RFP #: CDBG-01 Title: Handicapped Accessibility to Public Buildings

Transcription

1 RFP #: CDBG-01 Title: Handicapped Accessibility to Public Buildings I. INTRODUCTION AND BACKGROUND The purpose of this document is to provide interested parties with information to enable them to prepare and submit a proposal and to inform them of basic requirements that the County uses as part of its standard contract process. Your proposal should include the completed CDBG Application and information requested in Section III below. Standard contract requirements concerning Affirmative Action, the Americans with Disabilities Act, the County s Living Wage ordinance, contract termination and modification, etc. are included in the County s boilerplate contract. This contract is subject to change. For further information you can view a copy of the contract on our website at: II. SCOPE OF THE PROJECT A. PROJECT DESCRIPTION The CDBG Program is currently seeking projects to improve accessibility to public buildings through the removal of architectural barriers to mobility for persons with disabilities within the member communities of the Dane County Urban County Consortium. Please refer to the attached document: CDBG PUBLIC FACILITIES IMPROVING HANDICAPPED ACCESSIBILITY TO PUBLIC BUILDINGS FOR PERSONS WITH DISABILITIES for additional details. Eligible Applicants Eligible applicants include the County, government agencies, and non-profit agencies. If undertaken by a non-profit, the facility must be open to the public during normal business hours. Eligible Activities Handicapped accessibility includes activities for the design and development of accessible building entrances, interior and exterior routes of travel, and bathroom modifications to assure that the public and common areas of public buildings are accessible to persons with disabilities. Eligible activities include the creation of accessible routes, building entrances, hallways and corridors, bathrooms, and service areas; removal/regression of walkway hazards; installation of signage and audible tones, bells, or verbal annunciators; ramps and edges, curb ramps, handrails and handrail extensions, door hardware, automatic door openers, wheelchair lifts, elevators, and other permanent modifications in and to existing public buildings to accommodate persons with disabilities. In choosing which accessible elements to provide, priority should be given to those elements that will provide the greatest access, in the following order (Reference: (B)): 1. An accessible entrance; 2. An accessible route to the altered area; 3. At least one accessible restroom for each sex or a single unisex restroom; 4. Accessible telephones;

2 5. Accessible drinking fountains; and 6. When possible, additional accessible elements such as parking, storage, and alarms. Structures built after January 26, 1992 are not eligible for funding as they were required to comply with Title II of the Americans with Disabilities Act at the time they were constructed. Eligible Costs Documented costs of services and materials necessary to complete the authorized handicapped accessibility work, including: Architectural/ Engineering or related professional services required to prepare plans, drawings, specifications, work write-ups, or cost estimates. Bidding costs, including advertisement in newspapers Contractor costs labor and materials. Davis-Bacon administration costs, including consulting services. Please note that Federal Labor Standards, including the payment of prevailing wages under Davis-Bacon, may apply to the project. Type Of Assistance Grant for up to 100% of the cost of the rehabilitation work. B. OBJECTIVES To provide assistance to improve handicapped accessibility to public buildings for persons with disabilities. C. NEEDS/EXPECTATIONS 1. Projects must assist low-and-moderate-income persons in the participating municipalities of the Dane County Urban County Consortium. Elderly persons or persons with a severe disability are presumed to be an eligible clientele. Please refer to the attached document: CDBG PUBLIC FACILITIES IMPROVING HANDICAPPED ACCESSIBILITY TO PUBLIC BUILDINGS FOR PERSONS WITH DISABILITIES for additional details. 2. It is expected that projects will meet documented community needs. This includes needs identified in the Dane County Consolidated Plan available on the County web site at: and through other hard data sources. 3. Projects must be consistent with the Dane County Comprehensive Plan and with the Plans of the local municipality (City, Town, or Village) in which the project will be located. 4. Any additional funding needed to make the project viable must be secured in order for a contract to be executed. 5. Projects must be shovel-ready, meaning that construction will begin in the year in which the contract is awarded 2012.

