San Luis Obispo City Council
April 4, 2023

City Council
AGENDA

Tuesday, April 4, 2023, 4:30 p.m.

City Hall, 990 Palm Street, San Luis Obispo
The City of San Luis Obispo has returned to in-person meetings. Zoom participation will not be supported. For those attending in-person, the Council Chamber will be at limited capacity and masks are strongly recommended. Council meetings may be viewed remotely on Channel 20 and the City's YouTube Channel: http://youtube.slo.city
INSTRUCTIONS FOR PUBLIC COMMENT:

Public Comment prior to the meeting (must be received 3 hours in advance of the meeting):

Mail - Delivered by the U.S. Postal Service. Address letters to the City Clerk's Office at 990 Palm Street, San Luis Obispo, California, 93401.

Email - Submit Public Comments via email to [email protected]. In the body of your email, please include the date of the meeting and the item number (if applicable). Emails will not be read aloud during the meeting.

Voicemail - Call (805) 781-7164 and leave a voicemail. Please state and spell your name, the agenda item number you are calling about, and leave your comment. Verbal comments must be limited to 3 minutes. Voicemails will not be played during the meeting. *All correspondence will be archived and distributed to councilmembers, however, submissions received after the deadline will not be processed until the following day.

Public Comment during the meeting:

Meetings have returned to an in-person format. To provide public comment during the meeting, you must be present in the Council Chambers.

Electronic Visual Aid Presentation. To conform with the City's Network Access and Use Policy, Chapter 1.3.8 of the Council Policies & Procedures Manual, members of the public who desire to utilize electronic visual aids to supplement their oral presentation are encouraged to provide display-ready material to the City Clerk by 12:00 p.m. on the day of the meeting. Contact the City Clerk's Office at [email protected] or (805) 781-7114.

Pages

1. CALL TO ORDER
Mayor Erica A. Stewart will call the Regular Meeting of the San Luis Obispo City Council to order.

2. PLEDGE OF ALLEGIANCE
Vice Mayor Jan Marx will lead the Council in the Pledge of Allegiance.

3. PRESENTATIONS

3.a ANNUAL ADVISORY BODY RECOGNITION (Estimated Time: 60 minutes)
The Mayor and City Council will recognize Advisory Body members for their service to the City of San Luis Obispo.

3.b MONTH OF THE CHILD PROCLAMATION
Mayor Stewart will present a proclamation declaring the month of April as "Month of the Child."

3.c CITY MANAGER REPORT
Receive a brief report from City Manager Derek Johnson.

4. PUBLIC COMMENT PERIOD FOR ITEMS NOT ON THE AGENDA
Not to exceed 15 minutes. The Council welcomes your input. State law does not allow the Council to discuss or take action on issues not on the agenda, except that members of the Council or staff may briefly respond to statements made or questions posed by persons exercising their public testimony rights (Gov. Code sec. 54954.2). Staff may be asked to follow up on such items.

5. CONSENT AGENDA
Not to exceed 15 minutes. Matters appearing on the Consent Calendar are expected to be non-controversial and will be acted upon at one time. A member of the public may request the Council to pull an item for discussion. Pulled items shall be heard at the close of the Consent Agenda unless a majority of the Council chooses another time. The public may comment on any and all items on the Consent Agenda within the three-minute time limit.

Recommendation:

To approve Consent Calendar Items 5a to 5f.

5.a WAIVE READING IN FULL OF ALL RESOLUTIONS AND

ORDINANCES
Recommendation:

Waive reading of all resolutions and ordinances as appropriate.

5.b MINUTES REVIEW - MARCH 13, 2023, MARCH 20, 2023, AND MARCH 21, 2023 COUNCIL MINUTES
9 Recommendation:

Approve the following minutes of the City Council:
• March 13, 2023 - Special Council Meeting
• March 20, 2023 - Special Closed Session Meeting
• March 21, 2023 - Regular Meeting

5.c AUTHORIZATION TO ADVERTISE THE COMMUNITY
DEVELOPMENT BLOCK GRANT CURB RAMPS 2022 PROJECT,
SPECIFICATION NO. 2000576
19 Recommendation:

Approve the project plans and specifications for the Community Development Block Grant (CDBG) Curb Ramps 2022 Project, Specification No. 2000576; and,

1. 2. Authorize staff to advertise bids; and,
Authorize the City Manager to award the Construction Contract pursuant to Section 3.24.190 of the Municipal Code for the bid total if the lowest responsible bid is within the publicly disclosed funding amount of $650,000; and,

3. Authorize the Finance Director to appropriate $385,483 from the CDBG to the project account; and

4. Approve a transfer of $310,000 from the Sidewalk Annual Asset Maintenance Account to the project account; and

5. Approve a transfer of $45,000 from the Street Resurfacing and Reconstruction Annual Asset Maintenance Account to the
project account; and

6. Approve a transfer of $24,624 from the Capital Outlay Fund Completed Projects Undesignated Capital Account to the
project account; and

7. Authorize the City Engineer to approve Contract Change Orders up to the available project budget.

8. 5.d APPROVAL OF THE 2023 LEGISLATIVE ACTION PLATFORM 191 Recommendation:

As recommended by Council Members Francis and Pease,
adopt a Draft Resolution entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, establishing the City Legislative Action Platform for 2023 and appointing the Council Member and Staff Person to act as liaison between the City of San Luis Obispo and the League of California Cities”; and

1. Provide direction to staff on the scope and application of the legislative platform related to advocacy for non-legislative items or particular projects; and

2. Appoint the Mayor, City Manager, and City Attorney to act as the primary legislative liaisons between the League of California Cities and the City of San Luis Obispo.

3. 5.e APPROVE PARTICIPATION IN 2023 NATIONAL OPIOID LITIGATION

SETTLEMENT AGREEMENTS
237
Recommendation:

Approve City participation in the nationally negotiated opioidrelated settlement agreements with pharmacies CVS, Walgreens, and Walmart ("Pharmacies"), and with
pharmaceutical manufacturers Teva and Allergan
(“Manufacturers”); and

1. Authorize the City Manager and City Attorney to execute documents as needed to participate in the settlement
agreements.

2. 5.f AUTHORIZATION TO ADVERTISE BUCHON NEIGHBORHOOD
TRAFFIC MANAGEMENT PROJECT, SPECIFICATION NO. 91612
413
Recommendation:

Approve the project plans and specifications for the Buchon Street Neighborhood Traffic Management Project, Specification Number 91612; and

1. Authorize staff to advertise for bids and the City Manager to award the construction contract, if the lowest responsible bid is within the Engineer’s Estimate of $178,200.

2. 6. PUBLIC HEARING AND BUSINESS ITEMS

6.a REVIEW AN APPEAL OF A PLANNING COMMISSION DECISION
DENYING ARCHITECTURAL REVIEW APPLICATION ARCH-0040-
2021, REGARDING DEVELOPMENT OF PROPERTY AT 841
PATRICIA DRIVE (APPL-0075-2023; ARCH-0040-2021; EID-0547- 2021) (Estimated Time: 90 minutes)
457
Recommendation:

Adopt a Draft Resolution entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, denying an Appeal and upholding the Planning Commission’s decision denying Architectural Review Application ARCH-0040-2021, regarding development of property at 841 Patricia Drive (APPL-0075-2023).”

6.b ADOPTION OF THE COMMUNITY FOREST PLAN (Estimated Time:
20 minutes)
903
Recommendation:

As recommended by the Tree Committee, adopt a Draft Resolution entitled, “A Resolution of the City Council of San Luis Obispo, California, approving the Community Forest Plan and a determination of Categorial Exemption from the California Environmental Quality Act.”

6.c DISCUSSION REGARDING THE COUNTY OF SAN LUIS OBISPO’S

REQUEST TO REJOIN THE INTEGRATED WASTE MANAGEMENT
AUTHORITY (Estimated Time: 10 minutes)
1193
Recommendation:

Provide the Councilmember delegate on the Integrated Waste Management Authority Board of Directors guidance for negotiations with the County of San Luis Obispo to rejoin the IWMA.

7. STUDY SESSION

7.a STUDY SESSION: BROADBAND PLAN UPDATE (Estimated Time: 60 minutes)
1341
Recommendation:

Receive an update on the Broadband Plan and provide input to inform the final plan.

8. LIAISON REPORTS AND COMMUNICATIONS
Not to exceed 15 minutes. Council Members report on conferences or other City activities. At this time, any Council Member or the City Manager may ask a question for clarification, make an announcement, or report briefly on their activities. In addition, subject to Council Policies and Procedures, they may provide a reference to staff or other resources for factual information, request staff to report back to the Council at a subsequent meeting concerning any matter or take action to direct staff to place a matter of business on a future agenda. (Gov. Code Sec. 54954.2)

9. ADJOURNMENT
The City Council will hold a Special Meeting on Thursday, April 6, 2023 at 1:00 p.m. in the Council Hearing Room at City Hall. The next Regular Meeting of the City Council will be held on April 18, 2023 at 5:30 p.m. in the Council Chambers at City Hall, 990 Palm Street, San Luis Obispo.

LISTENING ASSISTIVE DEVICES for the hearing impaired - see the Clerk.

The City of San Luis Obispo wishes to make all of its public meetings accessible to the public. Upon request, this agenda will be made available in appropriate alternative formats to persons with disabilities. Any person with a disability who requires a modification or accommodation in order to participate in a meeting should direct such request to the City Clerk’s Office at (805) 781-7114 at least 48 hours before the meeting, if possible. Telecommunications Device for the Deaf (805) 781-7410.

City Council meetings are televised live on Charter Channel 20 and the City's YouTube Chanel: http://youtube.slo.city. Agenda related writings or documents provided to the City Council are available for public inspection in the City Clerk’s Office located at 990 Palm Street, San Luis Obispo, California during normal business hours, and on the City’s website
https://www.slocity.org/government/mayor-and-city-council/agendas-andminutes. Persons with questions concerning any agenda item may call the City Clerk’s Office at (805) 781-7114.
1 Council Minutes
March 13, 2023, 5:30 p.m.

City Hall, 990 Palm Street, San Luis Obispo
Council Members

Present:

Council Member Emily Francis, Council Member Andy Pease, Council Member Michelle Shoresman, Vice Mayor Jan Marx, Mayor Erica A. Stewart
City Staff Present: Derek Johnson, City Manager, Christine Dietrick, City Attorney, Teresa Purrington, City Clerk
_____________________________________________________________________

1. CALL TO ORDER
A Special Meeting of the San Luis Obispo City Council was called to order on March 13, 2023 at 5:30 p.m. in the Council Chambers at City Hall, 990 Palm Street, Council Chambers, San Luis Obispo, by Mayor Stewart.

2. PLEDGE OF ALLEGIANCE
Vice Mayor Jan Marx led the Council in the Pledge of Allegiance.

3. PUBLIC COMMENT FOR ITEMS ON THE AGENDA ONLY
Public Comment:

None
--End of Public Comment--

4. BUSINESS ITEM

4.a APPROVAL OF EMERGENCY SERVICES DIRECTOR PROCLAMATION NO. 2 (2023 SERIES)
Emergency Services Director Derek Johnson provided a brief staff report and responded to Council inquiries.

2 Motion By Council Member Francis
Second By Vice Mayor Marx
Adopt Resolution No. 11400 (2023 Series) entitled, “A Resolution of the City Council of the City of San Luis Obispo, California confirming the Emergency Services Director’s Proclamation of the Existence of a Local Emergency on March 9, 2023”
Ayes (5): Council Member Francis, Council Member Pease, Council Member Shoresman, Vice Mayor Marx, and Mayor Stewart
CARRIED (5 to 0)

5. ADJOURNMENT
The meeting was adjourned at 5:54 p.m. The next Regular Meeting of the City Council will be held on March 21, 2023 with Closed Session at 4:30 p.m. in the Council Hearing Room and the Regular Meeting beginning at 5:30 p.m. in the Council Chambers at City Hall, 990 Palm Street, San Luis Obispo.

APPROVED BY COUNCIL: XX/XX/2023

1 Council Minutes
March 20, 2023, 8:00 a.m.

Council Hearing Room, 990 Palm Street, San Luis Obispo
Council Members

Present:

Council Member Emily Francis, Council Member Andy Pease, Council Member Michelle Shoresman, Vice Mayor Jan Marx, Mayor Erica A. Stewart
City Staff Present: Derek Johnson, City Manager, Christine Dietrick, City Attorney, Teresa Purrington, City Clerk
_____________________________________________________________________

1. CLOSED SESSION: STARTS AT 8:00 AM

1.a CALL TO ORDER
A Special Closed Session Meeting of the San Luis Obispo City Council was called to order on March 20, 2023 at 8:05 a.m. in the Council Hearing Room at City Hall, San Luis Obispo, by Mayor Stewart.

1.b PUBLIC COMMENT FOR CLOSED SESSION ITEMS ONLY
Public Comment:

None
--End of Public Comment--

1.c CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION ACTION: City Attorney Dietrick indicated that the Council met in Closed Session to consider the matter of initiation of an intervention in a regulatory action regarding Federal Energy Regulatory Commission docket nos. FERC:P-15269, FERC P-15270 and FERC P-152272. The Council voted upon a motion by Vice Mayor Marx, second by Council Member Pease with a vote of 5 - 0 to authorize the intervention in those Federal Energy Regulatory Commission proceedings.

1.d ADJOURNMENT
The meeting was adjourned at 8:20 a.m. The next Regular Meeting of the City Council will be held on March 21, 2023 at 5:30 p.m. in the Council Chambers at City Hall, 990 Palm Street, San Luis Obispo.

APPROVED BY COUNCIL: XX/XX/2023

1 Council Minutes
March 21, 2023, 4:30 p.m.

Council Chambers, 990 Palm Street, San Luis Obispo
Council Members

Present:

Council Member Emily Francis, Council Member Andy Pease, Council Member Michelle Shoresman, Vice Mayor Jan Marx, Mayor Erica A. Stewart
City Staff Present: Derek Johnson, City Manager, Christine Dietrick, City Attorney, Teresa Purrington, City Clerk
_____________________________________________________________________

1. CLOSED SESSION: STARTS AT 4:30 PM

1.a CALL TO ORDER
Mayor Erica A. Stewart called the Closed Session to order at 4:34 PM in the Council Hearing Room at City Hall with Council Member Francis via teleconference.

1.b PUBLIC COMMENT FOR CLOSED SESSION ITEMS ONLY
Public Comments:

None
---End of Public Comment---

1.c CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION ACTION: City Attorney Dietrick indicated there was no reportable action taken on this item.

1.d ADJOURNMENT
The City Council adjourned the Closed Session at 5:15 PM.

2. CALL TO ORDER
A Regular Meeting of the San Luis Obispo City Council was called to order on March 21, 2023 at 5:30 p.m. in the Council Chambers, 990 Palm Street, San Luis Obispo, by Mayor Stewart, with Council Member Francis via teleconference.

2 3. PLEDGE OF ALLEGIANCE
Mayor Stewart led the Council in the Pledge of Allegiance.

4. PRESENTATIONS

4.a SURVEYOR'S WEEK PROCLAMATION
Mayor Stewart presented a proclamation declaring the week of March 19 - 25, 2023 as "Surveyor's Week" to James A. Cooper on behalf of the Wallace Group.

4.b INTRODUCTIONS - FIRE DEPARTMENT ADMINISTRATIVE ANALYST

AND DEPUTY FIRE CHIEF
This item was postponed due to staff illness.

4.c INTRODUCTIONS - ENGINEERING DEVELOPMENT REVIEW
Community Development Director Michael Codron introduced Engineering Development Review staff, Brian Rodriguez, Senior Civil Engineer, and Nate Stong, Senior Civil Engineer.

4.d CITY MANAGER REPORT
City Manager Derek Johnson provided a report on upcoming projects.

5. PUBLIC COMMENT PERIOD FOR ITEMS NOT ON THE AGENDA
Public Comment:

Anne Hodges
Biz Steinberg
Gerrie Clemens
--End of Public Comment--

6. CONSENT AGENDA
Motion By Council Member Pease
Second By Vice Mayor Marx
To approve Consent Calendar Items 6a to 6h.

Ayes (5): Council Member Francis, Council Member Pease, Council Member Shoresman, Vice Mayor Marx, and Mayor Stewart
CARRIED (5 to 0)

3 6.a WAIVE READING IN FULL OF ALL RESOLUTIONS AND ORDINANCES Waive reading of all resolutions and ordinances as appropriate.

6.b MINUTES REVIEW - FEBRUARY 28, 2023, MARCH 2, 2023, AND MARCH 7, 2023 COUNCIL MINUTES
Approve the following minutes of the City Council:
 February 28, 2023 - Special Meeting
 March 2, 2023 - Special Closed Session Meeting
 March 7, 2023 - Regular Meeting

6.c 2023 ANNUAL APPOINTMENTS TO CITY ADVISORY BODIES
As recommended by the Council Liaison Subcommittees, make appointments to the City of San Luis Obispo's advisory bodies and continue to recruit for any unfilled vacant positions.

6.d ANNUAL MONITORING FOR THE AVILA RANCH DEVELOPMENT

AGREEMENT, MITIGATION MEASURES, AND PROJECT CONDITIONS
Receive and file the Annual Monitoring Report for the Avila Ranch Development Agreement, mitigation measures, and required project conditions.

6.e SECOND READING OF ORDINANCE NO. 1724 (2023 SERIES)

AMENDING SEVERAL SECTIONS OF THE MUNICIPAL CODE TO

AUTHORIZE DESIGNEES OF THE POLICE CHIEF TO ISSUE

CITATIONS FOR ALL INFRACTION AND MISDEMEANOR VIOLATIONS

OF THE MUNICIPAL CODE
Adopt Ordinance No. 1724 (2023 Series) entitled, “An Ordinance of the City Council of the City of San Luis Obispo, California, amending Title 1 “General Provisions”, Chapter 1.16 “Citation Procedure”, Section 1.16.060 “Code Enforcement Officer Designation Authority,” and Title 10 “Vehicles and Traffic”, Chapter 10.08 “Administration”, Section 10.08.070 “Enforcement,” and Chapter 10.68 “Inoperative Vehicles,” Section

10.68.020 “Definitions;” and amending Title 9 “Public Peace, Morals and Welfare” to add Chapter 9.60 “Enforcement” in order to authorize designees of the Police Chief, including Community Service Officers, to issue citations for all Infraction and Misdemeanor Violations of the Municipal Code and making a determination of exemption under the California Environmental Quality Act.” Including the correction provided in the staff agenda correspondence.

4 6.f SECOND READING OF ORDINANCE NO. 1725 (2023 SERIES) AMENDING CHAPTER 17.86 AND CHAPTER 9.10 OF THE MUNICIPAL

CODE MODIFYING RETAIL STOREFRONT OPERATIONAL RULES
Adopt Ordinance No. 1725 (2023 Series) entitled, “An Ordinance of the City Council of the City of San Luis Obispo, California, amending Chapter

17.86 (Regulations for Specific Land Uses and Activities) and Chapter

9.10 (Cannabis Regulations) of the Municipal Code modifying specific rules for commercial cannabis business retail storefront operations.”

6.g APPROVAL OF FEDERAL TRANSIT TITLE VI PROGRAM UPDATE AND

PUBLIC TRANSPORTATION AGENCY SAFETY PLAN

1. Adopt Resolution No. 11401 (2023 Series) entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, approving Federal Transit Administration Title VI Program Update and Public Transportation Agency Safety Plan for the San Luis Obispo Transit Services”; and

2. Authorize the City Manager, or their designee, to revise and execute any required certifications, forms, and associated documents on behalf of the City to comply with the FTA
requirements discussed in this report.

