2015/06/17 COPP Contracting, Inc. Encanto Drive Street Resurfacing, CIP 15-03 i r
CITY OF MENIFEE BID AND CONTRACT DOCUMENTS
OWNER-CONTRACTOR AGREEMENT
CIP NO. 15-03, ENCANTO DRIVE STREET RESURFACING
This Owner-Contractor Agreement ("Agreement") is made and entered into for the above
referenced Project by and between the City of Menifee ("City"), and COPP Contracting, Inc.
("Contractor"),whose principal business address is 6751 Stanton Avenue,Buena Park CA 90621
on the 1711 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 Encanto Drive, located South of McCald
Boulevard 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 fiunish 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 Encanto Drive Besur&einz fE2j ct, CIP
No. 15-03 to be constructed on Encanto 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 shalt 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
Sne-Section_6-6 cof-theSpe=f Pro-visions-
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.]
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 teast 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.
S. AUTHORIZED-CITY REPRESENTATIVES
On behalf of the City, the City Engineer of the City of Mcnifee 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 the provisions of
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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 conflictinglierewith.
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 inspectionby 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 order to be in compliance with
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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_for-feit-to-City T---EN-TY 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 maybe 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 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:
f&. U ,
(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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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 )
County of ORANGE )
On JUNE 11,2015 before me, YOLANDA LUJAR - NOTARY PUBLIC
Date Here Insert Name and Title of the Officer
personally appeared EZEKIEL A. COPP AND ERLINDA COPP
Name(s)of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) ds/are
subscribed to the within instrument and acknowledged to me that#seAshe/they executed the same in
#hW44er/their authorized capacity(ies),and that by WaAher/their signature(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.
WITNESS my hand and official seal.
YOLANDA LUJAN Signature
it *. COMM#2074108 a n re f tary Public
°1 7 Notary Public-California^'
ORANGECOUN Y z
My Com mkss,on�pires kg.7,207
Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: CONTRACT Document Date: ME 8 2015
Number of Pages: 21 Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: EZEKIEL A. COPP Signer's Name: ERLINDA COPP
1XCorporate Officer — Title(s): PRESIDENT ❑Corporate Officer — Title(s): SECRETARY
❑ Partner — ❑ Limited [] General ❑ Partner — ❑ Limited ❑General
❑ Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact
❑Trustee ❑Guardian or Conservator ❑Trustee ❑ Guardian or Conservator
❑ Other: ❑ Other:
Signer Is Representing: Signer Is Representing:
COPP CONTRACTING. INC. COPP CONTRACTING. INC
02014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item #5907
IN WITNESS WHEREOF this Agreement is executed as of the date first written above.
CITY: CONTRACTOR:
City of M if COPP CONTRACTING. INC.
By: By: S .
Scott A. Mann, Mayor Name: EZEKIEL A. COPP
Its: PRESIDENT
APPROVED AS TO FORM: By:
By: Name: ERLINDA COPP
J e} /Melchin tCi Attorney Its: SECRETARY
ATTEST:
By: /
Contractor's City Business License No.
Kathy Bennett, City Clerk
#384209 "A"
State Contractor License No. & Class
6751 STANTON AVE.
Street Address
BUENA PARK CA 90621
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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EXHIBIT A
CONTRACT DOCUMENTS
Owner-Contractor Agreement
Bid Schedule
Addenda
Plans
Special Provisions (Specifications)
Special Federal Provisions including Community Development Block Grant Program
Requirements and Disbursement Instructions
Standard-Specifications-for-Public Works-Cons bi action and Regional-Supplen2ents
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: $ 279,345.98
The Contract Price forperforming 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 Encanto Drive Street Resurfacing
Project, CIP 15-03
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EXHIBIT C
SUMMARY OF LEGAL REQUIREMENTS
In addition to the requirements set forth in otherprovisions 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 Vl-of-the-Civil Rights-Act-of 1964,as--amended,-including Public
Law 88-352 implemented in 24 C.F.R.Part L 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 providingthat-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 fimded in whole orpart 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
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.
i
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 surmnary 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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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.
L 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. MinorityfWomen 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-defitrifion,"minority-group-members"
are Afro-Americans, Spanish-speaking, Spanish-surnamed or Spanish-heritage 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.
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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, el 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 andguidelines 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 FENIA 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 3-6 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. hi 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.
