November 2022
SECTION 5 – AGREEMENT
- 71 - Page 431 of 447
Loca l Assistance Procedures Manua l
i. Except for transactions authorized t.Wlder paragraph e of these instructions. if a panicipant in a covered transaction knowing~ enters into a lower tier covered transact>on with a person who ,s suspended, debarred, ineligible. or voluntarily excluded from participation in this transaction. in aodition to other remeoies available to the Federal Government, the department or agency with which this ttansactioo origrnated may porsue ava1la~ e remed;es, inoludlog suspension a.ndfor debarment. 2 CFR 180..325.
Certification Regar ding Debarment. suspension, ~ eligibl ity a.nd Voluntary Exclusion ~ ower Tier Partic ipants :
1. The prospective lower tier participant certifies. by submission of this proposal, that neither it nor its principals:
(a) is p,esendy debarred, suspended, proposed toe debarment. dedared ineligible. or volumanly exd uded from paoopating in covered transactions by any Federal department or agency, 2 CFR 180,355;
(b) is a corporation ihat has been convicted of a felony violation ul"lder any Federal law within the two-year period pteced.-.g this propos,al (USDOT Order 4200,6 implementing approp,iations act requirements): and
(c) ls a corporation with any unpaid Federal tax fabilty that has been assessed. for which all judicial and adm!nis!rative remedies have been exhausteo, or have lapsecl, and that is not being paid in a timely manner pursuani to an agreement with the authority respons,tle for ocllecllng the tax liabt ity. (US DOT Order 4200.6 implamenting appropriations a ct requiremenls}
2. Where the prospective lower tie< participant is unable to certify to any of tha staternoots In this 00ftif1cat1on. sod\ prospective participa_nt should attach an explanation to this proposal
XL CERTFICATION REGARDING USE OF CONTRACT FUNDS
FOR LOBBYING
This provision is applica~e to all Federal-aid oonstruction contracts and to al related subcontracts which exoeed $100,000. 49 CFR Part
20. App. A.
1. The prospective participant certmes . by signing and submitting this bid °' prOiX)sal to the best of his or he< knoi.-.fedge and belief. that:
a. No Federal appropriated funds have been paid or wil be paid, by or on behalf of the undersigned. to any person for influencing or attempting to influence an officer°' emi:foyee of any Federal agency, a Member of Congress. an offioer or en,ployee of Congress. or an employee of a Member of Congress in oonnection with the awarding of any Federal contract. the making of a.ny Federal grant. the making of any Federal loan, the oot&ring Into of any coop«a tlve agreement and the extension, continuation, renewal amendment. or modification of any Federal contract, grant. loan. or cooperative agreement. b. I f any funds other than Federal appropriated funds have been paid or wil be paid to ariy person for influenc:ing or attempting to influence an offioer or empb yee of any Federal agency. a Member of Congress. an officer or employee of Congress. Of an employee of a Member of Congress ln connection with this Federal contract. grant, loan, or cooperative agreement.. the undersigned shall complete and submit Standard F~L. "Disclosure Form to Report Lobbying.• in accordance with its instructions.
71 Exhibit 12-0
Require d Federal-Aid Co ntract Language
2. This certification is a material representation of fact upon whieh reliance was placed when this transadion was made or entered into.
Submission of this certification is a prerequisite for making or ente<lng into this transactkl<l Imposed by 31 U.S,C, 1352. Any person wtlo falls to fil& the required certificatiOtl shall be SUbJecl to a dvil penalty oJ not less than $10,000 and not moce than S100.000 for each such fal ure.
3. The prospective participant also agrees by submitting its bid or proposal that the participant shall require that the language of this certification be included in al lower tier subcontracts. Which exe&ed $100,000 and that all such recipients -shall certify aod djsd ose accocdingly.
XII, USE OF UNITED STATES,FLAG VESSELS:
This provision is apptcable to al Federal-aid construction contracts, desigr'M)Uil:t conttacts, subcontracts. l::,'l\•er~ier subcontracts. purchase orders. lease agreements, or any other oovered transaction. 46 CFR Part 381.
This requirement apl=fies to material or equipmenl that is acquired for a specific Feoerak,id highway p,ojecL 46 CFR 381.7. It is not applicable to goods or materials that come into inventories indep&ndoot of an FHWA fu.nded-contraCI.
