2016/11/07 California Professional Engineering, Inc. CIP CS028, Kay Ceniceros Senior Center Phase 3, HVAC Improvements CITY OF MENIFEE BID AND CONTRACT DOCUMENTS
OWNER-CONTRACTOR AGREEMENT
CIP NO. CS028, Kay Ceniceros Senior Center Phase III (HVAC Improvements)
This Owner-Contractor Agreement ("Agreement") is made and entered into for the above
referenced Project by and between the City of Menifee ("Agency"), and California Professional
Engineering, Inc ("Contractor"), whose principal business address is 929 Otterbein Ave, Unit E,
La Puente, CA 91748 on the 7th day of November, 2016.
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 the Kay Ceniceros Senior Center, located at 29995
Evans Road Menifee, California 92586 (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 hlirlit. 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
Contract 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 Agency, in connection with the (CS028, Kay Ceniceros Senior Center
Phase III (HVAC Improvements)) to be constructed on (29995 Evans Road Menifee, California
92586) 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 Agency with respect thereto. Agency 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 Agency's
consent has been issued. Any revisions to the scope of Work for which Agency's consent has not
been issued shall be null and void.
3. CONTRACT PRICE
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Agency 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 Agency in accordance with these Bid
and Contract Documents.
The Contractor shall complete the Work in every detail to the satisfaction of the Agency, 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.]
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 AGENCY REPRESENTATIVES
On behalf of the Agency, the City Engineer of the City of Menifee shall be the Agency'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 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:
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"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 Agency 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 Agency and copies thereof shall be furnished
to Agency if requested.
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 Contract 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 A attached to this Contract. In the
case of any conflict between the CDBG Requirements and this Contract, the CDBG Requirements
shall control; it being understood, however, that in order to be in compliance with this Contract and
the CDBG Requirements, Contractor shall, to the extent possible, comply with the most restrictive
provisions in this Contract 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
Contract 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 Contract,
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
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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 Contract. 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 be an employee, agent, partner or joint venturer of the Agency. Agency shall have the
right to control Contractor insofar as the results of Contractor's services rendered pursuant to this
Agreement; however, Agency shall not have the right to control the means by which Contractor
accomplishes such services.
14. LICENSES AND PERMITS
Contractor represents and declares to Agency 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 Agency 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
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 Agency, 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
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disregard of the truth or falsity of the information. In the event the Agency 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 15, above:
V.N. V.N.
(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 Agency and the Contractor.
IN WITNESS WHEREOF this Agreement is executed as of the date first written above.
AGENCY: CONTRACTOR:
City of V4,
California ofess a ing, Inc.
By: By:
Robert ns n Name: Van Nguyen
Its: President
APPROV AS TO FORM: By:
Name: Van Nciuyen,,J
By: Its: Treasurer
J e ffrey . McIching, City o
AT S
14064101
y
ara Manwarmg, City Cl Contractor's City Business License No.
793907 A, C-10, C-20
State Contractor License No. & Class
929 Otterbein Ave, Unit E
Street Address
La Puente, Ca 91748
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; and
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
$24,128.00
(Twenty-Four Thousand One Hundred Twenty-Eight Dollars and Zero Cents)
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 Agency.
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EXHIBIT C
SUMMARY OF LEGAL REQUIREMENTS
In addition to the requirements set forth in other provisions of the Contract,
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 Contract.'
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 of 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 grant under Section 106 shall be made only if the grantee certifies
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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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. MinorityMomen 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 Contract. As
used in the Contract, 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 Americans, Asian-Americans, and
American Indians. Contractor may rely on written representations by businesses regarding
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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 Contract: 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 a/.
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
Contract. 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 Contract. 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
requirements described in 24 C.F.R. § 570.502.
I
I
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4. Other Program Requirements. Contractor shall carry out each activity
under the Contract 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 Contract is sold, the proceeds shall be program income
(prorated to reflect the extent to that funds received under the Contract were used to
acquire the equipment). Equipment not needed by Contractor for activities under the
Contract 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
A. 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 of 24 C.F.R. Part 85, "Uniform Administrative Requirements for Grants and
Cooperative Agreements to State and Local Governments," and OMB Circular A-87 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 Contract 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. §§ 84.42, 85.36
and 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 Contract, 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
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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.
