2019/12/04 Rick Engineering Company CIP20-12 Adams Ave Phase 2 Surveying ServicesPROFESSIONAL SERVICES AGREEMENT
FOR
CtP 20-12: ADAMS AVE. PHASE 2 SURVEYING SERVICES
THIS PROFESSIONAL SERVICES AGREEMENT("Agreement")
day ot i><z,nbtr , 2019 ("Effective Datd') by and Uetwein ine CttY O
.. 4)l<-
rs made thts /
F MENIFEE, a California
municipal corporation, ("City") and RICK ENGINEERING COMPANY, a 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 lhe 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. ln 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 December
4, 2019 and shall end on December 31,2O2O 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 re presents 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 Aqsiqnment of Personnel. Consultant shall assign only competent
personnel to perform the Services pursuant to Agreement. ln 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 @ 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.
COMPENSATION. City hereby agrees to pay Consultant a sum not to
exceed Fifteen Thousand Seventy Dollars and Zero Cents ($15,070.00), 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 reference. ln the event of a conflict
between this Agreement and Exhibit C, regarding the amount of compensation, this Agreement
Section 2.
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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 lnvoices. 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. lnvoices 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 peforming 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.
lnvoices shall be submitted to:
City of Menifee
Attn: Accounts Payable
29844 Haun Road
Menifee, CA 92586
2.2 Monthlv Pavment. 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. Ci ty 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
and submittal to City of a final invoice, if all of the Services required have been satisfactorily
performed.
2.4 Total Pavment. City shall not pay any additional sum for any expense or
cost whatsoever incuned 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.
ln 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 Hourlv 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 Pavment of Taxes. Consultant is sole ly responsible for the payment of
employment taxes incurred under this Agreement and any federal or state taxes.
2.8 Pavment upon Termination. ln the event that C ity or Consultant
terminates this Agreement pursuant to Section I, 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 AN D EQUIPMENT.
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 fumishing those facilities
shall be in the sole discretion of City. ln 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 lnsurance, indicating that Consultant has
obtained or currently maantains 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 lnsureds.
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Except as otheMise provided,
4.'l Workers' Comoensation. Consultant shall, at its sole cost and expense,
maintain Statutory Workers' Compensation lnsurance and Employer's Liability lnsurance for any
and all persons employed directly or indirectly by Consultant pursuant to the provisions of the
California Labor Code. Statutory Workers' Compensation lnsurance and Employefs Liability
lnsurance 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. ln 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
ofiicers, officials, employees, and authorized volunteers for loss arising from the Services
performed under this Agreement.
4.2 Commercial General
Automobile Liability lnsurance.
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 lvllLL|ON
DOLLARS ($2,000,000.00) products/completed operations aggregate. lf a Commercial General
Liability lnsurance or an Automobile Liability lnsurance form or other form with a general
aggregate limit is used, either the general aggregale 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 coveraoe. Commercial general coverage shall
be at least as broad as lnsurance Services Office Commercial General Liability occurrence form
CG0001. Automobile coverage shall be at least as broad as lnsurance 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 followin g 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 ProfessionalLiabilitvlnsurance.
1. General reouirements. 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. lf 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. lnsurance 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. lf 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. Acceptabilitv of insurers. All insurance required by this section is
to be placed with insurers with a Bests' rating of no less than A:Vll and admitted in California.
2. Verification of coveraqe. Prior to beginning the Services under
this Agreement, Consultant shall furnish City with Certificates of lnsurance, 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 lnsurance must include the following reference: CIP 20-
12: ADAMS AVE. PHASE 2 SURVEYING SERVICES. The name and address for Additional
lnsured endorsements, Certificates of lnsurance 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.
3. Notice of Reduction in or Cancellation of Coveraqe. Consultant
shall provide written notice to City within ten (10) working days if: (1) anyof the required insurance
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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: primarv 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 administralion, 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 delermination that the coverage, scope,
limits, and forms of such insurance are either not commercially available, or that City's interests
are othenrise fully protected.
4.5 Rem edies.ln addition to any other remedies City may have if Consultant
fails to provide or maintain any insurance policies or policy endorsements to the etent 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 thas
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
Section5. INDEMNIFICATION.
5.1 lndemnification for Professional Liabilitv. 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 lndemnification for Other than Professional Liabilitv. 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, administratlve 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 lndemnification for Desiqn 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 Seclion 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 lLldemnification. 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 otficers, officials, employees, and agents acting in an official
capacity.
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Section 6. STATUS OF CONSULTANT.
6.1 lndeDenden t 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 ofthe 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 alltimes 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 andior employee
conhibutions for PERS benefits.
Section 7. LEGAL REQUIREMENTS.
7.1 Governinq Law.The laws of the State of California shall govern this
agreement.
7.2 Comoliance with ADDlicable 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. S 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. SS 5301 el seg.) as amended from time to time, and the implementing regulations
set forth in 24 C.F.R. $$ 570 et seg. as amended from time to time, and the requirements set forth
and referred to in Exhibit A attached to this Agreement. ln 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 wilh 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 thatit 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 andior 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 178'1, 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. lt 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. "lncreased costs," as used in this
Section, shall have the meaning ascribed to it in Labor Code Seclion 1781 , as the same may be
amended from time to time.
7.3 Contractor's Reqistration. 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, ot
(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 contraclor or subcontractor's current registration to pedorm public work pursuant to
Labor Code section 1725.5.
7.4 Compliance Monitorino 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 subiect to compliance monitoring and enforcement by the
Department of lndustrial Relations, pursuant to Labor Code section 1771 .4.