6.h APPROPRIATION OF UNDESIGNATED INSURANCE FUND BALANCE TO PAY LIABILITY CLAIMS COSTS FOR FISCAL YEAR 2022-23
Adopt Resolution No. 11402 (2023 Series) entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, approving an amendment to the 2022-23 Budget Allocation in the Insurance Fund Fiscal Year 2022-23.”

7. PUBLIC HEARING AND BUSINESS ITEMS

7.a INTRODUCE AN ORDINANCE AMENDING TITLE 17 (ZONING

REGULATIONS) OF THE MUNICIPAL CODE TO IMPLEMENT HOUSING ELEMENT PROGRAM 2.15 AND POLICY 6.6 TO PROVIDE A DOWNTOWN FLEXIBLE DENSITY PROGRAM (Estimated Time: 90 minutes)
Community Development Director Michael Codron and Housing Coordinator Kyle Bell provided an in-depth staff report and responded to Council questions.

5 Public Comments:

Barry Price
Dona Hare Price
Cameron Valentine
Jim Dantona
Babak Naficy
Myles Couch
Steve Delmartini
Jordan Schleifer
---End of Public Comment---
Motion By Council Member Shoresman
Second By Mayor Stewart
Introduce Ordinance No. 1726 (2023 Series) entitled, “An Ordinance of the City Council of the City of San Luis Obispo, California, amending Title 17 (Zoning Regulations) of the Municipal Code to incorporate a Downtown Flexible Density Program for qualifying residential projects. Project is consistent with the previous Mitigated Negative Declaration for the 2018 Comprehensive Zoning Regulations Update (Downtown Flexible Density Program, CODE-0017-2023)” and adopt an Addendum to the previous environmental review determination, with the following added language:

Homestays authorized under Section 17.86.160 shall not be allowed.

Ayes (5): Council Member Francis, Council Member Pease, Council Member Shoresman, Vice Mayor Marx, and Mayor Stewart
CARRIED (5 to 0)

7.b ADOPTION OF THE HOMELESSNESS RESPONSE STRATEGIC PLAN (Estimated Time: 20 minutes)
Community Development Director Michael Codron and Acting Homelessness Response Manager Daisy Wiberg provided an in-depth staff report and responded to Council questions.

Public Comments:

Jordan Schliefer
---End of Public Comment---

6 Motion By Council Member Pease
Second By Council Member Francis
Adopt Resolution No. 11403 (2023 Series) entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, approving the Homelessness Response Strategic Plan.”

8. LIAISON REPORTS AND COMMUNICATIONS
Mayor Stewart attended the Civic Well Conference focused on Climate issues, paid for by the City. She also attended the SLOMA opening for the Marcela Zacarias exhibit, the Diversity Partners Network meeting at Cal Poly, SLO Health Counts meeting, City/University Quarterly Lunch, the SCLC meeting, and the Cal Cities Community Services Committee meeting.

Vice Mayor Marx provided an update on IWMA and 3CE.

Council Member Shoresman attended her first HSOC meeting. She also attended the SLOMA opening for the Marcela Zacarias exhibit. the SLOREP new season announcement reception, the opening ceremony for the Wall that Heals, the Climate Coalition meeting, the Cal Cities Revenue and Taxation Committee meeting, and the Countywide Mayor's Monthly meeting on behalf of the Mayor.

Council Member Francis attended the Civic Well conference on Climate issues, paid for by the City. She also attended the CAPSLO board meeting, the opening ceremony of the Wall that Heals, and the SCLC meeting.

Council Member Pease attended Civic Well Conference on Climate paid for by the City. She also attended Cal Cities Environmental Quality Committee and the Groundwater Sustainability Commission meeting.

9. ADJOURNMENT
The meeting was adjourned at 9:30 p.m. The next Regular City Council Meeting is scheduled for April 4, 2023 at 4:30 p.m. in the Council Chambers at City Hall, 990 Palm Street, San Luis Obispo.

APPROVED BY COUNCIL: XX/XX/2023

Item 5c
Department: Public Works
Cost Center: 5006
For Agenda of: 4/4/2023
Placement: Consent
Estimated Time: N/A
FROM: Matt Horn, Public Works Director
Prepared By: Wyatt Banker-Hix, Engineer III
SUBJECT: AUTHORIZATION TO ADVERTISE THE COMMUNITY DEVELOPMENT BLOCK GRANT CURB RAMPS 2022 PROJECt, SPECIFICATION NO.
2000576

RECOMMENDATION

1. Approve the project plans and specifications for the Community Development Block Grant (CDBG) Curb Ramps 2022 Project, Specification No. 2000576; and,

2. Authorize staff to advertise bids; and,

3. Authorize the City Manager to award the Construction Contract pursuant to Section

3.24.190 of the Municipal Code for the bid total if the lowest responsible bid is within the publicly disclosed funding amount of $650,000; and,

4. Authorize the Finance Director to appropriate $385,483 from the CDBG to the project account; and

5. Approve a transfer of $310,000 from the Sidewalk Annual Asset Maintenance Account to the project account; and

6. Approve a transfer of $45,000 from the Street Resurfacing and Reconstruction Annual Asset Maintenance Account to the project account; and

7. Approve a transfer of $24,624 from the Capital Outlay Fund Completed Projects Undesignated Capital Account to the project account; and

8. Authorize the City Engineer to approve Contract Change Orders up to the available project budget.

POLICY CONTEXT
This project installs Americans with Disabilities Act (ADA) compliant curb ramps along Augusta Street adjacent to the Sinsheimer Elementary School, which helps fulfill the Major City Goal of Climate Action, Open Space and Sustainable Transportation. The project scope includes an area heavily trafficked by pedestrians and is a safe route to school.

Item 5c
The City has recently installed 40 curb ramps with the Area 6 & 7 Curb Ramp Project and has plans to install 46 more curb ramps with the recently awarded North Chorro Greenway project. This project plans to install up to 21 curb ramps (11 curb ramps are in the base bid and 10 ramps are included in the additive alternate) prioritized in the Active Transportation Plan and supports the City’s Diversity, Equity, and Inclusion Goals by bringing additional City streets and intersections up to ADA compliance. Benefited project users are predominantly children and their parents walking to school.

DISCUSSION
Background
The Community Block Development Grant (CDBG) is an annual formulaic grant dispersed by the US Department of Housing and Urban Development (HUD). The CDBG provides a federal funding source for local municipalities to improve housing and the liveable environment. This grant is administered through San Luis Obispo County, and staff is collaborating with the County to ensure a successful project.

Upon receipt of this grant, staff considered curb ramp installations that would have the highest benefit to the community. The Council adopted Active Transportation Plan identifies areas in highest need for pedestrian improvements1, including the area along Augusta Street from Bishop Street to San Marcos Court. The proximity of Sinsheimer Elementary School and the lack of existing curb ramps had resulted in strong community feedback in the area and had been identified as a priority project in the Active Transportation Plan. The improvements will work in tandem with a separate project to upgrade the pedestrian crossing of Sydney/Johnson in mid-2023.

Staff received notification of CDBG award late in July 2022 and began design efforts shortly thereafter. CDBG projects have strict deadlines for exhausting funds, and staff has prioritized this project since award. The project plans (Attachment A) and specifications (Attachment B) are now ready to advertise.

Previous Council or Advisory Body Action
This specific project has not been presented to Council, but Council approved the Active Transportation Plan adopted in 2021 that identified this area as a high-priority location for upgrades to curb ramps. In March of 2022, Council also passed a resolution approving the 2023 Community Development Block Grant Program (Attachment C) which identified the CDBG Curb Ramp project in the program.

Public Engagement
During public outreach for the Active Transportation Plan, pop-up events including one near the project were held to gather feedback on project priorities. Curb ramps around Augusta Street received a high number of requests given the proximity to Sinsheimer Elementary School and Sinsheimer Park.

1 Active Transportation Plan, Figure 33, Page 146.
https://www.slocity.org/home/showpublisheddocument/29123/637471709222270000

Item 5c

CONCURRENCE
Public Works and Community Development concur with the recommendations of this report.

ENVIRONMENTAL REVIEW
Since this project is receiving federal funding, both California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA) environmental reviews were completed. The project is exempt from CEQA pursuant to State CEQA Guidelines Section 15302 (Class 2 – Replacement or Reconstruction) because the project is limited to the construction of ADA curb ramps within an existing street and public right-of-way, and the roadway will have the same purpose and capacity while meeting accessibility requirements.

The project qualifies for a Categorical Exclusion under NEPA, according to HUD Section

58.35 (1) – Repair of Public Facilities and Improvements. HUD is the federal agency that will consider and approve the Categorical Exclusion. The City will comply with all applicable CEQA, NEPA, and HUD regulations prior to executing a contract for construction of this project.

FISCAL IMPACT
Budgeted: No Budget Year: 2022-2023
Funding Identified: Yes
Fiscal Analysis:

Award of the CDBG funding was not anticipated by staff until this fiscal year. To ensure that all CDBG funds are expended and to provide the most community benefit through the construction of the highest number of curb ramps possible, staff have identified existing annual asset maintenance accounts that can provide contributory funding.

The City has been awarded the grant in the amount of $385,483 to be used for this project and staff has entered into an agreement with the County of San Luis Obispo (Attachment D). Staff is requesting to appropriate $385,483 in CDBG funds (Attachment E), transfer $310,000 from the Sidewalk Annual Asset Maintenance Account, transfer $39,893 from the Street Reconstruction and Resurfacing Annual Asset Maintenance Account, and transfer $24,624 from the Capital Outlay Fund Completed Projects Undesignated Capital Account to the project account to construct the project.

All CDBG funds will be spent as part of this project.

Item 5c
Funding Sources
Total Budget
Available
Current
Funding
Request
Remaining
Balance
Annual
Ongoing
Cost
General Fund $1,009,196 $379,624 $629,572
Federal: CDBG Funds $385,483 $385,483 $0
Other:

Total $1,394,679 $765,107 $629,572 N/A
CDBG
Grant
Sidewalk
Annual Asset
Maintenance
Account
(2001002)
Street
Reconstruction
and Resurfacing -
Annual Asset
Maintenance
Account
(2001001)
Completed
Projects
Undesignated
Capital
Project Total
Cost
Federal
Funding General Fund General Fund General Fund
Construction Base Estimate $385,483 $100,000 $39,893 $24,624 $550,000 Additive Alternate Estimate $0 $100,000 $100,000
Construction Contingency (15%) $0 $100,000 $100,000
Total Construction Estimate $385,483 $300,000 $39,893 $24,624 $750,000 Material Testing $9,500 $9,500
Printing & Advertising $500 $500
Construction Support $5,107 $5,107
Total Project Estimate $385,483 $310,000 $45,000 $24,624 $765,107 Available Project Balance $385,483 $410,167 $474,405 $24,624 $1,294,679 Remaining Balance $0 $100,167 $429,405 $0 $529,572
Estimated Project Cost By Funding Sources
CDBG Curb Ramps 2022, Specification 2000576

ALTERNATIVES
Deny or Defer Authorization to Advertise. Council could choose not to advertise this project or do so at a later date. Staff does not recommend this option, as delay of the project would violate the CDBG agreement terms and forfeit those funds.

ATTACHMENTS
A - Project Plans (Spec. 2000576)
B - Project Specifications (Spec. 2000576)
C - Draft Resolution approving the 2023 CDBG Curb Ramp Program D - Community Development Block Grant Agreement (Spec. 2000576) E - Draft Resolution authorizing the use of CDBG Funds for Spec. No. 2000576

Reference Documents:

City Standard Specifications - August 2020 EditionCity Engineering Standards - August 2020 Edition index to plans
sheet no. description
general notes:
basis of bearing:
san luis obispo county, california

APPROVED BY
SPECIFICATION NO. DATE
of
SHEET
Brian Nelson, City Engineer Approved Date
02/24/2023 1 16

CITY OF SAN LUIS OBISPO,

PUBLIC WORKS DEPARTMENT
ATTN: WYATT BANKER-HIX
919 PALM STREETSAN LUIS OBISPO, CA 93401
PHONE:(805)295-1609
CANNON
ATTN: ANTHONY J. SEVERY
1050 SOUTHWOOD DRIVE
SAN LUIS OBISPO, CA 93401
PHONE:(805)503-4525
contact information
owner civil engineer

PROJECT LOCATION
preliminary drawings
benchmark:

NO. 79870

BRIAN NELSON
EXP.
1000576
1050 Southwood Drive
San Luis Obispo, CA 93401
P 805.544.7407 F 805.544.3863
NO. 82551
EXP.
boundary disclaimer:

CITY SPECIFICATION NO.

DATE:

PROJECT TITLE:

SHEET TITLE:
of
SHEET NO.DESIGNED BY:DRAWN BY:CHECKED BY:APPROVED BY:SCALE:

CDBG CURB RAMPS 2022
ALM/AR
AR
02/24/2023
16 BN
1050 Southwood Drive
San Luis Obispo, CA 93401
P 805.544.7407 F 805.544.3863
NO. 82551
EXP.

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1000576

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KEY MAP, LEGEND, ABBREVIATIONS & SURVEY

CONTROL
2 legend: abbreviations:

CITY SPECIFICATION NO.

DATE:

PROJECT TITLE:

SHEET TITLE:
of
SHEET NO.DESIGNED BY:DRAWN BY:CHECKED BY:APPROVED BY:SCALE:

ALM/AR
AR
02/24/2023
16 BN
1050 Southwood Drive
San Luis Obispo, CA 93401
P 805.544.7407 F 805.544.3863
NO. 82551
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ALM/AR
AR
02/24/2023
16 BN
1050 Southwood Drive
San Luis Obispo, CA 93401
P 805.544.7407 F 805.544.3863
NO. 82551
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CITY SPECIFICATION NO.

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ALM/AR
AR
02/24/2023
16 BN
1050 Southwood Drive
San Luis Obispo, CA 93401
P 805.544.7407 F 805.544.3863
NO. 82551
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CITY SPECIFICATION NO.

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CDBG SAN LUIS OBISPO CURB RAMPS
ALM/AR
AR
02/24/2023
16 BN
1050 Southwood Drive
San Luis Obispo, CA 93401
P 805.544.7407 F 805.544.3863
NO. 82551
EXP.

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1000576

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CITY SPECIFICATION NO.

DATE:

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CDBG SAN LUIS OBISPO CURB RAMPS
ALM/AR
AR
02/24/2023
16 BN
1050 Southwood Drive
San Luis Obispo, CA 93401
P 805.544.7407 F 805.544.3863
NO. 82551
EXP.

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1000576

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CITY SPECIFICATION NO.

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CDBG SAN LUIS OBISPO CURB RAMPS
ALM/AR
AR
02/24/2023
16 BN
1050 Southwood Drive
San Luis Obispo, CA 93401
P 805.544.7407 F 805.544.3863
NO. 82551
EXP.

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1000576

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CITY SPECIFICATION NO.

DATE:

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CDBG SAN LUIS OBISPO CURB RAMPS
ALM/AR
AR
02/24/2023
16 BN
1050 Southwood Drive
San Luis Obispo, CA 93401
P 805.544.7407 F 805.544.3863
NO. 82551
EXP.

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1000576

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CITY SPECIFICATION NO.

DATE:

PROJECT TITLE:

SHEET TITLE:
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CDBG SAN LUIS OBISPO CURB RAMPS
ALM/AR
AR
02/24/2023
16 BN
1050 Southwood Drive
San Luis Obispo, CA 93401
P 805.544.7407 F 805.544.3863
NO. 82551
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CITY SPECIFICATION NO.

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CDBG SAN LUIS OBISPO CURB RAMPS
ALM/AR
AR
02/24/2023
16 BN
1050 Southwood Drive
San Luis Obispo, CA 93401
P 805.544.7407 F 805.544.3863
NO. 82551
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CITY SPECIFICATION NO.

DATE:

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SHEET TITLE:
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CDBG SAN LUIS OBISPO CURB RAMPS
ALM/AR
AR
02/24/2023
16 BN
1050 Southwood Drive
San Luis Obispo, CA 93401
P 805.544.7407 F 805.544.3863
NO. 82551
EXP.

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CITY SPECIFICATION NO.

DATE:

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SHEET TITLE:
of
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CDBG SAN LUIS OBISPO CURB RAMPS
ALM/AR
AR
02/24/2023
16 BN
1050 Southwood Drive
San Luis Obispo, CA 93401
P 805.544.7407 F 805.544.3863
NO. 82551
EXP.

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1000576

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CITY SPECIFICATION NO.

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SHEET TITLE:
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CDBG SAN LUIS OBISPO CURB RAMPS
ALM/AR
AR
02/24/2023
16 BN
1050 Southwood Drive
San Luis Obispo, CA 93401
P 805.544.7407 F 805.544.3863
NO. 82551
EXP.

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SIGNAGE & STRIPING PLAN
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CITY SPECIFICATION NO.

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SHEET TITLE:
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CDBG SAN LUIS OBISPO CURB RAMPS
ALM/AR
AR
02/24/2023
16 BN
1050 Southwood Drive
San Luis Obispo, CA 93401
P 805.544.7407 F 805.544.3863
NO. 82551
EXP.

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CITY SPECIFICATION NO.

DATE:

PROJECT TITLE:

SHEET TITLE:
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SHEET NO.DESIGNED BY:DRAWN BY:CHECKED BY:APPROVED BY:SCALE:

CDBG SAN LUIS OBISPO CURB RAMPS
ALM/AR
AR
02/24/2023
16 BN
1050 Southwood Drive
San Luis Obispo, CA 93401
P 805.544.7407 F 805.544.3863
NO. 82551
EXP.

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SIGNAGE & STRIPING PLAN
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SPECIAL PROVISIONS
FOR

CITY OF SAN LUIS OBISPO
CDBG CURB RAMPS 2022
Specification No. 2000576
APRIL 2023

PUBLIC WORKS DEPARTMENT

ENGINEERING DIVISION
919 Palm Street
San Luis Obispo, CA 93401
(805) 781-7200

CDBG CURB RAMPS 2022
Specification No. 1000576
Approval Date: April 4, 2023
4/12/2023
4/12/2023

TABLE OF CONTENTS
NOTICE TO BIDDERS..................................................................................................... I BID SUBMISSION......................................................................................................................................I BID DOCUMENTS ....................................................................................................................................II PROJECT INFORMATION........................................................................................................................II QUALIFICATIONS....................................................................................................................................III AWARD .....................................................................................................................................................V ACCOMMODATION..................................................................................................................................V BID FORMS ....................................................................................................................A BID ITEM LIST FOR CDBG CURB RAMPS 2022, SPECIFICATION NO. 1000576................................A LIST OF SUBCONTRACTORS................................................................................................................ C PUBLIC CONTRACT CODE SECTION 10285.1 STATEMENT.............................................................. D PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE......................................................... D PUBLIC CONTRACT CODE SECTION 10232 STATEMENT................................................................. D LABOR CODE SECTION 1725.5 STATEMENTS ................................................................................... D NON-COLLUSION DECLARATION..........................................................................................................F BIDDER ACKNOWLEDGEMENTS.......................................................................................................... G QUALIFICATIONS.................................................................................................................................... H

CERTIFICATION REQUIREMENT FOR PROCUREMENT OF STEEL, IRON, OR MANUFACTURED PRODUCTS. ..............................................................................................................................................I

CERTIFICATION REQUIREMENT FOR PROCUREMENT OF BUSES, OTHER ROLLING STOCK AND ASSOCIATED EQUIPMENT. ...................................................................................................................I CONSTRUCTION CONTRACT DBE COMMITMENT..............................................................................L DBE GOOD FAITH EFFORT VERIFICATION..........................................................................................S ATTACH BIDDER'S BOND TO ACCOMPANY BID................................................................................. U SPECIAL PROVISIONS.................................................................................................. 1 DIVISION I GENERAL PROVISIONS.......................................................................................................1 1 GENERAL...........................................................................................................................................1 2 BIDDING.............................................................................................................................................1 ADD TO SECTION 2-1.12A DBE...............................................................................................................1 3 CONTRACT AWARD AND EXECUTION...........................................................................................2 4 SCOPE OF WORK.............................................................................................................................2 7 LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC.......................................................2 8 PROSECUTION AND PROGRESS ...................................................................................................3 DIVISION V SURFACINGS AND PAVEMENTS.......................................................................................3 39 ASPHALT CONCRETE ....................................................................................................................3 DIVISION VIII MISCELLANEOUS CONSTRUCTION ..............................................................................3 73 CONCRETE CURBS AND SIDEWALKS .........................................................................................3

DIVISION IX TRAFFIC CONTROL DEVICES...........................................................................................5 84 MARKINGS.......................................................................................................................................5 DIVISION XIII APPENDICES....................................................................................................................5 APPENDIX A - FORM OF AGREEMENT ........................................................................ .