290/031858-0008
7645681.2 al1/07/16 Page 13
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
24 C.F.R. § 85.36 for governmental subrecipients and 24 C.F.R. §§ 84.40-84.48 for
subrecipients that are non-profit organizations. 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 and subcontractors to
comply with the requirements of Section 3 of the Housing and Urban Development Act of
1968 (12 U.S.C. § 1701 u), 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. § 1701 u ("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 j
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.
790/031858-0008
7645681.2 al1/07/16 Page 14
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 Contract. 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.
i
k
290/031858-0008
7645681.2 al 1/07/16 Page 15
Federal Labor Standards Provisions U.S.Department of Housing
and Urban Development
Office of Labor Relations
Applicability f1) The work to be oertormed by the etassification
The Ptalect or Program to which the construction work requested is not performed by a classification in the wage
covered by this contract pertains is being assisted by The determination;and
united States of.America and the following Federal Labor (2) The classification Is uhli_ed ;n trs area by the
Standards Provisions are_ Included in this Contract construction industry; and
pursuant to the orovisions applicable to such Federal 13) The proposed wage late, Including any bona tide
assistance. fringe benefits, bears a reasonable relationship to the
A- 1. 11) 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 the contractor and the laborers and mechanics to be
unconditionally and not less often than ante a weak, and employed In the classification (it known), or their
without subsequent deduction or rebate on any account teptesentahves, and HUD of Its designee agree an the
(e-xcept such payroll deductions as are permitted by classification and wage rate (Including the amount
regulations issued by the Secretary of Labor under The designated for fringe benefits where appropriate), a report
Copeland Act (29 CFit Part 3), the full amount of wages or the action taken shall be sent by HUD or Its designee To
and bona fide fringe beinef)ts.(of cash equivalents thereof) the Administrator of the Wage and Hour Division,
due at time of payment computed at rates riot test than Employment standards Administration, U.B. Department of
those contained In the wage determination of the tailor, Washington, D.C.2D210 The Administrator, or an
Secretary at Labor wnicn is attached hereto and made a authorized representative, will approve, modify, or
part hereof, regardless of airy contractual relationship disapprove every additional classification action within 30
which may be alleged to exlst between the contractor and days of receipt and so advise HUD or its designee or wilt
such laborers and mechanics. Contributions made at notify HUD ar Its designee within the 30-day period that
costs reasonably anticipated for bona fide fringe benefits add-tional time is 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 mechanics. subject to the provisions of 29 CFR
5.3(a)(1)(iv); also, regular contributions made or casts (c) In the event the contractor, the laborers or mechanics
incurred for more than a weekly period(but not Jess often to be employed in the classification or their
than quarterly) under plans, funds, or programs, which representatives, and HUD or its designee do not agree on
cover the particular weekly period. are deemed to be ire proposed classification and wage rate (including the
constructively made or incuffed during such weekly period amount designated for fringe benefits,where appropriate),
HUD or Its designee shall refer the questions, Including
Such laboters.and mechanics shall be paid the appropriate the views of all interested parties and the recommendation
wage cat9 and fringe benetiis or the wage determination of HUD or its designee, is the ;d iini,tra;tit for
for tiia i!lasslfication of work actually performed. without determination. The Administrator, or an authorized
regard to skill, except as provided In 29 CFR 55.5(a)(4) representative,will issue A determination within 30 days of
Laborers or mechanics performing*ark In more than one receipt and so advise HUD or Its designee or will notify
classification may be compensated at the late specified for HUD or Its designee within the 30-day period that
each ciass--facation for the time actually worked tnerein additional time is necessary. (Approved by the Office of
Provided, That the employer& payroll records accurately Management and Budget under OMB Control Number
set forth the lime spent in each classification in Which 11215-0140.)
