2018/06/20 L.C. Paving and Sealing, Inc. CIP18-04 Sun City Blvd ada improvements CITY OF MENIFEE BID AND CONTRACT DOCUMENTS
OWNER-CONTRACTOR AGREEMENT
CIP 18-04, SUN CITY BOULEVARD ADA IMPROVEMENTS
This Owner-Contractor Agreement ("Agreement") is made and entered into for the above
referenced Project by and between the City of Menifee ("City"), and LC Paving & Sealing Inc.
("Contractor"), whose principal business address is 330 Rancheros Dr Ste 208, San Marcos CA
92069 on the �2_()4'� day of June,2018.
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 Sun City Boulevard, located in the community of
Sun City in Menifee,California(hereinafter referred to as the"Property"). City participates in the
Community Development Block Grant ("CDBG") program administered by the United States
Department of Housing and Urban Development ("HUD") under Title I of the Housing and
Community Development Act of 1974(42 U.S.C. §§ 5301 et seq.) as amended from time to time,
and the regulations promulgated thereunder (24 C.F.R. §§ 570 et seq.). Pursuant to the CDBG
program,City receives funds from HUD("CDBG Funds")to be used for the support of community
development activities that meet at least one of the three national objectives of the program: (i)
benefiting low and moderate income persons,(ii)preventing and eliminating slums and blight,and
(iii) addressing a community development need having a particular urgency. City intends to use
CDBG Funds for the repair and/or rehabilitation of the Property(the"Project"). The purpose of
this Agreement is to obligate Contractor to complete the Project utilizing the financial assistance
and in accordance with the requirements of the CDBG program.
2. CONSTRUCTION
The Contractor agrees to do all the Work and furnish all the labor, services, materials and
equipment necessary to construct and complete the Project in accordance with the Contract
Documents (as hereinafter defined), including all work, labor, services, materials and equipment
described and reasonably inferable from documents enumerated in Exhibit "A" attached hereto
and incorporated herein by reference(such construction and furnishing of labor,service,materials
and equipment hereinafter referred to as the"Work")in a good worker-like and substantial manner
and to the satisfaction of the City, in connection with the Sun City Boulevard ADA
Improvements,CIP 18-04 to be constructed 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 foi'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.
3. CONTRACT PRICE
City hereby agrees to pay and the Contractor agrees to accept as full compensation for all Work
performed in accordance with these Contract Documents the Contract Price as set forth in
Exhibit"B", Contract Price, attached hereto and incorporated herein by reference. Payments to
the Contractor shall be made in the manner described in the Special Provisions.
4. TIME FOR PERFORMANCE
Time is of the essence in the performance of Work for this Agreement and all timing requirements
shall be strictly adhered to unless otherwise modified by the City in accordance with these Bid and
Contract Documents.
The Contractor shall complete the Work in every detail to the satisfaction of the City,exclusive of
maintenance periods,within the specified duration set forth in the Notice to Proceed.
5. DELAYS AND EXTENSIONS OF TIME
See Section 6-6 of the Special Provisions.
6. LABOR CODE REQUIREMENTS
Pursuant to Labor Code Section 1771.1, the Contractor and all subcontractors shall be registered
with the Department of Industrial Relations. Pursuant to Labor Code Section 1771.4, the
Contractor is hereby notified that this Project is subject to compliance monitoring and enforcement
by the Department of Industrial Relations. [EFFECTIVE APRIL 1, 2015.]
Pursuant to Labor Code section 1771.4, each contractor and subcontractor must furnish electronic
certified payroll records specified in Labor Code section 1776 directly to the Labor Commissioner
at least monthly.
7. NON-DISCRIMINATION
In the performance of this Agreement,the Contractor shall not refuse or fail to hire or employ any
qualified person, or bar or discharge from employment any person, or discriminate against any
person,with respect to such person's compensation,terms,conditions or privileges of employment
because of such person's race, religious status, sex or age.
8. AUTHORIZED CITY REPRESENTATIVES
On behalf of the City, the City Engineer of the City of Menifee shall be the City's authorized
representative in the interpretation and enforcement of all Work performed in connection with this
Agreement. The City Engineer may delegate authority in connection with this Agreement to
his/her assigned designees.
9. WORKERS' COMPENSATION INSURANCE
a) By my signature hereunder,as Contractor,I certify that I am aware of the provisions
of Section 3700 of the Labor Code, which requires every employer to be insured against liability
for Workers'.Compensation or to undertake self-insurance in accordance with the provisions of
that Code, and I will comply with such provisions before commencing the performance of the
Work of this Agreement.
b) The Contractor shall require each subcontractor to comply with the requirements
of Section 3700 of the Labor Code. Before commencing any Work, the Contractor shall cause
each subcontractor to execute the following certification:
"I am aware of the provisions of Section 3700 of the Labor Code, which
requires every employer to be insured against liability for worker's
compensation or to undertake self-insurance in accordance with the
provisions of that Code, and I will comply with such provisions before
commencing the performance of the Work of this Agreement."
10. ENTIRE AGREEMENT; CONFLICT
The Contract Documents comprise the entire agreement between the City and the Contractor with
respect to the Work. In the event of conflict between the terms of this Agreement and the bid of
the Contractor, then this Agreement shall control and nothing herein shall be considered as an
acceptance of the terms of the bid conflicting herewith.
11. MAINTENANCE OF AGREEMENT DOCUMENTATION
Contractor shall maintain all books,documents,papers,employee time sheets,accounting records
and other evidence pertaining to costs incurred and shall make such materials available at its office
at all reasonable times during the term of this Agreement and for five (5) years from the date of
final payment under this Agreement, for inspection by City and copies thereof shall be furnished
to City if requested.
Under California Government Code Section 8546.7,if the amount of public funds expended under
this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), this Agreement shall be
subject to the examination and audit of the State Auditor, at the request of City or as part of any
audit of City, for a period of three(3)years after final payment under this Agreement.
12. CDBG REQUIREMENTS
Contractor shall perform the Work in conformity with all applicable federal,state,and local laws,
regulations, and rules of governmental agencies having jurisdiction, including without limitation,
the CDBG Requirements (except that (1) Contractor does not assume the environmental
responsibilities described in 24 C.F.R. § 570.604, and (2) Contractor does not assume the
responsibility for initiating the review process under the provisions of 24 C.F.R.Part 52),the legal
requirements set forth in Exhibit C attached to this Agreement and the statutes referenced therein,
all provisions of the Municipal Code of the City of Menifee, and all federal and state fair labor
standards, including the payment of prevailing wages and compliance with the Davis-Bacon Act.