3. Uniform Administrative Requirements. The uniform administrative
11
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
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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.
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).
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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 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
2671/031859-0008
8209903.3 06/015 Page 13
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 malting 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 War-kplace 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-betaken 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 giant 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 tinder 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) front an employee-or-otherwisc 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.
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.
2671/011858-0008
8209903.3 a06ro2n5 Page 14
vii. Making a good faith effort to continue to maintain a drag-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 future 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-andsubcontractors-to-comply with-the
requirements of Section 3 of the Housing and Urban Development Act of 1969 (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 C.F.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. § 1701u
("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 for-th-mimmum-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.
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.
26711031858-0008
8209903.3.06/02/15 Page 15
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 Ili JD'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 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 I4UD 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
8209903.3.06/02/15 Page 16
Federal Labor Standards Provisions U.9,Department hill Housing
and urban Development
Pktee of Libor Relations
Apriftel iffy tit The work to he performed by ant Ctnm&tfittt+rasa
The Project tar Progrard to Watch tile Crfnekductton eaork seett udaa 11 net rtedf ruded by a wins ilficailon In teal ange
savored by this eventual deeclines is Using assistad by'to$ determination;acre.
created Stales of sAtttathte and the following Fede€a% Labor 44 The atataslnratloll it untitled ill Cho area by too
Standards Provisions are included in This Contrast ce+naarurhion loduvty;add
pursolub, to the provisions appi9 sbte to larch federal (3) 'This protrosed stage rare, Modeling airy bona lade
dt9frYhusipcel. theme Motile here's I Yaasanraloo rolaironourp to the
A. S. (1) Minh inn laatfom Ant labor"and rthich ants wage fates eardanned in she wage trueTFdlement-
ernpfntord or Wool cog upon the site at the work, ,vdrl he paid hot It the contractor and the Johanna idnd donfordes n)be
trricotN115Cena3ip and soak late ate" than once a witax, and cofounder In the CUM&RCRIMA Of lataha'i, or th4[r
enamin shnsepuenrt deduction or tahats oil any account reprreu ntalwas and HUTS of Its bastards agree oil the
(Ifecript such payrdli declutdofts de area thrultueal by L`ta9gttYxorrAn And Issue rate tlacimd4n9 tire interior
regulations issued by the secretary of Labor better the fdear"Ared tar black benefits varreve fmpropf➢aie). a report
Coturnererl Act:(25 CFR Part at,The hall amount of wages Of Tfta traded dakea7%ham be forcl by HUD or fit Maligned to
sad been has darlagte benefits for cash ettulvaierlie mur derr) We ferrh kstraner of the yocarm and Hour Division,
use at land of paynanht corneu oor at tales not less than afar eyerast0 ettandartrs AtfrptarksttYiion, US,Constituent,of
arose Cdknt;anae In the wage di derimmendi of dyne Libor, Wactordi pet,04, 20210. The Adrrlfidfnrador,or art
a n teary at tabor whi h is attached retain mile made a liftPlPoturo r5rtlrf<*rea64toikYe, Men standee, mtseaty, or
part bmichn, regardless at any chnffactasata to%n4ronat5:p (asayplmge every attentions atamsuheaboll carder within 30
