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CITY & COUNTY OF SAN FRANCISCO
HUMAN RIGHTS COMMISSION
INTERIM HRC ATTACHMENT 1
Requirements for Construction Contracts
FOR CONTRACTS $50,000 AND OVER
___________________________________________________________________
PART I. GENERAL
1.01 PURPOSE
A. To be eligible for any City contract award, each bidder shall agree to comply with
disadvantaged business requirements contained in this HRC Attachment 1 as
authorized by San Francisco Administrative Code Chapter 12B, Section 12B.4 and
Chapter 14A and their implementing rules and regulations. These requirements
are in addition to the bidding requirements set forth elsewhere in the contract
documents.
B. Chapters 12B and 14A of the San Francisco Administrative Code and their
implementing rules and regulations are incorporated by reference as though fully
set forth herein. These ordinances and regulations provide in part that the failure
of any contractor to comply in good faith with the DBE requirements shall be
deemed a material breach of contract. Copies of both Chapters 12B and 14A and
their implementing rules and regulations are available upon request by calling the
HRC office at (415) 252-2500.
C. For assistance regarding Attachment 1 and the accompanying forms for
construction contracts contact the following number(s):
Human Rights Commission Main Office ................................ (415) 252-2500
DBE Certification ................................... (415) 252-2537 or (415) 252-2530
For all other city departments and compliance with the Equal Benefits Program, please
contact the HRC Main Office.
v 09-02-04 Page 1 of 19
CITY AND COUNTY OF SAN FRANCISCO HRC ATTACHMENT 1
HUMAN RIGHTS COMMISSION Requirements for Construction Contracts
1.02 SUBMISSION OF HRC FORMS
NOTE: For negotiated contracts: The schedule for the submission of forms will be
established by the HRC in conjunction with the awarding department on a case-by-
case basis.
For all other contracts:
***These forms are available in Adobe Acrobat PDF, and Microsoft® Word Fillable formats
on our website www.sfgov.org***
A. Submit the following HRC forms with the Bid:
1. HRC Form 1: DBE Bid Discount Application
a. All bidders, including joint ventures, should submit this form. If this form is
not completed and returned with the Bid, the business submitting the Bid
may not receive the bid discount.
b. Bidders are requested to submit all information whether or not a bid
discount is claimed.
c. To be eligible for a bid discount, the Bid amount, percent of Bid amount
and portion of work for each joint venture partner must be filled in.
d. Bidders and subcontractors must be certified as DBE on the bid date to
qualify for the bid discount or to qualify to meet the DBE subcontracting
goal. A bidder will not receive any bid discount nor will a subcontractor
qualify to meet the subcontracting goal, unless, prior to bid opening date,
the bidder or subcontractor has received an HRC certification letter
confirming its DBE status.
e. DBEs that have a current and unexpired HRC certification do not need to
submit the Schedule D again.
f. Any bidder who is in the process of appealing the Director’s denial of
certification or revocation of certification shall not be considered a DBE for
any bid submission until the appeal is final.
g. Additional criteria defining a bona-fide DBE are included in Chapter 14A and
its implementing rules and regulations. Complete criteria are attached to
the DBE certification application (Schedule D) and may be obtained by
contacting the HRC main office at 415.252.2500. Additional supporting
documentation may be required.
2. HRC Form 2A, 2A-A, 2B: DBE Subcontractor Participation Forms:
a. HRC forms 2A and 2B must be completed and submitted with the Bid.
Except where the bidder or contract awarding authority has obtained a
waiver from the HRC, any bid submitted without a completed HRC form 2A
and 2B shall be deemed non-responsive and rejected. Bidders shall list on
HRC Form 2A the particular DBE subcontractors to be utilized in performing
the contract, including first and lower tier subcontractors, suppliers, or
service contractors such as truckers. Bidders must also specify the dollar
amount of each subcontract and portion of work to be performed.
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HRC ATTACHMENT 1 CITY AND COUNTY OF SAN FRANCISCO
Requirements for Construction Contracts HUMAN RIGHTS COMMISSION
b. HRC form 2A-A must be completed and submitted with the bid if the bidder
includes DBE participation on alternates. Compliance with subcontracting
goal is determined on the amount of the base bid only (even if alternates
are selected). However, listed DBE subcontractor participation on selected
alternates may be credited towards meeting good faith efforts where the
DBE subcontracting participation goal are not met on the base bid. DBEs
that are listed on the base bid should be listed again on HRC form 2A-A for
each alternate on which they will be utilized. Failure to list DBEs on HRC
Form 2A-A may result in their participation not being counted towards
meeting the DBE goal, even if the alternate is selected.
c. The subcontracting goal can only be met with DBEs that are HRC certified
on or before the bid opening date.
d. Bidder shall either meet the specified DBE subcontractor participation goal
or demonstrate its good-faith efforts to meet the goal in accordance with
California Public Contract Code section 2000. Failure to meet said goal or
demonstrate good-faith efforts shall cause the Bid to be determined non-
responsive and rejected.
B. The apparent low bidder must submit the following forms by 5:00 p.m. on the
fifth business day following Bid opening. If the HRC determines that the bidder is
not acting in good faith in the timely and accurate submission of these forms, the
bid may be determined non-responsive and rejected.
NOTE: No extensions of time to submit the forms are permitted except as
specifically approved in advance by HRC.
1. HRC Form 3: DBE Ordinance Compliance Declaration: The bidder shall sign the
DBE Ordinance Compliance Declaration under penalty of perjury.
2. HRC Form 4: Joint Venture Participation Schedule: Form 4 shall be completed
and submitted to the HRC office by the apparent low bidder if it is claiming a
bid discount based on DBE participation in a joint venture. Documentation
relating to this form cannot be submitted after the deadline unless such
documentation is requested by the HRC. The Joint Venture Participation
Schedule is not applicable to projects over $10 million. In order to be eligible
for a bid discount each joint venture partner must have, at the time of
submission of bids, an appropriate valid contractor license as required in the
contract documents.
3. HRC Form 5: Employment Information: A completed copy of Form 5 with the
last 4 quarters of the payroll tax records shall be submitted to the HRC office
by the apparent low bidder for itself (including one form for each joint venture
partner), and for each listed subcontractor whose contract amount is $50,000
or more. The apparent low bidder shall complete Sections I and II of Form 5
for the entire workforce in the offices that will be performing this contract.
Subcontractors are required to sign Form 5 under penalty of perjury.
4. HRC Form 6: Affidavit - Declaration of DBE Subcontractor Participation:
Completed copies of Form 6 and subcontractors’ bid quotations must be
submitted from its DBE subcontractors, suppliers and truckers listed to meet
the subcontracting goal, regardless of whether the participation is as a first-
v 09-02-04 Page 3 of 19
CITY AND COUNTY OF SAN FRANCISCO HRC ATTACHMENT 1
HUMAN RIGHTS COMMISSION Requirements for Construction Contracts
tier, or lower-tier subcontractor, supplier or trucker. Subcontractors are
required to sign this form under penalty of perjury. The subcontractors must
submit this form to the apparent low bidder who shall submit them to the
appropriate HRC officer.
5. HRC Form 6A: DBE Trucking: Bidder shall submit Form 6A if truckers are being
used to meet DBE goal.
1.03 CONTRACT FORMS
A. Workforce Information Report and Certified Payroll: Contractor shall submit
monthly reports on the workforce, hiring, terminations and apprenticeship
opportunities for local minorities and women on the Certified Payroll and
Workforce Information Report to the HRC and the contract awarding authority with
contractor's monthly progress payment applications. The report must be
completed by contractor and by each subcontractor with a contract of $50,000 or
more.
B. HRC Form 7: Contractor/Joint Venture Partner and Subcontractor Participation
Report: Form 7 shall be completed by the prime contractor or joint venture, if
applicable, and submitted to the HRC and the contract awarding authority with
contractor’s monthly progress payment applications. Contractors must provide
complete information and documentation indicated on HRC Form 7 Part 2 for the
immediately preceding period for all DBE joint venture partners and
subcontractors, including lower tier DBE subcontractors, suppliers, and truckers
that are utilized on the contract.
C. HRC Form 8: Contractor Exit Report and Affidavit: Form 8 shall be completed by
the contractor or joint venture, if applicable, and submitted to the HRC and the
contract awarding authority with contractor’s final progress payment application.
Contractor must provide complete and accurate information on HRC Form 8 Part 2
and have it executed by all DBE joint venture partners and subcontractors,
including lower tier DBE subcontractors, suppliers and truckers.
D. HRC Form 9: Subcontractor Payment Affidavit: Form 9 shall be completed by the
prime contractor or joint venture and submitted to HRC and the contract awarding
authority within 10 working days following receipt of each progress payment from
the City.
E. HRC Form 10: Contract Amendment, Modification, Supplement or Changer Orders:
Form 10 shall be completed by the contractor when processing the first contract
amendment, modification, supplement or change order that cumulatively increases
the original contract amount by more than 20%, and then for all subsequent
modifications. This provision applies only to contracts originally valued at $50,000
or more.
F. Failure to submit any contract forms may result in sanctions under Chapter14A,
including, but no limited to, withholding of progress and final payments.
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HRC ATTACHMENT 1 CITY AND COUNTY OF SAN FRANCISCO
Requirements for Construction Contracts HUMAN RIGHTS COMMISSION
1.04 DEFINITIONS
A. "Gross Receipts Limitations":
1. To qualify as a DBE, the firm's average gross receipts in the last three fiscal years
immediately preceding its application for certification must not exceed the
following:
CONSTRUCTION PRIME CONTRACTORS ....................................... $14 million
SPECIALTY CONSTRUCTION CONTRACTORS ................................. $ 7 million
GOODS, MATERIALS & EQUIPMENT SUPPLIERS .............................. $ 7 million
GENERAL SERVICES (includes Security Services) ........................... $ 7 million
PROFESSIONAL SERVICES and ARCHITECTURE & ENGINEERING ........ $ 2.5 million
TRUCKING ........................................................................ $ 3.5 million
TELECOMMUNICATIONS .......................................................... $ 5 million
Any business under common ownership, in whole or in part, with any other business(s)
shall meet the gross receipts limitations only if the aggregate gross annual receipts of
all of the businesses under such common ownership do not exceed the limits specified
in this section. All businesses owned by married spouses or domestic partners shall be
considered under common ownership unless the businesses are in unrelated industries
and no community property or other jointly owned assets were used to establish or are
used to operate either business.
B. "Good Faith Efforts” when required of a prime contractor shall mean the steps
undertaken to comply with the goal and requirements imposed by the City for
participation by DBEs as subcontractors, and shall include the following:
1. Attending any pre-bid meetings scheduled by the City to inform all bidders of the
DBE program requirements for the project.