work is performed- The wage deletminalion(including any
additional classification and wage rates conformed under (¢) The wage rate tincluding fringe benefits where
29 CPR S 5(a)(1)(II) and the Davis-Bacon poster (WH- appropriate) determined pursuant to subparagraphs
1321)shall he posted at all times ny ine contractor and Its or (c) of this paragraph, shall be paid to all
subcontractors at the site of the work in a prominent and workers performing work in the classification under this
accessible, place where it can be easily seen by the contract from the first day on which work Is performed In
worriers
the classification
(11) (e) Any class of laborers or mechanics which is not fill) Whenever the minimum wage rate prescribed in the
listed in the wage determination and which is to be contract for a class of laborers or mechanics includes a
fringe benefit which is not expressed as an hours rate,the
employed :,rider the contract shalt tie classified in 9 p y
conformance with the wage determination HUD shall contractor shall either pay the benefit as stated in the
approve an aaditional Classification and wage rate and wage determination or shall pay another bona fide fringe
fringe benefits iherefar only when the following criteria benefit or an hourly cash equivalent thereof
have been met: fiv) if the contractor does not make payments to a trustee
or other third person, the contractor may consider as part
form HU04010;s)e24 I
Prv.,us�-In is are obsniE;e F_o', Hindret*1344.1
290/031858-0008
7645681.2 at 1/07/16 Page 16
of the wages of any laborer at mechanic the'amount of any communicated in writing to the laborers or mechanics
costs reasonably anticipated in providing bona fide fringe affected,and records which show'tie costs anticipated or
benefits under a plan or program, Provided, That the the actual cost Incurred in providing such uer,efits.
Secretary of Labor has found, upon the written request or Contractors employing apprentices or trainees under
the contrattitr, ;hat the applicable standards of the Davis- approved oragrams shall maintain written evidence of the
Bacon Act have been met. The Secretary of Labor may registration of appreffirCeship programs and certification of
require the contractor to set aside in a separate account trainee programs. the regt5tr2111011% of the 2pptentite5 and
assets for the meeting of obirgations under the plan or Trainees,and the ratios and wage rates prescribed in the
program. tAppraved by the Office of Management and applicable programs- (Approved by the Office of
Budget under OMB Controi Number 1215-0740) 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 'authortzed (it) lit) The contractor shall submit weekly for each week
representative of ire Department of Labor wiinhold or in which any contract work Is performed a copy of all
cause to be withheld from the contractor under this payrolls to HUD or Its designee it the agency is a party to
contract or 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-assisted contract contractor will submit the payrolls to the applicant
subject to Davis-Bacon prevailing wage requirements.. sponsor.or owner,as The case may be,for transmission to
which Is held by the same prime contractor to much of the HUD or its designee The payrolls submitted shah 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 5.5(a)(3)li)except that full
apprentices, trainees and helpers, employed by ine social security numbers and home addresses shall not he
contractor or any subcontractor the full amount of wages included an weekly trarsnrttals. 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
laborer or mechanic, including any apprentice, trainee or each employee re g.,the last four digits of the employed s
helper, employed or working on the s,te of the worF all or social security number(, The required weekly payroll
part at the wages required by the contract. HUD or its information may be submitted In any form desired.
designee may, after written notice to the contractor, sOptional Form WH-347 Is available for this purpose from
sponsor, applicant, or owner, take such action as may be ine 'Rape and Hour Division Web site at
necessary to cause the suspension of any further !Vp EAvwty dol a0y1eza6vnd1formViVh2471n5lr rilm or its
payment advance, or guarantee of funds until such succe5sai 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 sucn amounts Contractors and subcontractors shall maintain the full
withheld for and on account of the contractor or social security number and current address. or each
subcontractor to the respective employe" to whom they covered worker, and shalt provide them upon request to
ate due The Comptroller General shall make such HUD or its deslgnee if the agency is a party to the
disbursements in the case of direct Davis-Bacon Act, contract, but if the agency is not such a owly, the
contracts contractor will submit the payrolls to the applicant
3. (I) payrolls and basic records. Payrolls and hasic sponsor,or owner, as the case may be, for transmission to
records relatfrtg thereto shall be maintained by the HUD or its designer: the contractor,or in@ Wage and Hour
contractor during the course of the work oreserved for a Division of the Department of Labor for 0urposes of an
period of three years thereafter roe all laborers and investigation or audit of compliance with prevailing wage
mechanics working at the site of the work, Such records requirements It is not a violation of this subparagraph for
slsalf 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 security numbers to the prime
classification, hourly rates of wages paid (including rates contractor for its own records. without weekly submission
of contributions or costs anticipated for oona tide fringe to HUD or Its designee_ (Approved try the Office of
benefits at cash equivalents thereof of the tyoes described Management and Budget under OMB Control Number
in Section Ifo)f2HB1 of the Davis-bacon Act), daily and 1215-01149.)
weekly number of 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 Ccimpliance_- signed by the contractor or
found under 29 CFR 5.5 (a)(1)(1v) that the wages at any subcontractor or his or tier agent who pays or supervises
laborer ar mechanic include the amourif of any casts ine payment of ins persons employed under,the contract
reasonably anticipated in providing benefits under a plan and shall certify the following
or program described in Section I(b)(2)tB) of the Davis- (i) 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 5 5
show that the commitment to provide such benefits is (2)(3)p4); the appropriate Information is being maintained
entorceable- that Ube plan or program is financially under 29 CFR 5.512)l3)(t), and that such Information is.