When oceanic shipments (O< shipments across the Great l akes} are necessary fo, materials or equipment acquired for a specific Fed~ aid coo:Struction ptoject, the bidder, proposer, contractor, subcontractor. or vendor agrees.:
1. To utilize prtva1ety ovmed United S1at es◄ ag c.omroordal vessels to ship at least 50 percent ol the gross tonnage (computed separatety for dry bulk carriers, ay cargo Jine,s. and tankers} involved. whenever shipping any equipment. material. or commodities pursuant to this contract. to the extent such vessels are ava·lable at fair and reasonable rates for United States-flag commercial vessels. 46 CFR 381.7.
2. To furnish within 20 days lollowing the date of loading for shipments originating within the United States or within 30 working days fol owu,g the date of loading for shipments originating outside the United Stales, a laglble copy of a rated, ·~board' convneteial oc..,n b<~ oog in English fo, each shipment of ca,go described in paragraph (bX1)of this section to both the Contracmg Officer (throogh the prime contractor in the case of subcontractor bil ls-o► lading) and lo the Office of Cargo and Con,merc::iat Sealift (MAR- 620). Maritime Administration, Washington, DC 20590. (MARAO requires copies of the ocean carrier's (master) bils of lading. certified onboard. dated, with rates and Charges. These bills of lading may contain business sensitive information and therefore may be submitted directly to MARAO by the Ocean Transportation lntennediary on behalf of the contractO<~ 46 CFR 381.7.
Novembe r 2022
SECTION 5 – AGREEMENT
- 72 -
–
IN WITNESS THEREOF, these parties have executed this Construction Agreement on the day and year shown below.
Date: "CITY"
CITY OF GARDEN GROVE
B y:
Lisa Kim
City Manager
ATTEST:
City Clerk
Date: "CONTRACTOR"
RJ NOBLE COMPANY
CONTRACTOR'S State License No.
782908 Class A &C12
(Expiration Date: 8/31/2024 )
CONTRACTOR'S DIR No. 1000004235
Expiration Date: 06/30/2025
By: Jacob Breedlove
Title: Secretary
Date:
APPROVED AS TO FORM:
______________________________
Garden Grove City Attorney
If CONTRACTOR is a corporation, a Corporate
Resolution and/or Corporate Seal is required.
Date:__________________________
73 EXHIBIT A
(Form HUD-4010, the Federal Labor Standards Provision of the United States) Federal Labor Standards Provisions U.S. Department of Housing and Urban Development Office of Labor Relations
1 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 follo wing Federal Labor Standards Provisions are included in this Contract pursuant to the provisions applicable to such Federal assistance.
(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 acco unt (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 th an 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. Contri butions made or costs reasonab ly 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 )(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 classification of work actually performed, without regard to skill, except as provided in 29 CFR.
Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additi onal classification and wage rates conformed under 29 CFR 5.5(a)(1)(ii) and the Davis-Bacon poster (WH1321) shall be posted at all times by the contractor an d its subcontractors at the site of the work in a prominent and accessible, place where it can be easily seen by the workers. (ii) (a) Any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. HUD shall approve an additional classification and wage rate and fringe benefits therefor only when the following criteria have been met:
(1) The work to be performed by the classifi cation 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 benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (b) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or its designee agree on the classification and wage rate (including the amount desi gnated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or its desi gnee fo 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
74 every additional classification action within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 3D-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB control number 1215* 0140.) (c) In the event the contractor, the laborers or mechanics to be employed in the classification or their represen tatives, and HUD or its designee do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), HUD or its designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or its designee, to the Administrator for determination.
The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advice HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the O ffice of Management and Budget under OMB Control Number 1215-0140.)
(d) The wage rate (including frin ge benefits where appropriate) determined pursuant to subparagraphs (l)(ii)(b) or (c) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification.
(iv) If the contractor does not make payments to a trustee of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Se cretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis Bacon Act have been met.
The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140.)
2. Withholding. HUD or its designee shall upon its own action or upon written request of an authorized representative of th e Department of Labor withhold or cause to be withheld from the contractor 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 payments or advances as may be considered necessary to pay laborers an d mechanics, including apprentices, trainees and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract in the event of failure to pay any laborer or mechanic, including any apprentice, trainee or helper, employed or working on the site of the work, all or part of the wages required by the contract, HUD or its designee may, afte r 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 contra ctor, 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 an d basic records relating thereto shall be maintained by the contractor du ring the course of the work preserved for a period of three years thereafter for all laborers and mechanics working at the si te of the work. Such records shall contain the name, address, and social secu rity number of each such worker, his or her correct classification, ho urly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalent s thereof of the types described in Section I(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)(l)(iv) that the wages of any laborer or mechanic include the amount of any costs (iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is no t expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof.
