2017/01/17 Labor Compliance Providers, Inc. CDBG Rancho Ramona Park Playground CIP no. CS013 PROFESSIONAL SERVICES AGREEMENT
FOR CDBG: RANCHO RAMONA PARK PLAYGROUND RESURFACING & PARK
IMPROVEMENTS (ADA WALKWAY) CIP NO. CS 013 PROJECT
THIS PROFESSIONAL SERVICES AGREEMENT("Agreement") is made this 17th day of
January, 2017 ("Effective Date") by and between the CITY OF MENIFEE, a California municipal
corporation, ("City") and LABOR COMPLIANCE PROVIDERS, a California Corporation,
("Consultant"). City and Consultant may sometimes herein be referred to individually as a"Party"
and collectively as the "Parties."
Section 1. SERVICES. Subject to the terms and conditions set forth in this
Agreement, Consultant shall provide to City the services described in the Scope of Services,
attached hereto as Exhibit B and incorporated herein by this reference (the "Services").
Consultant will perform subsequent task orders as requested by the Contract Administrator (as
defined below), in accordance with the Scope of Services. In the event of a conflict in or
inconsistency between the terms of this Agreement and Exhibit B, this Agreement shall prevail.
1.1 Term of Services. The term of this Agreement shall begin on January 17,
2017 and shall end on March 30, 2017 unless the term of the Agreement is otherwise terminated
or extended as provided for in Section 8. The time provided to Consultant to complete the
Services required by this Agreement shall not affect City's right to terminate the Agreement, as
provided for in Section 8.
1.2 Standard of Performance. Consultant represents and warrants that
Consultant is a provider of first class work and services and Consultant is experienced in
performing the Services contemplated herein and, in light of such status and experience,
Consultant shall perform the Services required pursuant to this Agreement in the manner and
according to the standards observed by a competent practitioner of the profession in which
Consultant is engaged in the geographical area in which Consultant practices its profession and
to the sole satisfaction of the Contract Administrator.
1.3 Assignment of Personnel. Consultant shall assign only competent
personnel to perform the Services pursuant to Agreement. In the event that City, in its sole
discretion, at any time during the term of this Agreement, desires the reassignment of any such
persons, Consultant shall, immediately upon receiving notice from City of such desire of City,
reassign such person or persons.
1.4 Time. Consultant shall devote such time to the performance of the
Services pursuant to this Agreement as may be reasonably necessary to satisfy Consultant's
obligations hereunder.
1.5 Authorization to Perform Services. Consultant is not authorized to
perform any of the Services or incur any costs whatsoever under the terms of this Agreement until
receipt of authorization from the Contract Administrator.
Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to
exceed ONE THOUSAND FOUR HUNDRED FIFTEEN DOLLARS AND ZERO CENTS
($1,415.00), notwithstanding any contrary indications that may be contained in Consultant's
proposal,for the Services to be performed and reimbursable costs incurred under this Agreement
pursuant to the Project Budget, attached hereto as Exhibit C and incorporated herein by this
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reference. In the event of a conflict between this Agreement and Exhibit C, regarding the amount
of compensation, this Agreement shall prevail. City shall pay Consultant for services rendered
pursuant to this Agreement at the time and in the manner set forth herein. The payments specified
below shall be the only payments from City to Consultant for the Services rendered pursuant to
this Agreement. Consultant shall submit all invoices to City in the manner specified herein.
Except as specifically authorized in advance by City, Consultant shall not bill City for duplicate
services performed by more than one person.
2.1 Invoices. Consultant shall submit invoices monthly during the term of this
Agreement, based on the cost for the Services performed and reimbursable costs incurred prior
to the invoice date. Invoices shall contain the following information:
• Serial identifications of progress bills; i.e., Progress Bill No. 1 for the
first invoice, etc.;
• The beginning and ending dates of the billing period;
• A "Task Summary" containing the original contract amount, the
amount of prior billings, the total due this period, the balance
available under this Agreement, and the percentage of completion;
• At City's option, for each item in each task, a copy of the applicable
time entries or time sheets shall be submitted showing the name of
the person performing the Services, the hours spent by each
person, a brief description of the Services, and each reimbursable
expense;
• The total number of hours of work performed under the Agreement
by Consultant and each employee, agent, and subcontractor of
Consultant performing the Services hereunder necessary to
complete the Services described in Exhibit B;
• Receipts for expenses to be reimbursed;
• The Consultant Representative's signature.
Invoices shall be submitted to:
City of Menifee
Attn: Accounts Payable
29714 Haun Road
Menifee, CA 92586
2.2 Monthly Payment. City shall make monthly payments, based on invoices
received, for the Services satisfactorily performed, and for authorized reimbursable costs
incurred. City shall have thirty (30) days from the receipt of an invoice that complies with all of
the requirements above to pay Consultant.
2.3 Final Payment. City shall pay the last ten percent (10%) of the total
amount due pursuant to this Agreement within sixty (60) days after completion of the Services
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and submittal to City of a final invoice, if all of the Services required have been satisfactorily
performed.