APPENDIX B – REQUIREMENTS FOR FEDERALLY ASSISTED CONSTRUCTION PROJECTS FUNDED WITH COMMUNITY DEVELOPMENT BLOCK GRANTS………… APPENDIX C – RAMP REINFORCEMENT LIMITS EXHIBIT...........................................

APPENDIX D – DAVIS-BACON WAGE DETERMINATION .............................................

NOTICE TO BIDDERS
i

NOTICE TO BIDDERS

BID SUBMISSION
Sealed bids will be received by the City of San Luis Obispo at the Public Works Administration Office located at 919 Palm Street, San Luis Obispo, California 93401, until 11:00 a.m. on May 11, 2023
at which time they will be publicly opened and read aloud. Submit bid in a sealed envelope plainly marked:

CDBG Curb Ramps 2022, Specification No. 1000576
Any bid received after the time and date specified will not be considered and will be returned to the bidder unopened. Bids received by Fax or Email will not be considered.

By submission of bid you agree to comply with all instruction and requirements in this notice and the contract documents.

All bids must be submitted on the Bid Item List form(s) provided and submitted with all other Bid Forms included in these Special Provisions.

Each bid must be accompanied by either a:

1. certified check

2. cashier's check

3. bidder's bond
made payable to the City of San Luis Obispo for an amount equal to ten percent of the bid amount as a guaranty. Guaranty will be forfeited to the City San Luis Obispo if the bidder, to whom the contract is awarded, fails to enter into the contract.

The City of San Luis Obispo reserves the right to accept or reject any or all bids or waive any informality in a bid.

All bids are to be compared based on the City Engineer's estimate of the quantities of work to be done, as shown on the Bid Item List.

Bids will only be accepted from bidders that are licensed in compliance with the provisions of Chapter 9, Division III of Business and Professions Code.

The award of the contract, if awarded, will be to the lowest responsive bid submitted by a responsible contractor whose bid complies with the requirements prescribed. If the contract is awarded, the contract will be awarded within 60 calendar days after the opening of the bids.

Failure to raise defects in the notice to bidders or bid forms prior to bid opening constitute a waiver of those defects.

NOTICE TO BIDDERS

NOTICE TO BIDDERS
ii

BID DOCUMENTS
A copy of the plans and special provisions may be downloaded, free of charge, from the City’s website at:
www.slocity.org/government/department-directory/public-works/public-works-bidsproposals No printed copies are available for purchase at the City office.

Standard Specifications and Engineering Standards referenced in the Special Provisions may be downloaded, free of charge, from the City’s website at:
www.slocity.org/government/department-directory/public-works/documentsonline/construction-documents You are responsible to obtain all issued addenda prior to bid opening. Addenda will be available to download at the City’s website listed above or at the office of the City Engineer.

Contact the project manager, Wyatt Banker-Hix at 805-295-1609 or the Public Works Department at (805) 781-7200 prior to bid opening to verify the number of addenda issued.

You are responsible to verify your contact information is correct on the plan holders list located on the City’s website at:
www.slocity.org/government/department-directory/public-works/public-works-bidsproposals.

PROJECT INFORMATION
In general, the project involves the installation of curb ramps along Augusta Street.

The project estimated construction cost and contract time established for the project is as follows:

BASE BID: $550,000 50 working days
ADDITIVE ALTERNATIVE “A”: $100,000 25 working days
TOTAL PROJECT BID (BASE BID + ADD ALT. “A”) $650,000
The fixed liquidated damages amount is established at $500 per day for failure to complete the work within the contract time.

NOTICE TO BIDDERS

NOTICE TO BIDDERS
iii
In compliance with section 1773 of the Labor Code, the State of California Department of Industrial Relations has established prevailing hourly wage rates for each type of workman. Current wage rates may be obtained from the Division of Labor at:
https://www.dir.ca.gov/oprl/DPreWageDetermination.htm
This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

Bidders are hereby notified that this contract is subject to the Requirements for Federally Assisted Construction Projects Funded with Community Development Block Grants Listed in Appendix B.

This contract is subject to the Davis-Bacon Federal minimum wage rates and State prevailing wage rates.

In addition to the State prevailing wage rates, the Federal minimum wages for this project, as predetermined by the United States Secretary of Labor, are incorporated in this document in Appendix D.

If there is a difference between the Federal Minimum Wages and the General Prevailing Wage Determinations, as predetermined by the Secretary of Labor and by the Director of the California Department of Industrial Relations for similar classifications of labor, the Contractor and subcontractors must pay the higher wage rate.

The Department will not accept lower State wage rates not specifically included in the Federal minimum wage determinations. This includes “helper”, other classifications based on hours of experience, or any other classifications not appearing in the Federal wage determinations. Where Federal wage determinations do not contain the State wage rate determination, the Contractor and subcontractor cannot pay less than the Federal minimum wage rate which most closely approximates the duties of employees in question.

A Contractor’s Guide to Prevailing Wage Requirements for Federally-Assisted Construction may be obtained from the U.S. Department of Housing and Urban Development website:
https://files.hudexchange.info/resources/documents/Davis-Bacon-and-LaborStandards-Contractor-Guide-Addendum.pdf

QUALIFICATIONS
You must possess a valid Class A or C-8 Contractor's License at the time of the bid opening.

NOTICE TO BIDDERS

NOTICE TO BIDDERS
iv
You and any subcontractors required to pay prevailing wage must be registered with the Department of Industrial Relations pursuant to Section 1725.5 of the Labor Code.

You must have experience constructing projects similar to the work specified for this project. Provide three similar reference projects completed as either the prime or subcontractor. All referenced projects must have been completed within the last five years from this project’s bid opening date.

One of the three reference projects must have been completed under contract with a city, county, state or federal government agency as the prime contractor.

Three (3) of the referenced projects must be for construction of ADA compliant curb ramps within the Public Right-of-Way.

Failure to provide reference projects as specified in this section and as required on the qualification form is cause to reject a bid as being non-responsive.

The City reserves the right to reject any bid based on non-responsiveness if a bidder fails to provide a bid that complies with all bidding instructions.

The City reserves the right to reject a responsive bid based on the non-responsibility of the bidder if the Director of Public Works or Designee finds, after providing notice and a hearing to the bidder, that the bidder lacks the

1. knowledge

2. experience,

3. or is otherwise not responsible
as defined in Section 3.24 of the San Luis Obispo Municipal Code to complete the project in the best interest of the City.

Rejected bidders may appeal this determination. Appeal must comply with the requirements in this Notice to Bidders.

It is the City of San Luis Obispo’s intent to award the contract to the lowest responsive bid submitted by a responsible bidder. If in the bidder’s opinion the contract has been or may be improperly awarded, the bidder may protest the contract award.

Protests must be filed no later than five working days after either:

1. bid opening date

2. notification of rejected bid.

Protest must be in writing and received by the project manager located at:
919 Palm Street
San Luis Obispo, CA 93401.

Valid protests must contain the following information:

NOTICE TO BIDDERS

NOTICE TO BIDDERS
v

1. the reasons for the protest

2. any supporting documentation

3. the ruling expected by the City to remedy the protest.

Any protest not containing all required information will be deemed invalid and rejected.

The City will consider additional documentation or other supporting information regarding the protest if submitted in compliance to the specified time limits. Anything submitted after the specified time limit will be rejected and not be considered.

The Director of Public Works or Designee may request additional information to be submitted within three days of the request, unless otherwise specified, and will notify the protester of ruling within ten days of determination.

If the protester is not satisfied with ruling, the protester may appeal the ruling to the City Council in compliance with Chapter 1.20 of the City of San Luis Obispo Municipal Code.

Pursuant to the Public Records Act (Government Code, § 6250, et seq.), the City will make public records available upon request.

AWARD
The lowest bidder will be determined in compliance with Public Contract Code Section 20103.8(c) with the Publicly Disclosed Funding Amount of $650,000 using either:
• TOTAL PROJECT BID, if bid for Base Bid + Add. Alt. “A” is less than $650,000 or • BASE BID, if bid is less than $650,000 and Base Bid + Add. Alt. “A” is greater than $650,000.

As a condition to executing a contract with the City, two bonds each equal to one hundred percent of the total contract price are required in compliance with Section 3-1.05 of the Standard Specifications.

You may substitute securities for moneys withheld under the contract in compliance with the provisions of the Public Contract Code, Section 10263.

ACCOMMODATION
If any accommodations are needed to participate in the bid process, please contact Argelia Chang at (805) 781-7200 or by Telecommunications Device for the Deaf at (805) 781-7107. Requests should be made as early as possible in the bidding process to allow time for accommodation.

BID FORMS
A

BID FORMS
All bid forms must be completed and submitted with your bid. Failure to submit these forms and required bid bond is cause to reject the bid as nonresponsive. Staple all bid forms together.

THE UNDERSIGNED, agrees that they have carefully examined:

1. the location of the proposed work

2. the plans and specifications

3. read the accompanying instructions to bidders
and propose to furnish all:

4. materials

5. labor
to complete all the required work satisfactorily in compliance with

6. plans

7. specifications

8. special provisions
for the prices set forth in the bid item list:

BID ITEM LIST FOR CDBG CURB RAMPS 2022, SPECIFICATION NO. 2000576 Item Item Unit of Estimated Item Price Total
No. SS(1) Description Measure Quantity (in figures) (in figures) 1 5 Construction Surveying LS 1 ---
2 77 Pothole and Dip Manholes LS 1 ---
3 12 Traffic Control LS 1 ---
4 13 Water Pollution Control Program LS 1 ---
5 73 NW Curb Ramp:

Augusta St & San Carlos Dr LS 1 ---
6 73 SW Curb Ramp:

Augusta St & San Carlos Dr LS 1 ---
7 73 NW Curb Ramp:

Augusta St & Reba St LS 1 ---
8 73 SW Curb Ramp:

Augusta St & Reba St LS 1 ---
9 73 NE Curb Ramp:

Augusta St & Sydney St LS 1 ---
10 73 SE Curb Ramp:

Augusta St & Sydney St LS 1 ---
11 73 East Side Curb Ramp: Midblock
Augusta St & Gerda St LS 1 ---
12 73 NW Curb Ramp:

Augusta St & Sydney St LS 1 ---
13 73 SW Curb Ramp:

Augusta St & Sydney St LS 1 ---
14 73 SE Curb Ramp:

Augusta St & Gerda St LS 1 ---
15 73 NW Curb Ramp:

Augusta St & Greta Pl LS 1 ---

BID FORMS

BID FORMS
B
Item Item Unit of Estimated Item Price Total
No. SS(1) Description Measure Quantity (in figures) (in figures) 16 73 SW Curb Ramp:

Augusta St & Greta Pl LS 1 ---
17 73 NE Curb Ramp:

Augusta St & San Marcos Ct LS 1 ---
18 73 SE Curb Ramp:

Augusta St & San Marcos Ct LS 1 ---
19 73 Remove & Replace Concrete
Cross Gutter SQFT 154
20 39 Remove & Replace Asphalt
Pavement Section (Sydney St) SQFT 701
21 77 Repaint Fire Hydrant EA 2
22 15 Remove and Abandon Fire
Hydrant Assembly EA 1
23 77 Install Fire Hydrant Assembly EA 1
24 84 Striping Removal LS 1 ---
25 84 Striping and Markings LS 1 ---
26 37 Fog Seal SQFT 10,510
27 82 Relocate Sign and Post EA 9
28 82 Install New Sign and Post EA 5 ---
29 73 Sidewalk Replacement
Allowance SQFT 250
30 73 Curb and Gutter Replacement
Allowance LF 50
Base Bid $
31 5
Additive Alternate Construction
Surveying LS 1 ---
32 77 Additive Alternate Pothole and
Dip Manholes LS 1 ---
33 12 Additive Alternate Traffic Control LS 1 ---
34 13 Additive Alternate Water
Pollution Control Program LS 1 ---
35 73 SE Curb Ramp:

Augusta St & Bishop St LS 1 ---
36 73 SW Curb Ramp:

Augusta St & Bishop St LS 1 ---
37 73 NE Curb Ramp:

Augusta St & Ceclia Ct LS 1 ---
38 73 SE Curb Ramp:

Augusta St & Cecelia Ct LS 1 ---
39 73 NW Curb Ramp:

Augusta St & San Mateo Dr LS 1 ---
40 73 SW Curb Ramp:

Augusta St & San Mateo Dr LS 1 ---
Additive Alternative Bid “A” $
Total Project Bid= (Base Bid + Additive Alternative “A”) $ (1) refers to section in the Standard Specifications, with modifications in the Special Provisions, that describe required work.

BID FORMS

BID FORMS
C

LIST OF SUBCONTRACTORS
Pursuant to Section 4100 of the Public Contracts Code and section 2-1.33C of the standard specifications, the Bidder is required to furnish the following information for each Subcontractor performing more than 1/2 percent (0.5%) of the total base bid. Do not list alternative subcontractors for the same work. Subcontracting must not total more than fifty percent (50%) of the submitted bid except as allowed in section 5-1.13 of the standard specifications.

For Streets & Highways projects, subcontractors performing less than ten thousand dollars ($10,000) worth of work need not be mentioned. Subcontractors required to pay prevailing wage, must be registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 to be listed.

NOTE: If there are no subcontractors, write “NONE” and submit with bid.

Name Under Which
Subcontractor is Licensed License Number
DIR Public
Works
Registration
Number
Address and Phone
Number of Office, Mill or
Shop
Specific
Description of
Subcontract
% of
Total
Base
Bid
Attach additional sheets as needed.

BID FORMS

BID FORMS
D
PUBLIC CONTRACT CODE SECTION 10285.1 STATEMENT
In compliance with Public Contract Code Section 10285.1 (Chapter 376, Stats. 1985), the bidder hereby declares under penalty of perjury under the laws of the State of California that the bidder, or any subcontractor to be engaged by the bidder, has ____, has not ____ been convicted within the preceding three years of any offenses referred to in that section, including any charge of fraud, bribery, collusion, conspiracy, or any other act in violation of any state or federal antitrust law in connection with the bidding upon, award of, or performance of, any public works contract, as defined in Public Contract Code Section 1101, with any public entity, as defined in Public Contract Code Section 1100, including the Regents of the University of California or the Trustees of the California State University. The term "bidder" is understood to include any partner, member, officer, director, responsible managing officer, or responsible managing employee thereof, as referred to in Section 10285.1.

NOTE: The bidder must place a check mark after "has" or "has not" in one of the blank spaces provided. The above Statement is part of the Bid. Signing this Bid on the signature portion constitute signature of this Statement. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.

PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE
In compliance with Public Contract Code Section 10162, the Bidder must complete, under penalty of perjury, the following questionnaire:

Has the bidder, any officer of the bidder, or any employee of the bidder who has a proprietary interest in the bidder, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation?
Yes No
If the answer is yes, attach a letter explaining the circumstances PUBLIC CONTRACT CODE SECTION 10232 STATEMENT
In compliance with Public Contract Code Section 10232, you hereby state under penalty of perjury, that no more than one final unappealable finding of contempt of court by a federal court has been issued against you within the immediately preceding two-year period because of your failure to comply with an order of a federal court which orders you to comply with an order of the National Labor Relations Board.

LABOR CODE SECTION 1725.5 STATEMENTS
The bidder has delinquent liability to an employee or the state for any assessment of back wages or related damages, interest, fines, or penalties pursuant to any final judgment, order, or determination by a court or any federal, state, or local administrative agency, including a confirmed arbitration award. Any judgment, order, or determination that is under appeal is excluded, provided that the contractor has secured the payment of any amount eventually found due through a bond or other appropriate means.

BID FORMS

BID FORMS
E
Yes No
The bidder is currently debarred under Section 1777.1 or under any other federal or state law providing for the debarment of contractors from public works.

Yes No
NOTE: The above Statements and Questionnaire are part of the Bid. Signing this Bid on the signature portion constitute signature of this Statement and Questionnaire. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.

BID FORMS

BID FORMS
F

NON-COLLUSION DECLARATION
I, , declare that
I am of ,
the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone refrained from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.

Executed on , 20 , in __
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
(Signature and Title of Declarant)
(SEAL)
Subscribed and sworn to before me
this _______day of _________, 20_____
Notary Public
Company Name:____________________

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BIDDER ACKNOWLEDGEMENTS
By signing below, the bidder acknowledges and confirms that this bid is based on the information contained in all contract documents, including the notice to bidders, plans, specifications, special provisions, and addendum number(s) . (Note: You are responsible to verify the number of addenda prior to the bid opening.)
The undersigned further agrees that in case of default in executing the required contract, with necessary bonds, within eight days, (not including Saturdays, Sundays, and legal holidays), after having received a mailed notice that the contract is ready for signature, the proceeds of the check or bond accompanying his bid will become the property of the City of San Luis Obispo.

Licensed in accordance with an act providing for the registration of contractors, License No. , Expiration Date .

The above statement is made under penalty of perjury, and any bid not containing this information "will be considered non-responsive and will be rejected” by the City.

Signature of Bidder
(Print Name and Title of Bidder)
DIR– Public Works
Registration No:

Business Name (DBA):

Owner/Legal Name:

Indicate One: Sole-proprietor  Partnership Corporation List Partners/Corporate Officers:

Name Title
Name Title
Name Title
Business Address
Street Address
Mailing Address
City, State, Zip Code
Phone Number
Fax Number
Email Address
Date

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QUALIFICATIONS
Failure to furnish complete reference information ON THIS FORM, as specified in this project’s Notice to Bidders and indicated below, is cause to reject the bid. Additional information may be attached but is not a substitute for this form.

Reference Number 1
Customer Name & Contact Individual
Telephone & Email
Project Name (Site Address):

Is this similar to the project being bid
and did this project include curb ramp
construction ? Yes □ No □
Describe the services provided and how this project is similar to that which is being bid:

Date project completed:

Was this contract for a public agency?
Yes □ No □
Reference Number 2
Customer Name & Contact Individual
Telephone & Email
Project Name (Site Address):

Is this similar to the project being bid
and did this project include curb ramp
construction? Yes □ No □
Describe the services provided and how this project is similar to that which is being bid:

Date project completed:

Was this contract for a public agency?
Yes □ No □
Reference Number 3
Customer Name & Contact Individual
Telephone & Email
Project Name (Site Address):

Is this similar to the project being bid
and did this project include curb ramp
construction? Yes □ No □
Describe the services provided and how this project is similar to that which is being bid:

Date project completed:

Was this contract for a public agency?
Yes □ No □

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Buy America Federal Clause

CERTIFICATION REQUIREMENT FOR PROCUREMENT OF STEEL, IRON, OR MANUFACTURED PRODUCTS.

