Shafter City Council
June 3, 2025

Rev. 0
August 20, 2010
City of Shafter Library and Learning Center, Chess Garden Agreement CDBG 18.22.1 & 18.23.1 00500 - 4
NOTICE: CONTRACTORS ARE REQUIRED BY LAW TO BE LICENSED AND ARE REGULATED BY CONTRACTORS' STATE LICENSE BOARD. QUESTIONS CONCERNING A CONTRACTOR MAY BE REFERRED TO THE REGISTRAR OF THAT BOARD, WHOSE ADDRESS IS: CONTRACTORS' STATE LICENSE BOARD, 1020 "N" STREET, SACRAMENTO, CALIFORNIA 95814.

END OF DOCUMENT
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City of Shafter Library and Learning Center, Chess Garden Release of Claims CDBG 18.22.1 & 18.23.1 00590 - 1
DOCUMENT 00590

AGREEMENT AND RELEASE OF ANY AND ALL CLAIMS
[Public Contract Code § 7100]
THIS AGREEMENT AND RELEASE OF ANY AND ALL CLAIMS (“Agreement and Release”), made and entered into this [date] day of [Month], [201___], by and between the City of Shafter (hereinafter “Owner”), and [Insert name of Contractor] (“Contractor”), whose place of business is at [ Insert address of Contractor ].

RECITALS
A. Owner and Contractor entered into Contract Number [Insert number] (the “Contract”) for construction of Owner City of Shafter Library and Learning Center, Chess Garden - CDBG

18.22.1 & 18.23.1 located at 236 James St., Shafter, California.

B. The Work under the Contract has been completed.

AGREEMENT
NOW THEREFORE, it is mutually agreed between Owner and Contractor as follows:

1. Contractor will not be assessed liquidated damages except as detailed below:

Original Contract Sum $ ___________________________________ Modified Contract Sum $ ___________________________________ Payment to Date $ ___________________________________
Liquidated Damages $ ___________________________________ Payment Due Contractor $ ___________________________________

2. Subject to the provisions of this Agreement and Release, Owner will forthwith pay to Contractor the sum of [________________________________________________________ Dollars and ____________ Cents ($_____________________)] under the Contract, less any amounts withheld under the Contract or represented by any Notice to Withhold Funds on file with Owner as of the date of such payment.

3. Contractor acknowledges and hereby agrees that there are no unresolved or outstanding claims in dispute against Owner arising from the Contract, except for the claims described in Paragraph 4 of this Document 00590. It is the intention of the parties in executing this Agreement and Release that this Agreement and Release shall be effective as a full, final and general release of all claims, demands, actions, causes of action, obligations, costs, expenses, damages, losses and liabilities of Contractor against Owner, and all if its agents, employees, consultants, inspectors, representatives, assignees and transferees, except for the Disputed Claims set forth in Paragraph 4 of this Document 00590. Nothing in this Agreement and Release shall limit or modify Contractor’s continuing obligations described in Paragraph 6 of this Document 00590.

4. The following claims submitted under Document 00 7200 (General Conditions), Article 12, are disputed (hereinafter, the “Disputed Claims”) and are specifically excluded from the operation of this Agreement and Release.
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City of Shafter Library and Learning Center, Chess Garden Release of Claims CDBG 18.22.1 & 18.23.1 00590 - 2
[Insert information in Chart below, affix attachment if necessary] CLAIM NO. DATE

SUBMITTED

DESCRIPTION OF CLAIM AMOUNT OF
CLAIM

5. Consistent with California Public Contract Code §7100, Contractor hereby agrees that, in consideration of the payment set forth in Paragraph 2 of this Document 00590, Contractor hereby releases and forever discharges Owner, and all of its agents, employees, consultants, inspectors, assignees and transferees from any and all liability, claims, demands, actions or causes of action of whatever kind or nature arising out of or in any way concerned with the Work under the Contract.

6. Guarantees and warranties for the Work, and any other continuing obligation of Contractor, shall remain in full force and effect as specified in the Contract Documents.

7. Contractor shall immediately defend, indemnify and hold harmless Owner and HUD, any of the Owner’s and HUD’s Representatives, Project Manager, and all of their agents, employees, consultants, inspectors, assignees and transferees, from any and all claims, demands, actions, causes of action, obligations, costs, expenses, damages, losses and liabilities that may be asserted against them by any of Contractor’s suppliers and/or Subcontractors of any tier and/or any suppliers to them for any and all labor, materials, supplies and equipment used, or contemplated to be used in the performance of the Contract, except for the Disputed Claims set forth in Paragraph 4 of this Document 00590.

8. Contractor hereby waives the provisions of California Civil Code §1542, which provide as follows:

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH

THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS

OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE,

WHICH IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY
AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.

9. The provisions of this Agreement and Release are contractual in nature and not mere recitals and shall be considered independent and severable, and if any such provision or any part thereof shall be at any time held invalid in whole or in part under any federal, state, county, municipal or other law, ruling, or regulation, then such provision, or part thereof shall remain in force and effect only to the extent permitted by law, and the remaining provisions of this Agreement and Release shall also remain in full force and effect, and shall be enforceable.

10. Contractor represents and warrants that it is the true and lawful owner of all claims and other matters released pursuant to this Agreement and Release, and that it has full right, title and authority to enter into this instrument. Each party represents and warrants that it has been represented by counsel of its own choosing in connection with this Agreement and Release.

11. All rights of Owner shall survive completion of the Work or termination of the Contract, and execution of this Agreement and Release.
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City of Shafter Library and Learning Center, Chess Garden Release of Claims CDBG 18.22.1 & 18.23.1 00590 - 3
* * * CAUTION: THIS IS A RELEASE - READ BEFORE EXECUTING * * * OWNER: (INSERT NAME OF OWNER HERE)
By: ___________________________________________________ Signature
Name: ________________________________________________
Print
Its: ___________________________________________________ Title
ATTEST:
______________________________________________________
Secretary
______________________________________________________
Print
[CONTRACTOR]
By: ___________________________________________________ Signature
Name: ________________________________________________
Print
Its: ___________________________________________________ Title
[CONTRACTOR]
By: ___________________________________________________ Signature
Name: ________________________________________________
Print
Its: ___________________________________________________ Title
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City of Shafter Library and Learning Center, Chess Garden Release of Claims CDBG 18.22.1 & 18.23.1 00590 - 4
REVIEWED AS TO FORM:

Dated: ___________________________, [201__]
By: ______________________________________________________ Counsel for Owner
Name: __________________________________________________ Print

END OF DOCUMENT
47

City of Shafter Library and Learning Center, Chess Garden Construction Performance Bond CDBG 18.22.1 & 18.23.1 00601 - 1
DOCUMENT 00601

CONSTRUCTION PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:

1.01 THAT WHEREAS, the City of Shafter (hereinafter “Owner”), a California Municipality, has awarded to (Name of Contractor) as Principal Contract
Number dated the day of , 20 (the
“Contract”), in the amount of $ , which Contract is by this reference made a part hereof, for the work of the following Contract:

CITY OF SHAFTER LIBRARY AND LEARNING CENTER, CHESS GARDEN - CDBG

18.22.1 & 18.23.1

1.02 AND WHEREAS, Principal is required to furnish a bond in connection with the Contract, guaranteeing the faithful performance thereof;

1.03 NOW, THEREFORE, we, the undersigned Principal and (Name of Surety) as Surety are held and firmly bound unto Owner in the sum of 100% OF THE CONTRACT PRICE to be paid to Owner or its successors and assigns; for which payment, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

1.04 THE CONDITION OF THIS OBLIGATION IS SUCH, that if Principal, or its heirs, executors, administrators, successors, or assigns approved by Owner, shall promptly and faithfully perform the covenants, conditions, and agreements of the Contract during the original term and any extensions thereof as may be granted by Owner, with or without notice to Surety, and during the period of any guarantees or warranties required under the Contract, and shall also promptly and faithfully perform all the covenants, conditions, and agreements of any alteration of the Contract made as therein provided, notice of which alterations to Surety being hereby waived, on Principal’s part to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify, defend, protect, and hold harmless Owner as stipulated in the Contract, then this obligation shall become and be null and void; otherwise it shall be and remain in full force and effect.

1.05 No extension of time, change, alteration, modification, or addition to the Contract, or of the work required thereunder, or work or actions by Owner to mitigate the damages resulting from any breach in performance by Contractor, shall release or exonerate Surety on this bond or in any way affect the obligation of this bond; and Surety does hereby waive notice of any such extension of time, change, alteration, modification, or addition.

1.06 Whenever Principal shall be and declared by Owner in default under the Contract, Surety shall promptly remedy the default, or shall promptly, and in no event later than thirty (30) days from notice:

A. Undertake through its agents or independent contractors (but having qualifications and experience reasonably acceptable to Owner), to complete the Contract in accordance with its terms and conditions and to pay and perform all obligations of Principal under the Contract, including without limitation, all obligations with respect to warranties, guarantees, indemnities, and the payment of liquidated damages; or
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City of Shafter Library and Learning Center, Chess Garden Construction Performance Bond CDBG 18.22.1 & 18.23.1 00601 - 2
B. Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and, upon determination by Owner of the lowest responsible bidder, arrange for a contract between such bidder and Owner and make available as work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the Contract Sum, and to pay and perform all obligations of Principal under the Contract, including, without limitation, all obligations with respect to warranties, guarantees, and the payment of liquidated damages; but, in any event, Surety’s total obligations hereunder shall not exceed the amount set forth in the third paragraph hereof. The term “balance of the Contract Sum,” as used in this paragraph, shall mean the total amount payable by Owner to the Principal under the Contract and any amendments thereto, less the amount paid by Owner to Principal.

1.07 Surety’s obligations hereunder are independent of the obligations of any other surety for the performance of the Contract, and suit may be brought against Surety and such other sureties, jointly and severally, or against any one or more of them, or against less than all of them without impairing Owner’s rights against the others. If suit is brought upon this bond the Surety shall pay reasonable costs and attorney’s fees to be fixed by the court.

1.08 Surety may not use Contractor to complete the Contract absent Owner’s Consent. Owner shall have the right in its sole discretion to continue the work of the Contract, as necessary following a default and/or termination, as necessary to prevent risks of personal injury, property damage or delay to the Project.

1.09 No right of action shall accrue on this bond to or for the use of any person or corporation other than Owner or its successors or assigns.

1.10 Surety shall join in any proceedings brought under the Contract upon Owner’s demand, and shall be bound by any judgment.

1.11 Correspondence or claims relating to this bond shall be sent to Surety at the address set forth below.

IN WITNESS WHEREOF, we have hereunto set our hands this ________ day of ____________, 20____.

CONTRACTOR AS PRINCIPAL SURETY
(Corp. Seal) (Corp. Seal)
Company Company
Signature Signature
Name & Title Name & Title
Address Address
City, State, Zip Code City, State, Zip Code

END OF DOCUMENT
49

City of Shafter Library and Learning Center, Chess Garden Construction Labor and Material Payment Bond CDBG 18.22.1 & 18.23.1 00602 - 1
DOCUMENT 00602

CONSTRUCTION LABOR AND MATERIAL PAYMENT BOND
KNOW ALL PERSONS BY THESE PRESENTS:

1.01 THAT WHEREAS, the City of Shafter (hereinafter “Owner”) has awarded to (Name of Contractor) as Principal Contract Number dated
the day of , 20___ (the “Contract”), in the amount of $ , which Contract is by this reference made a part hereof, for the work of the following Contract:

CITY OF SHAFTER LIBRARY AND LEARNING CENTER, CHESS GARDEN - CDBG

18.22.1 & 18.23.1
A. AND WHEREAS, Principal is required to furnish a bond in connection with the Contract to secure the payment of claims of laborers, mechanics, material suppliers, and other persons as provided by law;
B. NOW, THEREFORE, we, the undersigned Principal and (Name of Surety) , as Surety, are held and firmly bound unto Owner in the sum of 100% OF THE CONTRACT PRICE ($ ), for which payment well and truly to be made we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

C. THE CONDITION OF THIS OBLIGATION IS SUCH, that if Principal, or its executors, administrators, successors, or assigns approved by Owner, or its subcontractors shall fail to pay any of the persons named in California Civil Code §3181, or amounts due under the State of California Unemployment Insurance Code with respect to work or labor performed under the Contract, or for any amounts required to be deducted, withheld, and paid over to the State of California Employment Development Department from the wages of employees of Principal and subcontractors pursuant to Section 13020 of the State of California Unemployment Insurance Code with respect to such work and labor, that Surety will pay for the same in an amount not exceeding the sum specified in this bond, plus reasonable attorneys’ fees, otherwise the above obligation shall become and be null and void.

D. This bond shall inure to the benefit of any of the persons named in California Civil Code §3181, as to give a right of action to such persons or their assigns in any suit brought upon this bond.

The intent of this bond is to comply with the California Mechanic’s Lien Law.

E. Surety, for value received, hereby expressly agrees that no extension of time, change, modification, alteration, or addition to the undertakings, covenants, terms, conditions, and agreements of the Contract, or to the work to be performed thereunder, shall in any way affect the obligation of this bond; and it does hereby waive notice of any such extension of time, change, modification, alteration, or addition to the undertakings, covenants, terms, conditions, and agreements of the Contract, or to the work to be performed thereunder.

F. Surety’s obligations hereunder are independent of the obligations of any other surety for the payment of claims of laborers, mechanics, material suppliers, and other persons in connection with Contract; and suit may be brought against Surety and such other sureties, jointly and severally, or against any one or more of them, or against less than all of them without impairing 50

City of Shafter Library and Learning Center, Chess Garden Construction Labor and Material Payment Bond CDBG 18.22.1 & 18.23.1 00602 - 2
Owner’s rights against the other. If suit is brought upon this bond the Surety shall pay reasonable costs and attorney’s fees to be fixed by the court.

G. Correspondence or claims relating to this bond shall be sent to Surety at the address set forth below.

IN WITNESS WHEREOF, we have hereunto set our hands this day of , 20___.

CONTRACTOR AS PRINCIPAL SURETY
(Corp. Seal) (Corp. Seal)
Company Company
Signature Signature
Name & Title Name & Title
Address Address
City, State, Zip Code City, State, Zip Code

END OF DOCUMENT
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City of Shafter Library and Learning Center, Chess Garden Guaranty CDBG 18.22.1 & 18.23.1 00603 - 1
DOCUMENT 00603

GUARANTY
TO: CITY OF SHAFTER (hereinafter “Owner”), for construction of CITY OF SHAFTER LIBRARY AND LEARNING CENTER, CHESS GARDEN (CDBG 18.22.1 & 18.23.1) located at 236 JAMES STREET, SHAFTER, CA 93263.

The undersigned guarantees all construction performed on this Project and also guarantees all material and equipment incorporated therein.

Contractor hereby grants to Owner for a period of one year following the date of Final Acceptance of the Work completed, or such longer period specified in the Contract Documents, its unconditional warranty of the quality and adequacy of all of the Work including, without limitation, all labor, materials and equipment provided by Contractor and its Subcontractors of all tiers in connection with the Work.

Neither final payment nor use nor occupancy of the Work performed by the Contractor shall constitute an acceptance of Work not done in accordance with this Guaranty or relieve Contractor of liability in respect to any express warranties or responsibilities for faulty materials or workmanship.

Contractor shall remedy any defects in the Work and pay for any damage resulting therefrom, which shall appear within one year, or longer if specified, from the date of Final Acceptance of the Work completed.

If within one year after the date of Final Acceptance of the Work completed, or such longer period of time as may be prescribed by laws or regulations, or by the terms of Contract Documents, any Work is found to be Defective, Contractor shall promptly, without cost to Owner and in accordance with Owner’s written instructions, correct such Defective Work. Contractor shall remove any Defective Work rejected by Owner and replace it with Work that is not Defective, and satisfactorily correct or remove and replace any damage to other Work or the work of others resulting therefrom. If Contractor fails to promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, Owner may have the Defective Work corrected or the rejected Work removed and replaced. Contractor shall pay for all claims, costs, losses and damages caused by or resulting from such removal and replacement. Where Contractor fails to correct Defective Work, or defects are discovered outside the correction period, Owner shall have all rights and remedies granted by law.

Inspection of the Work shall not relieve Contractor of any of its obligations under the Contract Documents. Even though equipment, materials, or Work required to be provided under the Contract Documents have been inspected, accepted, and estimated for payment, Contractor shall, at its own expense, replace or repair any such equipment, material, or Work found to be Defective or otherwise not to comply with the requirements of the Contract Documents up to the end of the guaranty period.

All abbreviations and definitions of terms used in this Agreement shall have the meanings set forth in the Contract Documents.
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City of Shafter Library and Learning Center, Chess Garden Guaranty CDBG 18.22.1 & 18.23.1 00603 - 2
The foregoing Guaranty is in addition to any other warranties of Contractor contained in the Contract Documents, and not in lieu of, any and all other liability imposed on Contractor under the Contract Documents and at law with respect to Contractor’s duties, obligations, and performance under the Contract Documents. In the event of any conflict or inconsistency between the terms of this Guaranty and any warranty or obligation of the Contractor under the Contract Documents or at law, such inconsistency or conflict shall be resolved in favor of the higher level of obligation of the Contractor.

Date: _______________________________, 20___
Contractor's name
By:

Signature
Print Name
Title
Street Address
City, State, Zip code

END OF DOCUMENT
53

SECTION V
54

55

DOCUMENT 00700

GENERAL CONDITIONS
Page
Project Name: General Conditions
Project Number: 0700 - i
ARTICLE 1 - INTERPRETATION OF CONTRACT DOCUMENTS ........................................................... 1

1.01 Interpretation Of Documents ........................................................................................... 1

1.02 Order Of Precedence Of Documents .............................................................................. 1 ARTICLE 2 - PRE-BID INVESTIGATIONS ............................................................................................... 1

2.01 Pre-Bid Investigations Required ...................................................................................... 1

2.02 Limited Reliance Permitted On Owner’s Existing Conditions Data ................................... 1

2.03 Pre-Bid Investigation Requirements For Excavation And Utilities Relocation Projects ...................................................................................................................................... 2 ARTICLE 3 - SUBCONTRACTORS ......................................................................................................... 2

3.01 Subcontractor Listing Law ............................................................................................... 2

3.02 Subcontracts .................................................................................................................. 2 ARTICLE 4 - DRAWINGS AND SPECIFICATIONS .................................................................................. 3

4.01 Intent Of Drawings And Specifications ............................................................................ 3

4.02 Checking Of Drawings And Specifications ...................................................................... 3

4.03 Interpretation Of Drawings And Specifications ................................................................ 3

4.04 Use Of Drawings And Specifications. .............................................................................. 4 ARTICLE 5 - COMMENCEMENT OF THE WORK ................................................................................... 4

5.01 Submission Of Required Schedules ................................................................................ 4

5.02 Commencement Date Of Contract Time ......................................................................... 4 ARTICLE 6 - CONTRACTOR’S ORGANIZATION AND EQUIPMENT ...................................................... 4

6.01 Contractor’s Legal Address ............................................................................................. 4

6.02 Contractor’s Superintendents Or Forepersons ................................................................ 5

6.03 Proficiency In English ..................................................................................................... 5

6.04 Contractor’s And Subcontractors’ Employees ................................................................. 5

6.05 Contractor’s Use Of The Site .......................................................................................... 5 ARTICLE 7 - OWNER’S ADMINISTRATION OF WORK .......................................................................... 5

7.01 Owner’s Representative(s) ............................................................................................. 5

7.02 Owner’s Observation Of The Work ................................................................................. 5

7.03 Architect/Engineer’s Observation Of Work ...................................................................... 6

7.04 Owner’s And Architect/Engineer’s Exercise Of Contract Responsibilities ......................... 6

7.05 Owner’s Right Of Access To The Work ........................................................................... 6

7.06 Owner’s Right Of Separate Construction ......................................................................... 6 ARTICLE 8 - CONTRACTOR’S PROSECUTION AND PROGRESS OF THE WORK .............................. 7 City of Shafter Library and Learning Center, Chess Garden CDBG 18.22.1 & 18.23.1
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DOCUMENT 00700

GENERAL CONDITIONS
Page
Project Name: General Conditions
Project Number: 0700 - ii

8.01 Contractor To Supervise The Work ................................................................................. 7

8.02 Contractor To Maintain Cost Data ................................................................................... 7

8.03 Contractor To Supply Sufficient Workers And Materials .................................................. 8

8.04 Contractor To Maintain Project Record Documents ......................................................... 8

8.05 Contractor To Not Disrupt Owner Operation.................................................................... 8

8.06 Contractor To Provide Temporary Facilities And Controls ............................................... 8 ARTICLE 9 - WARRANTY, GUARANTY, AND INSPECTION OF WORK ................................................. 8

9.01 Warranty And Guaranty .................................................................................................. 8

9.02 Inspection Of Work ......................................................................................................... 9

9.03 Correction Of Defective Work ....................................................................................... 10

9.04 Acceptance And Correction Of Defective Work By Owner ............................................. 10

9.05 Rights Upon Inspection, Correction Or Acceptance ....................................................... 11

9.06 Proof Of Compliance Of Contract Provisions ................................................................. 11

9.07 Correction Period And Project Warranty Period: ............................................................ 11

9.08 No Waiver .................................................................................................................... 12 ARTICLE 10 - MODIFICATIONS OF CONTRACT DOCUMENTS .......................................................... 12

10.01 Owner’s Right To Direct Changed Work. ....................................................................... 12

10.02 Required Documentation For Changed Work ................................................................ 12

10.03 Procedures And Pricing Of Changed Work ................................................................... 13 ARTICLE 11 - TIME ALLOWANCES ...................................................................................................... 13

11.01 Time Allowances .......................................................................................................... 13

11.02 Excusable Delay And Inexcusable Delay Defined. ........................................................ 13

11.03 Notice Of Delay ............................................................................................................ 13

11.04 Compensable Time Extensions .................................................................................... 13

11.05 Non-Compensable Time Extensions ............................................................................. 14

11.06 Adverse Weather .......................................................................................................... 14

11.07 Liquidated Damages ..................................................................................................... 14 ARTICLE 12 - CLAIMS BY CONTRACTOR ........................................................................................... 14

12.01 Obligation to File Claims for Disputed Work .................................................................. 14

12.02 Form And Contents Of Claim ........................................................................................ 15

12.03 Administration During/After Claim Submission .............................................................. 15

12.04 Compliance .................................................................................................................. 15 ARTICLE 13 - UNDERGROUND CONDITIONS .................................................................................... 16

13.01 Contractor To Locate Underground Facilities. ............................................................... 16 City of Shafter Library and Learning Center, Chess Garden CDBG 18.22.1 & 18.23.1
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DOCUMENT 00700

GENERAL CONDITIONS
Page
Project Name: General Conditions
Project Number: 0700 - iii

13.02 Contractor To Protect Underground Facilities. ............................................................... 16

13.03 Concealed Or Unknown Conditions .............................................................................. 17

13.04 Notice Of Hazardous Waste Or Materials Conditions .................................................... 18 ARTICLE 14 - LEGAL AND MISCELLANEOUS ..................................................................................... 19

14.01 Laws And Regulations .................................................................................................. 19

14.02 Permits And Taxes ....................................................................................................... 19

14.03 Communications And Information Distribution ............................................................... 19

14.04 Suspension Of Work ..................................................................................................... 20

14.05 Termination Of Contract For Cause .............................................................................. 20

14.06 Termination Of Contract For Convenience .................................................................... 20

14.07 Remedies ..................................................................................................................... 21

14.08 Contract Integration and Non-Waiver ............................................................................ 21

14.9 Interpretation. ............................................................................................................... 21

14.10 Patents ......................................................................................................................... 22

14.11 Substitution For Patented And Specified Articles ........................................................... 22

14.12 Interest Of Public Officers ............................................................................................. 22

14.13 Limit Of Liability ............................................................................................................ 22 ARTICLE 15 - WORKING CONDITIONS AND PREVAILING WAGES ................................................... 22

15.01 Use Of Site/Sanitary Rules ........................................................................................... 22

15.02 Protection Of Work, Persons, And Property .................................................................. 23

15.03 Responsibility For Safety And Health ............................................................................ 24

15.04 Emergencies ................................................................................................................ 24

15.06 Use Of Roadways And Walkways ................................................................................. 24

15.07 Nondiscrimination ......................................................................................................... 24

15.08 Prevailing Wages And Working Hours .......................................................................... 24

15.09 Environmental Controls ................................................................................................ 26

15.010 Shoring Safety Plan ...................................................................................................... 26 City of Shafter Library and Learning Center, Chess Garden CDBG 18.22.1 & 18.23.1
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GENERAL CONDITIONS
ARTICLE 1 - INTERPRETATION OF CONTRACT DOCUMENTS

1.01 Interpretation Of Documents
A. Contract Documents are complementary; what is called for by one is as binding as if called for by all.