"CDBG Requirements"shall collectively refer to the requirements of Title I of the Housing and
Community Development Act of 1974 (42 U.S.C. §§ 5301 et seq.)as amended from time to time,
and the implementing regulations set forth in 24 C.F.R. §§ 570 et seq. as amended from time to
time, and the requirements set forth and referred to in Exhibit C attached to this Agreement. In
the case of any conflict between the CDBG Requirements and this Agreement, the CDBG
Requirements shall control; it being understood, however, that in order to be in compliance with
this Agreement and the CDBG Requirements,Contractor shall,to the extent possible,comply with
the most restrictive provisions in this Agreement and the CDBG Requirements. Contractor shall
not hire or employ any person to perform work within City or allow any person to perform the
Work required under this Agreement unless such person is properly documented and legally
entitled to be employed within the United States. Contractor acknowledges and agrees that it shall
be and remain, and shall cause Contractor personnel to be and remain, fully knowledgeable and
apprised of all local, state and federal laws, rules, and regulations in any manner affecting the
performance under this Agreement, including the CDBG Requirements. The statutory penalties
for failure to pay prevailing wage or to comply with State wage and hour laws will be enforced.
In accordance with the provisions of Labor Code Sections 1810 et seq., eight(8)hours is the legal
working day. Contractor must forfeit to City TWENTY FIVE DOLLARS ($25.00) per day for
each worker who works in excess of the minimum working hours when Contractor does not pay
overtime. Contractor shall indemnify, protect, defend, and hold harmless City and its officials,
officers, employees,and agents,with counsel reasonably acceptable to City,from and against any
and all loss, liability,damage,claim,cost,expense and/or"increased costs"(including reasonable
attorneys' fees, court and litigation costs,and fees of expert witnesses)that results or arises in any
way from any of the following: (a)the noncompliance by Contractor of any applicable local,state
and/or federal law, including, without limitation, any applicable federal and/or state labor laws
(including, without limitation, if applicable, the requirement to pay state or federal prevailing
wages and hire apprentices); (b) the implementation of Section 1781 of the Labor Code, as the
same may be amended from time to time,or any other similar law;and/or(c)failure by Contractor
to provide any required disclosure or identification as required by Labor Code Section 1781, as
the same may be amended from time to time, or any other similar law. The foregoing indemnity
shall survive termination or expiration of this Agreement. It is agreed by the parties that Contractor
shall bear all risks of payment or nonpayment of prevailing wages under federal law and California
law and/or the implementation of Labor Code Section 1781, as the same may be amended from
time to time, and/or any other similar law. "Increased costs," as used in this Section, shall have
the meaning ascribed to it in Labor Code Section 1781, as the same maybe 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 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
This Agreement and the Contract Documents shall be construed under and in accordance with the
laws of the State of California,and the appropriate venue for any action or proceeding arising from
this Agreement and/or the Contract Documents shall be had in the Superior Court of Riverside,
Temecula Branch
16. COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which shall for all
purposes be deemed to be an original.
17. FALSE CLAIMS
Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud
and Contractor may be subject to criminal prosecution. Contractor acknowledges that the False
Claims Act, California Government Code sections 12650, et seq., provides for civil penalties
where a person knowingly submits a false claim to a public entity. These provisions include within
their scope false claims made with deliberate ignorance of the false information or in reckless
disregard of the truth or falsity of the information. In the event the City seeks to recover penalties
pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys'
fees. Contractor hereby acknowledges that the filing of a false claim may the Contractor to an
administrative debarment proceeding wherein Contractor may be prevented from further bidding
on public contracts for a period of up to five (5)years.
I have read and understood all of the provisions of thisAiial)
17, above:
(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.
IN WITNESS WHEREOF this Agreement is executed as of the date first written above.
CITY: CONTRACTOR:
City of Menifee LC Pavin c n
Bt � By:
rlf
Sx F}• Sobs K,Mayor-Pro l� s: 1�(a aewl
APPROVED AS TO FORM: By:
Name:
By: � Its:
Jeffrey T. Melching, City mey
ATTEST:
By. c)
arah Manwaring, City k Contractor's City Business License No.
62610 A- B- C12
State Contractor License No. & Class
330 Rancheros Drive, Suite 208
Street Address
San Marcos, CA 92609
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.]
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 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
EXHIBIT B
CONTRACT PRICE
The Contract Price for performing all Work described in the Contract Documents,including labor,
materials, services and equipment is the total amount of all lump sum items and of all unit price
sums,determined by multiplying the unit price for each item times the actual quantity of each such
item, as determined by the City.
The total contract amount is in the not-to-exceed amount of$63,276.05 (Sixty-Three Thousand
Two Hundred Seventy-Six Dollars and Five Cents)
BIDDER'S PROPOSAL
CIP 18-04 Sun City Boulevard ADA Improvements
The undersigned hereby proposes to furnish any and all labor,materials,and equipment for the
Sun City Boulevard ADA Improvements,CIP 18-04 and appurtenant work in connection
therewith,said work to be done and materials to be furnished in strict conformity with the
plans,specifications,all other referenced documents and all codes and regulations the prices
shown on this proposal.
The undersigned has examined the location of the proposed work,and is familiar with the plans
and specifications and the local conditions at the place the work is to be done, and also
understands that the project will be completely constructed in turn-key condition acceptable to
the Owner be for the price of the proposal, including all fees and sales tax upon any materials
so furnished. The undersigned has also carefully checked all of the figures given and
understands that the Owner will be responsible for any errors or omissions on the part of the
undersigned in submitting this proposal.
The Contractor confirms that his/her bid is submitted with respect to the changes to the
contract included in all addenda issued by the C��Owner. �ti
fi
Receipt is hereby acknowledged of Addenda No.(s) ��
The undersigned has examined the current State of California schedule of prevailing wage rates
for the types of work to be done on this project and agrees to pay not less than these rates.