Certificate of Compliance with 49 U.S.C. 5323(j)(1)
The bidder or offeror hereby certifies that it will meet the requirements of 49 U.S.C. 5323(j)(1) and the applicable regulations in 49 CFR Part 661.5.

Date
Signature
Company Name
Title
Certificate of Non-Compliance with 49 U.S.C. 5323(j)(1) The bidder or offeror hereby certifies that it cannot comply with the requirements of 49 U.S.C. 5323(j)(1) and 49 CFR 661.5, but it may qualify for an exception pursuant to 49 U.S.C. 5323(j)(2)(A), 5323(j)(2)(B), or 5323(j)(2)(D), and 49 C.F.R. 661.7.

Date
Signature
Company Name
Title

CERTIFICATION REQUIREMENT FOR PROCUREMENT OF BUSES, OTHER ROLLING STOCK AND ASSOCIATED EQUIPMENT.

Certificate of Compliance with 49 U.S.C. 5323(j)(2)I.

The bidder or offeror hereby certifies that it will comply with the requirements of 49 U.S.C. 5323(j)(2)I and the regulations at 49 C.F.R. Part 661.11.

Date
Signature
Company Name
Title

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Certificate of Non-Compliance with 49 U.S.C. 5323(j)(2)I The bidder or offeror hereby certifies that it cannot comply with the requirements of 49 U.S.C. 5323(j)(2)I and 49 C.F.R. 661.11, but may qualify for an exception pursuant to 49 U.S.C. 5323(j)(2)(A), 5323(j)(2)(B), or 5323(j)(2)(D), and 49 CFR 661.7.

Date
Signature
Company Name
Title

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Anti-lobbying Form and Disclosure

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EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION
CHECK ONE THAT APPLIES:
 Applies. This contract/subcontract is over $10,000
 Does not apply. Contract/Subcontract is $10,000 or less NOTE: Contractor shall be responsible to submit subcontractor’s certifications at time of award.

The bidder ____________________________________________________________, proposed subcontractor _________________________________________________, hereby certifies that he ________________ (has, has not) participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filling requirements.

Note: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60-1.7(b) (1)), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60-1.5. (Generally only contracts or subcontracts of $10,000 or under are exempt.) Currently, Standard Form 100 (EEO-1) is the only report required by the Executive Orders or their implementing regulations.

Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7(b) (1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor. (THE BIDDER'S EXECUTION ON THE SIGNATURE PORTION OF THIS PROPOSAL

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SHALL ALSO CONSTITUTE AN ENDORSEMENT AND EXECUTION OF THOSE

CERTIFICATIONS WHICH ARE A PART OF THIS PROPOSAL)

DEBARMENT AND SUSPENSION CERTIFICATION
TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29
CHECK ONE THAT APPLIES:
 Applies. This contract/subcontract is over $25,000
 Does not apply. Contract/Subcontract is $25,000 or less The bidder, under penalty of perjury, certifies that, except as noted below, he/she or any other person associated therewith in the capacity of owner, partner, director, officer, manager:
• Is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any Federal agency.
• Has not been suspended, debarred, voluntarily excluded, or determined ineligible by any Federal agency within the past 3 years.
• Does not have a proposed debarment pending; and has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past 3 years.

If there are any exceptions to this certification, insert the exceptions in the following space.

Exceptions will not necessarily result in denial of award, but will be considered in determining bidder responsibility. For any exception noted above, indicate below to whom it applies, initiating agency, and dates of action.

Notes: Providing false information may result in criminal prosecution or administrative sanctions. The above certification is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Certification.

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NON-LOBBYING CERTIFICATION FOR FEDERAL-AID CONTRACTS
CHECK ONE THAT APPLIES:
 Applies. This contract/subcontract is over $100,000
 Does not apply. Contract/Subcontract is $100,000 or less The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that:

No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard FormLLL, "Disclosure of Lobbying Activities," in accordance with its instructions. Form can be found in
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code.

Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly.

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LABOR STANDARDS AND PREVAILING WAGE REQUIREMENTS

CONTRACTOR'S CERTIFICATION
To: City of San Luis Obispo/Public Works Dept. Date:
919 Palm Street, San Luis Obispo, CA Project Number: 2000576 C/O: City Engineer Project Name: CDBG Curb Ramps
2022

1. The undersigned, having executed a contract with the City of San Luis Obispo for the construction of the above-identified project, acknowledges that:
(a) The Labor Standards Provisions are included in the aforesaid contract. (b) Correction of any infractions of the aforesaid conditions, including infractions by any of his subcontractors and any lower tier subcontractors, is his responsibility:

2. He certifies that:
(a) Neither he nor any firm, partnership or association in which he has substantial interest is designated as an ineligible contractor by the Comptroller General of the United States pursuant to Section 5.6(b) of the Regulations of the Secretary of Labor, Part 5 (29 CFR, Part 5) or pursuant to Section 3(a) of the Davis-Bacon Act, as amended (40 U.S.C. 276a-2(a)).
(b) No part of the aforementioned contract has been or will be subcontracted to any subcontractor if such subcontractor or any firm, corporation, partnership or association in which such subcontractor has a substantial interest is designated as an eligible contractor pursuant to any of the aforementioned regulatory or statutory provisions.

3. He agrees to obtain and forward to the aforementioned recipient within ten days after the execution of any subcontract, including those executed by his subcontractors and an lower tier subcontractors, a Subcontractor's Certification Concerning Labor Standards and Prevailing Wage Requirements executed by the subcontractors.

4. He certifies that:

The legal name and the business address of the undersigned are:

The undersigned is:

A Single proprietorship
A Corporation organized in the State of: ________
A Partnership
Other Organization (Describe)_________________________________ Signature: Name and Title:

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LABOR STANDARDS AND PREVAILING WAGE REQUIREMENTS

SUBCONTRACTOR'S CERTIFICATION
(Contractor to execute with subcontractors and forward to City along with signed contract and bonds)
To: City of San Luis Obispo/Public Works Dept. Date:
919 Palm Street, San Luis Obispo, CA Project Number: 2000576 C/O: City Engineer Project Name: CDBG Curb Ramps
2022

1. The undersigned, having executed a contract with
(Contractor or Subcontractor)
for in the amount of $ in
(Nature of Work)
the construction of the above-identified project, certifies that:
(a) The Labor Standards Provisions of the Contract for Construction are included in the aforesaid contract.
(b) Neither he nor any firm, corporation, partnership or association in which he has a substantial interest is designated as an ineligible contractor by the Comptroller General of the United States pursuant to Section 5.60(b) of the Regulations of the Secretary of Labor, Part 5 (29 CFR, Part 5), or pursuant to Section 3(a) of the Davis-Bacon Act, as amended (40 U.S.C. 276a-2(a)). (c) No part of the aforementioned contract has been or will be subcontracted to any subcontractor if such subcontractor or any firm, corporation, partnership or association in which such subcontractor has a substantial interest in designate as an ineligible contractor pursuant to the aforesaid regulatory or statutory provisions.

2. He agrees to obtain and forward to the contractor, for transmittal to the recipient, within ten days after the execution of any lower subcontract, a Subcontractor's Certification Concerning Labor Standards and Prevailing Wage Requirements, executed by the lower tier subcontractor, in duplicate.

3. He certifies that:

The legal name and the business address of the undersigned is:

The undersigned is:

A Single proprietorship
A Corporation organized in the State of:

A Partnership
Other Organization (Describe)_________________________________ Signature: Name and Title:

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(Make additional copies as needed for all subcontractors)

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Local Agency Contract Number:

Federal-Aid Project Number:

Bid Opening Date:

Contract Award Date:

Local Agency certifies that all DBE certifications are valid and information on this form is complete and accurate.

25. Local Agency Representative's Signature 26.

Date

16. Preparer's Signature 17.

Date

27. Local Agency Representative's Name 28. Phone 18. Preparer's Name 19. Phone

29. Local Agency Representative's Title 20. Preparer's Title IMPORTANT: Identify all DBE firms being claimed for credit, regardless of tier. Names of the First Tier DBE Subcontractors and their respective item(s) of work listed above must be consistent, where applicable with the names and items of the work in the "Subcontractor List" submitted with your bid.

Written confirmation of each listed DBE is required.

15. TOTAL CLAIMED DBE PARTICIPATION
Local Agency to Complete this Section

14. DBE
Dollar
Amount

13. DBE Contact Information
(Must be certified on the date bids are opened)

12. DBE
Certification
Number

11. Description of Work, Service, or
Materials Supplied

10. Bid
Item
Number

CONSTRUCTION CONTRACT DBE COMMITMENT
The City of San Luis Obispo (“City”), established a Disadvantaged Business Enterprise (DBE) goal for this project.

1. Local Agency:_City of San Luis Obispo______ 2. Contract DBE Goal:_______25%__________

3. Project Description:_ CDBG Curb Ramps 2022 (Specification 2000576)__________________________

4. Project Location:__ Augusta Street – Bishop St to San Marcos Ct____________________ Bidder’s Name:______________________ 6. Prime Certified DBE: 7. Bid Amount:_______________

8. Total Dollar Amount for ALL Subcontractors: ___________9. Total Number of ALL Subcontractors: ________

DISTRIBUTION: 1. Original –Agency. 2. Copy – Federal Grant Administrator. Failure to submit to within 30 days of contract execution may result in de-obligation of federal funds on contract. Include additional copy with award package.

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DBE GOOD FAITH EFFORT VERIFICATION
Construction Project: CDBG Curb Ramps 2022
Specification No. 2000576
Bidder Name: ________________________________ Bidder Phone Number: __________________ Bidder Address: ________________________________________________________________________ Bid Meets DBE Goal (yes or no) ________ If no, proceed with Good Faith Effort Verification.

The City of San Luis Obispo (“City”), in accordance with 40 CFR part 33, requires Bidders to provide information pertaining to the use of minority businesses, women’s business enterprises, and labor surplus area firms (referred to herein as “DBEs”).

Please provide the following information, using additional sheets of paper if necessary, and submit this form with your bid. Bidder should also submit mail logs, phone logs, electronic searches and communication, newspaper clippings or similar records documenting efforts to meet the Good Faith Effort requirements.

1. Solicitation Lists/Publications. The names and dates of each publication in which a request for DBE participation for this Project was placed by the Bidder (please attach copies of advertisements and/or proofs of publication), or information related to solicitation lists on which DBEs were included:

Publications/Solicitation Lists Dates of Advertisement

2. Soliciting DBEs as Potential Sources. The names and dates of written notices sent to certified DBEs soliciting bids for this Project and the dates and methods used for following up initial solicitations to determine with certainty whether the DBEs were interested (please attach copies of solicitations, telephone records, fax confirmations, etc.):

Name of DBEs Solicited Date of Initial
Solicitation
Follow Up Methods and Dates

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3. Division of Requirements. The items of work which the Bidder made available to DBE firms including, where appropriate, any breaking down of the contract work items (including those items normally performed by the Bidder with its own forces) into economically feasible units to facilitate DBE participation. It is the Bidder’s responsibility to demonstrate that sufficient work to facilitate DBE participation was made available to DBE firms.

Items of Work Bidder
Normally
Performs
Item?
(Yes/No)
Breakdown of Items Amount ($) Percentage of
Contract (%)

4. Delivery Schedules. Efforts made to establish delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women’s business enterprises:
______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________

5. Contracting with DBE Consortium. Efforts to encourage contracting with a consortium of DBEs when a contract is too large for one of these firms to handle individually:
______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________

6. Services of Other Agencies. The names of agencies, organizations or groups contacted to provide assistance in contacting, recruiting and using DBE firms, such as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce (please attach copies of requests to agencies and any responses received, i.e., lists, Internet page download, etc.):

Name of Agency/Organization Method/Date of Contact Results Any additional data to support a demonstration of good faith efforts (use additional sheets if necessary):
______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________

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ATTACH BIDDER'S BOND TO ACCOMPANY BID
Know all men by these presents:

That we ____________________________________________, AS PRINCIPAL, and _______________________________________________________, AS SURETY, are held and firmly bound unto the City of San Luis Obispo in the sum of:
____________________________________________________ Dollars (_____________) to be paid to said City or its certain attorney, its successors and assigns; for which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents:

THE CONDITION OF THIS OBLIGATION IS SUCH, that if the certain bid of the above bounden ______________________________________________________________________ to construct ___________________________________________________________________ (insert name of street and limits to be improved or project) dated _____________________ is accepted by the City of San Luis Obispo, and if the above bounden _______________________________________________________, his heirs, executors, administrators, successors, and assigns shall duly enter into and execute a contract for such construction and shall execute and deliver the two bonds described within ten (10) days (not including Saturdays, Sundays, or legal holidays) after the above bounden,
______________________________________________________, has received notice by and from the said City of San Luis Obispo that said contract is ready for execution, then this obligation shall become null and void; otherwise, it shall be and remain in full force and virtue.

IN WITNESS WHEREOF, we hereunto set our hands and seals this ___ day of ______, 20____.

Bidder Principal:

Signature Date
Title:

Surety:

Bidder's signature is not required to be notarized. Surety's signature must be notarized.

Equivalent form may be substituted
(Rev. 6-30-14)

SPECIAL PROVISIONS
1 SPECIAL PROVISIONS

ORGANIZATION
Special provisions are under headings that correspond with the main section heading of the Standard Specifications. Each special provision begins with a revision clause that describes or introduces a revision to the Standard Specifications. Any paragraph added or deleted by a revision clause does not change the paragraph number of the Standard Specifications for any other reference to a paragraph of the Standard Specifications.

DIVISION I GENERAL PROVISIONS
1 GENERAL
Add to Section 1-1.01 GENERAL:

The work must be done in compliance with the City of San Luis Obispo, Department of Public Works:

1. CDBG Curb Ramps 2022 Special Provisions

2. City of San Luis Obispo Standard Specifications and Engineering Standards – 2020 edition

3. State of California, Department of Transportation Standard Specifications and Standard Plans – 2015 edition
In case of conflict between documents, governing ranking must comply with section 5-

1.02 of the City of San Luis Obispo’s Standard Specifications.

Failure to comply with the provisions of these sections is a material breach of contract:

1. Sections 5 through 8 of the Standard Specifications

2. Section 12 through 15 of the Standard Specifications

3. Section 77-1 of the Standard Specifications

4. Section 81 of the Standard Specifications

5. authorized working hours

6. OSHA compliance
2 BIDDING
Add To Section 2-1.12A DISADVANTAGED BUSINESS ENTERPRISES, General:

The Contractor is directed to the provisions in Appendix B of these contract documents titled: “REQUIREMENTS FOR FEDERALLY ASSISTED CONSTRUCTION PROJECTS”.

These provisions apply to all work performed under this contract. The Contractor is required to physically insert these same provisions into each subcontract and subsequent lower-tier subcontract. They may not be incorporated by reference. Failure to comply with this requirement represents grounds for contract termination and debarment.

Bidders are advised that, as required by Federal law, the City of San Luis Obispo has implemented a Disadvantaged Business Enterprise (DBE) goal. Refer to the Federal

SPECIAL PROVISIONS

SPECIAL PROVISIONS
2 requirements section of the contract documents for requirements. The DBE contract goal for this project has been set at 25.0%.
3 CONTRACT AWARD AND EXECUTION
Replace 1st and 2nd paragraph in Section 3-1.18 CONTRACT EXECUTION with:

Upon notification of project award, return:

1. executed contract

2. insurance

3. contract bonds
within five business days after the bidder receives the contract. 4 SCOPE OF WORK
Add to Section 4-1.03 WORK DESCRIPTION:

Comply with the provisions of Section(s) 5, 12, 13, 15, 39, 73, 77, 82, and 84 for general, material, construction, and payment specifics.
7 LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC
Add to Section 7-1.03B PUBLIC CONVENIENCE, Traffic Control Plan Unless otherwise stated in this section, work hours are Monday through Friday between 7:00 a.m. to 4:00 p.m. at all the affected streets. When school is in regular session work hours are 9:00 a.m. to 2:00 p.m. (Tuesday through Friday) and 9:30 a.m. to 2:00 p.m. on Mondays, unless otherwise approved by Engineer. All work at Augusta/Sydney intersection shall be constructed and completed during the summer break (June 9-August 16, 2023). When work occurs during school session, the Contractor will be responsible to provide flaggers and maintain traffic for student drop off and pick up at no additional cost to the City.

Where curb ramp improvements are proposed at multiple corners of the intersection, the contractor shall provide a phasing plan showing schedule for demolition and construction of ramps in a manner that retains pedestrian access on at least one side of the street at all times. The construction phasing approach for these ramps shall be approved to the satisfaction of the City.

Provide traffic control plan and traffic control application at or before the preconstruction meeting. Traffic control plan must be drawn to scale. Traffic control application may be obtained on the City’s website:
www.slocity.org/government/department-directory/public-works/documentsonline/construction-documents

SPECIAL PROVISIONS

SPECIAL PROVISIONS
3 Upon approval of the traffic control plan, the City will issue a no-fee Encroachment Permit.

Permittee is responsible to comply with all conditions of the traffic control plan. Complete work using due diligence to restore free flowing of traffic. 8 PROSECUTION AND PROGRESS
Replace the 1st paragraph in Section 8-1.02A SCHEDULE, General with:

Provide a Level 1 schedule for this work.

Add to Section 8-1.04B START OF JOB SITE ACTIVITIES, Standard Start:

Contract time will start on the first Monday after preconstruction meeting.

DIVISION V SURFACINGS AND PAVEMENTS
39 ASPHALT CONCRETE
Add to Section 39-1.02B MATERIALS, Tack Coat
All vertical edges to be paved against shall be tack coated. These include, but are not limited to, curb faces, gutter lips, swale edges, cross gutter edges, and asphalt concrete edges.

DIVISION VIII MISCELLANEOUS CONSTRUCTION
73 CONCRETE CURBS AND SIDEWALKS
Add to Section 73-1.03 Construction
You must meet with the Engineer for an average of 1.5 hours total per ramp to complete the following coordination tasks:

1. Before saw-cutting to agree on the limits of demolition and removal.

2. After formwork is set, to verify that grades meet those stated on the Plans.

3. Upon completion of new curb ramp installation to verify finished grades.

Curb ramps have been designed to comply with the current Caltrans Standard Plan detail RSP A88A (dated 3-30-16 as of plan preparation) and City Std. 4440. Field modifications to the design plans, if approved by the Engineer, must meet the dimensional and slopes requirements of Standard Plan RSP A88A. When measuring the ADA facility’s dimension and slopes, consider the required dimension or slope to have been met if the recorded individual measurements comply with the following:
• Dimensional measurement does not exceed ½-inch from the dimension shown, i.e. ½-inch less than a minimum dimension, or ½-inch greater than a maximum dimension

SPECIAL PROVISIONS

SPECIAL PROVISIONS
4 • Slope measurement does not exceed 0.2 percent from the slope show You must give the City a 24-hour notice for inspection of formwork before pouring the concrete.

You must calibrate all levels used in construction at the beginning of each work day.

See Exhibit A – Ramp Reinforcement Limits in Appendix E for more information regarding limits of reinforcement for Case A and Case B ramps.

You must ensure that new ramp flowlines do not create any "ponding" areas.

You are responsible for storing existing signs and boxes for reuse.