B. Individual Contract Documents subdivide at first level into Articles, and then into paragraphs.

1.02 Order Of Precedence Of Documents
A. In the case of discrepancy or ambiguity in the Contract Documents, the following order of precedence shall prevail:

1. Modifications in inverse chronological order (i.e., most recent first), and in the same order as specific portions they are modifying;

2. Agreement Forms (Document 00500), and terms and conditions referenced therein;

3. Supplementary General Conditions, if included;

4. General Conditions (Document 00700);

5. Division 1 Specifications, if included;

6. Drawings and Technical Specifications (Division 2 and above);

7. Written numbers over figures, unless obviously incorrect;

8. Figured dimensions over scaled dimensions;

9. Large-scale Drawings over small-scale Drawings.

B. Any conflict between Drawings and Technical Specifications (Division 2 and above) will be resolved in favor of the document of the latest date (i.e., the most recent document), and if the dates are the same or not determinable, then in favor of Specifications.

C. Any conflict between a bill or list of materials shown in the Contract Documents and the actual quantities required to complete Work required by Contract Documents, will be resolved in favor of the actual quantities.

D. All Technical Specifications included in the Project manual shall be included within the Contract Documents unless identified otherwise.

ARTICLE 2 - PRE-BID INVESTIGATIONS

2.01 Pre-Bid Investigations Required
A. Prior to and as a condition of submitting a Bid and executing Document 00500 (Agreement), Contractor shall investigate fully the Work of the Contract. Contractor shall visit the Site, examine thoroughly and understand fully the nature and extent of the Contract Documents, Work, Site, locality, actual conditions and as-built conditions.

B. During performance of the Contract, Contractor will be charged with knowledge of all information that it should have learned in performing these pre-bid investigations and other obligations, and shall not be entitled to Change Orders (time or compensation) due to any information, error, inconsistency, omission, or conditions that Contractor should have known as a part of this Work.

Contractor shall be responsible for the resultant losses, including, without limitation, the cost of correcting Defective Work.

2.02 Limited Reliance Permitted On Owner’s Existing Conditions Data A. Regarding aboveground and as-built conditions shown on the Contract Documents or supplied by Owner, such information has been compiled in good faith, however, Owner does not expressly or impliedly warrant or represent that such information is correctly shown or indicated, or otherwise complete for construction purposes. Contractor must independently verify such information as part of its pre-bid investigations, and where conditions are not reasonably verifiable or discrepancies are identified, bring such matters to Owner’s attention through written question issued during the bid period. In executing Document 00500 (Agreement), Contractor shall rely on the results of its own independent investigation and shall not rely on Owner-supplied information City of Shafter Library and Learning Center, Chess Garden CDBG 18.22.1 & 18.23.1
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Project Number: 0700 - 2
regarding aboveground conditions and as-built conditions, and Contractor shall accept full responsibility for its verification work sufficient to complete the Work as intended.

B. Regarding subsurface conditions other than Underground Facilities shown on the Contract Documents or otherwise supplied by Owner, Contractor may rely only upon the general accuracy of actual reported depths, actual reported character of materials, actual reported soil types, actual reported water conditions, or actual obstructions shown or indicated in the Contract Documents.

Owner is not responsible for the completeness of any subsurface condition information, Contractor’s conclusions or opinions drawn from any subsurface condition information, or subsurface conditions that are not specifically shown. (For example, Owner is not responsible for soil conditions in areas contiguous to areas where a subsurface condition is shown.)

2.03 Pre-Bid Investigation Requirements For Excavation And Utilities Relocation Projects A. As part of its pre-bid investigations for Projects involving excavation and/or relocation of existing utilities, Contractor shall verify information regarding Underground Facilities, including but not limited to, requesting additional information or verification of information as necessary.

B. Because of the nature and location of Owner and the Project, the existence of Underground Facilities is deemed inherent in the Work of the Contract, as is the fact that Underground Facilities are not always accurately shown or completely shown on as-built records, both as to their depth and location. Contractor shall, therefore, take care to note the existence and potential existence of Underground Facilities, in particular, above and below grade structures, drainage lines, storm drains, sewers, water, gas, electrical, chemical, hot water, and other similar items and utilities. Contractor shall carefully consider all supplied information, request additional information Contractor may deem necessary, and visually inspect the Site for above ground indications of Underground Facilities (such as, for example not by way of limitation, the existence of existing service laterals, appurtenances or other types of utilities, indicated by the presence of an underground transmission main or other visible facilities, such as buildings, new asphalt, meters and junction boxes, on or adjacent to the Site). Contractor shall also consider local underground conditions and typical practices for Underground Facilities, either through its own direct knowledge or through its subcontractors, and fully consider this knowledge in assessing the existing information and the reasonableness of its reliance.

ARTICLE 3 - SUBCONTRACTORS

3.01 Subcontractor Listing Law
A. Contractor shall comply with the Subcontractor Listing law, California Public Contract Code §§4101 et seq. Contractor shall not substitute any other person or firm in place of any Subcontractor listed in the Bid except as may be allowed by law.

B. Subcontractors shall not assign or transfer their subcontracts or permit them to be performed by any other contractor without Owner’s written approval. At Owner’s request, Contractor shall provide Owner with a complete copy of all executed subcontracts or final commercial agreements with Subcontractors and/or suppliers.

3.02 Subcontracts
A. Subcontract agreements shall preserve and protect the rights of Owner under the Contract Documents so that subcontracting will not prejudice such rights. To the extent of the Work to be performed by a Subcontractor, Contractor shall require the Subcontractor’s written agreement (1) to be bound to the terms of Contract Documents and (2) to assume all the obligations and responsibilities that Contractor assumes toward Owner under the Contract Documents. (These agreements include for example, and not by way of limitation, all warranties, claims procedures and rules governing submittals of all types to which Contractor is subject under the Contract Documents.)
B. Contractor shall provide for the assignment to Owner of all rights any Subcontractor (of any tier) may have against any manufacturer, supplier, or distributor for breach of warranties and guarantees relating to the Work performed by the Subcontractor under the Contract Documents.

Subcontracts shall provide and acknowledge Owner as an intended third-party beneficiary of each subcontract and supply contract (of any tier).

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ARTICLE 4 - DRAWINGS AND SPECIFICATIONS

4.01 Intent Of Drawings And Specifications
A. Contractor shall interpret words or phrases used to describe Work (including services), materials, or equipment that have well-known technical or construction industry or trade meaning in accordance with that meaning. Drawings’ intent specifically includes the intent to depict construction that complies with all applicable laws, codes and standards.

B. As part of the “Work,” Contractor shall provide all labor, materials, equipment, machinery, tools, facilities, services, employee training and testing, hoisting facilities, Shop Drawings, storage, testing, security, transportation, disposal, the securing of all necessary or required field dimensions, the cutting or patching of existing materials, notices, permits, documents, reports, agreements and any other items required or necessary to timely and fully complete Work described and the results intended by Contract Documents and, in particular, Drawings and Specifications. Divisions and Specification Sections and the identification on any Drawings shall not control Contractor in dividing Work among Subcontractors or suppliers or delineating the Work to be performed by any specific trade.

C. Contractor shall perform reasonably implied parts of Work as “incidental work” although absent from Drawings and Specifications. Incidental work includes any work not shown on Drawings or described in Specifications that is necessary or normally or customarily required as a part of the Work shown on Drawings or described in Specifications. Incidental work includes any work necessary or required to make each installation satisfactory, legally operable, functional, and consistent with the intent of Drawings and Specifications or the requirements of Contract Documents. Contractor shall perform incidental work without extra cost to Owner. Incidental work shall be treated as if fully described in Specifications and shown on Drawings, and the expense of incidental work shall be included in price Bid and Contract Sum.

4.02 Checking Of Drawings And Specifications
A. Before undertaking each part of Work, Contractor shall carefully study and compare Contract Documents and check and verify pertinent figures shown in the Contract Documents and all applicable field measurements. Contractor shall be responsible for any errors that might have been avoided by such comparison. Figures shown on Drawings shall be followed; Contractor shall not scale measurements. Contractor shall promptly report to Owner, in writing, any conflict, error, ambiguity or discrepancy that Contractor may discover. Contractor shall obtain a written interpretation or clarification from Owner before proceeding with any Work affected thereby. .

4.03 Interpretation Of Drawings And Specifications
A. A typical or representative detail on Drawings shall constitute the standard for workmanship and material throughout corresponding parts of Work. Where necessary, and where reasonably inferable from Drawings, Contractor shall adapt such representative detail for application to such corresponding parts of Work. The details of such adaptation shall be subject to prior approval by Owner. Repetitive features shown in outline on Drawings shall be in exact accordance with corresponding features completely shown.

B. Should any discrepancy appear or any misunderstanding arise as to the import of anything contained in Drawings and Specifications, or should Contractor have any questions or requests relating to Drawings or Specifications, Contractor shall refer the matter to Owner, in writing, with a copy to the Architect/Engineer, where applicable. Owner will issue with reasonable promptness written responses, clarifications or interpretations as Owner may determine necessary, which shall be consistent with the intent of and be reasonably inferable from Contract Documents. Such written clarifications or interpretations shall be binding upon Contractor. If Contractor believes that a written response, clarification or interpretation justifies an adjustment in the Contract Sum or Contract Time, Contractor shall give Owner prompt written notice. If the parties are unable to agree to the amount or extent of the adjustment, if any, then Contractor shall perform the Work in conformance with Owner’s response, clarification, or interpretation and may make a written claim for the adjustment as provided in Article 12.

C. The following general specifications shall apply wherever in the Specifications, or in any directions given by Owner in accordance with or supplementing Specifications, it is provided that City of Shafter Library and Learning Center, Chess Garden CDBG 18.22.1 & 18.23.1
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Contractor shall furnish materials or manufactured articles or shall do Work for which no detailed specifications are shown. Materials or manufactured articles shall be of the best grade, in quality and workmanship, obtainable in the market from firms of established good reputation. If not ordinarily carried in stock, the materials or manufactured articles shall conform to industry standards for first class materials or articles of the kind required, with due consideration of the use to which they are to be put. Work shall conform to the usual standards or codes, such as those cited herein, for first class work of the kind required. Contractor shall specify in writing to Owner the materials to be used or Work to be performed under this Paragraph ten Working Days prior to furnishing such materials or performing such Work.

4.04 Use Of Drawings And Specifications.

A. Drawings, Specifications and other Contract Documents were prepared for use for Work of Contract Documents only. No part of Contract Documents shall be used for any other construction or for any other purpose except with the written consent of Owner. Any unauthorized use of Contract Documents is prohibited and at the sole liability of the user.

ARTICLE 5 - COMMENCEMENT OF THE WORK

5.01 Submission Of Required Schedules
A. Contractor shall submit to Owner in draft for review and discussion at the Preconstruction Conference, and in final prior to the first payment application, the following schedules:

1. Schedule of Values

2. Critical Path Method Construction Schedule

3. Schedule of Submittals.

B. No progress payment shall be due or owing to Contractor until such schedules are submitted to and acceptable to Owner and/or Architect/Engineer as meeting the requirements of the Contract Documents. In Owner’s sole discretion, Owner may elect to instead withhold a portion of any progress payment for unacceptable compliance with contract requirements for such schedules.

C. Owner’s acceptance of Contractor’s schedules will not create any duty of care or impose on Owner any responsibility for the sequencing, scheduling or progress of Work nor will it interfere with or relieve Contractor from Contractor’s full responsibility therefore.

5.02 Commencement Date Of Contract Time
A. The Contract Time will commence ten (10) Working Days following execution of the Agreement by the City Council/Board of Directors, if a Notice to Proceed is given, on the date indicated in the Notice to Proceed.

ARTICLE 6 - CONTRACTOR’S ORGANIZATION AND EQUIPMENT

6.01 Contractor’s Legal Address
A. Address, facsimile number, and email address given in Contractor’s Bid are hereby designated as Contractor’s legal address, facsimile number, and email address. Contractor may change its legal address, facsimile number, and email address by notice in writing, delivered to Owner, which in conspicuous language advises Owner of a change in legal address, facsimile number, or email address, and which Owner accepts in writing. Delivery to Contractor’s legal address or depositing in any post office or post office box regularly maintained by the United States Postal Service, in a wrapper with postage affixed, directed to Contractor at legal address, or of any drawings, notice, letter or other communication, shall be deemed legal and sufficient service thereof upon Contractor. Facsimile or email to Contractor’s designated facsimile number or email address of any letter, memorandum, or other communication on standard or legal sized paper, with proof of facsimile transmission or email confirmation, shall be deemed legal and sufficient service thereof upon Contractor.

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6.02 Contractor’s Superintendents Or Forepersons
A. Contractor shall at all times be represented on Site by one or more superintendents or forepersons authorized and competent to receive and carry out any instructions that Owner may give, and shall be liable for faithful observance of instructions delivered to Contractor or to authorized representative or representatives on Site. The Superintendent shall not be changed except with the consent of the Owner unless the Superintendent proves to be unsatisfactory to the Contractor and ceases to be in its’ employ. If the Superintendent proves to be unsatisfactory to Owner, they shall be replaced within ten (10) Calendar Days after written notice from Owner to Contractor.

6.03 Proficiency In English
A. Supervisors, security guards, safety personnel and employees who have unescorted access to the Site shall possess proficiency in the English language in order to understand, receive and carry out oral and written communications or instructions relating to their job functions, including safety and security requirements.

6.04 Contractor’s And Subcontractors’ Employees
A. Contractor shall employ, and shall permit its Subcontractors to employ, only competent and skillful personnel to do Work. If Owner notifies Contractor that any of its employees, or any of its Subcontractors’ employees on Work is incompetent, unfaithful, disorderly or profane, or fails to observe customary standards of conduct or refuses to carry out any provision of the Contract Documents, or uses threatening or abusive language to any person on Work representing Owner, or violates sanitary rules, or is otherwise unsatisfactory, and if Owner requests that such person be discharged from Work, then Contractor or its Subcontractor shall immediately discharge such person from Work and the discharged person shall not be re-employed on the Work except with consent of Owner.

6.05 Contractor’s Use Of The Site
A. Contractor shall not make any arrangements with any person to permit occupancy or use of any land, structure or building within the limits of the Work, for any purpose whatsoever, either with or without compensation, in conflict with any agreement between Owner and any Owner, former Owner or tenant of such land, structure or buildings. Contractor may not occupy Owner-owned property outside the limit of the Work as indicated on the Drawings unless it obtains prior approval from Owner.

ARTICLE 7 - OWNER’S ADMINISTRATION OF WORK

7.01 Owner’s Representative(s)
A. Owner’s Representative(s) will have limited authority to act on behalf of Owner as set forth in the Contract Documents.

B. Except as otherwise provided in these Contract Documents or subsequently identified in writing by Owner, Owner will issue all communications to Contractor through Owner’s Representative, and Contractor shall issue all communications to Owner through Owner’s Representative in a written document delivered to Owner.

C. Should any direct communications between Contractor and Owner’s consultants, architects or engineers not identified in Article 2 of Document 00500 (Agreement) occur during field visits or by telephone, Contractor shall immediately confirm them in a written document copied to Owner.

7.02 Owner’s Observation Of The Work
A. Work shall be performed under Owner’s general observation and administration. Contractor shall comply with Owner’s directions and instructions in accordance with the terms of Contract Documents, but nothing contained in these General Conditions shall be taken to relieve Contractor of any obligations or liabilities under the Contract Documents. Owner’s failure to review or, upon review, failure to object to any aspect of Work reviewed, shall not be deemed a waiver or approval of any non-conforming aspect of Work.

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B. Subject to those rights specifically reserved in the Contract Documents, Owner will not supervise, or direct, or have control over, or be responsible for, Contractor’s means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto, or Contractor’s failure to comply with laws and regulations applicable to the furnishing or performance of Work. Owner will not be responsible for Contractor’s failure to perform or furnish the Work in accordance with Contract Documents.

7.03 Architect/Engineer’s Observation Of Work
A. Owner may engage an Architect/Engineer, an independent consultant or Project Manager (collectively for purposes of this Paragraph, “Project Manager/Architect”) to assist in administering the Work. If so engaged, Project Manager/Architect will advise and consult with Owner, but will have authority to act on behalf of Owner only to the extent provided in the Contract Documents or as set forth in writing by Owner. Project Manager/Architect will not be responsible for and will not have control or charge of construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with Work. Project Manager/Architect will not be responsible for or have control over the acts or omissions of Contractor, Subcontractors or their agents or employees, or any other persons performing Work.

B. Project Manager/Architect may review Contractor’s Submittals, such as Shop Drawings, Product Data, and Samples, but only for conformance with design concept of Work and with information given in the Contract Documents.

C. Project Manager/Architect may visit the Site at intervals appropriate to stage of construction to become familiar generally with the progress and quality of Work and to determine in general if Work is proceeding in accordance with Contract Documents. Based on its observations, Project Manager/Architect may recommend to Owner disapproval or rejection of Work that Project Manager/Architect believes to be Defective or will not produce a complete Project that conforms to Contract Documents or will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by Contract Documents. Owner will also have authority to require special inspection or testing of Work, whether or not the Work is fabricated, installed or completed.

7.04 Owner’s And Architect/Engineer’s Exercise Of Contract Responsibilities A. Owner, Project Manager, Architect/Engineer and all Owner’s representatives, in performing their duties and responsibilities under the Contract Documents, accept no duties, responsibilities or duty of care, nor may the same be implied or inferred, towards Contractor, any Subcontractor, sub-Subcontractor or supplier, except those set forth expressly in the Contract Documents.

7.05 Owner’s Right Of Access To The Work
A. During performance of Work, Owner and its agents, consultants, and employees may at any time enter upon Work, shops or studios where any part of the Work may be in preparation, or factories where any materials for use in Work are being or are to be manufactured, and Contractor shall provide proper and safe access and facilities for this purpose, and shall make arrangements with manufacturers to facilitate inspection of their processes and products to such extent as Owner’s interests may require. Other contractors performing work for Owner may also enter upon Work for all purposes required by their respective contracts. Subject to the rights reserved in the Contract Documents, Contractor shall have sole care, custody, and control of the Site and its Work areas.

7.06 Owner’s Right Of Separate Construction
A. Owner may perform with its own forces, construction or operations related to the Project, or the Site during Contractor’s operations. Owner may also award separate contracts in connection with other portions of the Project or other construction or operations, on the Site or areas contiguous to the Site, under conditions similar to these Contract Documents, or may have utility Owners perform other work.

B. Contractor shall adjust its schedule and fully coordinate with and shall afford all other contractors, utility districts and Owner (if Owner is performing work with its own forces), proper and safe access to the Site, and reasonable opportunity for the installation and storage of their materials.

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Contractor shall ensure that the execution of its Work properly connects and coordinates with others’ work, do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work, and shall cooperate with them to facilitate the progress of the Work.

C. To the extent that any part of Contractor’s Work is to interface with work performed or installed by other contractors or utility owners, Contractor shall inspect and measure the in-place work.

Contractor shall promptly report to Owner in writing any defect in in-place work that will impede or increase the cost of Contractor’s interface unless corrected.

ARTICLE 8 - CONTRACTOR’S PROSECUTION AND PROGRESS OF THE WORK

8.01 Contractor To Supervise The Work
A. Subject to those rights specifically reserved in the Contract Documents, Contractor shall supervise, direct, have control over, and be responsible for, Contractor’s means, methods, techniques, sequences or procedures of construction, safety precautions and programs incident thereto, and compliance with laws and regulations applicable to the furnishing or performance of Work.

B. Contractor shall keep on the Site at all times during Work progress a competent resident Superintendent, who shall not be replaced without Owner’s express written consent. The Superintendent shall be Contractor’s representative at the Site and shall have complete authority to act on behalf of Contractor. All communications to and from the Superintendent shall be as binding as if given to or by Contractor.

C. Contractor shall supervise, inspect, and direct Work competently and efficiently, devoting the attention and applying such personal skills and expertise as may be required and necessary to perform Work in accordance with Contract Documents. Contractor shall be solely responsible for and have control and charge of construction means, methods, techniques, sequences and procedures, safety precautions and programs in connection with the Work. Contractor shall be responsible to see that the completed Work complies accurately with Contract Documents.

D. Contractor is fully responsible for Contractor’s own acts and omissions. Contractor is responsible for all acts and omissions of its Subcontractors, suppliers, and other persons and organizations performing or furnishing any of the Work, labor, materials, or equipment under a direct or indirect contract with Contractor.

E. Contractor shall conduct monthly Contractor Safety Committee meetings, and weekly toolbox safety talks.

8.02 Contractor To Maintain Cost Data
A. Contractor shall maintain full and correct information as to the number of workers employed in connection with each subdivision of Work, the classification and rate of pay of each worker in form of certified payrolls, the cost to Contractor of each class of materials, tools and appliances used by Contractor in Work, and the amount of each class of materials used in each subdivision of Work. Contractor shall provide summaries or reports comparing actual Project costs with Bid estimates or budgets, upon Owner’s request.

B. Contractor shall maintain daily job reports recording all significant activity on the job, including the number of workers on Site, Work activities, problems encountered and delays. Contractor shall provide Owner with copies for each Day Contractor works on the Project, to be delivered to Owner either the same Day or the following morning before starting work at the Site. Contractor shall take pre-construction and monthly progress photographs of all areas of the Work.