2. Identifying and selecting specific items of the project to be performed by DBEs to
provide an opportunity for participation by those enterprises.
3. Advertising, not less than 10 calendar days before the due date of the proposal, in
one or more daily or weekly newspapers, trade association publications, DBE trade
oriented publications, trade journals, or other media, such as the Daily Pacific
Builder, Daily Construction Service, Bid and Opportunities Newsletter published by
the San Francisco Purchaser’s Office, and posting the contracting opportunity on
the Office of Contract Administration’s website pursuant to Section 14A.8(C) and
notify DBEs who are available to perform the project. This paragraph applies only
if the City gave public notice of the project not less than 15 calendar days prior to
the proposal due date.
4. Obtaining from the HRC a list or source of lists of enterprises, which are certified
by the HRC as DBEs and utilizing such HRC list as described below, not less than 15
calendar days prior to the opening of the bids. For each specific item (by trade)
identified pursuant to subparagraph 1.04.B.2, providing written notice of interest
in bidding on the contract to the following number of certified DBEs for each
identified item (by trade) not less than 10 calendar days prior to the opening of
v 09-02-04 Page 5 of 19
CITY AND COUNTY OF SAN FRANCISCO HRC ATTACHMENT 1
HUMAN RIGHTS COMMISSION Requirements for Construction Contracts
bids. The number of firms to be notified, documented, and submitted shall be
determined as follows:
a) If the HRC list identifies 1-25 available DBEs for the identified item (by trade),
the bidder shall notify all of them.
b) If the HRC list identifies 26-50 DBEs for the identified item (by trade), the
bidder shall notify 75% of the identified firms.
c) If the HRC list identifies 51-75 DBEs for the identified item (by trade), the
bidder shall notify 50% of the identified firms.
d) If the HRC list identifies 76-100 DBEs for the identified item (by trade), the
bidder shall notify 30% of the identified firms.
e) If the HRC list identifies 101 or more DBEs for the identified item (by trade),
the bidder shall notify 25% of identified firms.
5. Following up initial solicitations of interest by contacting all of the enterprises to
determine with certainty whether the enterprises were interested in performing
specific tasks on the project.
6. Providing interested disadvantaged business enterprises with information about the
scope of work for the selected subcontracting work.
7. Negotiating in good faith with the disadvantaged business enterprises, and not
unjustifiably rejecting as unsatisfactory, proposals prepared by DBEs.
8. Where applicable, advising and making efforts to assist interested DBEs in
obtaining professional liability insurance required by the City or the prime
consultant.
9. Making efforts to obtain DBE participation that the City could reasonably expect
would produce a level of participation sufficient to meet the City's goal and
requirements.
1.05 NONCOMPLIANCE AND SANCTIONS
A. Non-Compliance with Chapter 14A:
1. A complaint of discrimination or non-compliance concerning DBE participation
initiated by any party after contract award will be processed in accordance
with Chapter 14A of the San Francisco Administrative Code and its
implementing rules and regulations.
a. If the HRC Director determines that there is cause to believe that a
contractor has failed to comply with any of the requirements of the 14A
Ordinance, HRC rules and regulations, or contract provisions pertaining to
DBE participation, the HRC Director shall notify the contract awarding
authority and attempt to resolve the non-compliance through conference
and conciliation.
Page 6 of 19 v 09-02-04
HRC ATTACHMENT 1 CITY AND COUNTY OF SAN FRANCISCO
Requirements for Construction Contracts HUMAN RIGHTS COMMISSION
b. If the non-compliance is not resolved through conference and conciliation,
the HRC Director shall conduct an investigation and, where the Director so
finds, issue a written Finding of Non-compliance.
c. The Director’s finding shall indicate whether the contractor acted in good
faith or whether noncompliance was based on willful or bad faith
noncompliance with the requirements of the 14A ordinance, HRC rules and
regulations, or contract provisions pertaining to DBE participation.
2. Where the Director finds that the contractor acted in good faith, after
affording the contractor notice and an opportunity to be heard, the Director
shall recommend that the contract awarding authority take appropriate action.
Where the Director finds willful or bad faith noncompliance, the Director shall
impose sanctions for each violation of the ordinance, HRC rules and
regulations, or contract provisions pertaining to DBE participation, which may
include:
a. If contractor or subcontractor is a DBE, revoking that business' DBE
certification.
b. Declaring contractor or subcontractor to be in willful noncompliance with
Chapter 14A and disqualifying contractor or subcontractor from eligibility
for providing goods or services to the City and County for a period of up to
five years, with a right to review and reconsideration by the HRC after two
years upon a showing of corrective action indicating violations are not likely
to recur.
c. Determining that contractor or subcontractor has willfully failed to comply
with the provisions of Chapter 14A and imposing as liquidated damages the
greater of:
i) An amount equal to contractor's or subcontractor’s net profit on the
contract.
ii) Ten percent (10%) of the total amount of the contract.
iii) One thousand dollars ($1,000).
3. The bidder, contractor or subcontractor may appeal the HRC Director's
determination and/or imposition of sanctions to the HRC. The Commission may
sustain, reverse or modify the HRC Director's findings and sanctions imposed, or
take such other action as will effectuate the purpose of Chapter 14A.
4. An appeal by contractor or subcontractor to the HRC shall not stay the
Director's findings.
5. The Director may require such reports, information & documentation from
bidders, contractors, subcontractors, contract awarding authorities & heads of
departments, divisions, and offices of the City & County as are reasonably
necessary to determine compliance with the requirements of Chapter 14A.
B. Procedure for the Collection of Penalties is as follows:
1. The HRC Director shall send a written notice to the Controller, the Mayor and
to all contract awarding authorities of City and County department officials
overseeing any contract with the contractor or subcontractor that a
v 09-02-04 Page 7 of 19
CITY AND COUNTY OF SAN FRANCISCO HRC ATTACHMENT 1
HUMAN RIGHTS COMMISSION Requirements for Construction Contracts
determination of bad faith willful non-compliance has been made and that all
payments due to the contractor or subcontractor shall be withheld as agreed to
by contractor or subcontractor and the City and County, or as provided for in
contracts between the parties.
2. The HRC Director shall transmit a report to the Controller and other applicable
City departments to ensure that the liquidated damages are paid to the City by
contractor or subcontractor.
PART II. BID DISCOUNT
2.01 Application
A. Wherever the bidder claiming the discount is listed in the HRC Directory: For
contracts in the amount of $10,000 - $49,999, the contract awarding authority
shall directly apply the bid discount. For contracts of $50,000 or more, the bid
discount application shall be forwarded to HRC for review and approval.
B. Wherever the bidder claiming a discount is not listed in the HRC Directory, the
contract awarding authority shall forward the Bid discount application form to the
HRC for its approval before granting any bid discount.
C. All joint ventures claiming a bid discount must be sent to HRC for review even if
the parties to the joint venture are already certified. HRC will review the DBE
certification status of all JV bidders requesting the bid discount and DBE
participation in joint ventures and subsequently will inform the contract awarding
authority whether the JV bidders are eligible to receive the bid discount.
D. Application of the bid discount shall be as follows:
1. 10% for an HRC certified DBE.
2. 10% for a joint venture which is composed of only DBEs
3. 5% for a joint venture which includes at least 35% (but less than 40%)
participation by certified DBEs.
4. A maximum of 7.5% for a joint venture which includes at least 40% participation
by certified DBEs.
5. The bid discount will be applied by subtracting 5 %, 7.5% or 10% of the total bid
price from the bid of each eligible bidder for the purposes of determining the
low bid.
E. Discount not applicable:
1. Non-profit agencies are not eligible for bid discounts.
2. Bid discounts are not applicable to contracts awarded by private non-profit
agencies, regardless of whether or not government funding is involved, or
whether or not the firms competing for contracts are for-profit businesses.
2.02 JOINT VENTURE/PRIME ASSOCIATION
A. To qualify for a bid discount based on a joint venture with a DBE; each joint
venture DBE partner must possess sufficient skill, experience, and financial
Page 8 of 19 v 09-02-04
HRC ATTACHMENT 1 CITY AND COUNTY OF SAN FRANCISCO
Requirements for Construction Contracts HUMAN RIGHTS COMMISSION
capacity to perform the portion of the work identified for the DBE. Each partner
must also possess the general contractor license as specified by the awarding
authority in the Invitation to Bid. In the event that the project involves only one
trade, each of the joint venture partners must possess the required specialty
contractor license for that trade on the date of bid submittal. The contractor
license for the JV as a separate business entity must be in place prior to the award
of the contract. The joint venture partners will be jointly responsible for the
overall project management, control, and compliance with 14A requirements.
B. The DBE joint venture partner must be responsible for a clearly defined portion of
the work that is to be performed by the JV partnership under the control of the
joint venture partner. The portion of work to be performed by the DBE JV Partner
(Contract bid items) must be identified on Section 2 of the Joint Venture
Participation Schedule (HRC Form 4) separately from the work to be performed by
the non-DBE joint venture Partner.
1. The DBE JV partner's work must consist of commercially significant activities
and be assigned a dollar value commensurate to the activities to be performed.
2. The DBE JV partner must share in ownership, control, management and
administrative responsibilities, risks and profit of the JV in direct proportion to
its stated level of participation.
3. The DBE JV partner must perform work that is commensurate with its
experience.
4. The DBE JV partner must utilize its own equipment and personnel to perform
its portion of the work.
5. Each JV partner must submit its individual certified payroll records. “Joint
Venture certified payroll records” are not acceptable.
6. The DBE JV partner must perform the amount of direct project labor site work
indicated in the JV's bid and supporting documents.
7. Note that certain items of manufactured equipment may be identified in the
Instructions for Bidders that will not be counted towards meeting the specified
level of DBE joint venture participation
C. The DBE participation in a joint venture shall be calculated based on the
percentage of the work to be performed by the JV partners themselves (rather
than as a percentage of the total bid) in order to determine eligibility for the
discount. However, the work performed by the JV must be valued at no less than
twenty-five percent (25%) of the total bid, excluding manufactured items,
deletable bid items and allowances, to be eligible for the bid discount.
D. The HRC will allocate the costs of the JV according to the bid items to be
performed by each of the JV partners as follows:
1. Allocation of bid items between the JV partners: The bid items to be
performed by DBE joint venture partners must be identified separately and all
bid items must be accounted for, including subcontractors work. Lump sum
joint ventures must also be broken down into clearly defined scopes of work.
