2015/06/03 Victor Concrete, Inc. ADA Accessible ramps- Potomac Dr CITY OF MENIFEE BID AND CONTRACT DOCUMENTS
OWNER-CONTRACTOR AGREEMENT
CITY OF MENIFEE ADA ACCESSIBILITY RAMPS PROJECT—POTOMAC DRIVE
This Owner-Contractor Agreement ("Agreement") is made and entered into for the above
referenced Project by and between the City of Menifee ("City"), and Victor Concrete.
Inc.("Contractor"), whose principal business address is 6135 Barcelona Ave. Riverside, CA
92509 on the 3rd day of June, 2015.
In consideration of the mutual covenants and agreements set forth herein, the City and
Contractor have mutually agreed as follows:
1. PURPOSES OF CONTRACT
City owns the land and the building(s) known as Potomac Drive, located in the City of Menifee,
California (hereinafter referred to as the "Property"). City participates in the Community
Development Block Grant ("CDBG") program administered by the United States Department of
Housing and Urban Development ("HUD") under Title I of the Housing and Community
Development Act of 1974 (42 U.S.C. §§ 5301 et seq.) as amended from time to time, and the
regulations promulgated thereunder (24 C.F.R. §§ 570 et seq.). Pursuant to the CDBG program,
City receives funds from HUD ("CDBG Funds") to be used for the support of community
development activities that meet at least one of the three national objectives of the program: (i)
benefiting low and moderate income persons, (ii) preventing and eliminating slums and blight,
and (iii) addressing a community development need having a particular urgency. City intends to
use CDBG Funds for the repair and/or rehabilitation of the Property(the "Project"). The purpose
of this Agreement is to obligate Contractor to complete the Project utilizing the financial
assistance and in accordance with the requirements of the CDBG program.
2. CONSTRUCTION
The Contractor agrees to do all the Work and furnish all the labor, services, materials and
equipment necessary to construct and complete the Project in accordance with the Contract
Documents (as hereinafter defined), including all work, labor, services, materials and equipment
described and reasonably inferable from documents enumerated in Exhibit "A" attached hereto
and incorporated herein by reference (such construction and furnishing of labor, service,
materials and equipment hereinafter referred to as the "Work") in a good worker-like and
substantial manner and to the satisfaction of the City, in connection with the City of Menifee
ADA Accessibility Ramps Project to be constructed on Potomac Drive in the City of Menifee,
California. The term Contract Documents shall mean this Agreement, and all of the items
enumerated in Exhibit"A" and all change orders or addenda issued by the City with respect
thereto. City must consent in writing to any changes in the scope of Work. Exhibit "A" shall be
deemed revised in accordance with any revisions for which City's consent has been issued. Any
revisions to the scope of Work for which City's consent has not been issued shall be null and
void.
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3. CONTRACT PRICE
City hereby agrees to pay and the Contractor agrees to accept as full compensation for all Work
performed in accordance with these Contract Documents the Contract Price as set forth in
Exhibit`B", Contract Price, attached hereto and incorporated herein by reference. Payments to
the Contractor shall be made in the manner described in the Special Provisions.
4. TIME FOR PERFORMANCE
Time is of the essence in the performance of Work for this Agreement and all timing
requirements shall be strictly adhered to unless otherwise modified by the City in accordance
with these Bid and Contract Documents.
The Contractor shall complete the Work in every detail to the satisfaction of the City, exclusive
of maintenance periods, within the specified duration set forth in the Notice to Proceed.
5. DELAYS AND EXTENSIONS OF TIME
See Section 6-6 of the Special Provisions.
6. LABOR CODE REQUIREMENTS
Pursuant to Labor Code Section 1771.1, the Contractor and all subcontractors shall be registered
with the Department of Industrial Relations. Pursuant to Labor Code Section 1771.4, the
Contractor is hereby notified that this Project is subject to compliance monitoring and
enforcement by the Department of Industrial Relations. [EFFECTIVE APRIL 1, 2015.1
Pursuant to Labor Code section 1771.4, each contractor and subcontractor must furnish
electronic certified payroll records specified in Labor Code section 1776 directly to the Labor
Commissioner at least monthly.
7. NON-DISCRIMINATION
In the performance of this Agreement, the Contractor shall not refuse or fail to hire or employ
any qualified person, or bar or discharge from employment any person, or discriminate against
any person, with respect to such person's compensation, terms, conditions or privileges of
employment because of such person's race, religious status, sex or age.
8. AUTHORIZED CITY REPRESENTATIVES
On behalf of the City, the City Engineer of the City of Menifee shall be the City's authorized
representative in the interpretation and enforcement of all Work performed in connection with
this Agreement. The City Engineer may delegate authority in connection with this Agreement to
his/her assigned designees.
9. WORKERS' COMPENSATION INSURANCE
a) By my signature hereunder, as Contractor, I certify that I am aware of the
provisions of Section 3700 of the Labor Code, which requires every employer to be insured
against liability for Workers' Compensation or to undertake self-insurance in accordance with
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the provisions of that Code, and I will comply with such provisions before commencing the
performance of the Work of this Agreement.
b) The Contractor shall require each subcontractor to comply with the requirements
of Section 3700 of the Labor Code. Before commencing any Work, the Contractor shall cause
each subcontractor to execute the following certification:
"I am aware of the provisions of Section 3700 of the Labor Code, which
requires every employer to be insured against liability for worker's
compensation or to undertake self-insurance in accordance with the
provisions of that Code, and I will comply with such provisions before
commencing the performance of the Work of this Agreement."
10. ENTIRE AGREEMENT; CONFLICT
The Contract Documents comprise the entire agreement between the City and the Contractor
with respect to the Work. In the event of conflict between the terms of this Agreement and the
bid of the Contractor, then this Agreement shall control and nothing herein shall be considered as
an acceptance of the terms of the bid conflicting herewith.
11. MAINTENANCE OF AGREEMENT DOCUMENTATION
Contractor shall maintain all books, documents, papers, employee time sheets, accounting
records and other evidence pertaining to costs incurred and shall make such materials available at
its office at all reasonable times during the term of this Agreement and for five (5)years from the
date of final payment under this Agreement, for inspection by City and copies thereof shall be
furnished to City if requested.
Under California Government Code Section 8546.7, if the amount of public funds expended
under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), this Agreement
shall be subject to the examination and audit of the State Auditor, at the request of City or as part
of any audit of City, for a period of three (3) years after final payment under this Agreement.
12. CDBG REQUIREMENTS
Contractor shall perform the Work in conformity with all applicable federal, state, and local
laws, regulations, and rules of governmental agencies having jurisdiction, including without
limitation, the CDBG Requirements (except that (1) Contractor does not assume the
environmental responsibilities described in 24 C.F.R. § 570.604, and (2) Contractor does not
assume the responsibility for initiating the review process under the provisions of 24 C.F.R.