Sun City Boulevard ADA Improvements BIDDER'S PROPOSAL(continued)
CIP 18-04
SCHEDULE A-ADA IMPROVEMENTS
ITEM ESTIMATED EXTENDED ITEM
No. DESCRIPTION UNIT QUANTITY UNIT PRICE AMOUNT
1 Mobilization/Demobilization LS 1 "o
2 Public Notification LS 1 1 r 1�� QQ l� L111/t
3 Traffic Control LS 1 I -15W.00
4 Temporary Construction BMP's LS 1
5 Sawcut Existing AC and PCC LF 331 Zug �S
6 Remove Signing and Striping Ls 1 t—�5-D 6)
I �V
7* Remove PCC and AC SF 1046 LAJ� �'�D") A/►
8* Remove 6"Curb and Gutter LF 113 2C6 LS
9 Install 6"Curb and Gutter LF 113 1 5 00
10 Install 6"Concrete Curb LF 57 60
11 Replace Full depth AC section(11") TON 15.3 l 06
12** Install 4"PCC for pedestrian ramps SF 339 00
13** Install 6"PCC Pavement CY 6 Lq 0
14** Install Detectable Warning System EA 6 SO X
15 Striping and signage LS 1 S7i�.�
16** Install 4"PCC Sidewalk SF 579 6 ,G 4o ! t�
�/' 06\
17 Remove and replace 3"PVC Pipe
LF 15
(match existing) 140- c)
18 Clear and Grub SF 83 I ( 0 IL-01 n�
TOTALBID `L/� v`hs
* include all work and labor necessary to remove and dispose of all existing concrete or other material. Existing
concrete will be sawcut at the terminus of a complete panel or joint to the satisfaction of the Engineer.The area
to be removed may need to extend beyond the dimensions shown in the Contract Documents or reference
drawing(s) to provide enough transition area so all new work placed is ADA compliant. Contractor shall
investigate each location and ensure all necessary work including the transitions areas are included in the cost of
the bid item. Bid item also includes up to 6-in of export and/or import. Bid item also includes the cutting back of
1-2
Sun City Boulevard ADA Improvements BIDDER'S PROPOSAL(continued)
CIP 18-04
any roots. The Contractor shall provide the City with 48 hours advance notice in writing prior to any root
trimming to confirm the limits with City Staff. Unit cost also includes removal, replacement, relocation, and/or
adjustment to grade of any public and/or private improvements during demolition and/or construction as
necessary to complete the work, including but not limited to, asphalt(including cold milling), survey markers of
any kind,posts,and signs.
** The contractor shall be responsible for ensuring any newly constructed work is ADA compliant which may
include modifications to standard drawings to address site/location specific issues. If any of the work installed is
not ADA compliant,at the sole discretion of the Engineer,said work shall be immediately removed and replaced
at no charge to the City.
TOTAL BID AMOUNT(in numbers).
(,e7,Z1L�V t�s
TOTAL BID AMOUNT(in words)
Q911 ` Dollars and Cents
Contractor's Initials
In the event of aVariationween the unit price and extended total,the unit price will be used
and the corrected extension will be considered as the amount bid. If the bid is illegible and
cannot be reconciled it will be considered non-responsive and will not be considered for award.
The lowest responsive bidder shall be determined by comparing sum of the base bid amount(s)
with that of all additive or alternative bids (if any) of bidders deemed by the Owner to be
responsive in all other aspects. If equal law bids are received from responsible and responsive
bidders the selection shall be made by drawing lots, or other similar random blind method
selected by the Owner. If only one responsive bid is received from a responsible bidder the
award shall not be made unless the price can be determined to be reasonable based on an
analysis by the Owner. The Owner's determination as to the reasonableness of any such bid
shall be final.
All bids received shall be recorded on an abstract(tabulation)of bids,and then made available
for public inspection.
The quantities listed in the bid proposal are provided to give a general indication of the scope of
the work and for the comparison of bids. No warranty is made, either expressed or implied,
that the actual quantifies of work to be done will correspond therewith. Item numbers
followed by"(S)"are designated as specialty items.
By signing and submitting this bid the Contractor confirms that they are familiar with the work
site and all existing conditions that may affect their work and that they have read and agree to
all the terms, conditions and requirements contained or referenced herein and that all the
1-3
Sun City Boulevard ADA Improvements BIDDER'S PROPOSAL(continued)
CIP 18-04
aforementioned has been included in the bid prices listed above including items of work that
may not have a specific pay line item and that there shall be no additional costs to the Owner.
WARNING:If an addendum or addenda have been issued by the Owner and not noted above
as being received by the bidder,this Bid may be rejected.
Complete the following:
I C Pavinrl P. ';paiinnr Tnr
Legal name of the usiness
C nr rnor_atinn
Business Type(Corporation,Partnership,Sole Proprietor)
oft,,
DBA(if any)
1,gP-'llinas - President, \/P, ' tPrratary, Tread Irer
Name
`and
`title of the owner
0 1 W
Name and title of second partner or officer
330 Ranr rep Dr, Suit�208, San Marcos, CA 92069
Business Address
(760) 792-174-1
Telephone number
(�760) 7S2-1674
Facsimi�e number
marica0 rpayinq rorn
Email address of primary contact
�AAAAI C�YI
Company we address
nature of Prime Contractor Date Signature of Prime Contractor Date
Jose Salinas-President,VP,Secretary,Treasurer
Print name and title Print name and title
(if the Prime Contractor is a corporation two signatures of corporate officers are required.)
1-4
Sun City Boulevard ADA Improvements BIDDER'S PROPOSAL(continued)
CIP 18-04
CERTIFICATE REGARDING CONTRACTOR'S LICENSE
1. Contractor is required to possess one of the following State Contractor's License:
State of California Class"A and/or C-8"Contractor's License
2. A failure to possess the required license, a failure to truthfully set forth the following
information, or a failure to execute this Certificate renders the proposal nonresponsive and
requires the City to reject the proposal.(Business and Professions Code Section 7028.15)
3. Contractor declares, under penalty of perjury, that he possesses the required
Contractor's license(s)which:
a. Bears the license number(s): 621610
b. Expires on:DR/31/201 R
�L-- 51;�,),6
nature of Prime Contractor Date Signature of Prime Contractor Date
lose Salinas- Pr sirlenr VP. Sarreta;i Treasurer
Print name and title Print name and title
(if the Prime Contractor is a corporation two signatures of corporate officers are required.)
This required license determination has been made by the Owner. Any Contractor holding a
different license who feels he is qualified to bid on this work must so advise the owner at least
seven (7) days prior to the bid opening. A review of the contemplated work will be made and
the Owner's decision as to the required license will be final.