Contractor shall maintain copies of all correspondence with Subcontractors and records of meetings with Subcontractors.

C. Owner shall have the right to audit and copy Contractor’s books and records of any type, nature or description relating to the Project (including but not limited to financial records reflecting in any way costs claimed on the Project), and to inspect the Site, including Contractor’s trailer, or other job Site office, and this requirement shall be contained in the subcontracts of Subcontractors working on Site. By way of example, Owner shall have the right to inspect and obtain copies of all Contract Documents, planning and design documents, Bid proposal and negotiation documents, cost records and job cost variance reports, design modification proposals, value City of Shafter Library and Learning Center, Chess Garden CDBG 18.22.1 & 18.23.1
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engineering or other cost reduction proposals, revisions made to the original design, job progress reports, photographs, and as-built drawings maintained by Contractor. Owner and any other applicable governmental entity shall have the right to inspect all information and documents maintained hereunder at any time during the Project and for a period of five years following Final Completion, in accordance with the provisions of Section 8546.7 of the California Government Code. This right of inspection shall not relieve Contractor of its duties and obligations under the Contract Documents. This right of inspection shall be specifically enforceable in a court of law, either independently or in conjunction with enforcement of any other rights in the Contract Documents.

8.03 Contractor To Supply Sufficient Workers And Materials A. Unless otherwise required by Owner under the terms of Contract Documents, Contractor shall at all times keep on the Site materials and employ qualified workers sufficient to prosecute Work at a rate and in a sequence and manner necessary to complete Work within the Contract Time.

This obligation shall remain in full force and effect notwithstanding disputes or claims of any type.

8.04 Contractor To Maintain Project Record Documents
A. Contractor shall maintain in a safe place at the Site one record copy of all Drawings, Specifications, Addenda, Contract Modifications, Change Orders, Work Directives, Force Account orders, and written interpretations and clarifications in good order and annotated to show all asbuilt changes made during construction. These Project Record Documents, together with all approved Samples and a counterpart of all approved Shop Drawings, shall be maintained and available to Owner for reference. Upon completion of the Work, Contractor shall deliver to Owner, the Project Record Documents, Samples and Shop Drawings and as-built drawings.

B. Throughout Contractor’s performance of the Work of the Project, Contractor shall maintain construction records to include: shop drawings; product data/material data sheets; samples; submittal; purchases; materials; equipment; inspections; applicable handbooks; applicable codes and standards; maintenance and operating manuals and instructions; RFI Log; Submittal Log; other related documents and revisions which arise out of the Construction Contracts. Contractor shall maintain records of principal building layout lines, elevations for the bottom of footings, floor levels, and key site elevations (certified by a qualified surveyor or professional engineer).

Contractor shall make all records available to Owner. At the completion of the Project, Contractor shall deliver all such records to the Owner to have a complete set of record as-built drawings.

8.05 Contractor To Not Disrupt Owner Operation
A. Contractor shall schedule and execute all Work in a manner that does not interfere with or disrupt Owner operations, including but not limited to, parking, utilities (electricity, gas, water), noise, access by employees and administration, access by vendors, physicians, patients and any other person or entity using Owner facilities or doing business with Owner. Contractor shall produce and supply coordination plans and requests to Owner, following Owner procedures, for all necessary interference of construction with Owner, which Owner will reasonably cooperate with.

8.06 Contractor To Provide Temporary Facilities And Controls A. Unless expressly provided otherwise in the Contract Documents, Contractor shall provide all temporary utilities (including without limitation electricity, water, natural gas), lighting, heating, cooling and ventilating devices, telephone, sanitary facilities, barriers, fences and enclosures, tree and plant protection, fire protection, pollution, erosion, Storm Water Pollution Prevention controls, noise and traffic control, and any other necessary services required for construction, testing or completion of the Work.

ARTICLE 9 - WARRANTY, GUARANTY, AND INSPECTION OF WORK

9.01 Warranty And Guaranty
A. General Representations and Warranties: Contractor represents and warrants that it is and will be at all times fully qualified and capable of performing every Phase of the Work and to complete Work in accordance with the terms of Contract Documents. Contractor warrants that all City of Shafter Library and Learning Center, Chess Garden CDBG 18.22.1 & 18.23.1
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construction services shall be performed in accordance with generally accepted professional standards of good and sound construction practices and all requirements of the Contract Documents. Contractor warrants that Work, including but not limited to each item of materials and equipment incorporated therein, shall be new, of suitable grade of its respective kind for its intended use, and free from defects in design, engineering, materials, construction and workmanship. Contractor warrants that Work shall conform in all respects with all applicable requirements of federal, state and local laws, applicable construction codes and standards, licenses, and permits, Drawings and Specifications and all descriptions set forth therein, and all other requirements of Contract Documents.

B. Extended Guarantees: Any guarantee exceeding one year provided by the supplier or manufacturer of any equipment or materials used in the Project shall be extended for such term.

Contractor expressly agrees to act as co-guarantor of such equipment and materials and shall supply Owner with all warranty and guarantee documents relative to equipment and materials incorporated in the Project and guaranteed by their suppliers or manufacturers.

C. Environmental and Toxics Warranty: The covenants, warranties and representations contained in this Paragraph are effective continuously during Contractor’s Work on the Project and following cessation of labor for any reason including, but not limited to, Project completion. Contractor covenants, warrants and represents to Owner that:

1. To Contractor’s knowledge after due inquiry, no lead or Asbestos-containing materials were installed or discovered in the Project at any time during Contractor’s construction thereof. If any lead or Asbestos-containing materials were discovered, Contractor made immediate written disclosure to Owner.

2. To Contractor’s knowledge after due inquiry, no electrical transformers, light fixtures with ballasts or other equipment containing PCBs are or were located on the Project at any time during Contractor’s construction thereof. If any such materials were discovered, Contractor made immediate written disclosure to Owner.

3. To Contractor’s knowledge after due inquiry, no storage tanks for gasoline or any other toxic substance are or were located on the Project at any time during Contractor’s construction thereof. If any such materials were discovered, Contractor made immediate written disclosure to Owner.

4. Contractor’s operations concerning the Project are and were not in violation of any applicable environmental federal, state, or local statute, law or regulation dealing with hazardous materials substances or toxic substances and no notice from any governmental body has been served upon Contractor claiming any violation of any such law, ordinance, code or regulation, or requiring or calling attention to the need for any Work, repairs, construction, alteration, or installation on or in connection with the Project in order to comply with any such laws, ordinances, codes, or regulations, with which Contractor has not complied. If there are any such notices with which Contractor has complied, Contractor shall provide Owner with copies thereof.

9.02 Inspection Of Work
A. Work and materials, and manufacture and preparation of materials, from beginning of construction until Final Completion and acceptance of Work, shall be subject to inspection and rejection by Owner, its agents, representatives or independent contractors retained by Owner to perform inspection services, or governmental agencies with jurisdictional interests. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor’s Site safety procedures and program so that they may comply therewith as applicable. Upon request or where specified, Owner shall be afforded access for inspection at the source of supply, manufacture or assembly of any item of material or equipment, with reasonable accommodations supplied for making such inspections.

B. Contractor shall furnish, in such quantities and sizes as may be required for proper examination and tests, Samples or test specimens of all materials to be used or offered for use in connection with Work, in addition to tests and submittals required in the individual material or equipment specification sections. Contractor shall prepare Samples or test specimens at its expense and furnish them to Owner. Contractor shall submit all Samples in ample time to enable Owner to City of Shafter Library and Learning Center, Chess Garden CDBG 18.22.1 & 18.23.1
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make any necessary tests, examinations, or analyses before the time it is desired to incorporate the material into the Work.

C. Contractor shall give Owner no less than 48 hours notice of readiness of Work for all required inspections, tests or approvals, and shall cooperate with inspection and testing personnel to facilitate required inspections or tests.

D. If applicable laws or regulations of any authority having jurisdiction require any Work (or part thereof) specifically to be inspected, tested or approved by an employee or other representative of such public body, Contractor shall assume full responsibility for arranging and obtaining such inspections, tests or approvals, and furnish Owner with the required certificates of inspection, or approval. Owner will pay the cost of initial testing and Contractor shall pay all costs in connection with any follow-up or additional testing. Contractor shall also be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests or approvals required for the acceptance of materials or equipment to be incorporated in the Work, or of materials, mix designs, or equipment submitted for approval prior to Contractor’s purchase thereof for incorporation in the Work.

E. If Contractor covers any Work, or the work of others, prior to any required inspection, test or approval without written approval of Owner, Contractor shall uncover the Work at Owner’s request. Contractor shall bear the expense of uncovering Work and replacing Work.

F. Contractor shall furnish tools, labor and materials necessary to make examination of Work that may be completed or in progress, even to the extent of uncovering or taking down portions of finished Work. Cost of making examination and of reconstruction shall be borne by Contractor.

G. Inspection of the Work by or on behalf of Owner, or Owner’s failure to do so, shall not under any circumstances be deemed a waiver or approval of any non-conforming aspect of the Work.

Contractor shall have an absolute duty, in the absence of a written Change Order signed by Owner, to perform Work in conformance with the Contract Documents and to immediately correct Defective Work immediately upon Contractor’s knowledge.

H. Any inspection, evaluation, or test performed by or on behalf of Owner relating to the Work is solely for the benefit of Owner, and shall not be relied upon by Contractor. Contractor shall not be relieved of the obligation to perform Work in accordance with the Contract Documents, nor relieved of any guaranty, warranty, or other obligation, as a result of any inspections, evaluations, or tests performed by Owner, whether or not such inspections, evaluations, or tests are permitted or required under the Contract Documents. Contractor shall be solely responsible for testing and inspecting Work already performed to determine whether such Work is in proper condition to receive later Work.

9.03 Correction Of Defective Work
A. Owner may direct Contractor to correct any Defective Work or remove it from the Site and replace it with Work that is not Defective and satisfactorily correct or remove and replace any damage to other Work or the work of others resulting from the correction or removal. Contractor shall be responsible for any and all claims, costs, losses and damages caused by or resulting from such correction or removal. Owner’s rights under this Paragraph shall be in addition to any other rights it may have under the Contract Documents or by law.

B. If Contractor fails to supply sufficient skilled workers, suitable materials or equipment, or to furnish or perform the Work in such a way that the completed Work will conform to Contract Documents, Owner may order Contractor to replace any such Defective Work, or stop any portion of Work to permit Owner (at Contractor’s expense) to replace such Defective Work. These Owner rights are entirely discretionary on the part of Owner, and shall not give rise to any duty on the part of Owner to exercise the rights for the benefit of Contractor or any other party.

9.04 Acceptance And Correction Of Defective Work By Owner A. Owner may in its sole discretion elect to accept Defective Work. Contractor shall pay all claims, costs, losses and damages attributable to Owner’s evaluation of and determination to accept such Defective Work. If Owner accepts any Defective Work prior to final payment, a Change Order may be issued incorporating the necessary revisions in the Contract Documents with respect to the Work and the Contract Sum. If the parties are unable to agree to the amount of an appropriate decrease in the Contract Sum, Owner may deduct from monies due Contractor, all City of Shafter Library and Learning Center, Chess Garden CDBG 18.22.1 & 18.23.1
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claims, costs, losses, damages, expenses and liabilities attributable to the Defective Work. If Contractor disagrees with Owner’s calculations, Contractor may make a claim as provided in Article 12 of this Document 00700. If Owner accepts any Defective Work after final payment, Contractor shall pay to Owner, an appropriate amount as determined by Owner.

B. Owner may correct and remedy deficiency if, after five (5) Calendar Days of written notice to Contractor, Contractor fails to correct Defective Work or to remove and replace rejected Work; or provide a plan for correction of Defective Work acceptable to Owner; or perform Work in accordance with Contract Documents. In connection with such corrective and remedial action, Owner may exclude Contractor from all or part of the Site; take possession of all or part of Work and suspend Contractor’s Work related thereto; and incorporate in Work any materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, its representatives, agents, employees, and other contractors and Project Manager/Architect’s consultants’ access to the Site to enable Owner to exercise the rights and remedies under this Paragraph. Contractor shall be responsible for all claims, costs, losses, damages, expenses and liabilities incurred or sustained by Owner in exercising such rights and remedies. A Change Order may be issued incorporating the necessary revisions in the Contract Documents with respect to Work and the Contract Sum. If the parties are unable to agree to the amount of an appropriate decrease in the Contract Sum, Owner may deduct from monies due Contractor, all claims, costs, losses and damages caused by or resulting from the correction or removal. If Contractor disagrees with Owner’s calculations, Contractor may make a claim as provided in Article 12 of this Document 00700.

9.05 Rights Upon Inspection, Correction Or Acceptance
A. Contractor shall not be allowed an extension of Contract Time because of any delay in the performance of Work attributable to the exercise by Owner of its rights and remedies under this Article. Where Owner exercises its rights under this Article, it retains and may still exercise all other rights it has by law or under the Contract Documents including, but not limited to, the right to terminate Contractor’s right to proceed with the Work under the Contract Documents for cause and/or make a claim or back charge where a Change Order cannot be agreed upon.

B. Inspection by Owner or its authorized agents or representatives shall not relieve Contractor of its obligation to have furnished material and workmanship in accordance with Contract Documents.

Payment for Work completed through periodic progress payments, final payment or otherwise shall not operate to waive Owner’s right to require full compliance with Contract Documents and shall in no way be deemed as acceptance of any defective Work paid therefor. Contractor’s obligation to complete the Work in accordance with Contract Documents shall be absolute, unless Owner agrees otherwise in writing.

9.06 Proof Of Compliance Of Contract Provisions
A. In order that Owner may determine whether Contractor has complied or is complying with requirements of Contract Documents not readily enforceable through inspection and tests of Work and materials, Contractor shall at any time, when requested, submit to Owner properly authenticated documents or other satisfactory proofs of compliance with all applicable requirements.

B. Before commencing any portion of Work, Contractor shall inform Owner in writing as to time and place at which Contractor wishes to commence Work, and nature of Work to be done, in order that proper provision for inspection of Work may occur, and to assure measurements necessary for record and payment. Information shall be given to Owner a reasonable time in advance of time at which Contractor proposes to begin Work, so that Owner may complete necessary preliminary work without inconvenience or delay to Contractor.

9.07 Correction Period And Project Warranty Period:

A. If within one year after the Date of Completion as identified on the recorded Notice of Completion, or such longer period of time as may be prescribed by laws, regulations or by the terms of Contract Documents or any extended warranty or guaranty, any Work (completed or incomplete) is found to be Defective, Contractor shall promptly without cost to Owner and in accordance with Owner’s written instructions, correct such Defective Work. Contractor shall remove any Defective City of Shafter Library and Learning Center, Chess Garden CDBG 18.22.1 & 18.23.1
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Work rejected by Owner and replace it with Work that is not Defective, and satisfactorily correct and remove and replace any damage to other Work or the work of others resulting therefrom. If Contractor fails to promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, Owner may have the Defective Work corrected or the rejected Work removed and replaced. Contractor shall pay for all claims, costs, losses and damages caused by or resulting from such removal and replacement. Where Contractor fails to correct Defective Work, or defects are discovered outside the correction period, Owner shall have all rights and remedies granted by law.

B. In special circumstances where a part of the Work is occupied or a particular item of equipment is placed in continuous service before the date of completion as identified in the recorded Notice of Completion of all the Work, the correction period for that part of Work or that item may start to run from an earlier date if so provided by Change Order.

C. Where Defective Work or rejected Work (and damage to other Work resulting therefrom) has been corrected, removed, or replaced under this provision after the commencement of the correction period, the correction period hereunder with respect to such Work shall be extended for an additional period of one year after such correction or removal and replacement has been satisfactorily completed.

9.08 No Waiver
A. Neither recordation of the Notice of Completion nor final certificate for payment nor provision of the Contract nor partial or entire use or occupancy of premises by Owner shall constitute acceptance of Work not done in accordance with Contract Documents nor relieve Contractor of liability in respect to express warranties or responsibility for faulty materials or workmanship.

B. If, after installation, operation, or use of materials or equipment to be provided under Contract proves to be unsatisfactory to Owner, Owner shall have right to operate and use materials or equipment until said materials and equipment can, without damage to Owner, be taken out of service for correction or replacement. Period of use of Defective materials or equipment pending correction or replacement shall in no way decrease guarantee period required for acceptable corrected or replaced items of materials or equipment.

C. Nothing in the Contract Documents shall be construed to limit, relieve, or release Contractor’s, Subcontractors’, and equipment suppliers’ liability to Owner for damages sustained as result of latent defects in materials or equipment caused by negligence of Contractor, its agents, suppliers, employees, or Subcontractors.

ARTICLE 10 - MODIFICATIONS OF CONTRACT DOCUMENTS

10.01 Owner’s Right To Direct Changed Work.

A. Owner may, without notice to the sureties and without invalidating the Contract, make changes in the Work (“Changed Work”), including without limitation: alterations, deviations, additions to, or deletions from Contract Documents; increase or decrease the quantity of any item or portion of the Work; expand, reduce or otherwise change the Contract Time; delete any item or portion of the Work; and require extra Work. Contractor shall perform such Work under applicable provisions of the Contract Documents, unless specifically provided otherwise at the time the change is ordered. .

B. If Changed Work is of such a nature as to increase or decrease the time or cost of any part of Work, price fixed in Contract shall be increased or decreased by amount as the Contractor and Owner may agree upon as reasonable and proper allowance for increase or decrease in cost of Work using the cost guidelines set forth in this Article, and absent such agreement, then as Owner may direct (with Contractor retaining its rights under Article 12 herein).

10.02 Required Documentation For Changed Work
A. Changes affecting the Contract Time or Contract Sum of the Work shall be set forth in a written Change Order that shall specify:

1. The Work performed in connection with the change to be made; City of Shafter Library and Learning Center, Chess Garden CDBG 18.22.1 & 18.23.1
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2. The amount of the adjustment of the Contract Sum, if any, and the basis for compensation for the Work ordered; and

3. The extent of the adjustment in the Contract Time, if any.

B. A Change Order will become effective when signed by Owner, notwithstanding that Contractor has not signed it. A Change Order will become effective without Contractor’s signature, provided Owner indicates same thereon (by indicating it as a “unilateral change order”).

10.03 Procedures And Pricing Of Changed Work
A. Procedures for changed work and pricing of changed work, claims and all forms of extra compensation, are set forth in Section 01205 (Modification Procedures).

ARTICLE 11 - TIME ALLOWANCES

11.01 Time Allowances
A. Time is of the essence. Contract Time may only be changed by Change Order, and all time limits stated in the Contract Documents are to mean that time is of the essence.

11.02 Excusable Delay And Inexcusable Delay Defined.

A. Excusable Delay. Subject to the provisions on Notice of Delay below, Contract Time may be adjusted in an amount equal to the time lost due to:

1. Changes in the Work ordered by Owner (“Changes”);

2. Acts or neglect by Owner, Architect, any Owner Representative, utility owners or other contractors performing other work, not permitted or provided for in the Contract Documents, provided that Contractor has performed its responsibilities under the Contract Documents (including but not limited to pre-bid investigations) (“Acts or Neglect”); or

3. Fires, floods, epidemics, abnormal weather conditions beyond the parameters otherwise set forth in this Article, earthquakes, civil or labor disturbances, or acts of God (together, “force majeure events”), provided damages resulting therefrom are not the result of Contractor’s failure to protect the Work as required by Contract Documents (“Force Majeure”).

B. Inexcusable Delay. Contract Time shall not be extended for any period of time where Contractor (and/or any Subcontractor) is delayed or prevented from completing any part of the Work due to a cause that is within Contractor’s risk or responsibility under the Contract Documents. Delays attributable to or within the control of a Subcontractor, or its subcontractors, or supplier, are deemed delays within the control of Contractor.

C. Float. Float shall be treated as a Project resource. Contractor shall not be entitled to a time extension for impacts that consume float, but do not impact the critical path.

11.03 Notice Of Delay
A. Within five (5) Working Days of the beginning of any delay (excepting adverse weather delays), Contractor shall notify Owner in writing, by submitting a notice of delay that shall describe the anticipated delays resulting from the delay event in question. If Contractor requests an extension of time, Contractor shall submit a TIE within seven (7) Working Days of the notice of delay.

Owner will determine all claims and adjustments in the Contract Time. No claim for an adjustment in the Contract Time will be valid and such claim will be waived if not submitted in accordance with the requirements of this subparagraph. In cases of substantial compliance with the seven-day notice requirement here (but not to exceed fifteen (15) Working Days from the beginning of the delay event), Owner may in its sole discretion recognize a claim for delay accompanied with the proper TIE, provided Contractor also shows good faith and a manifest lack of prejudice to Owner from the late notice.

11.04 Compensable Time Extensions
A. Subject to other applicable provisions of the Contract Documents, Contractor may be entitled to adjustment in Contract Sum in addition to Contract Time for:

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1. Excusable delay caused solely by Changes in the Work ordered by Owner, as provided above, and/or

2. Excusable delay caused solely by Acts or Neglect by Owner or other person, as provided above.

11.05 Non-Compensable Time Extensions
A. Subject to other applicable provisions of the Contract Documents, Contractor may be entitled to adjustment in Contract Time only, without adjustment in Contract Sum, for

1. Periods of excusable delay caused solely by weather or Force Majeure events as provided above in this Article, or

2. Periods of concurrent delay, where delay results from two or more causes, one of which is compensable (resulting from Changes or Acts or Neglect as set forth above in this Article), and the other of which is non-compensable or unexcusable, such as: acts or neglect of Contractor, Subcontractors or others for whom Contractor is responsible; other acts, omissions and conditions which would not entitle Contractor to adjustment in Contract Time; adverse weather; and/or actions of Force Majeure as provided above in this Article.

11.06 Adverse Weather
A. If the Contractor is delayed in the performance of the Work because of acts of God, fire, strikes, unavailability of materials or similar occurrences beyond his control, the Engineer may grant such extension of time to complete the contract as he deems appropriate, providing the contractor has notified the Engineer in writing of the causes of the delay within five (5) Working Days of the beginning of the delay.

B. Requests for extensions on of time to complete the contract based on delays in the performance of the work due to inclement weather must be submitted in writing to the Owner with appropriate justification on the number of days of delay. The Contractor and Owner will review the inclement weather days weekly. The Contractor will not be entitled to any extension of contract time or payment for costs incurred as a result of taking such actions.

C. During unfavorable weather, wet ground, or other unsuitable construction conditions, Contractor shall employ best practices to protect the Work, manage the construction site and rainwater during inclement weather and provide requirements of implemented SWPPP and BMP’s.

Persons performing the Work shall examine surfaces to receive their Work and shall report in writing to Contractor, with copy to Owner representative and the Architect conditions detrimental to the Work. Failure to examine and report discrepancies makes the Contractor responsible, at no increase in Contract Sum, for corrections Owner may require. Commencement of Work constitutes acceptance of surface.