Part 52), the legal requirements set forth in Exhibit C attached to this Agreement and the statutes
referenced therein, all provisions of the Municipal Code of the City of Menifee, and all federal
and state fair labor standards, including the payment of prevailing wages and compliance with
the Davis-Bacon Act. "CDBG Requirements" shall collectively refer to the requirements of
Title I of the Housing and Community Development Act of 1974 (42 U.S.C. §§ 5301 et seq.) as
amended from time to time, and the implementing regulations set forth in 24 C.F.R. §§ 570 et
seq. as amended from time to time, and the requirements set forth and referred to in Exhibit C
attached to this Agreement. In the case of any conflict between the CDBG Requirements and
this Agreement, the CDBG Requirements shall control; it being understood, however, that in
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order to be in compliance with this Agreement and the CDBG Requirements, Contractor shall,to
the extent possible, comply with the most restrictive provisions in this Agreement and the CDBG
Requirements. Contractor shall not hire or employ any person to perform work within City or
allow any person to perform the Work required under this Agreement unless such person is
properly documented and legally entitled to be employed within the United States. Contractor
acknowledges and agrees that it shall be and remain, and shall cause Contractor personnel to be
and remain, fully knowledgeable and apprised of all local, state and federal laws, rules, and
regulations in any manner affecting the performance under this Agreement, including the CDBG
Requirements. The statutory penalties for failure to pay prevailing wage or to comply with State
wage and hour laws will be enforced. In accordance with the provisions of Labor Code Sections
1810 et seq., eight (8) hours is the legal working day. Contractor must forfeit to City TWENTY
FIVE DOLLARS ($25.00) per day for each worker who works in excess of the minimum
working hours when Contractor does not pay overtime. Contractor shall indemnify, protect,
defend, and hold harmless City and its officials, officers, employees, and agents, with counsel
reasonably acceptable to City, from and against any and all loss, liability, damage, claim, cost,
expense and/or"increased costs" (including reasonable attorneys' fees, court and litigation costs,
and fees of expert witnesses) that results or arises in any way from any of the following: (a) the
noncompliance by Contractor of any applicable local, state and/or federal law, including, without
limitation, any applicable federal and/or state labor laws (including, without limitation, if
applicable, the requirement to pay state or federal prevailing wages and hire apprentices); (b) the
implementation of Section 1781 of the Labor Code, as the same may be amended from time to
time, or any other similar law; and/or (c) failure by Contractor to provide any required disclosure
or identification as required by Labor Code Section 1781, as the same may be amended from
time to time, or any other similar law. The foregoing indemnity shall survive termination or
expiration of this Agreement. It is agreed by the parties that Contractor shall bear all risks of
payment or nonpayment of prevailing wages under federal law and California law and/or the
implementation of Labor Code Section 1781, as the same may be amended from time to time,
and/or any other similar law. "Increased costs," as used in this Section, shall have the meaning
ascribed to it in Labor Code Section 1781, as the same may be amended from time to time.
13. INDEPENDENT CONTRACTOR
At all times during the term of this Agreement, Contractor shall be an independent contractor and
shall not bean employee, agent, partner or joint venturer of the City. City shall have the right to
control Contractor insofar as the results of Contractor's services rendered pursuant to this
Agreement; however, City shall not have the right to control the means by which Contractor
accomplishes such services.
14. LICENSES AND PERMITS
Contractor represents and declares to City that it has all licenses, permits, qualifications and
approvals of whatever nature which are legally required to practice its profession. Contractor
represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect
at all times during the term of this Agreement, any licenses, permits, qualifications or approvals
which are legally required for Contractor to practice its profession.
15. GOVERNING LAW,VENUE
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This Agreement and the Contract Documents shall be construed under and in accordance with
the laws of the State of California, and the appropriate venue for any action or proceeding arising
from this Agreement and/or the Contract Documents shall be had in the Superior Court of
Riverside, Temecula Branch
16. COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which shall for all
purposes be deemed to be an original.
17. FALSE CLAIMS
Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud
and Contractor may be subject to criminal prosecution. Contractor acknowledges that the False
Claims Act, California Government Code sections 12650, et seq., provides for civil penalties
where a person knowingly submits a false claim to a public entity. These provisions include
within their scope false claims made with deliberate ignorance of the false information or in
reckless disregard of the truth or falsity of the information. In the event the City seeks to recover
penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including
attorneys' fees. Contractor hereby acknowledges that the filing of a false claim may the
Contractor to an administrative debarment proceeding wherein Contractor may be prevented
from further bidding on public contracts for a period of up to five (5) years.
I have read and understood all of the provisions of this Section 17, above:
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(Initial) (Initial)
18. AGREEMENT MODIFICATION
This Agreement and the Contract Documents may not be modified orally or in any manner other
than by an amendment in writing and signed by the City and the Contractor.
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IN WITNESS WHEREOF this Agreement is executed as of the date first written above.
CITY: CONTRACTOR:
City of M ' ee f VICTOR CON RETE
By: 6A By: �
Scott A. a or Name: VICTOR GRANILLO
Its: OWNER
APPROVED AS TO FORM: By:
Name:
By: Its:
Je ey Melching, ty Attorney
ATTEST:
By: a
Kathy Bennett, City Clerk Contractors City Business License No.
577258 C-8
State Contractor License No. & Class
6135 BARCELONA AVE.
Street Address
RIVERSIDE, CA 92509
City, State, Zip Code
[NOTE: In the event the Contractor is a Corporation, the signatures of two separate
persons holding different offices must be provided.]
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document.
State of California // )
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On 0 C/s before me, aOYIY)Q M,
Date Here In art Name and Title of the Officer
personally appeared 1 Q� :rW YI r � � ,
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subscribed to the within instrument and acknowledged to me that he/sh*Ah y.executed the same in
his/her/ttreirauthorized capacity(ies),and that by his/her/=sfUsignature(s)on the instrument the person(s),
or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and correct.
Z..,. MONNA M. LOWE WITNESS my he and official seal.
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Commission#2000925
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02014 National Notary Association •www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item #5907
EXHIBIT A
CONTRACT DOCUMENTS
Owner-Contractor Agreement
Bid Schedule
Addenda
Plans
Special Provisions (Specifications)
Special Federal Provisions includingCommunity Development Block Grant Program
Requirements and Disbursement Instructions
Standard Specifications for Public Works Construction and Regional Supplements
State Standard Specifications
State Standard Plans
Permits issued by jurisdictional regulatory agencies
Electric, gas, telephone, and cable television company specifications and standards
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EXHIBIT B
CONTRACT PRICE: $41,800.00
The Contract Price for performing all Work described in the Contract Documents, including
labor, materials, services and equipment is the total amount of all lump sum items and of all unit
price sums, determined by multiplying the unit price for each item times the actual quantity of
each such item, as determined by the City. See attached Bid Schedule for the City of Menifee
ADA Accessibility Ramps Project—Potomac Drive.
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EXHIBIT C
SUMMARY OF LEGAL REQUIREMENTS
In addition to the requirements set forth in other provisions of the Agreement, Contractor
shall comply, and shall cause all of Contractor's personnel to comply, with the following
regulations and requirements insofar as they are applicable to the performance of the
Agreement.]