2.4 Total Payment. City shall not pay any additional sum for any expense or
cost whatsoever incurred by Consultant in rendering the Services pursuant to this Agreement.
City shall make no payment for any extra,further,or additional service pursuant to this Agreement.
In no event shall Consultant submit any invoice for an amount in excess of
the maximum amount of compensation provided above either for a task or for the entirety of the
Services performed pursuant to this Agreement, unless this Agreement is modified in writing prior
to the submission of such an invoice.
2.5 Hourly Fees. Fees for work performed by Consultant on an hourly basis
shall not exceed the amounts shown on the fee schedule included with Exhibit B.
2.6 Reimbursable Expenses. Reimbursable expenses are included within
the maximum amount of this Agreement.
2.7 Payment of Taxes. Consultant is solely responsible for the payment of
employment taxes incurred under this Agreement and any federal or state taxes.
2.8 Payment upon Termination. In the event that City or Consultant
terminates this Agreement pursuant to Section 8, City shall compensate Consultant for all
outstanding costs and reimbursable expenses incurred for Services satisfactorily completed and
for reimbursable expenses as of the date of written notice of termination. Consultant shall
maintain adequate logs and timesheets in order to verify costs and reimbursable expenses
incurred to that date.
Section 3. FACILITIES AND EQUIPMENT. Except as otherwise provided,
Consultant shall, at its sole cost and expense, provide all facilities and equipment necessary to
perform the services required by this Agreement. City shall make available to Consultant only
physical facilities such as desks, filing cabinets, and conference space, as may be reasonably
necessary for Consultant's use while consulting with City employees and reviewing records and
the information in possession of City. The location, quantity, and time of furnishing those facilities
shall be in the sole discretion of City. In no event shall City be required to furnish any facility that
may involve incurring any direct expense, including but not limited to computer, long-distance
telephone or other communication charges, vehicles, and reproduction facilities.
Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this
Agreement, Consultant, at its own cost and expense, shall procure the types and amounts of
insurance checked below and provide Certificates of Insurance, indicating that Consultant has
obtained or currently maintains insurance that meets the requirements of this section and which
is satisfactory, in all respects, to City. Consultant shall maintain the insurance policies required
by this section throughout the term of this Agreement. The cost of such insurance shall be
included in Consultant's compensation. Consultant shall not allow any subcontractor, consultant
or other agent to commence work on any subcontract until Consultant has obtained all insurance
required herein for the subcontractor(s) and provided evidence thereof to City. Verification of the
required insurance shall be submitted and made part of this Agreement prior to execution.
Consultant acknowledges the insurance policy must cover inter-insured suits between City and
other Insureds.
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4.1 Workers' Compensation. Consultant shall, at its sole cost and expense,
maintain Statutory Workers' Compensation Insurance and Employer's Liability Insurance for any
and all persons employed directly or indirectly by Consultant pursuant to the provisions of the
California Labor Code. Statutory Workers' Compensation Insurance and Employer's Liability
Insurance shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000.00)
per accident, ONE MILLION DOLLARS ($1,000,000.00) disease per employee, and ONE
MILLION DOLLARS ($1,000,000.00) disease per policy. In the alternative, Consultant may rely
on a self-insurance program to meet those requirements, but only if the program of self-insurance
complies fully with the provisions of the California Labor Code. Determination of whether a self-
insurance program meets the standards of the California Labor Code shall be solely in the
discretion of the Contract Administrator. The insurer, if insurance is provided, or Consultant, if a
program of self-insurance is provided, shall waive all rights of subrogation against City and its
officers, officials, employees, and authorized volunteers for loss arising from the Services
performed under this Agreement.
4.2 Commercial General
Automobile Liability Insurance.
1. General requirements. Consultant, at its own cost and expense,
shall maintain commercial general and automobile liability insurance for the term of this
Agreement in an amount not less than ONE MILLION DOLLARS($1,000,000.00) per occurrence,
combined single limit coverage, for risks associated with the Services contemplated by this
Agreement, TWO MILLION DOLLARS ($2,000,000.00) general aggregate, and TWO MILLION
DOLLARS ($2,000,000.00) products/completed operations aggregate. If a Commercial General
Liability Insurance or an Automobile Liability Insurance form or other form with a general
aggregate limit is used, either the general aggregate limit shall apply separately to the Services
to be performed under this Agreement or the general aggregate limit shall be at least twice the
required occurrence limit. Such coverage shall include but shall not be limited to, protection
against claims arising from bodily and personal injury, including death resulting therefrom, and
damage to property resulting from the Services contemplated under this Agreement, including the
use of hired, owned, and non-owned automobiles.
2. Minimum scope of coverage. Commercial general coverage shall
be at least as broad as Insurance Services Office Commercial General Liability occurrence form
CG 0001. Automobile coverage shall be at least as broad as Insurance Services Office
Automobile Liability form CA 0001 Code 2, 8, and 9. No endorsement shall be attached limiting
the coverage.