11.07 Liquidated Damages
A. Time is of the essence. Execution of Contract Documents by Contractor shall constitute its acknowledgement that Owner will actually sustain damages in the form of Contract administration expenses (such as Project management and consultant expenses) in the amount fixed in the Contract Documents for each and every Day during which completion of Work required is delayed beyond expiration of time fixed for completion plus extensions of time allowed pursuant to provisions hereof.

ARTICLE 12 - CLAIMS BY CONTRACTOR

12.01 Obligation to File Claims for Disputed Work
A. Should it appear to Contractor that the Work to be performed or any of the matters relative to the Contract Documents are not satisfactorily detailed or explained therein, or should any questions arise as to the meaning or intent of the Contract Documents, or should any dispute arise regarding the true value of any work performed, work omitted, extra work that the Contractor may be required to perform, time extensions, payment to the Contractor during performance of this Contract, performance of the Contract, and/or compliance with Contract procedures, or should Contractor otherwise seek extra time or compensation FOR ANY REASON WHATSOEVER, then City of Shafter Library and Learning Center, Chess Garden CDBG 18.22.1 & 18.23.1
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Contractor shall first follow procedures set forth in the Contract (including but not limited to other Articles of this Document 00700 and Section 01205.) If a dispute remains, then Contractor shall give written notice to Owner that expressly invokes this Article 12. Owner shall decide the issue in writing within 15 Working Days; and Owner’s written decision shall be final and conclusive. If Contractor disagrees with Owner’s decision, or if Contractor contends that Owner failed to provide a decision timely, then Contractor’s SOLE AND EXCLUSIVE REMEDY is to promptly file a written claim setting forth Contractor’s position as required herein.

12.02 Form And Contents Of Claim
A. Contractor’s written claim must identify itself as a “Claim” under Article 12 and must include the following: (1) a narrative of pertinent events; (2) citation to contract provisions; (3) theory of entitlement; (4) complete pricing of all cost impacts; (5) a time impact analysis of all time delays that shows actual time impact on the critical path; (6) documentation supporting items 1 through 5; a verification under penalty of perjury of the claim’s accuracy. The Claim shall be submitted to Owner within thirty (30) Calendar Days of receiving Owner’s written decision, or the date Contractor contends such decision was due, and shall be priced like a change order according to Section 01205, and must be updated monthly as to cost and entitlement if a continuing claim.

Routine contract materials, for example, correspondence, RFI, Change Order requests, or payment requests shall not constitute a claim. Contractor shall bear all costs incurred in the preparation and submission of a claim.

12.03 Administration During/After Claim Submission
A. Owner may render a final determination based on the Claim or may in its discretion conduct an administrative hearing on Contractor’s claim, in which case Contractor shall appear, participate, answer questions and inquiries, and present any further evidence or analysis requested by Owner prior to rendering a final determination. Should Owner take no action on the Claim within 45 Calendar Days of submission, it shall be deemed denied.

B. Notwithstanding and pending the resolution of any claim or dispute, Contractor shall diligently prosecute the disputed work to final completion in accordance with Owner’s determination.

C. After their submission, claims that total less than $375,000 in the aggregate at Contract closeout shall also be subject to the Local Agency Disputes Act.

12.04 Compliance
A. The provisions of this Article 12 constitute a non-judicial claim settlement procedure that, pursuant to Section 930.2 of the California Government Code, shall constitute a condition precedent to submission of a valid Government Code Section 910 Claim under the California Government Code. Contractor shall bear all costs incurred in the preparation, submission and administration of a claim. Any claims presented thereafter in accordance with the Government Code must affirmatively indicate Contractor’s prior compliance with the claims procedure herein and the previous dispositions under Paragraph 12.03 above of the claims asserted. Pursuant to Government Code Section 930.2, the one-year period in Government Code section 911.2 shall be reduced to 150 Calendar Days from either accrual of the cause of action, substantial completion or termination of the contract, whichever occurs first; in all other respects, the requirements of the Government Code shall apply unchanged, including, without limitation, Contractor’s obligation to file a Government Code Section 910 Claim.

B. Failure to submit and administer claims as required in Article 12 shall waive Contractor’s right to claim on any specific issues not included in a timely submitted claim. Claim(s) or issue(s) not raised in a timely protest and timely claim submitted under this Article 12 may not be asserted in any subsequent litigation, Government Code Section 910 Claim, or legal action.

C. Owner shall not be deemed to waive any provision under this Article 12, if at Owner’s sole discretion, a claim is administered in a manner not in accord with this Article 12. Waivers or modifications of this Article 12 may only be made a signed change order approved as to form by legal counsel for both Owner and Contractor; oral or implied modifications shall be ineffective.

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ARTICLE 13 - UNDERGROUND CONDITIONS

13.01 Contractor To Locate Underground Facilities.

A. During construction, Contractor shall comply with Government Code Sections 4216 to 4216.9, and in particular Section 4216.2 which provides, in part: “Except in an emergency, every person planning to conduct any excavation shall contact the appropriate regional notification center at least two (2) Working Days, but no more than ten (10 Working Days, prior to commencing that excavation, if the excavation will be conducted in an area which is known, or reasonably should be known, to contain subsurface installations other than the underground facilities owned or operated by the excavator, and, if practical, the excavator shall delineate with white paint or other suitable markings the area to be excavated. The regional notification center shall provide an inquiry identification number to the person who contacts the center and shall notify any member, if known, who has a subsurface installation in the area of the proposed excavation.” B. Contractor shall contact Underground Service Alert (USA) or the appropriate regional notification center, and schedule the Work to allow ample time for the center to notify its members and, if necessary, for any member to field locate and mark its facilities. Contractor is charged with knowledge of all subsurface conditions reflected in underground utility records. Contractor shall advise Owner of any conflict between information provided in Document 00300 (Geotechnical Data and Existing Conditions), the Drawings and that provided by underground utility records.

Contractor’s excavation shall be subject to and comply with the Contract Documents.

C. Contractor shall also investigate the existence of existing service laterals, appurtenances or other types of utilities, indicated by the presence of an underground transmission main implied by the presence of visible facilities, such as buildings, new asphalt, meters and junction boxes, on or adjacent to the Site, even if not shown or indicated in Document 00300 (Geotechnical Data and Existing Conditions), or the Drawings or that provided by underground utility records. Contractor shall immediately secure all such available information and notify Owner and the utility owner, in writing, of its discovery.

13.02 Contractor To Protect Underground Facilities.

A. At all times during construction, all operating Underground Facilities shall remain in operation, unless the Contract Documents expressly indicate otherwise. Contractor shall maintain such Underground Facilities in service where appropriate; shall repair any damage to them caused by the Work; and shall incorporate them into the Work, including reasonable adjustments to the design location (including minor relocations) of the existing or new installations. Contractor shall take immediate action to restore any in service installations damaged by Contractor’s operations.

B. Prior to performing Work at the Site, Contractor shall lay out the locations of Underground Facilities that are to remain in service and other significant known underground installations indicated by the Underground Facilities Data. Contractor shall further locate, by carefully excavating with small equipment, potholing and principally by hand, all such utilities or installations that are to remain and that are subject to damage. If additional utilities whose locations are unknown are discovered, Contractor shall immediately report to Owner for disposition of the same. Additional compensation or extension of time on account of utilities not shown or otherwise brought to Contractor’s attention, including reasonable action taken to protect or repair damage, shall be determined as provided in this Document 00700.

C. If during construction, an Underground Facility is uncovered or revealed at or contiguous to the Site which was not shown or indicated in the materials supplied by Owner for bidding or in information on file at USA or otherwise reasonably available to Contractor, then Contractor shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby (and in no event later than five (5) Working Days), and prior to performing any Work in connection therewith (except in an emergency), identify the owner of such Underground Facility and give written notice to that owner and to Owner. During such time, Contractor shall be responsible for the safety and protection of such Underground Facility.

D. The cost of all of the following will be included in the Contract Sum and Contractor shall have full responsibility for (a) reviewing and checking all available information and data including, but not limited to, information made available for bidding and information on file at USA; (b) locating all Underground Facilities shown or indicated in the Contract Documents, available information, or City of Shafter Library and Learning Center, Chess Garden CDBG 18.22.1 & 18.23.1
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indicated by visual observation including, but not limited to, and by way of example only, engaging qualified locating services and all necessary backhoeing and potholing; (c) coordination of the Work with the owners of such Underground Facilities during construction; and (d) the safety and protection of all such Underground Facilities and repairing any damage thereto resulting from the Work.

E. Consistent with California Government Code §4215, as between Owner and Contractor, Owner will be responsible for the timely removal, relocation, or protection of existing main or trunk line utility facilities located on the Site only if such utilities are not identified in the Contract Documents or information made available for bidding. Owner will compensate for the cost of locating and repairing damage not due to Contractor’s failure to exercise reasonable care, removing and relocating such main or trunk line utility facilities not indicated in the Contract Documents or information made available for bidding with reasonable accuracy, and equipment on the Project necessarily idled during such Work. Contractor shall not be assessed liquidated damages for delay in completion of the Project, when such delay was caused by the failure of Owner or the utility to provide for removal or relocation of such utility facilities.

13.03 Concealed Or Unknown Conditions
A. If either of the following conditions is encountered at Site when digging trenches or other excavations that extend deeper than four feet below the surface, Contractor shall give a written Notice of Differing Site Conditions to Owner promptly before conditions are disturbed, except in an emergency as set forth in this Document 00700, and in no event later than five (5) Working Days after first observance of:

1. Subsurface or Latent physical conditions which differ materially from those indicated in the Contract Documents; or

2. Unknown physical conditions of an unusual nature or which differ materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents.

B. In response to Contractor’s Notice of Differing Site Conditions under this Paragraph, Owner will investigate the identified conditions, and if they differ materially and cause increase or decrease in Contractor’s cost of, or time required for, performance of any part of the Work, Owner will negotiate the appropriate change order following the procedures set forth in the Contract Documents. If Owner determines that physical conditions at the Site are not Latent or are not materially different from those indicated in Contract Documents or that no change in terms of the Contract Documents is justified, Owner will so notify Contractor in writing, stating reasons (with Contractor retaining its rights under Article 12 of this Document 00700.) C. Contractor shall not be entitled to any adjustment in the Contract Sum or Contract Time regarding claimed Latent or materially different Site conditions (whether above or below grade) if Contractor knew or should have known of the existence of such conditions at the time Contractor submitted its Bid, failed to give proper notice, or relied upon information, conclusions, opinions or deductions of the kind that the Contract Documents preclude reliance upon.

D. Regarding Underground Facilities, Contractor shall be allowed an increase in the Contract Sum or an extension of the Contract Time, or both, to the extent that they are attributable to the existence of any Underground Facility that is owned and was built by Owner only where the Underground Facility:

1. Was not shown or indicated in the Contract Documents or in the information supplied for bidding purposes or in information on file at USA; and

2. Contractor did not know of it; and

3. Contractor could not reasonably have been expected to be aware of it or to have anticipated it from the information available. (For example, if surface conditions such as pavement repairs, valve covers, or other markings, indicate the presence of an Underground Facility, then an increase in the Contract Sum or an extension of the Contract Time will not be due, even if the Underground Facility was not indicated in the Contract Documents, in the information supplied to Contractor for bidding purposes, in information on file at USA, or otherwise reasonably available to Contractor.) City of Shafter Library and Learning Center, Chess Garden CDBG 18.22.1 & 18.23.1
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E. Contractor shall bear the risk that Underground Facilities not owned or built by Owner may differ in nature or locations shown in information made available by Owner for bidding purposes, in information on file at USA, or otherwise reasonably available to Contractor. Underground Facilities are inherent in construction involving digging of trenches or other excavations on Owner’s Project, and Contractor is to apply its skill and industry to verify the information available.

F. Contractor’s compensation for claimed Latent or materially different Site conditions shall be limited to the actual, reasonable, incremental increase in cost of that portion of the Work, resulting from the claimed Latent or materially different Site conditions. Such calculation shall take into account the estimated value of that portion of the Work and the actual value of that portion of the Work, using for guidance Contractor’s or its subcontractor’s bid amount and actual amounts incurred for that portion of the Work and the reasonable expectation (if any) of differing or difficult site conditions in the Work area based on the available records and locale of the Work. For example, if Contractor excavates in an area unexpected, then such costs would be recoverable entirely; while if Contractor extends an existing excavation, then such costs would be recoverable if the resulting excavation costs in that work area exceeded the reasonable expectations therefore.

13.04 Notice Of Hazardous Waste Or Materials Conditions A. Contractor shall give a written Notice of Hazardous Materials Condition to Owner promptly, before any of the following conditions are disturbed (except in an emergency as set forth in this Document 00700), and in no event later than 24 hours after first observance of any:

1. Material that Contractor believes may be hazardous waste or hazardous material, as defined in Section 25117 of the Health and Safety Code (including, without limitation, Asbestos, lead, PCBs, petroleum and related hydrocarbons, and radioactive material) that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law (“hazardous material”); or

2. Other material that may present an imminent substantial danger to persons or property exposed thereto in connection with Work at the Site (“other materials”).

B. Except as otherwise provided in the Contract Documents or as provided by applicable law, Contractor shall not be required to give any notice for the disturbance or observation of any such hazardous materials or other materials where such matter is disturbed or observed as part of the scope of Work under the Contract Documents (such as hazardous waste or hazardous material investigation, remediation or disposal activities which are identified as the subject of Work under the Contract Documents), where Contractor complies with all requirements in the Contract Documents and applicable law respecting such materials.

C. Contractor’s Notice of Hazardous Materials Condition shall indicate whether the hazardous materials or other materials were shown or indicated in the Contract Documents to be within the scope of Work, and whether the hazardous materials or other materials were brought to the Site by Contractor, its Subcontractors, suppliers, or anyone else for whom Contractor is responsible.

D. Contractor shall not be entitled to any adjustment in the Contract Sum or Contract Time regarding claimed hazardous waste or materials if:

1. Contractor knew of the existence of such hazardous materials or other materials at the time Contractor submitted its Bid; or

2. Contractor should have known of the existence of such hazardous material or other materials as a result of its having the responsibility to obtain additional or supplementary examinations, investigation, explorations, tests, studies, and data concerning the conditions at or contiguous to the Site prior to submitting its Bid; or

3. Contractor failed to give the written notice within the required timeframe set forth below.

E. If Owner determines that conditions involve hazardous materials or other materials and that a change in Contract Document terms is justified, Owner may issue either a Request for Proposal or Construction Change Order under the procedures described in the Contract Documents. If Owner determines that conditions do not involve hazardous materials or other materials or that no change in Contract Document terms is justified, Owner will notify Contractor in writing, stating the reasons for its determination.

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F. In addition to the parties’ other rights under this Document 00700, if Contractor does not agree to resume Work based on a reasonable belief that it is unsafe, or does not agree to resume Work under special conditions, Owner may order the disputed portion of Work deleted from the Work, or performed by others, or Owner may invoke its right to terminate Contractor’s right to proceed under the Contract Documents in whole or in part, for convenience or for cause as the facts may warrant.

G. If Contractor does not agree with any Owner determination of any adjustment in the Contract Sum or Contract Time under this Article, Contractor may make a claim as provided in Article 12 of this Document 00700.

ARTICLE 14 - LEGAL AND MISCELLANEOUS

14.01 Laws And Regulations
A. Contractor shall keep fully informed of and shall comply with all laws, ordinances, regulations and orders of any properly constituted authority affecting the Contract Documents, Work and persons connected with Work, and shall protect and indemnify Owner and HUD, their officers, employees, consultants and agents against any claim or liability, including attorney’s fees, arising from or based on violation of law, ordinance, regulation or order, whether by Contractor or by Subcontractors, employees or agents. Authorized persons may at any time enter upon any part of Work to ascertain compliance of all applicable laws, ordinances, regulations and orders.

14.02 Permits And Taxes
A. Contractor shall procure all permits and licenses applicable to the Work (including environmental matters to the extent applicable); pay all charges and fees, including fees for street opening permits; comply with, implement and acknowledge effectiveness of all permits; initiate and cooperate in securing all required notifications or approvals therefore; and give all notices necessary and incident to due and lawful prosecution of Work, unless otherwise provided herein.

Owner will pay applicable building permits, sanitation and water fees for the completed construction, except as otherwise provided in the Contract Documents. Contractor shall pay all sales and/or use taxes levied on materials, supplies, or equipment purchased and used on or incorporated into Work, and all other taxes properly assessed against equipment or other property used in connection with Work, without any increase in the Contract Sum. Contractor shall make necessary arrangements with proper authorities having jurisdiction over roads, streets, pipelines, navigable waterways, railroads, and other works in advance of operations, even where Owner may have already obtained permits for the Work.

14.03 Communications And Information Distribution
A. All communications recognized under the Contract Documents shall be in writing, in the form of a serialized document, by type of communication. For example, RFI’s shall be serialized beginning with RFI No. 1; payment applications shall be serialized beginning with Payment Application No. 1, submittals shall be serialized per specification section and transmitted with transmittal sheets beginning with Transmittal No. 1; and correspondence shall be serialized beginning with letter No.

1. Contractor may propose other record management and identification systems or protocols, intended to facilitate orderly transmittal of project information, storage and retrieval of such information, which Owner will review consistent with these stated objectives, and accept or reject in its sole discretion.

B. Documents Requiring Signatures. All documents requiring signatures for approval prior to implementing action, as stipulated in other portions of Contract Documents, shall require a manually signed, serialized letter delivered to the other party at its address for notice otherwise specified in the Contract Documents, either personally or by mail.

C. Electronic data transfer of such correspondence will serve to expedite preliminary concurrence of information, only. Receipt of “hard copy” signature on forms is required prior to implementing action or work as the conditions may require. For example, change orders and authorizations for extra cost, require signatures. A party may acknowledge receipt of portable document file (PDF) copies of required correspondence by e-mail, but in the absence of such acknowledgment, mail or personal delivery is required.

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D. All emails shall be copied to Owner’s and Contractor’s Project Representative. Owner reserves the right to preclude e-mail communication, in whole or in part, as Project needs may require.

Communication between Owner and Contractor shall not be via Twitter, Facebook, or other types of instant text message systems. Any such communications shall be inadmissible for any purpose related to this Contract.

14.04 Suspension Of Work
A. Owner may, without cause, order Contractor in writing to suspend, delay or interrupt Work in whole or in part for such period of time as Owner may determine. An adjustment shall be made for increases in cost of performance of Work of the Contract Documents caused by any such suspension, delay or interruption, calculated using the measures set forth in Section 01205 (Modification Procedures). No adjustment shall be made to extent that performance is, was or would have been so suspended, delayed or interrupted by another cause for which Contractor is responsible.

14.05 Termination Of Contract For Cause
A. The Contractor shall be in default of the Contract Documents and Owner may terminate the Contractor's right to proceed under the Contract Documents, for cause, in whole or in part, should the Contractor commit a material breach of the Contract Documents and not cure such breach within ten (10) Calendar Days of the date of notice from Owner to the Contractor demanding such cure; or, if such breach is curable but not curable within such ten (10) day period, within such period of time as is reasonably necessary to accomplish such cure. (In order for the Contractor to avail itself of a time period in excess of ten (10) Calendar Days, the Contractor must provide Owner within the ten (10) day period with a written plan acceptable to Owner that demonstrates actual resources, personnel and a schedule to promptly to cure said breach, and then diligently commence and continue such cure according to the written plan).

B. In the event of termination by Owner for cause as provided herein, the Contractor shall deliver to Owner possession of the Work in its then condition, including but not limited to, all designs, engineering, Project records, cost data of all types, plans and specifications and contracts with vendors and subcontractors, all other documentation associated with the Project, and all construction supplies and aids dedicated solely to performing the Work which, in the normal course of construction, would be consumed or only have salvage value at the end of the construction period. The Contractor shall remain fully liable for the failure of any Work completed and materials and equipment provided through the date of such termination to comply with the provisions of the Contract Documents. The provisions of this Section shall not be interpreted to diminish any right which Owner may have to claim and recover damages for any breach of the Contract Documents or otherwise, but rather, the Contractor shall compensate Owner for all loss, cost, damage, expense, and/or liability suffered by Owner as a result of such termination and/or failure to comply with the Contract Documents.

C. In the event a termination for cause is later determined to have been made wrongfully or without cause, then the termination shall be treated as a termination for convenience, and the Contractor shall have no greater rights than it would have had following a termination for convenience. Any Contractor claim arising out of a termination for cause shall be made in accord with Article 12 herein. No other loss, cost, damage, expense or liability may be claimed, requested or recovered by the Contractor.

14.06 Termination Of Contract For Convenience
A. Owner may terminate performance of the Work under the Contract Documents in accordance with this clause in whole, or from time to time in part, whenever Owner shall determine that termination is in Owner’s best interest. Termination shall be effected by Owner delivering to the Contractor notice of termination specifying the extent to which performance of the Work under the Contract Documents is terminated, and the effective date of the termination.

B. Contractor shall comply strictly with Owner’s direction regarding the effective date of the termination, the extent of the termination, and shall stop work on the date and to the extent specified.

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C. Contractor shall be entitled to a total payment on account of the Contract work so terminated measured by (i.) the actual cost to Contractor of Work actually performed, up to the date of the termination, with profit and overhead limited to twelve percent (12%) of actual cost of work performed, up to but not exceeding the actual contract value of the work completed as measured by the Schedule of Values and Progress Schedule, (ii.) offset by payments made and other contract credits. In connection with any such calculation, however, Owner shall retain all rights under the Contract Documents, including but not limited to claims, indemnities, or setoffs.

D. Under no circumstances may Contractor recover legal costs of any nature, nor may Contractor recover costs incurred after the date of the termination or lost profits on terminated Work.

14.07 Remedies
A. Subject to Contract Documents provisions regarding Contractor claims, claim review, and claim resolution, and subject to the limitations therein, the exclusive jurisdiction and venue for resolving all claims, counter claims, disputes and other matters in question between Owner and Contractor arising out of or relating to Contract Documents, any breach thereof or the Project shall be the applicable court of competent jurisdiction located in the State and County where the Project is located.

B. All Owner remedies provided in the Contract Documents shall be taken and construed as cumulative and not exclusive; that is, in addition to each and every other remedy herein provided; and in all instances Owner shall have any and all other equitable and legal rights and remedies which it would have according to law.

14.08 Contract Integration and Non-Waiver
A. The Contract Documents, any Contract Modifications and Change Orders, shall represent the entire and integrated agreement between Owner and Contractor regarding the subject matters hereof and thereof and shall constitute the exclusive statement of the terms of the parties’ agreement. The Contract Documents, and any Contract Modifications and Change Orders, shall supersede any and all prior negotiations, representations or agreements, written or oral, express or implied, that relate in any way to the subject matter of the Contract Documents or written Modifications. Owner and Contractor represent and agree that, except as otherwise expressly provided in the Contract Documents, they are entering into the Contract Documents and any subsequent written Modification in sole reliance upon the information set forth or referenced in the Contract Documents or Contract Modifications; the parties are not and will not rely on any other information, which shall be inadmissible in any proceeding to enforce these documents.