Add to Section 73-1.04 Payment
As shown on the bid item list, each new curb ramp will be paid in lump sum for all work shown on the plans for the individual corner. The lump sum price paid for each curb ramp includes all of the work involved in installing the new curb ramps. The lump sum price includes all work shown on the Plans, as specified in the Standard Specifications and these Special Provisions. It also includes work for:

1. public notices

2. traffic control

3. layout

4. elevation control

5. tree protection, if applicable

6. protection of existing utilities and improvements

7. saw-cutting

8. demolition

9. removal and disposal of demolished material

10.formwork

11.traffic stripes and pavement markings & red painting

12.asphalt concrete “paveouts”, including final HMA and temporary cold mix

13.asphalt concrete over Portland cement concrete (PCC) “paveouts”, including paving grid and temporary cold mix

14.relocation of signs

15.furnishing and installation of new signs, post and sleeves

16.furnishing and installation of new pull boxes

17.installation of curbs, curb & gutter, spandrel, sidewalk and ramps

18.reinstalling existing pull boxes

19.installation of new sidewalk underdrains

20.landscape replacement, if applicable

21.repair of existing irrigation systems & modifications as needed

22.resetting bricks

23.cleanup

SPECIAL PROVISIONS

SPECIAL PROVISIONS
5 Payment for varying widths of “paveouts” per plans required by City Standards are included in the applicable curb ramp replacement lump sum price. Payment for AC/PCC replacement at the intersection of Augusta and Sydney will be paid by a separate bid item, as shown on the plans.

Full compensation for concrete cross gutters is paid on a square footage basis as shown in the bid item list and is identified as the portion of the cross gutter between gutter spandrels.

Bid items 29 and 30 are additional items intended for field changes and additions to work shown on the plans. The intent of the additional items is to provide additional payment to conform specified work to existing field conditions on a per unit price basis. Section 9 -

1.06 is waived for these items and you are advised that items may be increased, decreased or deleted in their entirety without any additional compensation. 77 LOCAL INFRASTRUCTURE
Add to Section 77-1.01 EXCAVATION AND RESTORATION, GENERAL; Protection and restoration of survey monuments and bench marks must comply with Section 5-1.26 and 5-1.36.

DIVISION IX TRAFFIC CONTROL DEVICES
84 MARKINGS
Add to Section 84-2.03C Application of Stripes and Markings:

Preformed thermoplastic is only allowed with the approval of the Engineer.

Replace Section 84-9.04
Full compensation for work specified in Section 84 and applicable Engineering Standards is included in the payment for other bid items unless a bid item of work is shown on the Bid Item List.

DIVISION XIII APPENDICES
Add Section 100-1.01, APPENDICES
Refer to Appendix A - Form of Agreement
Refer to Appendix B - Requirements for Federally Assisted Construction Projects Funded with Community Development Block Grants
Refer to Appendix C- Ramp Reinforcement Limits Exhibit
Refer to Appendix D- Federal Wage Determination

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0 APPENDIX A - FORM OF AGREEMENT
THIS AGREEMENT, made on _____________, by and between the City of San Luis Obispo, a municipal corporation and charter city, San Luis Obispo County, California (hereinafter called the Owner) and COMPANY NAME (hereinafter called the Contractor).

WITNESSETH:

That the Owner and the Contractor for the consideration stated herein agree as follows:

ARTICLE 1, SCOPE OF WORK: The Contractor shall perform everything required to be performed, shall provide and furnish all of the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required to complete all the work of construction of
NAME OF PROJECT, SPEC NO.
in strict compliance with the plans and specifications therefor, including any and all Addenda, adopted by the Owner, in strict compliance with the Contract Documents hereinafter enumerated.

It is agreed that said labor, materials, tools, equipment, and services shall be furnished and said work performed and completed under the direction and supervision and subject to the approval of the Owner or its authorized representatives.

ARTICLE II, CONTRACT PRICE: The Owner shall pay the Contractor as full consideration for the faithful performance of this Contract, subject to any additions or deductions as provided in the Contract Documents, the contract prices as follows:

Item
No.

Item Unit of
Measure
Estimated
Quantity
Item Price
(in figures)
Total
(in figures)

1. 2.

3. BID TOTAL: $ .00
Payments are to be made to the Contractor in compliance with and subject to the provisions embodied in the documents made a part of this Contract.

Should any dispute arise respecting the true value of any work omitted, or of any extra work which the Contractor may be required to do, or respecting the size of any payment to the

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1 Contractor, during the performance of this Contract, said dispute shall be decided by the Owner and its decision shall be final, and conclusive.

ARTICLE III, COMPONENT PARTS OF THIS CONTRACT: The Contract consists of the following documents, all of which are as fully a part thereof as if herein set out in full, and if not attached, as if hereto attached:

1. Notice to Bidders and Information for Bidders

2. Standard Specifications and Engineering Standards

3. Special Provisions, any Addenda, Plans and Contract Change Orders

4. Caltrans Standard Specifications and Standard Plans 2015

5. Accepted Bid and Bid Bond

6. List of Subcontractors

7. Public Contract Code Sections 10285.1 Statement

8. Public Contract Code Section 10162 Questionnaire

9. Public Contract Code Section 10232 Statement

10.Labor Code Section 1725.5 Statements

11.Bidder Acknowledgements

12.Qualifications

13.Non-collusion Declaration

14.Agreement and Bonds

15.Insurance Requirements and Forms
ARTICLE IV INDEMNIFICATION: The Contractor shall indemnify, defend with legal counsel approved by City, and hold harmless City, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, cost (including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with the Contractor’s negligence, recklessness or willful misconduct in the performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole or active negligence or willful misconduct of the City. Should conflict of interest principles preclude a single legal counsel from representing both the City and the Contractor, or should the City otherwise find the Contractor’s legal counsel unacceptable, then the Contractor shall reimburse the City its costs of defense, including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation. The Contractor shall promptly pay any final judgment rendered against the City (and its officers, officials, employees and volunteers) with respect to claims determined by a trier of fact to have been the result of the Contractor’s negligent, reckless or wrongful performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.

The Contractor obligations under this section apply regardless of whether such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee.

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2 However, without affecting the rights of the City under any provision of this agreement, the Contractor shall not be required to indemnify and hold harmless the City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where the City is shown to have been actively negligent and where the City’s active negligence accounts for only a percentage of the liability involved, the obligation of the Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of the City.

ARTICLE V. It is further expressly agreed by and between the parties hereto that should there be any conflict between the terms of this instrument and the bid of said Contractor, then this instrument shall control and nothing herein shall be considered as an acceptance of the said terms of said bid conflicting herewith.

Article VI. Contractor is subject to compliance with all Required Federal Clauses per Exhibit A.

IN WITNESS WHEREOF, the parties to these presents have hereunto set their hands this year and date first above written.

CITY OF SAN LUIS OBISPO
A Municipal Corporation
__________________________________
Derek Johnson, City Manager
APPROVED AS TO FORM CONTRACTOR:

Name of Company
________________________________ By:________________________________ J. Christine Dietrick
City Attorney
Name of CAO/President
Its: CAO/PRESIDENT
(2nd signature required if Corporation):

By:________________________________
Name of Corporate Officer
Its: ____________________

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3 EXHIBIT A FORM OF AGREEMENT – REQUIREMENTS FOR FEDERALLY ASSISTED

CONSTRUCTION PROJECTS FUNDED WITH COMMUNITY DEVELOPMENT BLOCK GRANTS

TABLE OF CONTENTS
A. FEDERAL CONTRACT REQUIREMENTS AND PROVISIONS (HUD-CDBG)

1. General

2. Federal Laws and Regulations

3. Prompt Progress Payment to Subcontractors

4. Prompt Payment of Funds Withheld from Subcontractors

5. Restrictions on Lobbying (Certificate required over $100,000)

6. Debarment and Suspension (Certificate required over $25,000)

7. Disadvantaged Business Enterprises (DBE)

7.1 General Requirements

7.2 DBE Commitment Submittal

7.3 Good Faith Effort Submittal

7.4 Execution of Contract and Submission of DBE Information.

7.5 Subcontractor and DBE Records

7.6 DBE Certification Status

7.7 Performance of Subcontractors

8. Conflict of Interest

9. Interest of Members of, or Delegates to, Congress

10. Required Federal Contract Provisions

10.1 General

10.2 Breach of Contract

10.3 Termination
a) Termination of Convenience
b) Termination for Default

10.4 Non-discrimination/Equal Employment Opportunity- (Contracts/Subcontracts over $10,000)

10.4.1 Equal Opportunity Clause

10.4.2 Notice of Requirement for Affirmative Action to Ensure Equal Opportunity

10.4.3 Standard Federal Equal Employment Opportunity Construction Contract Specifications

10.4.4 Segregated Facilities

10.5 Federal Labor Standards Provisions (Construction Contracts Over $2,000) (Copeland, Davis Bacon, Contract Work Hours and Safety Standards)

10.5.1 Classifications and wages

10.5.2 Contract Work Hours and Safety Standards Act

10.5.3 Record Retention

10.6 Compliance with Section 3 of the Housing and Urban Development Act of 1968

10.7 Access to Records

10.8 Record Retention

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4 10.9 Conservation

10.10 Environmental Protection
B. FEDERAL WAGE DETERMINATIONS
Federal Wage Determinations for Construction Contracts Subject to Davis Bacon

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5 A. FEDERAL CONTRACT REQUIREMENTS AND PROVISIONS (HUD)

1. General. The Contractor understands that this project is financed partially or in whole by U.S.

Department of Housing and Urban Development (HUD) Community Development Block Grant (CDBG) Program funds and is subject to all of the applicable terms and conditions of the grant and regulations and requirements of the Department. The aforementioned program requires that this contract and subsequent subcontracts contain the provisions and clauses set forth in this section. These provisions shall apply to all work performed under this contract.

The Contractor is required to physically insert these same provisions into each subcontract and subsequent lower-tier subcontract. They may not be incorporated by reference. Failure to comply with this requirement represents grounds for contract termination and debarment.

2. Federal Laws and Regulations. The Contractor understands that all Federal laws, regulations, policies and administrative practices applicable to this project may be modified from time to time, The Contractor agrees that the most recent of such Federal requirements will govern the administration of this contract, The Contractor agrees to include in all subcontracts associated with this project specific notice that Federal requirements may change and the changed requirements will apply to the project.

3. Prompt Progress Payment to Subcontractors. A prime contractor or subcontractor shall pay any subcontractor not later than 10 days of receipt of each progress payment in accordance with the provision in Section 7108.5 of the California Business and Professions Code concerning prompt payment to subcontractors. The 10 days is applicable unless a longer period is agreed to in writing. Any delay or postponement of payment over 30 days may take place only for good cause and with the agency’s prior written approval. Any violation of Section 7108.5 shall subject the violating contractor or subcontractor to the penalties, sanction and other remedies of that section. This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to the contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the prime contractor, deficient subcontract performance, or noncompliance by a subcontractor. This provision applies to both DBE and non-DBE subcontractors.

4. Prompt Payment of Funds Withheld to Subcontractors. Retention will not be withheld by the City from progress payments due the prime contractor. Withholding of retention by the prime contractor or subcontractors is prohibited and no retention will be held by the prime contractor from progress due subcontractors. Any violation of this provision shall subject the violating prime contractor or subcontractor to the penalties, sanctions and other remedies specified in Section 7108.5 of the California Business and Professions Code. This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to the prime Contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the prime contractor or deficient subcontract performance, or noncompliance by a subcontractor. This provision applies to both DBE and non-DBE prime contractors and subcontractors.

5. Federal Restrictions on Lobbying. Reference: DOT's 49 CFR 20 or HUD's 24 CFR 87. (Applicable to federally funded contracts and all related subcontracts which exceed $100,000)

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6 Section 1352, Title 31, United States Code prohibits Federal funds from being expended by the recipient or any lower tier subrecipient of a Federally assisted contract to pay for any person for influencing or attempting to influence a Federal agency or Congress in connection with the awarding of any Federally assisted contract, the making of any Federal grant or loan, or the entering into of any cooperative agreement.

If any funds other than Federal funds have been paid, or will be paid, to any person for influencing or attempting to influence a Federal agency or Congress in connection with the awarding of any Federally assisted contract, the making of any Federal grant or loan, or the entering into of any cooperative agreement, the potential contractor shall complete and submit an executed certification ("Certification of Restrictions on Lobbying") and, if required, submit a completed disclosure form ("Disclosure of Lobbying Activities", standard form - LLL) as part of the bid documents. Certificate and disclosure form with instructions are included in this Proposal.

The above-referenced certification and disclosure of lobbying activities shall be included in each subcontract and any lower-tier contracts exceeding $100,000. All disclosure forms, but not certifications, shall be forwarded from tier to tier until received by the Engineer.

The Contractor, subcontractors and any lower-tier contractors shall file a disclosure form at the end of each calendar quarter in which there occurs any event that requires disclosure or that materially affects the accuracy of the information contained in any disclosure form previously filed by the Contractor, subcontractors and any lower-tier contractors. An event that materially affects the accuracy of the information reported includes:
(1) A cumulative increase of $25,000 or more in the amount paid or expected to be paid for influencing or attempting to influence a covered Federal action; or (2) A change in the person(s) or individual(s) influencing or attempting to influence a covered Federal action; or,
(3) A change in the officer(s), employee(s), or Member(s) contacted to influence or attempt to influence a covered federal action.

6. Debarment and Suspension. Reference: DOT's 49 CFR 29 ; HUD's 24 CFR 24. Unless otherwise permitted by law, any person that is debarred, suspended, or voluntarily excluded by any Federal department or agency may not take part in any federally assisted project during the period of debarment, suspension, or voluntary exclusion. Accordingly, any grantee or recipient of federal funds may not enter into any transaction with such debarred, suspended, or voluntarily excluded persons during such period.

6.1. Contacts/Subcontracts over $25,000. Each potential contractor is required to sign and submit the certification form found in this proposal. The Contractor agrees to obtain similar certifications on debarment and suspension for its subcontracts which exceed $25,000.

6.2. Contracts/Subcontracts under $25,000. In general, lower level employees or subcontracts and/or procurements of less than $25,000 will not be covered by the certification procedures except in the case of procurements with individuals that would have a critical influence on, or substantive control over the project; nevertheless, a

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7 participant is not authorized to involve a lower level employee or enter into a contract of less than $25,000 with a person actually known by the participant to be debarred, suspended or voluntarily excluded.

6.3. Continuing duty to Disclose. Each contractor and subcontractor shall provide immediate written notice if, at any time, it learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

7. Disadvantaged Business Enterprise (DBE). This project is a federally assisted project funded through the Department of Housing and Urban Development (HUD). HUD requires that minority firms, women’s business enterprises and labor surplus areas firms are used when possible on all contracts funded partially or in whole by HUD funds. To facilitate this requirement, the City encourages the utilization of Disadvantaged Business Enterprises (DBEs) and firms as defined in 49 CFR 26 in the performance of all federally-assisted contracts financed in whole or in part with federal funds. The Contractor, or subcontractor, shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of subcontracts. The Regulations in their entirety are incorporated herein by this reference.

7.1. General Requirements. Bidders shall be fully informed in respect to the requirements of the DBE Regulations. The DBE Regulations in their entirety are incorporated herein by this reference. Attention is directed to the following matters:

Take necessary and reasonable steps to ensure that DBEs have opportunity to participate in the contract (49 CFR 26).

To ensure there is equal participation of the DBE groups specified in 49 CFR 26.5, the City specifies a goal for DBEs. A DBE firm is a member of one of the following groups:

1. Black Americans

2. Native Americans

3. Asian-Pacific Americans

4. Women

5. Hispacin Americans

6. Subcontinent Asian Americans

7. Any individual or groups who are socially and economically disadvantage Make work available to DBEs and select work parts consistent with available DBE subcontractors and suppliers.

Meet the DBE goal shown in the Notice to Bidders or demonstrate that you made adequate “good faith efforts” to meet this goal.

It is your responsibility to verify that the DBE firm is certified as DBE at date of bid opening.

For a list of DBEs certified by the California Unified Certification Program, go to:
http://www.dot.ca.gov/hq/bep/find_certified.htm
Only DBE participation will count towards the DBE goal. DBE participation will count

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8 towards the Agency's Annual Anticipated DBE Participation Level and the California statewide goal.

Credit for materials or supplies you purchase from DBEs counts towards the goal in the following manner:

1. 100 percent counts if the materials or supplies are obtained from a DBE manufacturer.

2. 60 percent counts if the materials or supplies are obtained from a DBE regular dealer.

3. Only fees, commissions, and charges for assistance in the procurement and delivery of materials or supplies count if obtained from a DBE that is neither a manufacturer nor regular dealer. 49 CFR 26.55 defines "manufacturer" and "regular dealer." You receive credit towards the goal if you employ a DBE trucking company that performs a commercially useful function as defined in 49 CFR 26.55.

DBE Commitment Submittal. Submit DBE information on the “CONSTRUCTION CONTRACT DBE COMMITMENT,” form found in the Bid Forms section of the Contract Documents. Submit written confirmation from each DBE stating that it is participating in the contract. Include confirmation with the DBE Commitment form. A copy of a DBE's quote will serve as written confirmation that the DBE is participating in the contract.

7.2. Good Faith Efforts Submittal. If you have not met the DBE goal, complete and submit the “DBE INFORMATION - GOOD FAITH EFFORTS,” form found in the Bid Forms with the bid showing that you made adequate good faith efforts to meet the goal.

Only good faith efforts directed towards obtaining participation by DBEs will be considered.

If your DBE Commitment form shows that you have met the DBE goal or if you are required to submit the DBE Commitment form, you must also submit good faith efforts documentation within the specified time to protect your eligibility for award of the contract in the event the City finds that the DBE goal has not been met.

Good faith efforts documentation must include the following information and supporting documents, as necessary:

1. Items of work you have made available to DBE firms. Identify those items of work you might otherwise perform with its own forces and those items that have been broken down into economically feasible units to facilitate DBE participation. For each item listed, show the dollar value and percentage of the total contract. It is your responsibility to demonstrate that sufficient work to meet the goal was made available to DBE firms.

2. Names of certified DBEs and dates on which they were solicited to bid on the project.

Include the items of work offered. Describe the methods used for following up initial solicitations to determine with certainty if the DBEs were interested, and the dates of the follow-up. Attach supporting documents such as copies of letters, memos, facsimiles sent, telephone logs, telephone billing statements, and other evidence of solicitation. You are reminded to solicit certified DBEs through all reasonable and available means and provide sufficient time to allow DBEs to respond.

3. Name of selected firm and its status as a DBE for each item of work made available.

Include name, address, and telephone number of each DBE that provided a quote and

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9 their price quote. If the firm selected for the item is not a DBE, provide the reasons for the selection.

4. Name and date of each publication in which you requested DBE participation for the project. Attach copies of the published advertisements.

5. Names of agencies and dates on which they were contacted to provide assistance in contacting, recruiting, and using DBE firms. If the agencies were contacted in writing, provide copies of supporting documents.

6. List of efforts made to provide interested DBEs with adequate information about the plans, specifications, and requirements of the contract to assist them in responding to a solicitation. If you have provided information, identify the name of the DBE assisted, the nature of the information provided, and date of contact. Provide copies of supporting documents, as appropriate.

7. List of efforts made to assist interested DBEs in obtaining bonding, lines of credit, insurance, necessary equipment, supplies, and materials, excluding supplies and equipment that the DBE subcontractor purchases or leases from the prime contractor or its affiliate. If such assistance is provided by you, identify the name of the DBE assisted, nature of the assistance offered, and date. Provide copies of supporting documents, as appropriate.

8. Any additional data to support demonstration of good faith efforts.

7.3. Execution of Contract and Submission of Bidder DBE Information. A "BIDDER - DBE INFORMATION" form is included in the contract documents to be executed by the successful bidder. The purpose of the form is to collect data required under 49 CFR 26. Even if no DBE participation will be reported, the successful bidder must execute and return the form.