1-5
EXHIBIT C
SUMMARY OF LEGAL REQUIREMENTS
In addition to the requirements set forth in other provisions of the Agreement, Contractor
shall comply, and shall cause all of Contractor's personnel to comply, with the following
regulations and requirements insofar as they are applicable to the performance of the Agreement.1
1. Equal Opportunity and Nondiscrimination.
a. Title VI of the Civil Rights Act of 1964, as amended, including Public
Law 88-352 implemented in 24 C.F.R. Part 1. This law provides in part that no person shall,on
the grounds of race, color, or national origin be excluded from participation in, be denied the
benefits of, or be subjected to discrimination under any program or activity receiving federal
financial assistance. In regard to the sale or lease of property, Contractor shall cause or require a
covenant running with the land to be inserted in the deed and leases prohibiting discrimination
under this Title, and providing that City and the United States are beneficiaries of and entitled to
enforce such covenants. Contractor shall enforce such covenant and shall not itself so
discriminate.
b. Fair Housing Act, Title VIII of the Civil Rights Act of 1968, as
amended, including Public Law 90-234. The Fair Housing Act provides in part that there shall
be no discrimination in housing practices on the basis of race, color, religion, sex, and national
origin. The Fair Housing Act was amended in 1988 to provide protections from discrimination in
any aspect of the sale or rental of housing for families with children and persons with disabilities.
The Fair Housing Act also establishes requirements for the design and construction of new rental
or for-sale multi-family housing to ensure a minimum level of accessibility for persons with
disabilities.
C. Section 109 of Title I of the Housing and Community Development Act
of 1974, as amended, including 42 U.S.C. 5301 et. seq., 42 U.S.C. 6101 et. seq., and 29 U.S.C.
794. This law provides in part that no person on the grounds of race, color, national origin, sex,
or religion shall be excluded from participation in,be denied the benefits of,or otherwise be subject
to discrimination under any activity funded in whole or part with funds under this Title.
d. Section 104(b) of Title I of the Housing and Community Development
Act of 1974, as amended, including 42 U.S.C. 5301 et. seq. This law provides in part that any
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.
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.
e. Executive Order 11246, as amended. This order includes a requirement
that grantees and subrecipients and their contractors and subcontractors not discriminate against
any employee or applicant for employment because of race,color,religion,sex,or national origin.
f. Executive Order 11063,as amended,including 24 C.F.R.Part 107. This
order and its implementing regulations include requirements that all actions necessary be taken to
prevent discrimination because of race, color, religion, sex, or national origin in the use,
occupancy, sale, leasing, rental, or other disposition of property assisted with federal loans,
advances,grants, or contributions.
g. Section 504 of the Rehabilitation Act of 1973, as amended. This Act
specifies in part that no otherwise qualified individual shall solely by reason of his or her disability
or handicap be excluded from participation (including employment), denied program benefits,or
subjected to discrimination under any program or activity receiving federal assistance.
h. The Americans with Disabilities Act(ADA)of 1990, as amended. This
Act prohibits discrimination on the basis of disability in employment by state and local
governments and in places of public accommodation and commercial facilities. The ADA also
requires that facilities that are newly constructed or altered,by, on behalf of,or for use of a public
entity, be designed and constructed in a manner that makes the facility readily accessible to and
usable by persons with disabilities. The Act defines the range of conditions that qualify as
disabilities and the reasonable accommodations that must be made to assure equality of
opportunity,full participation,independent living, and economic self-sufficiency for persons with
disabilities.
i. The Age Discrimination Act of 1975, as amended. This law provides in
part that no person shall be excluded from participation in, be denied program benefits, or
subjected to discrimination on the basis of age under any program or activity receiving federal
assistance.
j. EEO/AA Statement. Contractor shall,in all solicitations or advertisements
for employees placed by or on behalf of Contractor, state that it is an Equal Opportunity or
Affirmative Action employer.
k. Minority/Women Business Enterprise. Contractor will use its best efforts
to afford small businesses and minority and women-owned business enterprises the maximum
practicable opportunity to participate in the performance of the Agreement. As used in the
Agreement,the term"small business"means a business that meets the criteria set forth in Section
3(a) of the Small Business Act, as amended (15 U.S.C. 632), and "minority and women-owned
business enterprise" means a business at least fifty-one percent (51%) owned and controlled by
minority group members or women. For the purpose of this definition,"minority group members"
are Afro-Americans,Spanish-speaking,Spanish-surnamed or Spanish-heritage 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.
z Environmental.
a. Air and Water. Contractor shall comply with the following regulations
insofar as they apply to the performance of the Agreement:Clean Air Act,42 U.S.C.7401,et seq.;
Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251, et seq., as amended, 1318
relating to inspection, monitoring, entry, reports, and information, as well as other requirements
specified in said Section 114 and Section 308,and all regulations and guidelines issued thereunder;
and the U.S. Environmental Protection regulations pursuant to 40 C.F.R. Part 50, as amended.
b. Flood Disaster Protection Act of 1973. Contractor shall assure that for
activities located in an area identified by FEMA as having special flood hazards, flood insurance
under the National Flood Insurance Program is obtained and maintained.
C. Lead-Based Paint. Contractor shall comply with the Lead-Based Paint
Regulations referenced in 24 C.F.R. § 570.608, including 24 C.F.R.Part 35, et. al.
d. Historic Preservation. Contractor shall comply with the historic
preservation requirements set forth in the National Historic Preservation Act of 1966, as amended
(16 U.S.C.470) and the procedures set forth in 36 C.F.R. Part 800,Advisory Council on Historic
Preservation Procedures for Protection of Historic Properties and related laws and Executive
Orders, insofar as they apply to the performance of the Agreement. In general, this requires
concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of
historic properties that are fifty years old or older or that are included on a federal, state, or local
historic property list.
e. Limitation on Activities Pending Clearance. In accordance with 24
C.F.R. § 58.22 entitled"Limitations on activities pending clearance," neither a recipient nor any
participant in the development process, including public or private nonprofit or for-profit entities,
or any of their contractors, may commit HUD assistance under a program listed in 24 C.F.R.
§ 58.1(b) on an activity or project until HUD or the state has approved the recipient's Request for
Release of Funds (RROF) and the related certifications have been approved. Neither a recipient
nor any participant in the development process may commit non-HUD funds or undertake an
activity or project that would have an adverse environmental impact or limit the choice of
reasonable alternatives. Upon completion of environmental review or receipt of environmental
clearance,City shall notify Contractor. HUD funds shall not be utilized before this requirement is
satisfied. The environmental review or violation of the provisions may result in approval,
modification of cancellation of the Agreement. If a project or activity is exempt under 24 C.F.R.