B. Either party’s waiver of any breach or failure to enforce any of the terms, covenants, conditions or other provisions of the Contract Documents at any time shall not in any way affect, limit, modify or waive that party’s right thereafter to enforce or compel strict compliance with every term, covenant, condition or other provision hereof, any course of dealing or custom of the trade or oral representations notwithstanding.

C. Neither acceptance of the whole or any part of Work by Owner nor any verbal statements on behalf of Owner or its authorized agents or representatives shall operate as a waiver or modification of any provision of the Contract Documents, or of any power reserved to Owner herein nor any right to damages provided in the Contract Documents.

14.9 Interpretation.

A. Should any part, term or provision of this Agreement or any of the Contract Documents, or any document required herein or therein to be executed or delivered, be declared invalid, void or unenforceable, all remaining parts, terms and provisions shall remain in full force and effect and shall in no way be invalidated, impaired or affected thereby. If the provisions of any law causing such invalidity, illegality or unenforceability may be waived, they are hereby waived to the end that this Agreement and the Contract Documents may be deemed valid and binding agreements, enforceable in accordance with their terms to the greatest extent permitted by applicable law. In the event any provision not otherwise included in the Contract Documents is required to be included by any applicable law, that provision is deemed included herein by this reference (or, if such provision is required to be included in any particular portion of the Contract Documents, that provision is deemed included in that portion).

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B. Contract Documents shall not be construed to create a contractual relationship of any kind between (1) Project Manager or any Owner’s representative and Contractor; (2) Owner and/or its Representatives and a Subcontractor, sub-Subcontractor, or supplier of any Project labor, materials, or equipment; or (3) between any persons or entities other than Owner and Contractor.

14.10 Patents
A. Fees or claims for any patented invention, article or arrangement that may be used upon or in any manner connected with performance of the Work or any part thereof shall be included in the Bid price for doing the Work. Contractor shall defend, indemnify and hold harmless Owner and HUD and each of their officers, employees, consultants and agents, including, but not limited to, the Council/Board and each Owner’s Representative, from all damages, claims for damages, costs or expenses in law or equity, including attorney’s fees, arising from or relating to any claim that any article supplied or to be supplied under the Contract Documents infringes on the patent rights, copyright, trade name, trademark, service mark, trade secret or other intellectual property right of any person or persons or that the person or entity supplying the article does not have a lawful right to sell the same. Such costs or expenses for which Contractor agrees to indemnify and hold harmless the above indemnities include but are not limited to any and all license fees, whether such fees are agreed by any indemnitee or ordered by a court or administrative body of any competent jurisdiction.

14.11 Substitution For Patented And Specified Articles
A. Except as noted specifically in the instructions to Bidders or in Contract Documents, whenever in Specifications, material or process is designated by patent or proprietary name or by name of manufacturer, such designation shall be deemed to be used for purpose of facilitating description of material and process desired, and shall be deemed to be followed by the words “or Approved Equal” and Contractor may offer any substitute material or process that Contractor considers “equal” in every respect to that so designated and if material or process offered by Contractor is, in opinion of Owner, Equal in every respect to that so designated, its use will be approved.

However, Contractor may utilize this right only by timely submitting Document 01600-A (Substitution Request Form) as provided in Document 00200 (Instructions to Bidders). A substitution will be approved only if it is a true “or equal” item in every aspect of its design and quality, including but not limited to its dimensions, weights, materials of construction, service requirements, durability, functioning, impact on contiguous construction elements, overall schedule and design.

14.12 Interest Of Public Officers
A. No representative, officer, or employee of Owner no member of the governing body of the locality in which the Project is situated, no member of the locality in which Owner was activated, and no other public official of such locality or localities who exercises any functions or responsibilities with respect to the Project, during the tenure of the official or for one year thereafter, shall, as principal, agent, attorney or otherwise, be directly or indirectly interested, in the Contract Documents or the proceeds thereof.

14.13 Limit Of Liability
A. OWNER, AND EACH OF ITS OFFICERS, BOARD MEMBERS, EMPLOYEES, CONSULTANTS

AND AGENTS INCLUDING, BUT NOT LIMITED TO, PROJECT MANAGER AND EACH OTHER

OWNER REPRESENTATIVE, SHALL HAVE NO LIABILITY TO CONTRACTOR FOR SPECIAL,

CONSEQUENTIAL, OR INCIDENTAL DAMAGES, EXCEPT TO THE LIMITED EXTENT THAT

THESE CONTRACT DOCUMENTS OR APPLICABLE PUBLIC CONTRACTING STATUTES MAY SPECIFY THEIR RECOVERY.

ARTICLE 15 - WORKING CONDITIONS AND PREVAILING WAGES

15.01 Use Of Site/Sanitary Rules
A. All portions of the Work shall be maintained at all times in neat, clean and sanitary condition.

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where needed, and their use shall be strictly enforced. All toilets shall be properly secluded from public observation, and shall be located, constructed and maintained subject to Owner’s approval.

B. Contractor shall confine construction equipment, the storage of materials and equipment and the operations of workers to the Site and land areas identified in and permitted by Contract Documents and other land and areas permitted by applicable laws and regulations, rights of way, permits and easements or as designated by Owner, and shall not unreasonably encumber the premises with construction equipment or other materials or equipment. Contractor shall assume full responsibility for any damage to any such land or area, any improvement located thereon, or to Owner or occupant thereof resulting from the performance of Work.

C. During the progress of the Work, Contractor shall keep the Site and the Project free from accumulations of waste materials, rubbish and other debris resulting from the Work. At the completion of the Work, Contractor shall clean the site, remove all waste materials, rubbish and debris from and about the Site as well as all tools, appliances, construction equipment and machinery and surplus materials. Contractor shall leave the premises clean and ready for occupancy by Owner at Substantial Completion of Work. Contractor shall restore to original condition all property not designated for alteration by Contract Documents.

D. Contractor shall not load nor permit any part of any structure or pavement to be loaded in any manner that will endanger the structure or pavement, nor shall Contractor subject any part of Work or adjacent property to stresses or pressures that will endanger it. Contractor shall conduct all necessary existing conditions investigation regarding structural, mechanical, electrical or any other system existing, shall perform Work consistent with such existing conditions, and shall have full responsibility for insufficiencies or damage resulting from insufficiencies of existing systems, equipment or structures to accommodate performing the Work.

15.02 Protection Of Work, Persons, And Property
A. Contractor shall be responsible for initiating, maintaining and supervising all safety and site security precautions and programs in connection with Work, and shall develop and implement a site security and safety plan throughout construction. Contractor shall comply with all safety requirements specified in any safety program established by Owner, or required by state, federal or local laws and ordinances. Contractor shall be responsible for remedying all theft or damage to Work, property or structures, and all injuries to persons, either on the Site or constituting the Work (e.g., materials in transit), arising from the performance of Work of the Contract Documents from a cause.

B. Contractor shall comply with all applicable laws and regulations of any public body having jurisdiction for safety of persons or property or to protect them from damage, injury or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify Owners of adjacent property and of Underground Facilities and utility Owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation and replacement of their property.

C. Contractor shall remedy all damage, injury or loss to any property referred to above in this Article, caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor, supplier, or any other person or organization directly or indirectly employed by any of them to perform or furnish any Work or anyone for whose acts any of them may be liable. Contractor’s duties and responsibility for safety and for protection of Work shall continue until such time as all the Work is completed and Final Acceptance of the Work. Owner and its agents do not assume any responsibility for collecting any indemnity from any person or persons causing damage to Contractor’s Work.

D. Contractor shall designate a qualified and experienced safety representative at the Site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs.

E. Owner may, at its option, retain such moneys due under the Contract Documents as Owner deems necessary until any and all suits or claims against Contractor for injury to persons or property shall be settled and Owner receives satisfactory evidence to that effect.

F. Work within the right-of-way lines of the city and/or Owner and/or State shall be done in accordance with the standards and specifications of the controlling agency. Permit for such work City of Shafter Library and Learning Center, Chess Garden CDBG 18.22.1 & 18.23.1
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shall be obtained and paid for by the Contractor before executing the work within such right-ofways.

15.03 Responsibility For Safety And Health
A. Contractor shall ensure that its and each tier of Subcontractors’ employees, agents and invitees comply with applicable health and safety laws while at the Site. These laws include the Occupational Safety and Health Act of 1970 and rules and regulations issued pursuant thereto, and Owner’s safety regulations as amended from time to time. Contractor shall comply with all Owner directions regarding protective clothing and gear.

B. Contractor shall be fully responsible for the safety of its and its Subcontractors’ employees, agents and invitees on the Site. Contractor shall notify Owner, in writing, of the existence of hazardous conditions, property or equipment at the Site that are not under Contractor’s control.

Contractor shall be responsible for taking all the necessary precautions against injury to persons or damage to the property of Contractor, Subcontractors or persons from recognized hazards until the responsible party corrects the hazard.

C. Contractor shall confine all persons acting on its or its Subcontractors’ behalf to that portion of the Site where Work under the Contract Documents is to be performed, Owner-designated routes for ingress and egress thereto, and any other Owner-designated area. Except those routes for ingress and egress over which Contractor has no right of control, within such areas, Contractor shall provide safe means of access to all places at which persons may at any time have occasion to be present.

15.04 Emergencies

15.05 In emergencies affecting the safety or protection of persons or Work or property at the Site or adjacent thereto, Contractor, without special instruction or authorization from Owner, is obligated to act to prevent threat and damage, injury or loss, until directed otherwise by Owner. Contractor shall give Owner prompt written notice of actions taken due to emergency.

15.06 Use Of Roadways And Walkways
A. Contractor shall not unnecessarily interfere with use of any roadway, walkway or other facility for vehicular or pedestrian traffic. Before beginning any interference and only with Owner’s prior concurrence, Contractor may provide detour or temporary bridge for traffic to pass around or over the interference, which Contractor shall maintain in satisfactory condition as long as interference continues. Unless otherwise provided in the Contract Documents, Contractor shall bear the cost of these temporary facilities.

15.07 Nondiscrimination
A. No person or entity shall discriminate in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sexual preference, or gender of such persons, except as provided in Section 12940 of the California Government Code. Every contractor for public works violating the provisions of Section 1735 of the California Labor Code is subject to all the penalties imposed for a violation of Chapter 1, Part 7, Division 2 of the California Labor Code.

15.08 Prevailing Wages And Working Hours (Also see relevant information in Section 00731, Supplementary CDBG Conditions)
A. Contractor shall pay to persons performing labor in and about Work provided for in the Contract Documents an amount equal to or more than the general prevailing rate of per diem wages for (1) work of a similar character in the locality in which the Work is performed and (2) legal holiday and overtime work in said locality. The per diem wages shall be an amount equal to or more than the stipulated rates contained in a schedule that has been ascertained and determined by the Director of the State Department of Industrial Relations and Owner to be the general prevailing rate of per diem wages for each craft or type of workman or mechanic needed to execute this Contract. Contractor shall also cause a copy of this determination of the prevailing rate of per diem wages to be posted at each Site.

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B. Contractor shall forfeit, as a penalty to Owner, Fifty Dollars ($50.00) for each laborer, workman, or mechanic employed in performing labor in and about the Work provided for in the Contract Documents for each Day, or portion thereof, that such laborer, workman or mechanic is paid less than the said stipulated rates for any Work done under the Contract Documents by him or her or by any Subcontractor under him or her, in violation of Articles 1 and 2 of Chapter 1 of Part 7 of Division II of the California Labor Code. The sums and amounts which shall be forfeited pursuant to this Paragraph and the terms of the California Labor Code shall be withheld and retained from payments due to Contractor under the Contract Documents, pursuant to this Document 00700 and the California Labor Code, but no sum shall be so withheld, retained or forfeited except from the final payment without a full investigation by either the State Department of Industrial Relations or by Owner. The Labor Commissioner pursuant to California Labor Code §1775 shall determine the final amount of forfeiture.

C. Contractor shall insert in every subcontract or other arrangement which Contractor may make for performance of Work or labor on Work provided for in the Contract, provision that Subcontractor shall pay persons performing labor or rendering service under subcontract or other arrangement not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the Work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work fixed in the California Labor Code.

D. Contractor stipulates that it shall comply with all applicable wage and hour laws, including without limitation, California Labor Code §§ 1776 and 1810-1815. Failure to so comply shall constitute a default under this Contract.

E. Contractor and its Subcontractors shall be responsible for compliance with Labor Code §§ 1810- 1815.

1. Eight hours of labor performed in execution of the Contract constitutes a legal day’s work.

The time of service of any workman employed on the Project is limited and restricted to 8 hours during any one calendar day, and 40 hours during any one calendar week.

2. Contractor and its Subcontractors shall keep an accurate record showing the name of and actual hours worked each calendar day and each calendar week by each worker employed by him or her in connection with the Project. The record shall be kept open at all reasonable hours to the inspection Owner and to the Division of Labor Standards Enforcement.

3. Contractor or its Subcontractors shall, as a penalty to Owner, forfeit twenty-five dollars ($25) for each worker employed in the execution of the Contract Documents by the respective Contractor or Subcontractor for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Labor Code §§ 1810-1815.

4. Work performed on the Project by employees of Contractor or its Subcontractors in excess of 8 hours per day, and 40 hours during any one week, shall be permitted upon compensation for all hours worked in excess of 8 hours per day at not less than 1 1/2 times the basic rate of pay.

F. Contractor and its Subcontractors shall be responsible for compliance with Labor Code Section 1776.

1. Contractor and Subcontractors must keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the Work of the Contract Documents. Each payroll record shall contain or be verified by a written declaration as required by Labor Code Section 1776.

2. The payroll records enumerated above must be certified and shall be available for inspection at all reasonable hours at the principal office of the Contractor as required by Labor Code Section 1776.
a. Contractor shall inform Owner of the location of records enumerated above, including the street address, city and county, and shall, within five (5) Working Days, provide a notice of a change of location and address.

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b. Contractor or Subcontractor has ten (10) Working Days in which to comply subsequent to receipt of a written notice requesting the records enumerated above.

In the event that the Contractor or Subcontractor fails to comply with the ten-day period, he or she shall, as a penalty to Owner on whose behalf the contract is made or awarded, forfeit $25.00 for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, these penalties shall be withheld from progress payments then due. Contractor is not subject to a penalty assessment pursuant to this Paragraph due to the failure of a Subcontractor to comply with this Paragraph.

3. Contractor shall also deliver certified payrolls to Owner with each Application for Payment as set forth above in this Document 00700 (General Conditions).

15.09 Environmental Controls
A. Contractor shall comply with all rules, regulations, ordinances, and statutes that apply to any Work performed under the Contract Documents including, without limitation, any toxic, water, stormwater management and soil pollution controls and air pollution controls specified in California Government Code §11017. Contractor shall be responsible for insuring that Contractor’s Employees, Subcontractors, and the public are protected from exposure to airborne hazards or contaminated water, soil, or other toxic materials used during or generated by activities on the Site or associated with the Project. Also, see additional “Mitigation Measures/Project Conditions” information contained elsewhere in these Contract Documents.

15.010 Shoring Safety Plan
A. Any conflict between this Paragraph and Division 2 of the Specifications shall be resolved in favor of the most stringent requirement.

B. At least five (5) Working Days in advance of any excavation five feet or more in depth, Contractor shall submit to Owner a detailed plan showing the shoring, bracing and sloping design (including calculations) and other provisions to be made for worker protection from the hazard of caving ground during the excavation, as required by California Labor Code §6705. A civil or structural engineer registered in California shall prepare and sign any plan that varies from the shoring system standards established by the State Construction Safety Orders.

C. During the course of Work, Contractor shall be responsible for determining where sloping, shoring, and/or bracing is necessary and the adequacy of the design, installation, and maintenance of all shoring and bracing for all excavation, including any excavation less than five feet in depth. Contractor will be solely responsible for any damage or injuries that may result from excavating or trenching. Owner’s acceptance of any drawings showing the shoring or bracing design or Work schedule shall not relieve Contractor of its responsibilities under this Paragraph.

D. Appoint a qualified supervisory employee who shall be responsible to determine the sloping or shoring system to be used depending on local soil type, water table, stratification, depth, etc.

END OF DOCUMENT
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City of Shafter Library and Learning Center, Chess Garden Supplementary Conditions CDBG 18.22.1 & 18.23.1 00731 - 1
SECTION 00731 -SUPPLEMENTARY CONDITIONS

COMMUNITY DEVELOPMENT BLOCK GRANT FUNDED PROJECT
PART 1 GENERAL

1.01 SUMMARY
A. These Supplementary Conditions amend and supplement the Instructions to Bidders, 00200; Bid Form, Document 00410; and General Conditions, 00700 other provisions of the Contract Documents as indicated below. All provisions that are not so amended or supplemented remain in full force and effect.

1.02 – MODIFICATIONS TO INSTRUCTIONS TO BIDDERS
A. FEDERAL LABOR STANDARDS PROJECT WAGE REQUIREMENT
Federally funded projects are subject to the Davis-Bacon Act and the higher rate of wages stated in either the general prevailing wage rate as determined by the Director of the Department of Industrial Relations of the State of California or the Federal wage rate shall apply under the contract. In the event a class of laborer or mechanic is not found in the Federal Wage Decision, then the Contractor shall follow the procedures set out in 29 CFR

5.5(a)(1), Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction.

B. ADDITIONAL BID DOCUMENTS TO BE COMPLETED AND SUBMITTED WITH BID (Minimum requirements for submittal)

1. BID INSTRUCTION SUPPLEMENTAL FORM (Prime Only)

2. FED-10 – QUESTIONNAIRE (all bids)

3. CDA 100 – CONTRACTOR/SUBCONTRACTOR INFORMATION SHEET (all bids)

4. CDA 130 – EQUAL OPPORTUNITY AND DAVIS BACON ACT (all bids)

5. CDA 140 – NON-COLLUSION DECLARATION (all bids)

6. CDA 150 – NON-CONFLICT OF INTEREST CERTIFICATION (all bids)

7. CDA 160 – BUY AMERICAN, BUILD AMERICAN ACT CERTIFICATION (As Applicable, all bids)

8. CDA 170 – NON-SEGREGATED FACILITIES CERTIFICATION (all bids of $10,000 or more)

9. CDA 180 – PERFORMANCE ON PREVIOUS EQUAL OPPORTUNITY SUBJECT CONTRACTS/SUBCONTRACTS CERTIFICATION (all bids of $10,000 or more)

10. CDA 199 – SUSPENSION AND DEBARMENT CERTIFICATION (all bids)

11. CDA 200 – WITHHELD CONTRACT FUNDS CERTIFICATION (all bids)

12. SB-241 – PLAN FOR SMALL BUSINESS AND WOMAN BUSINESS ENTERPRISE UTILIZATION (bids of $250,000 or more)

13. SB-242 – LIST OF AFFIRMATIVE STEPS TAKEN (bids of $250,000 or more where Small Business participation goal was not met)

14. CDA-243 – CERTIFICATION REGARDING LOBBYING (bids of $100,000 or more)

15. Sec-3 100 – CERTIFICATION OF COMMITMENT FOR CONTRACTORS & SUBCONTRACTORS (bids of $200,000 or more)

16. Sec-3 105 – SECTION 3 CLAUSE CERTIFICATION FOR CONTRACTORS AND SUBCONTRACTORS (bids of $200,000 or more)

17. Sec-3 110 – SECTION 3 HOURS AND QUALITATIVE EFFORTS (bids of $200,000 or more)

18. Sec-3 120 – SECTION 3 RESIDENT/WORKER CERTIFICATION PROGRAM FORM (bids of $200,000 or more)

19. Sec-3 130 – SECTION 3 BUSINESS CONCERN CERTIFICATION (bids of $200,000 or more) C. SUPPLEMENTAL CONDITIONS (SUBMIT INFO AS REQUIRED)

1. LB-1 – LEAD BASED PAINT POISONING PREVENTION (If applicable)

2. L-1 – PROHIBITED USE OF FEDERAL FUNDS FOR LOBBYING DISCLOSURE OF LOBBYING ACTIVITIES (Include DOLA with Bid and indicate if applicable)

3. FEDERAL LABOR STANDARDS (form HUD 4010) AND EQUAL OPPORTUNITY EMPLOYMENT 85

City of Shafter Library and Learning Center, Chess Garden Supplementary Conditions CDBG 18.22.1 & 18.23.1 00731 - 2
a. MINIMUM WAGES
b. WITHHOLDING
c. PAYROLLS AND BASIC RECORDS
d. APPRENTICES AND TRAINEES APPRENTICE
e. COMPLIANCE WITH COPELAND ACT
f. SUBCONTRACTS
g. CONTRACTS TERMINATION; DEBARMENT
h. COMPLIANCE WITH DAVIS-BACON AND RELATED ACT REQUIREMENTS i. DISPUTES CONCERNING LABOR STANDARDS
j. CERTIFICATION OF ELIGIBILITY
k. COMPLAINTS, PROCEEDING, OR TESTIMONY BY EMPLOYEES
l. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT
m. OVERTIME REQUIREMENTS
n. VIOLATION; LIABILITY FOR UNPAID WAGES; LIQUIDATED DAMAGES o. WITHHOLDING FOR UNPAID WAGES AND LIQUIDATED DAMAGES
p. SUBCONTRACTS
q. HEALTH AND SAFETY
r. CLEAN AIR AND WATER
s. EQUAL OPPORTUNITY CLAUSES
t. GOALS AND TIMETABLES FOR MINORITY AND FEMALE PARTICIPATION u. UTILIZATION OF SMALL BUSINESS CONCERNS
v. COMPLIANCE WITH THE REHABILITATION ACT OF 1973
w. EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES
x. EQUAL OPPORTUNITY FOR VETERANS
y. EMPLOYMENT REPORTS ON VETERANS
z. ARCHITECTURAL BARRIERS ACT OF 1968
aa. AMERICANS WITH DISABILITIES ACT OF 1990
bb. NON-DISCRIMINATION OF BASIS OF AGE POLICY

4. EQUAL OPPORTUNITY
a. EEO CLAUSE
b. EXECUTIVE ORDER 11246 – EQUAL EMPLOYMENT OPPORTUNITY (SUBMIT WITH BID FOR CONTRACTS AND SUBCONTRACTS MORE THAN $10,000)
c. EEO CONSTRUCTION CONTRACT SPECIFICATIONS

5. FEDERAL PREVAILING WAGE INFORMATION
a. PREVAILING WAGE INFORMATION COVER
b. FEDERAL PREVAILING WAGE SUPPLEMENT
c. LABOR RELATIONS LETTER LR-96-01

6. FEDERAL PREVAILING WAGE DECISION

7. PLANNING AND NATURAL RESOURCES DEPARTMENT SMALL BUSINESS AFFIRMATIVE ACTION PLAN (if applicable)
a. PURPOSE
b. GENERAL APPROACH
c. RESPONSIBILITY
d. PROCEDURE

I SMALL BUSINESS PARTICIPATION REQUIREMENTS

II SMALL BUSINESS SUBCONTRACTING PROGRAM

III SMALL BUSINESS SIZE STANDARDS

IV SMALL BUSINESS & WOMAN BUSINESS ENTERPRISE QUESTIONNAIRE (SUBMIT WITH BID FOR ALL PRIME AND SUBS)

V SMALL BUSINESS & WOMAN BUSINESS DIRECTORY

8. OTHER FEDERAL REQUIREMENTS

9. MATERIAL COVERED AT PRECONSTRUCTION CONFERENCE
PART 2 PRODUCTS - NOT USED
PART 3 EXECUTION - NOT USED

END OF DOCUMENT
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FEDERAL CONTRACT REQUIREMENTS

REGULATIONS AND COMPLIANCE
- INTRODUCTION –
The County of Kern's Community Development Program is funded by annual Community Development Block Grants (CDBG) from the United States Department of Housing and Urban Development (HUD) and is administered by the County's Planning and Natural Resources Department (PLNR). Before the County can receive any of its annual CDBG funds, it must certify that all funds received will be expended only for program eligible activities and that all expenditures will be made in compliance with specific federal regulations identified by HUD.