3. Additional requirements. Each of the following shall be included
in the insurance coverage or added as a certified endorsement to the policy:
a. The insurance shall cover on an occurrence or an accident
basis, and not on a claims-made basis.
b. Any failure of Consultant to comply with reporting provisions
of the policy shall not affect coverage provided to City and its officers, employees, agents, and
volunteers.
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4.3 Professional Liability Insurance.
1. General requirements. Consultant, at its own cost and expense,
shall maintain for the period covered by this Agreement professional liability insurance for licensed
professionals performing the Services pursuant to this Agreement in an amount not less than
ONE MILLION DOLLARS ($1,000,000) covering the licensed professionals' errors and
omissions. Any deductible or self-insured retention shall be shown on the Certificate. If the
deductible or self-insured retention exceeds TWENTY-FIVE THOUSAND DOLLARS ($25,000),
it must be approved by City.
2. Claims-made limitations. The following provisions shall apply if
the professional liability coverage is written on a claims-made form:
a. The retroactive date of the policy must be shown and must
be no later than the commencement of the Services.
b. b. Insurance must be maintained and evidence of
insurance must be provided for at least five (5) years after the expiration or termination of this
Agreement or completion of the Services, so long as commercially available at reasonable rates.
C. C. If coverage is canceled or not renewed and it is not
replaced with another claims-made policy form with a retroactive date that precedes the Effective
Date of this Agreement, Consultant must provide extended reporting coverage for a minimum of
five (5) years after the expiration or termination of this Agreement or the completion of the
Services. Such continuation coverage may be provided by one of the following: (1) renewal of
the existing policy; (2) an extended reporting period endorsement; or (3) replacement insurance
with a retroactive date no later than the commencement of the Services under this Agreement.
City shall have the right to exercise, at Consultant's sole cost and expense, any extended
reporting provisions of the policy, if Consultant cancels or does not renew the coverage.
d. A copy of the claim reporting requirements must be
submitted to the City prior to the commencement of the Services under this Agreement.
4.4 All Policies Requirements.
1. Acceptability of insurers. All insurance required by this section is
to be placed with insurers with a Bests' rating of no less than A:VII and admitted in California.
2. Verification of coverage. Prior to beginning the Services under
this Agreement, Consultant shall furnish City with Certificates of Insurance, additional insured
endorsement or policy language granting additional insured status complete certified copies of all
policies, including complete certified copies of all endorsements. All copies of policies and
certified endorsements shall show the signature of a person authorized by that insurer to bind
coverage on its behalf. The Certificate of Insurance must include the following reference: CDBG:
RANCHO RAMONA PARK PLAYGROUND RESURFACING & PARK IMPROVEMENTS (ADA
WALKWAY) CIP NO. CS 013 PROJECT. The name and address for Additional Insured
endorsements, Certificates of Insurance and Notice of Cancellation is: City of Menifee, 29714
Haun Road, Menifee, CA 92586. City must be endorsed as an additional insured for liability
arising out of ongoing and completed operations by or on behalf of Consultant.
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3. Notice of Reduction in or Cancellation of Coverage. Consultant
shall provide written notice to City within ten (10)working days if: (1)any of the required insurance
policies is terminated; (2)the limits of any of the required polices are reduced; or(3)the deductible
or self insured retention is increased.
4. Additional insured; primary insurance. City and its officers,
employees, agents, and authorized volunteers shall be covered as additional insureds with
respect to each of the following: liability arising out of the Services performed by or on behalf of
Consultant, including the insured's general supervision of Consultant; products and completed
operations of Consultant, as applicable; premises owned, occupied, or used by Consultant; and
automobiles owned, leased, or used by Consultant in the course of providing the Services
pursuant to this Agreement. The coverage shall contain no special limitations on the scope of
protection afforded to City or its officers, employees, agents, or authorized volunteers. The
insurance provided to City as an additional insured must apply on a primary and non-contributory
basis with respect to any insurance or self-insurance program maintained by City. Additional
insured status shall continue for (1) year after the expiration or termination of this Agreement or
completion of the Services.
A certified endorsement must be attached to all policies stating that
coverage is primary insurance with respect to City and its officers, officials, employees, and
volunteers, and that no insurance or self-insurance maintained by City shall be called upon to
contribute to a loss under the coverage.
5. Deductibles and Self-insured Retentions. Consultant shall
obtain the written approval of City for the self-insured retentions and deductibles before beginning
any of the Services.
During the term of this Agreement, only upon the prior express
written authorization of the Contract Administrator, Consultant may increase such deductibles or
self-insured retentions with respect to City, its officers, employees, agents, and volunteers. The
Contract Administrator may condition approval of an increase in deductible or self-insured
retention levels with a requirement that Consultant procure a bond guaranteeing payment of
losses and related investigations, claim administration, and defense expenses that is satisfactory
in all respects to each of them.
6. Subcontractors. Consultant shall include all subcontractors as
insureds under its policies or shall furnish separate certificates and certified endorsements for
each subcontractor. All coverages for subcontractors shall be subject to all of the requirements
stated herein.