The successful bidder's "BIDDER - DBE INFORMATION" form should include the names, addresses and phone numbers of DBE firms that will participate, with a complete description of work or supplies to be provided by each, and the dollar value of each DBE transaction.

When 100 percent of a contract item of work is not to be performed or furnished by a DBE, a description of the exact portion of that work to be performed or furnished by that DBE should be included in the DBE information, including the planned location of that work. A successful bidder certified as a DBE should describe the work it has committed to performing with its own forces as well as any other work that it has committed to be performed by DBE subcontractors, suppliers and trucking companies.

The successful bidder is encouraged to provide written confirmation from each DBE that the DBE is participating in the contract. A copy of a DBE's quote will serve as written confirmation that the DBE is participating in the contract. If a DBE is participating as a joint venture partner, the successful bidder is encouraged to submit a copy of the joint venture agreement.

The "BIDDER - DBE INFORMATION" form shall be completed and returned to the City by the successful bidder with the executed contract and contract bonds.

7.4. Subcontractor and DBE Records. The Contractor shall maintain records showing the name and business address of each first-tier subcontractor. The records shall

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10 also show the name and business address of every DBE subcontractor, DBE vendor of materials and DBE trucking company, regardless of tier. The records shall show the date of payment and the total dollar figure paid to all of these firms. DBE prime contractors shall also show the date of work performed by their own forces along with the corresponding dollar value of the work.

Upon completion of the contract, a summary of these records shall be prepared on "Final Report-Utilization of Disadvantaged Business Enterprises (DBE), First Tier Subcontractors" Form CEM-2402(F) and certified correct by the Contractor or the Contractor's authorized representative, and shall be furnished to the Engineer. The form shall be furnished to the Engineer within 90 days from the date of contract acceptance. The amount of $10,000 will be withheld from payment until a satisfactory form is submitted.

Prior to the fifteenth of each month, the Contractor shall submit documentation to the Engineer showing the amount paid to DBE trucking companies. The Contractor shall also obtain and submit documentation to the Engineer showing the amount paid by DBE trucking companies to all firms, including owner-operators, for the leasing of trucks. If the DBE leases trucks from a non-DBE, the Contactor may count only the fee or commission the DBE receives as a result of the lease arrangement.

The Contractor shall also obtain and submit documentation to the Engineer showing the truck number, owner's name, California Highway Patrol CA number, and if applicable, the DBE certification number of the owner of the truck for all trucks used during that month. This documentation shall be submitted on "Monthly DBE Trucking Verification" Form CEM2404(F).

7.5. DBE Certification Status. If a DBE subcontractor is decertified during the life of the project, the decertified subcontractor shall notify the Contractor in writing with the date of decertification. If a subcontractor becomes a certified DBE during the life of the project, the subcontractor shall notify the Contractor in writing with the date of certification. The Contractor shall furnish the written documentation to the Engineer.

Upon completion of the contract, "Disadvantaged Business Enterprises (DBE) Certification Status Change" Form CEM-2403(F) indicating the DBEs' existing certification status shall be signed and certified correct by the Contractor. The certified form shall be furnished to the Engineer within 90 days from the date of contract acceptance.

7.6. Performance of Subcontractors. The subcontractors listed by the contractor in the bid proposal shall include therein the name and address of each subcontractor to whom the bidder proposes to subcontract portions of the work in an amount in excess of one-half of one percent of the total bid in accordance with the Subletting and Subcontracting Fair Practices Act, commencing with Section 4100 of the Public Contract Code. The bidder’s attention is invited to other provisions of the Act related to the imposition of penalties for a failure to observe its provisions by using unauthorized subcontractors or by making unauthorized substitutions.

DBEs must perform work or supply materials as listed in the “BIDDER - DBE COMMITMENT” form specified in Section 7.2 above. Do not terminate a DBE listed subcontractor for convenience and perform the work with your own forces or obtain materials

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11 from other sources without prior written authorization from the City.

The City grants authorization to use other forces or sources of materials for requests that show any of the following justifications:

1. Listed DBE fails or refuses to execute a written contract based on plans and specifications for the project.

2. You stipulate a bond is a condition of executing the subcontract and the listed DBE fails to meet your bond requirements.

3. Work requires a contractor’s license and listed DBE does not have a valid license under Contractors License Law.

4. Listed DBE fails or refuses to perform the work or furnish the listed materials.

5. Listed DBE's work is unsatisfactory and not in compliance with the contract.

6. Listed DBE delays or disrupts the progress of the work.

7. Listed DBE becomes bankrupt or insolvent.

If a listed DBE subcontractor is terminated, you must make good faith efforts to find another DBE subcontractor to substitute for the original DBE. The substitute DBE must perform at least the same amount of work as the original DBE under the contract to the extent needed to meet the DBE goal.

The substitute DBE must be certified as a DBE at the time of request for substitution.

The City does not pay for work or material unless it is performed or supplied by the listed DBE, unless the DBE is terminated in accordance with this section.

8. Conflict of Interest. No employee, officer, or agent of the City shall participate in selection or in the award or administration of a contract if a conflict of interest, real or apparent, would be involved. Such a conflict would arise when the employee, officer or agent, any member of his immediate family, an organization which employs, or is about to employ, has a financial or other interest in the firm selected for award.

The City's officers, employees, or agents shall neither solicit nor accept gratuities, favors or anything of monetary value from contractors, potential contractors, or parties of sub agreements.

9. Interest of Members of, or Delegates to, Congress. In accordance with U.S.C. Section 431, no member of, or delegates to, the Congress of the United States shall be admitted to a share or part of this contract or to any benefit rising there from.

10. Required Federal Contract Provisions.

10.1. General. These Federal contract provisions shall apply to all work performed on the contract by the contractor's own organization and with the assistance of workers under the contractor's immediate superintendence and to all work performed on the contract by piecework, station work, or by subcontract.

Except as otherwise provided for in each section, the contractor shall insert in each subcontract all of the stipulations contained in these Required Federal Contract Provisions, and further require their inclusion in any lower tier subcontract or purchase order that may in turn be made.

The Required Federal contract Provisions shall not be incorporated by reference in any case.

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12 The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with these Required Federal Contract Provisions.

10.2. Breach of Contract. A breach of any of the stipulations contained in these required Federal Contract Provisions shall be sufficient grounds for termination of the contract.

A breach of the following clauses of these required contract provision may also be grounds for debarment as provided in 29 CFR 5.12:

Section 8.1, 2nd paragraph
Section 8.5
Disputes arising out of the Labor Standards Provisions , Section 8.5, of these Required Federal Contract Provisions shall not be subject the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the U.S. Department of Labor (DOL) as set forth in 29 CFR 5,6 and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the DOL, or the contractor's employees or their representatives.

10.3. Termination.

10.3.1. Termination of Convenience: The City of San Luis Obispo may terminate this contract, in whole or in part, at any time by written notice to the Contractor. The Contractor shall be paid its costs, including contract close-out costs, and profit on work performed up to the time of termination. The Contractor shall promptly submit its termination claim to be paid by Contractor. If the Contractor has any property in its possession belonging to the City of San Luis Obispo, the Contractor will account for the same, and dispose of it in the manner the City of San Luis Obispo directs.

10.3.2. Termination for Default: If the Contractor does not deliver supplies in accordance with the contract delivery schedule, or, if the contract is for services, the Contractor fails to perform in the manner called for in the contract or if the Contractor fails to comply with any other provisions of the contract, the City of San Luis Obispo may terminate this contract for default. Termination shall be effected by service a notice of termination on the Contractor setting forth the manner in which the Contractor is in default. The Contractor will only be paid the contract price for supplies delivered and accepted, or services performed in accordance with the manner of performance set forth in the contract.

If it is later determined by the City of San Luis Obispo that the Contractor had an excusable reason for not performing, such as a strike, fire, or flood, events which are not the fault of, or are beyond the control of the Contractor, the City of San Luis Obispo, after setting up a new delivery or performance schedule, may allow the Contractor to continue work, or treat the termination as a termination for convenience.

10.4. Non-Discrimination/Equal Employment Opportunity.

10.4.1. Equal Opportunity Clause. Applies to construction contracts and related subcontracts over $10,000.
"During the performance of this contract, the contractor agrees as follows:

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13 (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, sex, or 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 setting forth the provisions of this nondiscrimination clause.
(2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin. (3) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, 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, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
(6) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said 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 or federally assisted construction 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 portion of the sentence immediately preceding paragraph (1) and 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 administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the contractor may request the United States to enter into such litigation to protect the interests of the United States.

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14 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 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.

The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 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 it if 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 assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings." Subcontracts. Each nonexempt prime contractor or subcontractor shall include the equal opportunity clause in each of its nonexempt subcontracts.

10.4.2. Notice of Requirement for Affirmative Action to Ensure Equal Opportunity (Executive Order 11246). Reference 41 CFR 60-4.2. The following notice applies to all construction contracts or subcontracts in excess of $10,000 and shall be made part of all solicitations for offers and bids on all federally assisted construction contracts. "NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL OPPORTUNITY (EXECUTIVE ORDER 11246)

1. The Bidder's attention is called to the "Equal Opportunity Clause" and the "Standard Federal Equal Employment Specifications" set forth herein.

2. The goals and timetables for minority and female participation, expressed in percentage terms for the Contractor's aggregate work force in each trade on all construction work in the covered

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15 area, are as follows:

Goals for minority
participation
for each trade
Goals for female
participation
in each trade

24.6 6.9
These goals are applicable to all the Contractor's construction work (whether or not it is Federal or federally assisted) performed in the covered area. If the contractor performs construction work in a geographical area located outside of the covered area, it shall apply the goals established for such geographical area where the work is actually performed. With regard to this second area, the contractor also is subject to the goals for both its federally involved and nonfederally involved construction.

The Contractor's compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by the specifications set forth in 41 CFR 60-5.4(a), and its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade, and the contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, the Executive Order and the regulations in 41 CFR Part 60-4. Compliance with the goals will be measured against the total work hours performed.

3. The Contractor shall provide written notification to the Director of the Office of Federal Contract Compliance Programs within 10 working days of award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address and telephone number of the subcontractor; employee identification number of the subcontractor; estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the subcontract is to be performed.

4. As used in this Notice, and in the contract resulting from this solicitation, the "covered area" is San Luis Obispo County, State of California.
[43 FR 49254, Oct. 20, 1978; 43 FR 51401, Nov. 3, 1978, as amended at 45 FR 65977, Oct. 3, 1980] "

10.4.3. Standard Federal Equal Employment Opportunity Construction Contract Specifications. Reference 41 CFR 60-4.3. The following specification applies to all construction contracts or subcontracts in excess of $10,000 and shall be made part of all

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16 federally assisted construction contracts:
"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 Compliance Programs, United States Department of Labor, or any person to whom the Director delegates authority.
(c) "Employer identification number" means 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); and
(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) 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.
3) 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 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 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 or Subcontractor's failure to take good faith efforts to achieve the Plan goals and timetables.

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17 4) The Contractor shall implement the specific affirmative action standards provided in paragraphs 7(a) through (p) 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 utilization the Contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. Covered Construction contractors performing 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 the geographical area where the work is being 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.
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 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 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 following:
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, where possible, will assign two or more women to each construction project. 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 to each such

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18 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.
d) Provide immediate written notification to the Director when the union or unions with which the Contractor has a collective 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.
e) 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 the 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.; 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 at each location where construction work is performed. g) 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 specific review of these items with on site 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 time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter. h) 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) Direct its recruitment effort, 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 area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any 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. 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 work force. k) Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60-3.
l) Conduct, at least annually, an inventory and evaluation at least of all minority and female

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19 personnel for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc. such opportunities. m) 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 Contractor's obligations under these specifications are being carried out.
n) 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.
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 which assist in fulfilling one or more of their affirmative action obligations (7a through p). 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 any one or more of its obligations under 7a through p of these Specifications 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 behalf 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. 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 non-minority. 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 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. 11) 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

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20 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 CFR 60-4.8.
14) 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 Government and to keep records. Records shall at least 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)." 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 FR 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.

10.4.4. Nonsegregated Facilities. (Construction contracts/subcontracts of $10,000 or more) In order to comply with the obligations under the equal opportunity clause, a prime contractor or sub-contractor must insure that facilities provide for employees are provided in such manner that segregation on the basis of race, color, religion or national origin cannot result. This obligation extends to all contacts containing the equal opportunity clause regardless of the amount of the contract. The potential contractor shall certify as follows:
a. By submission of this bid, the execution of this contract or subcontract, or the consummation of this material supply agreement or purchase order, as appropriate, the bidder, construction contractor, subcontractor, material supplier, or vender, as appropriate, certifies that the firm does not maintain or provide for its employees any segregated facilities at any of its establishments, and that the firm does not permit its employees to perform their services at any location, under

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21 its control, where segregated facilities are maintained, The firm agrees that a breach of this certification is a violation of the EEO provisions of this contract, The firm further certifies that no employee will be denied access to adequate facilities on the basis of sex or disability. b. As used in this certification, the term “segregated facilities” means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, time clocks, locker rooms, and other storage of dressing areas, a parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated on the basis of race, color, religion, national origin, age or disability, because of habit, local custom, or otherwise. The only exception will be for the disabled when the demands for accessibility override (e.g. disabled parking).
c. The Contractor agrees that it has obtained or will obtain identical certification form proposed subcontractors or material suppliers prior to award of subcontracts or consummation of material supply agreements of $10,000 or more and that it will retain such certifications in its files.

10.5. Federal Labor Standards Provisions. (Construction Contracts over $2,000) All federally assisted construction contracts in excess of $2,000 shall be subject to the Copeland Anti-Kickback Act, the Davis-Bacon Act and the Contract Work Hours and Safety Standards Act and all implementation regulations issued pursuant to said Acts.

10.5.1. Classifications and wages. The following clauses shall apply to this contract and shall be incorporated into any subcontract in excess of $2,000. (1) Minimum wages.
(i) All laborers and mechanics employed or working upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), 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 found in section titled, "Federal Wage Determination," 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 1(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 paragraph (a)(1)(iv) of this section; 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

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22 mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination of the classification of work actually performed, without regard to skill, except as provided in '5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph (a)(1)(ii) of this section) 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) The contracting officer shall require that any class of laborers or mechanics, including helpers, 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. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met:
(1) Except with respect to helpers as defined in 29 CFR 5.2(n)94), 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 benefits, bears a reasonable relationship to the wage rates contained in the wage determination; and
(4) With respect to helpers as defined in 29 CFR 5.2(n)(4), such a classification prevails in the area in which the work is performed. (B) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer 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 the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary.
(C) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the

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23 proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary.
(D) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs (a)(1)(ii) (B) or (C) of this section, 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.
(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 another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program. Provided, that the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (v)(A) The contracting officer shall require that 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.

The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met:

10.5.1.1.1.1. The work to be performed by the classification requested is not performed by a classification in the wage determination; and

10.5.1.1.1.2. The classification is utilized in the area by the construction industry; and

10.5.1.1.1.3. The proposed wage rate, including any bond 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 the contracting officer 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 the contracting officer to the Administrator of the Wage and Hour Division, Employment

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24 Standards Administration, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary.
(C) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination with 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary.
(D) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs (a)(1)(v) (B) or (C) of this section, 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.
(2) Withholding. The City of San Luis Obispo shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from 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 and 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 (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), all or part of the wages required by the contract, the City of San Luis Obispo 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.
(3) Payrolls and basic records.
(i) Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the project). Such records shall contain the name,

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25 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 1(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 1(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.
(ii)(A) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the City of San Luis Obispo 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 the City of San Luis Obispo. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29CFR 5.5(a)(3)(i). This information may be submitted 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.

Government Printing Office, Washington, DC 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. (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 Section 5.5(a)(3)(i) of Regulations, 29 CFR part 5 and that such information is correct and complete.
(2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations 29 CFR part 3;
(3) That each laborer or mechanic has been paid not less than the applicable

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26 wage rates and fringe benefits or cash equivalents for the classification 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 paragraph (a)(3)(ii)(B) of this section. (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 paragraph (a)(3)(i) of this section available for inspection, copying, or transcription by authorized representatives of the City of San Luis Obispo or the Department of Labor, and shall 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, the Federal agency 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.
(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, Bureau of Apprenticeship and Training. or with a State Apprenticeship Agency recognized by the Bureau, 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 Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification 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 apprentice 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 actually 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 locality other than that in which its program is registered, the ratios and wage rages (expressed in

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27 percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor'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 journeymen hourly 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 classification, fringes shall be paid in accordance with that determination.

In the event the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable pre-determined rate for the work performed until an acceptable program is approved.
(ii) Trainees. Except as provided in CFR 5.16, trainees will not be permitted to work at less than the pre-determined 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 than 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 hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved.
(iii) Equal employment opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment

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28 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.
(6) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1) through (1) and such other clauses as the City of San Luis Obispo may by appropriate instructions require, 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 29 CFR 5.5. (7) Contract Termination: Debarment. A breach of the contract clauses in 29 CFR

5.5 may be grounds for termination of the contract, 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 the contracting agency, the U.S. Department of Labor, or the employees or their representatives.
(10) Certification of eligibility.
(i) 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).
(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).
(iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001.
(11) Complaints, Proceedings, or Testimony by Employees. No laborer or mechanic

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29 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.

10.5.2. Contract Work Hours and Safety Standards Act. The following clauses shall apply to this contract and shall be incorporated into any subcontract in excess of $2,000. The following clauses set forth in paragraphs (b)(1) (2), (3), and (4) of this section shall be inserted in full in any contract subject to the overtime provisions of the Contract Work Hours and Safety Standards Act. These clauses shall be inserted in addition to the clauses required by 29 CFR 5.5(a) or '4.6 of part 4. As used in this paragraph, the terms laborers and mechanics include watchmen and guards. (1) Overtime requirements. No contractor or subcontractor 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 he or she is employed on such work to work in excess of forty 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 forty hours in such workweek.
(2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (b)(1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (b)(1) of this section, 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 or forty hours without payment of the overtime wages required by the clause set forth in paragraph (b)(1) of this section.
(3) Withholding for unpaid wages and liquidated damages. The City of San Luis Obispo shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, 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 contractor or

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30 subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (b)(2) of this section.
(4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (b)(1) through 4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts.

The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth i paragraphs (b)(1) through (4) of this section.
(5) 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 health and safety as determined under construction safety and health standards promulgated by the Secretary 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 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.

10.5.3. Record Retention. The contractor or subcontractor shall maintain payrolls and basic payroll records during the course of the work and shall preserve them for a period of three years from the completion of the contract for all laborers and mechanics, including guards and watchmen, working on the contract. Such records shall contain the name and address of each such employee, social security number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made and actual wages paid. Further the Agency Head shall cause or require the contracting officer to insert in any such contract a clause providing that the records to be maintained under this paragraph shall be made available by the contractor or subcontractor for inspection, copying, or transcription by authorized representatives of the City of San Luis Obispo and the Department of Labor, and the contractor or subcontractor will permit such representatives to interview employees during working hours on the job.

10.6. Compliance with Sec 3 of the Housing and Urban development Act of 1968.

Reference HUD's 24 CFR 135.38 Applies to all HUD assisted contracts and related subcontracts.

Contractors and subcontractors participating in federally-assisted projects are required to track and report their activity relative to the hiring and training of low and moderate income persons and the use of local businesses owned by low-income persons. This information must be reported by all contractors and subcontractors,

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31 whose contract is $100,000 or greater, prior to project completion utilizing the “Section 3 Compliance form”.