After the tasks are identified, the dollar value of these tasks are totaled:
v 09-02-04 Page 9 of 19
CITY AND COUNTY OF SAN FRANCISCO HRC ATTACHMENT 1
HUMAN RIGHTS COMMISSION Requirements for Construction Contracts
EXAMPLE:
Partner A: Partner B:
Non- DBE DBE
Bid Item 2 Concrete $ 50,000 -
Bid Item 5 Demolition - $ 50,000
Bid Item 6 Paving - $ 50,000
Bid Item 7 Mechanical $100,000 - -
Total $150,000 $100,000
2. Value of work to be performed by the JV: Calculate the value of work to be
performed by the JV by subtracting the amount of work to be performed by
subcontractors from the base bid, plus selected alternates.
EXAMPLE:
Base bid + selected alternates $1,000,000
Subcontractors $ 750,000
Value of work to be performed by JV =$ 250,000
3. Dollar value of DBE participation: To calculate whether the DBE participation
in the JV is sufficient to give the joint venture a 5% or 7.5% bid discount, the
total value of DBE participation in the JV is calculated as a percentage of the
value of work to be performed by the JV.
EXAMPLE:
$ value of base bid $1,000,000
$ value of work to be performed by JV $ 250,000
(must be at least 25% of base bid)
$ value of DBE participation in the JV $ 100,000
% DBE participation for the bid discount = 40%
($100,000 is 40% of the $250,000 of work to be performed by the JV)
PART III. DBE SUBCONTRACTOR PARTICIPATION
3.01 DBE SUBCONTRACTOR GOAL
A. All bidders must meet the goal or demonstrate good faith efforts. The HRC set a
DBE goal for participation in the contract of DBE subcontractors.
Bids not meeting the goal for DBE subcontractor participation may be declared
non-responsive and rejected, unless the bidder demonstrates good faith efforts to
comply with the goal. Good faith efforts will be evaluated based on information
submitted on HRC Form 2B and the completion and submittal of the required good
faith effort compelling documentation.
Bidders shall submit the following with their bids:
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HRC ATTACHMENT 1 CITY AND COUNTY OF SAN FRANCISCO
Requirements for Construction Contracts HUMAN RIGHTS COMMISSION
1. Documentation on HRC Form 2B of their good faith efforts as defined in
subparagraph 1.04B to utilize HRC certified DBE subcontractors;
2. Identification on HRC Form 2A of the particular DBE subcontractors to be
utilized in performing the contract, including first and lower tier
subcontractors, suppliers, or service contractors such as truckers and specifying
for each the dollar amount of each subcontract and portion of work to be
performed.
B. Calculation of DBE subcontractor participation: The HRC will calculate the
participation of the DBE subcontractor toward meeting the specified goal as
follows:
NOTE: It is the responsibility of the bidder to verify the DBE status of the
subcontractor and present evidence regarding what portion of subcontractor’s
bid is eligible for credit towards DBE subcontractor participation goal.
1. An DBE bidder must comply with DBE subcontracting goal.
2. An DBE bidder, bidding as a joint venture with a non- DBE bidder, must comply
with DBE subcontractor participation goal.
3. If the DBE subcontractor forms a joint venture with a non- DBE subcontractor,
the DBE joint venture partner will be credited only for its portion of the work,
as follows:
EXAMPLE:
If the total subcontract amount = $ 1,000,000 of which
$510,000 is the DBE subcontract amount and 490,000 is the non-DBE
subcontract amount, then $510,000 is credited toward the DBE goal.
All work done by lower-tier DBE subcontractors will be credited toward
meeting the DBE goal.
EXAMPLE:
If total subcontract amount = $1,000,000, of which
$200,000 is the lower-tier DBE subcontractor’s portion,
then $200,000 is credited toward DBE goal.
A bidder shall not use deletable bid items and allowances to fulfill DBE
subcontractor participation goal or joint venture participation goal. However,
compliance with the subcontracting goal will be calculated based on the total
amount of the base bid (including non-deletable bid items, deletable bid items,
allowances and all other items that contribute to the base bid amount)
submitted by the bidder.
Compliance with the goal is determined on the amount of the base bid only
(even if alternates are selected). Prime contractors must demonstrate good
faith efforts to meet the subcontracting goal through DBE participation on the
base bid.
However, listed DBE subcontractor participation on alternates selected by the
City may be credited towards the DBE subcontracting participation goal on the
base bid. Complete the attached Form 2A-A (for alternates only) to provide a
separate list of DBEs that you will use for the alternate work, specifying the
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HUMAN RIGHTS COMMISSION Requirements for Construction Contracts
alternate and the dollar amount of the DBE participation on that alternate.
DBEs that are listed on the base bid should be listed again for each alternate
for which they will be utilized.
In the event that the alternate(s) on which DBEs have been listed on HRC Form
2A-A are not selected by the City, and the bidder has failed to make good faith
efforts to meet the DBE goal on the base bid, then the bid may be determined
non-responsive and rejected.
4. If a bidder owns or controls more than one business that is HRC certified as
DBE, when bidding as a prime, the bidder will not receive credit if it lists its
other firm(s) to meet the DBE subcontractor goal. For the purposes of this
subparagraph only, in determining ownership of a business, a business owned
by bidder’s spouse shall be deemed to be owned by bidder.
5. A bidder will receive credit if listing a DBE only if the DBE is to be utilized in
the trade(s) for which it is certified by HRC.
6 The work or product provided by the DBE subcontractor must be the same or
similar type of work performed or product supplied by the DBE in the normal
course of its business.
7. Where there are DBEs available for doing portions of the work normally
performed by the bidder with its own staff, the bidder will be expected to
make good faith efforts to make portions of such work available for DBEs.
8. The DBE subcontractor must be utilized on the contract to perform a
commercially useful function. Credit toward meeting the DBE goal will be
given only when the participation of the DBE involves manufacturing, supplying
or installing equipment and materials or performing work specifically required
by the contract documents. No credit will be given for a DBE that serves as a
mere conduit or pass-through function.
9. DBE suppliers will be given a 60% credit for the purchase order if the firm takes
possession of the product and assumes risk of its delivery. Otherwise, if the
DBE supplier is used as a broker or an agent, only the amount of the
commission or 5% of the purchase price, whichever is greater, will be credited
toward the DBE subcontractor participation goal. Suppliers of products that
are not generally distributed through suppliers will not be counted in
calculating DBE subcontractor participation. DBE equipment rental firms will be
given a 60% credit for the rental fee (current market rate) of equipment owned
by DBE equipment rental company.
10. When the City requires and seeks specialty products made to order for the City
or otherwise seeks products which, by industry practice, are not regularly
stocked in warehouse inventory but instead are purchased directly from the
manufacturer, the value of the “commercially useful function” provided by a
supplier or distributor shall be valued at no more than five percent of the cost
of the product. When the City requires and seeks products which are, by
industry practice, stocked in warehouse inventory and are in fact, regularly
stocked by the listed supplier or distributor, the value of the “commercially
useful function” provided by the supplier or distributor shall not exceed sixty
percent of the cost of the product. If the listed supplier or distributor does not
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HRC ATTACHMENT 1 CITY AND COUNTY OF SAN FRANCISCO
Requirements for Construction Contracts HUMAN RIGHTS COMMISSION
regularly stock the required product, the value of the “commercially useful
function” provided by the supplier or distributor shall be valued at no more
than five percent of the cost of the product.
11. DBE manufacturers will be credited the entire amount of a purchase order
regardless of who does the installation.
12. Certain items of manufactured equipment may be identified in the Instructions
for Bidders for which subcontractor participation will only be counted towards
meeting the specified DBE subcontracting participation goal if the item(s) are
purchased from a DBE manufacturer or supplier identified by the bidder on HRC
Form 2A. These identified items are removed from the availability calculation
in setting the goal.
EXAMPLE:
a. A pump is identified in the Instructions to Bidders as being excluded from
meeting the specified goal unless purchased from an HRC certified DBE
manufacturer or supplier. A DBE subcontractor purchases the pump from
the manufacturer, who IS NOT certified as a DBE, and installs the pump.
The portion of the DBE’s subcontract that is the purchase value of the pump
does not count towards meeting DBE subcontractor participation goal.
b. A pump is identified in the Instructions to Bidders as being excluded from
being counted from meeting the specified goal unless purchased from an
HRC certified DBE manufacturer or supplier. A DBE subcontractor purchases
the pump from a manufacturer, who IS certified as a DBE, and installs the
pump. The portion of the DBE’s subcontract that is the value of the
purchase of the pump may count towards meeting the DBE subcontractor
participation goal if the DBE manufacturer is identified on HRC Form 2A.
The remaining portion of the DBE subcontract other than the price of the
pump may also count towards meeting the DBE subcontractor participation
goal. A DBE subcontractor who purchases the pump from a supplier, who is
certified to supply the pump, will receive a credit of 60% of the purchase
price.
13. Any DBE subcontractor with a B License listed as a subcontractor must comply
with State subcontracting requirements.
14. A DBE prime bidder cannot count itself to meet the DBE subcontracting goal.
3.02 Substitution, removal or contract modification of DBE: No DBE subcontractor,
supplier, trucker or other business listed on HRC Form 2A (DBE Subcontractor
Participation) shall be substituted, removed from the contract or have its contract,
purchase order or other form of agreement modified in any way without prior HRC
approval.
PART IV. EMPLOYMENT & NON-DISCRIMINATION REQUIREMENTS
4.01 GENERAL
The provisions of this Part shall constitute contractor’s and subcontractors’
employment/nondiscrimination requirements as defined by Chapter 6 and Chapter 12B
of the Administrative Code as a condition of contract award.
v 09-02-04 Page 13 of 19
CITY AND COUNTY OF SAN FRANCISCO HRC ATTACHMENT 1
HUMAN RIGHTS COMMISSION Requirements for Construction Contracts
4.02 NONDISCRIMINATION PROVISIONS
A. Prior to the award of the contract, contractor shall agree in its bid that it does
not, and will not, during the time of the contract or any contract modification,
discriminate in the provision of benefits between its employees with spouses and
its employees with domestic partners.
B. Contractor in its bid on this contract shall agree that it will not discriminate
against any employee or applicant for employment because of race, color, religion,
ancestry, national origin, age, sex, height, weight, sexual orientation, gender
identity, domestic partner status, marital status, disability or AIDS/HIV status.
This includes employment, upgrading, demotion, transfer, recruitment advertising
or recruitment, layoff or termination, rates of pay or other forms of compensation,
and selection for training including apprenticeship. Contracts shall place the same
requirements in its subcontracts.
C. Contractor and its subcontractors shall send to each labor union with which they
have a collective bargaining agreement a notice advising the union of their
commitment under Article 3.02 and shall post copies of this notice in conspicuous
places available to employees and applicants for employment. An HRC poster is
available for this purpose and can be obtained from the HRC office (refer to page
1).