75 reasonably anticipated in prov iding benefits under a plan or program described in Section I(b)(2)(B) of the Davis Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforcea ble, 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. Cont ractors employing apprentices or trainees under approved programs shall maintain written evidence of th e 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 tran smission to HUD or its designee. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR except that full so cial security numbers and home addresses shall not be included on weekly transmittals, Instead the payrolls shall only need to include an individually identifying number for each employee (e.g., the last four digits of the employee's social security number)- The required weekly payroll information may be submitted in any form desired. Optional Form WH-347 is available for this purpose from the Wage and Hour Division Web site at htto://www. dol. aov/esa/whdJform s/wh347instr.htm or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors.
Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to HUD or its designee if the agency is a party to the cont ract, but if the agency is not such a party, the contractor will submit the payrolls to the applicant sponsors or owner, as the case may be, for transmission to HUD or its designee, the contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this subparagraph for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to HUD or its designee. (Approved by the Office of Management and Budget under OMB Control Number 1215-01 49.)
(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 provided under 29 CFR 5.5 (a)(3)(ii), the appropriate information is being maintained under 29 CFR
5.5(a)(3)(i), and that such information is correct and complete;
(2) That each laborer or mechanic (including ea ch helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the fu ll weekly wages earned, without rebate, either directly or indire ctly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in 29 CFR Part 3;
(3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivale nts for the classificati on of work performed, as specified in the applicable 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).
5.5(a)(3)(i)
76 (d) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code.
(iii) The contractor or subcontractor shall make the records required under subparagraph A.3- (i) available for inspection, copying, or transcription by authorized representatives of HUD or its designee or the Department of Labor, and sha ll permit such representatives 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 pursuant to 29 CFR 5.12.
4. Apprentices and Trainees.
Expressed as a percentage of the journeymen ho urly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice cl assification, fringes shall be pa id in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agen cy 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.
(i) 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 approval, 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 th an permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman ho urly 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 no t mention fringe benefits, trainees• shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on th e payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Tr aining Administration withdr aws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved- (ii) Equal employment opportunity. The utilization of apprentices, 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 contractor shall comply with the requirements of 29 CFR Part 3 which are incorporated by reference in this contract
77 6. Subcontracts. The contractor or subcontractor will insert in any subcontracts the clauses contained in subparagraphs I through 11 in 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 requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in this paragraph. 7, Contract termination; debarment. A brea ch of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contra ct and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.1 2.
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 subcon tractors) and HUD or its designee, the U.S.
Department of Labor or the employees or their representatives.
10. (i) Certification of Eligibility. By entering into this contract the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of Section 3(a) of the Davis-Bacon Act 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 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 1 8, U.S.Cs, "Federal Housing Administration 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-
I l . Complaints, Proceedings, or Testimony by Employees. No laborer or mechanic to whom the wage, salary, or other labor standards provisions of this Contract are applicable shall be discharged or in any other manner discriminated against by the Contractor or any subcontractor because such employee has 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 provisions of this paragraph B are applicable where the amount of the prime co ntract exceeds $100,000- As used in this paragraph, the terms "laborers" and "mechanics" include watchmen and guards. (1) Overtime requirements. No contractor or su bcontractor contracting 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 the individual is employed on such work to work in excess of 40 hours in such workweek 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 subparagraph (1) of this paragraph, the contractor and any subcontractor responsible therefor shall be liable for the unp aid wages. In addition , such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for
5. 12(a)( 1)
78 the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be comput ed with respect to each individual laborer or mechanic, including watchmen and guards, empl oyed in violation of the clause set forth in subparagraph (1 ) of this paragraph, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of 40 hours without payment of the overtime wages required by the clause set forth in sub paragraph (1) of this paragraph.
(3) Withholding for unpaid wages and liquidated damages. HUD or its designee shall upon its own action or upon written request of an au thorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contract, or any other Federally-assisted contract subject to the Contract Work Hours and Safety Standards Act which is held by the same prime contractor such sums as may be determined to be necessary to satisfy any liab ilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided jn the clause set forth in subparagraph (2) of this paragraph.