3 D. CURRENT OPERATIONS In 2010, grants were awarded to the Village of Belleville and to the Village of Cambridge. E. MAXIMUM FUNDING The amount of funding available for this project is unknown at this time. Awards made in 2010 averaged $11,750 each. The County reserves the right to reject any and all proposals and to negotiate the terms of the contract, including the award amount, with the selected proposer prior to entering into a contract. If contract negotiations cannot be concluded successfully with the highest scoring proposer, the County may negotiate a contract with the next highest scoring proposer. III. APPLICATION Proposal Organization and Format Required Form Proposals should be submitted using the Dane County Application for 2012 CDBG Funds Handicapped Accessibility to Public Buildings. This application requires that resumes of key staff be attached to the application. Multiple Proposals Multiple proposals from a vendor will be permissible, however each proposal must conform fully to the requirements for proposal submission. Each such proposal must be separately submitted and labeled as Proposal #1, Proposal #2, etc. Required Copies Proposers must submit an original and nine (9) of copies of all materials required for acceptance as stated in this RFP. IV. EVALUATION CRITERIA Scoring of proposals will be as follows:

4 Criteria Percent Need and Justification 20% Benefit to Low-and-Moderate Income Persons 5% Project Approach 30% Experience and Qualifications 15% Program Budget and Other Sources of Funds 20% Past Performance 10% (If previously funded, ability to meet timelines and goals in a reasonable fashion, compliance with prior contracts. Maximum points will be awarded to new applicants. Need and Justification (20 points maximum) TOTAL 100% The project need and justification adequately describes the problem that is being addressed by the proposed project. Statements are substantiated and related to the needs and the priorities in the Consolidated Plan. Statements are based on an evaluation of programs, services, and activities to determine that they are programmatically and physically accessible to persons with disabilities. Benefit to Low-and-Moderate Income Persons (5 points maximum) The application describes the population to be served. Additional points will be given to projects located in census tracts where 42.8% of the population are considered low-and-moderate income. Project Approach (30 points maximum) The application describes what the program/project will do; how it will be implemented, operated, and administered within a realistic time period; how it will be provided; and how low-income participants will access services. The description should include: A description of the work that will be undertaken and a description of how the work will address the identified problems. Identifies any partnerships that have been or will be formed to ensure the success of the project. A work plan for how the project/program will be organized, implemented, operated, and administered, and the timeline and milestones from initiation to completion. Work on the project meaning funds will be spent will begin in Experience and Qualifications (15 points maximum) The application provides documentation to justify the organization s capacity to conduct this project. The project is consistent with the mission of the organization. The organization has undertaken projects of similar complexity to the one for which funds are being requested. There are staff resources with the skills and experience to administer and conduct an accountable and responsible project. There appears to be adequate board and management oversight.

5 Budget (15 points maximum) The application clearly explains and justifies each proposed budget line item and why CDBG funding is required to make the project viable. The budget is realistic. Other Sources of Funds (5 points maximum) Efforts have been made to secure other funding for the project (worth up to 5 points). The application identifies eligible sources of match (worth up to 5 points). Past Performance (10 points maximum) If the organization has been previously funded, a review of past expenditures and performance shows that the organization has been able to meet timelines and goals in a reasonable fashion, i.e., no unexpended dollars from prior years. Compliance with the contract will include, but not be limited to, submission of reports and adherence to scope of services. (Worth up to 10 points with maximum points being awarded to new projects.) V. SPECIAL CONTRACT TERMS AND CONDITIONS Procurement 1. Contractors of County CDBG funding will comply with the procurement standards under 24 CFR for governmental contractors and 24 CFR for contractors that are nonprofit organizations, including the requirements for bonding in procurement. 2. The Contractor is the responsible authority, without recourse to HUD or the County regarding the settlement of all contractual and administrative issues arising out of the procurement entered in support of the award or other agreement. 3. The Contractor shall conduct all procurement in a manner to provide to the maximum extent practicable, open and free competition. Contractors that develop or draft specifications, requirements, statement of work, invitations for bids or requests for proposals shall be excluded from competing for a project. 4. General requirements for procurement include, but are not limited to: a. Contractors must maintain records to detail the significant history of procurement. These records include, but are not limited to: files on the rationale for selecting the method of procurement used, selection of the contract type, the contractor selection/rejection process, and the basis for the cost or price of a contract. b. Pre-qualified lists of vendors/contractors, if used, must be current, developed through open solicitation, include adequate numbers of qualified sources, and must allow entry of other firms to qualify at any time. c. Steps should be taken to assure that women and minority businesses are utilized when possible as the sources of supplies, equipment, construction and services. d. Contractors must ensure that awards are not made to any party that is debarred or suspended or is otherwise excluded from or ineligible for participation in the Federal assistance programs under Executive Order e. There must be written selection procedures for procurement transactions. f. Contractors must not use cost plus a percentage of cost pricing for contracts. In addition, Contractors should use time and material type contracts only after a determination is made that no other contract type is suitable and the contract includes a ceiling price that the contractor exceeds at its own risk. g. Contractors must have protest procedures in place to handle and resolve disputes relating to their procurement and in all instances report such disputes to the County. h. There must be a documented system of contract administration for determining the consistency of contractor performance.

