6. Subcontracts. The contractor or subcontractor will insert in
any subcontracts the clauses contained in subparagraphs 1
through 11 of this paragraph A and such other clauses as HUD or
its designee may by appropriate instructions require, and a copy of
the applicable prevailing wage decision, and also a clause re-
quiring the subcontractors to include these clauses in any lower tier
subcontracts. The prime contractor shall be responsible for the
compliance by any subcontractor or lower tier subcontractor with
all the contract clauses in this paragraph.
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-
30f4
tract and for debarment as a contractor and a subcontractor as
provided in 29 CFR 5.12.
8. Compliance with Davis-Bacon and Related Act Requirements.
All rulings and interpretations of the Davis-Bacon and Related Acts
contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by
reference in this contract
9. Disputes concerning labor standards. Disputes arising out of
the labor standards provisions of this contract shall not be subject
to the general disputes clause of this contract. Such disputes shall
be resolved in accordance with the procedures of the Department
of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the
meaning of this clause include disputes between the contractor (or
any of its subcontractors) and HUD or its designee, the U.S.
Department of Labor, or the employees or their representatives.
10. (i) Certlflcatlon of Eligibility. By entering into this contract the
contractor certifies that neither it (nor he or she) nor any person or
firm who has an interest in the contractor's firm is a person or firm
ineligible to be awarded Government contracts by virtue of Section
3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be awarded
HUD contracts or participate in HUD programs pursuant to 24 CFR
Part 24.
(ii) No part of this contract shall be subcontracted to any person
or firm ineligible for award of a Government contract by virtue of
Section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be
awarded HUD contracts or participate in HUD programs pursuant
to 24 CFR Part 24.
(iii) The penalty for making false statements is prescribed in the
U.S. Criminal Code, 18 U.S.C. 1001. Additionally, U.S. Criminal
Code, Section 1 01 0, Title 18, U.S.C., "Federal Housing Adminis-
tration transactions", provides in part: "Whoever, for the purpose of
. . . influencing in any way the action of such Administration
makes, utters or publishes any statement knowing the same to be
false._ shall be fined not more than $5,000 or imprisoned not more
than two years, or both."
11. Complaints, Proceedings, or Testimony by Employees. No
laborer or mechanic to whom the wage, salary, or other labor
standards provisions of this Contract are applicable shall be dis-
charged or in any other manner discriminated against by the Con-
tractor or any subcontractor because such employee has filed any
complaint or instituted or caused to be instituted any proceeding or
has testified or is about to testify in any proceeding under or
relating to the labor standards applicable under this Contract to his
employer.
B. Contract Work Hours and Safety Standards Act. The provi-
sions of this paragraph B are applicable only where the amount of
the prime contract exceeds $100,000. As used in this paragraph, the
terms "laborers" and "mechanics" include watchmen and guards.
(1) Overtime requirements. No contractor or subcontractor con-
tracting for any part of the contract work which may require or involve
the employment of laborers or mechanics shall require or permit any
such laborer or mechanic in any workweek in which he or she is
employed on such work to work in excess of 40 hours in such work-
week unless such laborer or mechanic receives compensation at a
rate not less than one and one-half times the basic rate of pay for all
hours worked in excess of 40 hours in such workweek.
(2) Violation; liability for unpaid wages; liquidated damages.
In the event of any violation of the clause set forth in subpara-
form HUD-I010 (0712003)
I~I. nanuuuul\ 1.,)q4,1
0...,.... a....* AI)
2007-256
graph (1) of Ibis paragraph, the contractor and any subcontractor
responsible therefor shall be liable for the unpaid wages. In addi-
tion, s~ch contractor and subcontractor shall be liable to the United
States (in the case of work done under contract for the District of
Columbia or a territory, to such District or to such territory), for
liquidated damages. Such liquidated damages shall be computed
with respect to each individual laborer or mechanic, including
watchmen and guards, employed in violation of the clause set forth
in subparagraph (1) of this paragraph, in the sum of $10 for each
calendar day on which such individual was required or permitted to
work in excess of the standard workweek of 40 hours without
payment of the overtime wages required by the clause set forth in
sub paragraph (1) of this paragraph.
(3) Withholding for unpaid wages and liquidated damages.
HUD or its designee shall upon its own action or upon wrillen
request of an authorized representative of the Department of La-
bor withhold or cause to be wtthheld, from any moneys payable on
account of work performed by the contractor or subcontractor
under any such contract or any other Federal contract with the
same prime contract, or any other Federally-assisted contract
subject to the Contract Work Hours and Safety Standards Act
which is held by the same prime contractor such sums as may be
determined to be necessary to satisfy any liabilities of such con-
tractor or subcontractor for unpaid wages and liquidated damages
as provided in the clause set forth in subparagraph (2) of this
paragraph.
(4) Subcontracts. The contractor or subcontractor shall insert in
any subcontracts the clauses set forth in subparagraph (1) through
(4) of this paragraph and also a clause requiring the sub-
contractors to include these clauses in any lower tier subcontracts.
The prime contractor shall be responsible for compliance by any
subcontractor or lower tier subcontractor with the clauses set forth in
subparagraphs (1) through (4) of this paragraph.
C. Health and Safety. The provisions of this paragraph C are ap-
plicable only where the amount of the prime contract exceeds
$100,000.
(1 ) No laborer or mechanic shall be required to work in surround-
ings or under working conditions which are unsanitary, hazardous,
or dangerous to his health and safety as determined under
construction safety and health standards promulgated by the Sec-
retary of Labor by regulation.
(2) The Contractor shall comply with all regulations issued by the
Secretary of Labor pursuant to Title 29 Part 1926 and failure to
comply may result in imposition of sanctions pursuant to the Con-
tract Work Hours and Safety Standards Act, 40 USC 3701 et sea.
(3) The Contractor shall include the provisions of this paragraph
in every subcontract so that such provisions will be binding on
each subcontractor. The Contractor shall take such action with
respect to any subcontract as the Secretary of Housing and
Urban Development or the Secretary of Labor shall direct as a
means of enforcing such provisions.
Previous edition is obsolete
fonn HUD-4010 (07/2003)
ref. Handbook 1344.
4014
Page 7 of 42
2007-256
, '
CONTRACTOR'S CERTIFICA nON 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
Secretaryl Treasurer
Signature, Prime Contractor
Title (Owner or President)
Date
Page 8 of 42
2007-256
SAN BERNARDINO COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT AND HOUSING
MINORITY AND WOMEN OWNED BUSINESS ENTERPRISE PARTICIPATION
This form is designed to assist the County of San Bernardino in assessing and reporting the proposition and
amounts of contracts and subcontracts awarded to Minority and Women Owned Business Enterprises
(WMBE'S) for the project named below. Include information on all subcontractors and suppliers if the total bid
amount exceeds $10,000.
"Minority owned or controlled" means that 51% or more of the company's ownership or controlled interest in
the company is held by one or more Black Americans, Native Americans (including American Indians,
Eskimos, Aleuts, and Native Hawaiians), Hispanic Americans, or Asian/Pacific Americans (including persons
whose origins are from Japan, China, the Philippines, Vietnam, Korea, Samoa, Guam, the United States Trust
Territories of the Pacific, Northern Marianas, Laos, Cambodia and Taiwan), or any other group of natural
persons identified as minorities in the project specifications by the County.
"Female owned or controlled" means that 51% or more of the company's ownership or controlled interest in
the company is held by one or more female persons.
PROJECT
Project Name
$
Total Bid Amount
Project Number
Federally funded or assisted?
[]Yes [] No
CONTRACTOR
Contractor's Name
Address
CITY
Minority owned/controlled?
If so, what Minority?
Female owned/controlled?
State Zip Code
[ ] Yes [ ] No
[ ] Yes [ ] No
Federall.D. Number
$
Portion of Bid Amount to be
performed by Contractor
SUBCONTRACTORS
1)
Subcontractor's Name
Address
Federall.D. Number
$
Subcontract Bid Amount
CITY
Minority owned/controlled?
If so, what Minority?
Female owned/controlled?
State Zip Code
[ ] Yes [] No
[ ] Yes [] No
------------------------------------------------------------------------------------------------------------------------------------------------
2)
Subcontractor's Name
Address
Federall.D. Number
$
Subcontract Bid Amount
CITY
Minority owned/controlled?
If so, what Minority?
Female owned/controlled?
State Zip Code
[ ] Yes [] No
[]Yes []N
1012
Page 9 of 42
2007-256
,
,~.UNQRITY AND WOMEN OWNED BUSINESS ENTERPRISE PARTICIPATION (ConHnued)
3)
Subcontractor's Name
Address
CITY
Minority owned/controlled?
If so, what Minority?