7.5 Contractor's Records. Consultant shall ensure that each conhact 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. ln 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.
ln the event of termination, Consultant shall be entitled to compensalion 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. C ity 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 otheruvise 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 Assiqnment and Subcontractinq. Ci ty 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. ln 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. lf Consultant material ly breaches
any of the terms of this Agreement, City's remedies shall include, but not be limited to, any or all
of the following:
I mmediately terminate this Agreement;
Retain the plans, specifications, drawings, reports, design
documents, and any other work product prepared by Consultant
pursuant to this Agreement;
a
b
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Retain a different consultant to complete the Services described in
Exhibit B: or
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.
Sectlon 9.
9.1
KEEPING AND STATUS OF RECOROS,
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. lt 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 Consultanf 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 lnspection and Audit of Reco rds. An y records or documents that Section
9.2 of this Agreement requires Consultant to maintain shall be made available for inspeclion,
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 flnal payment under the Agreement.
Section 10.MISCELLANE OUS PROVISIONS.
10.1 Attornevs' Fees. lf 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.
1O.2 Venue. ln 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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d.
10.3 Severabilitv. lf 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 ad,iudged 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 lmplied Waiver of Breach. The waiver of any breach of a speciflc
provision of this Agreement does not constitute a waiver of any other breach of that term or any
other term of this Agreement.
10.5 Successors and Assions. 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, Carlos Geronimo, Sr. Civil Engineer ("Contracl 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 othenrise 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
RICK ENGINEERING COMPANY
Aftn: Carson P. Edgington PE
5620 Friars Road
San Diego, CA 921 '10-2596
Any written notice to City shall be sent to the Contract Administrator at:
City of Menifee
29844 Haun Road
Menifee, CA 92586
Attn: Carlos Geronimo, Sr. Civil Engineer
with a copy to
City Clerk
City of Menifee
29844 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 reporudesign preparation. The stamp/seal shall be in a block entitled "Seal
and Signature of Registered Professional with reporudesign responsibility," as in the following
example.
Seal and Signature of Registered Professional with
rudes n nsibil
10.10 Riqhts 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 difierent times, of any other rights or remedies for the
same default or any other default by the other Party.
'10.11 lnteoration. This Agreement, including Exhibits A, B, and C attached
hereto, represents the entire and integrated agreement between City and Consultant and
supersedes all prior negotiatrons, 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 authorihip- of this
Agreement or any other rule of construction which might otherwise apply.
10.12 @!!ggEI!g 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.
10.15 No Third Pa Beneficiaries.There are no intended third party
beneficiaries of any right or obligation assumed by the Parties.
10.16 Nonliabilitv of Citv Officers and EmDlovees.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 lnfluence.Consultant declares and warrants that no undue
influence or pressure is used against or in concert with any officer or employee of City in
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
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(J.II
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 Citv Emplovees. 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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lN WITNESS WHEREOF, the Parties hereto have executed and entered into this
Agreement as of the Effective Date.
/zz szz?<-
Armando lla, City Manager Kevin Gibson,pal
rson ington, Associate
A g, City Clerk
as to Form:
Melching,Attorney
q
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CITY OF MENIFEE coNsulTANT
Attest:,.-\
I
EXHIBIT A
CDBG CONTRACT PROVISIONS
ln 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.l
1. Equal Opportunity and Nondiscrimination.
a, Title Vl of the Civil Rights Act of 1964, as amended, including Pubtic
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 aclivity receiving federal
financial assistance. ln 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 V t of the Civil Rights Act of ,1968, as amended,
including Public Law 90-234. The Fair Housing Act provides in part that there sha be no
discrimination in housing practices on the basis of race, color, religion, sex, and national origin.
The Fair Housing Act was amended in 1988 to provide protections from discrimination in any
aspect of the sale or rental of housing for families with children and persons with disabilities. The
Fair Housing Act also establishes requirements for the design and construction of new rental or
for-sale multi-family housing to ensure a minimum level of accessibility for persons with
disabilities.
c. Section 109 of Title I of the Housing and Community Development Act
of 1974, as amended, including 42 U.S.C.5301 et seq., 42 U.S.C.6101 ef. seg., 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 seg. 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. ln 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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1
e. Executive Order 1'1246, 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.
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 lndians. 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.
^, 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. 740'1, et
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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.
seg.; Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251, et seg., 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 Oisaster 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 lnsurance 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 a/.
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. ln general, this requires
concurrence from the State Historic Preservation Officer for all rehabilitatlon 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. ln accordance with 24
C.F.R. S 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.
S 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. lf a project or activity is exempt under 24 C.F.R. S
58.34, or is categorically excluded (except in extraordinary circumstances) under 24 C.F.R.
S 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. S 570.502.
4. Other Program Requirements. Consultant shall carry oul each activity under the
Agreement in accordance with all applicable federal laws and regulations described in Subpart K
of 24 C.F.R. S 570 except for City's environmental responsibitities under 24 C.F.R. S 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 kansfer to City (a) any and all CDBG Funds,
(b) any accounts receivable attributable to the use of CDBG Funds. ln 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. lf 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. g 4601 et seg., 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 otheMise 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 lnstitutions", as
applicable. lf 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-Proflt 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
lo 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. Rellglous Organizations. lf 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. S 570.200(D.
10. Conflict of lnterest. Consultant will comply with 24 C.F.R. 84.42, 85.36 and
570.61l 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 CDBc-assisted activity, or with
respect to the proceeds from the CDBc-assisted activity, either for themselves or those
with whom they have business or immediate family ties, during their tenure or for a perrod
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 prohibiled 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. lf any funds other than Federal appropriated funds have been paid or will
be paid to any person for influencing or attempling lo 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. lt will require that the language of this certiflcation 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 representataon 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 separale
document that contains the certrfications 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 unlalvful 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 otheMise 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.