6 i. Contractors must have a written code of conduct governing employees, officers, or agents engaged in the award or administration of contracts. Excluded Parties List System (EPLS) No contracts may be awarded to any party that is debarred or suspended or is otherwise excluded from participation on federal assistance programs. Federal Labor Standards Federal Labor Standards requirements apply to most public facility and improvement construction and rehabilitation projects. They are triggered at a minimum cost of $2,000 and apply to the entire project, not just the portion funded by County CDBG. If a Contract is awarded, labor standards requirements will be described in detail in the contract with the County. Additional information also can be obtained in the HUD Contractor s Guide to Prevailing Wage Requirements for Federally-Assisted Construction Projects at Domestic Partner Equal Benefits Requirement The contractor [or grant beneficiary] agrees to provide the same economic benefits to all of its employees with domestic partners as it does to employees with spouses, or the cash equivalent if such a benefit cannot reasonably be provided. The contractor [or grant beneficiary] agrees to make available for County inspection the contractor's payroll records relating to employees providing services on or under this contract or subcontract [or grant]. If any payroll records of a contractor [or grant beneficiary] contain any false, misleading or fraudulent information, or if a contractor [or grant beneficiary] fails to comply with the provisions of s , D. C. Ords., the contract compliance officer may withhold payments on the contract; terminate, cancel or suspend the contract in whole or in part; or, after a due process hearing, deny the contractor the right to participate in bidding on future County contracts for a period of one year after the first violation is found and for a period of three years after a second or subsequent violation is found. Living Wage Requirement All employees working on this project are covered by the Dane County Living Wage Ordinance Section (d). See Section 28.0 Standard Terms and Conditions. The minimum living wage rate for 2011 is $ The successful Proposer will be required to sign a Living Wage Certification upon completion of the contract. Details are available on the Dane County Purchasing Division web site at Lobbying Certification Prior to entering into an agreement to provide services, the contractor will be required to sign a certification attesting to the following: 1. No federally 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 an 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 contract, 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. 2. If any funds other than federally appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a

7 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 Standard Form-LLL, Disclosure Form to Report Lobbying, in accordance with its instructions. 3. The contractor shall require that the language of this CERTIFICATION be included in the award documents for all sub-awards at all tiers (including subcontractors, sub-grants, and contracts under grants, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly. Equal Opportunity Clause During the performance of this contract, the contractor agrees as follows: 1. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex 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 by the contracting officer setting forth the provisions of this nondiscrimination clause. 2. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. 3. The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under Section 202 of Executive Order of Sept. 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The contractor will comply with all provisions of Executive Order of September 24, 1965, as amended by Executive Order of October 13, 1967 and with the rules, regulations, and relevant orders of the Secretary of Labor. 5. The contractor will furnish all information and reports required by Executive Order of September 24, 1965 as amended, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the contracting agency, County of Dane, HUD, and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 6. In the event of the contractor s noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, the contract may be cancelled, terminated, or suspended in whole or in part and the contract may be declared ineligible for further government contracts in accordance with procedures authorized in Executive Order of September 24, 1965 as amended, and such other sanctions may be imposed or remedies invoked as provided in Executive Order No of September 24, 1965 as amended, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.