Female owned/controlled?
Federall.D. Number
$
Subcontract Bid Amount
State Zip Code
[ ] Yes [] No
[ ] Yes [] No
-------------------------------------------------------------
4)
Subcontractor's Name
Address
CITY
Minority owned/controlled?
If so, what Minority?
Female owned/controlled?
Federall.D. Number
$
Subcontract Bid Amount
State Zip Code
[ ] Yes [] No
[ ] Yes [] No
--------------------------------------------------------------------------
5)
Subcontractor's Name
Address
CITY
Minority owned/controlled?
If so, what Minority?
Female owned/controlled?
Federall.D. Number
$
Subcontract Bid Amount
State Zip Code
[ ] Yes [] No
[ ] Yes [] No
------------------------------------------------------------------
6)
Subcontractor's Name
Address
CITY
Minority owned/controlled?
If so, what Minority?
Female owned/controlled?
Federall.D. Number
$
Subcontract Bid Amount
7)
Subcontractor's Name
State Zip Code
[ ] Yes [] No
[ ] Yes [] No
Address
Federall.D. Number
$
Subcontract Bid Amount
CITY
Minority owned/controlled?
If so, what Minority?
Female owned/controlled?
State Zip Code
[ ] Yes [] No
[ ] Yes [] No
----------------------------------------------------------------
8)
Subcontractor's Name
Address
CITY
Minority owned/controlled?
If so, what Minority?
Female owned/controlled?
Federall.D. Number
$
Subcontract Bid Amount
9)
Subcontractor's Name
State Zip Code
[ ] Yes [] No
[ ] Yes [] No
Address
Federall.D. Number
$
Subcontract Bid Amount
CITY
Minority owned/controlled?
If so, what Minority?
Female owned/controlled?
2012
Page 100142
State Zip Code
[ ] Yes [] No
[ ] Yes [] No
2007-256
.
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 ~ 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).
YesD NoD
2.Bidder has participated in a previous contract or subcontract subject to the Equal Opportunity Clause.
Yes D No D (If answer is yes, identify the most recent contract.)
(If answer is no, contractor may be required to submit an EEO-1 sUlvey
or other reports to the Equal Employment Opportunity Commission,
contact the EEOC at 800-669-4000 or inquire online at
htto://www.eeoc.aov/eeo1survevlindex.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 D No D None required D
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 of42
2007-256
.'
CERTIFICATION BY PROPOSED SUBCONTRACTOR
REGARDING EQUAL EMPLOYMENT OPPORTUNITY
Name of Prime Contractor:
Project Name:
INSTRUCTIONS
This certification is required pursuant to Executive Order 11246 (30 F.R. 12319-25). The implementing
rules and regulations provide that any bidder or prospective contractor, or any of their proposed
subcontractors, shall state as an initial part of the bid or negotiations of the contract whether it has
participated in any previous contract or subcontract subject to the equal opportunity clause; and, if so,
whether it has filed all compliance reports due under applicable instructions.
Where the certification indicates that the subcontractor has not filed a compliance report due under
applicable instructions, such subcontractor shall be required to submit a compliance report before the
owner approves the subcontract or permits work to begin under the subcontract.
SUBCONTRACTOR'S CERTIFICATION
Subcontractor's Name:
Address & Zip Code:
1.Bidder has on file an affirmative action program pursuant to Part 60-2 (applies to non-construction contracts).
YesD NoD
2.Bidder has participated in a previous contract or subcontract subject to the Equal Opportunity Clause.
Yes D No D (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
httD://www.eeoc.aov/eeo1survevlindex.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 D No D None required D
Certification:
The information above is true and complete to the best of my knowledge and belief.
Name and Tille of Signer (Please Type)
Date
Signature
. NOTE: THIS FORM MUST BE FILLED OUT BY EACH OF THE BIDDER'S SUBCONTRACTORS.
Paae 12 af 42
2007-256
.. I ' .f
Section 3 Report - Contracts over $100,000
Project NameINumber:
Prime Contractor Name/ AddresslPhone 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 constmction contracts of $100,000 or more, on projects funded by
the Department of Housing and Urban Development (BUD), to Section 3 businesses. A Section 3 business: 1) is at
least S1 % owned by a low-income person, or 2) has a workforce comprised of at least 30% low-income persons, or
3) subcontracts at least 2S% 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
b ~ h .
su contractors wor nj( on t e project.
Job Category # of new hires # new hires that % of total staff % of staff hours # oflow-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
(inc1udinj( new hires)
Professionals
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:
o I am a Section 3 business
o I am not a Section 3 business
o I am wor~ng towards becoming a Section 3 business
If you checked the 3nl box above, please check efforts made to become a Section 3 business:
o 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.
o Participated in a HUD program, which promotes the training and employment oflow-income residents
o Participated in a HUD program which promotes the award of contracts to Section 3 businesses
o Coordinated with HUD Youth Build programs
o Other efforts made (describe):
D'!:IIno.1"tnf.ll?
2007-256
"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. 1701u. Section 3 requires that to the greatest extent feasible, opportunities for training
and employment be given to lower income residents of the project area and contracts for work in
connection with the project be awarded to business concems, 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
2007-256
Insert Davis-Bacon Wage Determination
Page 150142
, ^"---~.~~-"<.."
2007-256
, ' . I '
AFFIRMATIVE ACTION COMPLIANCE
GUIDELINES FOR CONSTRUCTION AND
NON-CONSTRUCTION CONTRACTORS
'11111 '
Page 1 014
Page 16 of 42
2007-256
AFfIRMATIVE ACTION COMPLIANCE
GUIDELINES FOR
CONSTRUCTION AND NON-
CONSTRUCTION CONTRACTORS
These Affirmative Action Compliance Guidelines have been
designed to provide contractors with information necessary
to comply with Federal regulations found under Title 40, Part
60 of the Code of Federal Regulations. It is the intent of
these guidelines to insure that equal opportunity for
employment is practiced by the contractor without regard to
race, color, sex, religion, national origin, disability, and
veteran's status. These guidelines provide the minimum
information necessary to comply with EEO and affirmative
action requirements, including the preparation of an
Affirmative Action Plan that complies with Federal
regulations regarding Affirmative Action for federally-assisted
projects. Contractors are urged to contact the implementing
entity or the U.S. Department of Labo~s Office of Federal
Contract Compliance Programs (OFCCP) officer for any
necessary technical assistance in meeting Affirmative Action
requirements if they are considering bidding under this
contract.
I. AFFIRMATIVE ACTION COMPLIANCE PROGRAM
A. The Affirmative Action program embodies the
following principals:
1. Discrimination because of race, color, age, sex,
religion, national origin, marital status, disability,
or veteran's status is inconsistent with the
constitution, laws, and policies of the United
C.
Affirmative Action Plan requirements for
NONCONSTRUCTION Contractors:
1. All contractors who have entered into a
NONCONSTRUCTION CONTRACT and who: 1)
do business in the amount of $50,000 or more
with the implementing entity in anyone fiscal
year and, 2) employ fifty (50) or more employees,
must develop a written Affirmative Action
Program within 120 days after the contract
award date.
2. All subcontractors rendering services or supplies
to a contractor in the amount of $50,000.00 or
more and employ fifty (50) or more employees,
must develop a written Affirmative Action
Program within 120 days after the contract award
date.
D.
Exemptions under 41 CFR 60:
The following persons/contracts shall be exempt from
this program:
1.
do not
12-month
A contract or contracts by a contractor that
exceed $10,000 in the aggregate over a
period.
Contracts for Work outside the United
2.
States
3. State and Local Governments
4. Contracts with certain educational
institutions
5. Work on or near Indian Reservations
Page 2 of4
Page 17 of 42
States, State of Califomia and County of San
Bemardino.
2. The implementing entity is committed to insuring
that there be no discrimination by vendors,
contractors (including professional services and
consultants), lessors, or lessees doing business
with the implementing entity.
3. Contractors and subcontractors agree to take
affirmative personnel actions to hire and promote
workers who traditionally have been discriminated
against in the job market, including women,
minorities, members of certain ethnic and
religious groups, individuals with disabilities, and
veterans.
B. Affirmative Action Step Requirements for
CONSTRUCTION Contractors and Subcontractors:
1. Personnel affirmative action in recruitment, hiring,
and promotion is required by contractor and
subcontractors who have entered into a federally-
assisted construction or non-construction contract
that exceed $10,000 or $10,000 in the aggregate
over a 12-month period.
2. Contractors and subcontractors who enter into a
CONSTRUCTION CONTRACT in excess of
$10,000 must take 16 specific affirmative action
steps to ensure equal employment opportunity.