§ 58.34, or is categorically excluded (except in extraordinary circumstances) under 24 C.F.R.
§ 58.35(b), no RROF is required and the recipient may undertake the activity immediately after
the City has documented its determination that each activity or project is exempt and meets the
conditions specified for such exemption under this section by issuing a Notice to Proceed.
3. Uniform Administrative Requirements. The uniform administrative
requirements described in 24 C.F.R. § 570.502.
4. Other Program Requirements. Contractor shall carry out each activity under the
Agreement in accordance with all applicable federal laws and regulations described in Subpart K
of 24 C.F.R. § 570 except for City's environmental responsibilities under 24 C.F.R. § 570.604 and
City's responsibility for initiating the review process under the provisions of 24 C.F.R. Part 52.
5. Reversion of Assets. In all contracts through which the City provides CDBG
Funds prior to performance of service or work rather than as payment for services or work already
retendered,Contractor shall transfer to City(a)any and all remaining,unspent CDBG Funds upon
completion of the Project and(b) any accounts receivable attributable to the use of CDBG Funds.
In all cases in which equipment acquired, in whole or in part, with funds under the Agreement is
sold, the proceeds shall be program income (prorated to reflect the extent to that funds received
under the Agreement were used to acquire the equipment). Equipment not needed by Contractor
for activities under the Agreement shall at the election of City either be (a)transferred to City for
the CDBG program,or(b)retained by Contractor after compensating City an amount equal to the
current fair market value of the equipment less the percentage of non-CDBG funds used to acquire
the equipment.
6. Relocation. City shall not be responsible for relocating any occupants from any
property. If required, Contractor shall have the sole and exclusive responsibility for providing
relocation assistance and paying all relocation costs required to comply with all applicable federal
and state laws, rules, and regulations, including the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970, 42 U.S.C. §4601 et seq., as amended, and
implementing regulations, and HUD Handbook 1378. Contractor shall indemnify, defend, and
hold City harmless from and against any claims, liabilities, damages, or losses made against it by
tenants or occupants of any property,including without limitation claims for relocation assistance,
inverse condemnation, and claims otherwise arising from any act or omission of Contractor
pursuant to the provision of relocation assistance.
7. Allowable Costs and Audits. Contractor shall comply with and administer the
Project in accordance with OMB Circular No. A-122 "Cost Principles for Non Profit
Organizations" or OMB Circular No. A-21 "Cost Principles for Educational Institutions", as
applicable. If Contractor is a governmental or quasi-governmental agency,the applicable sections
OMB Circular A-87"Cost Principles for State,Local,and Indian Tribal Governments"shall apply.
Contractor shall have an annual audit conducted in accordance with OMB Circular No. A-133,
"Audits of States, Local Governments, and Non-Profit Organizations."
8. Records and Reports. Contractor shall provide to City and shall cause each of its
contractors, subcontractors,and subrecipients to provide to City all records and reports relating to
the Project that may be reasonably requested by City in order to enable it to perform its record
keeping and reporting obligations pursuant to the CDBG Requirements, including but not limited
to those described in the Agreement and 24 C.F.R. § 570.506.
9. Religious Organizations. If Contractor is a religious organization as defined by
the CDBG Requirements, Contractor shall comply with all conditions prescribed by HUD for the
use of CDBG Funds by religious organizations, including the First Amendment of the United
States Constitution regarding church/state principles and the applicable constitutional prohibitions
set forth in 24 C.F.R. § 570.2000).
10. Conflict of Interest. Contractor will comply with 24 C.F.R.570.611 regarding the
avoidance of conflict of interest,which provisions include (but are not limited to)the following:
i. Contractor shall maintain a written code or standards of conduct that shall
govern the performance of its officers, employees or agents engaged in the award and
administration of contracts supported by federal funds.
ii. No employee, officer or agent of the Contractor shall participate in the
selection, or in the award, or administration of, a contract supported by federal funds if a conflict
of interest, real or apparent,would be involved.
iii. No covered persons who exercise or have exercised any functions or
responsibilities with respect to CDBG-assisted activities, or who are in a position to participate in
a decision-making process or gain inside information with regard to such activities,may obtain a
financial interest in any contract, or have a financial interest in any contract, subcontract, or
agreement with respect to the CDBG-assisted activity, or with respect to the proceeds from the
CDBG-assisted activity, either for themselves or those with whom they have business or
immediate family ties, during their tenure or for a period of one (1) year thereafter. For purposes
of this paragraph, a"covered person" includes any person who is an employee, agent, consultant,
officer,or elected or appointed official of the City,the Contractor,or any designated public agency.
11. Political Activity (24 C.F.R. §570.207(a)(3)). Contractor is prohibited from
using CDBG Funds to finance the use of facilities or equipment for political purposes or to engage
in other partisan political activities, such as sponsoring candidate forums, distributing brochures,
voter transportation,or voter registration.
12. Anti-Lobbying Certification. By its execution of the Agreement, Contractor
hereby certifies that:
i. No federal appropriated funds have been paid or will be paid, by or on
behalf of it,to any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress,an officer or employee of Congress,or an employee of a Member
of Congress in connection with the awarding of any federal contract, the making of any federal
grant, the making of any federal loan, the entering into of any cooperative agreement, and the
extension, continuation,renewal,amendment,or modification of any federal contract,grant,loan,
or cooperative agreement.
ii. If any funds other than federal appropriated funds have been paid or will be
paid to any person for influencing or attempting to influence an officer or employee of any agency,
a Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with this federal contract, grant, loan, or cooperative agreement, it will
complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying,"in accordance
with its instructions.
iii. It will require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under
grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose
accordingly.
This certification is a material representation of fact upon which reliance was placed when
this transaction was made or entered into. This certification is a prerequisite for making or entering
into this transaction imposed by section 1352, title 31, U.S.C. Any person who fails to file the
required certification shall be subject to a civil penalty of not less than$10,000 and not more than
$100,000 for each such failure. At the request of City, Contractor shall execute a separate
document that contains the certifications set forth above.