D. Prior to the award of the contract, contractor and its subcontractor shall agree
that they will comply fully with the non-discrimination in employment provisions of
Chapter 12B.
4.03 EMPLOYMENT NON-DISCRIMINATION PROVISIONS
A. The apparent low bidder and each of its subcontractors with a listed subcontract
that equals or exceeds $50,000 shall submit HRC Form 5. This form shows the
estimated participation rate of minorities and women on the city contract in each
trade, sales, service or administrative job category.
B. The apparent low bidder is required to show on HRC Form 5 the estimated number
of hours to be worked in each trade on the contract as reflected in its bid
proposal. The bidder is further required to estimate the number of hours to be
worked by minorities and women in each trade in order to meet HRC's employment
goals listed below in Paragraph 4.03.H.
C. Contractor shall inform the HRC contract compliance staff of any subcontractor
who is replaced during performance of the contract. All replacement
subcontractors must submit HRC Form 5 within 15 days of award of the
subcontract.
D. The bidder and its subcontractors must be in good faith compliance with the
provisions of Chapter 12B and Chapter 12D.A. or Chapter 14A. as applicable, on all
existing City contracts prior to award of this contract. This provision is pursuant to
Chapter 6.5 of the San Francisco Administrative Code.
1. Prior to the award of any City contract, the HRC shall review the contract to
ensure compliance with Chapter 12B.
Page 14 of 19 v 09-02-04
HRC ATTACHMENT 1 CITY AND COUNTY OF SAN FRANCISCO
Requirements for Construction Contracts HUMAN RIGHTS COMMISSION
2. If the HRC determines that there is cause to believe that a bidder or proposed
subcontractor does not comply with Chapter 12B, the HRC shall notify the
contract awarding authority and attempt to resolve the non-compliance
through conciliation.
3. If the non-compliance cannot be resolved, the HRC shall submit to the bidder
or subcontractor and the contract awarding authority a written Finding of Non-
compliance.
4. The HRC shall give the bidder or subcontractor an opportunity to appeal the
Finding.
5. The HRC may stay the award of any contract that is the subject of an
investigation by written notice to the contract awarding agency.
E. If the bidder or any of its subcontractors submits an HRC Form 5 indicating that the
bidder or any of its subcontractors will be unable to meet the HRC employment
goals for minorities and/or women on this contract, then the bidder will be
required to make the following additional good faith efforts prior to award of the
contract:
1. Documentation of timely requests to appropriate local, community employment
outreach groups for assistance in meeting the project goals. This will include
the timely submission of hiring needs on a trade-by-trade basis throughout the
project (only where applicable under union rules).
2. Documentation of placement of timely advertisements in minority-focus and/or
women interest media seeking applicants for the project (only where
applicable under union rules).
3. Documentation of written notification to all applicable unions of the
employment goals and a request for assistance and cooperation.
4. Documentation of management meetings at which the importance of complying
with all affirmative action provisions was stressed and the line of responsibility
for compliance clearly defined within the company.
5. Submission of the HRC Workforce Form on a weekly rather than a monthly basis
as specified in subparagraph 1.03A above.
6. Attendance at HRC compliance meetings. This must include attendance by a
duly authorized company representative with the authority to commit the
organization. Contractor is responsible for notifying and requiring attendance
of its subcontractors and suppliers at such meetings.
7. Maintaining a current file of the names, addresses, and telephone numbers of
each off-the-street minority or woman applicant and each minority or woman
referral from a union, recruitment source or outreach group and of what action
was taken with respect to each such individual. If any female or minority
applicant is rejected for employment, a complete and thorough explanation of
the reason or reasons for such rejection must be provided.
F. The determination of whether or not the bidder has submitted sufficient
documentation as required above, is acting in good faith and is eligible for
contract award shall be made by the HRC Director prior to award of the contract.
v 09-02-04 Page 15 of 19
CITY AND COUNTY OF SAN FRANCISCO HRC ATTACHMENT 1
HUMAN RIGHTS COMMISSION Requirements for Construction Contracts
The Director's decision shall be final. The contract cannot be awarded until the
HRC Director informs the awarding department that the bidder is eligible for
contract award.
G. Contractor and any of its subcontractors that fail to make every good faith effort
to meet their employment goals for minorities and/or women during the term of
the contract will also be required to make the above good faith efforts.
H. Employment Goals for Minorities and Women: Contractor is reasonably expected
to achieve the following hourly goals for minority and female utilization.
These goals will be applied to:
1. The workforce at the job site of contractor and each of its subcontractors.
2. The total administrative staff employed by contractor and each of its
subcontractors.
I. Work force hours for women craft workers on the contract will be reported toward
the work force goal for women regardless of ethnicity.
J. Reporting the work force hours for women and the same hours for minorities will
be considered as double counting of work force hours and will not be allowed.
NOTE:
• The basis used in the establishment of minority employment goals for all listed
trades is from the 1990 Census/EEO Special File on Construction occupations
for the City and County of San Francisco.
• Exceptions to these goals must be approved by HRC in writing.
• Minority and women employment goals for trades not listed above will be
negotiated on a case-by-case basis.
• Jobs with very few workers in each trade will be required to meet the goals in
half of the trades. This will be evaluated on a case-by-case basis by the HRC
staff prior to contract award.
Page 16 of 19 v 09-02-04
HRC ATTACHMENT 1 CITY AND COUNTY OF SAN FRANCISCO
Requirements for Construction Contracts HUMAN RIGHTS COMMISSION
TRADE MINORITIES WOMEN
Boilermaker 44.0%
Bricklayers/Stone Masons 27.4%
Carpenters 33.8%
Carpet/Soft Title Workers 56.4%
Cement Masons 61.9%
Construction Teamsters 46.1%
Drywall Installers 48.4%
Electrical Workers 46.4%
Elevator Constructors 46.7%
Glaziers 50.0%
Hod Carriers 50.0%
Iron Workers, Re-Bar & Structural 46.0%
Laborers 61.9% All Trades
Listed
Lathers 36.6% 10%
Millwright 25.0%
Operating Engineers 61.7%
Painters/Tapers 47.0%
Pile Drivers 33.8%
Plasterers 47.7%
Plumbers/Steam Fitters 48.1%
Roofers 56.7%
Sheet Metal Workers 41.2%
Sprinkler Fitters 48.1%
Terrazzo Mechanics 61.9%
Tile Setter 56.3%
Apprentices (all trades) 50.0%
K. Whenever possible, contractor and its subcontractors shall take affirmative action
to employ persons from each ethnic group, both male and female, and to employ
minority women among the women employed. Consequently, contractor or its
subcontractors may be in violation of Chapter 12B if a particular ethnic group is
employed in a substantially disparate manner.
L. Neither the provision of a collective bargaining agreement nor the failure of a
union with whom contractor has a collective bargaining agreement to refer either
minority group persons or women shall excuse contractors’ or its subcontractors’
obligations under these provisions.
v 09-02-04 Page 17 of 19
CITY AND COUNTY OF SAN FRANCISCO HRC ATTACHMENT 1
HUMAN RIGHTS COMMISSION Requirements for Construction Contracts
M. Contractor and its subcontractors shall ensure that all forepersons,
superintendents and other on-site supervisory personnel maintain a working
environment free of harassment, intimidation, and coercion, with specific
attention given to minority employees and women. In this regard, contractor,
whenever possible, will assign two or more women to a job site.
N. Contractor and its subcontractors shall ensure that all facilities and company
activities are non-segregated except that separate or single-user toilet and
changing facilities shall be provided to accommodate all workers.
O. Contractor will utilize the HRC designated outreach groups that recruit minorities
and women for apprenticeship training as its recruiting source for apprentices on
this job to the fullest extent permitted by any collective bargaining agreement or
other contract or understanding to which contractor is a party, and will so notify
every Joint Apprenticeship Committee (JAC) covering its workforce.
P. Contractor agrees that the ratio of apprentices to journeypersons employed by
contractor on this job will comply with the ratio required on public works projects
by California Labor Code section 1777.5.
Q. An authorized representative of contractor, its subcontractors and suppliers will
actively participate in periodic compliance review meetings with a representative
of the HRC to review progress and problems concerning the implementation of
these requirements. The authorized representative of the company in attendance
must have authority to commit the organization. Contractor shall be responsible
to notify and to require the attendance of its subcontractors at such meetings.
R. On the request of the HRC, contractor and its subcontractors shall permit access to
all records that may be pertinent to minority and female workforce participation
on the contract. Such information will be safeguarded.
S. Non-Compliance and Sanctions:
1. A complaint of discrimination or non-compliance in employment initiated by
any party after contract award will be processed in accordance with the HRC
Rules of Procedures, adopted pursuant to Chapter 12B of the San Francisco
Administrative Code.
2. A finding of non-compliance may result in imposition of financial penalties and
debarment from City contracting.
4.04 LOCAL HIRING REQUIREMENT
A. Pursuant to San Francisco Ordinance No. 134-03 (5/14/03), contractor promises to
make good faith efforts, with the assistance of community based organizations
designated by the City or local labor union hiring halls, to hire qualified
disadvantaged residents of the City and County of San Francisco to comprise no
less than 50% of contractor’s total construction work force, measured in labor
force work hours.
1. Contractor shall keep, and provide to the City, an accurate record showing the
name, place of residence, hours employed and per diem pay of each person
employed by contractor, including full-time, part-time, permanent and
temporary employees.
Page 18 of 19 v 09-02-04
HRC ATTACHMENT 1 CITY AND COUNTY OF SAN FRANCISCO
Requirements for Construction Contracts HUMAN RIGHTS COMMISSION
2. Contractor shall keep, and provide to the City, an accurate record describing in
detail contractor’s good-faith efforts to secure employment of residents of the
City and County of San Francisco.
3. Failure to abide by these contract provisions may result in the imposition of
sanctions and penalties, including those enumerated in the San Francisco
Administrative Code sections 6.58 and 6.60.
4. The HRC will monitor and enforce the provisions of said ordinance which are
applicable to this contract.
B. Definitions:
1. “Qualified individual” shall mean an individual who:
a. is eligible for certified apprenticeship program in an applicable trade,
b. has completed certified apprenticeship program in an applicable trade, or
c. has completed comparable time in an applicable trade.
2. “Resident of the City and County of San Francisco” shall mean an individual
who is domiciled, as defined by section 200(b) of the California Election Code
within the boundaries of the City and County during the entire time of the
performance of the contract and who can verify his or her domicile, upon
request of contractor or the City, by producing documentation such as:
a. A rent/lease agreement.
b. Telephone and utility bills or payment receipts.
c. A valid California driver’s license or identification card.
d. Any other similar reliable evidence that verifies that the individual is
domiciled within the City and County of San Francisco.