These steps are included in 41 CFR 60-4.3 (a) (7)
and are also included under "Standard Federal
Equal Employment Opportunity Construction
Contract Specifications" of Attachment "0" of the
bid package.
6. Specific contracts and facilities found
exempt by 7. Deputy Assistant Secretary
8. National security contracts
Any contractor who feels qualified for an exemption
should contact the local Contract Compliance Officer
or the U.S. Department of Labo~s OFCCP Officer for
further information.
II. SATISFYING AFFIRMATIVE ACTION PLAN
A. Affirmative Action Plan requirements for
NONCONSTRUCTION contractors can be met
through the following:
1. Completing a Contract Compliance Qualifying
Report for Non-construction Contractors and
Vendors, (refer to the form found in the
"Additional Required Documentsl Sample
Documents" section of Attachment "0" of the bid
package).
2. Completing a contracto~s Affirmative Action
Policy, including methods of recruiting minorities
and women. If the contractor does not have its
own Affirmative Action Policy, it may adopt the
County's model Affirmative Action Policy ((refer to
the form found in the "Additional Required
Documentsl Sample Documents" section of
Attachment "0" of the bid package).
3. Following Federal Affirmative Action Plan
guidelines which comply with the requirements of
41 CFR60.2.10
2007-256
DEFINITIONS
K. "Employer Identification Number" means the Federal
Social Security Number:
L. "Handicapped Status" means any person who:
1. Has a physical or mental impairment, which
substantially limits one or more of such person's
major life activities.
Unless a provision of a contract otherwise requires,
certain words and phrases shall be defined as follows:
A. "Affirmative Action" is a commitment to increase the
number of minorities and women in the work force by
setting employment goals and timetables, including
action to achieve objectives. Affirmative Action
seeks to ensure that discrimination is
eliminated in dealings with employees or applicants
for employment whether the discrimination is
intentional or unintentional. In addition, Affirmative
Action seeks to improve job standards and
productivity through the removal of artificial and
unnecessary barriers to employment and promotion
and ensure that all job actions are related to job
performance measures.
2. Has a record or such impairment or,
3. Is generally regarded as having such an
impairment.
M. "Implementing Entity" means public jurisdiction who is
administering the contract.
N. "Minority" includes:
1. Black (all persons having ong.ns in any Black
African racial groups not of Hispanic origin);
B. "Affirmative Action Plan" is a written affirmative plan
required of contractors and subcontractors who have
50 or more employees and have entered into a
contract with the implementing entity that exceeds
$50,000, or $50,000 in contracts over a 12-month
period.
C. "Contracr means a federally-assisted purchase order,
offer and acceptance, lease, agreement or other
arrangement creating an obligation to which the
implementing entity is a party, which would make one
of the parties within the definition a contractor.
D. "Construction" means the construction, rehabilitation,
alteration, conversion, extension, demolition or repair
of buildings, highways or other changes or
improvements to real property, including facilities
providing utility services.
2. Hispanic <all persons of Mexican, Puerto Rican,
Cuban, Central or South American or other
Spanish Culture or origin, regardless of race):
3. Asian or Pacific Islander (all persons having
origins in any of the original peoples of the Far
East, Southeast Asia, the Indian subcontinent or
the Pacific Islands):
4. American India or Alaskan native (all persons
having origins in any of the native peoples of
North America and maintaining identifiable tribal
affiliations through membership and participation
in community identification).
O. "Non-construction Contracr means any contract that
does not fall within the definition of "Construction
Contra cr.
E. "Contractor" means a prime contractor or
subcontractor.
F. "Covered Area" means the geographical area
described in the solicitation from which the contract
resulted:
P. "Officer" means the Contract Compliance Officer of
the implementing entity or U.S. Department of Labor
Office of Federal Contract Compliance Program
(OFCCP) Officer.
H. "Employee" means one who performs work for
compensation, or a person who is permanently or
regularly employed by the contractor or
subcontractor.
a. "Persons" means any individual, firm, co-partnership,
public service, joint venture, association, social club,
fraternal organization, corporation, estate, trust
receiver, syndicate CITY, county, municipal
corporation, district or other political subdivision, or
any other group or combination acting as a unit.
G. "Director" means Director, OFCCP, U.S> Dept. of
Labor, or any person to whom the Director delegates
authority to:
R. "Underutilization" means having fewer minorities or
women in a particular job classification than would
reasonably be expected by their availability.
I. "Employer Identification Number" means the Federal
Social Security Number:
J. "Handicapped Status" means any person who:
1. Has a physical or mental impairment, which
substantially limits one or more of such person's
major life activities.
S. "Vietnam-Era Veteran" means a person who:
2. Has a record or such impairment or,
1. Served on actual duty for a period of more than
180 days, any part of which occurred between
August 5, 1964, and May 7, 1975, and was
discharged or released therefrom with other than
a dishonorable discharge: or
2. Was discharged or released from active duty for a
service - connected disability if any part of such
active duty was performed between August 5,
1964, and May 7,1975.
3. Is generally regarded as having such an
impairment.
Page 3 014
Page 180f42
2007-256
'T. Violation and Appeal Procedure.
1. A contractor found in violation of equal
opportunity! affirmative action laws will shall be
referred to the U.S. Department of Labor's
OFCCP Division, and tihe Solicitor for Labor,
Associate Solicitor of Labor Relations and Civil
Rights Regional Solicitors and Regional Attorney
are autihorized to institute enforcement
proceedings by filing a compliant and serving tihat
compliant to the contractor (defendant), in
accordance witih procedures set forth in 41 CFR
60-30.5. The complaint shall contain information
on tihe alleged violation, a prayer regarding the
relief being sought, and the name and address of
the attorney representing the Government. Within
20 days after receiving the complaint, the
defendant shall file an answer with the Chief
Administrative Law Judge, if the case has not
been assigned to an Administrative Law judge.
2. The answer shall contain a statement of the facts,
which constitute the ground of defense, and shall:
1) specifically admit, explain, or deny, each of the
allegations of the complaint unless the defendant
is without knowledge, or 2) state that the
defendant admits all the allegations contained in
the complaint. The answer may contain a waiver
for a hearing and if not, a separate paragraph in
the answer shall request a hearing. The answer
shall contain the name and address of the
defendant, or of the attorney representing tihe
defendant. Failure to file an answer or plead
specifically to an allegation of the complaint shall
constitute an admission of such allegation.
1. Contractor agrees to fully comply with tihe laws and
programs (including regulations issued pursuant
tihereto) identified herein. Such compliance is required
to tihe extent such laws, programs and tiheir regulations
are, by their own terms, applicable to this contract.
Contractor warrants that he will make himseif thoroughly
familiar with the applicable provisions of said laws,
programs, and regulations prior to commencing
performance of tihe contract. Copies of said laws,
programs, and regulations are available upon request
from the implementing entity's Contract Compliance
Officer, or from the U.S. Department of Labor's OFCCP
Officer to the extent applicable the provisions of said
laws programs and regulations are deemed to be a part
of this contract as if fully set forth herein.
2. Vietnam Era Veterans' Readjustment Assistance Acts of
1972 and 1974, as amended. Pub. L. 92-540, Titie V,
Sec 503(a), Pub. L 93-508. Title IV, Sec. 402. (38
USCA 2011-2013).
3. Rehabilitation act of 1973, as amended (Handicapped)
Pub. 193-112 as amended. (29 USCA 701-794).
4. California Fair Employment Practice Act. Labor Code
Sec. 1410 et seq.
5. Civil Rights Act of 1964, as amended (42 USCA 2000a
to 2000H-6) and Executive Order No. 11246, September
24, 1965, as amended.
Page 4 of4
Page 19 of 42
I.
2007-256
EQUAL OPPORTUNITY CLAUSES
The contractor and subcontractors not found exempt under
41 CFR 60-1.5, are required to comply with the following
equal opportunity clauses as a condition of being awarded a
federally-assisted contract. Each nonexempt prime
contractor shall include equal employment opportunity
clauses in each of its nonexempt subcontractors.
EQUAL OPPORTUNITY CLAUSE FOR FEDERALLY.
ASSISTED CONSTRUCTION CONTRACTS
This clause is inserted pursuant to Executive Order 11246 of
September 24, 1965, as amended, and Hie VII of the Civil
Rights Act of 1964, and is applicable pursuant to 41 C.F.R.
Sec. 60-1.4. The following requirements apply to contractors
and subcontractors
(1) The Contractor will not discriminate against any
employee or applicant for employment because of
race, color, religion, sex, or national origin. The
Contractor will take affirmative action to ensure that
applicants are employed, and that employees are
treated during employment without regard to their
race, color, religion, sex, national origin. Such action
shall include, but not be limited to the following:
Employment, upgrading, demotion, or transfer;
recruitment or recruitment advertising; layoff or
termination; rates of pay or other forms of
compensation; and selection for training, including
apprenticeship. The Contractor agrees to post in
conspicuous places, available to employees and
applicants for employment, notices to be provided by
the contracting officer setting forth the provisions of
this nondiscrimination clause.