(4) Subcontracts. The contractor or subcontrac tor shall insert in any subcontracts the clauses set forth in subparagraph (I) through (4) of this paragraph and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcon tractor or lower tier subcontractor with the clauses set forth in subparagraphs (I) through (4) of this paragraph.
C. Health and Safety. The provisions of this paragraph C are applicable where the amount of the prime contract exceeds $100,000.
(1) No laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his he alth and safety as determined under construction safety and heal th standards promulgated by the Secretary of Labor by regulation.
(2) The Contractor shall comply with all regu lations issued by the Secretary of Labor pursuant to Title 29 Part 1926 and failure to co mply may result in im position of sanctions pursuant to the Contract Work Hours and Safety Standards Act, (Public Law 91-54, 83 stat 96). 40 USC 3701 et seq.
(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 subcontractor as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions
79 EXHIBIT B
STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY
CONSTRUCTION CONTRACT SPECIFICATIONS
(EXECUTIVE ORDER 11246)
1. As used in these specifications:
a. "Covered area" means the geographical area described in the solicitation from which this contract resulted.
b. "Director" means Director, Office of Federal Contract Act Compliance Program, United States Department of Labor, or any person to whom the Director delegates authority.
c. "Employer identification number" mean s the Federal social security number used on the Employer's Quarterly Federal Tax Return, U.S. Treasury Department Form 941.
d. "Minority" includes:
(i) Black (all persons having origins in any of the black African racial groups not of Hispanic origin)
(ii) Hispanic (all persons of Mexican, Puerto Rican, Cuban Central or South American, or other Spanish Culture or origin, regardless of race) (iii) 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)
(iv) American Indian or Alaskan Native (all groups having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification)
2. Whenever the Contractor or any Subcontractor at any tier subcontracts a portion of the work involving any construction trade, it must physically include in each subcontract in excess of $10,000 the provisions of these specifications and the Notice that contains the applicable goals for mino rity and female participation and which is set forth in the solicitations from which the contract resulted.
3. If the Contractor is participating (pursuant to 41 CFR Part 60-4.5) in a Hometown Plan approved by the U.S. Department of Labor in the covered area either individually or through as association, its a ffirmative action obligations on all work in the Plan area (including goals and timetables) must be in accordance with that 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 participat ing in an approved Plan is individually required to comply with its obligations under the Equal Employment Opportunity (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 Contractors or Subcontractors failure to take good faith efforts to achieve the Plan goals and timetables.
80 4. The Contractor must implement the specific affirmative ac tion standards provided in Section VIl, Paragraphs 7a through 7p of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female tuition that the Contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. Covere d construction contractors performing construction work in geographical areas where they do not have a Federal or federally assisted construction contract must appl y the minority and female goals established for the geographical area where the work is being performed. Goals are published periodically in the Federal Register in notice of and such notices may be obtained from any Office of Federal Contract Compliance Programs or from Federal procurement Contracting Officers. The Contractor is expected to make substantially uniform progress toward meeting its goals in each craft during the period specified.
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 will excuse the Contractors obligations under these specifications, Executive Order 11246, nor the regulations promulgated pursuant thereto.
6. In order for the nonworking training hours of apprentices and trainees to be counted in meeting the goals, apprentices and train ees must be employed by the Contractor during the training period and the Contractor must have made a 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 must take specific affirm ative actions to ensu re equal employment opportunity. The evaluation of the Contract ors compliance with th ese specifications must be based upon its effort to achiev e maximum results from its actions. The Contractor must document these efforts fully and must im plement affirmative action steps at least as extensive as the following:
a. Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites and in all sites at which the Contractors employees are assigned to work. The Contractor, wher e possible, will assign two or more women to each construction project. Th e Contractor must specifically ensure that all foremen, superintendents, and other onsite supervisory personnel are aware of and carry out the Contractor's obligations 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 organization's responses.
c. Maintain a current file of the names, addresses, and telephone numbers of each minority and female off-the-street applicant; and minority and female referral from a union, a recruitment source or community organization; and of what action was taken with respect to each su ch individual. If su ch individual was sent to the union hiring hall for refe rral and was not referred back to the Contractor by the union or, if referred, not employed by the Contractor; this must be documented in the file with th e reason therefor, along with whatever additional actions the Contractor may have taken.
d. Provide immediate written notification to the director when the union or unions with which the Contractor has a collective bargaining agreement have not
81 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 had impeded the Contractor's efforts to meet its obligations. e. Develop on-the-job training opportunities or participate in training programs for the area that expressly includes minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the Contractors employment needs, especially those pr ograms funded or approved by the Department of Labor. The Contractor must provide notice of these programs to the sources compiled under Section VII 7b above.