3. “Disadvantaged individual” shall mean an individual who has been unable to
secure employment in his or her trade for more than 20 working days in the
past six months, or whose annual maximum income falls within the income
limits established by the Mayor’s Office of Community Development Block
Grant programs.
v 09-02-04 Page 19 of 19
CITY AND COUNTY OF SAN FRANCISCO HRC ATTACHMENT 1: FORMS
HUMAN RIGHTS COMMISSION Construction Contracts
HRC FORM 1
DBE BID DISCOUNT APPLICATION
(This form must be submitted even if a bid discount is not requested.)
This form is to be completed and returned with your Bid. If you fail to do so, you may be denied a Bid discount on this contract.
The determination will be made by the HRC Director.
If you claim a discount, sign Item 7 below.
For contracts over $10 million, please complete HRC Form 1 for informational purposes only.
1. Prime Contractor or Majority Joint Venture Partner:
Name:
Address:
City: State: Zip:
Phone: email address:
2. Category Claimed: (check all boxes applicable)
HRC DBE
JV 5% (Joint Ventures Must Complete Reverse Side)
JV 7.5% (Joint Ventures Must Complete Reverse Side)
JV 10% (Joint Ventures Must Complete Reverse Side)
No Bid discount requested
3.Vendor Identification Number (if known):
4. Are you currently certified with the Human Rights Commission? Yes No
If yes, please attach HRC certification letter.
5. Department to Which Bid Submitted:
6. Contract Number:
Contract Name:
7. Signature of Owner or authorized representative:
8. Print name of Owner or authorized representative:
9. Date:
JOINT VENTURES: PLEASE COMPLETE PAGE 2 OF THIS FORM.
v 09-02-04 HRC Form 1: Page 1 of 2
CITY AND COUNTY OF SAN FRANCISCO HRC ATTACHMENT 1: FORMS
HUMAN RIGHTS COMMISSION Construction Contracts
All joint venture partners must execute this form. Joint venture bid discounts may not be granted unless this portion
is completed. Contract amount, percent of bid amount and portion of work for each joint venture partner must be
filled in.
We declare, under penalty of perjury under the laws of the State of California, that the above information accurately
describes the portions of Work and amounts to be performed by each joint venture partner
as reflected in the Bid Documents for this Contract.
Partner No. 1 Partner No. 2
Firm’s Name:
Address:
City, State & Zip Code:
Phone:
Portion of Work:
JV Partner Contract Amount:
% of Bid Amount for each Partner:
Owner/Authorized Rep (Signature)
Owner/Authorized Rep (Print)
Partner No. 3 Partner No. 4
Firm’s Name:
Address:
City, State & Zip Code:
Phone:
Portion of Work:
JV Partner Contract Amount:
% of Bid Amount for each Partner:
Owner/Authorized Rep (Signature)
Owner/Authorized Rep (Print)
v 09-02-04 HRC Form 1: Page 2 of 2
CITY AND COUNTY OF SAN FRANCISCO HRC ATTACHMENT 1: FORMS
HUMAN RIGHTS COMMISSION Construction Contracts
HRC FORM 2A
DBE SUBCONTRACTOR AND SUPPLIER PARTICIPATION
SECTION 1: DBE SUBCONTRACTOR PARTICIPATION SCHEDULE
This section is to be completed by all bidders. Bidders shall identify below the particular DBE subcontractors to be utilized in
performing the Contract, including first and lower tier subcontractors, suppliers, or service contractors such as truckers and
specifying the dollar value of Work to be performed. However, the DBE Bidder or its joint venture partners shall not be listed on
this form. This form is also to be completed for all contract amendments, modifications, supplements or change orders that exceed
the original contract amount by more than 20%. Shaded areas are for HRC/departmental office use only.
CONTRACT NO: BIDDER (PRIME): GOAL LEVEL:
FAMIS DOC #: BID AMOUNT: $ DBE GOAL:
FAMIS AWARD DATE: CONTRACT NAME :
VENDOR #: CONTACT PERSON:
ADDRESS: OTHER GOAL (specify):
CITY/ZIP:
PHONE:
* Type: Indicate if subcontractor is a first tier (F), lower tier (L), supplier (S) or service contractor (SC, e.g. trucker)
% OF BID AMOUNT
AMOUNT OF SUB-
FOR EACH DBE
CONTRACT
SUBCONTRACTOR PORTION OF WORK
TYPE *
(briefly describe the Work that
SUPPLIER INDICATE DBE (Yes/No)
will be performed by each
SERVICE PROVIDER subcontractor)
$ %
$ %
$ %
$ %
$ %
$ %
$ %
$ %
$ %
$ %
TOTAL CLAIMED DBE PARTICIPATION: $ %
I declare, under penalty of perjury under the laws of the State of California, that I am utilizing the above DBE subcontractors
for the portions of work and amounts of subcontracts as reflected in the Bid Documents for this Contract.
Owner/Authorized Representative (Signature): Date:
Owner/Authorized Representative (Print): Title
v 09-02-04 HRC Form 2A: Page 1 of 2
CITY AND COUNTY OF SAN FRANCISCO HRC ATTACHMENT 1: FORMS
HUMAN RIGHTS COMMISSION Construction Contracts
SECTION 2: CONTRACTOR/VENDOR INFORMATION
Provide information for each firm listed in HRC Form 2A Section 1 (Contractor, its joint venture partners, subcontractors, suppliers,
and truckers). Firms that have previously worked on City contracts may already have a vendor Number. Such firms may enter their
Number instead of completing the rest of the information. Use additional sheets if necessary. Shaded areas are for
HRC/departmental office use only.
FIRM NAME: CONTRACT #:
ADDRESS: VENDOR #:
CITY, ST, ZIP: PHONE: FEDERAL ID #:
SERVICE:
FIRM NAME: CONTRACT #:
ADDRESS: VENDOR #:
CITY, ST, ZIP: PHONE: FEDERAL ID #:
SERVICE:
FIRM NAME: CONTRACT #:
ADDRESS: VENDOR #:
CITY, ST, ZIP: PHONE: FEDERAL ID #:
SERVICE:
FIRM NAME: CONTRACT #:
ADDRESS: VENDOR #:
CITY, ST, ZIP: PHONE: FEDERAL ID #:
SERVICE:
FIRM NAME: CONTRACT #:
ADDRESS: VENDOR #:
CITY, ST, ZIP: PHONE: FEDERAL ID #:
SERVICE:
FIRM NAME: CONTRACT #:
ADDRESS: VENDOR #:
CITY, ST, ZIP: PHONE: FEDERAL ID #:
SERVICE:
FIRM NAME: CONTRACT #:
ADDRESS: VENDOR #:
CITY, ST, ZIP: PHONE: FEDERAL ID #:
SERVICE:
v 09-02-04 HRC Form 2A: Page 2 of 2
CITY AND COUNTY OF SAN FRANCISCO HRC ATTACHMENT 1: FORMS
HUMAN RIGHTS COMMISSION Construction Contracts
HRC FORM 2A-A: CONSTRUCTION ALTERNATES
DBE SUBCONTRACTOR AND SUPPLIER PARTICIPATION
SECTION 1. DBE SUBCONTRACTOR PARTICIPATION SCHEDULE FOR ALTERNATES
Compliance with the goal is determined on the amount of the base bid only (even if alternates are selected), and it is required that
prime contractors make good faith efforts to meet the subcontracting goal through DBE participation on the base bid as listed on
HRC Form 2A.
However, DBE or DBE subcontractor participation listed on HRC Form 2A-A for selected alternates may be credited towards the DBE
subcontracting participation goal. Complete Form 2A-A only if DBEs will be used for the alternate work , including first and lower
tier subcontractors, suppliers, or service contractors such as trucker, specifying the alternate and the dollar amount of the DBE
or DBE participation on that alternate. DBEs that are listed on the base bid should be listed again for each alternate on which they
will be utilized.
DBE Bidder or their joint venture partners shall not be listed on this form. This form is also to be completed for all contract
amendments, modifications, supplements or change orders that exceed the original contract amount by more than 20%.
Shaded areas are for HRC/departmental office use only.
CONTRACT NO: BIDDER (PRIME): GOAL LEVEL:
FAMIS DOC #: BID AMOUNT: $ DBE GOAL:
FAMIS AWARD DATE: CONTRACT NAME :
CONTACT PERSON:
VENDOR #:
ADDRESS: OTHER GOAL (specify):
CITY/ZIP:
PHONE:
* Type: Indicate if subcontractor is a first tier (F), lower tier (L), supplier (S) or service contractor (SC, e.g. trucker)
% OF BID AMOUNT
AMOUNT OF SUB-
FOR EACH DBE
ALTERNATE #
CONTRACT
PORTION OF WORK
TYPE *
SUBCONTRACTOR (briefly describe the Work
INDICATE DBE
SUPPLIER SERVICE PROVIDER that will be performed by
each subcontractor)
DBE: Yes No %
DBE: Yes No %
DBE: Yes No %
DBE: Yes No %
DBE: Yes No %
DBE: Yes No %
DBE: Yes No %
DBE: Yes No %
TOTAL CLAIMED DBE PARTICIPATION: %
I declare, under penalty of perjury under the laws of the State of California, that I am utilizing the above DBE subcontractors
for the portions of work and amounts of subcontracts as reflected in the Bid Documents for this Contract.
Owner/Authorized Representative (Signature): Date:
Owner/Authorized Representative (Print): Title
v 09-02-04 HRC Form 2A-A: Page 1 of 2
CITY AND COUNTY OF SAN FRANCISCO HRC ATTACHMENT 1: FORMS
HUMAN RIGHTS COMMISSION Construction Contracts
SECTION 2: CONTRACTOR/VENDOR INFORMATION Shaded areas are for HRC/departmental office use only.
Provide information for each firm listed in HRC Form 2A-A Section 1 that has not already been listed on HRC Form 2A Section 2
(Contractor, its joint venture partners, subcontractors, suppliers, and truckers). Firms that have previously worked on City
contracts may already have a vendor Number. Such firms may enter their Number instead of completing the rest of the
information. Use additional sheets if necessary.