1. Equal Opportunity and Nondiscrimination.
a. Title VI of the Civil Rights Act of 1964, as amended, including Public
Law 88-352 implemented in 24 C.F.R. Part 1. This law provides in part that no person shall,
on the grounds of race, color, or national origin be excluded from participation in, be denied the
benefits of, or be subjected to discrimination under any program or activity receiving federal
financial assistance. In regard to the sale or lease of property, Contractor shall cause or require a
covenant running with the land to be inserted in the deed and leases prohibiting discrimination
under this Title, and providing that City and the United States are beneficiaries of and entitled to
enforce such covenants. Contractor shall enforce such covenant and shall not itself so
discriminate.
b. Fair Housing Act, Title VIII of the Civil Rights Act of 1968, as
amended, including Public Law 90-234. The Fair Housing Act provides in part that there shall
be no discrimination in housing practices on the basis of race, color, religion, sex, and national
origin. The Fair Housing Act was amended in 1988 to provide protections from discrimination
in any aspect of the sale or rental of housing for families with children and persons with
disabilities. The Fair Housing Act also establishes requirements for the design and construction
of new rental or for-sale multi-family housing to ensure a minimum level of accessibility for
persons with disabilities.
C. Section 109 of Title I of the Housing and Community Development
Act of 1974, as amended, including 42 U.S.C. 5301 et. seq., 42 U.S.C. 6101 et. seq., and 29
U.S.C. 794. This law provides in part that no person on the grounds of race, color, national
origin, sex, or religion shall be excluded from participation in, be denied the benefits of, or
otherwise be subject to discrimination under any activity funded in whole or part with funds
under this Title.
d. Section 104(b) of Title I of the Housing and Community Development
Act of 1974, as amended, including 42 U.S.C. 5301 et. seq. This law provides in part that any
1 This exhibit is a list and summary of some of the applicable legal requirements and is not a
complete list of all requirements. The description set forth next to a statute or regulation is a
summary of certain provisions in the statute or regulation and is in no way intended to be a
complete description or summary of the statute or regulation. In the event of any conflict
between this summary and the requirements imposed by applicable laws, regulations, and
requirements, the applicable laws, regulations, and requirements shall apply.
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grant under Section 106 shall be made only if the grantee certifies to the satisfaction of the
Secretary of HUD that the grantee will, among other things, affirmatively further fair housing.
e. Executive Order 11246, as amended. This order includes a requirement
that grantees and subrecipients and their contractors and subcontractors not discriminate against
any employee or applicant for employment because of race, color, religion, sex, or national
origin.
f. Executive Order 11063, as amended, including 24 C.F.R. Part 107.
This order and its implementing regulations include requirements that all actions necessary be
taken to prevent discrimination because of race, color, religion, sex, or national origin in the use,
occupancy, sale, leasing, rental, or other disposition of property assisted with federal loans,
advances, grants, or contributions.
g. Section 504 of the Rehabilitation Act of 1973, as amended. This Act
specifies in part that no otherwise qualified individual shall solely by reason of his or her
disability or handicap be excluded from participation (including employment), denied program
benefits, or subjected to discrimination under any program or activity receiving federal
assistance.
h. The Americans with Disabilities Act (ADA) of 1990, as amended. This
Act prohibits discrimination on the basis of disability in employment by state and local
governments and in places of public accommodation and commercial facilities. The ADA also
requires that facilities that are newly constructed or altered, by, on behalf of, or for use of a
public entity, be designed and constructed in a manner that makes the facility readily accessible
to and usable by persons with disabilities. The Act defines the range of conditions that qualify as
disabilities and the reasonable accommodations that must be made to assure equality of
opportunity, full participation, independent living, and economic self-sufficiency for persons
with disabilities.
i. The Age Discrimination Act of 1975, as amended. This law provides in
part that no person shall be excluded from participation in, be denied program benefits, or
subjected to discrimination on the basis of age under any program or activity receiving federal
assistance.
j. EEO/AA Statement. Contractor shall, in all solicitations or
advertisements for employees placed by or on behalf of Contractor, state that it is an Equal
Opportunity or Affirmative Action employer.
k. Minority/Women Business Enterprise. Contractor will use its best
efforts to afford small businesses and minority and women-owned business enterprises the
maximum practicable opportunity to participate in the performance of the Agreement. As used
in the Agreement, the term "small business" means a business that meets the criteria set forth in
Section 3(a) of the Small Business Act, as amended (15 U.S.C. 632), and "minority and women-
owned business enterprise" means a business at least fifty-one percent (51%) owned and
controlled by minority group members or women. For the purpose of this definition, "minority
group members" are Afro-Americans, Spanish-speaking, Spanish-surnamed or Spanish-heritage
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Americans, Asian-Americans, and American Indians. Contractor may rely on written
representations by businesses regarding their status as minority and female business enterprises
in lieu of an independent investigation.
2. Environmental.
a. Air and Water. Contractor shall comply with the following regulations
insofar as they apply to the performance of the Agreement: Clean Air Act, 42 U.S.C. 7401, et
seq.; Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251, et seq., as amended,
1318 relating to inspection, monitoring, entry, reports, and information, as well as other
requirements specified in said Section 114 and Section 308, and all regulations and guidelines
issued thereunder; and the U.S. Environmental Protection regulations pursuant to 40 C.F.R. Part
50, as amended.
b. Flood Disaster Protection Act of 1973. Contractor shall assure that for
activities located in an area identified by FEMA as having special flood hazards, flood insurance
under the National Flood Insurance Program is obtained and maintained.
C. Lead-Based Paint. Contractor shall comply with the Lead-Based Paint
Regulations referenced in 24 C.F.R. § 570.608, including 24 C.F.R. Part 35, et. al.
d. Historic Preservation. Contractor shall comply with the historic
preservation requirements set forth in the National Historic Preservation Act of 1966, as
amended (16 U.S.C. 470) and the procedures set forth in 36 C.F.R. Part 800, Advisory Council
on Historic Preservation Procedures for Protection of Historic Properties and related laws and
Executive Orders, insofar as they apply to the performance of the Agreement. In general, this
requires concurrence from the State Historic Preservation Officer for all rehabilitation and
demolition of historic properties that are fifty years old or older or that are included on a federal,
state, or local historic property list.
e. Limitation on Activities Pending Clearance. In accordance with 24
C.F.R. § 58.22 entitled "Limitations on activities pending clearance," neither a recipient nor any
participant in the development process, including public or private nonprofit or for-profit entities,
or any of their contractors, may commit HUD assistance under a program listed in 24 C.F.R.
§ 58.1(b) on an activity or project until HUD or the state has approved the recipient's Request for
Release of Funds (RROF) and the related certifications have been approved. Neither a recipient
nor any participant in the development process may commit non-HUD funds or undertake an
activity or project that would have an adverse environmental impact or limit the choice of
reasonable alternatives. Upon completion of environmental review or receipt of environmental
clearance, City shall notify Contractor. HUD funds shall not be utilized before this requirement
is satisfied. The environmental review or violation of the provisions may result in approval,
modification of cancellation of the Agreement. If a project or activity is exempt under 24 C.F.R.
§ 58.34, or is categorically excluded (except in extraordinary circumstances) under 24 C.F.R.
§ 58.35(b), no RROF is required and the recipient may undertake the activity immediately after
the City has documented its determination that each activity or project is exempt and meets the
conditions specified for such exemption under this section by issuing a Notice to Proceed.
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3. Uniform Administrative Requirements. The uniform administrative
requirements described in 24 C.F.R. § 570.502.