7. Variation. The Contract Administrator may approve in writing a
variation in the foregoing insurance requirements, upon a determination that the coverage, scope,
limits, and forms of such insurance are either not commercially available, or that City's interests
are otherwise fully protected.
4.5 Remedies. In addition to any other remedies City may have if Consultant
fails to provide or maintain any insurance policies or policy endorsements to the extent and within
the time herein required, City may, at its sole option, exercise any of the following remedies,which
are alternatives to other remedies City may have and are not the exclusive remedy for
Consultant's breach:
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• Obtain such insurance and deduct and retain the amount of the
premiums for such insurance from any sums due under this
Agreement;
• Order Consultant to stop work under this Agreement or withhold any
payment that becomes due to Consultant hereunder, or both stop
work and withhold any payment, until Consultant demonstrates
compliance with the requirements hereof; and/or
• Terminate this Agreement.
Section 5. INDEMNIFICATION.
5.1 Indemnification for Professional Liability. Where the law establishes a
professional standard of care for performance of the Services, to the fullest extent permitted by
law, Consultant shall indemnify, protect, defend, and hold harmless City and any and all of its
officers, employees, officials, volunteers, and agents from and against any and all losses,
liabilities, damages, costs, and expenses, including attorneys' fees and costs to the extent same
are caused in whole or in part by any negligent or wrongful act, error, or omission of Consultant,
its officers, agents, employees, or sub-consultants(or any entity or individual that Consultant shall
bear the legal liability thereof) in the performance of professional services under this Agreement.
5.2 Indemnification for Other than Professional Liability. Other than in the
performance of professional services and to the full extent permitted by law, Consultant shall
indemnify, protect, defend, and hold harmless City, and any and all of its officers, employees,
officials, volunteers, and agents from and against any and all liability (including liability for claims,
suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings,
losses, expenses, or costs of any kind,whether actual, alleged, or threatened, including attorneys'
fees and costs, court costs, interest, defense costs, and expert witness fees), where the same
arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the
performance of this Agreement by Consultant or by any individual or entity for which Consultant
is legally liable, including but not limited to officers, agents, employees or subcontractors of
Consultant.
5.3 Limitation of Indemnification for Design Professionals.
Notwithstanding any provision of this Section 5 to the contrary, design professionals are required
to defend and indemnify City only to the extent permitted by Civil Code Section 2782.8. The term
"design professional" as defined in Section 2782.8, is limited to licensed architects, licensed
landscape architects, registered professional engineers, professional land surveyors, and the
business entities that offer such services in accordance with the applicable provisions of the
California Business and Professions Code.
5.4 Limitation of Indemnification. The provisions of this Section 5 do not
apply to claims occurring as a result of City's sole or active negligence. The provisions of this
Section 5 shall not release City from liability arising from gross negligence or willful acts or
omissions of City or any and all of its officers, officials, employees, and agents acting in an official
capacity.
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Section 6. STATUS OF CONSULTANT.
6.1 Independent Contractor. At all times during the term of this Agreement,
Consultant shall be an independent contractor and shall not be an employee of City. City shall
have the right to control Consultant only insofar as the results of the Services rendered pursuant
to this Agreement and assignment of personnel pursuant to Subparagraph 1.3; however,
otherwise City shall not have the right to control the means by which Consultant accomplishes
the Services rendered pursuant to this Agreement. The personnel performing the Services under
this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction
and control. Consultant shall not at any time or in any manner represent that it or any of its
officers, employees, or agents is in any manner officers, officials, employees, or agents of City.
Consultant shall not incur or have the power to incur any debt, obligation, or liability whatever
against City, or bind City in any manner. Except for the fees paid to Consultant as provided in
this Agreement, City shall not pay salaries, wages, or other compensation to Consultant for
performing the Services hereunder for City. City shall not be liable for compensation or
indemnification to Consultant for injury or sickness arising out of performing the Services
hereunder. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or
ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors
providing services under this Agreement shall not qualify for or become entitled to any
compensation, benefit, or any incident of employment by City, including but not limited to eligibility
to enroll in the California Public Employees Retirement System ("PERS") as an employee of City
and entitlement to any contribution to be paid by City for employer contributions and/or employee
contributions for PERS benefits.
Section 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this
agreement.
7.2 Compliance with Applicable Laws. Consultant shall perform the
Services 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) Consultant does not assume the environmental responsibilities described in 24
C.F.R. § 570.604, and (2) Consultant does not assume the responsibility for initiating the review
process under the provisions of 24 C.F.R. Part 52) and the legal requirements set forth in Exhibit
A 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 A 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, Consultant shall, to the extent possible, comply with the most restrictive provisions
in this Agreement and the CDBG Requirements. Each and every provision required by law to be
included in this Agreement shall be deemed to be included, and this Agreement shall be read and
enforced as though all such provisions were included. Consultant acknowledges and agrees that
it shall be and remain, and shall cause Consultant 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.