8 The contractor will include the provisions of paragraphs 1 through 7 in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order of September 24, 1965 as amended, so that such provisions will be binding upon each subcontract or vendor. The contractor will take such action with respect to any subcontract or purchase order as the contracting agency and/or County of Dane may direct as a means of enforcing such provisions, including sanctions for noncompliance. VI. Contact Information Please check the website routinely to receive any updates or changes to this RFP. For clarifications or questions concerning this application your contact is listed below. Responses to questions submitted will be posted to the website. Contact: Lori Bastean Bastean@countyofdane.com VII. Timeline April 15, :30 p.m. May 27, Noon June 25, 2011 August 25, 2011 Consolidated Application Workshop Dane County Job Center Ballroom 1819 Aberg AVE Madison, WI Applications due from vendors Application Review Team Village of McFarland Municipal Center Conference Room A 5915 Milwaukee ST McFarland, WI Public Hearing for citizen input on activities proposed for funding in CDBG Commission will make final recommendations to County Executive and County Board for funding. Your completed proposal should include the following: 1) An electronic copy of the application and supporting materials submitted to: cdbg@countyofdane.com 2) Ten (10), 3-hole punched, copies of the completed Dane County Application for 2012 CDBG Funds Handicapped Accessibility to Public Buildings. 3) Additional information requested in Section III above. Submit your completed proposal to: Dane County CDBG/HOME Attn: RFP # Northport Drive

9 Madison, Wisconsin Proposals are due no later than May 27th, 12 noon.

10 CDBG/HOME PROGRAM POLICY AND PROCEDURES MANUAL SUBJECT: CDBG PUBLIC FACILITIES IMPROVING HANDICAPPED ACCESSIBILITY TO PUBLIC BUILDINGS FOR PERSONS WITH DISABILITIES PURPOSE The primary objective of Title I of the Housing and Community Development Act of 1974, as amended, is the development of viable urban communities. This is achieved by providing decent housing, a suitable living environment, and expanding economic opportunities. This activity meets the national objective of benefiting low and moderate-income persons. This program meets the Dane County Consolidated Plan priority of improving accessibility to public buildings for persons with disabilities through the installation of ramps, automatic door openers, and other modifications. DEFINITIONS Reference: 24 CFR Part 100, Federal Register Vol. 73, No. 207 dated Two of the key provisions impacting accessibility in the CDBG program are Section 504 of the Rehabilitation Act of 1973 and The Americans with Disabilities Act of Section 504 of the Rehabilitation Act of 1973 provides that no otherwise qualified individual shall, solely by reason of his or her disability, be excluded from participation (including employment), denied program benefits, or subjected to discrimination under any program or activity receiving Federal funding assistance. For the purposes of compliance with Section 504, accessible means ensuring that programs and activities, when viewed in their entirety, are accessible to and usable by individuals with disabilities. The Americans with Disabilities Act of 1990 (ADA) modifies and expands the Rehabilitation Act of 1973 to prohibit discrimination against a qualified individual with a disability in employment and physical accommodations. Individual with a Disability, HUD s Section 504 regulations define an individual with a disability as any person who has a physical or mental disability that substantially limits one or more major life activities; has a record of such an impairment; or is regarded as having such an impairment [24 CFR 8.3]. Major life activities include walking, talking, hearing, seeing, breathing, learning, performing manual tasks, and caring for oneself. The law also applies to individuals who have a history of such impairments as well as those who are perceived as having such an impairment. Accessible, when used with respect to the public and common use areas of a building, means that the public or common use areas of the building can be approached, entered, and used by individuals with physical disabilities. The phrase readily accessible to and usable by is synonymous with accessible. A public or common use area that complies with the appropriate requirements of ICC/ANSI A (incorporated by reference at a), ICC/ANSI A (incorporated by reference at a), CABO/ANSI A (incorporated by reference at a), ANSI A (incorporated by reference at a), or a comparable standard is deemed accessible within the meaning of this paragraph. Accessible route means a continuous unobstructed path connecting accessible elements and spaces in a building or within a site that can be negotiated by a person with a severe disability using a wheelchair and that is also safe for and usable by people with other disabilities. Interior accessible routes may include