which may he alleged to sxtio daetwaen ime rothrache,and rf'arr9 ca Younger,and so-advtet HUD W,'-it-. desitiloto or Will
flood ➢ateners and mrachardes Contributions Maine *I notify roes 93 its destgalse withrrk the go-day carried Inner
casts taaaclnairny antdcllfimt[id tot bona fida fringe suitable aadoItisich hand is rec rclars. {Appreired say the Office of
meson aeetion r(ll)(2) Of tau Drbi s•giicr n Act dla holedf of fdansgarin"I And Budget under oms control number f2jsS
sancasors or crocharets are eonsuntrol wages feted to such 0140,)
4a atrets or meclodues,suleiste to reds Provisions Of 29,CFR
'.t.h{zklfl}fsvt; take, bull mar oteinvibuhon r made or costs, Tap rn the every the cemcactor, tine daaPomot or mirchlial"r5
B9 culfad for Moro Ilion a"only period fare not less affair to to drnplx+ d in the classification or hour
than grrrHoray) sunder plans, funds, tar fractions, which reSx€6a&1tiu;4tsv:3#, and HUD ins Its assigned do not loots@ on
Covet ate.-genudia,r wankty Manua, ace-(nein.uld to be toe orweeft St$a^di$tQatte?VY anti 'Wage rate including Site
cosdstraxftuety made or located called such tmnwdcly leaned. aluouot designated far blade bidefter,where ag>oro➢ar'labra
,HUP of its elihoth o shaft resto fhb dusthoul, jilab iling
such;oh antrii and Ardini nscs$halt be pelts$tie apprink6rad the Vlaws Of ad MillytLated central had gas it?CUNrfRhtdeaTltlfi
watya rate and fringe handles on the wage Oote vnF stash of r414D Or its dxsrinse, to the a druRnfatrsator for
for ails Alassitocahotl of work actdaity pvrturined, wittuhmt dnfernvnatlam_ "the .ns%mtrala#raster, or an i n u orAzed
firgard to skill, t¢csept as fro slued In 29 CFR 5,ivahrl) rotor auelrlattvcz,win trade at rSstarrrtlnmYtrrn Within 30 days of
9.abote 9 or,retharucl ettrtorhlint work In math Than cite C3K silt and ae seldom NVIl or its rosigneo or Will baldly
Vossifordfort may ire compensated at the rate specified for HUD of no aashiruse mother the 3(kda1 pardert that
earth stavacPteatlibh for the dale actually worked Vienna: aflablaurb Onee is nmffrialudg. CiAppzowarti.oy the Officer,of
puovlddd. That the emplo`er'$ payrolt records accurruen, FAs lagvnlank and Sabath under OMB Control. Lumber
Ott tariff the nine kpear& to each cheicuticebon to whrch 9295-W40'i,
tr:osk rn Perf&+rmaU '4Ra waA1+r dnternrFaaa4Foh ihactutYellq cony
te1 The wage ratty (9u dialatt trlAcie lithiefill afraid
additional aWynblication and wogs total c,P,nntruni d uultier
20 CFR tb unufl➢o) and the Davlk• aeon porraor (WH arararcn7priale? ttetxsamin'ad Pursuant to sabharagragnhd
132':i shelf bo created at ill Imes fly'ide contractor One Rif i l ifkH i o7 tot of CPIse diebkbrpft, shah an brid to an
atl67cturRaatft5a"tl at iris,sue of She were in a prominent eatud worse", oebactun tp Work in the undotl this
accessible. place vaivre h dart be easily sews Troy the comfort from the Alta dull on hutch Worn ra 9lat6itha d in
warfare, ant efaasa36caYlon,
(tit (it} any close of laborers or neehaidea which is mutt (in) ViAl"aver the noninuda warts rate prerivibod fit the
hiratl in the wage nktmr'+ntnattat and Which Is is bo contract for a rams¢ at laborers m' mcnchahica includes a
employaad Under the o9mbact s alli tie massill ail inner tuartfir tested Is not ltAjbc ouhd as all hours s resit,the
conformance min tea wagedaleantrutkiora, HUD $halo% mcrtw2raclab' sir th eadaar pay the Mutant as cta4or3' h: pile
because an additional ctmssl$icAtice and wage rate and wage dad rnl let or sycht trey ardether bona also fringe
foods benefits therefor only When rile hirchotny Chiang biddro of.ah toaster cash arlun rarest adrairif.
hands base met (IV) It true rover"Am,nadir not feake payfuladus to,a euuteaa
0 elect third Period",dire contractor may consider as.prat
ICI
2671/031858-0008
8209903.3.06/02/15 Page 17
of the wages of any laborer or mechanic the amount of any communicated In writing to the laborers or mechanics
costs reasonably anticipated in providing bona title fringe affected, and records which show the costs anticipated of
benefits under a plan or program. Provided. That the the amai cost Incurred in providing such benefits.