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Consultant 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 Consultant 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 Consultant
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
Consultant 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.
7.3 Contractor's Registration. Consultant shall ensure compliance with
Labor Code section 1771.1, which provides that a contractor or subcontractor shall not be
qualified to (a) bid on or be listed in a bid proposal submitted on or after March 1, 2015, or
(b) engage in the performance of any contract for public work entered into on or after April 1,
2015, unless currently registered and qualified to perform the public work pursuant to Labor Code
section 1725.5. A bid shall not be accepted nor any contract or subcontract entered into without
proof of the contractor or subcontractor's current registration to perform public work pursuant to
Labor Code section 1725.5.
7.4 Compliance Monitoring and Enforcement. Consultant shall ensure that
all notices inviting bids and contracts for the performace of public works contain notification that
the performance of any public work described in a notice inviting bids or contract for the
performace of a public works is subject to compliance monitoring and enforcement by the
Department of Industrial Relations, pursuant to Labor Code section 1771.4.
7.6 Contractor's Records. Consultant shall ensure that each contract with
each contractor and subcontractor requires that the contractor or subcontractor furnish electronic
certified payroll records specified in Labor Code section 1776 directly to the Labor Commissioner
at least monthly, pursuant to Labor Code section 1771.4.
7.6 Licenses and Permits. Consultant represents and warrants to City that
Consultant and its employees, agents, and any subcontractors have all licenses, permits,
qualifications, and approvals of whatsoever nature that are legally required to practice their
respective professions. Consultant represents and warrants to City that Consultant and its
employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all
times during the term of this Agreement any licenses, permits, and approvals that are legally
required to practice their respective professions. In addition to the foregoing, Consultant and any
subcontractors shall obtain and maintain during the term of this Agreement valid Business
Licenses from City.
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Section 8. TERMINATION AND MODIFICATION,
8.1 Termination. City may cancel this Agreement at any time and without
cause upon written notification to Consultant. Consultant may cancel this Agreement upon 30
days' written notice to City.
In the event of termination, Consultant shall be entitled to compensation for
the Services performed up to the date of termination; City, however, may condition payment of
such compensation upon Consultant delivering to City any or all documents, photographs,
computer software,video and audio tapes, and other materials provided to Consultant or prepared
by or for Consultant or City in connection with this Agreement.
8.2 Extension. City may, in its sole and exclusive discretion, extend the end
date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall
require a written amendment to this Agreement, as provided for herein. Consultant understands
and agrees that, if City grants such an extension, City shall have no obligation to provide
Consultant with compensation beyond the maximum amount provided for in this Agreement.
Similarly, unless authorized by the Contract Administrator, City shall have no obligation to
reimburse Consultant for any otherwise reimbursable expenses incurred during the extension
period.
8.3 Amendments. The Parties may amend this Agreement only by a writing
signed by all the Parties.
8.4 Assignment and Subcontracting. City and Consultant recognize and
agree that this Agreement contemplates personal performance by Consultant and is based upon
a determination of Consultant's unique personal competence, experience, and specialized
personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement
was and is the professional reputation and competence of Consultant. Consultant may not assign
this Agreement or any interest therein without the prior written approval of the Contract
Administrator. Consultant shall not subcontract any portion of the performance contemplated and
provided for herein, other than to the subcontractors noted in Consultant's proposal, without prior
written approval of the Contract Administrator. In the event that key personnel leave Consultant's
employ, Consultant shall notify City immediately.
8.5 Survival. All obligations arising prior to the termination of this Agreement
and all provisions of this Agreement allocating liability between City and Consultant shall survive
the termination of this Agreement.
8.6 Options upon Breach by Consultant. If Consultant materially breaches
any of the terms of this Agreement, City's remedies shall include, but not be limited to, any or all
of the following:
a. Immediately terminate this Agreement;
b. Retain the plans, specifications, drawings, reports, design
documents, and any other work product prepared by Consultant
pursuant to this Agreement;
C. Retain a different consultant to complete the Services described in
Exhibit B; or
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d. Charge Consultant the difference between the cost to complete the
Services described in Exhibit B that is unfinished at the time of
breach and the amount that City would have paid Consultant
pursuant to Section 2 if Consultant had completed the Services.
Section 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Consultant's Performance. All reports,
data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies,
specifications, records, files, or any other documents or materials, in electronic or any other form
that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters
covered hereunder shall be the property of City. Consultant hereby agrees to deliver those
documents to City upon the expiration or termination of this Agreement. It is understood and
agreed that the documents and other materials, including but not limited to those described above,
prepared pursuant to this Agreement are prepared specifically for City and are not necessarily
suitable for any future or other use. Any use of such documents for other projects by City shall
be without liability to Consultant. City and Consultant agree that, until final approval by City, all
data, plans, specifications, reports, and other documents are confidential and will not be released
to third parties without prior written consent of both Parties unless required by law.