11 corridors, floors, ramps, elevators, and lifts. Exterior accessible routes may include parking access aisles, curb ramps, walks, ramps, and lifts. A route that complies with the appropriate requirements of ICC/ANSI A (incorporated by reference at a), ICC/ANSI A (incorporated by reference at a), CABO/ANSI A , ANSI A (incorporated by reference at a), or a comparable standard is an accessible route. Building entrance on an accessible route means an accessible entrance to a building that is connected by an accessible route to public transportation stops, to accessible parking and passenger loading zones, or to public streets or sidewalks, if available. A building entrance that complies with ICC/ANSI A (incorporated by reference at a), ICC/ANSI A (incorporated by reference at a), CABO/ANSI A (incorporated by reference at a), ANSI A (incorporated by reference at a), or a comparable standard complies with the requirements of this paragraph. NATIONAL OBJECTIVES Reference: 24 CFR (a)(2)(ii) Each activity funded by CDBG must meet one of three national objectives: Benefit low and moderate-income persons (LMI), Aid in the prevention or elimination of slums or blight; or Meet a particularly urgent community development need (such as following a flood or tornado). The activities for this program qualify as benefitting low-and-moderate income persons. They may do so as either an Area Benefit activity or as a Limited Clientele Activity. Area Benefit Activities (LMA) Activities that benefit all residents of a particular area, where at least 51 percent of the residents are LMI persons. HUD uses a special run of the Census tract block group data to identify these areas. HUD permits an exception to the LMI benefit area for certain entitlement communities. Dane County is allowed to qualify activities based on the exception criteria or upper quartile. Currently, activities that benefit areas where at least 42.8% of the residents are LMI qualify as an area benefit. Limited Clientele Activities (LMC) Under this category 51% of the beneficiaries of the activity have to be LMI persons. This includes activities that remove material or architectural barriers to the mobility or accessibility of elderly persons or adults meeting the U.S. Bureau of the Census Current Population Reports definition of severely disabled, provided it is restricted, to the extent practicable, to the removal of such barriers by assisting the reconstruction of a public facility or improvement, or portion thereof, that does not qualify under the area benefit activity. The census definition of severely disabled is: Persons are classified as having a severe disability if they (a) used a wheel-chair or had used another special aid for six months or longer; b) are unable to perform one or more functional activities or need assistance with an ADL or IADL:; c) are prevented from working at a job or doing housework; or d) have a selected condition including autism, cerebral palsy, Alzheimer s disease, senility, or dementia, or mental retardation. Also persons who are under 65 years of age and who are covered by Medicare or who receive SSI are considered to have a severe disability. Functional activities includes: seeing, hearing, having one s speech understood, lifting and carrying, walking up a flight of stairs, and walking. An ADL is an activity of daily living which includes getting around inside the home, getting in or out of bed or a chair, bathing, dressing, eating, and toileting. An IADL is an instrument of daily living and includes going outside the