(2) The Contractor will, in all solicitations or
advertisements for employees placed by or on behall
of the Contractor, state that all qualified applicants will
receive consideration for employment without regard
to race, color, religion, sex, or national origin.
(3) The Contractor will send to each labor union or
representative of workers with which he has a
collective bargaining agreement or other contract or
understandin9, a notice to be provided by the agency
contracting officer, advising the labor union or
workers' representative of the Contractor's
commitments under Section 202 of Executive Order
11246 of September 24, 1965, and shall post copies
of the notice in conspicuous places available to
employees and applicants for employment.
(4) The contractor will comply with all provisions of
Executive Order 11246 of September 24, 1965. and
of the rules, regulations, and relevant orders of the
Secretary of Labor.
(5) The contractor will furnish all information and reports
required by Executive Order 11246 of September 24,
1965, and 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 1 018
Page 20 of 42
(6) In the event of the Contractor's noncompliance with
the nondiscrimination clauses of this contract or with
any of such rules, regulations or orders, this contract
may be canceled, terminated or suspended in whole
or in part, and the Contractor may be declared
ineligible for further Government contracts in
accordance with procedures authorized in Executive
Order 11246 of September 24, 1965, and such other
sanctions may be imposed and remedies invoked as
provided in Executive Order 11246 of September 24,
1965, or by rule, regulation or order of the Secretary
of Labor, or as otherwise provided by law.
(7) The Contractor will include the provisions of
paragraphs (1) through (7) in every subcontract or
purchase order unless exempted by rules, regulations
or orders of the Secretary of Labor issued pursuant to
Section 204 of Executive Order 11246 of September
24, 1965, so that such provisions will be binding upon
each subcontractor or vendor. The Contractor will
take such action with respect to any subcontract or
purchase order as the contracting agency may direct
as a means of enforcing such provisions, including
sanctions for noncompliance: Provided, however,
that in the event the Contractor becomes involved in,
or is threatened with, litigation with a subcontractor or
vendor as a result of such direction by the contracting
agency, the Contractor may request the United States
to enter into such litigation to protect the interests of
the United states.
The applicant further agrees that it will be bound by
the above equal opportunity clause with respect to its
own employment practices when it participates in
federally assisted construction work; provided, that if
the applicant so participating is a State or local
government, the above equal opportunity clause is
not applicable to any agency, instrumentality or
subdivision of such government which does not
participate in work on or under the contract.
The applicant agrees that it will assist and cooperate
actively with the administering agency and the
Secretary of Labor in obtaining the compliance of
contractors and subcontractors with the equal
opportunity clause and the rules, regulations, and
relevant orders of the Secretary of Labor, that it will
furnish the administering agency and the Secretary of
Labor in obtaining the compliance of contractors and
subcontractors with the equal opportunity clause
and the rules, regulations, and relevant orders of
the Secretary of Labor, that it will furnish the
administering agency and the Secretary of Labor such
information as they may require for the supervision of
such compliance, and that it will otherwise assist the
administering agency in the discharge of the agency's
primary responsibility for securing compliance.
,he applicant further agrees that it will refrain from
entering into any contract or contract modification
subject to Executive Order 1124 of September 24,
1965, with a contractor debarred from, or who has
not demonstrated eligibility for Government
contracts and federally assisted construction
contracts pursuant to the Executive Order and will
carry out such sanctions and penalties for violation
of the equal opportunity clause as may be imposed
upon contractors and subcontractors by the
administering agency or the Secretary of Labor
pursuant to Part II, Subpart D of the Executive
Order. In addition, the applicant agrees that if it
fails or refuses to comply with these undertakings,
the administering agency may take any or all of the
following actions: Cancel, terminate, or suspend in
whole or in part this grant (contract, loan, insurance,
guarantee), refrain from extending any further
assistance to the applicant under the program with
respect to which the failure or refund occurred until
satisfactory assurances of future compliance has
been received from such applicant, and refer the
case to the Department of Justice for appropriate
legal proceedings.
In addition to the above, Contractor will agree to
fumish all information and reports, including
Standard form EEO-1, if applicable, to the U.S.
Equal Employment Opportunity Commission
(EEOC) and the U.S. Department of Labo~s
OFCCP, as required by Executive Order No. 11246
of September 24, 1965.
EQUAL OPPORTUNITY CLAUSE FOR
SPECIAL DISABLED VETERANS
AND VETERANS OF THE VIETNAM ERA
This clause is inserted pursuant to Executive Order 11701 of
January 24, 1973 and the Vietnam Era Veterans
Readjustment Assistance Acts of 1972 and 1974 (P.L. 92-
540, 93-508), and is applicable pursuant to 41 CFR Sec. 60-
250.
(1) The Contractor will not discriminate against any
employee or applicant for employment because he
or she is a disabled veteran or veteran of the
Vietnam Era in regard to any position for which the
employee or applicant for employment is qualified.
The Contractor agrees to take affirmative action to
employ, advance in employment and otherwise
treat qualified disabled veterans and veterans of the
Vietnam Era without discrimination based upon
their disability or veterans status in all employment
practices such as the following: employment,
upgrading, demotion or transfer, recruitment,
advertising, layoff or termination, rates of payor
other forms of compensation, and selection for
training, including apprenticeship.
(2) The Contractor agrees that all suitable employment
openings of the Contractor which exist at the time of
the execution of this contract and those which occur
during the performance of this contract, including
those not generated by this contract and including
those occurring at an establishment of the
Contractor other than the one wherein the contract
is being performed but excluding those of
independently operated corporate affiliates, shall be
Page 2 018
___ ..... ~1 ..^
2007-256
listed at an appropriate local office of the State
employment service system wherein the opening
occurs. The Contractor further agrees to provide
such reports to such local office regarding
employment openings and hires as may be
required.
(3) Listings of employment openings with the
employment service system pursuant to this clause
shall be made at least concurrently with the use of
any other recruitment source or effort and shall
involve the normal obligations which allach to the
placing of a bona fide job order, including the
acceptance of referrals of veterans and non-
veterans. The listing of employment openings does
not require the hiring of any particular job applicant
or from any particular group of job applicants, and
nothing herein is intended to relieve the Contractor
from any requirements in Executive Orders or
regulations regarding nondiscrimination in
employment.
(4) The reports required by paragraph (2) of this clause
shall include, but not be limited to, periodic reports
which shall be filed at least quarterly with the
appropriate local office or, where the Contractor has
more than one hiring location in a State, with the
central office of that State employment service.
Such reports shall indicate for each hiring location,
(a) the number of individuals hired during the
reporting period, (b) the number of non-disabled
veterans of the Vietnam Era hired, (c) the number
of disabled veterans of the Vietnam Era hired, and
(d) the total number of disable veterans hired. The
reports shall include covered veterans hired for on-
the-job training under 38 USC Sec. 1787. The
Contractor shall submit a report within thirty (30)
days after the end of each reporting period wherein
any performance is made on this contract
identifying data for each hiring location. The
Contractor shall maintain at each hiring location,
copies of the reports submitted until the expiration
of one year after final payment under the contract,
during which time these reports and related
documentation shall be made available, upon
request, for examination by any authorized
representatives of the contracting officer or of the
Secretary of Labor. Documentation would include
personnel records respecting job openings,
recruitment and placement.
(5) Whenever the Contractor becomes contractually
bound to the listing provisions of this clause, it shall
advise the employment service system in each
State where it has establishments of the name and
location of each hiring location in the State. As long
as the Contractor is contractually bound to these
provisions and has so advised the State system,
there is no need to advise the State system of
subsequent contracts. The Contractor may advise
the State system when it is no longer bound by this
contract clause.
(6) This clause does not apply to the listing of
employment openings, which occur and are filled
outside of the 50 States, the District of Columbia,
Puerto Rico, Guam and the Virgin Islands.
2007-256
The provisions of paragraphs (2), (3), (4) and (5) of
this clause do not apply to openings which the
Contractor proposes to fill from within his own
organization or to fill pursuant to a customary and
traditional employer - union hiring arrangement.
This exclusion does not apply to a particular
opening once an employer decides to consider
applicants outside of his own organization or
employer - union arrangement for that opening.
(8) As used in this clause:
. (7)
a. "All suitable employment openings" includes, but is
not limited to, openings which occur in the following
job categories: production and non-production;
plant and office; laborers and mechanics;
supervisory and non-supervisory; technical; and
executive, administrative and professional openings
as are compensated on a salary basis of less than
$25,000 per year. The term includes full-time
employment, temporary employment of more than
three (3) days duration, and part-time employment.