9.2 Consultant's Books and Records. Consultant shall maintain any and all
ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents
evidencing or relating to charges for the Services or expenditures and disbursements charged to
City under this Agreement for a minimum of three (3) years, or for any longer period required by
law, from the date of final payment to Consultant under this Agreement. All such records shall be
maintained in accordance with generally accepted accounting principles and shall be clearly
identified and readily accessible.
9.3 Inspection and Audit of Records. Any records or documents that Section
9.2 of this Agreement requires Consultant to maintain shall be made available for inspection,
audit, and/or copying at any time during regular business hours, upon oral or written request of
City. 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 the Agreement.
Section 10. MISCELLANEOUS PROVISIONS.
10.1 Attorneys' Fees. If either Party to this Agreement brings any action,
including an action for declaratory relief, to enforce or interpret the provision of this Agreement,
the prevailing Party shall be entitled to reasonable attorneys'fees and expenses including costs,
in addition to any other relief to which that Party may be entitled; provided, however, that the
attorneys'fees awarded pursuant to this Section shall not exceed the hourly rate paid by City for
legal services multiplied by the reasonable number of hours spent by the prevailing Party in the
conduct of the litigation. The court may set such fees in the same action or in a separate action
brought for that purpose.
10.2 Venue. In the event that either Party brings any action against the other
under this Agreement, the Parties agree that trial of such action shall be vested exclusively in
Riverside County.
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10.3 Severability. If a court of competent jurisdiction finds or rules that any
provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement
not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any
provision of this Agreement shall not void or affect the validity of any other provision of this
Agreement.
10.4 No Implied Waiver of Breach. The waiver of any breach of a specific
provision of this Agreement does not constitute a waiver of any other breach of that term or any
other term of this Agreement.
10.6 Successors and Assigns. The provisions of this Agreement shall inure
to the benefit of and shall apply to and bind the successors and assigns of the Parties.
10.6 Consultant Representative. All matters under this Agreement shall be
handled for Consultant by Gary W. Miller or Kathy Oswalt ("Consultant's Representative"). The
Consultant's Representative shall have full authority to represent and act on behalf of Consultant
for all purposes under this Agreement. The Consultant's Representative shall supervise and
direct the Services, using his best skill and attention, and shall be responsible for all means,
methods, techniques, sequences, and procedures and for the satisfactory coordination of all
portions of the Services under this Agreement.
10.7 City Contract Administration. This Agreement shall be administered by
a City employee, Allen Yun, Senior Administrative Analyst ("Contract Administrator"). All
correspondence shall be directed to or through the Contract Administrator or his designee. The
Contract Administrator shall have the power to act on behalf of City for all purposes under this
Agreement. Unless otherwise provided in this Agreement, Consultant shall not accept direction
or orders from any person other than the Contract Administrator or his designee.
10.8 Notices. Any written notice to Consultant shall be sent to:
Labor Compliance Providers
Attn: Isabel Magallanez, Compliance Project Manager
1168 E. La Cadena Drive#201
Riverside, CA 92507
Any written notice to City shall be sent to the Contract Administrator at:
City of Menifee
29714 Haun Road
Menifee, CA 92586
Attn: Allen Yun, Senior Administrative Analyst
with a copy to:
City Clerk
City of Menifee
29714 Haun Road
Menifee, CA 92586
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10.9 Professional Seal. Where applicable in the determination of the Contract
Administrator, the first page of a technical report, first page of design specifications, and each
page of construction drawings shall be stamped/sealed and signed by the licensed professional
responsible for the report/design preparation. The stamp/seal shall be in a block entitled "Seal
and Signature of Registered Professional with report/design responsibility," as in the following
example.
Seal and Signature of Registered Professional with
report/design responsibility.
10.10 Rights and Remedies. Except with respect to rights and remedies
expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are
cumulative and the exercise by either Party of one or more of such rights or remedies shall not
preclude the exercise by it, at the same or different times, of any other rights or remedies for the
same default or any other default by the other Party.
10.11 Integration. This Agreement, including Exhibits A, B, and C attached
hereto, represents the entire and integrated agreement between City and Consultant and
supersedes all prior negotiations, representations, or agreements, either written or oral. The
terms of this Agreement shall be construed in accordance with the meaning of the language used
and shall not be construed for or against either Party by reason of the authorship of this
Agreement or any other rule of construction which might otherwise apply.
10.12 Counterparts. This Agreement may be executed in multiple counterparts,
each of which shall be an original and all of which together shall constitute one agreement.
10.13 Execution of Contract. The persons executing this Agreement on behalf
of each of the Parties hereto represent and warrant that (i) such Party is duly organized and
existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said
Party, (iii) by so executing this Agreement, such Party is formally bound to the provisions of this
Agreement, and (iv) that entering into this Agreement does not violate any provision of any other
Agreement to which said Party is bound.
10.14 Nondiscrimination. Consultant covenants that, by and for itself, its heirs,
executors, assigns, and all persons claiming under or through them, that in the performance of
this Agreement there shall be no discrimination against or segregation of, any person or group of
persons on account of any impermissible classification including, but not limited to, race, color,
creed, religion, sex, marital status, sexual orientation, national origin, or ancestry.