$ 1701u), 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 S 135,38
provides:
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 contracto/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 lhe
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 contraclor agrees to include this Section 3 clause in every subcontracl
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
24C.F.R. Part'135. The contractor will not subcontract with any subcontractor where the
contractor has notice or knowledge that the subcontraclor 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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i. The work to be performed under this contract is subiect to the requirements
of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C.
$ 1701u (Section 3). The purpose of Section 3 is to ensure that employment and other
economic opportunities generated by HUD assistance or HuD-assisted projects covered
by Section 3, shall, to the greatest extent feasible, be directed to low- and very low-income
persons, particularly persons who are recipients of HUD assistance for housing.
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 el 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, S, 6 and 7, and a 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. Consultanl 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.
F.dcral Labor Standards Provlsiong U.S. Dcparhent of Housing
and urban oevlloPmlnl
OlTce of Labor Relatlons
Applic!bility
Tho Project or Program to whici the aonslruclion wor*
cov€rod lry thls coltract ,erlalni ls being trslsled by the
United glate3 ot Americ. and the lottowtng Federat Labor
Slandardi Provlsioos are rnctuded ln this Contract
purluant lo ths provisions applicabl6 to such F€d.r.t
a33l!tanco.
A. l. lll Ilnimum lyrge.- All llbo.e.3 and maciantcs
omployod or worllng upon Iho lito ol tla wor*. will ba pald
uncondltionally and not less olten lhan orco a w€el, and
wlthot l subs€quenl deductaon or leDalg on any rccount
(oxcapt such p.yroll deductions a! a.e,srmitlod by
requlation3 issued by lne Secrotary ot Labor undo, th6
copeland Acl (29 cFR Part 3), the tull amount o, waq€!
end bona nd€ ting6 benelits {oa cash equiy.t€ntt thoreot)
duo al limo ol paymenl computrd al rate3 not t6!! lhrn
thors conlaiaBd in the w2ge determtnahon ol thE
Secrolary ol Labor whlch i9 atlachsd harelo end fiade .patl h6160l, aegardles! of any contractual relatlonshiD
which may bs alleged lo exisl belween lhe (ontraclor and
such laborers end mochanics. Conlrlbullon3 madg or
coslt roasonably anticlprled fd bona flde ,riogo b€nottl3
und€r Seclion l{bx2) o, tho D.yi!-B.con Acl on behatl o,
lelroroB or mechanics aro consldg,ed wage3 pald lo !uch
laborer! or mechanica, snbiect to lhe Drovi!ion3 o, 29 CFR
5-5(axrXiv): also, regular contnbutlona oade or cosl3
incunod tol more than a teetly period (but not lels otten
than quarterly) undor pl3ns, Iunds, or p.ogaami, which
cov6r tha paalacular re€kly Deaiod. ato deemed to bs
conliruclirely made or incurrad durlng Buch toolly peltod.
Such laborers rnd mechantcr ahatt be petd the approprtate
lfage aato and trings beoefill on lhe lxago determinalion
tor tha classiflcalion ol wo* actually perlorm6d, rithout
regrrd lo skill, excepl ee provid€d in 29 CFR 5.5(aX1)
Laborer! or mechanjcs pertormino t or* in more tizn one
clarsilicalion mey be compensated at lho rat€ specitied for
sach classiflcation lor tho time rctuatty wort6d thoroln:
Provided, Thal th. €mployer's payrott record3 accu.atolylet forlh th6 tlme Epefit in each rta3sittcation tn wiich
worl i! perrorl1red Tho w.ge del€rmlnatlon (loatuding any
addilional cla!rilication and lytgB rale3 conrormed undea
29 CFR 55(e)11)0,) tnd lhe Daeir-B.con poelo. (WH-
t32l) shall be Dosled et ltt times Dy th6 contractor and Is
Sobcontrartoat al the sile ol the worl in a gromin€nt rnd
accessable, Dlace where it can be 6e3ily seen by the
(ii) (a) Any ctas! o[ tabo.eE or mechantc! which is not
ll3led In the wi[e det€rminrlton and wht.h t! lo be
omploya6 under the contaact shafi be ctassifled in
conformenc€ Iith tho wage delormination. Huo sh.tt
approv€ an add ional clas3ilication and r"age rale rnd
frln9o bonefits therqlor onty when tho to[owino crttoria
have been met:
lll The f,ork lo be perlormed by lhe chssific.iion
requested ls not perlotmed by a classitlcetlon tn the wage
delefminallon: and
(2) The cl.sgificatlon is ltiliz6d in lh€ arer by the
conslrucllon industfy; ilnd
(31 Thc propoled wage ret€, including any bona frde
lringe benefits, beal! a r6alonabte relation3iip to the
wa96 l.t€3 Contalned ln tho wago dalarhinalion
(b) lf lhe contracto, and lhe laborer3 and mechanics to be
employed in lhs cl.ss icalron (rf *flown), or their
rerlasentalive3, and HUO ot il3 deltgneo aqree on the
classlllaation and wlge ralo (lncludrng lho amount
deslqnated tor lrlnge ben6tit3 where apDroprtate). a report
of lhe action ialen shall bo ssnl by HUD or its de3lgnee to
lhe Adminiglrator o, lie Wago and Hour Divasion,
Employment Sland.rds Adminillratlon, u.S. D€panment ot
Labor, Washington. D C. 20210. Th6 Admlnlstmlor. or an
aulhorizsd repre3antetive, will approvo, Itodity, oa
di!approve evety addllronal clts!iliciliofl lclion wilhin 30
days ol recolpl end 60 ec,vl!6 HUO or lt! dosigfleo or will
notify HUO or it! doslgnoo wlthin the 30-day period that
additional limo ia necrssary. (Approved Dy tne ofiics ot
M.negement and Eudgel undar OMB conlrot number t2't5-
0140.)