It does not include openings which the Contractor
proposes to fill from within his own organization or
to fill pursuant to a customary and traditional
employer - union hiring arrangement nor openings
in an educational institution which are restricted to
students of that institution. Under most compelling
circumstances an employment opening may not be
suitable for listing, including such situations where
the needs of the Govemment cannot reasonably be
otherwise supplied, where listing would be contrary
to national security, or where the requirement of
listing would otherwise not be for the best interest of
the Government.
b." Appropriate office of the State employment service
system" means the local office of the Federal -
State national system of public employment offices
with assigned responsibility for serving the area
where the employment opening is to be filled,
including the District of Colombia, Guam, Puerto
Rico and the Virgin Islands.
c. "Openings which the Contractor proposes to fill
from within his own organization" means
employment openings for which no consideration
will be given to persons outside the Contractor's
organization (including any affiliates, subsidiaries
and the parent companies) and includes any
openings which the Contractor proposes to fill from
regularly established "recall" lists.
d. "Openings which the Contractor proposes to fill
pursuant to a customary and traditional employer -
union hiring arrangemenf means employment
openings which the Contractor proposes to fill from
union halls, which is part of the customary and
traditional hiring relationship which exists between
the Contractor and representatives of his
employees.
Page 3 of 8
Page 22 of 42
(9) The Contractor agrees to comply with the rules,
regulations and relevant orders of the Secretary of
labor issued pursuant to the Act.
(10)
In the event of the Contractor's noncompliance with
the requirements of this clause, actions for
noncompliance may be taken in accordance with
the rules, regulations and relevant orders of the
Secretary of labor issued pursuant to the Act.
(11) The Contractor agrees to post in conspicuous
places, available to employees and applicants for
employment, notices in a form to be prescribed by
the Director, provided by or through the contracting
officer. Such notices shall state the Contractor's
obligation under the law to take affirmative action to
employ and advance in employment qualified
disabled veterans and veterans of the Vietnam Era
for employment, and the rights of applicants and
employees.
(12)
The Contractor will notify each labor union or
representative of workers with which it has a
collective bargaining agreement or other contract
understanding, that the Contractor is bound by the
terms of the Vietnam Era Veterans' Readjustment
Assistance Act, and is committed to take affirmative
action to employ and advance in employment
qualified disabled veterans and veterans of the
Vietnam Era.
(13)
The Contractor will include the provisions of this
clause in every subcontract or purchase order of
$10,000 or more unless exempted by rules,
regulations or orders of the Secretary issued
pursuant to the Act, so that such provisions will be
binding upon each subcontractor or vendor. The
Contractor will take such action with respect to any
subcontract or purchase order as the Director of the
Office of Federal Contract Compliance Programs
may direct to enforce such provisions, including
action for noncompliance.
(14)
Collective bargaining agreement or other contract
understanding, that the Contractor is bound by the
terms of the Vietnam Era Veterans' Readjustment
Assistance Act, and is committed to take affirmative
action to employ and advance in employment
qualified disabled veterans and veterans of the
Vietnam Era.
(15)
The Contractor will include the provisions of this
clause in every subcontract or purchase order of
$10,000 or more unless exempted by rules,
regulations or orders of the Secretary issued
pursuant to the Act, so that such provisions will be
binding upon each subcontractor or vendor. The
Contractor will take such action with respect to any
subcontract or purchase order as the Director of the
Office of Federal Contract Compliance Programs
may direct to enforce such provisions, including
action for noncompliance
2007-256
EQUAL OPPORTUNITY CLAUSE FOR
WORKERS WITH DISABILITIES
This clause is inserted pursuant to the Rehabilitation Act of
1973 (P.L. 93-112) and 41 CFR Sec. 60-741-4.
(1) The Contractor will not discriminate against any
employee or applicant for employment because of
physical or mental handicap in regard to any
position for which the employee or applicant for
employment is qualified. The Contractor agrees to
take affirmative action to employ, advance in
employment and otherwise treat qualified
handicapped individuals without discrimination
based upon their physical or mental handicap in all
employment practices such as the following:
employment, upgrading, demotion or transfer,
recruitment, advertising, layoff or termination, rates
of payor other forms of compensation, and
selection for training, including apprenticeship.
(2) The Contractor agrees to comply with the rules,
regulations and relevant orders of the Secretary of
Labor issued pursuant to the Act.
(3) In the event of the Contractor's non-compliance
with the requirements of this clause, actions for
noncompliance may be taken in accordance with
the rules, regulations and relevant orders of the
Secretary of Labor issued pursuant to the Act.
40f8
Page 23 of 42
(4) The Contractor agrees to post in conspicuous
places, available to employees and applicants for
employment, notices in a form to be prescribed by
the Director, provided by or through the contracting
officer.
(5) Such notices shall state the Contractor's obligation
under the law to take affirmative action to employ
and advance in employment qualified handicapped
employees and applicants for employment, and the
rights of applicants and employees.
(6) The Contractor will notify each labor union or
representative of workers with which it has a
collective bargaining agreement or other contract
understanding, that the Contractor is bound by the
terms of Section 503 of the Rehabilitation Act of
1973, and is committed to take affirmative action to
employ and advance in employment physically and
mentally handicapped individuals.
(7) The Contractor will include the provisions of this
clause in every subcontract or purchase order of
$2,500.00 or more unless exempted by rules,
regulations or orders of the Secretary issued
pursuant to Section 503 of the Act, so that such
provisions will be binding upon each Subcontractor
or vendor. The Contractor will take such action with
respect to any subcontract or purchase order as the
Director of the Office of Federal Contract
Compliance Programs may direct to enforce such
provisions, including action for noncompliance.
STANDARD FEDERAL EQUAL
EMPLOYMENT OPPORTUNITY
CONSTRUCTION CONTRACT PROVISIONS
(EXECUTIVE ORDER 11246, PURSUANT TO
41 CFR 60-4.3 (a)
1. As used in these specifications:
"Covered area" means the
geographical area described in the
solicitation from which this contract
resulted;
a.
b.
"Director" means Director, Office of
Federal Contract Compliance
Programs, United States Department
of Labor, or any person to whom the
Director delegates authority;
"Employer identification number"
means the Federal Social Security
number used on the Employer's
Quarter Federal Tax Return. U.S.
Treasury Departmentform 941.
c.
d.
"Minority'" includes:
(i)
Black (all persons having
origins in any of the Black
African racial groups not of
Hispanic origin):
Hispanic (all persons of
Mexican, Puerto Rican,
Cuban, Central or South
American or other Spanish
Culture or origin, regardless of
race);
Asian and Pacific Islander (all
persons having origins in any
of the original peoples of the
Far East, Southeast Asia, the
Indian Subcontinent, or the
Pacific Islands); and
(ii)
(iii)
(iv)
American Indian or Alaskan
Native (all persons
having origins in any of the
original peoples of North
America and maintaining
identifiable tribal affiliations
through membership and
participation or community
identification).
2.
50f8
Page 24 of 42
2007-256
3.
Whenever the Contractor, or any Subcontractor
at any tier, subcontracts a portion of the work
involving any construction trade, it shall
physically include in each subcontract in excess
of $10 000 the provisions of these specifications
and the Notice which contains the applicable
goals for minority and female participation
and which is set forth in the solicitations from
which this contract resulted.
If the Contractor is participating (pursuant to 41
CFR 60-4.5) in a Hometown Plan approved by
the U.S. Department of Labor in the covered
area either individually or through an
association, its affirmative action obligations on
all work in the Plan area (including goals and
timetables) shall be in accordance with the plan
for those trades which have unions participating
in the Plan. Contractors must be able to
demonstrate their participation in and
compliance with the provisions of any such
Hometown Plan. Each Contractor or
Subcontractor participating in an approved Plan
is individually required to comply with its
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
employees. The overall good faith performance
by other Contractors or Subcontractors toward a
goal in an approved Plan does not excuse any
covered Contractor's or Subcontractor's failure
to take good faith efforts to achieve Plan goals
and timetables.
The Contractor shall implement the specific
affirmative action standards provided in
paragraphs 7a through p of these speCificatio~s.
The goals set forth in the solicitation from whIch
the contract resulted are expressed as
percentages of the total hours of empl~ym~nt
and training of minority and female utilization
the Contractor should reasonable the able to
achieve in each construction trade in which it
has employees in the covered area. Cove~ed
Construction contractors performmg
construction work in geographical areas where
they do not have a Federal or federally assisted
construction contract shall apply the
minority and female goals established for ~he
geographical area where the work IS bemg
performed. Goals are published periodically in
the FEDERAL REGISTER in notice form, and
such notices may be obtained from any Office of
Federal contract Compliance Programs Office or
from Federal procurement contracting officers.