10.16 No Third Party Beneficiaries. There are no intended third party
beneficiaries of any right or obligation assumed by the Parties.
10.16 Nonliability of City Officers and Employees. No officer, official,
employee, agent, representative, or volunteer of City shall be personally liable to Consultant, or
any successor in interest, in the event of any default or breach by City or for any amount which
may become due to Consultant or to its successor, or for breach of any obligation of the terms of
this Agreement.
10.17 No Undue Influence. Consultant declares and warrants that no undue
influence or pressure is used against or in concert with any officer or employee of City in
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connection with the award, terms or implementation of this Agreement, including any method of
coercion, confidential financial arrangement, or financial inducement. No officer or employee of
City shall receive compensation, directly or indirectly, from Consultant, or from any officer,
employee, or agent of Consultant, in connection with the award of this Agreement or any work to
be conducted as a result of this Agreement.
10.18 No Benefit to Arise to City Employees. No member, officer, or employee
of City, or their designees or agents, and no public official who exercises authority over or has
responsibilities with respect to this Agreement during his/her tenure or for one (1) year thereafter,
shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds
thereof, for the Services to be performed under this Agreement.
[Signatures on Following Page]
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IN WITNESS WHEREOF, the Parties hereto have executed and entered into this
Agreement as of the Effective Date.
Cf��MENIFEE CONSULT
Ronald E. Bradley, Interim City Manager J es Reed,,I Executive ire for
/ �' / V /
Isa el Magallanez/,'Gomplianc roject Manager
Attest:
a h Manwaring, ity Clerk
Ap ev d as to :
Je y YMelching, City t rney
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EXHIBIT A
CDBG CONTRACT PROVISIONS
In addition to the requirements set forth in other provisions of the Agreement, Consultant
shall comply, and shall cause all Consultant's personnel to comply, with the following regulations
and requirements insofar as they are applicable to the performance of the Agreement.'
1. Equal Opportunity and Nondiscrimination.
a. Title VI of the Civil Rights Act of 1964, as amended, including Public
Law 88-352 implemented in 24 CFR 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, Consultant 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. Consultant 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. 6301 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 Consultant 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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e. Executive Order 11246, as amended. This order includes a requirement
that grantees and Consultants 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 CFR 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. Consultant
must ensure that its programs are accessible to and usable by persons with disabilities.
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. Consultant shall, in all solicitations or advertisements
for employees placed by or on behalf of Consultant, state that it is an Equal Opportunity or
Affirmative Action employer.
k. Minority/Women Business Enterprise. Consultant 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. Consultant may rely on written
representations by businesses regarding their status as minority and female business enterprises
in lieu of an independent investigation.
2. Environmental.
a. Air and Water. Consultant 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
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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 City regulations pursuant to 40 CFR
Part 50, as amended.
b. Flood Disaster Protection Act of 1973. Consultant 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. Consultant 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. Consultant 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 Consultant. 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 City Grant. 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. Consultant 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. Upon the expiration of the Funding Period or sooner
termination of the Agreement, Consultant shall transfer to City (a) any and all CDBG Funds,
(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
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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 Consultant 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 Consultant 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, Consultant 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. Consultant 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 Consultant
pursuant to the provision of relocation assistance.
7. Allowable Costs and Audits. Consultant shall comply with and administer the
Program 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 Consultant is a governmental or quasi-governmental agency, the applicable
sections of 24 CFR Part 85, "Uniform Administrative Requirements for Grants and Cooperative
Agreements to State and Local Governments," and OMB Circular A-87 shall apply. Consultant
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. Consultant shall provide to City and shall cause each of
its contractors, subcontractors, and Consultants to provide to City all records and reports relating
to the Program 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 CFR 570.506.
9. Religious Organizations. If Consultant is a religious organization as defined by
the CDBG Requirements, Consultant 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. Consultant 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. Consultant 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 Consultant 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.
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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 Consultant, or any designated public agency.
11. Political Activity (24 CFR 570.207(a)(3)). Consultant 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, Consultant
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 Consultants 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, Consultant shall execute a separate
document that contains the certifications set forth above.
13. Drug-Free Workplace Requirements. Consultant shall comply with and be
subject to the requirements of the federal drug-free workplace requirements, which include the
following actions be taken:
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i. Publishing a statement notifying employees that the unlawful manufacture,
distribution, dispensing, possession, or use of a controlled substance is prohibited in the
grantee's 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 grantee'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 the agency 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. Consultant will comply with the procurement standards under 24
CFR 85.36 for governmental Consultants and 24 CFR 84.40-48 for Consultants that are non-profit
organizations. Consultant 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.
Consultant 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
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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 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.
Consultant 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 Program.
b. Labor Standards. Consultant shall comply with the provisions of 24
C.F.R. 570.603 and related requirements. Consultant shall include in all applicable construction
contracts the provisions of federal law imposing labor standards on federally assisted contracts.