13. Drug-Free Workplace Requirements. Contractor shall comply with and be
subject to the requirements of the federal drug-free workplace requirements, which include the
following actions be taken:
i. Publishing a statement notifying employees that the unlawful manufacture,
distribution,dispensing,possession,or use of a controlled substance is prohibited in the workplace
and specifying the actions that will be taken against employees for violation of such prohibition.
ii. Establishing an ongoing drug-free awareness program to inform employees
about: (a) the dangers of drug abuse in the work place; (b) the employer's policy of maintaining
a drug-free workplace; (c) any available drug counseling, rehabilitation, and employee
assistance programs; and (d) the penalties that may be imposed upon employees for drug abuse
violations occurring in the workplace.
iii. Making it a requirement that each employee to be engaged in the
performance of the grant be given a copy of the statement required by paragraph(i).
iv. Notifying the employee in the statement required by paragraph(i)that,as a
condition of employment under the grant, the employee will: (a) abide by the terms of the
statement; and (b) notify the employer in writing of his or her conviction for a violation of a
criminal drug statute occurring in the workplace no later than five (5) calendar days after such
conviction.
V. Notifying City in writing, within ten (10) calendar days after receiving
notice under sub-paragraph(iv)(b)from an employee or otherwise receiving actual notice of such
conviction. Employers of convicted employees must provide notice, including position title, to
every grant officer or other designee on whose grant activity the convicted employee was working,
unless the federal agency has designated a central point for the receipt of such notices. Notice
shall include the identification number(s)of each affected grant.
vi. Taking one of the following actions, within thirty (30) calendar days of
receiving notice under subparagraph(iv)(b),with respect to any employee who is so convicted:(a)
taking appropriate personnel action against such an employee, up to and including termination,
consistent with the requirements of the Rehabilitation Act of 1973, as amended; or(b)requiring
such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program
approved for such purposes by a federal,state or local health,law enforcement,or other appropriate
agency.
vii. Making a good faith effort to continue to maintain a drug-free workplace
through implementation of paragraphs(i), (ii), (iii), (iv), (v), and(vi).
14. Procurement. Contractor will comply with the procurement standards under 2
C.F.R. §§ 200.317-200.326. Contractor shall comply with all existing and 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.
§ 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. § 170lu
("Section 3"). The purpose of Section 3 is to ensure that employment and other economic
opportunities generated by HUD assistance or HUD-assisted projects covered by Section 3,shall,
to the greatest extent feasible, be directed to low- and very low-income persons, particularly
persons who are recipients of HUD assistance for housing.
ii. The parties to this contract agree to comply with HUD's regulations in 24
C.F.R.Part 135,which implement Section 3. As evidenced by their execution of this contract,the
parties to this contract certify that they are under no contractual or other impediment that would
prevent them from complying with the Part 135 regulations.
iii. The contractor agrees to send to each labor organization or representative
of workers with which the contractor has a collective bargaining agreement or other understanding
if any, a notice advising the labor organization or workers' representative of the contractor's
commitments under this Section 3 clause, and will post copies of the notice in conspicuous places
at the work site where both employees and applicants for training and employment positions can
see the notice. The notice shall describe the Section 3 preference,shall set forth minimum number
and job titles subject to hire,availability of apprenticeship and training positions,the qualifications
for each; and the name and location of the person(s)taking applications for each of the positions;
and the anticipated date the work shall begin.
iv. The contractor agrees to include this Section 3 clause in every subcontract
subject to compliance with regulations in 24 C.F.R.Part 135,and agrees to take appropriate action,
as provided in an applicable provision of the subcontract or in this Section 3 clause,upon a finding
that the subcontractor is in violation of the regulations in 24 C.F.R. Part 135. The contractor will
not subcontract with any subcontractor where the contractor has notice or knowledge that the
subcontractor has been found in violation of the regulations in 24 C.F.R. Part 135.
V. The contractor will certify that any vacant employment positions,including
training positions, that are filled (1) after the contractor is selected but before the contract is
executed, and (2) with persons other than those to whom the regulations of 24 C.F.R. Part 135
require employment opportunities to be directed, were not filled to circumvent the contractor's
obligations under 24 C.F.R.Part 135.
vi. Noncompliance with HUD's regulations in 24 C.F.R Part 135 may result in
sanctions,termination of this contract for default, and debarment or suspension from future HUD
assisted contracts.
Contractor shall abide by the Section 3 clause set forth above and will also cause this
Section 3 clause to be inserted in all contracts relating to the Project, if applicable.
b. Labor Standards. Contractor shall comply with the provisions of 24 C.F.R.
§ 570.603 and related requirements. Contractor shall include in all applicable construction
contracts the provisions of federal law imposing labor standards on federally assisted contracts.
Contractor shall comply with the requirements of the Secretary of Labor in accordance with the
Davis-Bacon Act as amended (40 U.S.C. 3141 through 3148), the provisions of Contract Work
Hours and Safety Standards Act (40 U.S.C. 327 et seq. and implementing regulations), the
Copeland Anti-Kick Back Act (40 U.S.C. 276c and 18 U.S.C. 874 et seq.), the implementing
regulations of the U.S. Department of Labor including 29 C.F.R. Parts 1, 3, 5, 6 and 7, and all
other applicable federal, state and local laws and regulations pertaining to labor standards insofar
as those acts apply to the performance of the Agreement. Contractor shall maintain documentation
that demonstrates compliance with these provisions and such documentation shall be made
available to City and HUD for review upon request. Contractor shall cause or require to be inserted
in full, in all such contracts subject to such regulations, provisions meeting the requirements of
this paragraph.
C. HUD Form 4010. Contractor shall comply and cause Contractor personnel to
comply with the provisions of HUD Form 4010 attached hereto. HUD Form 4010 must be
included in the bid packet and construction contract and subcontracts for the Project.