The contractor is expected to make substantially
uniform progress in meeting its goals in each
craft during the period specified.
4.
2007-256
5.
Neither the provIsions of any collective
bargaining agreement, nor the failure by a union
with whom the Contractor has a collective
bargaining agreement, to refer either minorities
or women shall excuse the Contractor's
obligations under these specifications,
Executive Order 11246, or the regulations
promulgated pursuant thereto.
6.
In order for the nonworking training hours of
apprentices and trainees to be counted in
meeting the goals, such apprentices and
trainees must be employed by the Contractor
during the training period and the Contractor
must have made commitment to employ the
apprentices and trainees at the completion of
their training, subject to the availability of
employment opportunities. Trainees must be
trained pursuant to training programs approved
by the U.S. Department of Labor.
7.
The Contractor shall take specific affirmative
actions to ensure equal employment
opportunity. The evaluation of the Contractor's
compliance with these specifications shall be
based upon its effort to achieve maximum
results from its actions. The Contractor shall
document these efforts fully, and shall
implement affirmative action steps at least as
extensive as the follow sixteen (16) steps;
a. Ensure and maintain a working
environment free of harassment,
intimidation, and coercion at all sites,
and in all facilities at which the
Contractor's employees are assigned
to work. The Contractor shall
specifically ensure that all foremen,
superintendents, and other on-site
supervisory personnel are aware of
and carry out the Contractor's
obligation to maintain such a working
environment, with specific attention to
minority or female individuals working
at such sites or in such facilities.
b. Establish and maintain a current list of
minority and female recruitment
sources, provide written notification to
minority and female recruitment
sources and to community
organizations when the Contractor or
its unions have employment
opportunities available, and maintain a
record of the organizations' responses.
c. Maintain a current file of the names,
addresses and telephone numbers of
each minority and female off-the-street
applicant and minority or female
referral from a union, a recruitment
source or community organization and
of what action was taken with respect
6018
Page 25 of 42
d.
to each such individual. If such
individual was sent to the union hiring
hall for referral and was not referred
back to the Contractor by the union or,
if referred, not employed by the
Contractor, this shall be documented in
the file with the reason therefore, along
with whatever additional actions the
Contractor may have taken.
Provide immediate written notification
to the Director when the union or
unions bargaining agreement has not
referred to the Contractor a minority
person or woman sent by the
Contractor, or when the Contractor has
other information that the union referral
process has impeded the Contractor's
efforts to meet its obligations.
Develop on-the-job training
opportunities and/or participate in
training programs for the area, which
expressly include minorities and
women, including upgrading programs
and apprenticeship and trainee
programs relevant to the Contractor's
employment needs, especially those
programs funded or approved by the
Department of Labor. The Contractor
shall provide notice of these programs
to the sources compiled under 7b
above.
e.
f.
Disseminate the Contractor's EEO
policy by providing notice of the policy
to unions and training programs and
requesting their cooperation in
assisting the Contractor in meeting its
EEO obligations by including it in any
policy manual and collective bargaining
agreement; by publizing it in the
company newspaper, annual report,
etc.; by specific review of the policy
with all management personnel and
with all minority and female employees
at least once a year; and by posting the
company EEO policy on bulletin boards
accessible to all employees teach
location where constructi8n work is
performed.
Review, at least annually, the
company's EEO policy and affirmative
action obligations under these
specifications with all employees
having any responsibility for hiring,
assignment, layoff, termination or other
employment decisions including
g.
2007-256
h.
specific review of these items with
onsite supervisory personnel such as
Superintendents, General Foremen,
etc., prior to the initiation of
construction work at any job site. A
written record shall be made and
maintained identifying the item and
place of these meetings, persons
attending, subject matter discussed,
and disposition of the subject manner.
Disseminate the Contractor's EEO
policy externally by including it in any
advertising in the news media,
specifically including minority and
female news media, and providing
written notification to and discussing
the contractor's EEO policy with other
Contractors and Subcontractors with
whom the contractor does or
anticipates doing business.
i.
j.
Direct its recruitment efforts, both oral
and written, to minority, female and
community organizations, to schools
with minority and female students and
to minority and female recruitment and
training organizations serving the
Contractor's recruitment source, the
Contractor shall send written
notification to organizations such as
the above, describing the openings,
screening procedures, and tests to be
used in the selection process.
Encourage present minority and female
employees to recruit other minority
persons and women and, where
reasonable, provide after school,
summer and vacation employment to
minority and female youth both on the
site and in other areas of a
Contractor's work force.
8.
k.
I.
Validate all tests and other selection
requirements where there is an
obligation to do so under 41 CFR Part
60-3.
m.
Conduct, at least annually, an
inventory and evaluation at least of all
minor8ty and female personnel for
promotional opportunities and
encourage these employees to seek or
to prepare for, through appropriate
training, etc., such opportunities.
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
n.
7018
Page 26 of 42
o.
Contractor's obligations under these
specifications are being carried out.
Ensure that all facilities and company
activities are nonsegregated except
that separate or single-user toilet and
necessary changing facilities shall be
provided to assure privacy between the
sexes.
p. Document and maintain a record of all
solicitations of offers for subcontracts
from minority and female construction
contractors and suppliers, including
circulation of solicitations to minority
and female contractor associations and
other business associations.
9.
q. Conduct a review, at least annually, of
all supervisors; adherence to and
performance under the Contractor's
EEO policies and affirmative action
obligations.
Contractors are encouraged to participate in
voluntary associations, which assist in fulfilling
one or more of their affirmative action
obligations (7a - Pl. The efforts of a contractor
association, joint contractor-union, contractor-
community or other similar group of which the
contractor is a member and participant may be
asserted as fulfilling anyone or more of its
obligations provided that the contractor actively
participates in the group, makes every effort to
assure that the group has a positive impact on
the employment of minorities and women in the
industry, ensures that the concrete benefits of
the program are reflected in the Contractor's
minority and female workforce participation
makes a good faith effort to meet its individual
goals and timetables, and can provide access to
documentation which demonstrates the
effectiveness of actions taken on behall of the
Contractor. The obligation to comply, however,
is the contractor's and failure of such a group to
fulfill an obligation shall not be a defense for the
Contractor's noncompliance.
A single goal for minorities and a separate
single goal for women have been established.
The Contractor, however, is required to provide
equal employment opportunity and to take
affirmative action for all minority groups, both
male and female, and all women, both minority
and non-minority. Consequently, the Contractor
may be in violation of the executive Order if a
particular group is employed in a substantially
.
10.
11.
2007-256
disparate manner (for example, even though the
Contractor has achieved its goals for women
generally, the Contractor may be in violation of
the Executive Order if a specific minority group
of women is underulilized).
The Contractor shall not use the goals and
timetables or affirmative action standards to
discriminate against any person because of
race, color, religion, sex, or national origin.
The Contractor shall not enter into any
Subcontract with any person or firm debarred
from Government contracts pursuant to
Executive Order 11246.
12.
The Contractor shall carry out such
sanctions and penalties for violation of these
specifications and of the Equal Opportunity
Clause, including suspension, termination and
cancellation of existing subcontracts as may be
imposed or ordered pursuant to Executive Order
11246, as amended, and its implementing
regulations, by the Office of Federal Contract
Compliance Programs. Any Contractor who fails
to carry out such sanctions and penalties shall
be in violation of these specifications and
Executive Order 11246, as amended.
13.
The Contractor, in fulfilling its obligations under
these specifications, shall implement specific
affirmative action steps, at least as extensive as
those standards prescribed in paragraph 7 of
these specifications, so as to achieve maximum
results from its efforts to ensure equal
employment opportunity. If the Contractor fails
to comply with the requirements of the
Executive Order, the implementing regulations,
or these specifications, the director shall
proceed in accordance with 41 CRF 60-4.6.
The Contractor shall designate a responsible
official to monitor all employment related activity
to ensure that the company EEO policy is being
carried out, to submit reports relating to the
provisions hereof as may be required by the
Govemment and to keep records. Records
14.
shall at lease include for each employee the
name, address, telephone numbers,
construction trade, union affiliation if any,
employee identification number when assigned,
social security number, race, sex, status (e.g.,
mechanic, apprentice trainee, helper, or laborer)
dates of changes in status, hours worked per
week in the indicated trade, rate of pay, and
locations at which the work was performed.
Records shall be maintained in an easily
understandable and retrievable form; however,
to the degree that existing records satisfy this
requirement, contractors shall not be required to
maintain separate records.