Secretary Of Labor has found. upon the written request of Contractors employing apprentices or trainees under
the contractor, that the applicable standards of the Davis- approved programs shall maintain written evidence of the
Bacon Act have been not. The Secretary of Labor may registration of apprenticeship programs and certification of
require the contractor to set aside in a separate account trainee programs, tee registration of the apprentices and
assets Tor the meeting of obligations under the plan or trainees, and Me ratios and wage rates prescribed In the
program (Approved by the Office of Management and applicable Drograms. (Approved by the Office of
Budget under OMB Control Number 1215-0140 I Management and Budget under OMB Control Numbers
2. Withholding. HUD or its designee shall upon its own 1215-0140 and 1215-0017.)
action or upon written request of an aulhotl.eci (it) (a) The contractor shall submit weekly for each week
representative of the Department of Labor withhold or in which any contract work is performed a co0y of all
cause to he withheld from the contractor under this payrolls to HUD Or its designee If the agency is a party to
contract of any other Federal contract with the same prime the contract, but if the agency is not such a party. the
contractor, or any other Federally-as fisted contract contractor wi❑ submit the payrolls to the 2,01h:ant
subject to Davis-Bacon prevailing wage requirements. sponsor,or owner,as the case may be,for transmission 10
which is held by the same prince contractor so much of the HUD or Its designee. The payrolls submittetl shall set out
accrued payments or advances as may be considered accurately and completely all of the information required
necessary to pay laborers and mechanics. Including to be maintained under 29 CFR 5 5ta1(3pi)except that full
apprentices. trainees and helpers,. employed by Ine social security numbers and home addresses Snail not lie
contractor or any subcontractor the full amount of wages included on weekly transmittals. Instead the payrolls shall
required by the contract In the event of failure to pay any only need to include an individually Identifying number for
iaooref or mechanic, including any apprentice. trainee or each employee le ,. the last four mglts of the employee's
helper employed or working on the site of the work, all or social security number) The required weekly payroll
Dar, of the wages required by the contract, HUD or its information may he submitted in any form desired.
designee may, after written notice to till contractor, Optional Form YyH-347 is available for this purpose from
sponsor, applicant. of owner• lake such action as may be the wage and Hour Division •N'eb site at
necessary to cause the suspension of any further hItp/Mww.dot dov/es aPxhdgprmslwh347rnsfr him or its
payment. advance, or guarantee of funds until such successor site The prime contractor Is responsible for
violations have ceased HUD or Its designee may after the submission of copies of payrolls by all subcontractors.
written notice to the contractor, disburse Stith amounts Contractors and subcontractors Shall maintain the full
withheld for antl on account of the contractor or social security number and current address of each
subcontractor to the respeCftYe employees to whom they covered worker, and shah provide them upon request to
are due The Comptroller General shall make such HUD or its designee :f the agency is a Deny to the
disbursements Ill the case Of direct Davis-bacon ACI contract. but if the agency is not such a party, the
contracts contractor will submit the payrolls to the applicant
3. (1) Payrolls and basic records. Payrolls and basic sponsor,or owner. as the case may be, for transmission to
records relating thereto shall be maintained by the HUD of its designee, the Contractor, or the Wage and Hour
contractor during the course of the work preserved for a Division of the Department Of Labor lot DIVOOSes of an
period of three years thereafter for all 13borefs and inveStlga ton or audit of compliance with prevailing wage
mechanics workng at the site of the work Such records requirements it is not a vorshon of this subparagraph for
shall contain the name. address, and social security a prime contractor to require a subcontractor to provide
number of each such worker, his or her correct addresses and social secunty numbers to the prime
classification, noudy rates of wages paid (including rates contractor for its own records wdhout weekly submission
of contributions Or costs anticipated for bona fide fringe to HUD or its designee (Approved by the Office of
benefits or cash equivalents thereof Of the types described Management and Budget under OMB Control Number
in Section ho!(2)(B) of the Davis-bacon Atli, daily and 1215.0149,1
weekly number oS hours worked, deductions made and (b) Each payroll submitted shall be accompanied by a
actual wages paid 'Whenever the Secretary of Labor has -Statement Of Compliance.- signed by the contractor or
found under 29 CFR 5.5 la)(lpiv) trial the wages of any subcontractor or his of her agent who pays or supervises
latioraf of mechanic include the amount of any costs the payment of the persons employed under the contract
feasonably anticipated In providing benefits under a plan and shalt Certify the following'.