{c) ln the eye t}|e conttaclor, the laboreas or mecianics
to be employed in the classification or their
repa$entative!, and Ht D or ilt c,eslgnee do nol agree on
lhe Daoposed clessificalion and wege rale (incloding the
amount deslgnaled lol fringa lrenefit3, whsre apprcp.lale).
HUO or it3 delagnee shall reler lhe eqeliton3, tnctuding
lhe viewr of all inlerasted ,arlie3 and ths recommendation
ol HUD or ilr delqnee. to th€ Administrator tor
deleahination- Ths AdminiSlrator, or an authorized
feptesenlalive, will 63ue a dgtetmtnalion within 30 dsys ol
receipt and so .dvile HUo or its d€3lonee o. wiI notity
HUD or lt3 desiOnee wllhln lno 30-dey period that
addilional lim8 is nsce!9ary. (Approved by lho Oftic€ of
M.[agemenl and Eudget under OMB Control Number
1215-01,t0.)
(d) The wage rato (tncluding trlnqe beoefits where
apptop,iale) detefintned pursuant to subparagrapis(lXiiXb) or (c) ot lhi! par.graph, sha bo paad to alt
worlers perlormlng wo ln the ctessificatton under lhis
contrrlt tfom tho lrr5l day on whach wot* rs per{ormed in
lhe classitication
(iii) Wheneyer the minrmum *age rale prescnbed in lhe
conlract for a cla33 0l laborer! or mechanrcs inctudeg a
Iringe beoetit whlcn 13 nolox9ressed .3 an hourly tate, the
contractor shall eilher gay tng benettt as stated in the
*age d€lermin2llon or 3hall pay anolher bona tlde fainqe
benefil or en hourly cash equlval6nt lieroof.
(ivl ll lhe conlreclor does not male payments to a lrustee
or otlrer third p€rson, th6 conttactor may consider as oe
tolrn HUD-{1}10 (062009)
ret thndbmk 13{4 1Prcl/iorrs erhilE are ctuItlele
-23-
PaqE 1 d5
of lh€ *ag€s of any lalrorer ot mechan,c the amount ol any
cosls reasonably anlicipaled in providing bona irdE kinge
ben€lrts und6r a plan or proEram, Provided, That tho
Secretary ot Labor has louod, upon the wrll€n roquest ot
the co.llraator, tiat the 6Drlirelle standards of the Oryl!-
Bacon Art hale been nt6t lhe S6cretary of Labor may
reqglre lho conlractor lo sot aside rn a s€parale accounl
assets tor the mesting of olllioatlons ondet th€ Dlan or
program- (Ap9roved by lhe offlce of Managemenl and
Bud*el !nder OMB Conlrol Number 12r5,0'140.)
2. Withholding. Hl.lD or its designee shall upon rts o$n
aelion or uDon wntten request ol an authorized
aeples€ntatrve or th6 Depatment ot Labor wrlhhold ot
cause lo ho wilhheld from lhs conlraclor unde, ihis
c0nlraat or any olier Feder3l cofilract wrlh lhe same pnme
conltactor, or any olhBr Federally-assisled contract
subject to Davls.Bacon pre!ailing wag€ r€quiremanls.
which Is hsld by ths same paine contrrctor 30 much of lhe
accrued payinenls or adlances as may be consldered
neces35ry lo pay iaborers and mechaolcs, rncludlng
,pprentlc€!, ltalneos and n€lpors employad by the
conlrrcto, or any suDconlractor lha lull amounl ol weges
required by th€ contrrcl ln the eyent of failure to pay any
laborer or mechanrc, inaluding any rpprentia€, tratnee or
helper. efiployed or worlrng on ihe sile ol lhe work, alt or
part of lhe wages required by tha contracl. HUD or ils
d€siqnee rnay, after wrillen notrce to lhs conlractor,
spontot, ap9lrcanl. ot orvoer, laka such aclion es may be
oecessary {o causs th€ susosnsion ol any lurlher
paymanl, advance, or gurrrnlee of funds untal such
vlolatjon3 hale ce;sed H|JO or lts design€e mey- aftsr
written oolice lo tie coniractoa, dlsburse such amoonts
$ilhh€ld tor and on accounl o, lhe cofitractor or
subcontmcior lo lh€ respactive employees lo *hom thoy
are due The cornptroller General shall make such
disbursements in the case ol direct Oavis-Bacon Act
contracts-
3. li) P.yrolls and baric record!. P.yroils an{ besla
fecoads relating lherelo shall be marntained by lhe
conlracloa durirlg lhe course of tie work ,reserved lor a
!eriod of three years therealler fDr all laboaeag atd
meclranics worling ,t the sile of the worl Such records
shall contain the name. 3ddress, and social securily
flurnbor o, each sucli worlet. his or her corrscl
classiticetion. hcualy rales ot waOes paid (including rates
ot contribrrllons or cosls anlicipated for boala (id€ (rinq€
bBn€fils or cash €qurvalents thereol ol the types describ6d
in Section l{b}(2)(A} ol ths Davis-tacon AclJ, daily and
v/eelly nurnber ol hours wo.Ied, deduclions mad6 and
aatual wages paid f,lheBeve, lhe Secretary ol Laboa has
found under 29 CFR 5.5 (alll)(iv) tnai lhe wrges ot any
laborer or mechania rncludo tho amount ol aoy costs
reasonalrly anllcrDaled in proyiding benetils under a plen
or rrograr* desrrilred in Seclion l(bj(2la) o, the Oavis-
Ba€on Art, lhe contaaclor shall marntain records uhrch
shoo that lhe commitmenl to prov,de such benefrts is
enforceable ihal lhe plan oa prcgram is frnancially
rgsponsible. and tial the plan or proqram has been
aommuoicaled in writing lo lhe laborers ot mechanics
altected, and records which show lhe cosls anticrpaied or
lha aclual cosl incurred in providing such tr€nefits
Conlraators employing apprentices or trainees under
arptoved programs shall mainlain u/ntlen eyldence ol the
regi3lration of appaeolicoship progranrs and cerliticalion of
lrain6o proqrams, the feqistratlon of lhe appreniic€s and
lrainees, and the rellos and wage rates prescribed in the
appllcatlle programs. (Approved by the Ofll.e of
Management and Eudgel under OMB Conlrol Numbers
1215-0140 and 12i5-0017.)