15. Nothing herein provided shall be construed as a
limitation upon the application of other laws
which establish different standards of
compliance or upon the application of
requirements for the hiring of local or other area
residents (e.g. those under the Public Works
Employment Act of 1977 and the Community
Development Block Grant Program).
a) The notice set forth in 41 CFR 60-4.2 and
the specifications set forth in 41 CFR 60-4.3
replace the New Form for Federal Equal
Employment Opportunity Bid conditions for
Federal and federally Assisted Construction
published at 41 CFR 32482 and commonly
known as the Model Federal EEO Bid
Conditions, and the New Form shall not be
used after the regulations in 41 CFR Part
60-4 become effective.
Minority Goals
The goal for the utilization of women employees on
federally-assisted construction contracts is set at 6.9%.
The goal for utilization of minorities, based on the
Standard metropolitan Statistical Area (SMSA) for
Riverside/San Bernardino County is 19%.
For additional information on these goals, please contact
the OFCCP-Pacific Region at (415) 848-6969.
80f8
Page 27 of 42
2007-256
. '
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
2007-256
, .
.' . i
ADDITIONAL REQUIRED
DOCUMENTS
AND
SAMPLE DOCUMENTS
Page 29 of 42
2007-256
.
'Complete if person other than owner is sianina certified pavroll/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
2007-256
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2007-256
. .
,Department of labor
Wage and Hour Division
FOflT\Approved.
BWg8IBInaI No. 44-Rl093
STATEMENT OF COMPLIANCE
Date
I,
(Name of signatory party)
, do hereby state:
(Title)
(1) That I payor supervise the payment of the persons employed by (Contractor or Subcontractor) on the
(Project) , that during the payroll period commencing on the day of _
, 2 , and ending on the day of , 2 ,all
persons employed on said project have been paid the full weekly wages eamed; that no rebates have been or will be made either directly or
indirectly to or on behalf of said from
the full weekly wages eamed by any person; and (Contractor or Subcontractor) that
no deductions have been made either directly or indirectly from the full wages eamed by any person, other than pennissible deductions as defined
in Regulations, Part 3 (29 CFR SubtiUe A), issued by the Secretary of Labor under the Copeland Act, as amended (48 Stat. 948; 63 Stat. 108; 72
Stat. 967; 76 Stat. 357; 40 U.S.C. 276c), and described below:
(2) That any payrolls otherwise under this contract required to be submiUed 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 detennlnation 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 Stales 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:
(oj WHERE FRINGE BENEFITS ARE PAID TO APPROVED PLANS. FUNDS. OR PROGRAMS
o In addition to the basic hourly wage rates paid to each laborer or mechanic listeel in the above referenced payroll
payments of fringe benefits as listed in the contrad 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
o 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.
fonnWH-348(11e8)Pun:haI8thl8fomldlredlyfromtheSupl.ofOooJmenls
Page 33 of 42
2007-256
INSTRUCTIONS FOR PREPARATION OF
STATEMENT OF COMPLIANCE
This statement of compliance meets needs resulting from the amendment of the Davis-Bacon Act to
include fringe benefits provisions. Under this amended law, the contractor is required to pay fringe benefits
as predetermined by the Department of Labor, in addition to payment of minimum rates. The contractor's
obligation to pay fringe benefits may be met by payment of the fringes to the various plans, funds, or
programs, or by making these payments to the employees as cash in lieu of fringes.
The contractor should show on the face of his oavroll all monies oaid to the emolovees whether as basic
rates or as cash in lieu of fringes. The contractor shall represent in the statement of compliance that he is
oavina to others fringes required by the contract and not paid as cash in lieu of fringes. Detailed
instructions follow:
Contractors who oav all reauired frinae 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 oav no frinae benefits:
A contractor who pays no fringe benefits shall pay to the employee and insert in the straight time hourly
rate column of his payroll an amount not less than the predetermined rate for each classification plus the
amount of fringe benefits determined for each classification in the applicable wage decision. Inasmuch as it
is not necessary to pay time and a half on cash paid in lieu of fringes, the overtime rate shall be not less
than the sum of the basic predetermined rate, plus the half-time premium on the basic or regular rate plus
the required cash in lieu of fringes at the straight time rate. To simplify computation of overtime, it is
suggested that the straight time basic rate and cash in lieu of fringes be separately stated in the hourly rate
column. In addition, the contractor shall check paragraph 4(b) of the statement to indicate that he is paying
fringe benefits in cash directly to his employees. Any exceptions shall be noted in Section 4(c).
Use of Section 4(c) Exceotions
Any contractor who is making payment to approved plans, funds, or programs in amounts less than the
wage determination requires is obliged to pay the deficiency directly to the employees as cash in lieu of
fringes. Any exceptions to Section 4(a) or 4(b), whichever the contractor may check, shall be entered in
Section 4(c). Enter in the Exception column the craft, and enter in the Explanation column the hourly
amount paid the employees as cash in lieu of fringes, and the hourly amount paid to plans, funds, or
programs as fringes.
Page 34 of 42
2007-256
SAMPLE - AFFIRMATIVE ACTION PLAN 1 -
INSTRUCTIONS FOR COMPLETING CONTRACT COMPLIANCE
QUALIFYING REPORT
I. JOB CATEGORY
Data is to be completed for all listed job categories of
employees.
Deflnltlons:
Administrators: Occupations which require that employees set
broad policies, exercise overall responsibility for execution of
these policies, direct Individual departments or a special phase
of the contractor's operations, or provide specialized
consultation on a regional, district or area basis.
Includes: directors, deputy directors, department heads
controllers. foremen supervisors, inspectors, and kindred
workers.
Professional: Occupations which require specialized and
theoretical knowledge which is usually acquired through college
training or through work experience and other training which
provides comparable knowledge.
Indudes: personnel and labor relations worXers, social workers,
doctors psychologists, registered nurses, economists, dietitians,
lawyers, system analysis, accountants. engineers, employment
and vocational rehabilitation counselors, teachers or instructors,
and kindred workers.
Technical: Occupations which require a combination of basic
scientific or technical knowledge and manual skill which can be
obtained through specialized post-secondary school education
or through equivalent on-the-job training.
Includes: computer programmers and operators, draftsmen,
surveyors, licensed practical nurses, photographers, radio
operators, technical illustrators, highway technicians, technicians
(medical, dental, electronic, physical sciences), assessors,
inspectors, and kindred workers.
Sales: Occupations in which the act of selling takes place:
exchange of property of any kind, or of services for an agreed
sum of money or other valuable consideration. One employed
as a traveling agent or representative to sell goods or services.
OffIce and Clerical: Occupations in which workers are
responsible for internal and external communication, recording
and retrieval of data and/or information and other paperwork
required in an office.
Includes: bookkeepers. secretaries, office machine operators,
clerk typists, stenographers, statistical clerks, dispatchers,
payroll clerks, messengers, and kindred workers.
Skilled: Occupations In which workers perfonn jobs which
require special manual skill, a thorough and comprehensive
knowledge of the processes Involved in the work which is
acquired through on-the-job training, experience, through
apprenticeship or other formal training programs.
Includes: mechanics and repairmen, electricians, heavy
equipment operators, stationary engineers, skilled machinist
occupations, carpenters, and compositors and typesetters, and
kindred workers.
Operative (Semiskilled): Occupations in which workers are
partly skilled, or doing manual work that requires only limited
training, experience or knowledge.
Laborers (Unskilled): Occupations in which a worker perfonns
a variety of manual work in the maintenance, repair or
construction of highways, buildings, and other facilities; unskilled
worker who brings materials to, and does preparation work for,
skilled workers in a trade.
Service Workers: Occupations in which workers perfonn duties
which result in or contribute to the comfort, convenience,
upkeep and care of buildings, facilities or grounds of public
property. Workers in this category may operate machinery.
Includes: chauffeurs, laundry and dry cleaning operators, truck
drivers, bus drivers, garage laborers, custodial persons,
gardeners and grounds keepers, refuse collectors, construction
laborers.
II. CURRENT WORK FORCE
This category is to establish the contracto~s current employee
status.
A. Total number of employees: The contractor is to fill out the
total number of persons curren~y employed in each job
category.
B. Black: The contractor is to place the current number of
Black employees in each box in this column for each job
category.
C. Hispanic: The contractor is to place the current number of
employees of Hispanic origin in each box in this column for
each job category.
D. Asian or Pacific Islanders: The contractor is to place
current number of employees of Asian or Pacific Island
origin in each box in this column for each job category.
E. American Indian or Alaskan Native: The contractor is to
place the current number of American Indian or Alaskan
Native employees in each box in this column for each job
category.
F_ Total Minority: The number to be placed in each box in the
column can be reached by adding the current number of
Black, Hispanic, Asian, Pacific Islander, American Indian,
and Alaskan Native employees written in the four previous
columns.