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 publicizing it in the company newspaper, annual report, etc.; specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posing the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed.
Review, at least annually, the company's EEO policy and affirmative action obligations under these specifications with all employees having any responsible for hiring, assessment, layoff, termination, or their employment decisions, including specific review of these items with onsite supervisory personnel such as superintendents, general foreman etc., prior to the initiation of construction work at any job site. A written record must be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter. h. Disseminate the Contract'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. Direct its recruitment effort s, both oral and written, to minority, female, and community organizations: to schools with minorities and female students, and to minority and female recruitment an d training organizations serving the Contractor's recruitment area and em ployment needs. Not later than one month prior to the date for the acceptance of the applications for apprenticeship or other, training by any recruitment sources, the Contractor must send written notification to organizations such as the above, describing the openings, screening procedure, and tests to be used in the selection process. j. 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 workforce.
k. Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60-3.
1. Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities.
g.
82 m. Ensure that seniority practices, job classification 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 Contractor's obligations under these specifications are being carried out.
n. Ensure that all facilities and company activities are non-segregated except that separate or single-user toilet and necessary changing facilities must be provided to assure privacy between the sexes.
o. 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.
p. Conduct a review, at least annually, of all supervisors' adherence to and performance under the Contractor's EEO policies and affirmative action obligations.
8. Contractors are encouraged to participate in voluntary associations that assist in fulfilling one or more of the affirmative action obligations (Section VIl 7a through 7p).
The efforts of a contractor association, joint contractor-union, contractor-community, or other share group of which the Contractor is a member and participant, may be asserted as fulfilling any one or more of its obligations under Section VIl 7a through 7p of these specifications provided that th e 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 Contractors 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 behalf of the Contractor. The obligation to comply, however, is the Contractor's and failure of such a group to fulfill an obligation will not be a defense for the Contractor's noncompliance.
9. 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 nonminority. Consequently, the Contractor may be in violation of the Executive order if a particular group is employed in a substantially 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 underutilized).
10. The Contractor must not use the goals and timetables of affirmative action standards to discriminate against any person because of race, color, religion, sex, or national origin.
11. The Contractor must not enter into any subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 1 1246.
12. The Contractor must carry out such sancti ons 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 will be in violation of these specifications and Executive Order 11246, as amended.
83 13. The Contractor must 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 Government, and to keep records. Records must at least includ e 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 pa y, and locations at which the work was performed. Records must be maintained in an easy understandable and retrievable form; however, to the degree that exis ting records satisfy this requirement, Contractors will not be required to maintain separate records.
14. The Contractor, in fulfilling its obligations under these specifications, must implement specific affirmative action steps, at least as extensive as those standards prescribed in Section VIl 7, 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 will proceed in accordance with 41 CFR Section 604.8.
15. Nothing herein provided will be construed as a limitation upon the application of other laws that establish different standards of compliance or upon the application of requirements for hiring of local or other area residents (e.g., those under the Public Works Employment Act of 1977 and th e Community Development Block Grant Program).
2" MILL AND FILL (2" ARHM)
4" MILL AND FILL (2" ARHM/2" AC BASE)
SLURRY TYPE II WITH FIBERS
LEGEND
2023/24 CDBG RESIDENTIAL REHABILITATION PROJECT
--
_J
Yorkshi
j
7 • 072
y
[
501
N N en
9500
---~--------QI------• 91. 232 332·z 11:r • • or
1s2 ~ ~ ~ 3s2 482 g ePJ
5 83 g ~
0 J • ~
Agenda Item - 8.a.
City of Garden Grove
INTER-DEPARTMENT MEMORANDUM
To: Lisa L. Kim From: Craig Beck
Dept.: City Manager Dept.: Community and Economic
Development
Subject: Update on the Civic Center
Revitalization Project as
requested by City Manager
Kim.
Date: 6/13/2023
OBJECTIVE
To provide an update to the City Council on the Civic Center Revitalization Project.