4. Other Program Requirements. Contractor shall carry out each activity under
the Agreement in accordance with all applicable federal laws and regulations described in
Subpart K of 24 C.F.R. § 570 except for City's environmental responsibilities under 24 C.F.R.
§ 570.604 and City's responsibility for initiating the review process under the provisions of 24
C.F.R. Part 52.
5. Reversion of Assets. In all contracts through which the City provides CDBG
Funds prior to performance of service or work rather than as payment for services or work
already retendered, Contractor shall transfer to City (a) any and all remaining, unspent CDBG
Funds upon completion of the Project and (b) any accounts receivable attributable to the use of
CDBG Funds. In all cases in which equipment acquired, in whole or in part, with funds under
the Agreement is sold, the proceeds shall be program income (prorated to reflect the extent to
that funds received under the Agreement were used to acquire the equipment). Equipment not
needed by Contractor for activities under the Agreement shall at the election of City either be (a)
transferred to City for the CDBG program, or (b) retained by Contractor after compensating City
an amount equal to the current fair market value of the equipment less the percentage of non-
CDBG funds used to acquire the equipment.
6. Relocation. City shall not be responsible for relocating any occupants from any
property. If required, Contractor shall have the sole and exclusive responsibility for providing
relocation assistance and paying all relocation costs required to comply with all applicable
federal and state laws, rules, and regulations, including the Uniform Relocation Assistance and
Real Property Acquisition Policies Act of 1970, 42 U.S.C. § 4601 et seq., as amended, and
implementing regulations, and HUD Handbook 1378. Contractor shall indemnify, defend, and
hold City harmless from and against any claims, liabilities, damages, or losses made against it by
tenants or occupants of any property, including without limitation claims for relocation
assistance, inverse condemnation, and claims otherwise arising from any act or omission of
Contractor pursuant to the provision of relocation assistance.
7. Allowable Costs and Audits. Contractor shall comply with and administer the
Project in accordance with OMB Circular No. A-122 "Cost Principles for Non Profit
Organizations" or OMB Circular No. A-21 "Cost Principles for Educational Institutions", as
applicable. If Contractor is a governmental or quasi-governmental agency, the applicable
sections OMB Circular A-87 "Cost Principles for State, Local, and Indian Tribal Governments"
shall apply. Contractor shall have an annual audit conducted in accordance with OMB Circular
No. A-133, "Audits of States, Local Governments, and Non-Profit Organizations."
8. Records and Reports. Contractor shall provide to City and shall cause each of
its contractors, subcontractors, and subrecipients to provide to City all records and reports
relating to the Project that may be reasonably requested by City in order to enable it to perform
its record keeping and reporting obligations pursuant to the CDBG Requirements, including but
not limited to those described in the Agreement and 24 C.F.R. § 570.506.
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9. Religious Organizations. If Contractor is a religious organization as defined by
the CDBG Requirements, Contractor shall comply with all conditions prescribed by HUD for the
use of CDBG Funds by religious organizations, including the First Amendment of the United
States Constitution regarding church/state principles and the applicable constitutional
prohibitions set forth in 24 C.F.R. § 570.2000).
10. Conflict of Interest.Contractor will comply with 24 C.F.R. 570.611 regarding the
avoidance of conflict of interest,which provisions include (but are not limited to)the following:
i. Contractor shall maintain a written code or standards of conduct that shall
govern the performance of its officers, employees or agents engaged in the award and
administration of contracts supported by federal funds.
ii. No employee, officer or agent of the Contractor shall participate in the
selection, or in the award, or administration of, a contract supported by federal funds if a conflict
of interest, real or apparent, would be involved.
iii. No covered persons who exercise or have exercised any functions or
responsibilities with respect to CDBG-assisted activities, or who are in a position to participate
in a decision-making process or gain inside information with regard to such activities, may
obtain a financial interest in any contract, or have a financial interest in any contract, subcontract,
or agreement with respect to the CDBG-assisted activity, or with respect to the proceeds from the
CDBG-assisted activity, either for themselves or those with whom they have business or
immediate family ties, during their tenure or for a period of one (1) year thereafter. For purposes
of this paragraph, a"covered person" includes any person who is an employee, agent, consultant,
officer, or elected or appointed official of the City, the Contractor, or any designated public
agency.
11. Political Activity (24 C.F.R. § 570.207(a)(3)). Contractor is prohibited from
using CDBG Funds to finance the use of facilities or equipment for political purposes or to
engage in other partisan political activities, such as sponsoring candidate forums, distributing
brochures, voter transportation, or voter registration.
12. Anti-Lobbying Certification. By its execution of the Agreement, Contractor
hereby certifies that:
i. No federal appropriated funds have been paid or will be paid, by or on
behalf of it, to any person for influencing or attempting to influence an officer or employee of
any agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with the awarding of any federal contract, the making of any
federal grant, the making of any federal loan, the entering into of any cooperative agreement, and
the extension, continuation, renewal, amendment, or modification of any federal contract, grant,
loan, or cooperative agreement.
ii. If any funds other than federal appropriated funds have been paid or will
be paid to any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee of a
2671/031858-0008 Page 13
8209903.3a05/19/15 g
Member of Congress in connection with this federal contract, grant, loan, or cooperative
agreement, it will complete and submit Standard Form-LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions.
iii. It will require that the language of this certification be included in the
award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts
under grants, loans, and cooperative agreements) and that all subrecipients shall certify and
disclose accordingly.
This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. This certification is a prerequisite for making or
entering into this transaction imposed by section 1352, title 31, U.S.C. Any person who fails to
file the required certification shall be subject to a civil penalty of not less than $10,000 and not
more than $100,000 for each such failure. At the request of City, Contractor shall execute a
separate document that contains the certifications set forth above.
13. Drug-Free Workplace Requirements.Contractor shall comply with and be
subject to the requirements of the federal drug-free workplace requirements, which include the
following actions be taken:
i. Publishing a statement notifying employees that the unlawful
manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited
in the workplace and specifying the actions that will be taken against employees for violation of
such prohibition.
ii. Establishing an ongoing drug-free awareness program to inform
employees about: (a) the dangers of drug abuse in the work place; (b) the employer's policy of
maintaining a drug-free workplace; (c) any available drug counseling, rehabilitation, and
employee assistance programs; and (d) the penalties that may be imposed upon employees for
drug abuse violations occurring in the workplace.
iii. Making it a requirement that each employee to be engaged in the
performance of the grant be given a copy of the statement required by paragraph(i).
iv. Notifying the employee in the statement required by paragraph (i) that, as
a condition of employment under the grant, the employee will: (a) abide by the terms of the
statement; and (b) notify the employer in writing of his or her conviction for a violation of a
criminal drug statute occurring in the workplace no later than five (5) calendar days after such
conviction.
V. Notifying City in writing, within ten (10) calendar days after receiving
notice under sub-paragraph (iv)(b) from an employee or otherwise receiving actual notice of
such conviction. Employers of convicted employees must provide notice, including position
title, to every grant officer or other designee on whose grant activity the convicted employee was
working, unless the federal agency has designated a central point for the receipt of such notices.
Notice shall include the identification number(s) of each affected grant.