12 home, keeping track of money or bills, preparing meals, doing light housework, and using the telephone. For activities that qualify as a limited clientele activity, documentation must be maintained showing that barriers to mobility or accessibility have been removed and how the barrier removal was restricted to the extent feasible to one of the particular cases authorized. ELIGIBLE APPLICANTS Reference: 24 CFR (c) and 24 CFR (a) (1) The County, government agencies, and non-profit organizations may undertake handicapped accessibility projects in existing public buildings. If undertaken by a non-profit, the facility must be open to the public during normal business hours. The project undertaken must be in a participating municipality of the Dane County Urban County Consortium. ELIGIBLE ACTIVITIES Handicapped accessibility includes activities for the design and development of accessible building entrances, interior and exterior routes of travel, and bathroom modifications to assure that the public and common areas of public buildings are accessible to persons with disabilities. Eligible activities include the creation of accessible routes, building entrances, hallways and corridors, bathrooms, and service areas; removal/regression of walkway hazards; installation of signage and audible tones, bells, or verbal annunciators; ramps and edges, curb ramps, handrails and handrail extensions, door hardware, automatic door openers, wheelchair lifts, elevators, and other permanent modifications in and to existing public buildings to accommodate persons with disabilities. In choosing which accessible elements to provide, priority should be given to those elements that will provide the greatest access, in the following order (Reference: (B)): (1) An accessible entrance; (2) An accessible route to the altered area; (3) At least one accessible restroom for each sex or a single unisex restroom; (4) Accessible telephones; (5) Accessible drinking fountains; and (6) When possible, additional accessible elements such as parking, storage, and alarms. Structures built after January 26, 1992 are not eligible for funding as they were required to comply with Title II of the Americans with Disabilities Act at the time they were constructed. ELIGIBLE COSTS Documented costs of services and materials necessary to complete the authorized handicapped accessibility work, including*: Architectural/ Engineering or related professional services required to prepare plans, drawings, specifications, work write-ups, or cost estimates Bidding costs, including advertisement in newspapers Contractor costs labor and materials Davis-Bacon administration costs, including consulting services. TYPE OF ASSISTANCE Grant for up to 100% of the cost of the rehabilitation work. GENERAL REQUIREMENTS

13 1. The participating municipality or other organization should conduct a Section 504 accessibility self-evaluation of programs, services, and activities to determine that they are programmatically and physically accessible to persons with disabilities. Persons with disabilities are to be involved in these evaluations. If the municipality has already completed a self-evaluation, the ADA Transition Plan should be provided to the County. Copies of the results of the self-evaluation are to be made available to the County CDBG Program. A checklist may be found at: 2. All work, to the maximum extent feasible, must meet the requirements of the applicable accessibility standard, including but not limited to: Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, ADA Standards for Accessible Design - the Architectural Barriers Act of 1968, as amended, Uniform Federal Accessibility Standards (USAF) - Resources may be found at: Please note that changes were made to the ADA Standards for Accessible Design as of July 23, These changes may be viewed at: 3. Work may not begin until the environmental review requirements at Part 58 are met and the County has given notice to proceed. 4. Subecipients of County CDBG funding will comply with the procurement standards under 24 CFR for governmental subrecipients and 24 CFR for subrecipients that are nonprofit organizations. 5. All contractors are to be cleared through the HUD listing for debarred and suspended participants (24 CFR and 85.3) prior to awarding of contract for work. 6. Federal Labor Standards, triggered at a minimum cost of $2,000, apply to the entire project, not just the portion funded by County CDBG. 7. Local building permits must be taken out for the work. If a permit is required, the building official should sign off on the permit indicating that the work was completed. 8. The organization awarded funding should inspect work prior to paying a contractor invoice. 9. There must be a final inspection of the work by County ADA Coordinator or municipal staff to determine whether all items were completed as specified in the work specifications. 10. There must be documentation to show the contractor provided the appropriate lien releases. FEDERAL OVERLAY REQUIREMENTS Environmental Review Requirements All CDBG funded projects are subject to environmental review. No work may begin until the County gives notice to proceed. Labor Standard Requirements If the grant will fund interior or exterior construction totaling $2,000 or more, the construction contracts are subject to Federal Davis-Bacon Labor Standards and Minimum Prevailing Wage Rates on the entire project. Other Requirements There are a number of other standards that may be applicable to these projects where CDBG funds are used. These may include but are not limited to: Acquisition, Procurement, Relocation and Anti-Displacement, Equal Employment Opportunity, Section 3, Debarment and Suspension, Conflict of Interest, and more. Procurement Requirements 1. Subecipients of County CDBG funding will comply with the procurement standards under 24 CFR for governmental subrecipients and 24 CFR for subrecipients that are nonprofit organizations, including the requirements for bonding in procurement.