FIRM NAME: CONTRACT #:
ADDRESS: VENDOR #:
CITY, ST, ZIP: PHONE: FEDERAL ID #:
SERVICE:
FIRM NAME: CONTRACT #:
ADDRESS: VENDOR #:
CITY, ST, ZIP: PHONE: FEDERAL ID #:
SERVICE:
FIRM NAME: CONTRACT #:
ADDRESS: VENDOR #:
CITY, ST, ZIP: PHONE: FEDERAL ID #:
SERVICE:
FIRM NAME: CONTRACT #:
ADDRESS: VENDOR #:
CITY, ST, ZIP: PHONE: FEDERAL ID #:
SERVICE:
FIRM NAME: CONTRACT #:
ADDRESS: VENDOR #:
CITY, ST, ZIP: PHONE: FEDERAL ID #:
SERVICE:
FIRM NAME: CONTRACT #:
ADDRESS: VENDOR #:
CITY, ST, ZIP: PHONE: FEDERAL ID #:
SERVICE:
FIRM NAME: CONTRACT #:
ADDRESS: VENDOR #:
CITY, ST, ZIP: PHONE: FEDERAL ID #:
SERVICE:
v 09-02-04 HRC Form 2A-A: Page 2 of 2
CITY AND COUNTY OF SAN FRANCISCO HRC ATTACHMENT 1: FORMS
HUMAN RIGHTS COMMISSION Construction Contracts
HRC FORM 2B
DBE SUBCONTRACTOR AND SUPPLIER PARTICIPATION – GOOD FAITH EFFORTS
Each Bidder shall submit the following information to demonstrate that it has made a good faith effort to meet the DBE
Subcontractor participation goal. The HRC website (www.sfhrc.org) lists DBEs.
If the required DBE Subcontractor participation goal is not met and this form is not completed and submitted with the Bid along
with compelling documentation of the Bidder’s Good Faith Efforts, the Bid may be deemed non-responsive and rejected at the
City’s sole discretion. The documentation required below should include, but is not limited to, proof that:
a) the initial invitations to Bid were provided to DBE firms at least 10 calendar days prior to the opening of Bid,
b) requests for sub-bids adequately specified the items for which sub-bids were requested, and
c) documentation of the Bidder's efforts to receive a response from the DBE to whom invitations were extended indicate
performance of positive efforts (i.e. one telephone call, unanswered, would not be considered adequate positive efforts).
Bidder shall provide a statement of response (e.g., written communications, telephone logs, and faxes) from the DBE.
Even if the Bidder’s DBE Subcontractor and Supplier Participation Schedule (HRC Form 2A) indicates the DBE goal will be met,
Bidder should submit the following information to protect their eligibility for the Contract. This is important because the submittal
of only the DBE Subcontractor Participation Form will not normally provide sufficient information to demonstrate that a good faith
effort was made. A Bidder may not meet the DBE goal by providing additional information after the submittal is analyzed.
Contract Number: Contract Name:
Bidder’s Name: HRC Staff Assigned:
Please supply documentation for the following items 1 through 7 below:
1. List below the names and dates of all certified DBEs solicited by direct mail for this project or print out a list of the DBEs
contacted from the HRC website. List the dates and methods used for following up initial solicitations to determine with
certainty whether the DBEs were interested. Attach copies of letters and supporting documentation.
2. Summarize below the Items of Work for which the Bidder requested subcontractor services supplied by DBEs, the
information furnished interested DBEs in the way of requirements for the Work and any breakdown of tasks into
economically feasible units to facilitate DBE's participation. Where there are DBEs available for doing portions of the work
normally performed by the Bidder with its own staff, the Bidder will be expected to make portions of such Work available
for DBEs:
v 09-02-04 HRC Form 2B: Page 1 of 2
CITY AND COUNTY OF SAN FRANCISCO HRC ATTACHMENT 1: FORMS
HUMAN RIGHTS COMMISSION Construction Contracts
3. List in 3a and 3b below the names of DBEs solicited for any of the work indicated above which were not accepted, a
summary of the Bidder's discussions and/or negotiations with them.
a. List the names of rejected DBEs:
b. Summarize below discussions and/or negotiations:
4. List the names of subcontractors that were selected over the rejected DBEs listed above and the reasons for that choice.
5. Summarize below assistance that the Bidder has extended to rejected DBEs identified above to remedy the deficiency in
their sub-bids:
6. If bonding is used as a reason for declaring any potential DBE non-responsive or non-responsible, a complete explanation
must be provided as follows.
a. List the names and phone Numbers of bonding firms contacted by the prime contractor and/or other involved parties:
b. List the names and phone Numbers of public assistance agencies contacted and their responses (for example, the U.S.
Office of Small Business Administration - SBA):
7. Provide additional data to support a demonstration of Good Faith Efforts, such as contacts with DBE assistance agencies;
Disadvantaged Business community organizations; Disadvantaged Business contractor groups; local, state, or federal
Disadvantaged business assistance offices; or other organizations that provide assistance in the recruitment and
placement of Disadvantaged business enterprises, if any are available:
NOTE: Use additional sheets of paper if necessary. Appropriate documentation such as copies of newspaper ads,
letters soliciting bids, & telephone logs should accompany this form.
Signature of Bidder: Date:
Print Name of Bidder: Phone Number(s):
Name of Company:
Address, City, ST, Zip:
v 09-02-04 HRC Form 2B: Page 2 of 2
CITY AND COUNTY OF SAN FRANCISCO HRC ATTACHMENT 1: FORMS
HUMAN RIGHTS COMMISSION Construction Contracts
HRC FORM 3
DBE ORDINANCE COMPLIANCE DECLARATION
1. I will ensure that my firm complies fully with the provisions of Chapter 14A of the San Francisco Administrative
Code and its implementing Rules and Regulations.
2. I acknowledge that upon a finding of non-compliance with the provisions of Chapter 14A, the City is authorized to
impose penalties which may include any of the following:
a) refusal to certify the award of a contract;
b) suspension of a contract;
c) withholding of funds;
d) revision of a contract for material breach of contract;
e) disqualification of my firm from eligibility for providing goods and services to the City and County of San
Francisco for a period not to exceed five years.
3. I acknowledge and am advised and hereby agree that if my firm fails to comply in good faith with the provisions of
Chapter 14A my firm shall be liable for liquidated damages for each violation in an amount equal to my firm's net
profit on the contract, 10% of the total amount of the contract or $1,000, whichever is the greatest. The amount
of liquidated damages imposed will be determined by the Director of the HRC after investigation pursuant to
Chapter 14A
4. I acknowledge and agree that any liquidated damages assessed against my firm by the Director of the HRC shall be
payable to the City and County upon demand. I further acknowledge and agree that any liquidated damages
assessed may be withheld from any monies due to my firm on any contract with the City and County of San
Francisco.
5. A signature by the Bidder affixed to this affidavit constitutes an agreement with the City to comply with the
provisions of 14A of the San Francisco Administrative Code where applicable.
I declare that the above provisions are attested to under penalty of perjury under the laws of the State of
California.
Signature of Owner/Authorized Payment Representative:
Owner/Authorized Representative (Print):
Name of Firm (Print):
Address, City, Zip
Federal Employer Identification Number (FEIN):
Date:
v 09-02-04 HRC Form 3: Page 1 of 1
CITY AND COUNTY OF SAN FRANCISCO HRC ATTACHMENT 1: FORMS
HUMAN RIGHTS COMMISSION Construction Contracts
HRC FORM 4
JOINT VENTURE PARTICIPATION SCHEDULE
The apparent low Bidder must submit this form to the HRC Office by 5 p.m. on the fifth business day after Bid opening
if the apparent low Bidder is claiming a Bid discount based on DBE participation in a joint venture. All bid items must
be accounted for, including subcontracting work. Lump sum joint ventures must also be broken down into clearly
defined scopes of work. The form must be submitted whether or not the apparent low Bidder needed the claimed Bid
discount to be awarded the contract. The HRC staff upon request may grant extensions of time by the Bidder with the
approval of the awarding department.
If the HRC determines that the Bidder is not acting in good faith in the timely and accurate submission of this form,
the Bidder may be determined ineligible for the Bid discount.
HRC Form 4 is not applicable for construction projects over $10 million.
SECTION 1: GENERAL INFORMATION
1. Contract Number: Contract Name:
2. List below the Number of workers in each trade that will be assigned to this project by each joint venture
partner and estimated Number of new hires:
Name of JV Partner Trade: (e.g. plumber, superintendent, etc.) Number # New Hire
3. List below equipment that will be rented to the joint venture for this project by each JV partner or which the
joint venture will rent from an equipment rental company:
Item of Equipment Estimated Rental Cost Name of JV partner or probable rental company
4. List below the financial contributions of all joint venture partners:
Name of JV Partner Financial Contribution %
%
%
%
%
%
v 09-02-04 HRC Form 4: Page 1 of 4
CITY AND COUNTY OF SAN FRANCISCO HRC ATTACHMENT 1: FORMS
HUMAN RIGHTS COMMISSION Construction Contracts
5. List below all sources and amounts of loans, borrowing capacity and other sources of capital available to the
joint venture. Please attach letter of credit:
Name of JV Partner Source of Capital $ Amount or Line of Credit
$
$
$
$
$
$
6. Name of JV Partner whose bonding company was used for this Project:
Name of Bonding Company:
Name of Contact Person: Phone Number:
7. Describe below profit and loss distribution (including special conditions such as the results of an individual JV
partner's inability to capitalize its share of the joint venture) unless included in the joint venture agreement:
8. Describe below the management of the joint venture:
Name of JV Partner Name of Management Staff Management Role
9. Describe below the contract administration of the joint venture:
Name of JV Partner Location of Personnel
Accounting:
Payroll:
Purchaser of Supplies:
Other contract administration functions (specify):
10. Describe below management or incentive fees not included in the joint venture agreement:
v 09-02-04 HRC Form 4: Page 2 of 4
CITY AND COUNTY OF SAN FRANCISCO HRC ATTACHMENT 1: FORMS
HUMAN RIGHTS COMMISSION Construction Contracts
11. Describe below the supervision of field operations for the joint venture:
Name of JV Partners Name of Supervisor Job Title/ Role Employee Reports To: (name, job title, firm)
12. List below the names of persons that will be authorized to sign checks for the joint venture. Indicate under
what conditions such as below a specified dollar amount, or for certain uses, or with a co-signer:
Name:
Conditions:
Name:
Conditions:
Name:
Conditions:
13. Attach a copy of joint venture agreement (a joint venture agreement must be submitted to be eligible for nay
joint venture bid discount).
14. Attach copies of joint venture license and licenses held by all joint venture partners.
15. Attach copy of the bank signature cards for the joint venture. Indicate bank name and address.
16. Attach copies of all tax returns for the joint venture submitted over the last 3 years.
SECTION 2: BID DISCOUNT CALCULATION TABLE - JOINT VENTURES
The purpose of this table is to identify the costs of the Bid items that will be performed by the joint venture
partners. These costs are then used to determine the level of DBE participation. All bid items must be accounted
for, including subcontracting work. Lump sum joint ventures must also be broken down into clearly defined scopes of
work.