of program described In Section hbb2R8) of the Davis- 11) That the payroll for the payroll period contains the
Bacon Act, the contractor shall maintain records which Information required to be provided under 29 CFR 55
show that the Coi'noinment to provide, such benefits is rah3fPi}, the appropriate informalron is being maintained
enforceable, that the plan or program is financially under 29 CFR 5 5ra)13ht), and that Such information is
responsible, and that the plan or program has been correct and Complete
ev pus-amen anrobirvole form HUD.4010 i06 )
Page 2 of 5 ref Handlpok 1344.1
2671l03185R-0008
8209903.3.06/02115 Page 18
(2) That Win blower or mathalln:(driouralet each helper, is hot digiStfrOd if OffrooWSir mooloyfid as States above,
apprentice, and trainve) employed on the sonumn during Stialk be paid not task than hire artinfinmie wage rate all the
the payoDift period has "on paid the led weekly wages anklet toy If* classification 01 Wom amilany
erns l, without rebate, other directly or Militarily, and polframod. to internal,any ainna mkt o melon ling walk OR
look no "du honk have been moot either directly 0, fee job One ro fnichsa Of the ratio inkrinthre unater the
milifectly hour the tell vnnals earned, Other than Valparaiso mithilrain shot mr paid no', less than The
deductions as set hoah In 29 OFR Pao 3; anpricaukhr wage rate ad tea wage determination for the
$31 That each intense of ditichamr,one been paid and less Walk othunly perriarned Mors 0 infritrasun,is Performing
under MO allpfk8ble,ways,rates and binge bamifils or cash (in a twolett In a locality intall thin unit in
krundvafora5 tot the chitafficallor, of Work performed, as white its mogral" is l"iskeroic the ratios add while rates
Spleflior in 1110 istoncoale wage d8t0rfkttnfi@l4n (Oxioulmd in lafliCetoitiXlS Of kind journsymIan's houiry
irpofflyarcripa into the contract, (arlpi %mikohled in the f"Onfloactoy's or subMaraclore
ICY The weekly evinialsion of a firdrimly th,ce foglateirld intention 01111 he 01"Mrid. Every athilb"Vett
inutilitation set Renton like reverse side or Optional ror
vilial Inner be paid At not less draft the title spanned in the
m reinstalled gFiNgraff!tot in*tmpr(Wdl Ideal of dbhdniy%
'Wit-341 span satisfy the requirement to(vvelicssion at the explillizent kir 11 of the joupolumph Moody rate
'Stalanand Of Compliance, Firprifint by stifieff'101 In the tarcloUcke Wage kildermOarlion.
Apprentices said be paid frainge beholds 41 accordance
ha) this fansificalear,of day at die above certifications may said the throvition, of the Program. if the
truthect the conbrislor or to CiVA or Ormialas knot rant does hot slayedly forige, console,
prose'"Am" under section 1001 at Title Is and section lvwtmnea latist be path the fail andault of(rings hilnghs
231 d'itluir 31 Of Red Undoil states tails, listed on rho wage rfPEaraxinttttun car the applicable
trail The contractor or pabnoter,10or than make the dayisIfferdion It tile Aminnistodry retchrondq; that a
foomer required under A 3.0)available for diffeiVAI PracUfAr floYeAt for 'he ;Muftabno lippralarrli
ospecurr& shaving, or clanscrignon Dy aminnized trarilels order be Pat,$ni accordance who that
at sun) of Re balilmlia, of the Department OrelfriednapaL In its avent it)& Office of
of Tritorr, Ind Man Permit each li Trabling, tbrightheir and laam sakvee*, or a State
interview "rerwiveris,during w0honit hours, on the pkb. it Aphrommnlohnil AtiontV recolliezod try the, offse,
the corarectow or subcontractor fails In subden the required aft"riss Approval of an apprenticeship Program, pan
records Or to make them avalfacto, RUCk or Us derinkintin contractor Van no torner as Removed lea Uninfit
they, After Miles" prince, to $he ;Wfharli". spoavow, APPC$ItiTi is at less than file'ifinsolane rate
applicalin Of owner, ta"'Nual,ainum as may it&meceireary for five onwh perhakilert until an acceptable program )a
to cause the suarrantoon of 84Y further payment,advareelt, approved,
or fibliffames 01 finite Fulthariamin Wilum to submit the till Train##$, Eateill as provided in 29 CPA b,16,
fit it4ord records each request or to obilta such records u4nnfee 'MR fum for pardoned to work at bysti their the