Federal Labor Standards Provisions U.S.Department of Housing
and Urban Development
Office of Labor Relations
Applicability (1) The work to be performed by the classification
The Project 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 utilized in the area by the
Standards Provisions are included in this Contract construction industry;and
pursuant to the Provisions applicable to such Federal (3) The proposed wage rate, including any bona fide
assistance. fringe benefits, bears a reasonable relationship to the
A. 1. (i) 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 once a week, and employed in the classification (if known), or their
without subsequent deduction or rebate on any account representatives. and HUD or its designee agree on the
(except such payroll deductions as are permitted by classification and wage rate
regulations issued by the Secretary of Labor under the 9 including the amount
designated for fringe benefits where appropriate), a report
Copeland Act (29 CFR Part 3). the full amount of wages of the action taken shall be sent by HUD or its designee to
and bona fide fringe benefits(or cash equivalents thereof) the Administrator of the Wage and Hour Division,
due at time of payment computed at rates not less than Employment Standards Administration, U.S.Department of
those contained in the wage determination of the Labor, Washington, D.C. 20210. The Administrator, or an
Secretary of Labor which is attached hereto and made a authorized representative, will approve, modify, or
part hereof, regardless of any contractual relationship disapprove every additional classification action within 30
which may be alleged to exist between the contractor and days of receipt and so advise HUD or its designee or will
such laborers and mechanics. Contributions made or notify HUD or its designee within the 30-day period that
costs reasonably anticipated for bona fide fringe benefits additional 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
5.5(a)(1)(iv); also, regular contributions made or costs (c) In the event the contractor, the laborers or mechanics
incurred for more than a weekly period (but not less 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 the proposed classification and wage rate (including the
constructively made or incurred during such weekly period. amount designated for fringe benefits, where appropriate),
HUD or its designee shall refer the questions, including
Such laborers and mechanics shall be paid the appropriate the views of all interested parties and the recommendation
wage rate and fringe benefits on the wage determination of HUD or its designee, to the Administrator for
for the classification of work actually performed, without determination. The Administrator, or an authorized
regard to skill, except as provided In 29 CFR 5.5(a)(4). representative,will issue a determination within 30 days of
Laborers or mechanics performing work in more than one receipt and so advise HUD or its designee or will notify
classification may be compensated at the rate specified for HUD or its designee within the 30-day period that
each classification for the time actually worked therein: additional time is necessary. (Approved by the Office of
Provided, That the employer's payroll records accurately Management and Budget under OMB Control Number
set forth the time spent in each classification in which 1215-0140.)
work is performed. The wage determination(including any
additional classification and wage rates conformed under (d) The wage rate (including fringe benefits where
29 CFR 5.5(a)(1)(h) and the Davis-Bacon poster (WH- appropriate) determined pursuant to subparagraphs
1321)shall be posted at all times by the contractor and its (1)(n)(b) 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
workers. the classification.
(if) (a) Any class of laborers or mechanics which is not (iii) Whenever the minimum wage rate prescribed in the
fisted in the wage determination and which is to be contract for a class of laborers or mechanics includes a
employed under the contract shall be classified in fringe benefit which is not expressed as an hourly rate,the
conformance with the wage determination. HUD shall contractor shall either pay the benefit as stated in the
approve an additional classification and wage rate and wage determination or shall pay another bona fide fringe
fringe benefits therefor only when the following criteria benefit or an hourly cash equivalent thereof.
have been met: (iv) If the contractor does not make payments to a trustee
or other third person, the contractor may consider as part
form HUD-4010(0612009)
Previous editions are obsolete Page 1 of 5 ref.Handbook 1344.1
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 fide fringe affected, and records which show the costs anticipated or
benefits under a plan or program, Provided, That the the actual 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 met. The Secretary of Labor may registration of apprenticeship programs and certification of
require the contractor to set aside in a separate account trainee programs, the registration of the apprentices and
assets for the meeting of obligations under the plan or trainees, and the ratios and wage rates prescribed in the
program. (Approved by the Office of Management and applicable programs. (Approved by the Office of
Budget under OMB Control Number 1215-0140.) Management and Budget under OMB Control Numbers
2. Withholding. HUD or its designee shall upon its own 1215-0140 and 1215-0017.)
action or upon written request of an authorized (ii) (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 copy of all
cause to be withheld from the contractor under this payrolls to HUD or its designee if 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 so much of the HUD or its designee. The payrolls submitted 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 5-5(a)(3)(i)except that full
apprentices, trainees and helpers, employed by the social security numbers and home addresses shall not be
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
laborer or mechanic, including any apprentice, trainee or each employee(e.g.,the last four digits of the employee's
helper, employed or working on the site of the work, all or social security number). The required weekly payroll
part of 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. Optional Form WH-347 is available for this purpose from
sponsor, applicant, or owner, take such action as may be the Wage and Hour Division Web site at
necessary to cause the suspension of any further httD71AYww-dol.gov/esaAvhd/f`orms/wh347instr-htm 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 such amounts Contractors and subcontractors shall maintain the full
withheld for and on account of the contractor or social security number and current address of each
subcontractor to the respective employees to whom they covered worker, and shall provide them upon request to
are due. The Comptroller General shall make such HUD or its designee 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 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 or 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 for purposes of an
period of three years thereafter for 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
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 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 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 I(b)(2)(B) of the Davis-bacon Act), daily and 1215-0149.)
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 Compliance," signed by the contractor or
found under 29 CFR 5.5 (a)(1)(iv) that the wages of any subcontractor or his or her agent who pays or supervises
laborer or mechanic include the amount of any costs the payment of the 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)(B) of the Davis- (1) 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 (a)(3)(ii), the appropriate information is being maintained
enforceable, that the plan or program is financially under 29 CFR 5.5(a)(3)(i), and that such information is
responsible, and that the plan or program has been correct and complete;
Previous editions are obsolete form HUD-4010(06l2009)
Page 2 of 5 ref.Handbook 1344.1
(2) That each laborer 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 wages wage determination for the classification of work actually
earned, without rebate, either directly or indirectly, and performed. In addition,any apprentice performing work on
that no deductions have been made either directly or the job site in excess of the ratio permitted under the
indirectly from the full wages earned, other than registered program shall be paid not less than the
permissible deductions as set forth in 29 CFR Part 3; applicable wage rate on the wage determination for the
(3) That each laborer or mechanic has been paid not less work actually performed. Where a contractor is performing
than the applicable wage rates and fringe benefits or cash construction on a project in a locality other than that in
equivalents for 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 journeyman's hourly
incorporated into the contract. rate) specified in the contractor's or subcontractor's
registered program shall be observed. Every apprentice
(c) The weekly submission of a properly executed must be paid at not less than the rate specified in the
certification set forth on the reverse side of Optional Form registered program for the apprentice's level of progress,
NH-347 shall satisfy the requirement for submission of the expressed as a percentage of the journeymen hourly rate
'Statement of Compliance" required by subparagraph A.3.(ii)(b). specified in the applicable wage determination.