(ii) la) The aontriator shall submit $ee*ly fo. ee.i seek
in whici any contract worl i3 psdorft€d 6 aopy of all
psyrolls to HUo or its des,gnes if tne iqency is a parly to
lhe conlracl, bul i, lhe agency is nol st ch a pa(y, the
cofltreclor vrill 96bmrl ths payrolls lo lhe applicant
sponsor, or owner, as lho case may tla, ror [ansmission 1o
HUO or ils doslgnee. The peyrolls submitted shelt set out
acculnlely and complelely all of the informotion required
10 Ds mainlained under 2g CFR 5.5(a)(3)1i) excepl lhat full
soaial security numberg and iome addresses shall not be
included on weekly taansmilirls lostead the payrolls ghell
only need lo lnclude an lndlvjduilly idenlllyi.q numler lor
each emoloyee (e.9., the last lour digits ol lhe employee's
socral serurily number). The required weetly gayroll
rnlormatron may be submilted iI any lorm desired
Optional Form r/YH-347 is avellable for this purpose trom
ihe Wag€ and Hour Division WeD site at
hlto://vtr1/t'/. arol aor/e$al*hclttot ns/\,t113 47 instr. htn or tls
succes9or sils Tho primg conlractor i3 rssponsibls for
tne submlssion ol aopios ol payrolls lry ell suDaonlractors
Con!raciors and subconlrectors shall meinteln lhe tull
social security nuf.b€r and curr€nt addr€ss of each
covpr€d worler, and shall provide lh€n! lpon requegt lo
HUD or lls deslgnee it ihe agercy is a parly to the
conlracl. bul it the agency js not such a rarly. lhe
contaclor srll submrl the pey.olls to lhe applicant
sponsof. or owner, as lhe case may De, lor trensmission lo
HUD or its desiqnee- the contractor, or lie Waqe end Four
orylsron of the Dsparlment of laDor for gurpos* ol an
rnvesligalron or audrl or complianEe wdl prevailiflq wage
requrrenrenis. lt i9 nol a violalton of thas subleregraph foa
a prime contraclor 10 requira a subconlraclor lo provide
addresse! and social s6cu.ity numbe,s to li6 prlme
conlraclor for ils olvn records. wilhoul we€lly submission
lo NUD or its designee (Approvsd try the Ollice of
Maneg€ment and Budoot ulrder (f,irB Conlrol Number
't215,0149 )
(h) Eaci payroll submitlsd shall 116 accompanied [y a
"Statefient ol Compliance." siqned by the €ontGctor or
subconlraclor or his oa her aqenl who pays or super!lses
the paymenl ot the persofls employ€d undef the coalract
and shall ee(ily lhe lollolringr
{ll Thal lhe pay.oll lo. lhe payroll t€raod conlains the
inlormetron requlred lo be provided under 29 CFR 5 5
ia){310r), lhe appropriaie intormalion is being maintained
under 29 CFR 5"5iel(3)l'), and that such i.formatron ls
correcl eod complot9;
Ptellilui edrtolls are olrsoie:e tom HUD-4010 i06l2COS)
ret tiadbod( 13114.1Paqe 2 ot 5
-24-
l2) That eacn labore. or nechanjc lincluding erci ftelper,
apqreDliae, and l,aineE) employad on the conlracl dufing
lho payroll psriod has b€en paid Ihe full weekly wages
eraned. yrithout rebate, eith€t directly or lndirectly. lnd
lhat no d€ductlon3 have been made eilher dlrectly or
indiaectly kom tho full wages oarnod, othsr lhan
p€rmlssilrle doductions as sel forlh in 29 CFR Prrt 3;
13) Thet each laborer or m€chrnlc hes boen paid nol less
lhan lhe eppllcable wage rates and ltinqe benetils or cash
eqrlvalents lor lne alassilication ot work performed, aB
srecrlied ln lhe appliclble wlle deierminalion
incoDorated into lhe contracl.
lc) The weekly subftission of a g,operly ereculed
certification sel ,orlh on lne reveIse side of Optronal Form
rl\IH-347 shall s.tisly th. .eqLriaem€nt lor sllbmiasion ot thE
'Statement ol CofiDlianc6' roquir€d by subparagraph
A.3.(irxb)
({rl The falsilicalion of any o[ lie abov! certilicatons may
subrecl ihe conlractor or subconlraclor to ciyil oa criminal
proseculion under Section 100r of Tille 18 and Seclion
231 of Tillo 3l of lhe Uniled States Code.