avagabl'it stay lee bananas for o4ballybol;action mustard to f2le fear the work ifortarfintor uldefer bely,Oro
29 CFR 5,12, 0"IDWidid Pursuant 'JO and bylvdAmlity rags ynOd in a
el. Appriallites,send Trainees. 01"flarm elhich his received prior approval, ovkho"Cod by
li) Apprentices, Apprentices will no permitted to antrh at 1011MA in,Mfinantnt he the U& 0opethbrell of Label,
),it's than the Predetermined "to aw kite work Unly Foalkinionent and finding Adouncturafion, The rare of
Miesimirst than Italy are boldfaced musaiant to and "Inoes to ioutilovmon on the job site$hall nor fit gnialro
ftedustsomy ondalspea to a boora has appronl4costrip into permitted Under run Plan ninknovial by tire
oregratie replanning tinth the U S. otmairtment of Letter, Efrodaymesin irna Training Arinuircoridion, Every. nounem
Sarmiryinatt Mid TrAungo Administration, (if cis fit must bib paid at no: 1*25 Ilion the rate Specified it tire
imardenbcorkoks Training, kindtoyei and Labor coryknis, or linnovolf Program for the onedis's level of progress,
with a Fileal, Atioreork"hici Agonq efacsdn6acld hit 14K 64195604 all if Of the bnrfneynnin hourry,rate
Offica, of it A person is anuctoyeld in ras or hot last 50 OWKied th no, OVirinceple Wage dlY2l5rndiX92iYnu. Trainees
rgW&Or orobationorry enmroymenit as an apprentice In Such small Up Pace frOOM tiara bra in with tile
an apprenticeship Program, woo is not indpAdval y idirvisionz 0 hist,train"Anybody. 4 the voinint Program
Impsiorej ill-the program, alit vitro has book carolled ryj uses am mention frarge einieftlt' triamem $kmll AD pard
the births of Anorenificeslito Training, haroloyef and Labor the our Rolount of hinge hisakficr, listed an the woo
SaRVIOAS Or a 3tate, Amlismarceship Ationcy (Whillk) tdEerdtaandtltrnunnere; 'bit Adireardshater at the Inflike and
Hour Cniftsulli Ofeaminneri that loare it, all
to be alimide for ed'Voyfroant as
An apefemfiCO, Tile m1mViolic rude Of AgeorenCeS to pringforb associated esm tea r.mmoinnudint Journeymen
joundriamin mi the job site in any Call nitisib brief taro 00 the vathat whicit provided far
"aflon tartH
car die,greater than the kaho peougato to she Mrolactel as tents that pull hadie aimen4b for Any
W the entire Wait nbcP krohn,the finnOWred peekfkbm Any omploaree listed all tile totyren at 0 hamse fit$Who is ber
'moolif listed on a payroki at an Appronlika,waint Fare,who raghinfrod,Add M a training plan ralghtn'ra by
Van 101114010 10611200M
previxXOMM we More
Peter 3 of 5 let.Hardline 044"!
267V0318590009
9209903.3 06/02/15 Page 19
nor EnEpdLlgtf28nR and Traneaq Administration Inner Ile OM41 awliffhot "too (rantravar or parvidpatif jA HOD iddintures,
not in$ than the antiticablo wage role air the wage personal to 24 CFR Part 24
lot the vark canually aerfaranaaq. In addahtn' ill) Na pan 01 this,coldr3in filling be anbtmrrrnatpd to any
any grgh"Ro' Pgr(fW4Vnq work *it tile job site or excess of Patton at fight hishlodis lot award at a i3avloomern
the ratio vaiviffled under the registered theigrain send ixv Ptiiltoftt by Ignore Of %"troll a(0 Of the Art
good last ten than the applicants Wage rate on trio water or 29 CFR or to lie awarded HOD contracts or
distasuagnislaya lot Poi work garngiWoi reorldraicid. Ill the par ginnint in HUD thantrarns Pursuant to 24 CPR Part 24,
event the Employment and Training, Administration loll The perlarty for adathill false statements is proscribed
orgaimasez, olaproval of a tragagno program, Ill# contractor
Van 40 leader ad iterrodunj to ishliger trainees at 10016 then In the U.S Grinna'al Code, 44 A)B,C. loot, Acialflianarry,
tile appikalair laid Ter tile work, Ittritaftled W3 Criminal Code, Saloon 1 01 0, True il, L)if.C_
onto kin aitiophyrile proofaM is arriediold, Pinflogall Hrourotho horseshoes" proorges In
PAW 'Whoever, (of the Purpose of . . . bodbincAut In day
(ift) Equal e»anpkoyamefek opportunity, Tile onlinflon of way the action of such AamlhdaTralrol_ - alignes,rions,ot
shfarthrucoV,frainkess add journeymen under 20 CPR Part 5 puldishiss any statement pending the sanur to be tarka--