2671/031858-0008
8209903.3a05/19/15 Page 14
vi. Taking one of the following actions, within thirty (30) calendar days of
receiving notice under subparagraph (iv)(b), with respect to any employee who is so convicted:
(a) taking appropriate personnel action against such an employee, up to and including
termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or
(b) requiring such employee to participate satisfactorily in a drug abuse assistance or
rehabilitation program approved for such purposes by a federal, state or local health, law
enforcement, or other appropriate agency.
vii. Making a good faith effort to continue to maintain a drug-free workplace
through implementation of paragraphs (i), (ii), (iii), (iv), (v), and(vi).
14. Procurement. Contractor will comply with the procurement standards under 2
C.F.R. §§ 200.317-200.326. Contractor shall comply with all existing and fixture City policies
concerning the purchase of equipment.
15. Labor Provisions.
a. Section 3 of the Housing and Community Development Act of 1968.
Contractor shall comply with and cause its contractors and subcontractors to comply with the
requirements of Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C.
§ 1701u),the HUD regulations issued pursuant thereto at 24 C.F.R. Part 135, and any applicable
rules and orders of HUD issued thereunder. The Section 3 clause, set forth in 24 CY R § 135.38
provides:
i. The work to be performed under this contract is subject to the
requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12
U.S.C. § 170lu ("Section 3"). The purpose of Section 3 is to ensure that employment and other
economic opportunities generated by HUD assistance or HUD-assisted projects covered by
Section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons,
particularly persons who are recipients of HUD assistance for housing.
ii. The parties to this contract agree to comply with HUD's regulations in 24
C.F.R. Part 135, which implement Section 3. As evidenced by their execution of this contract,
the parties to this contract certify that they are under no contractual or other impediment that
would prevent them from complying with the Part 135 regulations.
iii. The contractor agrees to send to each labor organization or representative
of workers with which the contractor has a collective bargaining agreement or other
understanding if any, a notice advising the labor organization or workers' representative of the
contractor's commitments under this Section 3 clause, and will post copies of the notice in
conspicuous places at the work site where both employees and applicants for training and
employment positions can see the notice. The notice shall describe the Section 3 preference,
shall set forth minimum number and job titles subject to hire, availability of apprenticeship and
training positions, the qualifications for each; and the name and location of the person(s) taking
applications for each of the positions; and the anticipated date the work shall begin.
2671/031858-0008
8209903.3a05/19/15 Page 15
iv. The contractor agrees to include this Section 3 clause in every subcontract
subject to compliance with regulations in 24 C.F.R. Part 135, and agrees to take appropriate
action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon
a finding that the subcontractor is in violation of the regulations in 24 C.F.R. Part 135. The
contractor will not subcontract with any subcontractor where the contractor has notice or
knowledge that the subcontractor has been found in violation of the regulations in 24 C.F.R. Part
135.
V. The contractor will certify that any vacant employment positions,
including training positions, that are filled (1) after the contractor is selected but before the
contract is executed, and (2) with persons other than those to whom the regulations of 24 C.F.R.
Part 135 require employment opportunities to be directed, were not filled to circumvent the
contractor's obligations under 24 C.F.R. Part 135.
vi. Noncompliance with HUD's regulations in 24 C.F.R Part 135 may result
in sanctions, termination of this contract for default, and debarment or suspension from future
HUD assisted contracts.
Contractor shall abide by the Section 3 clause set forth above and will also cause this
Section 3 clause to be inserted in all contracts relating to the Project, if applicable.
b. Labor Standards. Contractor shall comply with the provisions of 24 C.F.R.
§ 570.603 and related requirements. Contractor shall include in all applicable construction
contracts the provisions of federal law imposing labor standards on federally assisted contracts.
Contractor shall comply with the requirements of the Secretary of Labor in accordance with the
Davis-Bacon Act as amended (40 U.S.C. 3141 through 3148), the provisions of Contract Work
Hours and Safety Standards Act (40 U.S.C. 327 et seq. and implementing regulations), the
Copeland Anti-Kick Back Act (40 U.S.C. 276c and 18 U.S.C. 874 et seq.), the implementing
regulations of the U.S. Department of Labor including 29 C.F.R. Parts 1, 3, 5, 6 and 7, and all
other applicable federal, state and local laws and regulations pertaining to labor standards insofar
as those acts apply to the performance of the Agreement. Contractor shall maintain
documentation that demonstrates compliance with these provisions and such documentation shall
be made available to City and HUD for review upon request. Contractor shall cause or require to
be inserted in full, in all such contracts subject to such regulations, provisions meeting the
requirements of this paragraph.
C. HUD Form 4010. Contractor shall comply and cause Contractor personnel to
comply with the provisions of HUD Form 4010 attached hereto. HUD Form 4010 must be
included in the bid packet and construction contract and subcontracts for the Project.
2671/031858-0008 Page 16
8209903.3a05/19/15 g
Federal Labor Standares Provisions U.S.Department of Housing
and Urban Development
Office of Labor Relations
Applicability (1) -he work to be performed by the zlassification
The Project or Program to witch the Construction work lets led is ,of pe rumted by a classibud.iun in the waye
cuve ed by this cuubacl poll is being assisted by the determinatior; aid
United Stales of America aid the followng Federal Labor (2) The classification is utilized in the area ty :he -
Standards Provisiors are included in this Contract construction industry; and
pursuant to tie provisions applmable to such Federal (3) The proposed wage rate, including ary bona fide
assistance. fringe benefits, bears a reasonable relationship to he
A. 1. II) minimum wages. All laborers and mechanics wage rates contained In the wage determination.
employed or working upon the site of the work,will be paid
(b) If!ha cunll aclu auJ hie IaUul ors and mechanic,to be
Uiconditionally and not less often than once a week, and employed in the classification ;if known), or their
without subsequent deduction or rebate on any account representatives, and HUD of its designee agree on :he
(except such payroI deductions as are permnted ry classification and wage rate (including the amount
regulations issued by iho Secretary of Labor under the designated for fringe benefits where appropriate), a report
Copeland Act (29 CFR oar. 3;, the full amount of wages of the action taken shall be sent by HUD or its designee to
aid bona fide fringe benefits (or cash equivalents thereof) the Administrator of the Wage and Hour Division,
due at time of payment computed a: rates not less than Employment 3tandads Administration, U.S. Department of
those comained in the wage determination of the Labor,Washington, D.C. 20210. The Administrator, or an
Secretary of Labor which is attached hereto and made a authorized -epresentative, will approve, modify, or
part hereof regardless of any contractual relationship disapprove every additional classification action within 30
which may be alleged to exist between the cortractof and days of receipt and so advise HJD or Its designee or will
such obulels and mechanic,. Cunhibulions wade or potty HUD or its designee within the 30-day period trial
costs reasonably anticipated for bona fide fringe benefits adcitional time s necessary. (Approved by the Office of
under Section I(b)(2) of the Davis-Bacon Act on behalf of Management and Budget under OMB control number 1215-
laborers or mechanics are considered wages paid to such 0140.)