All Section 3 covered contracts shall include the following clause (referred to as the Section 3 clause):

A. The work to be performed under this contract 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) – (see Title 24 - Code of Federal Regulations – Part 135, 24 CFR 135). The purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing.

B. The parties to this contract agree to comply with HUD’s regulations in 24 CFR part 135, which implement section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations.

C. The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers’ representative of the contractor’s commitments under this section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin.

D. The contractor agrees to include this section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135.

E. The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not filled to circumvent the contractor’s obligations under 24 CFR part 135.

F. Noncompliance with HUD’s regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts.

G. With respect to work performed in connection with Section 3 covered Indian housing assistance, section 7(b) of the Indian Self‐Determination and Education Assistance Act

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32 (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian‐owned Economic Enterprises. Parties to this contract that are subject to the provisions of section 3 and section 7(b) agree to comply with Section 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b).

10.7. Access to Records. The contractor and subcontractors shall allow access by authorized City and Federal Agency personnel, the comptroller of the United States or any of their duly authorized representatives to any books, documents, papers and records which are directly pertinent to this specific contract for the purpose of making audit, examination, excerpts, and transcripts. The right of access in this section must not be limited to the required retention but shall last as long as the records are retained.

10.8. Record Retention. The Contractor and subcontractors shall be required to retain all records for a period of five (5) years following final payment and closeout of the project.

10.9. Conservation. Contractor shall recognize mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 USC Section 6321 et seq).

10.10. Environmental Protection. (Applies to all contracts and subcontracts in excess of $100,000) By submission of this bid or the execution of this contract, the contractor agrees as follows:

A. That any facility that is or will be utilized in the performance of this contract, unless such contract is exempt under the Clean Air Act, as amended (41 USC 1857 et seq., as amended by Pub.L. 91-604, and under the Federal Water Pollution Control Act, as amended (33 USC 1251 et seq., as amended by Pub.L. 92-500), Executive Order 11738, and regulations in implementation thereof (40 CFR 15) is not listed,, on the date of contract award, on the U.S. Environmental Protection Agency (EPA) List of Violating Facilities pursuant to 40 CFR 15.20.

B. That the firm agrees to comply and remain in compliance with all the requirements of Section 114 of the Clean Air Act and Section 308 of the Federal Water Pollution Control Act and all regulations and guidelines listed thereunder.

C. That the firm shall promptly notify the City of the receipt of any communication form the EPA indicating that a facility that is or will be utilized for the contract is under consideration to be listed on the EPA List of Violating Facilities.

D. That the firm agrees to include or cause to be included the requirements of paragraphs 1 through 4 of this section in every nonexempt subcontract, and further agrees to take such action as the government may direct as a means of enforcing such requirements.

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33 B. FEDERAL WAGE DETERMINATIONS
This is a federally assisted project and compliance with Davis-Bacon Act as supplemented by the Department of Labor regulations will be enforced. If the State and Federal wage rates are applicable the higher of the two will be used.

The Federal Labor Standards Provisions and the Federal Wage Determination are a part of the contract and compliance will be enforced.

Any Subcontracts resulting from this original contract must contain the above language and shall incorporate a copy of the Federal Labor Standards provisions and the Federal Wage Determinations. Incorporation by reference is not acceptable.

This Section contains the Federal Wage Determinations which were current at the time the contract documents were published and shall be used for the life of this project. However, the wage determinations are subject to modifications in order to keep them current. If such modifications occur 10 days prior to bid opening then the new determination will prevail for the life of the contract. The Contractor shall be responsible to contact the City to determine if a new wage determination has been issued and to apply the new determination to his bid.

Current federal wage rates for California counties can be found at the following website:
http://www.wdol.gov/wdol/scafiles/davisbacon/ca.html
Current federal wage rates for San Luis Obispo County (Building, Heavy and Highway construction) can be found at the following website:
http://www.wdol.gov/wdol/scafiles/davisbacon/ca19.dvb

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34 APPENDIX B – REQUIREMENTS FOR FEDERALLY ASSISTED CONSTRUCTION

PROJECTS FUNDED WITH COMMUNITY DEVELOPMENT BLOCK GRANTS

TABLE OF CONTENTS
A. FEDERAL CONTRACT REQUIREMENTS AND PROVISIONS (HUD-CDBG)

11. General

12. Federal Laws and Regulations

13. Prompt Progress Payment to Subcontractors

14. Prompt Payment of Funds Withheld from Subcontractors

15. Restrictions on Lobbying (Certificate required over $100,000)

16. Debarment and Suspension (Certificate required over $25,000)

17. Disadvantaged Business Enterprises (DBE)

7.1 General Requirements

7.2 DBE Commitment Submittal

7.3 Good Faith Effort Submittal

7.4 Execution of Contract and Submission of DBE Information.

7.5 Subcontractor and DBE Records

7.6 DBE Certification Status

7.7 Performance of Subcontractors

18. Conflict of Interest

19. Interest of Members of, or Delegates to, Congress

20. Required Federal Contract Provisions

20.1 General

20.2 Breach of Contract

20.3 Termination
a) Termination of Convenience
b) Termination for Default

20.4 Non-discrimination/Equal Employment Opportunity- (Contracts/Subcontracts over $10,000)

10.10.1Equal Opportunity Clause

10.10.2Notice of Requirement for Affirmative Action to Ensure Equal Opportunity

10.10.3Standard Federal Equal Employment Opportunity Construction Contract Specifications

10.10.4Segregated Facilities

10.11 Federal Labor Standards Provisions (Construction Contracts Over $2,000) (Copeland, Davis Bacon, Contract Work Hours and Safety Standards)

10.5.1 Classifications and wages

10.5.2 Contract Work Hours and Safety Standards Act

10.5.3 Record Retention

10.12 Compliance with Section 3 of the Housing and Urban Development Act of 1968

10.13 Access to Records

10.14 Record Retention

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35 10.15 Conservation

10.16 Environmental Protection
B. FEDERAL WAGE DETERMINATIONS
Federal Wage Determinations for Construction Contracts Subject to Davis Bacon

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36 A. FEDERAL CONTRACT REQUIREMENTS AND PROVISIONS (HUD)

11. General. The Contractor understands that this project is financed partially or in whole by U.S.

Department of Housing and Urban Development (HUD) Community Development Block Grant (CDBG) Program funds and is subject to all of the applicable terms and conditions of the grant and regulations and requirements of the Department. The aforementioned program requires that this contract and subsequent subcontracts contain the provisions and clauses set forth in this section. These provisions shall apply to all work performed under this contract.

The Contractor is required to physically insert these same provisions into each subcontract and subsequent lower-tier subcontract. They may not be incorporated by reference. Failure to comply with this requirement represents grounds for contract termination and debarment.

12. Federal Laws and Regulations. The Contractor understands that all Federal laws, regulations, policies and administrative practices applicable to this project may be modified from time to time, The Contractor agrees that the most recent of such Federal requirements will govern the administration of this contract, The Contractor agrees to include in all subcontracts associated with this project specific notice that Federal requirements may change and the changed requirements will apply to the project.

13. Prompt Progress Payment to Subcontractors. A prime contractor or subcontractor shall pay any subcontractor not later than 10 days of receipt of each progress payment in accordance with the provision in Section 7108.5 of the California Business and Professions Code concerning prompt payment to subcontractors. The 10 days is applicable unless a longer period is agreed to in writing. Any delay or postponement of payment over 30 days may take place only for good cause and with the agency’s prior written approval. Any violation of Section 7108.5 shall subject the violating contractor or subcontractor to the penalties, sanction and other remedies of that section. This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to the contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the prime contractor, deficient subcontract performance, or noncompliance by a subcontractor. This provision applies to both DBE and non-DBE subcontractors.

14. Prompt Payment of Funds Withheld to Subcontractors. Retention will not be withheld by the City from progress payments due the prime contractor. Withholding of retention by the prime contractor or subcontractors is prohibited and no retention will be held by the prime contractor from progress due subcontractors. Any violation of this provision shall subject the violating prime contractor or subcontractor to the penalties, sanctions and other remedies specified in Section 7108.5 of the California Business and Professions Code. This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to the prime Contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the prime contractor or deficient subcontract performance, or noncompliance by a subcontractor. This provision applies to both DBE and non-DBE prime contractors and subcontractors.

15. Federal Restrictions on Lobbying. Reference: DOT's 49 CFR 20 or HUD's 24 CFR 87. (Applicable to federally funded contracts and all related subcontracts which exceed $100,000)

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37 Section 1352, Title 31, United States Code prohibits Federal funds from being expended by the recipient or any lower tier subrecipient of a Federally assisted contract to pay for any person for influencing or attempting to influence a Federal agency or Congress in connection with the awarding of any Federally assisted contract, the making of any Federal grant or loan, or the entering into of any cooperative agreement.

If any funds other than Federal funds have been paid, or will be paid, to any person for influencing or attempting to influence a Federal agency or Congress in connection with the awarding of any Federally assisted contract, the making of any Federal grant or loan, or the entering into of any cooperative agreement, the potential contractor shall complete and submit an executed certification ("Certification of Restrictions on Lobbying") and, if required, submit a completed disclosure form ("Disclosure of Lobbying Activities", standard form - LLL) as part of the bid documents. Certificate and disclosure form with instructions are included in this Proposal.

The above-referenced certification and disclosure of lobbying activities shall be included in each subcontract and any lower-tier contracts exceeding $100,000. All disclosure forms, but not certifications, shall be forwarded from tier to tier until received by the Engineer.

The Contractor, subcontractors and any lower-tier contractors shall file a disclosure form at the end of each calendar quarter in which there occurs any event that requires disclosure or that materially affects the accuracy of the information contained in any disclosure form previously filed by the Contractor, subcontractors and any lower-tier contractors. An event that materially affects the accuracy of the information reported includes:
(4) A cumulative increase of $25,000 or more in the amount paid or expected to be paid for influencing or attempting to influence a covered Federal action; or (5) A change in the person(s) or individual(s) influencing or attempting to influence a covered Federal action; or,
(6) A change in the officer(s), employee(s), or Member(s) contacted to influence or attempt to influence a covered federal action.

16. Debarment and Suspension. Reference: DOT's 49 CFR 29 ; HUD's 24 CFR 24. Unless otherwise permitted by law, any person that is debarred, suspended, or voluntarily excluded by any Federal department or agency may not take part in any federally assisted project during the period of debarment, suspension, or voluntary exclusion. Accordingly, any grantee or recipient of federal funds may not enter into any transaction with such debarred, suspended, or voluntarily excluded persons during such period.

16.1. Contacts/Subcontracts over $25,000. Each potential contractor is required to sign and submit the certification form found in this proposal. The Contractor agrees to obtain similar certifications on debarment and suspension for its subcontracts which exceed $25,000.

16.2. Contracts/Subcontracts under $25,000. In general, lower level employees or subcontracts and/or procurements of less than $25,000 will not be covered by the certification procedures except in the case of procurements with individuals that would have a critical influence on, or substantive control over the project; nevertheless, a

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38 participant is not authorized to involve a lower level employee or enter into a contract of less than $25,000 with a person actually known by the participant to be debarred, suspended or voluntarily excluded.

16.3. Continuing duty to Disclose. Each contractor and subcontractor shall provide immediate written notice if, at any time, it learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

17. Disadvantaged Business Enterprise (DBE). This project is a federally assisted project funded through the Department of Housing and Urban Development (HUD). HUD requires that minority firms, women’s business enterprises and labor surplus areas firms are used when possible on all contracts funded partially or in whole by HUD funds. To facilitate this requirement, the City encourages the utilization of Disadvantaged Business Enterprises (DBEs) and firms as defined in 49 CFR 26 in the performance of all federally-assisted contracts financed in whole or in part with federal funds. The Contractor, or subcontractor, shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of subcontracts. The Regulations in their entirety are incorporated herein by this reference.

17.1. General Requirements. Bidders shall be fully informed in respect to the requirements of the DBE Regulations. The DBE Regulations in their entirety are incorporated herein by this reference. Attention is directed to the following matters:

Take necessary and reasonable steps to ensure that DBEs have opportunity to participate in the contract (49 CFR 26).

To ensure there is equal participation of the DBE groups specified in 49 CFR 26.5, the City specifies a goal for DBEs. A DBE firm is a member of one of the following groups:

1. Black Americans

2. Native Americans

3. Asian-Pacific Americans

4. Women

5. Hispacin Americans

6. Subcontinent Asian Americans

7. Any individual or groups who are socially and economically disadvantage Make work available to DBEs and select work parts consistent with available DBE subcontractors and suppliers.

Meet the DBE goal shown in the Notice to Bidders or demonstrate that you made adequate “good faith efforts” to meet this goal.

It is your responsibility to verify that the DBE firm is certified as DBE at date of bid opening.

For a list of DBEs certified by the California Unified Certification Program, go to:
http://www.dot.ca.gov/hq/bep/find_certified.htm
Only DBE participation will count towards the DBE goal. DBE participation will count

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39 towards the Agency's Annual Anticipated DBE Participation Level and the California statewide goal.

Credit for materials or supplies you purchase from DBEs counts towards the goal in the following manner:

1. 100 percent counts if the materials or supplies are obtained from a DBE manufacturer.

2. 60 percent counts if the materials or supplies are obtained from a DBE regular dealer.

3. Only fees, commissions, and charges for assistance in the procurement and delivery of materials or supplies count if obtained from a DBE that is neither a manufacturer nor regular dealer. 49 CFR 26.55 defines "manufacturer" and "regular dealer." You receive credit towards the goal if you employ a DBE trucking company that performs a commercially useful function as defined in 49 CFR 26.55.

DBE Commitment Submittal. Submit DBE information on the “CONSTRUCTION CONTRACT DBE COMMITMENT,” form found in the Bid Forms section of the Contract Documents. Submit written confirmation from each DBE stating that it is participating in the contract. Include confirmation with the DBE Commitment form. A copy of a DBE's quote will serve as written confirmation that the DBE is participating in the contract.

17.2. Good Faith Efforts Submittal. If you have not met the DBE goal, complete and submit the “DBE INFORMATION - GOOD FAITH EFFORTS,” form found in the Bid Forms with the bid showing that you made adequate good faith efforts to meet the goal.

Only good faith efforts directed towards obtaining participation by DBEs will be considered.

If your DBE Commitment form shows that you have met the DBE goal or if you are required to submit the DBE Commitment form, you must also submit good faith efforts documentation within the specified time to protect your eligibility for award of the contract in the event the City finds that the DBE goal has not been met.

Good faith efforts documentation must include the following information and supporting documents, as necessary:

1. Items of work you have made available to DBE firms. Identify those items of work you might otherwise perform with its own forces and those items that have been broken down into economically feasible units to facilitate DBE participation. For each item listed, show the dollar value and percentage of the total contract. It is your responsibility to demonstrate that sufficient work to meet the goal was made available to DBE firms.

2. Names of certified DBEs and dates on which they were solicited to bid on the project.

Include the items of work offered. Describe the methods used for following up initial solicitations to determine with certainty if the DBEs were interested, and the dates of the follow-up. Attach supporting documents such as copies of letters, memos, facsimiles sent, telephone logs, telephone billing statements, and other evidence of solicitation. You are reminded to solicit certified DBEs through all reasonable and available means and provide sufficient time to allow DBEs to respond.

3. Name of selected firm and its status as a DBE for each item of work made available.

Include name, address, and telephone number of each DBE that provided a quote and

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40 their price quote. If the firm selected for the item is not a DBE, provide the reasons for the selection.

4. Name and date of each publication in which you requested DBE participation for the project. Attach copies of the published advertisements.

5. Names of agencies and dates on which they were contacted to provide assistance in contacting, recruiting, and using DBE firms. If the agencies were contacted in writing, provide copies of supporting documents.

6. List of efforts made to provide interested DBEs with adequate information about the plans, specifications, and requirements of the contract to assist them in responding to a solicitation. If you have provided information, identify the name of the DBE assisted, the nature of the information provided, and date of contact. Provide copies of supporting documents, as appropriate.

7. List of efforts made to assist interested DBEs in obtaining bonding, lines of credit, insurance, necessary equipment, supplies, and materials, excluding supplies and equipment that the DBE subcontractor purchases or leases from the prime contractor or its affiliate. If such assistance is provided by you, identify the name of the DBE assisted, nature of the assistance offered, and date. Provide copies of supporting documents, as appropriate.

8. Any additional data to support demonstration of good faith efforts.

17.3. Execution of Contract and Submission of Bidder DBE Information. A "BIDDER - DBE INFORMATION" form is included in the contract documents to be executed by the successful bidder. The purpose of the form is to collect data required under 49 CFR 26. Even if no DBE participation will be reported, the successful bidder must execute and return the form.

The successful bidder's "BIDDER - DBE INFORMATION" form should include the names, addresses and phone numbers of DBE firms that will participate, with a complete description of work or supplies to be provided by each, and the dollar value of each DBE transaction.

When 100 percent of a contract item of work is not to be performed or furnished by a DBE, a description of the exact portion of that work to be performed or furnished by that DBE should be included in the DBE information, including the planned location of that work. A successful bidder certified as a DBE should describe the work it has committed to performing with its own forces as well as any other work that it has committed to be performed by DBE subcontractors, suppliers and trucking companies.

The successful bidder is encouraged to provide written confirmation from each DBE that the DBE is participating in the contract. A copy of a DBE's quote will serve as written confirmation that the DBE is participating in the contract. If a DBE is participating as a joint venture partner, the successful bidder is encouraged to submit a copy of the joint venture agreement.

The "BIDDER - DBE INFORMATION" form shall be completed and returned to the City by the successful bidder with the executed contract and contract bonds.

17.4. Subcontractor and DBE Records. The Contractor shall maintain records showing the name and business address of each first-tier subcontractor. The records shall

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41 also show the name and business address of every DBE subcontractor, DBE vendor of materials and DBE trucking company, regardless of tier. The records shall show the date of payment and the total dollar figure paid to all of these firms. DBE prime contractors shall also show the date of work performed by their own forces along with the corresponding dollar value of the work.

Upon completion of the contract, a summary of these records shall be prepared on "Final Report-Utilization of Disadvantaged Business Enterprises (DBE), First Tier Subcontractors" Form CEM-2402(F) and certified correct by the Contractor or the Contractor's authorized representative, and shall be furnished to the Engineer. The form shall be furnished to the Engineer within 90 days from the date of contract acceptance. The amount of $10,000 will be withheld from payment until a satisfactory form is submitted.

Prior to the fifteenth of each month, the Contractor shall submit documentation to the Engineer showing the amount paid to DBE trucking companies. The Contractor shall also obtain and submit documentation to the Engineer showing the amount paid by DBE trucking companies to all firms, including owner-operators, for the leasing of trucks. If the DBE leases trucks from a non-DBE, the Contactor may count only the fee or commission the DBE receives as a result of the lease arrangement.

The Contractor shall also obtain and submit documentation to the Engineer showing the truck number, owner's name, California Highway Patrol CA number, and if applicable, the DBE certification number of the owner of the truck for all trucks used during that month. This documentation shall be submitted on "Monthly DBE Trucking Verification" Form CEM2404(F).

17.5. DBE Certification Status. If a DBE subcontractor is decertified during the life of the project, the decertified subcontractor shall notify the Contractor in writing with the date of decertification. If a subcontractor becomes a certified DBE during the life of the project, the subcontractor shall notify the Contractor in writing with the date of certification. The Contractor shall furnish the written documentation to the Engineer.