Apprentices shall 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 program does 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 United States Code. listed on the wage determination for the applicable
(iii) The contractor or subcontractor shall make the classification. If the Administrator determines that a
records required under subparagraph A.3.(i) 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 HUD or its designee or the Department determination. In the event the Office of Apprenticeship
of Labor, and shall permit such representatives to Training, Employer and Labor Services, or a State
interview employees during working hours on the job. If Apprenticeship Agency recognized by the Office,
the contractor or subcontractor fails to submit the required withdraws approval of an apprenticeship program, the
records or to make them available, HUD or its designee contractor will no longer be permitted to utilize
may, after written notice to the contractor, sponsor, apprentices at less than the applicable predetermined rate
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. Furthermore, failure to submit the (II) Trainees. 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 for debarment action pursuant to predetermined rate for 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
(i) Apprentices. Apprentices will be permitted to work at formal certification by the U.S. Department of 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 shall 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 of Labor, Employment and Training Administration. Every trainee
Employment and Training Administration, Office of must be paid 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 rate
Office, or if a person is employed in his or her first 90 specified in the applicable 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. If the trainee program
registered in the program, but who has been certified by does not mention fringe benefits, trainees shall be paid
the Office of Apprenticeship Training, Employer and Labor the full amount of fringe benefits listed on the wage
Services or a State Apprenticeship Agency (where determination unless the Administrator of the Wage and
appropriate)to be eligible for probationary employment as Hour Division determines that there is an apprenticeship
an apprentice. The allowable ratio 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 work force under the registered program. Any employee listed on the payroll at a trainee rate who is not
worker listed on a payroll at an apprentice wage rate, who registered and participating in a training plan approved by
Previous edtions are obsolete form HUDAM(062009)
Page 3 of 5 ref.Handbook 1344.1
the Employment and Training Administration shall 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 performed. In addition. (ii) No part of this contract shall be subcontracted to any
any trainee performing work on the job site in excess of person or firm ineligible for award of a Government
the ratio permitted under the registered program shall be contract by virtue of Section 3(a) of the Davis-Bacon Act
paid not less than the applicable wage rate on the wage or 29 CFR 5.12(a)(1) or to be 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 (iii) The penalty for making 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. 1001. Additionally,
the applicable predetermined rate for the work performed U.S. Criminal Code, Section 1 01 0, Title 18, U.S.C.,
until an acceptable program is approved. "Federal Housing Administration transactions", provides in
part: "Whoever, for the purpose of. . . influencing in any
(iii) Equal employment opportunity. The utilization of way the action of such Administration.__.. makes, utters or
apprentices,trainees and journeymen under 29 CFR Part 5 publishes any statement knowing the same to be false.....
shall be in conformity with the equal employment shall be fined not more than 55,000 or imprisoned not
opportunity requirements of Executive Order 11246. as more than two years,or both_"
amended,and 29 CFR Part 30.
11. Complaints, Proceedings, or Testimony by
5. Compliance with Copeland Act requirements. The Employees. No laborer or mechanic to whom the wage,
contractor shall comply with the requirements of 29 CFR salary,or other labor standards provisions of this Contract
Part 3 which are incorporated by reference in this contract are applicable shall be discharged or in any other manner
6. 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 t through 11 in this paragraph A and such complaint or instituted or caused to be instituted any
other clauses as HUD or its designee may by appropriate proceeding or has testified or 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 B. Contract Work Hours and Safety Standards Act. The
subcontracts. The prime contractor shall be responsible provisions of this paragraph B are applicable where the amount of the
for the compliance by any subcontractor or lower tier prim,contract exceeds S100,000. As used in this paragraph, the
subcontractor with all the contract clauses in this paragraph. terms"laborers'and"mechanics"include watchmen and guards
(1) Overtime requirements. No contractor or subcontractor
7. Contract termination; debarment. A breach of the contracting for any part of the contract work which may require or
contract clauses in 29 CFR 5.5 may be grounds for involve the employment of laborers or mechanics shall require or
termination of the contract and for debarment as a wit any such laborer or mechanic in any workweek in which the
contractor and a subcontractor as provided in 29 CFR individual is employed on such watt to work in excess of 40 hours in
5.12. such workweek unless such laborer or mechanic receives
S. Compliance with Davis-Bacon and Related Act Requirements. compensation at a rate not less than one and one-half times the basic
All rulings and interpretations of the Davis-Bacon and rate of pay for all hours v"ked in excess of 40 hours in such
Related Acts contained in 29 CFR Parts 1, 3, and 5 are :wrkweek.
herein incorporated by reference in this contract (2) Violation; liability for unpaid wages; liquidated
9. Disputes concerning labor standards. Disputes damages. In the event of any violation of the clause set
arising out of the labor standards provisions of this forth in subparagraph (1)of this paragraph,the contractor
contract shall not be subject to the general disputes and any subcontractor responsible therefor shall be liable
clause of this contract_ Such disputes shall be resolved in for the unpaid wages. In addition, such contractor and
accordance with the procedures of the Department of subcontractor shall be liable to the United States (in the
Labor set forth 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 Columbia or a territory, to such District or to such
the contractor (or any of its subcontractors) and HUD or 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,
10. (1) Certification of Eligibility. By entering into this employed in violation of the clause set forth in
contract the contractor certifies that neither it (nor he or subparagraph(1)of this paragraph, in the sum of$10 for each
she) nor any person or firm who has an interest in the calendar day on which such individual was required or permitted to
contractor's firm is a person or firm ineligible to be work in excess of the standard workweek of 40 hours without payment
awarded Government contracts by virtue of Section 3(a)of of the overtime wages required by the clause set forth in sub
the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be paragraph(1)of this paragraph.
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P ge 4 of 5 ref.Handbook 1344.1
(3) Withholding for unpaid wages and liquidated
damages. HUD or its designee shall upon its own action
or upon written request of an authorized representative of
the Department of Labor withhold or cause to be withheld,
from any moneys 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 Federally-assisted 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 subcontractor for unpaid wages and
liquidated damages as provided in the clause set forth in
subparagraph(2)of this paragraph.
(4) Subcontracts. The contractor or subcontractor shall
insert in any subcontracts the clauses set forth in
subparagraph (1)through (4)of this paragraph and also a
clause requiring the subcontractors to include these
clauses in any lower tier subcontracts. The prime
contractor shall be responsible for compliance by any
subcontractor or lower tier subcontractor with the clauses
set forth in subparagraphs (1) through (4) of this
paragraph.
C. Health and Safety. The provisions of this paragraph C are
applicable where the amount of the prime contract exceeds 5100,000.
(1) No laborer or mechanic shall be required to work in
surroundings or under working conditions which are
unsanitary, hazardous, or dangerous to his health and
safety as 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 imposition of
sanctions pursuant to the Contract Work Hours and Safety
Standards Act, (Public Law 91-54, 83 Stat 96). 40 USC
3701 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.
Previous eWons are obsolete form HUD-4010(0612009)
Page 5 of 5 ref.Handbook 1344.1