Most County CDBG funds are "flowed through" to contractors and subcontractors for actual expenditure. The County must insure that they expend CDBG funds in compliance with federal laws and the certifications made to HUD. Thus, a major administrative responsibility of the General Services Division of the County Administrative Office and the Planning and Natural Resources Department is to inform contractors and subcontractors of applicable program requirements, laws and regulations and advise on methods of compliance.

This section is incorporated in County funded CDBG contracts as an aid to achieve compliance and to protect contractors from having to refund any CDBG funds that are found to have been expended improperly. HOWEVER, PLEASE BE AWARE THAT IT IS THE CONTRACTOR'S

RESPONSIBILITY TO INSURE THAT ALL APPLICABLE PROGRAM REQUIREMENTS, LAWS AND REGULATIONS ARE COMPLIED WITH ON THIS PROJECT. 87

Project Name: City of Shafter Library and Learning Center, Chess Garden Project Number: CDBG 18.22.1 & 18.23.1
Bid Instruction Supplemental Form
All questions regarding Community Development Project bid submittals must be submitted through a formal Request for Information (RFI) process or they will not be responded to by Community Development Staff.

In addition to the documentation required to be submitted per the Section 00731 - Supplementary Conditions within the bid package, in order to be considered responsive, all bids must at a minimum contain:
o The project Prime Contractor must have an active entity registration with Sam.gov, or its successor website, and all subcontractors, at a minimum, shall be issued a Unique Entity Identification (UEI) number from Sam.gov, or its successor website. Bids will be reviewed for federal exclusions with Sam.gov, or its successor/equivalent website(s) prior to award. Where active exclusions are found involving bidders, it may prevent the award of the project, even if the bid is otherwise considered the lowest most responsive bid.
o Complete and submit all Prime related documentation for the Section 00731 – Supplementary Conditions for the primary bid.
o To the greatest extent possible, all subcontractor documentation, shall be provided with bid, in accordance with Section 00731. Any deficiencies, missing items and/or corrections required shall be evaluated for responsiveness of the bid on a case by case basis. All subcontractor bid documentation must be provided prior to any award.
o A completed CDA 100 shall be provided for the prime and each subcontractor at bid opening. o Determine which and list all subs that will be working on the job, including any subcontractors that will perform work for other subcontractors. It is the responsibility of the Prime contractor to ensure that this information is included in the bid package. o Federal job classifications required for the execution of work performed shall be identified for the prime and all subcontractors within the bid package on the CDA 130. o For prime and subcontractor bids of $10,000 or more, CDA 180 documentation must include the appropriate check boxes filled and reported accurately. o Include the Disclosure of Lobbying Activities (DOLA) form for all bidders, if this form is not applicable, indicate N/A and submit a copy for each bidder, prime and subprime; and, o A Small Business and Women Business Enterprise Questionnaire for all bids, prime and subprime shall be completed and submit with bid.
o For Section 3 projects provide all Good Faith Effort Documentation for Section 3 requirements with the initial bid.
o For Section 3 projects, the Section 3-110 Form must be completed for prime and subcontractors.

If the Section 3 goals are not met, Qualitative Effort(s) must be identified and checked FOR EACH bid, both prime and subprime. Section 3-120 and Section 3-130 forms shall be completed for the prime and subcontractors, or if not applicable, shall be submitted and marked N/A on form. o Provide all Good Faith Effort Documentation for DBE and Small Business Utilization requirements with the initial bid.
o Determine which and list allsubs that will be working on the job, including any subcontractors that will perform work for other subcontractors. It is the responsibility of the Prime contractor to ensure that this information is included in the bid package. 88

All change orders must be approved by the Community Development Division prior to execution of work.

Sign below:
____________________________________________ ___________________ Prime Bid (Contractor) Date

SUBMIT WITH BID
89

In accordance with Public Contract Code Section 10162, the Bidder shall complete, under penalty of perjury, the following questionnaire:

QUESTIONNAIRE
Has the bidder, any officer of the bidder, or any employee of the bidder who has a proprietary interest in the bidder, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation?  Yes  No
If the answer is yes, explain the circumstancesin the following space.

Contractor/Subcontractor Name: ___________________________________ Project Name and Number: City of Shafter Library and Learning Center, Chess Garden CDBG 18.22.1 & 18.23.1
NOTE: This questionnaire constitutes a part of the Proposal, and signature on the signature portion of this Proposal shall constitute signature of this questionnaire.

FED 10 COMPLETE AND SUBMIT WITH BID
90

LIST OF PRINCIPAL OWNERS (at least 51% owned, controlled, or actively managed by noted minority group) Name

CONTRACTOR/SUBCONTRACTOR INFORMATION SHEET
MAIL TO:

Planning and Natural Resources Department
Public Services Building
2700 “M” Street, Suite 250
Bakersfield, California 93301
Contract Number:

Project Name: City of Shafter Library and
Learning Center, Chess Garden
Project Number: CDBG 18.22.1 & 18.23.1
Contractor/Subcontractor Name (Phone #)
Contractor/Subcontractor Address
Street City State Zip Code
Contractor/Subcontractor IRS Employer Number
Minority Contractor Yes No
Ethnic Social Security Percent
Origin/Race Number Ownership
Female Contractor (51% control and ownership) Yes No
Small Business per 13 CFR part 121 Yes No
Type of work contracted: □ Construction □ Supplies □ Services List all Subcontractors and Dollar Amounts: (also submit separate CDA-100 for each listed subcontractor)

1. $

2. $

3. $

4. $

5. $

6. $
Certification
I hereby certify under penalty of law that the information given on this form is accurate and complete.

Name of Signatory Signature Date

FOR COUNTY USE ONLY
Dollar Amount of Contract $ Contract Award Date
CDA 100 COMPLETE AND SUBMIT WITH BID
91

EQUAL EMPLOYMENT OPPORTUNITY 11246 AND DAVIS-BACON ACT COMPLIANCE CERTIFICATION I hereby certify that I will comply with all the provisions of the Equal Opportunity Clause of Executive Order 11246 as amended by Executive Order 11375. Contractor agrees that no person, on the grounds of race, color, religion, national origin, sex or age will be subjected to discrimination under this contract.

As a recipient of a federally-assisted contract, I also hereby certify that I will comply with my obligation to create and/or maintain information regarding minority employment utilization under any and all contracts, whether federally assisted or not, as required by the U.S. Department of Labor, Employment Standards Administration, Office of Federal contract Compliance Programs(OFCCP).

I hereby further certify that I will conform to theDavis-Bacon Act regarding wages, benefits, on-site audits with 48 hours notice, payroll records, submittal of weekly payrolls to the Planning and Natural Resources Department – Community Development Division and/or Other Reviewing County Division/Department and apprentice and trainee employment requirements. I am aware thatthe proper payment of wages to all project employeeswill be reviewed by the County. I understand and agree that any wage underpayments willrequire the payment of back wages due to the affectedemployee(s).

Listed below are the labor classifications and related wage rates proposed by the prime and subcontractor of this project.

Wage Rate
Group No. Basic Fringe
Classification (if any) Hourly Rate Benefit Rate Total Rate (Attach additional sheets, if necessary)
I agree to supply the County of Kern with updates to this listing before I allow any additional labor classifications to be used on this project.

Signed
Contractor/Subcontractor
CD Project Name and Number: City of Shafter Library and Learning Center, Chess Garden CDBG 18.22.1 & 18.23.1
CDA 130 COMPLETE AND SUBMIT WITH BID
92

NON-COLLUSION DECLARATION TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID
California Public Contract Code § 7106
PROJECT TITLE: City of Shafter Library and Learning Center, Chess Garden (CDBG 18.22.1 & 18.23.1) The undersigned declares:

I am the of , the party making the foregoingbid.
(Office of the Affiant) (Name if Bidder)
The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced orsolicited any other bidder to put in a false orsham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.

Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby representsthat he or she has full power to execute, and does execute, this declaration on behalf of thebidder.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on _[date], at _[city], [state].”
By (Signature of Principal)
Typed Name and Title
For (Bidder)
Business Address
NOTE: If Bidder is a partnership or a joint venture, this declaration must be signed and sworn to by every member of the partnership or venture.

NOTE: If Bidder [including any partner or venturer of a partnership or joint venture] is a corporation, this declaration must be signed by the Chairman, President, or Vice President and by the Secretary, Assistant Secretary, Chief Financial Officer, or Assistant Treasurer.

NOTE: If Bidder’s declaration on this form is made outside the State of California, the official position of the person making such declaration shall be certified according to law.

CDA 140 COMPLETE AND SUBMIT WITH BID
93

NON-CONFLICT OF INTEREST CERTIFICATION

1. Kern County's Community Development Block Grant Agreement with the U.S.Department of Housing and Urban Development prohibits any member, officer, or employee of the County or its designees or agents, and any member of the governing body of the locality in which this project is situated, and any other public official ofsuch locality or localities who exercises any functions or responsibilities with respect to the County's Community Development Program or this project during his tenure or for one year thereafter, from having any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, in work to be performed in connection with projects assisted with Community Developmentfunds.

2. Contractor stipulatesthat no public official, as described in the preceding paragraph, has any interest, direct or indirect, in this contract or any subcontract, or the proceeds thereof, in work to be performed in connection with thisproject.

3. Contractor agrees to include or cause to be included the regulations in paragraphs 1. and 2. of this section in every subcontract inconnection with this project.

Contractor/Subcontractor
Street Address
City, State, Zip
Signature
Title
CD Project Name and Number: City of Shafter Library and Learning Center, Chess Garden CDBG 18.22.1 & 18.23.1
CDA 150 COMPLETE AND SUBMIT WITH BID
94

Buy American, Build America Act Certification
(2 CFR § 184)
The Build America, Buy America Act (BABA) requires that all iron, steel, manufactured products, and construction materials used for federally funded infrastructure projects are produced in the United States, unless otherwise exempt or subject to an approved waiver. This requirement is known as the “Buy America Preference (BAP)” and the specific requirements are codified in 2 CFR § 184.

Due to the use of Community Development Block Grant (CDBG) funds for this infrastructure project funded as part of or the FY 2023-2024 Action Plan (AAP), or subsequent to that AAP, the project is subject to BABA, unless there is an applicable waiver. Under BABA, the BAP that applies to CDBG infrastructure projects for the purchase of iron and steel for use in this infrastructure project. For this contract, bidders shall consider this preference when submitting their bids and ensure that sourcing of subject materials complies with this requirement, unless a general waiver is applicable to the project. Only the Director of Kern County Planning and Natural Resources, in compliance with HUD regulations, may determine if a HUD General Waiver of the BAP applies to the project. In the case that a waiver of the BAP is not general in nature but project specific, a waiver must be requested by the grant recipient aka County Planning and Natural Resources Department – Community Development Division.

Simplified Acquisition Threshold (de minimis)
o The project is below the simplified acquisition threshold as it does not exceed HUD funds in the amount of 250k and will not utilize other federal financial assistance from another agency.

HUD may consider the following waivers if submitted by the grant recipient:
o A waiver is in the public interest,
o The types of iron, steel, manufactured products, or construction materials are not produced in the United States in sufficient and reasonably available quantities or satisfactory quality, or o The application of the domestic content preference would increase the cost of the overall project by more than 25 percent.

In addition to BAP preferences for domestic iron and steel, projects that include CDBG funds as part of the FY 2024-2025 AAP, or CDBG funds issued subsequent to that AAP, shall include Specifically Listed Construction Materials (non-ferrous metals; lumber; and plastic- and polymer- based composite building materials, pipe, and tube). Finally, projects that include CDBG funds as part of the FY 2025-2026 AAP, or CDBG funds issued subsequent to that AAP, shall include both BAP for domestic iron and steel, listed construction materials and all non-listed construction materials that may include all other plastic- and polymer-based products, glass, fiber optic cable, optical fiber, engineered wood, and drywall).

The contractor/subcontractor noted below hereby agrees to incorporate and include the BAP provision into all agreements, regardless of the applicability of the phased implementation date. The BAP must be included in all subawards, contracts, and purchase orders for the products supplied to complete the work under a CDBG award.

Type of work contracted: □ Construction □ Supplies □ Services (Check all applicable) __________________________ _________________________
Contractor/Subcontractor Name Signature
CD Project Name and Number: City of Shafter Library and Learning Center, Chess Garden CDBG 18.22.1 & 18.23.1
CDA 160 COMPLETE AND SUBMIT WITH BID
95

CDA 170 COMPLETE AND SUBMIT WITH BID

NONSEGREGATED FACILITIES CERTIFICATE
The contractor certifies that he does not and will not maintain or provide for his employees any segregated facilities at any of his establishments, and that he does not and will not permit his employees to perform their services in any location, under his control, where segregated facilities are maintained. The contractor agrees that a breach of this certification is a violation of the equal opportunity clause in this contract. As used in this certification, the term “segregated facilities” means any waiting room, work areas, restrooms and washrooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, sex or national origin because of habit, local custom, or any other reason.

The contractor agrees that (except where he has obtained identical certifications from proposed subcontractors for specific time periods) he will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the equal opportunity clause, and that he willretain such certificationsin his files.

CD Project Name and Number: City of Shafter Library and Learning Center, Chess Garden CDBG 18.22.1 & 18.23.1
Contractor/Subcontractor
Street Address
City, State, Zip
Dated: By:
(Signature)
Title:
96

CDA 180 COMPLETE AND SUBMIT WITH BID

PERFORMANCE ON PREVIOUS EQUAL EMPLOYMENT OPPORTUNITY SUBJECT

CONTRACTS/SUBCONTRACTS CERTIFICATION
The ( bidder) ( proposed subcontractor), hereby certifies that he ( has) ( has not), participated in a previous contract or subcontract subject to the equal opportunity clause, as required by Executive Orders 10925, 11114, or 11246, and that he ( has) ( has not), filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filing requirements.

Contractor/Subcontractor
Dated: By:
(Signature)
Title:

CD Project Name and Number: City of Shafter Library and Learning Center, Chess Garden CDBG 18.22.1 & 18.23.1
NOTE: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60-1.7(b) (1)), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the equal opportunity clause. Contracts and subcontracts which are exemptfrom the equal opportunity clause are set forth in 41 C.F.R. 60-1.5. (Generally only contracts or subcontracts of $10,000 or under are exempt.)
Currently, Standard Form 100 (EEO-1) is the only report required by the Executive Orders of their implementing regulations.

Proposed prime contractors or subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7(b)(1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U. S.

Department of Labor.
97

CDA 180 COMPLETE AND SUBMIT WITH BID
98

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION - LOWER TIER

COVERED TRANSACTIONS
(Lower Tier refers to the agency or contractor receiving Federal funds, as well as any subcontractors that the agency or contractor enters into contract with using those funds)
As required by Executive Order 12549, Debarment and Suspension, as defined at 44 CFR Part 17, County may not enter into contract with any entity that is debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by the Federal Government from participating in transactions involving Federal funds. Contractor is required to sign the certification below which specifies that neither Contractor nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by the Federal agency. It also certifies that Contractor will not use, directly or indirectly, any of these funds to employ, award contracts to, engage the services of, or fund any contractor that is debarred, suspended, or ineligible under 44 CFR Part 17.

Instruction for Certification

1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below.

2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.

3. The prospective lower tier participant shall provide immediate written notice to the person to whom this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or had become erroneous by reason of changed circumstances.

4. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meaning set out in the Definition and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations.

5. The prospective lower tier participant agrees by submitting this agreement that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR Part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.

6. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment,Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions.

7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from covered transactions, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the List of Parties Excluded from Federal Procurement and Nonprocurement Programs.

8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction originated may pursue available remedies, including suspension and/or debarment.

Certification Regarding Debarment, Suspension, Ineligibility an Voluntary Exclusion - Lower Tier Covered Transactions

1. The prospective lower tier participant certifies, by submission of its proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency.

2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.

Contractor Signature Date
CDA 199 Page 1 of 6

COMPLETE AND SUBMIT WITH BID
99

CDA199 – Instructions - Search for the Vendor with the matching address. 100

Sample Main Page for a found entity.
 Choose Exclusions from the list below
101

Suspensions or Debarment will be listed here
 Whether one is found or none, click the three dots to download the file.  Proof that the Exclusions were checked must be recorded. 102

Download screen will look like the below and includes a timestamp on the file name.
103

If the vendor is not found, the screen will look like the below screen. This must be printed and timestamped to prove a search was completed. 104

CDA-200 (Rev. 3/98)

WITHHELD CONTRACT FUNDS CERTIFICATION
Public Contract Code Section 22300 requires the inclusion in invitations for public agency bids and in Public agency contracts a provision which will, at the expense of the contractor, permit the substitution of securities of equal value for any construction progress monies withheld to ensure performance under a contract. Therefore, as a contractor on Project No. CDBG 18.22.1 & 18.23.1, City of Shafter Library and Learning Center, Chess Garden:
□ I do not intend to substitute securities for monies withheld and thereby avail myself of the process and rights provided in Public Contract Code Section 22300. □ I do intend to exercise my option as specified in Public Contract Code Section 22300 and hereby agree to the following:

1. I will establish an escrow agreement satisfactory to the County, with a state or federally chartered bank, which shall contain at a minimum provisions governing inter alia:
a. The amount of securities to be deposited;
b. The type of securities to be deposited, (eligible securities for deposit are described in Government Code Section 16430);
c. The providing of powers of attorney or other documents necessary for the transfer of the securities deposited;
d. The terms and conditions of conversion to cash to provide funds to meet defaults by the Contractor including, but not limited to termination of the Contractor's control over the work, stop notices filed pursuant to law, assessment of liquidated damages or other amounts to be kept or retained under the provisions of the contract;
e. The decrease in value of securities on deposit; and
f. The termination of the escrow agreement upon completion of the contract and acceptance by the County.

2. I will obtain written consent of the surety to any such agreement; and

3. I will attach to each progress payment submitted a notarized copy of escrow instructions executed by agents thereof and on bank letterhead as proof that such an account has been established. Such instructions will set forth that securities deposited shall not be withdrawn for any purpose (with contractors complete and unreserved agreement) without prior written approval by the County of Kern with respect to the project hereinabove referenced.
__________________________________ _____________________________________ Contractor
__________________________________ _____________________________________ By (Signature) Business Address
__________________________________ _____________________________________ Title Place of Residence
CD Project Name and Number: City of Shafter Library and Learning Center, Chess Garden CDBG 18.22.1 & 18.23.1
- PLEASE SUBMIT WITH BID -
105

SB-241
G:\Shafter City of- 3846\384625001-CDBG Bid Package\200 Technical\290 Specifications\Shafter Library\B. 09. SB-241 - Plan for Small Business and Woman Business Enterprise Utilization.doc

PLAN FOR SMALL BUSINESS AND WOMAN BUSINESS ENTERPRISE UTILIZATION

CONTRACTOR/
CONSULTANT:

CONTRACT NAME: City of Shafter Library and Learning
Center, Chess Garden
CONTRACT NO.: CDBG 18.22.1 & 18.23.1
The following information must be included with each contract bid submission. Failure to submit this plan as required may make a bid nonresponsive. This plan must be accompanied by a completed "Small Business and Woman Business Enterprise Questionnaire" for each small business which is not currently certified and appearing in the County’s SB Directory. List all firms and note which are SB and/or WBE.

Name
of Firm
Cert.

Y/N
Description
of Work
Contract
Item SB WBE Dollar Amt.of Contract
Total Sub Bid Amount $
(attach additional pages if necessary)
Calculation Goal
Achieved
Goal
Assigned
Person Completing
This Plan

1. Small Business $ = % = 10 %
Total Sub Bid Amount $ Name

2. Small Business
(Woman Owned) $ = % = 4 %
Total Sub Bid Amount $ Title

3. SB Total (1 + 2) $ = % = 14 % Phone#:

Total Sub Bid Amount $
Date:

COMPLETE AND SUBMIT WITH BID
106

SB-242
LIST OF NECESSARY AFFIRMATIVE STEPS TAKEN TO INVOLVE SMALL BUSINESSES (SBs) CD Activity Number: CDBG 18.22.1 & 18.23.1 Contract Number: ___________ Name of Project: City of Shafter Library and Learning Center, Chess Garden Name of Contractor/Consultant ______________________________ Name of Person Completing This Report _________________________________ a. Please list the SB firms you contacted for this project:

Name of Firm Person Contacted Date of
Contact
How Contact Made
(Mail/Phone/Fax/In
Person)
Result of Contact:
(Bid received/No Bid Received/Other)
b. Please list the responses, proposals, or bids you received from SBs and your response to each:

SB Firm Submitting Response/Bid/Proposal
Contractor’s Response to Bid
(Bid Accepted - Used in Project Bid OR Bid Rejected - Reason for Rejection) c. Did your firm send out correspondence to groups and individual SBs about this project? (Check one) 107

SB-242
G:\Shafter City of- 3846\384625001-CDBG Bid Package\200 Technical\290 Specifications\Shafter Library\B. 10. SB-242 - List of Affirmative Steps Taken.doc [ ] Yes (please attach copies of correspondence)
[ ] No (please briefly indicate in the space below why not) d. Please indicate the name(s) of the small contractor associations, small business development centers or any other agency serving SBs that you contacted in order to make these firms aware of this project.

Name of Agency Contacted Person Contacted Date of Contact e. Please briefly describe the specific efforts your firm took to encourage subcontractors to use SBs on this project. (If no such efforts were made, please indicate "None," and explain why no efforts were made.) ___________________________________________________________ Contractor/Consultant Signature

COMPLETE AND SUBMIT WITH BID
108

CDA-243 (Rev. 09/2020)
G:\Shafter City of- 3846\384625001-CDBG Bid Package\200 Technical\290 Specifications\Shafter Library\B. 11. CDA-243 - Certification Regarding Lobbying.doc

CERTIFICATION REGARDING LOBBYING
The undersigned certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, 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.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Of Lobbying Activities", in accordance with its instructions, which is enclosed hereto as Exhibit "L".
(3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

Date Contractor/Subcontractor
Signature
Title
CD Project Name and Number: City of Shafter Library and Learning Center, Chess Garden CDBG 18.22.1 & 18.23.1
109

CDA-243 (Rev. 09/2020)
G:\Shafter City of- 3846\384625001-CDBG Bid Package\200 Technical\290 Specifications\Shafter Library\B. 11. CDA-243 - Certification Regarding Lobbying.doc

COMPLETE AND SUBMIT WITH BID
110

County of Kern
Planning and Natural Resources
Department
Community Development Division
SECTION 3 COMPLIANCE INSTRUCTIONS
Applicable to Projects Receiving
Community Development Block Grant
Funding of at Least $200,000
This information is provided to contractors and
subcontractors bidding on Section 3 applicable
projects.

Section 3:

Providing Economic Opportunities
for Low-Income and Very LowIncome Persons
111

TABLE OF CONTENTS
Section Content Page
Definitions A Brief Description of Terms 3
How to Apply
Section 3
When Section 3 Applies & Its
Objectives
4 Numerical Goals Hourly Goals to Reach for Compliance 6 Steps to Compliance Step-by-Step Instructions 6
Selection Priority How to Prioritize Preference 8
for Section 3 Workers & Contractors
Compliance Methods Ways to Comply 9

SUMMARY OF ATTACHMENTS
Contractor
Form # Content To Submit?
SEC3-100 Certificate of Commitment Yes
SEC3-105 Section 3 Clause Certification Yes
SEC3-110 Section 3 Intents to Hire Yes
SEC3-120 Section 3 Resident/Worker Certification Yes
SEC3-130 Section 3 Business Concern Certification Yes
SEC3-140 Monthly Section 3 Report Yes
Exhibit A Sample Ad for Section 3 Workers No
Sample Ad for Section 3 Business Concerns No
Exhibit B Sample Ad for Sec 3 Workers and Business Concerns No Exhibit C Resident/Section 3 Workers Family Income Limits No Exhibit D Map of Service Area No
Exhibit E Section 3 Clause No
Exhibit F Section 3 Business Concern Directory No
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DEFINITIONS
These definitions are provided to help you understand Section 3 intent and procedures.

Contractor - this means either the prime contractor or a subcontractor, unless otherwise noted Employment Opportunities - this means all jobs created by Section 3 covered projects Metropolitan Area - this means the County of Kern
Section 3 Worker - Is a worker who currently fits, or when hired within the past five years fit, at least one of the following categories:
(1) Is a low- or very low-Income worker that fell below HUD income limits for the previous or annualized calendar year. Low- and very-low-household income limits may be obtained from: http://www.huduser.org/portal/datasets/il.html; or (2) The worker employed by a Section 3 business concern. (see Section 3 Business Concern)
(3) The worker is a YouthBuild participant. (YouthBuild is a community-based preapprenticeship program administered by the U.S. Department of Labor that provides job training and educational opportunities for at-risk youth ages 16-24 who have previously dropped out of high school.)
A worker may qualify as a Section 3 worker through one of the following certifications, in accordance with 24 CFR 75.31:

1. A worker’s self-certification that their income is below HUD’s income limit from the prior calendar year.

2. A worker’s self-certification of participation in a means-tested program such as public housing or Section 8-assisted housing.

3. Certification from a public housing authority (PHA), or an owner or property manager of project-based Section 8-assisted housing, or an administrator of tenant-based Section 8-assisted housing that the worker is a participant in one of their programs.

4. An employer’s certification that a worker’s income from that employer is below HUD’s income limit when based on an employer’s calculation of what the worker’s wage rate would translate to if annualized on a full-time basis.

5. An employer’s certification that the worker is employed by a Section 3 business concern.

Targeted Section 3 Worker – This is a worker who:
(1) A worker employed by a Section 3 business concern (defined below), or (2) Currently fits or when hired fit at least one of the following categories, as documented within the past five years:
a. Living within the service area or the neighborhood of the project (defined below). b. A YouthBuild participant. (YouthBuild is a community-based pre-apprenticeship program administered by the U.S. Department of Labor that provides job training and educational opportunities for at-risk youth ages 16-24 who have previously dropped out of high school.)
The regulation defines the service area or the neighborhood of the project in 24 CFR 75.5 as “an area within one mile of the Section 3 project or, if fewer than 5,000 people live within one mile of a Section 3 project, within a circle centered on the Section 3 project that is sufficient to encompass a population of 5,000 people according to the most recent U.S. Census.”
For a worker to qualify as a Targeted Section 3 worker under housing and community development assisted Section 3 projects (pursuant to 24 CFR 75 Subpart C), source documentation must be maintained that the worker meets the definition of a Section 3 worker and at least one of the following (per 24 CFR 75.31(b)(2)(ii)):
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1. An employer’s confirmation that a worker’s residence is within one mile of the work site or, if fewer than 5,000 people live within one mile of a work site, within a circle centered on the work site that is sufficient to encompass a population of 5,000 people according to the most recent U.S. Census,

2. An employer’s certification that the worker is employed by a Section 3 business concern, or

3. A worker’s self-certification that the worker is a YouthBuild participant.

Section 3 Business Concern - This means a business that meets at least one of the following criteria, documented within the last six-month period:
(1) The business is at least 51% owned and controlled by low- or very low-income persons; (2) The business is at least 51% owned and controlled by residents who currently live in public housing or Section 8-assisted housing; or
(3) Over 75% of the labor hours performed for the business over the prior three-month period were performed by Section 3 workers.

HUD’s Section 3 Business Registry is a searchable online database of firms that have self-certified that they meet one of the regulatory definitions of a Section 3 business concern. Agencies that receive HUD funds, developers, contractors, and others can use this registry to facilitate the award of certain HUD-funded contracts. While the Department maintains the Business Registry database, it has not verified the information submitted by the businesses and does not endorse the services they provide. Accordingly, contractors selecting these firms must notify the County in order to verify that each business meets the definition of a Section 3 business concern before awarding contracts to any firm that has self-certified on this registry.

Section 3 Covered Contract - This means a contract or subcontract created by Section 3 covered funding, or for work arising because of the project. It doesn’t include contracts for the purchase of supplies and materials, unless the contract includes the installation of the materials.

Service Area - This refers to the geographical area in which persons benefiting from this Section 3 covered project live. The service area may extend to include an area within one mile of the defined project service area.

HOW TO APPLY SECTION 3: WHAT’S IT ALL ABOUT?
What is Section 3? Section 3 is a federal law managed by the U.S. Department of Housing and Urban Development (HUD). The purpose of Section 3 is to ensure that, to the greatest extent feasible, employment and other economic opportunities generated by HUD financial assistance for housing and community development programs are directed toward low- and very low-income persons, particularly those who are recipients of government assistance for housing, and to business concerns which provide economic opportunities to low and very low-income persons. All subrecipients, developers, contractors and subcontractors on Section 3 projects must demonstrate good faith efforts to comply with Section 3 regulations found at 24 CFR Part 75 and County of Kern Section 3 policy and procedures.

Professional Service vendors defined in 24 CFR 75.5 as “non-construction services that require an advanced degree or professional licensing, including, but not limited to, contracts for legal services, financial consulting, accounting services, environmental assessment, architectural services, and civil engineering services, are not required to report work hours. However, the vendors may on a volunteer basis, report those Section 3 hours worked by qualified Section 3 workers in order to received credit for those Section 3 workers who perform services on the job. By structuring the requirements in this way, the regulation incentivizes grantees and contractors to hire Section 3 or Targeted Section 3 workers for professional services jobs without creating undue burden if qualified Section 3 workers are not available to fill these roles.

Funding Thresholds The regulation establishes a funding applicability threshold of $200,000 for housing rehabilitation, housing construction and other public construction (I.e., public facilities and improvements) projects assisted with housing and community development financial assistance.

Section 3 requirements apply to the entire project, not just the HUD-financed portion. If a Section 3 covered project receives assistance of more than $200,000 of HUD funding, then Section 3 applies to all employment and training opportunities and contracts for work arising in connection with the project including non-HUD 114

financed efforts.

Under Part 24 CFR Part 75, Section 3 focus is on Sustainable employment for low and very low-income people. Under new rules for 24 CFR Part 75, the rules are intended to recognize the greater value of a permanent job, rather that require temporarily employment, by focusing on labor hours instead of new hires creating an incentive for employers to invest in and retain their newly hired low-income workers.

Section 3 vs. MBE/WBE
Don’t confuse Section 3 regulations with the Minority Business Enterprise/Woman Business Enterprise (MBE/WBE) requirements. Section 3 is intended to provide economic opportunities for low and very lowincomer persons. Under MBE/WBE, preference is given to women and minorities owned businesses no matter what they may earn.
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NUMERICAL GOALS OF SECTION 3
You can comply with the Section 3 by meeting the following minimum (meaning you can’t do less) goals:

In accordance with 24 CFR 75.25(a), the following labor hours must be reported (including total hours worked by all contractors and subcontractors) for Section 3 projects:

1. The total number of labor hours worked by all workers,

2. The total number of labor hours worked by Section 3 Workers, and

3. The total number of labor hours worked by Targeted Section 3 Workers.

If the project does not require time and attendance reporting, grantees may report to HUD using a good faith assessment. Grantees can report their own labor hours or that of a subrecipient, contractor or subcontractor based on the employer’s good faith assessment of the labor hours of a full-time or part-time employee, informed by the employer’s existing salary or time and attendance-based payroll systems.

1. All Labor hours must be tracked and at a minimum meet Section 3 Labor Hours/Total Labor Hours = 25% for Section 3 Workers;

2. Additionally, at least 5% of the total hours worked on the job must be performed by Targeted Section 3 Workers
If you meet both these minimum goals, we will consider you to be in compliance unless evidence to the contrary is brought to our attention.

The Planning and Natural Resources Department – Community Development Division will monitor for compliance with Section 3 regulations. Any contractor that has not met these goals must supply evidence as to why it was not possible to meet the goals and demonstrate Qualitative Efforts (See Compliance Methods Section) made to meet the goals. Your explanation must include information about what you did to try to meet these goals, as well as any problems you encountered.

STEPS TO COMPLIANCE FOR ALL CONTRACTORS
What to Do to Get Your Bid Ready:

1. Complete form SEC3-100 and SEC3-105. This is your promise to comply with Section 3 requirements.

2. Allow 4 weeks to advertise for workers to meet Section 3 benchmarks. A sample ad is attached. If thresholds are nor bet after advertising skip to (B) below.

A. Will 25% of the hours worked be performed by Section 3 Workers? All Section 3 employees working on the project must complete form SEC3-120. Will 5% of the hours worked be performed by Targeted Section 3 workers? In addition, all Targeted Section 3 Workers must complete form Sec 3-120b.

If labor benchmarks have been met skip to #3 below. If not, follow the compliance methods listed on page 8 in order to find qualified Section 3 workers and/or targeted workers so that benchmarks for work to be performed can be met. Use the Selection Priority criteria on page 6 to guide your selection. Be sure to completely document what you do to meet this goal. Complete side 2 of form SEC3-110 as part of this documentation.
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B. If not, your bid should include written documentation that shows your efforts to comply, including copies of ads placed, records of phone calls, faxes, etc.

3. SUBCONTRACTING – Does your project include Section 3 Business Concerns? If yes, complete the FOR SUBCONTRACTORS portion of form SEC3-110 and a form SEC3-130 for each Section 3 Business Concern as part of this documentation.

NOTE: Exhibit E must be included in all contracts and subcontracts. Use the Selection Priority criteria on p. 7 to guide your selection.

A. Were you able to meet the Section 3 benchmarks? If yes, skip to #4 below. If not, your bid should include detailed written documentation which shows your efforts to comply, including copies of ads placed, records of phone calls, faxes sent, etc.

4. Be sure that all appropriate documentation is included with your bid, including forms SEC3-100, SEC3-105, SEC3-110, as well as forms SEC3-120 and SEC3-130, if applicable. Submit your bid package by the required date.

If You Are Awarded the Contract (Prime Contractor Only):

After an award is made and following the commencement of construction a Form SEC3-140 must be completed and submitted to the Planning and Community Development Dept. on a monthly basis by the Prime Contractor for the employees of the Prime and all Subcontractors until the project is complete. This information is necessary for annual reporting requirements for the federal government. Submission of all required SEC3-140 monthly forms is required before any final retention is paid.
* A Note About Advertising
Sample advertisements are attached for those contractors looking for either new hires or subcontractors, as well as for those seeking both. The County requires advertising once weekly for four consecutive weeks in publications of general circulation. Subcontractors may utilize data and advertising responses gathered by their prime contractor, but only if it makes sense to use it for the type of work they have subcontracted to do.
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SELECTION PRIORITY
Selection Priority for Section 3 Workers
If you have more qualified Section 3 applicants than you need to fill a position, this is how you set up a priority:
(1) Section 3 Workers who live in the service area or neighborhood in which the project is located (see Exhibit D for map showing the service area or neighborhood for this Section 3 covered project) or are YouthBuild participants should receive first priority in hiring; (2) people who receive government assistance for housing, including certificates or vouchers under the Section 8 housing assistance program, within the service area or neighborhood where the project is located.

NOTE: Use form SEC3-120 to get certification from Section 3 Residents who are asking for special hiring treatment.

You may ask for other evidence of eligibility (for example, a receipt of public assistance) if you have any reason to question the certification you are given. Nothing in Section 3 is meant to imply that you must hire a Section 3 Worker or Targeted Worker who does not meet the qualifications of the job.

Subcontractor Selection Priority for Section 3 Firms
As to contracting, the regulations states the following:
(1) To the greatest extent feasible, and consistent with existing Federal, state, and local laws and regulations, recipients covered by this subpart shall ensure contracts for work awarded in connection with Section 3 projects are provided to business concerns that provide economic opportunities to Section 3 workers residing within the metropolitan area (or nonmetropolitan county) in which the project is located. (2) Where feasible, priority for contracting opportunities described in or work awarded in connection with Section 3 projects are provided to business concerns that provide economic opportunities to Section 3 workers residing within the metropolitan area (or nonmetropolitan county) in which the project is located should be given to:
i. Section 3 business concerns that provide economic opportunities to Section 3 workers residing within the service area or the neighborhood of the project, and ii. YouthBuild programs.

The order of priority contractors should follow when hiring Section 3 firms is as follows:
(1) Section 3 firms that provide jobs for Section 3 Workers in the service area or neighborhood in which the Section 3 covered project is located, and
(2) other Section 3 firms
No matter what firm(s) you hire to do the work that firm must be qualified and able to do the work successfully.

NOTE: Form SEC3-130 will be used by contractors to get certification from Section 3 firms seeking the preference in contract awards. You may request other evidence of eligibility if you have any reason to question the certification you are given.

Labor Union Relationships and Section 3
Some contracting firms choose to enter into business agreements with labor unions. These agreements may sometimes appear to be inconsistent with Section 3 requirements. However, it is important to note that labor union agreements do not take precedence over laws established by the federal government of the United States. In other words, it would not be correct for labor unions to suggest that their signatories not comply with federal regulations when such regulations are incompatible with the terms of the unionsignatory agreement. 118

COMPLIANCE METHODS
The following is a list of things you must do, to the greatest extent feasible, to comply with Section 3 requirements for both hiring employees and choosing businesses with which to contract:

Qualitative Efforts - Offering Training and Employment Opportunities to Section 3 Workers (1) Outreach efforts to generate job applicants who are Public Housing Targeted Workers. (2) Outreach efforts to generate job applicants who are Other Funding Targeted Workers. (3) Direct, on-the job training (including apprenticeships). (4) Indirect training such as arranging for, contracting for, or paying tuition for, off-site training. (5) Technical training such as arranging for, contracting for, or paying tuition for, off-site training. (6) Outreach efforts to identify and secure bids from Section 3 business concerns. (7) Technical assistance to help Section 3 business concerns understand and bid on contracts. (8) Division of contracts into smaller jobs to facilitate participation by Section 3 business concerns. (9) Provided or connected residents with assistance in seeking employment, including drafting resumes, preparing for interviews, finding job opportunities, connecting residents to job placement services. (10) Held one or more job fairs targeting Section 3 workers. (11) Provided or connected residents with supportive services that can provide direct services or referrals. (12) Provided or connected residents with supportive services that provide one or more of the following:
work readiness health screenings, interview clothing, uniforms, test fees, transportation. (13) Assisted residents with finding childcare.
(14) Assisted residents to apply for/or attend community college or a four-year educational institution. (15) Assisted residents to apply for or attend vocational/technical training. (16) Assisted residents to obtain financial literacy training and/or coaching. (17) Bonding assistance, guaranties, or other efforts to support viable bids from Section 3 business concerns.
(18) Provided or connected residents with training on computer use or online technologies. (19) Other. Specify: _________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ Other efforts may include but are not necessarily limited to:

Consulting with State and local agencies administering training programs - Programs funded through YouthBuild, Employers Training Resource (ETR), County of Kern Department of Human Services, Job Corps, Employment Development Department (EDD) of the State of California, Department of Rehabilitation, probation and parole agencies, unemployment compensation programs, community organizations and other officials or organizations to assist with recruiting Section 3 Workers for a contractor's or subcontractor's training and employment positions.

Applicant Outreach –
 Engage in outreach efforts to generate job applicants who are Targeted Section 3 workers, including posting job openings at the job site, HUD Opportunity Portal, social media pages, and other platforms.
 Clearly indicate Section 3 eligibility on all job postings, notifications, and advertisements with the following statement: “This is a Section 3 eligible job opportunity. We encourage applications from individuals that are low-income, live in public housing, and/or receive a Section 8 voucher.”
 Include the Section 3 Worker Self-Certification form in all job postings. 119

Business Concern Outreach –
 Engage in outreach efforts to identify and secure bids from Section 3 businesses by advertising notices of contracting opportunities and related information on the HUD Opportunity Portal and local community papers.
 Provide written notice to all known Section 3 business concerns, with sufficient time for interested businesses to respond to bid invitations.
 Send notice of contracting opportunities to local community development organizations, business development organizations, or minority contracting associations.  State clearly in all notices that the contracting opportunity is Section 3 eligible, and include a copy of the Section 3 Business Concern Certification form.

Competition Assistance – Provide technical assistance to help Section 3 business concerns understand and bid on contracts.

Business Registries – Promote use of the HUD Opportunity Portal or other business registries designed to create opportunities for disadvantaged and small businesses.

Advertising the jobs to be filled through the local media (sample ads are attached). Allow 4 weeks advertising time.

Employing a job coordinator, or contracting with a business concern that is licensed in the field of job placement (preferably a Section 3 Business Concern) that will make efforts to match eligible and qualified Section 3 workers with the training and employment positions that the contractor intends to fill.

Advertising by distributing flyers (which identify the positions to be filled, the qualifications required, and where to get more information about applying) to assisted housing developments where Section 3 Workers may live.

Entering into "first source" hiring agreements with organizations representing Section 3 Workers.

Contacting resident council, resident management corporations, or other resident organizations, where they exist, in the assisted housing developments where Section 3 workers live to request the help of those organizations in notifying residents of the training and jobs to be filled.

Sponsoring a job informational meeting to be conducted at a location in the housing developments where Section 3 workers live or in the neighborhood or service area of the Section 3 covered project.

Arranging help in conducting job interviews and completing job applications for residents of the housing developments where Section 3 workers live, and in the neighborhood or service area in which a Section 3 project is located.

Arranging for a location in the housing developments where Section 3 workers live, or the neighborhood or service area of the project, where job applications may be delivered and collected or where job interviews can be conducted.

Where there are more qualified Section 3 workers than there are positions to be filled, maintaining a file of eligible qualified Section 3 worker for future employment positions.

Undertaking such continued job training efforts as may be necessary to ensure the continued employment of Section 3 workers previously hired for employment opportunities 120

Efforts to Award Contracts to Section 3 Business Concerns (1) In determining the responsibility of potential subcontractors, consider their record of Section 3 compliance as evidenced by past actions and their current plans for the pending subcontract. (2) Contacting business assistance and community organizations, and minority contractor associations to inform them of contracting opportunities and request their help in identifying Section 3 businesses that may solicit bids or proposals for contracts for work. (3) Providing written notice to all known Section 3 firms of the contracting opportunities. This notice should be in enough time to allow these firms to respond to the bid invitations or request for proposals. (4) Following up with Section 3 firms that have expressed interest in the contracting opportunities by contacting them to provide additional information.
(5) Coordinating pre-bid meetings at which Section 3 firms can be informed of upcoming contracting and subcontracting opportunities.
(6) Advising Section 3 firms about where they may get help with overcoming limitations such as inability to obtain bonding, lines of credit, financing, or insurance. (7) Arranging solicitations, times for presentations of subcontract bids, quantities, specifications, and delivery schedules in ways to facilitate the participation of Section 3 Businesses. (8) Where appropriate, breaking out subcontract work items into economically feasible units to facilitate participation by Section 3 Businesses.
(9) Advertising subcontracting opportunities through trade association papers and newsletters, and through other local media, such as newspapers of general circulation (allow 4 weeks for advertising). (10) Developing a list of eligible Section 3 Businesses.

Providing Other Economic Opportunities
Contractors and subcontractors are encouraged to undertake efforts to provide to low income persons economic opportunities other than training, employment, and contract awards in connection with Section 3 covered assistance.

For Increasing Participation of Section 3 Workers: This includes, but need not be limited to, use of trainee positions to fill vacancies and hiring qualified Section 3 Workers in part-time positions that may lead to longterm employment opportunities.

For Subcontracting: Such opportunities include, but are not limited to, the formation of Section 3 joint ventures, financial support for affiliating with franchise development, use of labor only contracts for building trades, and purchase of supplies and materials from Housing Authority resident-owned businesses.

IMPLEMENTATION MEASURES TO AVOID COMPLIANCE RELATED ISSUES It is the responsibility of the Prime Contractor to ensure that the work hours performed under a covered contract are properly documented. When any new workers are hired on the job, the worker must complete the required Sec 3-120 form documentation as soon as possible, as this information could be difficult to obtain after the fact.

For any workers that self-certify as being Section-3 workers, any work hours performed by those employees should be documented as Section-3 hours by both the Prime and any Subcontractors performing work on the site. For any existing workers on Section-3 covered contracts, including those under subcontractors, related documentation, including the Section 3-120 forms, must be completed as part of the bid process. If a Section 3-120 form has not yet been completed for any qualified existing employees, that information should be completed and submitted as part of the bid award process. After any award, where the qualification status of any existing worker had not previously been determined, the Section 3-120 form should be completed as soon as possible and any documentation revised including but not limited to related monthly reporting on Sec 3-140 forms for the covered work periods.
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Exhibit A
NOTICE TO POTENTIAL SECTION 3 WOKERS AND TARGETED SECTION 3

WORKERS
The is seeking qualified workers who qualify as Section 3 Workers in connection with the HUD-funded City of Shafter Library and Learning Center, Chess Garden (CDBG

18.22.1 & 18.23.1) project to be located in the County of Kern.

Interested persons may request an application from________________________________________________ The general contractor is seeking qualified individuals in compliance with Section 3 of the HUD Act of 1968.

Section 3 objectives are to ensure that employment and other economic opportunities generated by this project, shall, to the greatest extent feasible, and consistent with existing Federal, State and local laws and regulations, be directed to Section 3 Workers.