$ Amount of Bid Items
Contract Bid Item
(Number/Description) $ Name of DBE JV Partner Name of Non-DBE JV Partner
$ Name of Non-DBE JV Partner
$ $
$ $
$ $
$ $
$ $
$ $
$ $
$ $
$ $
$
v 09-02-04 HRC Form 4: Page 3 of 4
CITY AND COUNTY OF SAN FRANCISCO HRC ATTACHMENT 1: FORMS
HUMAN RIGHTS COMMISSION Construction Contracts
Follow the steps below to determine the level of DBE participation and eligibility for the Bid discount:
STEP 1
A. Enter amount of base Bid + selected alternates for this contract $
B. Enter amount of all subcontract, allowances and deletable bid items on this contract $
C. Deduct B from A (this is the base amount for calculating the Bid discount) $
STEP 2
Divide Step 1 "C" into Step 1 "A" to determine the percentage of the total amount allocated to the JV %
partners.
STEP 3
Divide the Amounts separately for the totals of each of the DBE, and Non DBE JV Partners" by the "Total DBE %
Amount For All Joint Venture Partners" from Step 1 "C." Non-DBE %
STEP 4
A. Enter percentage of DBE participation from Step 3 above: %
B. Add percentages of DBE participation: %
This is the percentage that will be used to determine eligibility for the bid discount. ↑ ↑ ↑ ↑
ALL JOINT VENTURE PARTNERS MUST SIGN THIS FORM
Owner/Authorized Representative (Signature) Owner/Authorized Representative (Signature)
Name and Title (Print) Name and Title (Print)
Firm Name Firm Name
Telephone Date Telephone Date
DBE: Yes No DBE: Yes No
Owner/Authorized Representative (Signature) Owner/Authorized Representative (Signature)
Name and Title (Print) Name and Title (Print)
Firm Name Firm Name
Telephone Date Telephone Date
DBE: Yes No DBE: Yes No
FOR HRC USE ONLY
APPROVED Signature DATA ENTRY
Controller's FAMIS Document #:
Name Date
(call dept. project mgr. for this #)
Title Initials
Date
v 09-02-04 HRC Form 4: Page 4 of 4
CITY AND COUNTY OF SAN FRANCISCO HRC ATTACHMENT 1: FORMS
HUMAN RIGHTS COMMISSION Construction Contracts
HRC FORM 5
EMPLOYMENT INFORMATION
This form shall completed by the Bidder and every listed subcontractor (see HRC Attachment 1 page 14 paragraph
4.03A) and supplier with a subcontract or purchase order of $50,000 or more. The apparent low Bidder shall submit
these forms directly to the appropriate HRC Compliance Officer by 5:00 p.m. on the fifth business day after Bid
opening.
This form must be completed and returned in a timely manner or the Bid may be determined non-responsive and
rejected. Subcontractors are required to sign this form under penalty of perjury.
Contract Number: Contract Name:
SECTION I
Name: Vendor Number:
Address:
City: State: CA Zip:
Phone: Type of Contractor’s License(s): Federal I.D. Number:
SECTION II
1. Submit copies of the last 4 quarters of the California Quarterly Payroll Tax Record. List all employees that you plan to utilize
on this project.
TRADE CLASSIFICATION
Date of most RACE1
EMPLOYEE NAME (carpenter, (journeyperson, apprentice/secretary, SEX
recent hire
admin., sales) outside sales)
1
Indicate which of the following: American Indian/Alaskan Native, Asian/Pacific Islander, Black, Filipino, or Latino
v 09-02-04 HRC Form 5: Page 1 of 2
CITY AND COUNTY OF SAN FRANCISCO HRC ATTACHMENT 1: FORMS
HUMAN RIGHTS COMMISSION Construction Contracts
2. Pursuant to San Francisco Ordinance No. 134-03 (5/14/03), contractor promises to make good faith efforts, with
the assistance of community based organizations designated by the City or local labor union hiring halls, to hire
qualified disadvantaged individuals who are residents of the City and County of San Francisco to comprise no less
than 50% of contractor’s total construction work force, measured in labor force work hours.
3. Explain in detail your method of hiring and the provisions of your collective bargaining agreement (if applicable)
that concern hiring procedures. This explanation should make quite clear the procedures to be followed when
job applicants are referred to your company.
4. List below how many people you will assign to this project and in what trades (contractors only). Instructions for completing
the tabulated data below are as follows:
a. Obtain HRC goals from Paragraph 4.03H (p.14)
b. Multiply column 4 by column 6 and place result in column 7
c. Multiply column 5 by column 6 and place result in column 8
Participation
Participation
HRC Goal for
Estimated in
for Women's
Total Hours
Each Trade
Number of
Number of
New Hires
# Minority
Estimated
HRC Goal
Minority
Woman
People
Trade
Hours
Hours
(%)
(%)
#
% %
% %
% %
% %
% %
% %
% %
% %
% %
% %
SECTION III
I will ensure that my firm complies fully with the provisions of Chapter 12B of the San Francisco Administrative Code.
I acknowledge and am hereby advised that upon a finding of non-compliance with the provisions of Chapter 12B, the
City is authorized to impose penalties which may include financial penalties and disqualification from providing goods
and services to the City and County of San Francisco for a period not to exceed two years.
I declare that the above provisions are attested to under penalty of perjury under the laws of the State of California.
Owner/Authorized Representative (Signature) Name of Firm, Partnership or Joint Venture
Name and Title (Print) Date
v 09-02-04 HRC Form 5: Page 2 of 2
CITY AND COUNTY OF SAN FRANCISCO HRC ATTACHMENT 1: FORMS
HUMAN RIGHTS COMMISSION Construction Contracts
HRC FORM 6
AFFIDAVIT – DECLARATION OF SUBCONTRACTOR PARTICIPATION
This affidavit is to be completed by each DBE subcontractor or supplier (including lower tier subcontractors) and submitted to the
apparent low Bidder. The apparent low Bidder shall submit the completed affidavits and copies of the subcontractors' or suppliers'
bid quotations to the HRC no later than 5:00 p.m. on the fifth business day following the Bid opening. Subcontractor may attach
additional papers if more room is required to provide complete introduction.
Contract Number: Contract Name:
Name of General Contractor:
Name of Sub Contractor:
License #: DBE Joint Venture: Type of work:
1. I, verify that bid to
the above referenced General Contractor for subcontracting work in the amount of $ and have
been offered a sub-contract in that amount.
2. Please list major vendors/suppliers of goods/services/supplies
Name Phone Number Product(s) $ Amount
$
$
$
3. Please describe scope of work:
4. Check one:
We will NOT subcontract out ANY portion of our work to another subcontractor.
We WILL subcontract out % of our work to
in the amount of $ . This business is a: HRC Certified DBE Non-HRC Certified DBE
5. FOR JOINT VENTURES ONLY: Please attach a copy of your joint venture agreement and list all partners below
Name Ethnicity (optional) Gender (optional) % of Participation
%
%
%
I declare, under penalty of perjury, that the above information is true and correct, and that our firm is a bona fide, certified DBE , as
defined under Chapter 14A of the San Francisco Administrative Code.
Owner/Authorized Representative (Signature) Date
Name and Title (Print) Phone
v 09-02-04 HRC Form 6: Page 1 of 1
CITY AND COUNTY OF SAN FRANCISCO HRC ATTACHMENT 1: FORMS
HUMAN RIGHTS COMMISSION Construction Contracts
HRC FORM 6A
DBE TRUCKING
This form is to be completed by apparent low Bidder to describe the complete scope of trucking work to be performed for the
project and submitted to the HRC by 5 p.m. on the fifth day following Bid opening.
Contract Number: Contract Name:
SECTION I. TRUCKING ESTIMATE
Products to be Hauled:
Type of equipment needed (indicate maximum
Number of trucks needed per day):
Quantity of product to be hauled:
Estimated quantity per truckload:
Estimated number of truckloads:
Products to be hauled from (give point of origin):
Estimated Number truck hours per trip:
Trucking Rate:
Estimated of total trucking (Number of loads times
hours per trip times trucking hourly rate):
If an assigned Trucker is being paid for Administrative
Work (i.e. Dispatcher), Describe and State Amount to
be Paid:
Is this assigned Trucking firm a DBE or Non-DBE firm,
specify:
Total Dollar Amount Committed to DBE Truckers: $
* Disposal fee and equipment rental fee will not be counted towards meeting the DBE trucking dollars amount.
SECTION II. TRUCKING OWNER OPERATORS
List below HRC certified DBE owner operators that will be utilized on this project. It is understood that no DBEs other than those
listed will be utilized for DBE credit without prior HRC approval. (photocopy this form for additional truckers and provide the
requested information for each DBE trucker)
Firm Name DBE Non-DBE
Products to be hauled:
Number of Trucks Needed:
Type of Trucks Needed:
Proposed Dollar Amount of subcontract:
v 09-02-04 HRC Form 6A: Page 1 of 2
CITY AND COUNTY OF SAN FRANCISCO HRC ATTACHMENT 1: FORMS
HUMAN RIGHTS COMMISSION Construction Contracts
Firm Name DBE Non-DBE
Products to be hauled:
Number of Trucks Needed:
Type of Trucks Needed:
Proposed Dollar Amount of subcontract:
Firm Name DBE Non-DBE
Products to be hauled:
Number of Trucks Needed:
Type of Trucks Needed:
Proposed Dollar Amount of subcontract:
Firm Name DBE Non-DBE
Products to be hauled:
Number of Trucks Needed:
Type of Trucks Needed:
Proposed Dollar Amount of subcontract:
Firm Name DBE Non-DBE
Products to be hauled:
Number of Trucks Needed:
Type of Trucks Needed:
Proposed Dollar Amount of subcontract:
I declare, under penalty of perjury that I am the owner or authorized representative of this firm and that the foregoing is true and
correct. Contractor, including each joint venture partner, must execute this form.
Owner/Authorized Representative (Signature) Owner/Authorized Representative (Signature)
Name and Title (Print) Name and Title (Print)
Firm Name Firm Name
Telephone Date Telephone Date
v 09-02-04 HRC Form 6A: Page 2 of 2
CITY AND COUNTY OF SAN FRANCISCO HRC ATTACHMENT 1: FORMS
HUMAN RIGHTS COMMISSION Construction Contracts
HRC FORM 7
CONTRACTOR/JOINT VENTURE PARTNER AND SUBCONTRACTOR PARTICIPATION REPORT
To be completed by Contractor and submitted to the City with its monthly progress payment application (transmit to all of the
following)
TRANSMITTAL
TO: Resident Engineer/Inspector COPY: HRC/Contract Compliance Officer
FROM (Contractor): Date Transmitted:
PART 1. Fill in all the blanks
Contract Number: Contract Name:
Reporting Period From: To: Progress Payment No:
The information submitted on Parts 1 and 2 of this form is accurate for the progress payment period immediately preceding that of
the current payment application attached herewith.