Consultant shall comply with the requirements of the Secretary of Labor in accordance with the
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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 CFR 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. Consultant shall maintain documentation
that demonstrates compliance with these provisions and such documentation shall be made
available to City and HUD for review upon request. Consultant 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. Consultant shall comply and cause Consultant
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.
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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. (1) 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 (including the amount
regulations issued by the Secretary of Labor under the 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 (d) The wage rate (Including fringe benefits where
additional classification and wage rates conformed under
29 CFR 5.5(a)(1)(ii) and the Davis-Bacon poster (WH- appropriate) determined pursuant to subparagraphs
1321)shall be posted at all times by the contractor and Its (1)(il)(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.
(11) (a) Any class of laborers or mechanics which is not (1I1) 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
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 HUD4010( e )
Previous editions are obso?ete Page 1 of 5 ref.Handbook 1344.1
-23-
of the wages of any laborer or mechanic the amount of any communicated in uniting 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 ::r; 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 HU -4 10{ /2Cu9)
F,ge?of 5 ref.Hanel:ook 1344.1
-24-
(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
c The weekly submission of a registered program shall be observed. Ever/ apprentice
( } y 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 specified in the applicable wage determination.
A.3.(ii)(b). 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
(Ili) 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 (11) 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
(1) 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. Ever/ 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 editions are obsolete form H .401 ( )
Page 3 of 5 ref HaMbook 1341.1
-25-
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 (ill) 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 saute to be false.....
shall be in conformity with the equal employment shall be fined not more than $5,000 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 1 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 prime Contract exceeds 5100,000. As used in this paragraph, the
subcontractor with all the contract clauses in this terms lalwrers'and"mechanics"Include watchmen and guards.
paragraph.
7. Contract termination; debarment. A breach of the co Overtime requirements. No contractor or may
require
or
contract clauses in 29 CFR 5.5 may be grounds for contracting h for any par of the contract mock Which may require or
involve the employment � laborers or mechanic snap require or
termination of the contract and for debarment as a permit 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%wk to work in excess of 40 hours in
5.12. such workweek unless such laborer or mechanic receives
8. 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 hcurs worked In excess of 40 hours in such
Related Acts contained in 29 CFR Parts 1, 3, and 5 are workweek,
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:vas required or permitted to
contractor's firm is a person or firm ineligible to be work In excess of the standard vorkmek of 40 hours without payment
awarded Government contracts by virtue of Section 3(a)of of the overtime wages required by the clause set for'h in sub
the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be paragraph(1)of tnls paragraph-
Previous editions are o le:e forni HU -4010( )
Page 4 of 5 ref.Handbook 1344.1
-26-
(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.
revious editions are obsolete fcmi HUD-401 ( )
Page 5 of 5 ref.Hanabook 1344.1
-27-
EXHIBIT B
SCOPE OF SERVICES & PROPOSED SCHEDULE
City of Menifee-CDBG:Rancho Ramona Park Playground Resurfacing and Park Improvements CONFIDENTIAL
Fee Proposal for Labor Compliance Services Not Subject to the
Public Records Act
Based on 15 day construction term (2 month including open/closeout);$30,000 Construction est. Do not disclose to public
Field Compliance Total
Administrator Project Manager Investigator Payroll Auditor Analyst Hours
HOURLY STAFF RATES: 5125.00 $85.00 $55.00 545.00 525.00
Project Coordination,Pre-Bid,Pre-Construction,
1 and Progress Meetings 0 3 0 0 0 3
v oni or 6,auclitm e ors LFKS K related
Documents;Document receipt,data entry,&
requests for missing documents;Conduct audits
upon each Certified Payroll Record and trust fund
reports;Audit Methodology Checklist Efforts;
CDBG•compliance monitoring efforts;Review
Contractor Invoices/Prepare Progress Invoice
Recommendation Reports;Identify potential labor
compliance issues&conduct investigations;
Monitor Contractors'Compliance with
2 Apprenticeship Requirements 0 3 0 7 0 10
Job-Site Reviews&Worker Interviews/Verify
3 Interview Against Submitted Payrolls 0 0 2 0 0 2
Prepare Monthly Reports on Status of Labor
Compliance;Bi-Monthly Updates to Contractors on
4 outstanding documentation 0 2 0 0 0 2
Provide technical assistance to Agency Staff&
Contractors relative to CDBG/Davis Bacon
Compliance Monitoring&Enforcement;document
S control per Davis Bacon requirements 0 2 0 2 0 4
Admin I Project Closeout&Archiving 0 0 0 0 2 2.0
SUb-Total of Estimated HOUr, 0.0 10.0 -.0 9.0 2.0 23.0
PROPOSED FEE BASED ON ESTIMATED HOURS 50 S850 5110 5405 S50 S1.415
TOTAL NOT-TO-EXCEED FEE PROPOSAL: $1,415
-28-
EXHIBIT C
PROJECT BUDGET
Not-To-Exceed $1,415.00 (One Thousand Four Hundred Fifteen Dollars and Zero Cents)
-29-