14 2. The Subrecipient is the responsible authority, without recourse to HUD or the County regarding the settlement of all contractual and administrative issues arising out of the procurement entered in support of the award or other agreement. 3. The Subrecipient shall conduct all procurement in a manner to provide to the maximum extent practicable, open and free competition. Contractors that develop or draft specifications, requirements, statement of work, invitations for bids or requests for proposals shall be excluded from competing for a project. 4. General requirements for procurement include, but are not limited to: a. Subrecipients must maintain records to detail the significant history of procurement. These records include, but are not limited to: files on the rationale for selecting the method of procurement used, selection of the contract type, the contractor selection/rejection process, and the basis for the cost or price of a contract. b. Pre-qualified lists of vendors/contractors, if used, must be current, developed through open solicitation, include adequate numbers of qualified sources, and must allow entry of other firms to qualify at any time. c. Steps should be taken to assure that women and minority businesses are utilized when possible as the sources of supplies, equipment, construction and services. d. Subrecipients must ensure that awards are not made to any party that is debarred or suspended or is otherwise excluded from or ineligible for participation in the Federal assistance programs under Executive Order e. There must be written selection procedures for procurement transactions. f. Subrecipients must not use cost plus a percentage of cost pricing for contracts. In addition, Subrecipients should use time and material type contracts only after a determination is made that no other contract type is suitable and the contract includes a ceiling price that the contractor exceeds at its own risk. g. Subrecipients must have protest procedures in place to handle and resolve disputes relating to their procurement and in all instances report such disputes to the County. h. There must be a documented system of contract administration for determining the consistency of contractor performance. i. Subrecipients must have a written code of conduct governing employees, officers, or agents engaged in the award or administration of contracts. Labor Standards Requirements (also known as Davis-Bacon) These HUD requirements apply to most public facility and improvement construction and rehabilitation projects. They are triggered at a minimum cost of $2,000 and apply to the entire project, not just the portion funded by County CDBG. If a grant contract is awarded, labor standards requirements will be described in detail in the contract with the County. Additional information also can be obtained in the HUD Contractor s Guide to Prevailing Wage Requirements for Federally-Assisted Construction Projects at General requirements are as follows: 1. Wage Rate Decisions The Davis-Bacon wage decision that applies to a project contains a schedule of work/job classifications and the minimum wage rates that must be paid to persons performing particular jobs. If a work classification that is needed for the project does not appear on the wage decision, the County must request an additional classification and wage rate from HUD. Any apprentices and trainees working on the job site must participate in a bona fide apprenticeship program registered with the U.S. Department of Labor or in a State program that is recognized by the U.S. Department of Labor. The ratio of trainees to journeymen on the job site cannot be greater than permitted under the plan approved by the U.S. Department of Labor. 2. Labor Clauses and Wage Decisions in Bid and Contract Documents The labor clauses and the applicable wage rate decision (and any additional classifications) must be a physical part of the bid package. They can be obtained from the County. The labor clauses obligate the contractor to

15 comply with Davis-Bacon wage and reporting requirements and provide remedies and sanctions in the event of violations. 3. Pre-construction Conference The County requires that a pre-construction conference be held with the prime contractor before construction begins to explain the Federal labor standards and other contractual requirements. Please note that the County cannot authorize payment of an invoice until all these requirements are met. 4. Payroll Review Once the public facility construction and rehabilitation is underway, the prime/general contractor should complete a weekly payroll report for its employees on the covered job and sign the Statement of Compliance. The prime/general contractor must also obtain weekly payrolls (including signed Statements of Compliance) from all subcontractors as they work on the project. 5. On-site Worker Interviews HUD labor standards require the County to periodically conduct job site interviews with workers. The purpose of the interview is to obtain job information to verify that workers worked the number of hours listed in the payroll and are paid the required hourly rate plus fringe benefits. /cdbg policies handicapped accessibility standards.doc Adopted by the CDBG Commission: