2020/03/18 Rick Engineering Company CIP 20-12 ROW Adams Ave & 1st Street Surveying ServicesPROFESSIONAL SERVICES AGREEMENT
FOR
CIP 2O.12i RIGHT OF WAY OF ADAMS AVENUE & Ist STREET SURVEYING SERVICES
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THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made this
day of 2OrE ("Effective Date") by and between the CITY OF MENIFEE, a California
munlct , ("City") and RICK ENGINEERING COMPANY, a A California Corporation,
("Consultant"). City and Consultant may sometimes herein be refened to individually as a "Party"
and collectively as the "Parties."
Section l. SERVICES. Subject to the terms and conditions set forth in this
Agreement, Consultant shall provide to City the services described in the Scope of Services,
attached hereto as Exhibit B and incorporated herein by this reference (the "Services").
Consultant will perform subsequent task orders as requested by the Contract Administrator (as
defined below), in accordance with the Scope of Services. 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 February
12,2020 and shall end on Decembet 31,2020 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 Seclion 8.
1.2 Standard of Performance. Consultant represents and warrants that
Consultant is a provider of first class work and services and Consultant is experienced in
performing the Services contemplated herein and, in light of such status and experience,
Consultant shall perform the Sewices 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 lhe Contract Administrator.
1.3 Assiqnment of Personnel. Consultant shall assi gn 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, Consullant shall, immediately upon receiving notice from City of such desire of City,
reassign such person or persons.
1.4 IE 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 ofthe Services or incur any costs whatsoever under the terms of this Agreement until
receipt of authorization from the Contract Administrator.
Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to
exceed Four Thousand Two Hundred Fifty Dollars and Zero Cents ($4,250.00),
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,
tnnrrh mpal corporatlon
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this Agreement shall prevail. City shall pay Consultant for services rendered pursuant to this
Agreement at the time and in the manner set forth herein. The payments specified below shall
be the only payments from City to Consultant for the Services rendered pursuant to this
Agreement. Consultant shall submit all invoices to City in the manner specified herein. Except
as specifically authorized in advance by City, Consultant shall not bill City for duplicate services
performed by more than one person.
Serial identifications of progress bills; i.e., Progress Bill No. 1 for the
first invoice, etc.;
The beginning and ending dates of the billing period;
A "Task Summary" containing the original contract amount, the
amount of prior billings, the total due this period, the balance
available under this Agreement, and the percentage of completion;
At City's option, for each item in each task, a copy of the applicable
time entries or time sheets shall be submitted showing the name of
the person performing the Services, the hours spent by each
person, a brief description of the Services, and each reimbursable
expense;
The total number of hours of work performed under the Agreement
by Consultant and each employee, agent, and subcontractor of
Consultant performing the Services hereunder necessary to
complete the Services described in Exhibit B;
Receipts for expenses to be reimbursed;
The Consultant Representative's signature
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.City shall pay the last ten percent (10%) of the total
amount due pursuant to this Agreement within sixty (60) days after completion of the Services
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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:
and submittal to City of a final invoice, if all of the Services required have been satisfactorily
performed.
2.4 Total Payment. City shall not pay any additional sum for any expense or
cost whatsoever 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 Consullant on an hourly basis
shall not exceed the amounts shown on the fee schedule included with Exhibit B
2.6 ReimbursableExpenses. 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 8, City shall compensate Consultant for all
outstanding costs and reimbursable expenses incurred for Services satisfactorily completed and
for reimbursable expenses as of the date of written notice of termination. Consultant shall
maintain adequate logs and timesheets in order to verify costs and reimbursable expenses
incurred to that date.
FACILITIES AND EQUIPMENT. Except as otherwise provided,
Consultant shall, at its sole cost and expense, provide all facilities and equipment necessary to
perform the services required by this Agreement. City shall make available to Consultant only
physical facilities such as desks, filing cabinets, and conference space, as may be reasonably
necessary for Consultant's use while consulting with City employees and reviewing records and
the information in possession of City. The location, quantity, and time of furnishing those facilities
shall be in the sole discretion of City. 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 maintains insurance that meets the requirements of this section and which
is satisfactory, in all respects, to City. Consultant shall maintain the insurance policies required
by this section throughout the term of this Agreement. The cost of such insurance shall be
included in Consultant's compensation. Consultant shall not allow any subcontractor, consultant
or other agent to commence work on any subcontract until Consultant has obtained all insurance
required herein for the subcontracto(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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Section 3.
4.1 Workers' Compensation. Consultant shall, at its sole cost and expense,
maintain Statutory Workers' Compensation lnsurance and Employeds 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 Employe/s 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
officers, officials, employees, and authorized volunteers for loss arising from the Services
performed under this Agreement.
l. General reouirements. Consultant, at its own cost and expense,
shall maintain commercial general and automobile liability insurance for the term of this
Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence,
combined single limit coverage, for risks associated with the Services contemplated by this
Agreement, TWO MILLION DOLLARS ($2,000,000.00) general aggregate, and TWO MILLION
DOLLARS ($2,000,000.00) productdcompleted 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 aggregate limit shall apply separately to the Services
to be performed under this Agreement or the general aggregate limit shall be at least twice the
required occurrence limit. Such coverage shall include but shall not be limited to, protection
against claims arising from bodily and personal injury, including death resulting therefrom, and
damage to property resulting from the Services contemplated under this Agreement, including the
use of hired, owned, and non-owned automobiles.
2. Minimum scooe of coveraqe. Commercial general coverage shall
be at least as broad as lnsurance Services Office Commercial General Liability occurrence form
CG 0001, 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. Additiona I reouirements. Each of the fol lowing 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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4.2 Commercial General
Automobile Liabilitv lnsurance.
4.3 PlgfessionalLiabilitylnsurance.
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 followi ng 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 Effeclive
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 lhe 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 admifted in California.
2. Verification of covera qe. 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
ce(ified 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: ClP20-
12: RIGHT OF WAY OF ADAMS AVENUE & 1st STREET SURVEYING SERVICES. The name
and address for Additional lnsured endorsements, Certificates of Insurance and Notice of
Cancellation is: City of Menifee,29714 Haun Road, Menifee, CA 92586. City must be endorsed
as an additional insured for liability arising out of ongoing and completed operations by or on
behalf of Consultant.
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3.Notice of Reduction nor Cancellation of Coveraqe . Consultant
4.Additional insured:nma rv lnsu fa n ce.City and its officers,o
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
proteclion 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 ('l) 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 -tns ured R etentions.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 Contracl Administrator, Consultant may increase such deductibles or
self-insured retentions with respect to City, its officers, employees, agents, and volunteers. The
Contraci Administrator may condition approval of an increase in deductible or self-insured
retention levels with a requirement that Consultant procure a bond guaranteeing payment of
losses and related investigations, claim administration, and defense expenses that is satisfactory
in all respects to each of them.
6. Subcontractors. Consultant shall include all subcontractors as
insureds under its policies or shall furnish separate certificates and certified endorsements for
each subcontractor. All coverages for subcontractors shall be subject to all of the requirements
staled herein.
7. Variation. The Contract Administrator may approve in writing a
variation in the foregoing insurance requirements, upon a determination that the coverage, scope,
limits, and forms of such insurance are either not commercially available, or that City's interests
are otherwise fully protected.
4.5 Remedies. ln addition to any other remedies City may have if Consultant
fails to provide or maintain any insurance policies or policy endorsements to the extent and within
the time herein required, City may, at its sole option, exercise any of the following remedies, which
are alternatives to other remedies City may have and are not the exclusive remedy for
Consultant's breach:
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shall provide written notice to City within ten (10)working days if: ('l) anyof the required insurance
policies is terminated; (2) the limits of any of the required polices are reduced; or (3) the deductible
or self insured retention is increased.
Order Consultant to stop work under this Agreement or withhold any
payment that becomes due to Consultant hereunder, or both stop
work and withhold any payment, until Consultant demonstrates
compliance with the requirements hereof; and/or
Terminate this Agreement.
Section 5.
5.1
INDEMNIFICATION.
lndemnifi cation 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-consultanls (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 han 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, administrative proceedings, regulatory proceedings,
losses, expenses, or costs ofany kind, whether actual, alleged, orthreatened, 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 Prqfessionals.
Notwithstanding any provision of this Section 5 to the contrary, design professionals are required
to defend and indemnify City only to the extent permitted by Civil Code Section 2782.8. The term
"design professional" as defined in Section 2782.8, is limited to licensed architects, licensed
landscape architects, registered professional engineers, professional land surveyors, and the
business entities that offer such services in accordance with the applicable provisions of the
California Business and Professions Code.
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Obtain such insurance and deduct and retain the amount of the
premiums for such insurance from any sums due under this
Agreement;
5.4 Limitation of lndemnification. The provisions of this Section 5 do not
apply to claims occurring as a result of City's sole or active negligence. The provisions of this
Section 5 shall not release City from liability arising from gross negligence or willful acts or
omissions of City or any and all of its officers, officials, employees, and agents acting in an official
capacity.
STATUS OF CONSULTANT.
6.1 lndependent Contractor. At all times during the term of lhis Agreement,
Consultant shall be an independent contractor and shall not be an employee of City. City shall
have the right to control Consultant only insofar as the results of the Services rendered pursuant
to this Agreement and assignment of personnel pursuant to Subparagraph 1.3; however,
otheMise City shall not have the right to control the means by which Consultant accomplishes
the Services rendered pursuant to this Agreement. The personnel performing the Services under
this Agreement on behalf of Consultant shall at all times be under Consullant'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 compensalion to Consultant for
performing the Services hereunder for City. City shall not be liable for compensation or
indemnification to Consultant for injury or sickness arising out of performing the Services
hereunder. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or
ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors
providing services under this Agreement shall not qualify for or become entitled to any
compensation, benefit, or any incident of employment by City, including but not limited to eligibility
to enroll in the California Public Employees Retirement System ("PERS") as an employee of City
and entitlement to any contribution to be paid by City for employer contributions and/or employee
contributions for PERS benefits.
Section 7. LEGAL REQUIREMENTS.
7.1 Governinq Law.The laws of the State of California shall govern this
agreement
7.2 Gompliance with Apolicable Laws. Consultanl 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 aftached 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 Acl of
1974 (42U.5.C. SS 5301 e, seq.) as amended from time to time, and the implementing regulations
set forth in 24 C. F. R. SS 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 with this Agreement and the CDBG
Requirements, Consultant shall, to the extent possible, comply with the most restrictive provisions
in this Agreement and the CDBG Requirements. Each and every provision required by law to be
included in this Agreement shall be deemed to be included, and this Agreement shall be read and
enforced as though all such provisions were included. Consultant acknowledges and agrees that
it shall be and remain, and shall cause Consultant personnel to be and remain, fully
knowledgeable and apprised of all local, state and federal laws, rules, and regulations in any
manner affecting the performance under this Agreement, including the CDBG Requirements.
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Section 6.
Consultant shall indemnify, protect, defend, and hold harmless City and its officials, officers,
employees, and agents, with counsel reasonably acceptable to City, from and against any and all
loss, liability, damage, claim, cost, expense and/or "increased costs" (including reasonable
attorneys'fees, court and litigation costs, and fees of expert witnesses) that results or arises in
any way from any of the following: (a) the noncompliance by Consultant of any applicable local,
state and/or federal law, including, without limitation, any applicable federal and/or state labor
laws (including, without limitation, if applicable, the requirement to pay state or federal prevailing
wages and hire apprentices); (b) the implementation of Section 1781 of the Labor Code, as the
same may be amended from time to time, or any other similar law; and/or (c) failure by Consultant
to provide any required disclosure or identification as required by Labor Code Section 1781, as
the same may be amended from time to time, or any other similar law. The foregoing indemnity
shall survive termination or expiration of this Agreement. 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 Section 178'1, 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, or
(b) engage in the performance of any contract for public work entered into on or after April 1,
2015, unless currenlly registered and qualified to perform the public work pursuant to Labor Code
section 1725.5. A bid shall not be accepted nor any contract or subcontract entered into without
proof of the contractor or subcontrac{or's current registration to perform public work pursuant to
Labor Code section 1725.5.
7.4 Comoliance 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 subject 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 contract with
each contractor and subcontrac{or 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 re presents 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 lhis 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 maintatn during the term of this Agreement valid Business
Licenses from City.
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Section L TERMINATION AND MOOIFICATION.
8.'l 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 compensation for
the Services performed up to the date of termination; City, however, may condition payment of
such compensation upon Consultant delivering to City any or all documents, photographs,
computer software, video and audio tapes, and other materials provided to Consultant or prepared
by or for Consultant or City in connection with this Agreement.
8.2 Extension. City may, in its sole and exclusive discretion, extend the end
date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall
require a written amendment to this Agreement, as provided for herein. Consultant understands
and agrees that, if City grants such an extension, City shall have no obligation to provide
Consultant with compensation beyond the maximum amount provided for in this Agreement.
Similarly, unless authorized by the Contract Administrator, City shall have no obligation to
reimburse Consultant for any otherwise reimbursable expenses incurred during the extension
period.
8.3 Amendments. The Parties may amend this Agreement only by a writing
signed by all the Parties.
8.4 Assiqnment and Subcontractinq.City and Consultant recognize and
agree that this Agreement contemplates personal performance by Consultant and is based upon
a determination of Consultant's unique personal competence, experience, and specialized
personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement
was and is the professional reputation and competence of Consultant. Consultant may not assign
this Agreement or any interest therein without the prior written approval of the Contract
Administrator. Consultant shall not subcontract any portion of the performance contemplated and
provided for herein, other than to the subcontractors noted in Consultant's proposal, without prior
written approval of the Contract Administrator. 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 Ootions uDon B ch bv Consultant.lf Consultant materially breaches
any of the terms of this Agreement, City's remedies shall include, but not be limited to, any or all
of the following:
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;
Retain a different consultant to complete the Services described in
Exhibit B; or
a
b
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Charge Consultant the difference between the cost to complete the
Services described in Exhibit B that is unfinished at the time of
breach and the amount that City would have paid Consultant
pursuant to Section 2 if Consultant had completed the Services.
Section 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Consultant's Performance. All reports,
data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies,
specifications, records, files, or any other documents or materials, in electronic or any other form
that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters
covered hereunder shall be the property of City. Consultant hereby agrees to deliver those
documents to City upon the expiration or termination of this Agreement. 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 poects 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 Consultanfs 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 Records. Any records or documents that Seclion
9.2 of this Agreement requires Consultant to maintain shall be made available for inspection,
audit, and/or copying at any time during regular business hours, upon oral or written request of
City. Under California Government Code Section 8546.7, if the amount of public funds expended
under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), this Agreement shall
be subject to the examination and audit of the State Auditor, at the request of City or as part of
any audit of City, for a period of three (3) years after final payment under the Agreement.
Section 10. MISCELLANEOUS PROVISIONS.
10.1 Attornevs' Fees. lf either Party to lhis 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
aftorneys' 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 ofthe litigation. The court may set such fees in the same action or in a separate action
brought for that purpose.
1O.2 @. ln the event that either Party brings any action against the other
under this Agreement, the Parties agree that trial of such aclion shall be vested exclusively in
Riverside Counly.
d
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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 adjudged shall remain in full force and etfect. The invalidity in whole or in part of any
provision of this Agreement shall not void or atfecl the validity of any other provision of this
Agreement.
1O.4 No lmplied Waiver of Breach. The waiver of an y breach of a specific
provision of this Agreement does not constitute a waiver of any other breach of that term or any
other term of this Agreement.
10.5 Successors and Assiqns. 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.
'l.0.7 CiW Contract Administration. This Agreement shall be administered by
a City employee, Carlos Geronimo, Sr. Civil Engineer ("Contracl Administratod'). All
correspondence shall be directed to or through the Contract Adminiskator or his designee. The
Contract Administrator shall have the power to act on behalf of City for all purposes under this
Agreement. Unless othenvise 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 nolice to Consultant shall be sent to:
RICK ENGINEERING COMPANY
Attn: Carson P. Edgington PE
5620 Friars Road
San Diego, CA 92110
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
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
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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
reporUdesign responsibility.
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 !4lg!!9. This Agreement, including Exhibits A, B, and C attached
hereto, represents the entire and integrated agreement between City and Consultant and
supersedes all prior negotiations, representations, or agreements, either written or oral. The
terms of this Agreement shall be construed in accordance with the meaning ofthe language used
and shall not be construed for or against either Party by reason of the authorship of this
Agreement or any other rule of construction which might otherwise apply.
10.12 Counterparts. This Agreement may be executed in multiple counterparts,
each of which shall be an original and all of which together shall constitute one agreement.
10.r3@ThepersonsexecutingthiSAgreementonbehalf
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.
{0.15 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 Office rs and Emolovees,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 Undle 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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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 Benefitto Arise to Citv Emplovees. No member, officer, or employee
of Clty, 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.
CITY OF MENIFEE CONSULTANT
rman do G.ity Nlanager nGi n, Principal,CL
Edgington, Associate ,i . -lV jlg
A ity Clerk
AS Form:
[ilel Attorney
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44l-t
(
\..--_----..--
aL'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 Givil Rights Act of '1964, as amended, including Public
Law 88-352 implemented in 24 CFR Part 1. This law provides in part that no person shall, on
the grounds of race, color, or national origin be excluded from participation in, be denied the
benefits of, or be subjected to discrimination under any program or activity receiving federal
financial assistance. 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, TitleVlll of the Civil Rights Act of '1968, as amended,
including Public Law 90-234. The Fair Housing Act provides in part that there shall be no
discrimination in housing practices on the basis of race, color, religion, sex, and national origin.
The Fair Housing Act was amended in 1988 to provide protections from discrimination in any
aspect of the sale or rental of housing for families with children and persons with disabilities. The
Fair Housing Aci also establishes requirements for the design and construction of new rental or
for-sale multi-family housing to ensure a minimum level of accessibility for persons with
disabilities.
c. Section 109 of Title I of the Housing and Community Development Act
of 1974, as amended, including 42 U.S.C.5301 et seq., 42 U.S.C.6101 et 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 othenrvise 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 ef. seq. This law provides in part that any
grant under Section 106 shall be made only if the grantee certifies to the satisfaction of the
Secretary of HUD that the grantee will, among other things, affirmatively further fair housing.
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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.
'I
e. Executive Order 11246, as amended. This order includes a requirement
that grantees and Consultants and their contractors and subcontractors not discriminate against
any employee or applicant for employment because of race, color, religion, sex, or national origin.
f. Executive Order'11063, as amended, including 24 CFR Part'107. This
order and its implementing regulations include requirements that all actions necessary be taken
to prevent discrimination because of race, color, religion, sex, or national origin in the use,
occupancy, sale, leasing, rental, or other disposition of property assisted with Federal loans,
advances, grants, or contributions.
C. 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
assislance.
j. EEO/AA Statement. Consultant shall, in all solicitations or advertisements
for employees placed by or on behalf of Consultant, state that it is an Equal Opportunity or
Affirmative Action employer.
k. MinorityMomen 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 frfty-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.
a. Air and Water. Consultant shall comply with the following regulations
insofar as they apply to the performance of the Agreement: Clean Air Act, 42 U.S.C. 7401, et
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2. Environmental.
seq.; Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251, et seq., as amended,
1318 relating to inspection, monitoring, entry, reports, and information, as well as other
requirements specified in said Seclion 114 and Section 308, and all regulations and guidelanes
issued thereunder; and the U.S. Environmental Protection City regulations pursuant to 40 CFR
Part 50, as amended.
b. Flood Disaster Protection Act of 1973. Consultant shall assure that for
activities located in an area identified by FEMA as having special flood hazards, flood insurance
under the National Flood lnsurance Program is obtained and maintained.
c. Lead-Based Palnt. 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 rehabilitation and demolition of
historic properties that are fifty years old or older or that are included on a federal, state, or local
historic property list.
e. Limitation on Activities Pending Glearance. 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. S58.34, or is categorically excluded (except in elitraordinary 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 out each activity under the
Agreement in accordance with all applicable federal laws and regulations described in Subpart K
of 24 C.F.R. $ 570 except for City's environmental responsibilities under 24 C.F.R. g 570.604 and
City's responsibility for initiating the review process under the provisions of 24 C.F.R. part 52.
5. Reversion of Assets. Upon the expiration of the Funding period or sooner
termination of the Agreement, Consultant shall transfer to City (a) any and all CDBG Funds,
(b) any accounts receivable aftributable 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 lo 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. $ a601 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 otherwise arising from any act or omission of Consultant
pursuant to the provision of relocation assistance.
7. Allowable Costs and Audits. Consultant shall comply with and administer the
Program in accordance with OMB Circular No. A-122 "Cost Principles for Non Profit
Organizations" or OMB Circular No. A-21 "Cost Principles for Educational lnstitutions", as
applicable. lf Consultant is a governmental or quasFgovernmental agency, the applicable
sections of 24 CFR Part 85, "Uniform Administrative Requirements for Grants and Cooperative
Agreements to State and Local Governments," and OMB Circular A-87 shall apply. Consultant
shall have an annual audit conducted in accordance with OMB Circular No. A-133, "Audits of
States, Local Governments, and Non-Profit Organizations."
8. Records and Reports. Consultant shall provide to City and shall cause each of
its contractors, subcontractors, and Consultants to provide to City all records and reports relating
to the Program that may be reasonably requested by City in order to enable it to perform its record
keeping and reporting obligations pursuant to the CDBG Requirements, including but not limited
to those described in the Agreement and 24 CFR 570.506.
9. Religious Organizations. 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(j).
10. Conflict of lnterest. Consultant will comply with 24 C.F.R. 84.42, 85.36 and
570.611 regarding the avoidance of conflict of interest, which provisions include (but are not
limited to) the following:
i. Consultant shall maintain a written code or standards of conduct that shall
govern the performance of its officers, employees or agents engaged in the award and
administration of contracts supported by Federal funds.
ii. No employee, officer or agent of the Consultant shall participate in the
selection, or in the award, or administration of, a contract supported by Federal funds if a
conflict of interest, real or apparent, would be involved.
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iii. No covered persons who exercise or have exercised any functions or
responsibilities with respect to CDBc-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 wlth respect to the CDBc-assisted activity, or with
respect to the proceeds from the CDBG-assisted activity, either for themselves or those
with whom they have business or immediate family ties, during their tenure or for a period
of one ('l) 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(aX3)). Consultant is prohibited from using
CDBG funds to finance the use of facilities or equipment for political purposes or to engage in
other partisan political activities, such as sponsoring candidate forums, distributing brochures,
voter transportation, or voter registration.
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 wilt
be paid to any person for influencing or attempting to influence an officer or employee of
any agency, a Member of Congress, an officer or employee of Congress, or an employee
of a Member of Congress in connection with this Federal contract, grant, loan, or
cooperative agreement, it will complete and submit Standard Form-LLL, "Disclosure Form
to Report Lobbying," in accordance with its instructions.
iii. lt will require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts
under grants, loans, and cooperative agreements) and that all Consultants shall certify
and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when
this transaction was made or entered into. This certification is a prerequisite for making or entering
into this transaction imposed by section 1352, title 31, U.S.C. Any person who fails to file the
requrred certification shall be subject to a civil penalty of not less than $10,000 and not more than
$100,000 for each such failure. At the request of City, Consultant shall execute a separate
document that contains the certifications set forth above.
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12. Anti-Lobbying Certification. By its execution of the Agreement, Consultant
hereby certifies that:
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:
i. Publishing a statement notifying employees that the unlawful manufacture,
distribution, dispensing, possession, or use of a controlled substance is prohibited in the
grantee's workplace and specifying the actions that will be taken against employees for
violation of such prohibition.
ii. Establishing an ongoing drug-free awareness program to inform
employees about: (a) the dangers of drug abuse in the work place; (b) the grantee's policy
of maintaining a drug-free workplace; (c) any available drug counseling,
rehabilitation, and employee assistance programs; and (d) the penalties that may be
imposed upon employees for drug abuse violations occurring in the workplace.
iii. Making it a requirement that each employee to be engaged in the
performance of the grant be given a copy of the statement required by paragraph (i).
iv. Notifying the employee in the statement required by paragraph (i) that, as
a condition of employment under the grant, the employee will: (a) abide by the terms of
the statement; and (b) notify the employer in writing of his or her conviction for a violation
of a criminal drug statute occurring in the workplace no later than five (5) calendar days
after such conviction.
v. Notifying the agency in writing, within ten (10) calendar days after receiving
notice under sub-paragraph (ivxb) from an employee or otherwise receiving actual notice
of such conviction. Employers of convicted employees must provide notice, including
position title, to every grant officer or other designee on whose grant activity the convicted
employee was working, unless the Federal agency has designated a central point for the
receipt of such notices. Notice shall include the identification number(s) of each affected
grant.
vi. Taking one of the following actions, within thirty (30) calendar days of
receiving notice under subparagraph (iv)(b), with respect to any employee who is so
convicted: (a) taking appropriate personnel action against such an employee, up to and
including termination, consistent with the requirements of the Rehabilitation Act of 1973,
as amended; or (b) requiring such employee to participate satisfactorily in a drug abuse
assistance or rehabilitation program approved for such purposes by a Federal, State or
local health, law enforcement, or other appropriate agency.
vii. Making a good faith effort to continue to maintain a drug-free workplace
through implementation of paragraphs (i), (ii), (iii), (iv), (v), and (vi).
14. Procurement. Consultant will comply with the procurement standards under 24
CFR 85.36 for governmental Consultants and 24 CFR 84.4048 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:
i. The work to be performed under this contract is subject to the requirements
of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C.
S 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 HUO assistance for housing.
ii. The parties to this contract agree to comply with HUD'S regulations in 24
C.F.R. Part 135, which implement Section 3. As evidenced by their execution of this
contract, the parties to this contract certify that they are under no contractual or other
impediment that would prevent them from complying with the Part 135 regulations.
iii. The contractor agrees to send to each labor organization or representative
of workers with which the contractor has a collective bargaining agreement or other
understanding if any, a notice advising the labor organization or workers' representative
of the 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 the
Section 3 preference, shall set fo(h minimum number and job titles subject to hire,
availability of apprenticeship and training positions, the qualifications for each; and the
name and location of the person(s) taking applications for each of the positions; and the
anticipated date the work shall begin.
iv. The contractor agrees to includethis Section 3 clause in every subcontract
subject to compliance with regulations in 24 C.F.R. Part 135, and agrees to take
appropriate action, as provided in an applicable provision of the subcontract or in this
Section 3 clause, upon a finding that the subcontractor is in violation ofthe regulations in
24 C.F.R. Part 135. The contractor will not subcontract with any subcontractor where the
contractor has notice or knowledge that the subcontractor has been found in violation of
the regulations in 24 C.F.R. Part 135.
v. The contractor will certify that any vacant employment positions, including
training positions, that are filled ('l) 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.
Consullant shall abide by the Section 3 clause set forth above and will also cause this
Section 3 clause to be inserted in all contracts relating to the Program.
b. Labor Standards. Consultant shall comply with the provisions of 24
C.F.R. 570.603 and related requirements. Consultant shall include in all applicable construction
contracts the provisions of federal law imposing labor standards on federally assisted contracts.
Consultant shall comply with the requirements of the Secretary of Labor in accordance with the
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Davis-Bacon Act as amended (40 U.S.C. 3141 through 3148), the provisions of Contract Work
Hours and Safety Standards Act (40 U.S.C. 327 ef seg. and implementing regulations), the
Copeland Anti-Kick Back Act (40 U.S.C. 276c and 18 U.S.C. 874 ef seg.), the imptementing
regulations of the U.S. Department of Labor including 29 CFR Parts 1, 3, 5, 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 40'10. Consultant shall comply and cause Consultant
Personnel to comply with the provisions of HUD Form 40'10 attached hereto. HUD Form 4O1O
must be included in the bid packet and construction contrac{ and subcontracts for the Projecl.
'r.)
Fcdcral Labor Standards Provlsions U.S. D.partm!nt o, Hourlng
nnd ur!rn olvcloPmcnt
Ofice of Labor Retatlons
Appllc.bllity
Tho Projscl or Program to whiah lhs conrtruclion worl
coyered by thll mnl.rcl Dedeina I! beino asrlsted by th€
unltsd Slales ol Ams.iaa and th€ tollo'rin9 Foderal Labor
Standedr Provlsions are inctud€d ln lhls Conlract
pursuanl to lhs proyjsion! applicabla to such F€der{
a3!l3lana6.
A. l. lll llnimum $agoa. All laborera and mechanlc!
amployod or *ofilng upon lh6 site ot th6 rorl, will be peld
unconditionally and nol le33 oRen lhan once a weel. and
withoul subsequenl deduction fi rebate on any account
(oxcopt 3uch payroll dedoctions a3 a.o germittod by
.eoulations assued by lie Secrelt,y ol LaDor under lhe
Copelend Acl (29 CFR Pirt 3), ths ,ull amounl ol w.9ea
and bona tld€ fringe henelits (or cash oqliralanl! lhorsot)
du6 al lim6 o, peyment computrd ai ral6s not lo3! than
lhoso conleinod in the waOe dslsrmtnalion ol ths
Secaotary ol Laboa wrrach is altachad horeto end nado eptrt h€reoI, regerdleS3 of any contragtual 16laiionshtp
whach may be alleged to exrst between the aontracloa end
3uch laborsr3 and mechrnic! Conklbullon! made or
cost! rBaEon.bly antlclpaled lor bon, ,idg kiogo boDollt!
under Section l(bx2) of the Davi!-Bacon Act on behall o,
lebor€rt or m€chanlca aro consldered wage! pald lo luch
laboaer! or mechanica, subiact to lhe prcvtllons ol 29 CFR
5 SlaJ(l)(iv): also, reqtlar contnbution! mada or cosla
ancorred lor more tnan a we€*ly period (Dut nol loss otl6n
lhan quanafly) urder plar!, fund3, or prooram!, whi.h
cover lhs parlicular weelly period. aro doomod to bo
conllrucllv€ly made or ioaurred dunng Such s€elly porlod
Such laboroB and mech.nica shall bo patd lhs approrrtato
waos rate and frino6 belefits on lha wage delahinelion
tor lha clarsltlcalion ot *ort actuatty performad. *ithout
rogald lo lklll, ercapl a3 proyidod in 29 CFR 5.5(aX1).
Lahoret3 or mechenics pefto{min0 worl in more than ong
classitiration may be compenaaled at lhe ..te sDecilied tor
€ach clesliflcation lor ths lime actuatly sottad ther6ln:
Providod, Th.t the emptoyei3 p.yroll record3 accuralety
lel lorti lhs lim6 spent ifl eaci atasslltcetton tn whrah
worl l! porrormed. The wago dotsrminatlor {lnctudlno any
addilional clessllicallon tnd wage rato! contolmod undsr
29 CFR 5.5(rxlXri) and ths D.yis-B..on polter (WH-
1321) shall be posled.t atl itmes by th€ conlractor and it!
subaontractorr 2t lhe site ol lh6 worl in a Dtomjnelt and
accessible, 9lace wneto it can be easrly seen by the
lli) l.) Any chss ol laboreB o. mechanic! whach is not
lisled ln the wage determlnalton and hich i! lo be
ernployad undsr the contract shall De cla!3ifiod in
conformancs $lh lhe w"qo dotomination. HUo lha
apptov6 an addational clls3iticat,on and wagg rale and
lrlngo bonofllg th€relor orly when tha fotlowing cr[aria
have tloefl met:
lll The worl( lo be oerlormed by lhe cllssiticalion
.equested 13 not peilormed by a classlflcallon in the wage
ct€lerminalion; and
(21 The classitication i! utllized in th€ .rea by the
constructlon rndustay: and
{31 Tne propored *age rals, lncludtng any bone ftdB
linge benerils, OeaB a tealonable relalionship to the
wage rat€s cont:lned in th6 waqe dolormlnalion
(b) It lle conlractor and lhe l.bor6rr end mecianica to be
emDloyed in the cl.s3rtacation (rt finown), or their
represenlaliyes, and Huo ot its d6!igne6 aqaoe oo the
.lalsitlcation and wage ralo (lncludh0 tho amount
deslqnaled tor lrlnq6 benetlls ryh€re approD.iate), a report
ol the zclloD lelen sh.ll be 3gnt by HUD or its deslqhos to
the Adm,nislr.tor ol the Wago and Hour Oavisiofl,
Employmenl Standards Admifliltralron, [J.S. Deparlmenl of
Ltbor, \,yashrnglon, 0.C 20210 The Admlntslrator, or an
autrrorized raprelanlellve, wlll approv€, ,riodity, or
disapp.oye every addilionll clas!iltcatton action within 30
days oI tac€lpt and so advlso HUO ot lts deslgn€a or \f,lll
noliry HIJD or ila dssigneo wtthin lho 30-day pBriod that
additionel time is n€.essary. (ADDroved by the Oltic€ ot
Man:gement and Budgel und6r OMB control number 12't5-
0140.)
lc) ln tho evenl the conlraclot, tho leborer! o, hechanias
lo b€ employed rn lho classification o. their
representzlrtes. and HUo ot lts delignee do not agree on
the proposed classifi(alion.nd waqe.ate (inrtuding the
amounl deslgnated lor lringe benofll!, wher€ agproDriate).
HUO or ils de3ign66 3hall .efor the questtoni, tnctudinq
the view! of all inlereitod parlie! and tho recommandalion
ol HUO or ,lt designee, to th8 Administfator for
deteaoination. The Admini8lrator, or an authorized
represenlalive, will ts!ue a determtnalion wilhin 30 d2ys oI
receipt:rod so advlse HUD or it! destgnee or w t notify
HUO or lts doslqnse wlthln the 30-day portod that
additional tim6 is n€coalary. {ADprovod by tho Offico of
Managemenl and Budget lndor OMB Control Numbet
12t5-0140.)
(d) Iie wago rat6 (including tringe t enetits where
appropriele) delermrned pur3uenl to subparagraphs
(lXiiXb) or (c) of lhis par.gra9h, shatt bE paid to zfl
*otlerc psrformin! worl ln tie al2srilicalton under lhas
conlract from the iast day on whtch worl ls pe ormed in
the cl23sillcatloo
(iii) lryienevs lha manrmum wage rate Dreltrbed in lhe
conlract ,ot a class ol leborer3 or mechanirs inetudes a
fringo beoelit wilch is not arprossed as nn hourly rate. the
conlriratoa shall either 9ay tno bonetil as Slated in the
wage delerminatlon oa shall pry anolhea bona tide fringe
benefit ot an hourly cash equlvalont lher€of.
liy, ll the contreator does not make payments to a lrustee
or olhet lhird person, th€ aonttactor mry constder a3 pttt
PrelDt s e(filirrs are cosolele
-23-
,b{m HUI},1010 (042009)
ret Handboot( 1344.1Paqeld5
ot lhs wages ot any leborer ot nrechanic the amourt o[ any
cosls reesonably anticipated iI proyiding bona lid€ frings
bco€lrls undsr a plan or proqram, Pro!idsd, That the
Secreiery ol Labor hls lound, upon lh6 wrilt€n requesl ol
lhe contraclor, lh.t tho appli{able standa.ds o, the Davls-
Bacon Acl havo been mal. Tho Socretary of Labor may
rtquirc th€ conlraclor to ret asids in a sep:rate accounl
assela lor ths meeling ot ol)ligailont under lhe plan or
program. {Apptoved by the Office of Man.gemenl s.d
Budget under OMB Conl.ol Numb€. 1215-0140.)
2. Witlholdlng. HUO or il3 desilneB shall upon rls owa
aclion ot upon wrrtlen request of en aulhorized
rapr$€nlalive of 1fi6 Dspanment ot Labor withhold o,
cause to b€ wilhheld ftom th6 coolreclor und€a lhis
contracl oa ,ny olher Fedsral conkecl wrln the same 9rms
conttaclor, or any oiher Federally-assrsl6d contract
sr.rbr€cl to Dayis-Brcon prelailin9 lyegs r€qurremenls,
yrhici ls held by th6 sams prlm€ conttactot !o much ol llro
accrued paymerls or advances as may be aonsldered
necersary lo pay laborers and oechanlaS, rncludlflg
aprrontlcas, lralne€s and he19ers, employed by lh€
conlractor or any subconlractoa lhe full anounl ol wages
reqlrlred by tie conkrct ln the event of tailure to pay eny
lallorer ot mechanic, includl.l9 any apprenlice, lrarnee or
hetp€r, efiployed oa wor*ing o0 the site ot lhe tyorl(. all oa
part of lho wages ,equired by lho contracl. HUD or it8
design€e may, after wrilien notrce to the conttaclor,
sponsor, applicant. or o$mer. late 9uch aclion a! may lJe
ngcegsaly lo causs th€ Srrsp€mion ot any lurlhar
peymqnl. advznca. or guaaant€e ot funds unlil such
violetiong hav€ ceesed. HUD or lts d€slgoee may. afl6r
arltten notlc€ to lhe contraclor, dltburs€ such amounts
withh€ld for and on account of ths coniraclor or
subconlracld to ths respect,ve employe8 lo whofi lhey
are due The Comptroller Gensral shall mak€ such
dlsbursements in the case ot direct Deyis-Brcon Act
conlracls-
f,. {i) p6y.olls ,nd barlc record!. Payrolls and baslc
records .eletlng therelo shell De maintaioed by tn€
contlactor durl[g ihe couase ol lhs worl preserved lor a
period ol thaee ,errs thererflea lor all laborers and
mechanics worklng al lhe sile of th€ wofl(. Such records
shall conlain lhe Bame, addresl, and social security
numb€r of each such yorkoa, lris ot her correcl
classalicataoa. houaly rrles ol waq€s pald {lncludlnq aat€s
ot cont.ibritlons or cosls aollclpaled lor Don, lide lrlng€
bsn€fils or cash squivalents lhereol0t lhe types desc.ibed
ln Sectlon l(b)(2)tB) ot lhs Davit-hacod Act), daily and
weekly nurnb€r ol hours wo*ed, dedualions made and
actual wages paid Wheneyer the Secretary ol Laboa lrag
lound under 29 CFR 5-5 (axlXiv) that the wages of any
leboaot or nteahenic inaluds ths amount ot rBy costs
raasonebly anticipaled in providing benettls lnder a plan
or program desrribed ln Section l(lr)(2)18) ol lhe Davis,
gacon A{t, lhe conlraclor shall marnlain records whrah
show lhat th€ commilmeot lo ,rovlde such benefrls is
enforceable, lhal lhe Dlan or progrsm is ftnancially
responrible. rnd (hat lhe plan or program ias been
communicated in !}riting lo the lalrore[s or mechanias
altsclsd. and records which show the costg anlicrpated or
the actual cost incurrsd in providinq such b6nerit3
Contraclors employlng eoprentic6s or lralnees und6r
e9Droved otoqtams siall ,naintain wrillen evidence ol the
reqj3taation of apprenl,ceehip progrrms end certllication ot
lralnee ,rograms, lhe regislratlon o, lne ar!teniicos and
irainees, and the raliog and wage tales prescribed in the
applicable 9rograms. (Approved by the Olllce ot
Mgnagement and Sudget under OMg Conlrol Numberg
1215-0140 and 1215-0017.i
liil la) The contractor shrlt subrnit v/ee y lor each weei
rn which any conlrecl worh i3 9ol,orm6d 6 copy ol all
g.y.olls to HUD or its des,gneo it the agency is a party to
lhe contract, bui it the agenay la nol euch a parly, the
conlreclor *il! s!bmrl tng psyrolls to lhe applicant
sponsor, or ownef, a3 lha case may be, tot lransmission lo
HUD or its d€siqnes. Ths p.yrotti submittod shalt set orrt
accuralely and rompletely all ol lh€ i,lformetlon required
lo bE m3intained under 2S CFR 5 5(e)(3)(i) .rcaDt lhat tul
socral 3€curily numberg and iome addrass€s shall noi tre
inaluded on weekly treasmlllals. lnstead tie Dayrollg shall
oflly need io lnclude an lndividually id€ntilylnq number lor
each eoployee (e.9., the lasl tour digits of the em9loyee s
socral security number). The required weelly paytotl
infornation may be submitted ln iny lorm des,red
Optional Form IYH 347 is ev2ilalrl6 lor lhrs puapose lrom
th€ Wage and Hoor oiviaion Vyeb site at
hlto //wret d1l aot/esa/fiI)tlt'otns/fih347tOstt \t,i ot tls
succes9or 5il6 The pr|me conlractor is responsiile for
llls subillission of copies ot peyroll3 fry all subconlraclors
Conlraclors and subaonlraator! shall marniain th€ tull
social security numb€r anc, current address ol each
coyerBd wor*ea, rn{t sh*ll provlde lh€m upon requssl to
HUD or lls deslgnee i, lhe agency is a parly lo the
aonlracl, lrut if the agency is not sll.h a party, tho
conlraclor ?ill submil the payrolls to lie applicrnt
sponsor, or owner, as the case may be, lor lransmissioo to
Hu0 oa ils desiqnee. the contraclor, or lhe Waee and Houa
Orvtsron o[ lhe Oep3rtment o[ LaDor lol 9!rpose3 of an
investlgalioo or audil of compliance wilh prevailinq waoe
rsqurremonlg 11 i9 nol a vlolalion ol this subparaqraph lot
a pllme contraclor to requiro a subaonlraclor lo providB
addresses and soclal lacurity numDeas to li€ prime
coataactor fot ils onn records, wiliout lve€kly slrbmission
io HUD or ils desiqnas (Approved l)y the Olfice ot
Minageftent and Budgel uoder OMB Conlrol Number
1215-0149 )
lb) Each payroll submitlsd shatl b€ ac.omprnled by a
'Slelemeni oI Complaance," signed by the contractor or
subconlraclor or his or her agent who pays or slpervlses
lh€ payment of the persons employed uoder the aontaact
aod shell ce fy the lollowing:
ll) Thal the pelroll tor the payrott pertod contrins the
inlorfiation aequired lo be pror,ided under 29 CFR 5.5
(aX3)lii), the app.opriale information rs betng maintained
under 29 CFR 5 5(a){3){i), and that such intormatron rs
correcl and conlpl6t6:
Prevrous edirons are obscld€tomr HUD 4010 l06l2fnS)
rel Hanobook ,34, IPage 2 ol5
24
12| Tlrat sach leborer or mechanic (including eech hElge!.
apprentice, and l..ine€) smployed on tho conlrec.t dunng
the p.yroll period hat b€en paid lh. lull we€lly w.9e3
earned. v lhoul rebale, either dlrsctly or lndlrgctly. anal
thal no d€ductlons hav€ been mede ellher dlreatly or
indireally from the lull weqes earned, othsr lhan
96rmls6ible d€ductlons a! set torlh ln 29 CFR Pan 3;
(3, Th.t e.ch laboro. or mech.nia ha! been paid not la3!
than th€ appllcabla wag6 .atss and kinge benerlts or cesh
equivalentr lor lhe cltiiltlcailon ot work porlormed, as
speofied in lhe appliEebl€ wate detsrmlnalion
incoruor:ted inlo lh6 contract.
(c) The weelly st bmirsaon ot a properly execuled
ceatificetion 3et forlh on lhe ,cverle side of Optional Form
wH-347 3hall salllly tha requarement for gubmrsslon ol the
'StalEmenl ol Compllancs' roqulrcd by 3ubperegr.ph
4.3.(riXb).
{d} fhe lallilication o, any of lhs above c€rlilicatton! may
subjsct lhg conlraclor or lubconlractor lo crvil o, criftinal
proseculion undar Serllon 1001 of Tillo lg and Seclion
231 ol Titl€ 31 0l the unitsd state3 code.
{lil} The contracloa ot 3ubcontrarlor lhell male tho
records .oqulrod under subp:ragreph A.3 (i) evallabte foa
hspection, copylng, or Iransariptloo by authorized
repaesentative! ol HUO or ll! deligneo oa the Degarlmenl
of Labor, and shalt permit such repreientatavea lo
intervlew employees during worlang hours on the iob. ll
tha conlractoa or tubconltaalor taals to submrl lhe requred
reaordl or lo mal6 lhem avetlable. HUo ot (3 d8ignea
oay, aller w' ten notice lo lhe conltaclor, sponlor,
applicant or o*osr, late such actlon e! may bs necosaaty
to ceuse lhe 3usponsion ol any lurthgr payment, a(,yance,
or guaranlee ot tunds Furthermo$, lsllure to submit lhe
required recoadt uron requosl or lo mela 3uch rocordg
evailable may bo grollndg lot clsbarmenl acllon purluanl lo
29 CFR 5 r2.
,1. ADPtonllce! lnd Trainaaa.
lll Apprentic.t, Apprenliceg will b€ pormilled to work at
less then the predotoatnlnod rals lor ths wort thEy
perlormed wlren lhey ar6 employgd putsuant to and
indiv{durlly regrstered in a bona trde appronlice5hap
program reglst€rod wlth the u.s. Dspartm6nt ot Labor.
Employment and Tralning Admlni3kallon. Olfic6 ot
Apprenticeship Training. Employer rnd L.bor SerYrce!, or
walh a State Apprenticeshrg Agency r€cognized by lhe
Oflice. or if a person rs employed in hi! or her fllt 90
day! of probationary amploymant as an apgrontic€ in suchan apprenliceship progtan, who as oot indtvidually
regrstered jn lhe progrem, bul who ha! been cenrtrod by
lhe OfIice ot Apprenli.e!hip Training, Employ€r and t.bot
S6rvlce! or a Slale Apprentlcosilp Ag€ncy (whoro
approprials) to b€ Bliqiblo lor probzlionary €mployment at
an apprentics. The allowable ratlo ol aDDlenttces lo
iourn€ymen on th€ iob slto ln any cralt rl.ssitic.llon shall
not bs grealet lhan the tatio permltled to tho conlractor a3
lo the enlire worl lorca und6r lhe reglslered program Any
woal(er llsted on a payroll et an apprenllce wage rate, who
ls not r€glltersd or otherylso omployod .! ilaled above,
ghall b6 paid nol 163r lne'llhe appllcablo saq€ aata on th6
walo detefninelion lor lh6 cla38ilicatloh of worl aclllally
pertomed. ln .ddillon, any approntice p6rtormtnq worl on
the job 3ii6 tr orce3t ol lho ratto permt[ed uador the
rogi3l€red progrem 3hall bs Dald nol l6s! lhan the
appllcablo saoa ralg on the waqs delarmlnatlon tor tho
wort aatually p€donned Whore a conlractor t! portormino
aonslrucllon on a 9,oject ln a locality other than that tn
which lls program i! registered, the ralios and w.!e ratea
(expros3ed rn percenlage! of the lourneyman's hourty
rale) soeailisd in tha contractoa'! or subaont.actoi s
roqislered program shall be obseryed. Evary appr€nli.s
mu3t be pald at nol le!! lian lhe aate sleEatied in lha
roglgtarod prograo lor lho agproatice ! ley€l ol progaos!,
oxprosred a! a porconlage o,lha louheyman houfly 'rtospeclliod ln the applicable wag6 dets,mtna on
Appr€nticol lhall bo 9aid rring0 banstits ln accordanco
rith tha Drovislom ol tis apprenticolhip prog,.m. tl lhe
aDpronllce3hlp progr:m doo! not speatly tring. bgnaflt3,
apprentlaes rru3l bo pald tho full adount ot lrlngo benetttr
ll3t6d on the rago dalermlnatlon tor the appticabte
classllllatlon. ll lhe Admlnl3tralo, dotermtno! that e
dilfer€rl p.acilce prevatt! lor lhe appttlabto appron co
claslltlcatlon. fflnO6! shall ba Dald tn acrord.nce wllh th.t
delefininatlon. ln lhe stenl the Olllce of Appronticalhi9
Treinan0. EmDloyrr and Labor Serricer. or a Slale
Appronttco3hip Ag€ncy recognlzad by tho Olfico,
$lhdra*! approyal ol an eppr6ntlaeBhip 9.ogram, t6
conlraclor wtll no longer ba permitted to utdizo
ap9rontico! al le!! than llla a9plarable prodel6rmined rata
tor tia worl potloainad untll an acceOlabl6 program i!
approv€d.
(ll) Tralnaaa. Excapt a! provtded tn 29 CFR 5 16.
lralneo! *lll nol b€ pe,mlttod to oo,l .t toss then tie
predeiermin€d r.te for lhe worl peatorrh€d unle33 th6y t.o
6mployed purluanl
"lo
end lndividually rcqisisred in a
prog.am s,hlch har racelvod prlor erproval, eytdonced by
torfial aertltlc.tlon by tho u.S. Oepartmeot ot Labor,
Employment and Trelnino Admanist.ation. The r.tio of
lraineei to ,ouaoeym€n on tie iob sat6 shatt not be qreete.
lhan psrmitled undor tho ptan .pDrovod by tha
Employmenl .nd Tr.ining Admantstrelton. Every traineo
musl bo pald.l not less lhan the rat6 lpecitied rn lhe
appaoy6d program for tho tr.inse s l6yet ot progfo!3,
etprasaed a! a gorcentags ol lh€ iournoyman hourly aete
tp€clll€d ln lio appllcabls waga dslormlnalton. Tralnee3
shall bo pald f,lnOe benetil! in accordance w[h the
proylslons ol lie lrsinee program. ll lho tratnee program
do6. nol msntlon lrlngs b€nelit!, tralna€! shalt ba patd
lhe tull emount ol tringo bonetits ttsted on ltre w.gt
delemlnallo.l unl$3 tie Adoinistreto. ot th6 wag€ end
Hour Oivision detetminet lhat there tf an appr€nlacelhiD
program assoaiatsd with lh6 correspondiog loumoym.n
yvago ralo on lh. w.ga dotermlnelton wiach proyid.! tor
less lhan full ,ringE bonelil! toa .pgronlices. Any
employ€o lill€d on lhe payro[ at a trainee rate who rs not
roqislerod and 9anlci9ating in a training ptan aDproved by
Prel/EUs edlom are ca,soletg
Pao€ 3 ot 5
tom HUD-{010 (0€/2mg)
rd ttandbod( 1:144.1
-25-
lhe Employmsnt rnd Training Admlnlattation shall bs p.ld
not le3! than the appllcable wago rale on lhe wag6
delermination lor lhe worl aclually perlormad. ln addilion.
any lrainee pedorming worl on the lob slto in excess ol
th€ ratio permlttad urdet the r€9i3ler6d pro9r2m shall ba
paid not less than lhe applltabla wirge rale on th€ waqe
deiermlnatlon lor th6 worl aatually porto.mod ln tho
Ev€nl 1116 Employmsnt and Training Adminirtrelion
willrdrar! approval ol a lrarnrn0 9rogram, the conlractor
will no longer be permilted lo utrliza lrainees l los3 then
tho alplicable prodolermlned ralo lor lhe lio* perlorm€d
unlil an acceplable program is approved.
lili) Egull employment opDo,tunity. The utrhzalron ot
apprenllc65, treiness and loumeymen under 29 cFR Part 5
ahall be in conromlly with tho equal ehployhent
opporlunity r€qulr€ment3 of Ereaulive Ord€r 11246. a3
anended, .nd 29 cFR P.rt 30.
5. Complilnce with Copahnd Acl raquiramantr. The
conlmctor 3hall coirply ,{nh lhE requlromonl! of 29 CFR
P.rt 3 which are incorporalod by relorenco in lhii conlract
6, Subconlracla. The contraalor or subcontaactor will
inrert in any subconlracl3 th6 clauses aonlaln€d io
gubparagraph! I throuqh 1l in thls 9aragraph A and luch
othe, clauses al HUO or ils design€t may by appropriate
instrucilon! roqulr€, end a coDy o, tho eppllcable
prevaillnO raoe docl!ion, and alro a clau!6 requlring lhg
sUbaonlraclorl lo includo theso alauset in any lower lier
Subconlracls. The pdmo conlraclor siall be rasponalbl€
tor ths compllance by any !ubcontraclor or low€r tler
!ubconlrallor wilh all li€ conlraal claui€! ln lhi!
paragraph.
7, Contrrcl lerminalion; deblrmcnl. A breach of lh€
conlracl clauses in 29 CFR 5 5 may be grounda tor
lermlnallon ot tho contract and tor dobarmont a! 1
contraclo, end : 3ubcontractor as Irovided in 29 CFR
5.12.
8. ColtlCLnca wtt,l Dwla-Bacoo rd RaLtad Aal tlrqul.€nfiir.
All ruling! and intsrprelations ol lhe Oayr3-Bacon and
Related Acls contain€d in 29 CFR P.rlB l, 3, and 5 are
h016in incorporaled by r€lerence in thi9 aontraat
9, Ollpulea concernino laboa atandard!. 0l69utes
arlsing out ol thE labor standards provi!lon! ot thls
conlracl shall nol b€ subi6cl io the gen€ral dispule!
clausE of lhls contracl. S!ch drspule! shall be resolyed rn
aacordance with lhe p,oaedure! ol the oepartment ol
L.bor r€l forti tn 29 CFR Parls 5, 6, .nd 7 Dispules
within tho moanlno ot thl! clau3a lncludo dl3pulos bslroon
the conlraclor {or any ot il! BubcontractoB) and HUO orit! dosr9n6o, tho u s. oepanmehl ol Labo.. or the
employeo! or lheir r€pr€3enlztivea.
10. (l) Certlfic.tlon ot Ellolblllty. By enlorlng Inlo lhis
contracl tho conlractor carliriEs lhat neithsr at (nor ho or
shs) nor any person or lirm who ha! an inlerest an lhe
conlraclor'9 firm r! a petson or lim rnehgtblo to b€
awsrdod Govotnment conlaecl3 by virlus ot soctlon 3(a) ot
the D.vls-Bacon Acl or 29 CFR 5.12(a)(1) or to De
ewrrded HUD contr:cls or pa.ticipato in HUo proo..m!
purs!ant lo 2{ CFR Part 24-
(ll) No pert of lhi3 conlracl shall ba subconlrected lo any
person or llrm ineliglble for aYvatd ol a Goveanm€nl
conlracl by varlue ot secllon 3(.) ol the osvir-gaaon Act
o.29 CFR 5.12(axl) or to be awaded HUO cont,acts or
parliclprts in HUD programs pursuant to 24 CFR Parl 24
liii) The penalty lor meling lelso statemenb i! prslcribed
rn the U-S. Crimtaal Code, l8 U.S.C. l0O'1. Addrlionalty.
U.S- Criminal Code, Section 101 0. TiIle 18. U.S.C.,
'Federal Housing Administr4ion lranSactlons', proyides ln
part: 'Whoevet, toa lne pulDosa ot . . intluencing in any
way tho eclloa o, such Admlnistr.llon makos, utter! or
publishes any lletemenl knowing lh€ same to be ta13e.....
shall be lined not more than S5,000 or imDnsoned not
more tian two years, or both.'
ll. Complrinl., pro.eedlnos, or Tertlmony by
Ernployes3. No laboror or mechenlc to *hom lhe wage.