responsitle, and that the plan or program has been
[street and complete;
FrcA,xm E-3vxis are terra 'rmi HUD4010 6Ltlmll
F,-�De -Ft I a,^21_rxA 1344.1
290/031858-0008
7645681.2 a11/07/16 Page 17 i
(2) That each taborer or mechanic(including each helper, is not registered or otherwise employed as stated above,
apprentice, and trainee) employed on the contract during shall be paid not less than the applicable wage rate on the
the payroll period has been paid the full weekly gages wage determination for the classification of work actually
earned. without rebate, either directly or indirectly, and performed In addition, any apprentice performing work an
that no deductions nave been made either directly or the )OE) Site In encase of the ratio permitted tinder the
indirectly from the full wages earned, other than registered program shall be paid not less than the
oetmissible deductions as set forth in 29 CFR Part 3: applicable wage rate an the wage determination tot the
(3) That each laborer or mechanic has been paid not less work actually performed Where a contractor is performing
than tine applicable wage rates and fringe benefits or cash construction on a project In a locality other than that in
equivalents ter the classification of work performed, as which its program is registered, the ratios and wage rates
specified in the applicable wage determination (expressed in percentages of the tourneyman's hourly
Incoctimatea Into the contract- rate) specified in the contractor's or subcontractor's
registered program shall be observed. Every apprentice
(cl the eeel.ly submission of a property executed must be paid at not less than the rate specified in the
certification del form on the teverse side of Optional Form registered program for the apprentiice's level of progress,
WH-347 Shall satisfy the fequitement Tot submission of the expressed as a percentage of the journeymen hourly rate
'Statement of Compliance' tequired by subparagraph specified in the applicable wage determination
Apprentices khan be paid fringe benefits in accordance
(d) The falsification of any of the above certifications may with the provisions of the apprenticeship program_ if the
subject the contractor or subcontractor to civil or criminal apprenticeship ptograrri Goes not specify fringe benefits,
prosecution under Section 1001 of Title 18 and Section apprentices must be paid the full amount of fringe benefits
231 of Title 31 of the tended States Code listed on the wage determination for the applicable
(III) The contractat or subcontractor shall make the classification. if the Administrator determines :hat a
records required under subparagraph A.3.1i)available for different practice prevails for the applicable apprentice
inspection, copying, or transcription by authorized classification,fringes shall be paid in accordance with that
representatives of HOD or its designee or the Department determination In the avant the Office of Apprenticeship
of Labor, and shall permit such represerttatives to Training. Employer and Labor Services, of a State
interview employees during working hours on the job If Apprenticeship Agency recognized by the Office,
the contractor at subcontfactat faits to submit the required withdraws approval of an apprenticeship program, the
records or to make them available, HUD of its designee contractor Will no longer tiff permitted to utilize
may, after written notice to the cimfractdr, sponsor aoprentices-at less than the applicable predetermined rase
applicant or owner,take such action as may be necessary for the work performed until an acceptable program is
to cause the suspension of any further payment, advance, approved.
or guarantee of funds Furthe(more, failure to submit the till Trainee#. Except as provided in 29 CFR 5.16,
required records upon request or to make such records trainees will not be permitted to work at less than the
available may be grounds tot debarment action pursuant to predetermined rate tot the work performed unless they are
29 CFR 5"12 employed pursuant ',to and Individually registered In a
4. Apprentices and Trainees. program which has received prior approval, evidenced by
(1) Apprentices. Apprentices will be permitted to work at formal certification by Ine U.S- Department or Labor,
less than the predetermined rate for the work they Employment and Training Administration. The ratio of
performed when they are employed pursuant to and trainees to journeymen on the job site shalt not be greater
individually registered in a bona fide apprenticeship than permitted under the plan approved by the
Program registered with the U.S. Department or Labor, Employment and Training,Administration. Every trainee
Employment and Training Administration, Office of must be pald at not less than the rate specified in the
Apprenticeship Training, Employer and Labor Services, or approved program for the trainee's level of progress,
with a State Apprenticeship Agency recognized by the expressed as a percentage of the journeyman hourly late
Office. or if a person is employed in his or her first 98 specified in the apptrr-able wage determination Trainees
days of probationary employment as an apprentice in such shall be paid fringe benefits in accordance with the
an apprenticeship program, who is not individually provisions of the trainee program It the trainee program
registered In the program but who has been certified by does not mention fringe benefits, trainees shall be Palo
the Office of Apprenticeship Training, Employer and Labor the cult amount of innge benefits listed on the wags
Services or a State Apprenticeship Agency iwhere determination unless the Administrator of the wage and
aporoonate)to to eligible for probationary employment as hour Division determines that there is an apprenticeship
an _apprentice. The allowable 1`2110 Of apprentices to program associated with the corresponding journeyman
Journeymen on the job site in any craft classification shall wage rate on the wage determination which provides for
not be greater than the ratio permitted to the contractor as less than full fringe benefits for apprentices. Any
to the entire wort,force under the registered program .Any employee hated on the payroll at a trainee tale wt is net
worker listed an a payroll at an apprentice wage rate, who registered and oarticipating in a training plan aoprc•ved :,y
eixrx m are obscW0 Win HO 10(OW200%)
rage 3 of 5 tell Handbook 13d"1
290/031858-0008
7645681.2 al1/07/16 Page 18
the Employment and Training Administration shalt be paid awarded HUD contracts or participate in HUD programs
not less than the applicable wage rate on the wage pursuant to 24 CFR Part 24
determination for the Work actually perlonned. In addlllon, (11) No part of this Contract Shall be subcontracted to any
any trainee performing worst on the fob site in excess or person or firm Ineligible for award or a Government
the ratio permitted under the registered program shall as contract by virtue of Section 3(2) of the Davis-Bacon Act
paid not less than the applicable wage rate on the wane of 29 CFR S.12(a)(1) or to tie awarded HUD contracts or
determination for the work actually performed In the participate in HUD programs pursuant to 24 CFR Part 24
event the Employment and Training Administration
withdraws approval of a training program. the contractor I1111 The penalty for masing false statements is prescribed
will no longer be permitted to utilize trainees at less than in the U-S_ Criminal Code, 18 U.S.C_ 1,0ot- Atldiuonally,
the applicable predetermined rate for the work performed US. Criminal Code. Section 1 01 0, Tide 18, U.S-C,,
until an acceptaole program Is approved `Federal Housing Administration transaciloW.provides in
(fill Equal employment opportunity. the utfbzation of part 'Whoever, for the purpose or influencing in any
way the action of such Administration. .. .makes, utters or
aporrnllces.trainees and journeymen under29 CrR Part 5 publishes any statement knowing the same to be.tarsa.....
shall be In conformity with the equal employment shall be fined not more than S5,000 of imprisoned not
opportunity requirements of Etecutive Order 11248, as more than two years,or both'
amended, and 29 CFR Part 30. 111 Complaints. Vtoceedings, or Testimony by
5. Compliance with Copeland Act requirements. Th0 Employees. No laborer or mechanic to whom the wage,
contractor shall comply with the requirements of 24 CFR salary or other labor standards provisions of this Contract
Part 3 which are incorporated by reference in this,contract are 3pplicaL•le shall be discharged or in any other manner
G. Subcontracts. The Contractor or subcontractor will discriminated against by the Contractor or any
insert in any subcontracts the clauses contained in subcontractor because such employee has filed any
subparagraphs 1 through 11 in this paragraph A and such Complaint or Instituted Or caused to he Instituted any
other clauses as HUD or its designee may by appropriate proceeding of has testified of Is about to testify 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 tier S. Contract Work Hours and Safety Standards AcL The
subcontracts. Tne orirne contractor shall be responsible prOowors,Of to por'agrapn B are applicaS le ration rase anxiure of the
for the compliance by any subcontractor or lower tier w.Tr* contract exceeds 5100,0W. As uisod in !his ra"7aph. M
subcontractor with all the contract clauses in this t rms'laborers'andlnecharscs"include watchmen and guards
paragraph
T. Contract termination: debarment. A Itfeach of the (t) Overtime requirements, Na conlracor or ayreq requite
r
�rracnrig for ,ray, part of fife txzmaa,� wtrcn rnaf require or
contract clauses in 29 GFR 5.5 may he grounds rot ln&w the er iployr iwV of IsLxYm er mecnancs shad mole or
termination of the contract and for debarment as a penriit^such latver or mechanic in any worlkweei.in~1 the
contracW and a subcoreractot ,s- provided in 29 CFR Incfividua:!s erLDYye7 on sixf-Num In A.K*�ji <t2,=:440 tofu*,in
siicri vsotxy ek unless such taborer or meccnxac wwees
& Compliance with Davis-Bacon and Related Act Regtiliernents. ccny?e+mx)on at a rate rat less than one and coo-hail lines the tat
All rulings and interpretations of the Davis-Bacon and rate of vas rot all flours waked in e>cess of 40 hours n sub
Related Ads contained In 29-CFR Parts 1, 3, and 5 are WW-Nele+,
herein incorporated by reference in Oils contract 12) Violation: liability for unpaid wages: liquidated
9. Disputes concerning labor standards. Disputes damages. In the event of any violation of brie clause set
arising out of the labor standards provisions of this forth in 1ub02fagraph(1)of this paragraph,the contractor
contract shall not be subject to the general disputes and any subcontractor responsible therefor shall be liable
clause or this contract. Such disputes shall be resolved In Tot the unpaid wages. In addition such contractor and
accordance with the procedures of the Department of subcontractor shall ire liable to the United States (in the
tabor set forth In 29 CFR Parts 5, 6, and 7 Disputes case of work done under contract for the District of
within the meaning of this clause Include disputes between Calumbla or a territory, to such District or to such
the contractor rot any of Its subcontracl w and HUD of territory), for liquidated damages Such liquidated
its designee, the U S. Department of Labor. or the, damages shall be computed with respect to each individual
employees or their representatives, laborer or mechanic, including watchmen and guards,
to, (I) Certification of Eligibility. By entering into this employed in violation of me clause set forth In
contract the contractor cettifi0s that neither it (noi he of subparagraph(t)of this paragraph, In die su rtof$10 fix each
she) not any person of firth who has an interest In the calendar day an which such IrrdvXYual wax required Of pamiltlad to
contractor's firm is a person or firm ineligible to be work In excess of the sandan3 workweek of 40 haws without payment
awarded Government contracts by virtue of Section 3(a)of of tree oiwtiroie wages retluired by trio clause set forth in sub
the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be paragraph;t i of!Oils paragraph.
Previous 60tions;we obsow.a Vni HUD-4010 b• - =7
paY 4 41 5 ref i a'iCM0 194 1
290/031858-0008
7645681.2 a11/07116 Page 19
f3) Withholding for unpaid wages and liquidated
damages. HUD or its designee shall upon i:s own action
or upon written request of an authorized represenlailve of
the Department of Labor withhold or cause to be withheld,
from any moneys payable on account of work performed by
the contractor or subcontractor under any such contract or
any other Federal contract with the same prime contract.
or any other Paderailyassisted contract subject to the
Contract Work Hours and Safety Standards Act Which is
held by the same prime contractor such sums as may be
determined to be necessary to.satisfy any liabilities of
such contractor or subcontractof for unpaid wages and
liquidated damages as provided in the clause set forth in
subparagraph(2)of this paragraph.
{e) Subcontracts. The contractor or subcontractor shalt
insert in any subcontracts the clauses set forth in
subparagraph (t)through (41 of this paragraph and also a
clause requiring The subcontractors to include these
clauses in any lower tier subcontracts The prime
contractor shalt he responsible for compliance by any
subcontractor or tower tier subcontractor with the clauses
set forth In subpar3graphs Ill through (A) of this
paragraph.
C. Health and Safety. The provisioirs d bvs paragraph C are
appcabie where;ne annunt of the prim:contract omEedS S100,0 to
(1) No taborer or mechanic shall be required to work in
surroundings or under worhing conditions which are
unsanitary. hazardous, or dangerous to his health and
safety as determined under construction safety and health
standards promulgated by the Secretary of Labor by
regulation
(2) The Contractor shall comply with all regulations
issued by the Secretary of Labor pursuant to Title 29 Part
1926 and failure to comply may result In impot-ihon of
sanctions pursuant to the Contract Work Hours and Safety
Standards Act, (Public Law 91-54. 83 Star 96) 40 11SC
3731 et sea_
(3) The contractor shall include the provisions of this
Paragraph in every subcontract so that such provisions will
be binding on each subcontractor The contractor shall
take such action with respect to any subcontractor as the
Secretary of Housing and Urban Development or the
Secretary of Labor shall direct as a means of enforcing
such provisions.
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