BACKGROUND
In July 2019, the City Council authorized a comprehensive space and needs assessment of the police facilities by Dewberry to address current and future needs of the Garden Grove Police Department (GGPD). Findings of the report identified deficiencies in the existing GGPD facilities and insufficient spacing available for building, parking, and site needs to accommodate current and future demands of the public safety operations. It further concluded the current police facilities campus are all undersized and poorly configured. The final Dewberry Report was presented to the City Council at the January 28, 2020 meeting.
In February 2022, an extensive Request for Proposal process was undertaken to assemble a P3 (Public Private Partnership) financial advisory team to analyze a P3 structure for a new Public Safety Facility. The Scope of Work provided for a multi- phase procurement strategy to evaluate the potential cost implications and project delivery options for a new Public Safety Facility, a parking structure and a re- visioning of Civic Center Park.
Due to the complexity of a P3 structure, the City Council authorized Phase 1 work in July 2022, which focused on an initial project financial and feasibility analysis for the future Public Safety Facility. The consultant team led by Project Finance Advisory, Limited (PFAL) was selected to perform this analysis. Concurrently, Placeworks was retained to facilitate community engagement and outreach. Additional information is available on the City’s website at ggcity.org/civic-center.
As part of Phase 1, the team completed the following tasks:
Goals, Values, and Criteria. Goals and values identified. Community input
•
received through community engagement and outreach.
Program Validation. Validated program needs identified in the 2020 Dewberry Report for an 87,000 square foot Public Safety Facility and a 448-space parking structure.
Site Location. Location (southeast corner of Civic Center Campus) of new Public Safety Facility determined.
Site Massing. Developed site massing layout for new Public Safety Facility at northeast corner of Euclid Street and Acacia Parkway, with new parking structure and new Civic Center Park.
Preliminary Costs. The feasibility analysis estimated a preliminary project budget to be approximately $108 million for construction of the new Public Safety Facility, a parking structure, and a new Civic Center Park.
Delivery Method. Based on the feasibility analysis conducted, it was recommended that the City Council advance the Design-Build-Finance (DBF) option.
In January 2023, the City Council directed Staff to continue advancing the Civic Center Revitalization Project and authorized Phase 2 tasks to:
Request for Qualifications (RFQ). Develop an RFQ to determine selection of a Preferred Developer and support the City through a progressive process to finalize a design, build, finance agreement with the selected developer.
Community Engagement and Outreach. Continue community and stakeholder engagement and public outreach.
CEQA. Initiate work for the environmental analysis of the Civic Center Revitalization Project for the preparation of CEQA (California Environmental Quality Act) compliance documents.
DISCUSSION
Staff has completed and/or advanced various Phase 2 tasks. The following is a summary of the current status of each task:
Initiate CEQA. Project Description finalized. Technical studies commenced.
RFI/Market Sounding. Request for Information (RFI) and market sounding completed. Summary of RFI responses and feedback received posted online at project website.
Refine Evaluation Criteria. Evaluation criteria under development.
Qualifications based selection on prior experience with projects of similar scope and scale.
Prepare RFQ. Working group kick-off meetings completed. Document outline completed. Site tours underway. Design/performance specifications ready for City Staff review.
Finalize Funding Plan. General fund revenue to pay debt service on new facilities. Obtaining legal input on funding plan. Determining inducement resolution timing.
Community Engagement and Outreach. Outreach plan complete.
Branding/marketing underway. Facts sheet complete. New project logo.
Upcoming City event centered community engagement.
•
•
•
•
•
•
•
•
•
•
•
•
•
•
City Staff, with the PFAL and Placeworks teams, are continuing to work together to advance the Civic Center Revitalization Project. At upcoming City events (e.g., Concerts in the Park, Movies in the Park, Garden Grove Police Department National Night Out), the City will have informational booths to engage with the community, garner feedback, and create awareness of the project. The project website (ggcity.org/civic-center) and the City’s various social media platforms will continue to be maintained with regular updates, educational information, flyers, and news on the project to allow the community to stay connected and informed. In the upcoming months, the City intends to release the RFQ and commence the developer selection process.
FINANCIAL IMPACT
There is no financial impact as this report is for informational purposes and no action is required.
RECOMMENDATION
This report is for informational purposes and no action is required by the City Council.
By: Chris Chung, Senior Planner