laborers or mecnanlc3,subject to the provisions of 29 CFR (c) In the event the contractor, :he laborers or mechanics
5.5(a)(11(iv); also, regular contributions made or costs to be employed In the classlficatlor. or their
incurred for more than a weekly period (but not less often
on
than quarterly) under plans, funds, or programs, which the proposed
c and HUD ui its designee a uul dingayie he
cove- the particular weekly period, are deemed to to the proposed classification and wage rate (inci�din9 :he
constructively made or incurred during scch weekly period. amount designated for fringe benefits, 'xhere appropriate),
HUD or its designee shall refer the questions, including
Such laborers and mechanics shall be paid the appropriate the views of all Interested parties and me recommendatAn
Wage rate and fringe benefits on the Wage determination of HUD or its designee, to the Administrator for
for the classification of work actually performed, without detarminatior. Tie Administrator, or an authorized
regard to skill, except as Drovided n 29 CFR 5 5(a)(4). representative, will issue a determination with 30 days of
Laborers or machaniCS performing work in more than one receipt and so advise HUD or Its designee Dr will nol
62yisifirAtinn may Ina cpmpansaten at that rate sperified for I IUD pr its designee within the 30-day period that
each classification for he time actually worked therein: adcitional time a necessary. (Approved by the Office of
Provided, The: the employer's payroll records accuratey Management and Budget under OMB Control Number
aeL With the time spent in eacil dassirivabun q which 1215-0140.)
work is perorned. The wage deternn nation(includinc ary
additional classification and wage rates conformed under ld) The wage rate (including fringe benefits where
23 CFR 5.5(a)(11(fi) and the Davis-Bacon poster CWH- appropriate) detemtired pursuant to scbparagraphs
1321) snail be posted at all times 0y the contractor ar0 Its (1)tii)(h) it (c) of this paragraph, shall he paid to all
subcontractors at the are of the work it a prominent and workers performing th first
work in the whiclach
work is n doerunde this
accessible, place where it can be easily seen by the contract from the first day on wraith work is performed in
tile he dassificaliou.
(ifil Wheuevel the mininlunt wage rule piesuibed in he
(if) (a) Any class 0` eternr5 ti mechanics which is not contract for a class of laborers or mechanics includes a
oared In a wage decontract s and winch Is to be fringe benefit which is not expressed as an hourly rate,:he
employed under the contract shall be class:tied in contractor shall either pay the beieflt as stated in :he
conformance with lfe wage determinalion. HUD shall wage determination or shall gay another bona fide forge
approve an additional classification and wage rate and serial or an hourly cash equivalent thereof.
fringe benefits therefor only when the following criteria
have been met: (rv) If the contractor does not make payments to a trustee
or other third person, the cortractor may consider as part
form HUD4010(0(y2009)
Previous adlbofls are obsolete Page t of 5 ref.Handbook 1344.1
2671/031858-0008 Page 17
8209903.3a05/19/15 g
of the wages of any laborer or mechanic the amount of any commdnicate l in writing to the labcrers or mechanics
casts reasonably anticipated in providirg bona fide fringe affected, and records which show the costs anticipated or
benefits under a plan or program. Provided. That the the actual ccst incurred in Droridinq such tenafits.
Secretary of Labor has found, upon the written request of Contractors employing apprentices or trainees Lnder
the contractor, Ihal the app-icable standards of the Davis- approved programs shall maintain written evidence of the
Eaton AC: nave been met. True secretary Of Labor may registration of apprenticeship programs and certification Df
require the contractor to set aside in a separate account tra'.nee programs, the registration of the apprentices and
assets for ire meeting of obligations under the plan or tra nee%, and the ratios and wage rates prescrbed in the
program. (Approved by the Office of Management and applicable programs. (Approved by the Office of
Budget under OMB Control Number 1215-0140.) Management and Budget under OMB Control Numbers
2. Withholding. -IUD or its des gnee shall upon its own 1215-0140 and 1215-0(J�J7.)
action or ipon written request of an authorized (ii) (a) The contractor shall sul:mi:weekly for each 'week
representative of the Departmert of Labor withhold o, in which any contract work is performed a copy of all
cause to De witnneld from the contractor under this papulls to HUD ui its designee if the agency is a pasty to
contract or any othsr Federal contract with the same prime the contract, but if the agency is not such a party, the
rnnlrartnr, fir any ritiar FPdPrally-a%%i%tP.d Contract rnntrarlfr wit Snhmlf the payrolIR to Irma applicant
subject to Davis-3acon prevailing wage requirements, sponsor, or owner, as the case may be. for transmission to
which is held by the same prime contractor so much of the HUD or its designee. The payrolls submitted shall set out
accrued payments or advances as may be considered accurately and ccrnoetaly all of the mformaticn required
necessary to Day labcrers and mechanics, Including to be maintained under 29 CFR f.5(a)(3)(p except that full
apprentices, trainees and helpers, employed by the social security numbers and home addresses shot not be
contractor or any subcontr2etcr the full amount of wages included on weekly hansmittals. Instead the payrolls shall
required ty the contract In the event of to lure to pay any only need to include an individually identifying number for
laborer or mechanic, including any apprentice, :rafnee or each employee(e g.,the last four digits cf the employee's
helper,employed or working on tie site of the work, a l or social security number). The required weekly payroll
par( of the wages required by the contract, HUD or Its Information may De submitted In any 1Drm desired.
designee may, after written notice to the contractor, Optional Form WII-347 is available for this pwposo from
sponsor, applicant, or owner, take such action as may be the Wage and Four Division Web site at
necessary to cause the suspension of any furher http:yywww.dot.00i/esaAvhd/forma/wh347iestchtm or its
payment, advance, or guarantee of funds until such successcr site. The prime contractor is responsible for
violations have ceased. HJD or its designee may, after the submission of copies of payrolls by all subcontractors,
written notice to the contractor, disburse such amounts Contractors and subcontractors shall maintain the full
withheld for and on account of the contactor or social security number and current address of each
subcontractor to the rsepectiva employees to whom they covered worker, and shall provide them upon request :o
are due. The Comptroller General shall make such HUD or its designee if :he agency is a party to the
disbursements in the case of direct Davis-Bacon Act contract, but if the agency is not such a party, the
contracts. contractcr wil submit the payrolls to the applicant
3. (1) Payrolls and basic records. -ayroils and basic sponsor, or owner, as the case may be. for transmission to
raccrds relating thereto shall be martained by the HUD or its ces,gnee,the contractor,or the Wage antl Hour
contractor during the course cf the work preserved for a Division of the Departnent of Labor for purposes of an
period of three years thereafter 'or all laborers and invi%tigatinn nr audit of rnmplianr-e with prevailing wage
mechanics working at the site of the work. Such records requirements. It is not a violation of this subparagraph for
shall contain the name, address, and social security a prime contractcr to require a subcontractor to provide
number of each sdch worker, his or he- correct addresses and spear security numbers to the prime
classification, hourly -ales of wages paid (including rates contractcr ful its uwa retards, witlmul weekly subnrissiun
m contributions or tests anticipated for bona fide tnng0 to HLO or its dcaignec. (Approved by :he Office of
benefits or cash equivalents thereof of tie types described Management and Rldget untler OMR Control Numhpr
in Section I(b)(2)(9) of the Davis-bacon Act), daily and 1215-0149.)