!alary. or other laboa standad3 proyitions ol this Conlracl
a.e applicable shall be disch.rgecl or tn 2ny olher mannor
disariminaied against by lhe Conlractor or any
subconlraclor because such omploy€e hai tiled any
romplainl o. instituted or caussd lo bB inltituted any
Drocoedinq or hac tesliliEd or ls .bouI to tesllty tn .ny
proc€edinq unde. or .elalln9 to tho l.bor slanderds
a9plicabla under lhis Contract lo hi! smployer
B. Conlrad Wort ]hr! ld S.f,!(y Stidarda Aat Ttb
p.ovbixB ol hB par{f4h B alo applic-b stE E tE Incr{ a, lho
mnxl co.rtrirct exte€<B alm,mo. As t,sed n lti! pa"aq"aptl tlE
leams'hboasE and ln€chaics' include walchmen end guard!.
(ll Oyorilme rrquiromonls, No csfi.lcbr cr lukonh.ctor
cqlF*1irg b zry pll of fE slract $att *tlich may leqire or
nlotvo tho enpt tiont c, labcss 6 mectralica JrC rcqrlD d
perril any $ch l&rer s medsic h -y rstyp€t an *ti{tl llE
rd*fuI A eafldoyEd m s{rdr y,ut to rcrt n €rc€sa ol40 ho.rs h$dr 'mrk{+ei( rdes! srrh labrer a oledtaalc Ec€iues
cflrp€Nation , e ratE ,Et l€8s [El tr1o -l<l dtctalt tirE the betic
rr€ ol p.y lb. a{ hots Ndts, h exE€s ol 40 hou! h slxh
(21 Violalion; llabilaly tor unprid r!Oer; ltquidatsd
damrget. ln lho eyent ot any vlolelion ol lho clause 3et
lorth in subpa.agr2p[ (l) ol lhla paragraplr, lh. contr.ctor
end any 3ubcontftctor resronsibl€ thereto. !hall be lisblo
[or tie unpeid wages. llt addition, 9uch coflt6clor and
subcontraclor shall be li.ble to the Untted Strte3 (ln the
case ol worl done undgt conlract tor tho Olshlct ol
Columbie o. a l€nitory. to such Oiltrict or lo such
lonito.y), lor liquideted damrge3 such tiqutdated
damag€3 shall be .om9uted with respect lo each indlvidual
lalrorer ot mechanic,,ncluding ratchmen and guardr,
employed rn yiolation ol the clause set torttr in
subper2qr.lh {1) ot trris pa,agraph, in tlo sun ca ll0 fu e.cn
ca|6l!l- day ar '*Icfi sucn irxlv 4 r/6 ,eqiBd 6 ,erliird lor6f h E&ess of tlE strded h(rtte€l a, Zo hqrl! aitEd peyrEnt
d tlE otrerlitE ,/BqEa ,equired Dy tho clausa set tonh in sub
P.aaora9h (l) of this p.ragraph.
Prelo(E ed&ons are cbsde'€rorm HUl}-4010 ({E!2009)
rel HandDoot 13i1,1.1Page 4 ol5
-26-
(tl $rithholdinO ,or unp.id wrges .nd laquideted
damaoar. Ht D oa lts designee shall upon its own actlon
ot upon fiitten tequesl oI an authorized represenlallve ot
the Dapi menl of Lebor withhold or cause lo bs wtthheld.
fron any money3 payablo on aEcount of worl p€rformed by
the aonlteclor or 3ubcontactor uoder any such conttacl or
any olher Federal conlracl with t[e same primo conl acl,
or any olhsr F6derally-assBted contracl sub,eat to tho
Conlracl Work Houra and Safoty Slandards A.t which i3
held by lh€ lame p me conlraclor guch lumg as may be
dol€rmlned lo b0 no.essary to satisly ery liabililig! ot
such contracto. or subcontaactoa toa unpaid wages and
liquidrlod damag63 a! providod in the cliuse s6l forth in
subperagragh (2) ot this p.ragraph
({) Subcontaacta. Tho conlrecloa or subaonthclor rhlll
inaerl in any subcontractg lhe clauses set lorth ifl
gubparaqraph (1) lhrouqh (4) of thls parag,epi and also a
clause r€quirino lhe subconlraclors to include ths3a
clause! an any lorer lier subconlr2cl3 The prime
conlnaior 3h.ll be responslbl€ lor compllance by any
subconlractor or lowet liea subconlraclor with lhe clauses
3et torlh ln lubparagraph3 (1) through (/t) ot tnl!
pa.a0raph.
C. Helllh lnd S!l.ty. The p.o$dqls ol ti! p*ryIh C ,e
aorliaa s lli€rl ths xruIl d fF nrirE co.|f'ect er4o€ds tl{D.m.
(l) No l.borer or mechanl. shall b€ required to wo ln
suraoundrngS or und€r wor*ing conditrons whlch aro
unsanilaty, iazardous, or dangerous to his health and
3atety as detormrned lrnder aon3truction salety .nd heallh
slandards p.omulqated by lhe Secrelery ol Labor by
reoulallon.
l2) ThE Conka.tor shall comply with all retulations
rssued by tho socretary of Labor pursuanl lo Title 29 Parl
1926 and tailuro lo cooply mey rasult in impoBilion of
sanclion3 pursuent to the Contract Wo,k Hours and Saf6ty
Sland.r(!3 Act. (Pobllt Law 9l-54, 83 Stet 96). 40 USC
3701 et s6o.
(3) Tho conlractor shall include the provislons of lhls
paaagraph ln €vory 3ubaontrart so that such provlslons will
bo ban(,lnq on each subconlEctor. Th€ contr.clor shall
talo stiah eclion lh respect to any subcontractol a3 tho
Sec.elary ot Housing and urban Developmenl or lh€
Secrelary ot Labor shell direct a3 a rreuns ot entorclng
such proYision3
Pre{ous edllrr}s are d)so{ele
Plqe 5 ol5
-27-
rom HUO-{010 (m,/2m9)
rel. Handbcd( 1344.1
EXHIBIT B
SCOPE OF SERVICES & PROPOSED SCHEDULE
-28-
SL BJEC-I':ADDI'I'IONAL tsOUNDARY ST]RVEY & 'IITLE REPOR'I RI,VIDW OVER
APN'S ]29.23I^OOI, OO:} & OOI IN \IENIFEE. CAI,IFORMA
(R[CI\ ENGNEERNC COIUPANY PRoPoSAL)
Prmuant lo yow request the follorving is a proposal to provide surveying lervices for the
preparation ofa boundrr-v suney for the above-referclced project. To hegin this work, we would
nced frorn you a curfent preliminary titlo report covrring the property to be surveycd, plus
copies ofall documerts rcfgrred to in that rcport.
Sc.ooe of Wor{<
l- Additional Boundarv Sesrch
Malie a diligcm scarch tbr and field locate any cxisting survey moflumeots within suhjcct
properly ilr order to corlirm hocedure of Survey used to establish Righf of Way of Adams
.{vcnue & l' Steet.
. Coordinole rvith 'l itle Companv alld order 'l itle lleports. -lhe cost of the 'l itle Report(s) is
irch ed wilhin $is f€e and will be assumed by lLick [ngineerirg.
. Review Tille Repons
3- Up&te CAD tsase t'ile. tlpdare CAD Base File based upon Title Report .cvist: ard additional Boudary search (if
ttece3Eary)
We uill perlbrm the senices listed above lor the Inbor unouDts listed bclow. Wherc
co[rpo s{lion on a time iurd n]aterials basis is sholrm, labo[ lces rvill he billcd alcording lo orr
currefi Schedule of ltourh Rates (attached) with a labor a.rnount not to exceed tl|e antounts
indicated wilhout additional authorizatio,r. The Client irill te billed on a monthlv blsis as work
progresses. For progress billing purposes, tie fce shall [r. divided as lbliows:
.\ddi{ionill IlorurdJIv S.arch 1,200.00
2650.00
.100.00
4.250.00
Title Reoon C{rrdindion & Review
I lpdxtc C.\D Rasc file
$
$
s
$
I
2
3
-29-
Delr. ltlr. '.
2. Titlc Repon Coordination & Rcrieiv
Fee
'lbtnl:
PROJECT BUDGET
An Amount Not-to-Exceed Four Thousand Two Hundred Fifty Dollars and Zero Cents
($4,2so.oo).
-30-