shelf he in conformity said trio ratual ongiloloriold alert bec MOO "I heard than $5,000 or ldaprleanad hot
rappoinundy of txv udve Order 11:246, at ovsre,than two yoms,Of boW-
ameadoo.and 20 CFR Part N it. Complaints. Proceedings, or Testimony by
fi. Compliance with Copedwid Act requirements, 'the FARPloye0% blo inardaf or illethook to whistin the wagge,
inlinigicior Short sparely won me rdygirwilmonts at 29 CPR sagarv,of Other hear Standards rativiloons Of this contract
Part 3 which are incorgionaked be rendence ill this contract We lildercabley shad do or in ally other andmor
& Subcontracts, Ifill contractor W subcontractor Will triaaCirnirid6ed agnionit by The CrignegIbor or any
nifogart aV day sutecantrmets the clauses concerned to frotteflas such Stlorapoo ham filed tiny
xviagaralgVecter I tergresi I I In Ron paragraph A and Such- colfroftimia, 4K beenfillod or starkers to he instituted any
allore xlakmaor as ROD or its dsSlorlag lady by or bay issfifted or is about to reality in any
recierho, and a corty of the appocarogy Vurder of relating US The 10M standards
oravahlbuff wade docragon, 'And moo a opurre rowhing end agnigatifirs arid`"kids Connect to?,is ohnimyet
To oiniuraft thorax 413II"s in any lower din ll, comirrynt Wrah "or" will scilarly mandeals Art free
Top pill" togaractot shi N easfsahsiale om3km to am Paragraph 0 we asecat it*amount q4 u's
for too gaindudance he any subcondactor or lower list aided owerviot exceition,SiDaWD, At octal in any wanegatin,irso
wilk Oil tao confront Oiharoa In isle alarshaved and routine,
paragraph. (1) Ovarliane No isrouscire or subsonealew
T, Contract torannallorn, difirficheillL A bloarril Of UID 'Nalradong he any P24 4 the Win"d Men third rity iltrilm or
contract cryus" ki 29 Crrg 6,15 nuoy ters ofoodyn far 97ft"er the amtowaiarh of spheres of Voinnaraull 141al NiPhe CA
WhonaVoir of tire nera fact and far dobahruent as a Permit all/even ligglabler Of nvtmrk in any noxiviroct tri Verde it*
condai'dor 204 a sublylotnindr, as provided to 29 CPR Axselah-A is earrougeddir onih WA to wark,in exiseres of 40 hours In
5.12' such "knink wI"I each tr0ow or fewark recaries
4. Cligh"A"or,with(mvissalcogg Otto Ralvird AS 49 a Moo WA cars then nac,and froenup hingir and hop;
Ad Voting$ and of its; ard rate Of M lot W!fdAM WOW 10 *MW"or 40 JUX0 in cash
Related Act% tonfainall In 29 CPR Parts 1, 3, and 5 and wationtak,
emnlon hico.--rarid try,anartrwrl In difir'oronlot (2) vethadyno iniblifty for anpodd wagion b(Ithrovidd
0. offinandy oyaporcifthig labor Standards. Disagree shigingooll, fq tile OVW41 or Vey Violation of the pieces set
artagal out Of inn War standards provisions of this holy in (1)*1 eight farguidatill. isle contractor
conglact shalt not be Subject to the general drogailari and any thaffigar then he labbi
civuhns of this nonlroct. Such distrubn isliall be received el got trio unpero wages, m giddrion, such rontrackof and
accoidardial unth me procedures or the Doinuninvan as subcoffifluntar s4ligi us liable to The United States (JR the
Latkol' set forth Or 4 CPR parts 6, ry, and T. Orsoldes ttasir Of work done undrif coldfarl for flie Dartitt in
Vinflin)the morning or due Cloggg Ifutindc'dicalitag lashWolol rolurnma of it tannnorl, to such Dogrocl of 10 such
the contractor (ar ally of IN sttpctsrNttcCoriF arid, HOD of territory), for toondaNd glairrages Such liquidation
as rivergagni. ga's U9 of tarsw, or too durnaties zhad lie covioured with respect to each individual
of oreir fiddynt of naaslaanar.. ancroddig Watchman and grouds,
M ill Certification of r-oull'Antry. By rdnerrng into tchl flauxotigas in variation Of the clause set forth in
cotaffitt the cord'untor Corneas that neither It (Iror he Or au#Ygaragrepis Ol Of this faValife0b. urine 110,01SID Vacant
Ste) ticil Any person or firm who has an ellare5l In the clegnew day an who Such inetwornal was natth ad'Y parritted to
Wo*to excess linatraig at 40 hian Wflend itaymmit
M. "actellb f4or Is a Patton or Win hialigings, to *0
awarded Crzkswinenent conifistn"s by value of(tdcgon 3(a)of of"I*Overcoat wid"requ'ricri by me 0somit set forth in sor,
the Act or 29 CFR 5.12000) or to Ile Wag"pilt(1)Of this paragraph.