(llll Thg contractor or sobcontrecloa lhall mako lhe
records required under subparrqrapi A.3.{l) avaitable for
lngpecllon, copyln9, or lrenscriplion by aulhorized
repregenlatavei of HUo or ils designee or the oepartment
ol Lalror, and shell permil such represenlalives lo
intervlew employees durinq warklno hours on lhe iob. It
the contractot ot tubcontraclor lails lo submlt lhe req!ireal
aecordt or lo mak€ lhem available. HL,O or its degignee
may, altar Br ten nolice to lhe contraclor, sponror,
applicent or owner, lat6 such aEtion as may ba nec6$ary
to cause lh€ susD€nslon of a.y turther peymenl, edvanc€,
or quaranlee of funds. Furlhermorc, leilure lo submit lhe
required records uron requesl or to mak€ such records
,veilablB mly [ro OroundS lor ctsbarmant actlon pursuanl lo
29 CFR 5.12.
4. APPtenticeB rnd Trainee3.
li) Appr€nticea. Apprsnlices c/ill b€ Derhitled to wort at
les3 than lhe paedetsrmlned rale for th€ work thsy
pertormed wh€n lhsy are employed pursu:nt lo and
individually reqrstered rn a bone lrde apprenticeship
p.ogram registered wilh ths t s oela Inent ot Labor.
Employmenl and Trrlning Admlnistration, Oflice of
Apprenti.esii9 Training. Employ6r and Labor Services, ot
vilh a Slale Apprentrceship Agency recognized by lhe
Office, ot rt a pe.son i3 employed in hi3 or het firsl 90
days ol prcbalronary employmanl ,s ,n apprentics in such
an appreolicesnip prooram. who ir nol individually
registered ifl ihe program, bul Bho has been certilied by
tho Oflic€ of Apprenliceship Trainrng, EmployBr and Labot
Services o. a Stale Aopr4nticoshi, Agsncy {trhers
aDproprjele) to he ellgiblo for Drobetionary employm€nt as
an apprentice. The ellowable ratlo ot appaentlce3 lo
iourneymen on the jolr sit6 in any crall clasgilication shall
not be qretter than tia ralio p8milled to lhe contracloa as
lo th€ enllre worfi lorce under lhe reglstered program. Any
worfter list€d on a payroll at an apprentice wage r:le, wlro
js nol regiStgaed or olheawise employed es ctatec, above,
shall bB paid not less lhen lhe applicable rvage rate on lhs
waqe cleteaminelion fof ths classilicalaon of worl acluelly
perlormed tn addilion, aoy appr6ntice performing worl on
tne Job site an excess ol Ihe ralio permttted under the
reoist€red progrrm shall bs paid nol less lhen lhe
applicable wage rals on the weg€ det€rmi.alion for tho
worl acluelly pertorded Where a contractor is perforininq
constrriatlon on e project in a locelity other tian ttrat tn
which its program is registererl, th€ retios and waqg rele3
(expressed in pe,cenlaqes ot the ioutreyrnan s iourly
rate) Specilied jn lhs contraclor's or subconlractor's
regi3tered program sirll be observed Every apprenlice
musl be peid a1 not lees lhzn the rate specified in the
regist€recl progrem tor tha apprentic€'3 leyel ol progreS!,
expr€sssd as a percsnlag€ ol lhe jolanoyman hourly aet€
speclfied in the apDlicablo waq€ delerminatlon
Apprenlice3 shall be paid tringo benElits in aecoadance
with ths provisions ol lh€ appronticestlip p.oqram It ihe
apprentlceshlp program does not speclly rrinoo benallts,
appre lces musl be pald lhe faJll amount ol lringe benafrls
llsted on lhe wage determinatlon for lhe apglicable
classilicakon. Il lh6 Admiristrato. deterfiines th.t a
dilferenl prertice prelails lor lhe appliclble apprenllce
clrsslllcrlion, fringes shall b6 pald in aEcordance wilt1 lhat
delennrn.lion. ln lie event the Oflice of A9prentrceship
Training, Employer anct Ltbor Sefytcer, or a Stal€
Appr€nticaship Agancy racoqolzecl by lho Otfice,
wilhdram epproval ol an apDrentic€ship pro0rem. lhe
contnctor will no longer be permitted to utilize
2pprentices al less lian lh6 applrcable p{odelermined rat€
lor ths work perform€d unlil an acceptabl€ program is
(ll) Traineer. Exc€pl as provldecl ln 29 CFR 5 t6,
lrainees will not be permitled to $oti at less than the
predelermined aate lor lhe worx pe ormed unless lhey are
employed putsuant ',lo and individually registered rn a
program which has recelved prior approval, avidonc€d by
tormal certilicetion by tIe U.S, Departmenl of Labor,
Employmenl and Trriniflg Administr.ljon. The rctio ot
taainees to lourneymen on the iob 3ite shalt not be lrealeathin permrlled und€r lhe plan approved by tn€
Employmeni and Training Adminblralion Every lraineo
mu3t be 9tid at not less lhan lhe rat€ spectfied in lhe
approyed program lor ths train€e s level oF progresa,
expr€ssed rs a percsnlag€ oI ths journeyman hourly rate
gp0ciii6d in lie applicablo wege determlnation. Tralnee3
shall bo pald lringe benefila in accordance wiih lhe
prollsions ol the trainee program. lf the tralnee pmqaem
do€3 nol msntion frlnqe belefits, ttaineos lnall b0 paid
the lull amount ot lringe b6nont9 lisled on ths wage
determination ualess the Admioislrelor of the Wage and
Houa Divisron aletermines lhrl lhere ls an eppronl'ceshrp
pro9ram assoEraled wrth ihe correspondrng journeyman
wage rate on the wage delerminatiori wiich protid$ for
less thao full fringe lenems loa apprantices. Any
employee listed on the 9ayroll at a lrainee rat€ who is not
rogislsred and parlicipating in a training plen approyed by
Preuous edlons are obsolelo tom HU[)-40I$ (m[COg)
rd Hambook 114{.1
'r<
Paqe 3 ot 5
lh0 Employmenl and Tralnlng Admlntstration shalt be Datdnol less lhan the applicable wage rale on lhe wage
del€rmiotlion lor lhe worl actuelly perlormed. ln addrtton.
any trainee performing work on lhe lob slto in excess oI
lhe ratio pe.milted undor tlo roglltarod paoOram shall be
Daid not less than the ,pplicablo waqe rato on tns waqe
det€.mlnallon lor tie *oll aclually pe ormed. ln tho
ovenl the Employmont and Train,n0 Adminiskation
wlthdrawt ap9roval of a trainrnO program. the conlracloa
will no longer b€ permilted lo utrlize tranees at les3 thafl
tho aDDllcable 9r€d€lermin6d rate lor the work perlormed
unlil an acteplaDle program js approvgd.