G. Total Females: In each box in this column the contractor
shall place the total number of white and minority females
employed in each job category.
III. UNDERUTllIZATION
To establish whether under-utilization exists, a contractor must
detennine whether the "total minority" percentages and "total
female percentages" in each job classification are lower than
would reasonably be expected by their availability.
After making this comparison, the contractor should place a
check mark in the box that applies ('yes" or "no") for each
category.
IV. ANTICIPATED HIRING
The contractor should state the number of employees the
contractor plans to hire both as additional employees and
replacements for each job category.
Page 35 of 42
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2007-256
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.
o A. This is now a practice of our Company.
o B. Our Company will adopt this policy.
D C. Our Company cannot or will not adopt this policy.
Explain "C'
2. Our company will actively use recruitment sources such as employment agencies, unions, and schools
that have a policy of referring applicants on a nondiscriminatory basis.
o A. This is now a practice of our Company.
o B. Our Company will adopt this policy.
D C. Our Company cannot or will not adopt this policy.
Explain "C'
3. Our company will disseminate its affirmative action policy externally by informing and discussing it with
all recruitment sources, by advertising in news media, specifically including minority news media, and
by notifying and discussing policy with all local minority, handicapped and women's organizations and
subcontractors and shall maintain records of the organizations responses.
o A. This is now a practice of our Company.
o B. Our Company will adopt this policy.
D C. Our Company cannot or will not adopt this policy.
Explain "C'
Page 37 of 42
2007-256
.
SAMPLE - AFFIRMATIVE ACTION PLAN PART 2 -
AFFIRMATIVE ACTION POLICY
FOR CONTRACTORS, SUBCONTRACTORS AND VENDORS (Continued)
~ i I \.
Our company shall make specific and constant personal, written, and oral recruitment efforts directed at
all local minority, handicapped and women's organizations, including schools, recruitment and training
organizations.
o A. This is now a practice of our Company.
o B. Our Company will adopt this policy.
D 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.
D A. This is now a practice of our Company.
D B. Our Company will adopt this policy.
o C. Our Company cannot or will not adopt this policy.
Explain 'C'
6. Our company will maintain a file of the names and addresses of each minority applicant and female
applicant referred to the company for hiring, and if the applicant is not considered for employment or
was not employed, the company's file should document this and the reason therefore.
o A. This is now a practice of our Company.
o B. Our Company will adopt this policy.
o C. Our Company cannot or will not adopt this policy.
Explain 'C'
7. Our company shall notify the implementing entity Contract Compliance Officer when the union or
unions with whom our company has a collective bargaining agreement have not referred to the
company a minority, handicapped, or female worker sent for by the company or the company has
other information that the union referral process has impeded the company's effort to meet the
established goals of affirmative action.
o A. This is now a practice of our Company.
o B. Our Company will adopt this policy.
D C. Our Company cannot or will not adopt this policy.
Explain 'C'
8. Our company will actively take steps to integrate any positions, departments or plant location which
have no women or minorities or are almost staffed with one particular group.
o A. This is now a practice of our Company.
o B. Our Company will adopt this policy.
o C. Our Company cannot or will not adopt this policy.
Explain 'C'
9. Our company shall insure that all employee specifications, selection requirements, tests, and other
employee recruitment or evaluation procedures do not discriminate against minorities, handicapped, or
women.
o A. This is now a practice of our Company.
o B. Our Company will adopt this policy.
o C. Our Company cannot or will not adopt this policy.
Explain 'C'
Page 36 of 42
,
, .
2007-256
.
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
D A. This is now a practice of our Company.
D B. Our Company will adopt this policy.
D 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.
D A. This is now a practice of our Company.
D B. Our Company will adopt this policy.
D 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
D A. This is now a practice of our Company.
D B. Our Company will adopt this policy.
D 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.
D A. This is now a practice of our Company.
D B. Our Company will adopt this policy.
D 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.
D A. This is now a practice of our Company.
D B. Our Company will adopt this policy.
D 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.
D A. This is now a practice of our Company.
D B. Our Company will adopt this policy.
D C. Our Company cannot or will not adopt this policy.
Explain 'C'
Page 39 of 42
'. I'r
.
2007-256
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.
o A. This is now a practice of our Company.
D B. Our Company will adopt this policy.
D 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.
D A. This is now a practice of our Company.
D B. Our Company will adopt this policy.
D C. Our Company cannot or will not adopt this policy.
Explain .C'
Date
Signature
Title
Page 40 of 42
Record of
,', (.
Employee fnterview
2007-256
u.s. Department of Housing
and Urban Development
Office of Labor Relations
OMB Approval No. 2501-0009
(exp. 1/31/2000)
.
Public reporting burden for this collection of information is estimated to average 15 minutes per response. including the time for reviewing instructions. searching
existing data sources, gathering and maintaining the data needed, and completing and review the collection of Information. This agency may not collect this Information,
and you are not required to complete tills fann, unless it displays a currently valid OMS control number.
The information is collected to ensure compliance with the Davis-Bacon Act by recording interviews with construction 'Narkars. The information ~Iected 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.
Senaltlvelnformatlon. 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 ans'N8rs on a separate sheet if necessary) Apprentice? Yes No
6. Your duties
7. Tools or equipment used
B. 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
I Date of interview
Payroll Examination
13. Remarks (Continue on a separate sheet If needed)
14. Signature of Payroll Examiner
I Date
Previous editions are obsolete
Ionn HUO.li (5193
Page 41 of 42
2007-256
.
.
.
CERTIFICATE OF OWNER'S ATTORNEY
the duly authorized and
do hereby certify as
We, the undersigned,
acting legal representative of
follows:
I have examined the attached Contract(s) and surety bonds and the manner of
execution thereof, and I am of the opinion that each of the aforesaid agreements has
been duly executed by the proper parties thereto acting through their duly authorized
representatives; that said representatives have full power and authority to execute said
agreements on behalf of the respective parties named thereon; and that the foregoing
agreements constitute valid and legally binding obligations upon the parties executing
the same in accordance with terms, conditions and provisions thereof.
Signed
Date
0.,........ A?...f A?
, " ..
2007-256
.
. .
,
.
Exhibit-L of ~
COUNTY OF SAN BERNARDINO
DEPARTMENT OF COMMUNITY DEVELOPMENT AND HOUSING
ProjectJ Activity Title:Muscoy: Security Cameras and
Door at Delmann Heights Community Center
Case #: 215-32103/3038
P.O. Contract #:
Vendor ID:
Subreciplent Name and Address:
City of San Bernardino
P.O. Box 1318
San Bernardino, CA 92418
Project Effective:
Month of:
From:
Invoice #:
To:
MONTHLY REPORT OF GRANT EXPENDITURES
AND REOUEST FOR REIMBURSEMENT
Col.! Col.2 Col.3 Col.4 Col.S Col. 6
Proj/Case Grant Amonnt 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) fimds 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:
0.,.........<1 ^f1
, II .
2007-256
"
. , ,
.
,,'
.
EXHIBIT 5
of 5
COUNTY OF SAN BERNARDINO DEPARTMENT OF COMMUNITY DEVELOPMENT AND HOUSING
Proiect! Activitv Title: Muscoy: Security Cameras and Door at Delmann
Heights Conununity Center
Case Number: 215-32103/3038
NamelAddress of Contractor Agencv:
Boys and Girls Club of San Bernardino
1180 West 9th Street
San Bernardino, CA 92411
Date ofIssue:
X Original: Beginning
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 wi CDH
COMPREHENSIVE GENERAL AND AUTOMOBILE LIABILITY INSURANCE
Name of Contractor's General Insurance Company:
Limits ofLiabilitv Effective Dates:
Additional Insured Endorsement Attached
Certificate of Insurance Attached
Yes
No: On File wi CDH
No: On File wi CDH
Per Occurrence $
Annual Aggregate $
Yes
Name of Contractor's Automobile Liability Insurance Company:
Limits of Liabilitv Effective Dates:
Per Person $
Per Accident $
Damage Liability $
Combined Single Limit $
ERRORS AND OMISSIONS LIABILITY INSURANCE
Name of Contractor's Insurance Company:
Effective Dates:
Additional Insured Endorsement Attached
Certificate of Insurance Attached
Limits of Liabilitv
Per Occurrence $
Annual Aggregate $
Yes
Yes
No: On File wi CDH
No: On File wi CDH
PROFESSIONAL LIABILITY INSURANCE
Name of Contractor's Insurance Company:
Effective Dates:
Additional Insured Endorsement Attached
Certificate of Insurance Attached
Limits of Liabilitv
Per Occurrence $
Annual Aggregate $
Yes
No: On File wi CDH
Yes _No: On File wi CDH