FRVKkfa am mme're
Raw 44fV Ml-Wordbook UWA
2671/03185"008
8209903.3.06/02/15 Page20
Or tali thftithAnp for unpaiif wages ant ntihkdated
donewyes. HUD or its deeignes shoo upon Its own action
or been wrltten request nt an authorateat rapra&entahve of
the 000$ttmont of Loot Withhold or caoste to ho witnhef;n,
from ally Astrorys Sayable an account of worts porforo ed fry
the connector of Subcontractor under any much contract or
any diner Forterat contract with the sarne prime contract,
nt ally other FudetallyeSSistod conract Subject to red
Contract Wrack Hours and Safety Standards het ami,ch in
hard by the same primer contractor such Some as aeay be
deltiful and to he necessary, to satisfy any llahllittes of
Such taft acts' or mrnebnilacwr for uh rbir waties ano
nq'uidamd burnoose as nfowldoo in the cian54 Set rodir In
aunp*aaagraph(2)of this paragrapfio..
(di Skt6d8dpt4aCk9Y. `h# contraado�r cr subcontractor shhn
dower@ in any sooconn arka tare c6ausras of forth in
apt grcaarapE (t)throutin (4)of this paragrapit anal else a
,caaaash rawlifing the !lnttcantt3IIforg to Include those
clause$ in any lower tter a+aheon{fecza. The primp
Contractor Shan an redwrialwis for compharme by oily
subccaanrnMW as Dower roof suoacrniracYos with the arouses
St!1 torch in S4bbilropOmid (1) through lld of this
-Sbnt`AgGNfrTk.
C, Nowth and Safety. The provisions oft foadithich C we
app¢tC dovfieta for amend of Ole Pride overadov'r�eedositipmo-
Qaj No tartmrer or vicich Yn iv thall pe repaired as wort In
eerrdtaraiange or antler working corsnirions which are
uttsanlrary, hazifflorm, or danyiet'atts to pis hrfetth and
safety as 49elernmied Under¢dnxtraxptta safety ants nan9tli
Standards pirettata8gfatad by nee Seeratary of tabor by
(21 The Contractor shelf ceroviply with elf difni poua
issired by the ftectreary of t.arhpr pursuant to °fitly 29 Fad.
fez$ and foraaur® to comply nRay result In imposalon of
Samar M Pfitkian€fib the Contract'WVnas tdaturs and Safety
Standertrt Act. (Puhht taw 4144, 83 $Cat 99). dh USC
A
Ot The contractor Akan include the proylstnns of trim
sae'aanraPh in fiery MelIMMMI ffin MOT StUol proutnkiaM&-Waf
be Stnelnag on cash Subcontractor. The contractor span
take au ch action with f0pri t to say suhctantsautofr as tort,
t§eeretary. Of Hooting and ( bern fkOyMopnviril or the
Scsfetary, of Labor short diroCt a;; a moan$ of Opnotcin((
Such Provisions,
crtta 6677M are 70,59to y { J
Pali a 01 x oaf.11a99a Voi 1344,1
2671/031858-0008
8209903.3 a06/02/15 Page 21