1. Amount of Prime Contract: $
2. Amount of Change Orders, Amendments and Modifications to Date: $
3. Total Contract to Date including Change Orders, Amendments and Modifications (Line 1 + Line 2): $
4. Amount Invoiced this submittal period: $
5. Total Amount Paid to Date including Retainage Received $
6. Amount of Progress Payments Requested to Date (Line 4 + Line 5): $
7. Percent Complete (Line 6 Line 3): %
Contractor, including each joint venture partner, must execute this form
Owner/Authorized Representative (Signature) Owner/Authorized Representative (Signature)
Name (Print) Name (Print)
Title (Print) Title (Print)
Firm Name Firm Name
Telephone Fax Telephone Fax
Date Date
v 09-02-04 HRC Form 7: Page 1 of 2
CITY AND COUNTY OF SAN FRANCISCO HRC ATTACHMENT 1: FORMS
HUMAN RIGHTS COMMISSION Construction Contracts
PART 2.
Provide a complete listing in the following table for Contractor, each DBE joint venture partner and all subcontractors (including 2nd and/or 3rd tier DBE subcontractors). Make
copies of this sheet as needed. Attach copies of all invoices from subcontractors supporting the information tabulated on this form and Contractor’s invoice and Contract
Payment Authorization for the immediately preceding progress payment period.
Note: Failure to submit all required information may lead to partial withholding of progress payment. (See Chapter 14A)
Identify the DBE Goal for this contract: DBE Goal: %
A B C D E F G H
Amount of Progress Payments
Orders/Modifications to Date
Change Orders/Modifications
Total Amount of Contract or
Purchase Order to Date +/
Percent Completed to Date
Purchase order at time of
Paid or Invoiced to Date
Amount of Contract or
Amount Invoiced this
Name of Firm
Amount of Change
Reporting Period
(C + D) or (CD)
List Contractor, including each
(F+G)÷E
joint venture partner, and all
Award
subcontractors, (including
Service Performed
lower tier DBE (subcontractors)
suppliers and truckers, and
indicate if the firm is a DBE
%
%
%
%
%
%
%
%
%
DBE Sub-Totals %
CONTRACT TOTALS %
v 09-02-04 HRC Form 7: Page 2 of 2
CITY AND COUNTY OF SAN FRANCISCO HRC ATTACHMENT 1: FORMS
HUMAN RIGHTS COMMISSION Construction Contracts
HRC FORM 8
CONTRACTOR EXIT REPORT AND AFFIDAVIT
Contractor must complete this form for, and have it executed by, each DBE joint venture partners and each DBE subcontractor (incl.
lower tier DBE subcontractors), suppliers and truckers. These forms should be submitted to the City with the final progress
payment application.
TRANSMITTAL
TO: Resident Engineer/Inspector COPY: HRC/Contract Compliance Officer
FROM (Contractor): Date Transmitted:
SECTION I.
Reporting Date: Contract Name:
Name of DBE: Portion of Work (Trade):
Original DBE Change Orders, Amendments,
Contract Amount: Modifications:
Final DBE Contract Amount of Progress Payments
Amount: Paid to Date:
Amount Owing including all Change Orders, Amendments and Modifications:
Execution by DBE:
I agree with the information on this form. Note: If DBE is in disagreement, it should not sign below but instead return this form
with an explanation of, and reasons for, the disagreement in the space provided on Page 2 of this form:
Owner/Authorized Representative (Signature) Name and Title (Print)
Telephone Date
SECTION II.
I/We declare, under penalty of perjury under the laws of the State of California, that the information on this form is complete, that
the tabulated amounts paid to date are accurate and correct, and that the tabulated amounts owing will be paid within a
reasonable time after the date of the City’s final payment under the Contract.
Prime Contractor, including each joint venture partner, must sign this form (use additional sheets if necessary)
Owner/Authorized Representative (Signature) Owner/Authorized Representative (Signature)
Name and Title (Print) Name and Title (Print)
Firm Name Firm Name
Telephone Fax Telephone Fax
Date Date
v 09-02-04 HRC Form 8: Page 1 of 2
CITY AND COUNTY OF SAN FRANCISCO HRC ATTACHMENT 1: FORMS
HUMAN RIGHTS COMMISSION Construction Contracts
Explanation by contractor if the final contract amount for this DBE is less than the original contract amount.
Explanation by DBE if it is in disagreement with the above explanation, or with the information on the first page
of this form:
Comments on the above by the awarding department:
v 09-02-04 HRC Form 8: Page 2 of 2
CITY AND COUNTY OF SAN FRANCISCO HRC ATTACHMENT 1: FORMS
HUMAN RIGHTS COMMISSION Construction Contracts
HRC FORM 9
SUBCONTRACTOR PAYMENT AFFIDAVIT
To be completed and submitted by Contractor, including all joint venture partners if any, and submitted to the City within 10
working days following receipt of each progress payment from the City (transmit to all of the following).
TRANSMITTAL
TO: Resident Engineer/Inspector COPY: HRC/Contract Compliance Officer
FROM (Contractor): Date Transmitted:
List the following information for each progress payment received from the City. Use additional sheets to include complete
payment information for all subcontractors (including lower tier subcontractors) and vendors utilized on this Contract. Failure to
submit all required information may lead to partial withholding of progress payment. (See Chapter 14A)
Contract Number: Contract Name:
Contract Awarding Department:
Progress Payment No.: Period Ending:
Amount Received: $ Date: Warrant/Check No.:
Subcontractor/Vendor Name Business Address Amount Paid Payment Date Check Number
I/We declare, under penalty of perjury under the laws of the State of California, that the above information is complete, that the
tabulated amounts paid to date are accurate and correct.
Contractor, including each joint venture partner, must execute this form
Owner/Authorized Representative (Signature) Owner/Authorized Representative (Signature)
Name (Print) Name (Print)
Title (Print) Title (Print)
Firm Name Firm Name
Telephone Date Telephone Date
v 09-02-04 HRC Form 9: Page 1 of 1
CITY AND COUNTY OF SAN FRANCISCO HRC ATTACHMENT 1: FORMS
HUMAN RIGHTS COMMISSION Construction Contracts
HRC FORM 10
CONTRACT AMENDMENT, MODIFICATION, SUPPLEMENT OR CHANGE ORDERS
Prime contractor/joint venture must submit this form, along with the required supporting documentation, when processing the first
contract amendment, modification, supplement or change order that cumulatively increases the original contract amount by more
than 20%, and then for all subsequent requests. (This provision applies only to contracts originally valued at $50,000 or more).
Name of Project/Contact Title:
Original Contract Amount:
Contract Amount as Modified to Date:
Amount of Current Modification Request:
REQUIRED ATTACHMENTS:
1. Revised HRC Form 2A, reflecting the new overall contract amounts for the prime contractor, joint venture partners and
subcontractors.
2. A list of all prior contract amendments, modifications, supplements and/or change orders leading up to this modification,
including those leading up to the amendment which increased the original contract amount by more than 20%.
3. A list of the contractors and subcontractors working on this amendment, modification, supplement or change order with the
contract dollars for each individual firm.
4. A brief description of the work to be performed under this amendment, modification, supplement or change order.
Owner/Authorized Representative (Signature)
Name (Print)
Title (Print)
Firm Name
Telephone Date
FOR HRC USE ONLY
APPROVED Signature RECEIVED:
Name
Title
Date
v 09-02-04 HRC Form 10: Page 1 of 1
CITY AND COUNTY OF SAN FRANCISCO HRC ATTACHMENT 1: FORMS
HUMAN RIGHTS COMMISSION Construction Contracts
HUMAN RIGHTS COMMISSION
SUBCONTRACTOR MONTHLY WORKFORCE TRACKING FORM
Contract Number: Contract Name:
CENTER CERTIFIED?
LOCAL COMMUNITY
TRADE CLASS TOTAL HOURLY RACE
SS# NAME ADDRESS SEX
CODE CODE HOURS RATE CODE
Yes
No
Yes
No
Yes
No
Yes
No
Yes
No
Yes
No
Yes
No
Yes
No
Yes
No
Company % Project Completed to Date: %
Address: Month Ending: Date Submitted:
Phone: PLEASE SEE PAGE 2 OF THIS FORM FOR TRADE AND CLASS CODES
Name and Title (print): TO BE SUBMITTED ON THE 7TH DAY OF EACH MONTH
Signature: Page of
v 09-02-04 Workforce Tracking Form: Page 1 of 2
CITY AND COUNTY OF SAN FRANCISCO HRC ATTACHMENT 1: FORMS
HUMAN RIGHTS COMMISSION Construction Contracts
HUMAN RIGHTS COMMISSION
CODES FOR CONSTRUCTION MONTHLY WORKFORCE TRACKING FORM
TRADE CODES CLASS CODES RACIAL DESIGNATIONS CODE
1301 ASBESTOS WORKER 1212 MILL WORKER 01 Superintendent A Asian/Pacific Islander
1101 BOILERMAKER 1104 MILLWRIGHT 02 Foreperson B Black
1201 BRICKLAYER 1213 OPERATING ENGINEER 03 Journey Person F Filipino
1202 CARPENTER 1214 PAINTER 04 Apprentice H Hispanic
1203 CARPET WORKER 1223 PILE BUTT 05 Teamster N Alaskan/American Native
1302 CEMENT MASON 1105 PILE DRIVER 06 Admin Staff O Other
2223 CONSTRUCTION TEAMSTER 1211 PLASTERER 07 Laborer U Unknown
1204 DRYWALL INSTALLER/GYPSUM 1106 PLUMBER W White
1102 ELECTRICAL WORKER 1303 ROOFER
1103 ELEVATOR CONSTRUCTOR 1402 SANDBLASTER
2502 FIELD OFFICE 1215 SHEET METAL WORKER
2503 FIELD SUPERVISOR 1216 SOFT TILE WORKER-
LINOLEUM/FLOOR ASPHALT
1205 GLAZIER 1107 SPRINKLER FITTER
1401 GUNITE WORKER 1108 STEAM FITTER
1206 HOD CARRIER - BRICKLAYER 1217 STONE MASON
1207 HOD CARRIER - PLASTERER 1218 TAPER-DRYWALL
1209 IRON WORKER - REBAR 2224 TEAMSTER FOREMAN
1208 IRON WORKER - STRUCTURAL 1219 TERRAZZO MECHANIC
2403 LABORER 1221 TILE HELPER - MARBLE OR TILE
FINISHER
2501 LABORER FOREMAN 1222 TILE SETTER
1210 LATHER
v 09-02-04 Workforce Tracking Form: Page 2 of 2
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