Upon completion of the contract, "Disadvantaged Business Enterprises (DBE) Certification Status Change" Form CEM-2403(F) indicating the DBEs' existing certification status shall be signed and certified correct by the Contractor. The certified form shall be furnished to the Engineer within 90 days from the date of contract acceptance.

17.6. Performance of Subcontractors. The subcontractors listed by the contractor in the bid proposal shall include therein the name and address of each subcontractor to whom the bidder proposes to subcontract portions of the work in an amount in excess of one-half of one percent of the total bid in accordance with the Subletting and Subcontracting Fair Practices Act, commencing with Section 4100 of the Public Contract Code. The bidder’s attention is invited to other provisions of the Act related to the imposition of penalties for a failure to observe its provisions by using unauthorized subcontractors or by making unauthorized substitutions.

DBEs must perform work or supply materials as listed in the “BIDDER - DBE COMMITMENT” form specified in Section 7.2 above. Do not terminate a DBE listed subcontractor for convenience and perform the work with your own forces or obtain materials

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42 from other sources without prior written authorization from the City.

The City grants authorization to use other forces or sources of materials for requests that show any of the following justifications:

1. Listed DBE fails or refuses to execute a written contract based on plans and specifications for the project.

2. You stipulate a bond is a condition of executing the subcontract and the listed DBE fails to meet your bond requirements.

3. Work requires a contractor’s license and listed DBE does not have a valid license under Contractors License Law.

4. Listed DBE fails or refuses to perform the work or furnish the listed materials.

5. Listed DBE's work is unsatisfactory and not in compliance with the contract.

6. Listed DBE delays or disrupts the progress of the work.

7. Listed DBE becomes bankrupt or insolvent.

If a listed DBE subcontractor is terminated, you must make good faith efforts to find another DBE subcontractor to substitute for the original DBE. The substitute DBE must perform at least the same amount of work as the original DBE under the contract to the extent needed to meet the DBE goal.

The substitute DBE must be certified as a DBE at the time of request for substitution.

The City does not pay for work or material unless it is performed or supplied by the listed DBE, unless the DBE is terminated in accordance with this section.

18. Conflict of Interest. No employee, officer, or agent of the City shall participate in selection or in the award or administration of a contract if a conflict of interest, real or apparent, would be involved. Such a conflict would arise when the employee, officer or agent, any member of his immediate family, an organization which employs, or is about to employ, has a financial or other interest in the firm selected for award.

The City's officers, employees, or agents shall neither solicit nor accept gratuities, favors or anything of monetary value from contractors, potential contractors, or parties of sub agreements.

19. Interest of Members of, or Delegates to, Congress. In accordance with U.S.C. Section 431, no member of, or delegates to, the Congress of the United States shall be admitted to a share or part of this contract or to any benefit rising there from.

20. Required Federal Contract Provisions.

20.1. General. These Federal contract provisions shall apply to all work performed on the contract by the contractor's own organization and with the assistance of workers under the contractor's immediate superintendence and to all work performed on the contract by piecework, station work, or by subcontract.

Except as otherwise provided for in each section, the contractor shall insert in each subcontract all of the stipulations contained in these Required Federal Contract Provisions, and further require their inclusion in any lower tier subcontract or purchase order that may in turn be made.

The Required Federal contract Provisions shall not be incorporated by reference in any case.

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43 The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with these Required Federal Contract Provisions.

20.2. Breach of Contract. A breach of any of the stipulations contained in these required Federal Contract Provisions shall be sufficient grounds for termination of the contract.

A breach of the following clauses of these required contract provision may also be grounds for debarment as provided in 29 CFR 5.12:

Section 8.1, 2nd paragraph
Section 8.5
Disputes arising out of the Labor Standards Provisions , Section 8.5, of these Required Federal Contract Provisions shall not be subject the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the U.S. Department of Labor (DOL) as set forth in 29 CFR 5,6 and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the DOL, or the contractor's employees or their representatives.

20.3. Termination.

20.3.1. Termination of Convenience: The City of San Luis Obispo may terminate this contract, in whole or in part, at any time by written notice to the Contractor. The Contractor shall be paid its costs, including contract close-out costs, and profit on work performed up to the time of termination. The Contractor shall promptly submit its termination claim to be paid by Contractor. If the Contractor has any property in its possession belonging to the City of San Luis Obispo, the Contractor will account for the same, and dispose of it in the manner the City of San Luis Obispo directs.

20.3.2. Termination for Default: If the Contractor does not deliver supplies in accordance with the contract delivery schedule, or, if the contract is for services, the Contractor fails to perform in the manner called for in the contract or if the Contractor fails to comply with any other provisions of the contract, the City of San Luis Obispo may terminate this contract for default. Termination shall be effected by service a notice of termination on the Contractor setting forth the manner in which the Contractor is in default. The Contractor will only be paid the contract price for supplies delivered and accepted, or services performed in accordance with the manner of performance set forth in the contract.

If it is later determined by the City of San Luis Obispo that the Contractor had an excusable reason for not performing, such as a strike, fire, or flood, events which are not the fault of, or are beyond the control of the Contractor, the City of San Luis Obispo, after setting up a new delivery or performance schedule, may allow the Contractor to continue work, or treat the termination as a termination for convenience.

20.4. Non-Discrimination/Equal Employment Opportunity.

20.4.1. Equal Opportunity Clause. Applies to construction contracts and related subcontracts over $10,000.
"During the performance of this contract, the contractor agrees as follows:

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44 (8) 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, sex, or 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 setting forth the provisions of this nondiscrimination clause.
(9) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin. (10)The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
(11) 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.
(12) 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, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (13)In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said 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 or federally assisted construction 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.
(14)The contractor will include the portion of the sentence immediately preceding paragraph (1) and 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 administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the contractor may request the United States to enter into such litigation to protect the interests of the United States.

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45 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 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.

The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 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 it if 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 assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings." Subcontracts. Each nonexempt prime contractor or subcontractor shall include the equal opportunity clause in each of its nonexempt subcontracts.

20.4.2. Notice of Requirement for Affirmative Action to Ensure Equal Opportunity (Executive Order 11246). Reference 41 CFR 60-4.2. The following notice applies to all construction contracts or subcontracts in excess of $10,000 and shall be made part of all solicitations for offers and bids on all federally assisted construction contracts. "NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL OPPORTUNITY (EXECUTIVE ORDER 11246)

1. The Bidder's attention is called to the "Equal Opportunity Clause" and the "Standard Federal Equal Employment Specifications" set forth herein.

2. The goals and timetables for minority and female participation, expressed in percentage terms for the Contractor's aggregate work force in each trade on all construction work in the covered

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46 area, are as follows:

Goals for minority
participation
for each trade
Goals for female
participation
in each trade

24.6 6.9
These goals are applicable to all the Contractor's construction work (whether or not it is Federal or federally assisted) performed in the covered area. If the contractor performs construction work in a geographical area located outside of the covered area, it shall apply the goals established for such geographical area where the work is actually performed. With regard to this second area, the contractor also is subject to the goals for both its federally involved and nonfederally involved construction.

The Contractor's compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by the specifications set forth in 41 CFR 60-5.4(a), and its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade, and the contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, the Executive Order and the regulations in 41 CFR Part 60-4. Compliance with the goals will be measured against the total work hours performed.

3. The Contractor shall provide written notification to the Director of the Office of Federal Contract Compliance Programs within 10 working days of award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address and telephone number of the subcontractor; employee identification number of the subcontractor; estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the subcontract is to be performed.

4. As used in this Notice, and in the contract resulting from this solicitation, the "covered area" is San Luis Obispo County, State of California.
[43 FR 49254, Oct. 20, 1978; 43 FR 51401, Nov. 3, 1978, as amended at 45 FR 65977, Oct. 3, 1980] "

20.4.3. Standard Federal Equal Employment Opportunity Construction Contract Specifications. Reference 41 CFR 60-4.3. The following specification applies to all construction contracts or subcontracts in excess of $10,000 and shall be made part of all

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47 federally assisted construction contracts:
"STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY CONSTRUCTION CONTRACT SPECIFICATIONS (EXECUTIVE ORDER 11246)
16) 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 Compliance Programs, United States Department of Labor, or any person to whom the Director delegates authority.
(c) "Employer identification number" means 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); and
(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).
17) 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.
18) 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 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 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 or Subcontractor's failure to take good faith efforts to achieve the Plan goals and timetables.

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48 19) The Contractor shall implement the specific affirmative action standards provided in paragraphs 7(a) through (p) 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 utilization the Contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. Covered Construction contractors performing 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 the geographical area where the work is being 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.
20) 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.
21) 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 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.
22) 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 following:
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, where possible, will assign two or more women to each construction project. 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 to each such

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49 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.
d) Provide immediate written notification to the Director when the union or unions with which the Contractor has a collective 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.
e) 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 the 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.; 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 at each location where construction work is performed. g) 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 specific review of these items with on site 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 time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter. h) 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) Direct its recruitment effort, 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 area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any 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. 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 work force. k) Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60-3.
l) Conduct, at least annually, an inventory and evaluation at least of all minority and female

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50 personnel for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc. such opportunities. m) 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 Contractor's obligations under these specifications are being carried out.
n) 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.
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. 23) Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or more of their affirmative action obligations (7a through p). 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 any one or more of its obligations under 7a through p of these Specifications 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 behalf 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. 24) 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 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). 25) 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. 26) The Contractor shall not enter into any Subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246. 27) 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

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51 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. 28) 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 CFR 60-4.8.
29) 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 Government and to keep records. Records shall at least 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.
30) 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)." 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 FR 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.

20.4.4. Nonsegregated Facilities. (Construction contracts/subcontracts of $10,000 or more) In order to comply with the obligations under the equal opportunity clause, a prime contractor or sub-contractor must insure that facilities provide for employees are provided in such manner that segregation on the basis of race, color, religion or national origin cannot result. This obligation extends to all contacts containing the equal opportunity clause regardless of the amount of the contract. The potential contractor shall certify as follows:
a. By submission of this bid, the execution of this contract or subcontract, or the consummation of this material supply agreement or purchase order, as appropriate, the bidder, construction contractor, subcontractor, material supplier, or vender, as appropriate, certifies that the firm does not maintain or provide for its employees any segregated facilities at any of its establishments, and that the firm does not permit its employees to perform their services at any location, under

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52 its control, where segregated facilities are maintained, The firm agrees that a breach of this certification is a violation of the EEO provisions of this contract, The firm further certifies that no employee will be denied access to adequate facilities on the basis of sex or disability. b. As used in this certification, the term “segregated facilities” means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, time clocks, locker rooms, and other storage of dressing areas, a parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated on the basis of race, color, religion, national origin, age or disability, because of habit, local custom, or otherwise. The only exception will be for the disabled when the demands for accessibility override (e.g. disabled parking).
c. The Contractor agrees that it has obtained or will obtain identical certification form proposed subcontractors or material suppliers prior to award of subcontracts or consummation of material supply agreements of $10,000 or more and that it will retain such certifications in its files.

20.5. Federal Labor Standards Provisions. (Construction Contracts over $2,000) All federally assisted construction contracts in excess of $2,000 shall be subject to the Copeland Anti-Kickback Act, the Davis-Bacon Act and the Contract Work Hours and Safety Standards Act and all implementation regulations issued pursuant to said Acts.

20.5.1. Classifications and wages. The following clauses shall apply to this contract and shall be incorporated into any subcontract in excess of $2,000. (1) Minimum wages.
(i) All laborers and mechanics employed or working upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), 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 found in section titled, "Federal Wage Determination," 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 1(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 paragraph (a)(1)(iv) of this section; 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

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53 mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination of the classification of work actually performed, without regard to skill, except as provided in '5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph (a)(1)(ii) of this section) 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) The contracting officer shall require that any class of laborers or mechanics, including helpers, 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. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met:
(1) Except with respect to helpers as defined in 29 CFR 5.2(n)94), 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 benefits, bears a reasonable relationship to the wage rates contained in the wage determination; and
(4) With respect to helpers as defined in 29 CFR 5.2(n)(4), such a classification prevails in the area in which the work is performed. (B) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer 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 the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary.
(C) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the

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54 proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary.
(D) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs (a)(1)(ii) (B) or (C) of this section, 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.
(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 another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program. Provided, that the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (v)(A) The contracting officer shall require that 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.

The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met:

20.5.1.1.1.1. The work to be performed by the classification requested is not performed by a classification in the wage determination; and

20.5.1.1.1.2. The classification is utilized in the area by the construction industry; and

20.5.1.1.1.3. The proposed wage rate, including any bond 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 the contracting officer 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 the contracting officer to the Administrator of the Wage and Hour Division, Employment

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55 Standards Administration, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary.
(C) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination with 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary.
(D) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs (a)(1)(v) (B) or (C) of this section, 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.
(2) Withholding. The City of San Luis Obispo shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from 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 and 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 (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), all or part of the wages required by the contract, the City of San Luis Obispo 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.
(3) Payrolls and basic records.
(i) Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the project). Such records shall contain the name,

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56 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 1(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 1(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.
(ii)(A) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the City of San Luis Obispo 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 the City of San Luis Obispo. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29CFR 5.5(a)(3)(i). This information may be submitted 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.

Government Printing Office, Washington, DC 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. (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:
(4) That the payroll for the payroll period contains the information required to be maintained under Section 5.5(a)(3)(i) of Regulations, 29 CFR part 5 and that such information is correct and complete.
(5) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations 29 CFR part 3;
(6) That each laborer or mechanic has been paid not less than the applicable

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57 wage rates and fringe benefits or cash equivalents for the classification 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 paragraph (a)(3)(ii)(B) of this section. (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 paragraph (a)(3)(i) of this section available for inspection, copying, or transcription by authorized representatives of the City of San Luis Obispo or the Department of Labor, and shall 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, the Federal agency 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.
(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, Bureau of Apprenticeship and Training. or with a State Apprenticeship Agency recognized by the Bureau, 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 Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification 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 apprentice 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 actually 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 locality other than that in which its program is registered, the ratios and wage rages (expressed in

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58 percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor'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 journeymen hourly 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 classification, fringes shall be paid in accordance with that determination.

In the event the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable pre-determined rate for the work performed until an acceptable program is approved.
(ii) Trainees. Except as provided in CFR 5.16, trainees will not be permitted to work at less than the pre-determined 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 than 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 hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved.
(iii) Equal employment opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment

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59 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.
(6) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1) through (1) and such other clauses as the City of San Luis Obispo may by appropriate instructions require, 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 29 CFR 5.5. (7) Contract Termination: Debarment. A breach of the contract clauses in 29 CFR

5.5 may be grounds for termination of the contract, 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 the contracting agency, the U.S. Department of Labor, or the employees or their representatives.
(10) Certification of eligibility.
(i) 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).
(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).
(iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001.
(11) Complaints, Proceedings, or Testimony by Employees. No laborer or mechanic

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60 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.

20.5.2. Contract Work Hours and Safety Standards Act. The following clauses shall apply to this contract and shall be incorporated into any subcontract in excess of $2,000. The following clauses set forth in paragraphs (b)(1) (2), (3), and (4) of this section shall be inserted in full in any contract subject to the overtime provisions of the Contract Work Hours and Safety Standards Act. These clauses shall be inserted in addition to the clauses required by 29 CFR 5.5(a) or '4.6 of part 4. As used in this paragraph, the terms laborers and mechanics include watchmen and guards. (1) Overtime requirements. No contractor or subcontractor 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 he or she is employed on such work to work in excess of forty 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 forty hours in such workweek.
(2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (b)(1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (b)(1) of this section, 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 or forty hours without payment of the overtime wages required by the clause set forth in paragraph (b)(1) of this section.
(3) Withholding for unpaid wages and liquidated damages. The City of San Luis Obispo shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, 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 contractor or

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61 subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (b)(2) of this section.
(4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (b)(1) through 4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts.

The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth i paragraphs (b)(1) through (4) of this section.
(5) 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 health and safety as determined under construction safety and health standards promulgated by the Secretary 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 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.

20.5.3. Record Retention. The contractor or subcontractor shall maintain payrolls and basic payroll records during the course of the work and shall preserve them for a period of three years from the completion of the contract for all laborers and mechanics, including guards and watchmen, working on the contract. Such records shall contain the name and address of each such employee, social security number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made and actual wages paid. Further the Agency Head shall cause or require the contracting officer to insert in any such contract a clause providing that the records to be maintained under this paragraph shall be made available by the contractor or subcontractor for inspection, copying, or transcription by authorized representatives of the City of San Luis Obispo and the Department of Labor, and the contractor or subcontractor will permit such representatives to interview employees during working hours on the job.

20.6. Compliance with Sec 3 of the Housing and Urban development Act of 1968.

Reference HUD's 24 CFR 135.38 Applies to all HUD assisted contracts and related subcontracts.

Contractors and subcontractors participating in federally-assisted projects are required to track and report their activity relative to the hiring and training of low and moderate income persons and the use of local businesses owned by low-income persons. This information must be reported by all contractors and subcontractors,

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62 whose contract is $100,000 or greater, prior to project completion utilizing the “Section 3 Compliance form”.

All Section 3 covered contracts shall include the following clause (referred to as the Section 3 clause):

H. The work to be performed under this contract 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) – (see Title 24 - Code of Federal Regulations – Part 135, 24 CFR 135). The purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing.

I. The parties to this contract agree to comply with HUD’s regulations in 24 CFR part 135, which implement section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations.

J. The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers’ representative of the contractor’s commitments under this section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin.

K. The contractor agrees to include this section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135.

L. The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not filled to circumvent the contractor’s obligations under 24 CFR part 135.

M. Noncompliance with HUD’s regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts.

N. With respect to work performed in connection with Section 3 covered Indian housing assistance, section 7(b) of the Indian Self‐Determination and Education Assistance Act

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63 (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian‐owned Economic Enterprises. Parties to this contract that are subject to the provisions of section 3 and section 7(b) agree to comply with Section 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b).

20.7. Access to Records. The contractor and subcontractors shall allow access by authorized City and Federal Agency personnel, the comptroller of the United States or any of their duly authorized representatives to any books, documents, papers and records which are directly pertinent to this specific contract for the purpose of making audit, examination, excerpts, and transcripts. The right of access in this section must not be limited to the required retention but shall last as long as the records are retained.

20.8. Record Retention. The Contractor and subcontractors shall be required to retain all records for a period of five (5) years following final payment and closeout of the project.

20.9. Conservation. Contractor shall recognize mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 USC Section 6321 et seq).

20.10. Environmental Protection. (Applies to all contracts and subcontracts in excess of $100,000) By submission of this bid or the execution of this contract, the contractor agrees as follows:

E. That any facility that is or will be utilized in the performance of this contract, unless such contract is exempt under the Clean Air Act, as amended (41 USC 1857 et seq., as amended by Pub.L. 91-604, and under the Federal Water Pollution Control Act, as amended (33 USC 1251 et seq., as amended by Pub.L. 92-500), Executive Order 11738, and regulations in implementation thereof (40 CFR 15) is not listed,, on the date of contract award, on the U.S. Environmental Protection Agency (EPA) List of Violating Facilities pursuant to 40 CFR 15.20.

F. That the firm agrees to comply and remain in compliance with all the requirements of Section 114 of the Clean Air Act and Section 308 of the Federal Water Pollution Control Act and all regulations and guidelines listed thereunder.

G. That the firm shall promptly notify the City of the receipt of any communication form the EPA indicating that a facility that is or will be utilized for the contract is under consideration to be listed on the EPA List of Violating Facilities.

H. That the firm agrees to include or cause to be included the requirements of paragraphs 1 through 4 of this section in every nonexempt subcontract, and further agrees to take such action as the government may direct as a means of enforcing such requirements.