weekly number of hours worked, ceductons made and (b) Each payroll submitted shall be accompanied by a
actual rages paid. Whenever the Secretary of Labor has "Statement of Compliance," signed by tie contractor or
found under 29 CFR 5.5 (a)(1)(w) that the wages of any subcontractor or his or her agent who pays or supervises
laborer o- mechanic include the amcun: of any costs the paymen: of the persors employed urder the contract
reasonably anticipated in providing benefits under a plan and shall certify the following:
or program dascribod in Section I(b)(2)(R) of tie Davis- (1) That the papull fur .Iiu payroll periud cunCdins the
Bacon Act, the contractor shall maintain records which information required to bo provided under 29 CFR 5.5
show that the commitment to provide such benefits is (a)(3)rii), the apprniviatP infrrmation i% being maintained
enfcrceabe, that the plan or program is financially under 29 CFR 5.5(a)(3)(i), and that such information is
responsible, and that the plan or program has been correct and complete:
Fravotp edidors are cbsciete rorm HUD-401 E2009)
Page 2 Of 5 net Haldboo?.1344.1
2671/031858-0008 Page 18
8209903.3a05/19/15 g
(2) That each laborer or mechanic(including each helper, is not registered or otherwise employed as stated above,
apprentice, aid tra nee) employed on the contract during stall be pa d not less than the applicable Nage rate on the
the payroll period has beer paid the full weekly wages wage determination for the c assificatfon of work actually
earned, wihout rebate, either directly or indirectly, and performed. In addition, any apprentice performing work on
that nc deductions have been made either directly or the job site in excess of the ratio pernitted under the
Indirectly from the full Nages earned, otner than registered program shall De pale not less than the
permissible deductions as set forth in 29 CrR r'art 3; applicable wage rate on the wage determination for the
(3) That each laborer or mechanic has been paid not less work actually performec. Where a contractor is oerrorming
than the aopiicable wage rates and fringe benefits or cash ccristruction on a project in a locality other than that in
emrivalants fir Me rlascifiratian df wo* performed, as which its program is registered, the ratios and wage rates
specified IT the applicable wage determination (expressed in percentages of the journeyman's hourly
inco•porated into the contras:. rate) Specified In the Conrractors or sbbcpntractor's
registered program shall be observed Every apprentice
(c) The Weekly submssidn of a properly executed mast be paid at not less than the rate specified in the
certification set forth on the reverse site of Optional Form registered program for the apprentice's leve of progress.
WH-341 shall saasT'y the requirement for submission of the expressed as a percemage of the journeymen hourly rate
"9tatemerr of Compliance" required by subparagraph specified In the applicable wage determination.
A.3.;H)(b). Apprentices $net be paid trnge I:enehts In accordance
(d) The falsification of any of the sbo're certifications may with the provisions of the apprenticeship program. If the
Slrhlert the. ronfractor or subrnntrartrr to r.vil or rriminaf apprenticeship program does net specify fringe benefits,
prosecution under Section 1001 of Title 18 and Section apprantiras in ha paid the full amount of fringe benefits
231 of Title 31 of the United States Code. listec on the wage determination for the applicable
(III) —he contractor or subcontractor shall make the classification. If the Administrator determines that a
records required unde" subparagraph A.3.(i) available for different practice p•evails far the applicable apprentice
inspection, Copying, or trarscrlpbon by authorized classi rivafiun, hiryes shall be paid it acemdanee with that
representatives of HUD a- its designee or the Department determination. In the event the Office or Apprenticeship
or Labor, and shall permit such representatives to Training, Fmpinyer antl I Aim Serviraq. nr a Stare
interview employees during working hours on the job. If Apprenticeship Agency recognized by the Office,
the contractor or subcontractor tells to submit tie required withdraws approval of an apprenticeship program, the
records or to make them available, HUD or its cesignee contractor will no longer be permitted to utilize
may after written notice to the contractor, sponsor, apprentices at less than the applicable pre ieterilrea rate
applicant or ew lel, lake such actiun as rray bu necessary for the work performed until an acceptable program is
to cause the suspension of any further payment, advance, approves.
or g3arantee of funds. Furthermore, failure to submt the (it) Trainees. Except as pr3vided it 29 CFR 5A6,
required records upon request or to make such records trainees will not be permitted to work at less than the
avai able may be gourds for department action pursuant to predetermined rate for:he work perormed unless they are
29 CFR 5.12. employed pursuant %to and individually registered in a
4. Apprentices and Trainees. program which has -ecelved prior approval, evidential Dy
(I) Apprentices. Apprentices will be permitted to work at formal cerlfication by the U.S. Department of Labor,
less titan the predetermined rate for the work they Employment and Training Administration. The ratia of
pertuirued Wier trey are empluyed pursuaul to and tralnee5 to jdtlrneymen od the ins 5 tp.shall not ha greater
individually rcgistcroc ii a bona fide apprcrticeship than permitted under the plan approved by the
program registered with the U.S. Department 0' Labor. Employment and Train ng Administration =_very trainee
Employment and Training Administration, Office of mast be paid at not less than the rate specified in the
Apprenticeship Training, Employer and Labor Services, or apProveJ pruyr411 fur the bainee's level ur plugress,
with a State Apprenticeship Agency recognized by the c>prossed as a Fcrcorrage of tto journeyman hourly rate
Coles, ur it a per sun is emplUyed it his m bill first 90 specified in fhe applicable wags. dcterminatinn Trainees
days of probationary employment as an apprentice in such stall be paid fringe benefits in accordance with the
an apprenticeship program, who is not indivicually provisions of the trainee program. If ;he trainee program
registered in the program, but Nho has been -ertfffed by does not mention fringe benefits, trainees shall be paid
the Office of Apprenticeship Training, Emplcyer and Labor the full amuunl or hinge benefits listed an His ways
Services or a State .Apprenticeship Agency (where determination un ass the Administrator of the Wage and
appropriate) to be eligible Tor prgbatlenary employment as Hour Division determines that there is an apprenticeship
an apprentice. Tie allowable ratio of app,entices to program associated with the corresDondjng joumevman
jnurnaymai no the ;nh site in any rraff rlassificafinn shall wage rate on the wage determinist on which provides for
not be greats-than the ratio permitted to the contractor as less than full fringe benefits for apprentices. Any
to the entire work farce urder the registered program. Any employee listed an me payroll at a trainee rate who Is not
worker listed on a payroll at an apprentice wage rate,who registered and participating in a tramirg pier approved by
Previous edcions are obsolete form HUD-4010( f2009)
Page 3 015 felt HandlDdk 1344.1
267 1/03 1 8 5 8-000 8
82099033a05/19/15 Page 19
tte Employmert aid Training Administration shall be paid awarded HUD =ontracts or oarltcipate in HUD programs
not less than the applicable wage rate on the wage pursuant to 24 CFR Part 24.
determination for the worn actually performed. In addition, (if) No part of this contract shall be subcontracted to any
any trainee performing work on the lob site in excess of person or rimy ineligible for award of a Government
the ratio permitted under tho registered program shall be contract by virtue or section 3(a) or the Davis-Bacon Act
paid not less than the aoplicable wage rate on the wage or 29 CFR 6.12(a)(1) or -o be awarded HUD contracts or
determination for the work actually perorned. In the participate in HUD programs oursuant to 24 CFR Part 24.