(lll) Equdl employment opporlunity. The ulilizallon of
apprentices, lraine€3 tnd loumeymen und€r 29 CFR Pan 5lhall be in conlormity *ilh lhe ecual employment
opoorttinily tequlrBments of Ex€culivs order 11246. a3
am€nded. and 29 CFR Pan 30.
5. Compliance wilh Copelrnd Acl requir.m.nir. The
conlractor shall comply wlth lhe requlremonts of 29 CFR
Parl 3 which a,o incorporaled by roference in lhis contract
6, Subconlractr. The contraclor or sr.rbconlarctol wrll
ins€rt in any 3ubcontracls tho clauso3 containod in
3ubpar.graphs I through 1l in thi! prragraDh A and luch
otnor alsuses as Huo or ii3 de$one6 may by approprlelo
rnslr{ctio0! roqui.6, and a copy ot lh6 appllaablo
pteverling wagc decillon. and also a rlaule requiring lhe
9lbconlraElor3 to include these alrusel in any lower lier
subcontEcl!. Tho prlmo conlaaclor shall lro responrlblo
lot th€ compllance by any subcontfacior or low€r ti€t
lubcontraclot with all lhe conlraEl clause3 ln lnis
paragr2ph.
?. Contr.ct terminrtlori d€b!.rnenl. A lreaclr ol lne
conlract clauses io 29 CFR 5 5 may bo ground! loa
t€rmlnatlon of th6 conlracl and tot debarmsnt a! a
conlraator and 2 3ubcontaaclor at provided rn 29 CFR
5'12.
8. comdlonc€ wtlrl Ddvlrgeo urd Rc&ted AEt Roqukoftenta.
All rulrnq3 end 'nter9aelationB ol lhe Oayrs-8acon afid
Relaled Aat! contained rn 29 CFR Perts l, 3. and 5 are
ngrein incotporated by relqrenco in lhis conlract
9. Di!putaa concoanln0 laboa 3tsndarda, Olspules
arlsing ort of the lebor 3landards provislon3 ot this
contr.ct shall not lre 3ubiecl to lhe genoral di39ules
clause of lhi3 conlracl. Such drspules shall be resolved rn
accordance with the Drocedur€s ol the Ooparlment ol
Labor sot lortll in 29 cFR Parl! 5. 6. .nd 7 olspule!
within thc meening of lhl! clause includo dllpulos b€two€n
the contractor {or any ol rls sr/bcontraclors) :nd HUo ot
it! da!iqnea. lhe U.S Deparlmont ot Ltbor, ot tho
employee! or their repr6senlelivos.
'10. (i) Certllic.tion o1 Eligiblllty. By ente.ing inlolhis
conl,act lho conlr.ctor ceninar that nsilhor il (oor hs or
sh6) nor eny person or lirm who has an iolerest in lho
aonlraclor't firm rs a person or firm rnelqrble to be
awarded Govetnmenl contracts by virtua of settion 3(a) ol
the Dayis-Bacon Acl or 29 CFR 5.12(aXl) or to De
awarded HUD conlracls or pafllclpale in HUD progrems
Pr.r.s!.nl lo 2il CFR Pert 24.
lll) No part of lhi! contract shatt b6 subcontracted to iny
person or tlam In6ll0lblo for.wari, ol a Govornmonl
conlr.cl by vinue ol section 3(e) ol the D.yis-8.coD Acl
or 29 CFR 5.12(a)(l) or lo bo awa.ded HuD.ontractr or
parlicipate an HUD p.ograms oursuant to 24 CFR Part 24
liii) The penelty lor making lals€ slal€ments i! prolcrbed
rn tie u.g. cramin.t codo, t8 u.s.c. .1001. Addition.fiy,
u.s. criminal code, saction I ol 0, Tille 18, u.s c..
'Federal Housing Administ,ation lransactlons', proyides in
p:rl: "whoever, loa lhe purpo36 ol lnlluencing ln any
wry the acllon ol ruch Admlniilratlon.l... malres, utters or
publi9he3 any sl.lemenl knoslng the same to be lalse. ...
shall be laned flot mor€ lh.n $5,000 o. imrrisonod not
mol6 ihan two yeara, or bolh.'
11- Complrlnlr, procecdlror, or Tertlmony by
Employeaa. No laloror or mecianic to whom lho wage,
saliry, or olhor labor standaadg proyi3ions ot thit Conlract
ere applicable thall bs dlscnatged or rn any olh€r menner
discrimanaled egalnst by lho Conlractor or any
subaonllaclor because such omployea has lilod any
comrliint or instltlrtod or cau3ed to bs instituted any
proceedlng or ha! toslilied or ls .boul to lestlfy ln any
procsedln9 undor or r6lalln9 lo tho labor standerds
applicable under lhlt Conlraal to hi! em9loyea-
B. Comrrd Yro.l ]lo{rs md S.hly Stildadr Aat nlo
FwEirE ol mis pffa0.4n B arB Tdic-b whelB fiB zno(nt of llle
Eirn€ slt'..i em€d9 S1m,m0. As used h tr! paf.grap[ llE
l€nrE labdeas'-n hedarics' lnclude walchmen and guat6s
('l I Orerlime rcquiremeot!. l\b cfilrac:to( 0a sub(olltracloa
dl'"eclrrg b xry paat ot tE dllrecr ,e $ftdr ney reqdre tr
hlonO f1s sllh}rlEat af bbc.elll Or m€ctarlca sbrl l.ql:€ d
lenn Jry s$dr l&aer c. medBic h y 9rart(upd( n ich the
ndvidrC E €rndoyed d1 srdl lltrt b Eat n €&r*s ar,t0 ho,s in
sldr yoat\rce* u{esa such hfier oa olechSrc leaetuB
co.nperElldl c a r.le ml leas tlill aaro axl dl}har inea [€ b*ic
rr€ of pey lba al ho.rs wted h exclss d 40 ndr! h $cn
(21 Viohlion; li0bility tor uoprid i.0e3; laq.rldaled
darnroea. ln Ihe event of any vlolalion of tne clause ret
lorth in subpa,agraph ('l) ol lhl3 paragraph, th. contractor
and any !ubcontractor aelponlible thetefoa shrll ba liable
tor lhe unpaid wager- ln addition, such eontraclor ard
subconlraclo. shall b6 lieblt to lhe Unlted Stato! (ln tfie
aase ol wort dona under conlrect lor the Olstrict ol
Columbla or. loratory, lo luch Olllaict or to such
l€nitory), tor llquld.lsd damages Such leuld.ted
drmag€3 shall ba compuled lrilh resp€ct la €.ch individual
laborer or mechenic, includin! walchmen and guards,
employed rn vrolation o, the clausg set loalh ilr
subperagraph (11 of thir Daaaoraph. in tr1. srm oaIl0 lE secrl
aalorn day 0o \rlich srrch irdMdrrl w Is((lsd d p€ndtted tost h exe!6 of the sfdrd ldfiEd( ot 40 lEis strlrrt paynEnl
of tie ovstrE EgEa requared by tlle clausE sst tonh in sub
9aragraph (l) of thi9 parsgraph.
Pranorb edmns are obsolerc fom Hut)-tl)ro (B2mg)
G, Hefttod( 13,14 'lPaqe4d5
-26-
(1) Wilhholding lo, urpaid [6ges !nd liquidated
drm!g.!. HUO o, lts dellgnea 3hall uoon Ila own .ctlon
or upon srllten request ot an aulhorazed repres€ntative o,
lhe Oopartmenl oi Labo, withhold or causr lo bo urlhheld,
from any money! payable on accounl of worl p€rtormed by
the contraclor o, subcontaclor under any such conlract o,
any olher Fedenl conlracl wllh the !am! Drime co0iract.
or any othe, Federally-alslstod contracl subjact lo tho
Contract Wort Hours and Safety Standerds Acl which i3
held by lhe lame prlm6 contraclor such iums 2s mey be
d€tsrmined to bo noaes3aay to selrsry any lrabilali* o,
such conlractot ot subconlractot lor ungeid waoe! and
liquidalod damao$ as grovidod in the clauso set forlh in
subparagraph (2) ot lhis paraoraph.
(4) Subcontracta. Tho contaactoa or subcontraclor shall
insert ln eny subconlracls lhe clroses sel forli ro
subparagraph {1) ihaough (4) of thlr paraqraph and rlso.
claus€ reguiring lio subcontractors lo include th€s6
clauseg in any lowet lier 3ubconttactg. fhe pnm6
conlractor lhall lro rerponslbla fo, compllanco by any
subcontraclot or lower laef subcontractor wllh the clause3
sel lotth In sulrpaai{raplrr ('l ) through (4) ot thl!
paaagraph.
C. Helllh 6nd Saroly. The p{ovElan3 aa thla paraqr+i C ars
apdiaauo vriers ti€ rrburt d0E ffl$o cdltsaal sxaoads St(n.mo.
(l) No laborer or mechaolc Ehall bo rsqulred to work ln
3urround,noc or und€r working condnron! which ato
unganrlary, hazardoug, ot danq€rous lo his heallh and
gafsty a3 delermined under conslrucllon saloty and h€alth
stendards promulgaled by lh€ S€c16l.ry ol Labor by
regulallon.
(2) The Conlraator shall comply *ilh all regulatlons
issued by the Secretary ot Labor pur3uant to Ttll6 29 Part
1926 and lailuro lo comply may rssult ln lmpo3ltion ol
sanclions pur3uant to lhe Conkact Work Hour! lnd Salety
Stand.rds Act, (Pubtlc L.w It'54. 83 Stet 96)_ 40 USC
3701 sl soo.
{3) The conlraclor 3hall include th6 provtstons oI lhts
paragraph ln every lubcontract so that 3uch paovlsiong will
ba bindng on each subcontractor. Tho conlraatoa shall
tale such aclion *rth relpect to any Subconlraclor as the
Secrelary ol Hoosing and urban Developmenl or the
secretary ol Labor 3hall darect 13 a means ol ertorcinq
such provisions.
irre!,ous edlllo s are oDsolele rorm HUD-4010 (06/200Il)
d kndbod( 134,1. tPa€ 5.f 5
-27-
EXHIBIT B
SCOPE OF SERVICES & PR OPOSED SCHEDULE
-28-
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-29-
PROJECT BUDGET
An Amount Not-to-Exceed Fifteen Thousand Seventy Dollars and Zero Cents
($15,070.00).
-30-