even: the Employment and Training Administration
withdraws approval of a training program, tie contractor (iii) the penalty for making false statements is prescribed
will rc longer be permitted to utilize trainees at less than U the U.S. Criminal Code, 78 1 01 , Titl Additionally,
the applicable predetermined rate for the work aerformed U.S. criminal �oce, Section 1 Or D, Title 1&, U.5.C.,
until an acceptable program S approved. "Federal Housing Administration transactions", provides in
Dart: "Whoever, for the purpose of . . . influencing in any
(iii) Equal employment opportunity. The uti ization of way the action of such Administration..... makes, utters or
apprentices trainees and journeymen under 29 CFR Part O publishes any statement knowing the same to be false.....
shall he in cnnfnrmity with the actual employment shall be fined not more than $5,000 or imprisoned not
opporturity requirements o1 Executive Order '1246, as more than two years, or both"
amerded, aid 29 CFR Part 30. 11. Complaints, Proceedinffs. or Testimony by
5. Compliance with Copeland Act requirements. The Employees. No laborer or mechanic to wham the wage,
cunuactui span uuinvly with the lequileinen.s of 29 CFR salary, or other labor standards orovisions of this Contract
Part 3 which are ircorporated by reference in this contract are applicable shall be discharged or in any other manner
fi. Subcontracts. The contrartnr fir suhrnntracfnr will discriminated against by the Contractor or any
insert in any subcontracts tie clauses contained in subcontractor because such employee has filed any
subparagraphs i through 11 in this paragraph A and such compaint or instituted or caused to be instituted any
ulher clauses es HUD ui its designee may by auploptiale pi uceediay ui tas testified ut s abuul lu testily in any
instructions require, and a copy of the applicable proceeding under or relating to the labor standards
prevailing wage decision. and also a clause requiring the applicable under this Contract to his employer.
subcontractors to include these clauses in any lower ;ter B. Contract Work Hours and Safety Standards Act. The
subcontracts. I no prime contractor shall be responsible provisions of this paragraph B are appkcatle where the amourd of the
for the compliance by any subcontractor or ewor :icr prime contract exceeds SiOpOOO. As used In this pang ion, me
subcontractor with all the contract clauses in this tomes'laborer"ard"mechaniro"include watchmen and gcards-
paragraph.
(11 Overtime requirements. 14o sontractor ar subcontractor
7. Contract termination; debarmenl. A breach of the contracting for stir part cf the control work when may recutre or
contract clauses in Z9 ePH b.b may be grounds for imolve the empkyment of laborers or nechanics shall require or
termination of the contract and for debarment as a permit any such laborer a mechanic In any NVIY,waeK If Which me
contractor and a subcontractor as provided it 29 CFR individual is omelcyod on such wall to work in ox;coc of 40 hour in
5A2. such workweek unless such laborer o' mechanic receives
S. Compliance with Davis-Bacon and Related Act Requirements, compensation at arate not less than one and ate-half times the basic
All rulings and interpretations of the Davis-Bacon and rate of pay for all hours worked in excess of 40 hours n such
Related Acts contained in 29 CFR Parts 1, 3, and 5 are workweek.
herein ircorporated by reference in this contract (21 Violation; liability for unpaid wages; liquidated
9. Disputes concerning labor standards. Disputes damages. In tie evelt of any 'Ilolation of the clause set
arising out of the abor standards provisions of this forth in subparagraph (1)of this paragraph, the contractor
contract shall not be subject to the ceneral disputes and any subcontractor respoisible :herefor shall be liable
clause of this contract, such disputes shall be reso ved in for the unpaid wages. In addition, such contractor and
accordance with the procedures of the Department of subcontractor shall be liable to the United States (in the
Labor set forth it 29 CFR Parts 5, 6, and 7. Disputes case of work done under contract for the Cistrict of
within the meaning of this clause include cisputes between Columbia or a territory to such District or to such
tie uuuuae.ul (ul any of tls scbcunUaotuts) and HUD ul le'itluly), fin liquid'dleu ddrayes. Such liqudaled
its designee, the U.S. Departmont of Labor, or the damages shall he computed with respect to each ndividual
employeas or their representatives. laborer or mechalic, including watcimen and guards,
10. (1) Certification of Eligibility. By entering into this employed in vto.ation of the clause set forth in
contract the contractor certifies that neither it (nor he or sub paragrapn (i) of this pa rag rap It, In the sum of$10 for each
she) nor any person or firm who has an interest in the calendar day on which s6ch bditiduel was required or permitted to
contractor's firm to a person or firm ineigible to be wodl in exoess of the standard wod(wePA of 40 hours without payment
awarded Government contracts ay virtue of Section 3(al of of ftovelime wages required by the clause set forth in sub
the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be paragraph (')of the paragraph-
Previous editions are obsolete faint HUD-4010(002009)
Pace 4 0 5 ref.Hardbook 13441
2671/031858-0008
8209903.3aO5/19/15 Page 20
(3) Withholding for unpaid wages and liquidated
damages. HUJ or its designee shall upon its own action
or upon written request of an authorized representative of
the Department of Labor withhold or cause to be withheld,
from any moneys pavable on account of work performed by
the contractor or subcontractor under any such contract or
any other Federal contract with the same prime contract, _
or any other =ederally-assisted contract subject to the
Contract Work Hours and Safety Standards Act which is
helc by the same prime contractor such sums as may be
determined to be necessary to satisfy any liabilities of
such contractor or subccntractor for unpaid wages and
ligwdalec damages as piuvided ill the clause set With in
subparagraph (2) of this paragraph.
(4) subcontracts. I tie contractor of subcontractor snail
insert in any subcontracts the clauses set forth in
subparagraph (1) through (4) of tfils paragraph and also a
clause requiring the subcontractors to include these
clauses in any luweh lie[ subcurLacs. The prime
contractor shall be responsible for compliance by any
subcontractor or lower tier subcontractor with the clauses
set forth in subparagraphs (1) through (4) of this
paragraph.
C. Health and Safety. The provisions of this paragraph C are
applicable*hem fie amount of the prime contract exceeds 3100,300.
(1) No laborer or mechanic shall be required to work in
surroundings or under working conditions which are
unsanitary, hazardous, or dangerous to his health and
safety as deleimmed unde[ cunshucuun safety and health
stardards promulgated by the Secretary of Labor by
regulation.
(2) The Contractor shall comply with all regularions
Issued by the secretary 0' Loper pursuant to T1118 29 Part
1923 anc failure to comply may result h imposition of
sancliuus pmsuaut U the Contmul Wwk Huurs and Safety
Standards Act, (Public Law 91-54, 83 Stat 96). 40 USC
3701 at sea.
(3) The contractor shall include the provisiols of this
paragraph In every subcontract so that such provisions will
be binding on each subcontractor. The contractor shall
take such action with respect to any subcontractor as the
Secretary of housing and Urban Development or the
Secretary of Labor shall direct as c moans of enforcing
such provisions.
Preview eddions are obsolete form HUD 0(06/2009)
Pace 5 of 5 ref.handbook 1344.1
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