A Section 3 Worker is:
(1) Is a low- or very low-Income worker that fell below HUD income limits for the previous or annualized calendar year. Low- and very-low-household income limits may be obtained from:
http://www.huduser.org/portal/datasets/il.html; or
(2) The worker employed by a Section 3 business concern. (see Section 3 Business Concern) (3) The worker is a YouthBuild participant. (YouthBuild is a community-based pre-apprenticeship program administered by the U.S. Department of Labor that provides job training and educational opportunities for atrisk youth ages 16-24 who have previously dropped out of high school.) Targeted Section 3 Worker – This is a worker who:
(1) A worker employed by a Section 3 business concern (defined below), or (2) Currently fits or when hired fit at least one of the following categories, as documented within the past five years:
a. Living within the service area or the neighborhood of the project (defined below). b. A YouthBuild participant. (YouthBuild is a community-based pre-apprenticeship program administered by the U.S. Department of Labor that provides job training and educational opportunities for at-risk youth ages 16-24 who have previously dropped out of high school.) Hiring is anticipated for the following trades:

NOTICE TO SUBCONTRACTORS & MATERIAL SUPPLIERS
The is actively soliciting bids from prospective subcontractors or materials suppliers whose businesses that qualify as Section 3 Business Concerns. Bids from prospective subcontractors or material suppliers are sought in connection with the project to be located in the County of Kern and
funded by HUD.

Interested Section 3 Business Concerns may leave their firm’s names and addresses with until (Date) Time).

A Section 3 Business Concern is a business:
(1) that is 51% or more owned and controlled by low- or very low-income persons; or (2) The business is at least 51% owned and controlled by residents who currently live in public housing or Section 8-assisted housing; or
(3) Over 75% of the labor hours performed for the business over the prior three-month period were performed by Section 3 workers.

Subcontracts may be let for the following categories of work on this project:
_______________________________________________________________________________________ SEC3PLAN.EXB Page 1 of
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Exhibit B

NOTICE TO SUBCONTRACTORS,

MATERIAL SUPPLIERS AND WORKERS
The is actively soliciting bids from prospective subcontractors or materials suppliers whose businesses qualify as Section 3 Business Concerns, as well as individuals who qualify as Section 3 Workers or Section 3 Targeted Workers in connection with the City of Shafter Library and Learning Center, Chess Garden (CDBG 18.22.1 & 18.23.1) project to be located in the County of Kern and funded by the HUD.

Qualified individuals and firms may contact
until (Date)
(Time).

A Section 3 Business Concern is a business:
(1) that is 51% or more owned and controlled by low- or very low-income persons; or (2) The business is at least 51% owned and controlled by residents who currently live in public housing or Section 8-assisted housing; or
(3) Over 75% of the labor hours performed for the business over the prior three-month period were performed by Section 3 workers.

A Section 3 Worker is:
(1) Is a low- or very low-Income worker that fell below HUD income limits for the previous or annualized calendar year. Low- and very-low-household income limits may be obtained from: http://www.huduser.org/portal/datasets/il.html or through the County of Kern Planning and Natural Resource Department Community Development Division; or (2) The worker employed by a Section 3 business concern. (see Section 3 Business Concern). (3) The worker is a YouthBuild participant. (YouthBuild is a community-based preapprenticeship program administered by the U.S. Department of Labor that provides job training and educational opportunities for at-risk youth ages 16-24 who have previously dropped out of high school.)
A Section 3 Targeted Worker is:
(1) A worker employed by a Section 3 business concern (defined below), or (2) A worker who currently fits or when hired fit at least one of the following categories, as documented within the past five years:
a. Living within the service area or the neighborhood of the project (defined below). b. A YouthBuild participant.

Hiring is anticipated for the following trades:

Subcontracts may be let for the following categories of work on this project.

SEC3PLAN.EXB Page 1 of 1
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Exhibit C
SECTION 3 WORKER/RESIDENT FAMILY INCOME LIMITS
Bakersfield and Kern County
Metropolitan Statistical Area
FY 2025
1 Person 2 Person 3 Person 4 Person 5 Person 6 Person 7 Person 8 Person Low Income $ 52,600 $60,100 $67,600 $75,100 $81,150 $87,150 $93,150 $99,150 Very Low
Income $ 32,900 $37,600 $42,300 $46,950 $50,750 $54,500 $58,250 $62,000 SEC3PLAN.EXB Page 1 of 1
124

Exhibit D
County of Kern
Planning and Natural Resources Department
Project Name and Number: City of Shafter Library and Learning Center, Chess Garden CDBG 18.22.1 & 18.23.1
Service Area or Neighborhood Designation for Project:

SEC3PLAN.EXB Page 1 of 1
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Exhibit E
Section 3 Clause Certification for Contractors and Subcontractors Section 3 Workers and Section 3 Business Concerns
All section 3 covered contracts shall include the following clause (referred to as the section 3 clause):

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. 1701u (Section 3). The purpose of Section 3 is to ensure that the 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 in the project area.

The parties to this contract agree to comply with HUD's regulations in 24 CFR part 75, 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 75 regulations.

The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference; job titles subject to hire; availability of apprenticeship and training positions; the qualifications for each; the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin.

The contractor agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 75 and agrees to take appropriate action, as provided in an applicable provision of the subcontractor in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 75. 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 CFR part 75.

The contractor will certify that any vacant employment positions, including training positions, that are filled: 1) after the contractor is selected but before the contract is executed; and 2) with persons other than those to whom the regulations of 24 CFR part 75 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR part 75.

Noncompliance with HUD's regulations in 24 CFR part 75 may result in sanctions, termination of this contract for default and debarment or suspension from future HUD assisted contracts.

SEC3PLAN.EXB
126

SEC3-100 (Rev. 09/22)
G:\Shafter City of- 3846\384625001-CDBG Bid Package\200 Technical\290 Specifications\Shafter Library\C.13 Sec 3 Form 100.doc

CERTIFICATION OF COMMITMENT FOR CONTRACTORS & SUBCONTRACTORS (Where HUD funding is $200,000 or more)
County of Kern
Planning and Natural Resources Department
Project Name and Number: City of Shafter Library and Learning Center, Chess Garden CDBG 18.22.1 & 18.23.1
This certification is freely given by the undersigned as a demonstration of compliance with the requirement that a commitment be made by contractors and their subcontractors on federally assisted HUD Community Development projects to which Section 3 of the Housing and Urban Development Act of 1968 applies to ensure that employment and other economic opportunities generated by or on this project shall, to the greatest extent feasible and consistent with existing Federal. State and local laws and regulations, be directed to low- and very low-income persons.

The specific commitment engendered by this certification is that (to the greatest extent feasible) the undersigned will make efforts to achieve HUD benchmarks for compliance. Current HUD benchmarks include:

1. Providing that twenty-five (25) percent or more of the total number of labor hours worked by all workers on a Section 3 project are done by Section 3 Workers (the definition of Section 3 workers can be found in the Section 3 plan included in the project specifications), and;

2. Providing that five (5) percent or more the total number of labor hours worked by all workers on a Section 3 project are done by Targeted Section 3 workers.

In furtherance of these objectives, the contractor and subcontractors shall (to the greatest extent feasible) seek to award contracting opportunities to Section 3 Business Concerns for building trades work arising in connection with housing rehabilitation, housing construction and other public construction. In order to create a contracting priority for businesses that provide economic opportunities for low- and very low-income workers, the regulation considers labor hours worked by Section 3 business concern employees to count towards benchmarks for both Section 3 workers and Targeted Section 3 workers.

If current HUD benchmarks have not been met, the contractor and subcontractors agree to provide evidence, to the satisfaction of the County of Kern Planning and Natural Resource Department that qualitative efforts were made to reach these benchmarks. A list of qualifying qualitative efforts to demonstrate compliance with Section 3 can be found in the County of Kern Section 3 Plan included in the project specifications. This includes the prime contractor providing monthly Section 3 reports to County in order to evaluate Compliance during implementation of the project.

It is understood that the undersigned gives this certification as an inducement for acknowledgment that the undersigned will comply with Section 3 and is therefore responsive in this regard to the project bid specification of which this Attachment is made part. Noncompliance with Section 3 regulations may result in sanctions, termination for default of the contract that this certification is made part, debarment or suspension from future HUD assisted contracts and initiation of action under federal or state laws concerning false statements.

The undersigned swears that the foregoing statements are true and correct. Further, the undersigned agrees to provide current, complete and accurate information regarding actual employment and/or training provided to Section 3 Residents and contract or subcontract awards made to Section 3 Business Concerns and to permit the audit and examination of books, records, and files of the undersigned regarding such Residents and Concerns. 127

SEC3-100 (Rev. 09/22)
G:\Shafter City of- 3846\384625001-CDBG Bid Package\200 Technical\290 Specifications\Shafter Library\C.13 Sec 3 Form 100.doc Date Contractor/Subcontractor
Signature
Title
Company Name

COMPLETE AND SUBMIT WITH BID
128

SEC3-105 (Rev. 09/22)
https://us-partner-integrations.egnyte.com/msoffice/wopi/files/84837e8e-cb54-42a4-a2f4- 5b608dab33df/WOPIServiceId_TP_EGNYTE_PLUS/WOPIUserId_324.ppeng.egnyte.com/C.14 Sec 3 Form 105.docx SECTION 3 CLAUSE CERTIFICATION FOR CONTRACTORS AND SUBCONTRACTORS (Where HUD funding is $200,000 or more)
County of Kern
Planning and Natural Resources Department
Project Name and Number: City of Shafter Library and Learning Center, Chess Garden CDBG 18.22.1 & 18.23.1
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. 1701u (Section 3). The purpose of Section 3 is to ensure that the employment and other economic opportunities generated by HUD assistance or HUDassisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low - and very low-income persons in the project area.

The parties to this contract agree to comply with HUD's regulations in 24 CFR part 75, 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 75 regulations.

The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference; job titles subject to hire; availability of apprenticeship and training positions; the qualifications for each; the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin.

The contractor agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 75 and agrees to take appropriate action, as provided in an applicable provision of the subcontractor in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 75. 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 CFR part 75.

The contractor will certify that any vacant employment positions, including training positions, that are filled: 1) after the contractor is selected but before the contract is executed; and 2) with persons other than those to whom the regulations of 24 CFR part 75 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR part 75.

Noncompliance with HUD's regulations in 24 CFR part 75 may result in sanctions, termination of this contract for default and debarment or suspension from future HUD assisted contracts. 129

SEC3-105 (Rev. 09/22)
https://us-partner-integrations.egnyte.com/msoffice/wopi/files/84837e8e-cb54-42a4-a2f4- 5b608dab33df/WOPIServiceId_TP_EGNYTE_PLUS/WOPIUserId_324.ppeng.egnyte.com/C.14 Sec 3 Form 105.docx The undersigned swears that the foregoing statements are true and correct. Further, the undersigned agrees to provide current, complete and accurate information regarding actual employment and/or training provided to Section 3 Residents and contract or subcontract awards made to Section 3 Business Concerns and to permit the audit and examination of books, records, and files of the undersigned regarding such Residents and Concerns.

Date Contractor/Subcontractor
Signature
Title
Company Name

COMPLETE AND SUBMIT WITH BID
130

SEC3-110 (Rev. 09/22) Page 1 of 3
SECTION 3 HOURS AND QUALITATIVE EFFORTS
(Where HUD funding is $200,000 or more)
County of Kern
Planning and Natural Resources Department
Project Name and Number: City of Shafter Library and Learning Center, Chess Garden CDBG 18.22.1 & 18.23.1
The intent of Section 3 is to both to prioritize their efforts to direct employment and economic opportunities to specific groups of low- and very low-income individuals. In order to demonstrate compliance with Section 3 requirements, HUD has established Safe Harbor Benchmarks for hours to be worked by Section 3 Workers or Business Concerns. Current HUD benchmarks include that:
 25% of the total hours performed on the job be performed by Section 3 Workers  5% of the total hours performed on the job be performed by Targeted Section 3 Workers If the project meets both benchmarks, HUD considers the project to be in full compliance with Section 3.

However, Section 3 Workers, Targeted Workers and/or Business concerns must be identified in order to confirm the necessary benchmarks have been met. In order to create a contracting priority for businesses that provide economic opportunities for low- and very low-income workers, the regulation considers labor hours worked by Section 3 business concern employees to count towards benchmarks for both Section 3 workers and Targeted Section 3 workers.

A Section 3 business concern is defined as a business that meets at least one of the following criteria, documented within the last six-month period:

1. At least 51 percent owned and controlled by low- or very low-income persons,

2. More than 75 percent of the labor hours performed for the business over the previous 3-month period are performed by Section 3 workers, or

3. At least 51 percent owned and controlled by current residents of public housing or Section 8-assisted housing.

In order to quantify the hours performed on the job by Section 3 Workers and Business Concerns in relation to the total number of hours performed, those entities time on the job will need to be tracked. In order to accomplish this, use the monthly Section 3-140 form attached to these specifications. This report is required to be completed monthly for all Prime and Subcontractors working on Section 3 projects. After work is completed, subject to payroll monitoring, any periods of non-performance should be documented accordingly for each contractor and subcontractor.

If safe benchmark goals are not met, additional documentation is required – See Item 3 – Qualitative Efforts (below). Additional documentation is required to adequately detail actions the contractor has taken and impediments encountered while attempting to reach the goals. In order to be considered responsive, a bid must identify benchmarks that will be met by the number of hours being performed and/or indicate with their bid which qualitative efforts have been undertaken in order to demonstrate compliance with Section 3 requirements.

FOR PRIME AND SUBCONTRACTORS - List total hours for Prime and all tiers of subcontractors and indicate if the business is a Section 3 Business Concerns. In order to determine compliance; each subcontractor shall include separate forms for all subcontracts In order to determine compliance. 131

SEC3-110 (Rev. 09/22) Page 2 of 3
Name of Firm *
Is business a Sec. 3
Business Concern?
Yes/No
Estimate the Percent of
total construction hours
performed/total project
hours at 100%
$ Amt. Of All Subcontracts
Awarded
% $
% $
% $
% $
% $
% $
% $
Attach additional sheets if
necessary.

Total: (= 100% of Total Job) $
* NOTE: Provide a form SEC3-130, Section 3 Business Concern Certification, for each firm listed above as a Section 3 Business Concern.

2. FOR SECTION 3 WORKERS - List all Sec 3 employees for your firm, if any, and for all subcontracts:

Name of Section 3 Worker** Social Security Number
Targeted Section 3
Worker?
Yes/No
Attach additional sheets if necessary. Total of All Targeted Section Workers:
**NOTE: Form SEC3-120, Section 3 Worker Certification, must be attached for each Section 3 Worker for that employee to be counted as a Section 3 Worker.
132

SEC3-110 (Rev. 09/22) Page 3 of 3

3. Qualitative Efforts - If the Section 3 minimum numerical target goals are not achieved for meeting the Safe Harbor Benchmark, use this form to document the qualitative efforts made to contact any persons and/or businesses while attempting to reach the goals. Please check and attach copies of appropriate correspondence, media advertisements, etc. for every action taken. This documentation will be used to determine good faith compliance with the intent of the Section 3 regulations.

Outreach efforts to generate job applicants who are Public Housing Targeted Workers.

Outreach efforts to generate job applicants who are Other Funding Targeted Workers.

Direct, on-the job training (including apprenticeships).

Indirect training such as arranging for, contracting for, or paying tuition for, off-site training.

Technical training such as arranging for, contracting for, or paying tuition for, off-site training.

Outreach efforts to identify and secure bids from Section 3 business concerns.

Technical assistance to help Section 3 business concerns understand and bid on contracts.

Division of contracts into smaller jobs to facilitate participation by Section 3 business concerns.

Provided or connected residents with assistance in seeking employment, including drafting resumes, preparing for interviews, finding job opportunities, connecting residents to job placement services.

Held one or more job fairs.

Provided or connected residents with supportive services that can provide direct services or referrals.

Provided or connected residents with supportive services that provide one or more of the following:
work readiness health screenings, interview clothing, uniforms, test fees, transportation.

Assisted residents with finding childcare.

Assisted residents to apply for/or attend community college or a four-year educational institution.

Assisted residents to apply for or attend vocational/technical training.

Assisted residents to obtain financial literacy training and/or coaching.

Bonding assistance, guaranties, or other efforts to support viable bids from Section 3 business concerns.

Provided or connected residents with training on computer use or online technologies.

Other. Specify: _____________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ - PLEASE SUBMIT WITH BID -
133

Section 3-120 Submit with Bid 9/14/2022
Section 3 Resident/Worker
Certification Program Form
Project Name and Number: City of Shafter Library and Learning Center, Chess Garden CDBG 18.22.1 & 18.23.1
Regulations under 24 CFR Part 75 require that actual worker hours be reported proportion be measured against employment performed by low-income/very low-income workers. In accordance with regulations, the County of Kern will count Section 3 workers labor hours for five years at the time of the workers’ hire, or when the workers are first certified as meeting the Section 3 worker definition.

The five-year period for a worker cannot begin before November 30, 2020; therefore, Section 3 workers hired prior to November 30, 2020 may be certified for a five-year period beginning with the date of November 30, 2020. Pursuant to 24 CFR 75.5, a prior arrest or conviction cannot negatively affect the status of a Section 3 worker. Furthermore, Section 3 workers are not exempt from meeting position qualification requirements nor do the regulations require the employment of an individual meeting the definition of a Section 3 worker.

In accordance with federal regulations at 24 CFR 75.31, a worker may qualify as a Section 3 worker through one of the following certifications. In order to qualify workers as Section 3 workers, please have all qualified employees performing work on the project complete the following form. For income-based certification, use the income amounts shown on the following page to determine eligibility based on income and the size of household:
134

Section 3-120 Submit with Bid 9/14/2022
Fiscal Year 2025-2026 Income Amounts based on Household Size 1 Person 2 Person 3 Person 4 Person 5 Person 6 Person 7 Person 8 Person Low Income $ 52,600 $60,100 $67,600 $75,100 $81,150 $87,150 $93,150 $99,150 Very Low
Income
$ 32,900 $37,600 $42,300 $46,950 $50,750 $54,500 $58,250 $62,000 (Annual revisions to the data set above are issued around April of each year@ Income Limits | HUD USER). If clarification of income qualification is needed, please contact County of Kern Planning and Natural Resources Department – Community Development Division The following person certifies the above information is true and correct to the best of their knowledge:
______________________________________
Signature
______________________________________
Printed Name of Signatory
______________________________________ ____________________________ Name of Employer or Agency Certifying, as applicable Date Signed 135

SEC3-130 (Rev. 09/22) Page 1 of 1
SECTION 3 BUSINESS CONCERN CERTIFICATION
County of Kern
Planning and Natural Resources Department
Project Name and Number: City of Shafter Library and Learning Center, Chess Garden CDBG 18.22.1 & 18.23.1
The undersigned acknowledges by this certification its understanding that the aforementioned project is subject to the County of Kern’s Section 3 Action Plan which warrants that work generated by certain United States Department of Housing and Urban Development (HUD) financial assistance shall, to the greatest extent feasible, and consistent with existing Federal, State and local laws and regulations, be directed to business concerns which provide economic opportunities to low- and very low-income persons.

It is hereby certified that the firm named hereinbelow is a Section 3 Business Concern by virtue of the statements made by selecting any of the following as applicable to itself:

1. At least 51 percent owned and controlled by low- or very low-income persons; or,

2. More than 75 percent of the labor hours performed for the business over the previous 3-month period are performed by Section 3 workers; or,

3. At least 51 percent owned and controlled by current residents of public housing or Section 8-assisted housing.

The undersigned swears that the foregoing statements are true and correct and understands that false statements may initiate action under Federal or State laws concerning false statements.

Name of Firm: Contact Name:

Business Address:

Authorized Signature: Title:

Phone: Cell: Date:

Type(s) of Trade(s):

License(s) Held, Exp. Date(s):
-COMPLETE AND SUBMIT WITH BID IF APPLICABLE -
136

SEC3-140 (9/22) Page 1 of 5

MONTHLY
SECTION 3 REPORT
County of Kern
Planning and Natural Resources Department
Instructions for Completion
Project Name and Number: City of Shafter Library and Learning Center, Chess Garden CDBG 18.22.1 & 18.23.1
Prime Contractor Report Must Include Total Work Hours Performed by Subcontractors and the Report shall be Cumulative for Fiscal Year (July - June) to Date Information Part I : Employment and Training Opportunities
Column A: Contains various job categories as listed. Professional Services* are defined as non-construction services that require an advanced degree or professional licensing, including, but not limited to, contracts for legal services, financial consulting, accounting services, environmental assessment, architectural services, and civil engineering services. For construction positions, list each trade and provide data in columns B through F for each trade where persons were employed. The category of “Other” includes occupations such as service workers.
* Firms should not include the labor hours worked for professional services jobs in the total labor hours worked on the project and HUD did not consider such jobs when developing the benchmarks. However, if employees in professional services roles meet the definition of a Section 3 worker or Targeted Section 3 worker, firms may report their labor hours in the applicable worker hour category. By structuring the requirements in this way, the regulation incentivizes contractors to hire Section 3 or Targeted Section 3 workers for professional services jobs without creating undue burden if qualified Section 3 workers are not available to fill these roles.

Column B: Enter the number of hours for each category of workers identified in Column A in connection with this project. Total Work hours refers to the number of paid hours worked by all persons on a Section 3 project.

Column C: Enter the number of Section 3 worker hours for each category of workers identified in Column A in connection with this project. Section 3 worker hours refers to the number of hours a qualified Section 3 worker and/or Targeted Section 3 Worker, or Section 3 Business Concern performs work on the Section 3 job.

Column D: Enter the number of staff hours worked by Target Section 3 Worker Hours. Targeted Section 3 worker hours refers to the time qualified Targeted Section 3 Workers perform work on the Section 3 job. A Targeted Section 3 worker is 1. A worker employed by a Section 3 business concern, or; 2. A worker who currently fits or when hired fit at least one of the following categories, as documented within the past five years: a. A resident of public housing or Section 8-assisted housing. b. A resident of other public housing projects or Section 8-assisted housing managed by the PHA that is providing the assistance. c. A YouthBuild participant.

Column E: Enter the number of hours worked by Section 3 Business Concerns on the Section 3 job. A Section 3 business concern is a business that meets at least one of the following criteria, documented within the last six-month period: 1. At least 51 percent owned and controlled by low- or very low-income persons,

2. More than 75 percent of the labor hours performed for the business over the previous 3-month period are performed by Section 3 workers, or 3. At least 51 percent owned and controlled by current residents of public housing or Section 8-assisted housing. 137

SEC3-140 (9/22) Page 2 of 5
Column F: Enter the number of staff hours worked by both existing and newly hired Section 3 employees and trainees connected with this project. Include staff hours for part-time and full-time positions.

SEE MONTHLY REPORT NEXT PAGE
138

SEC3-140 (9/22) Page 3 of 5

EMPLOYMENT & TRAINING OPPORTUNITIES
Prime Contractor Report Must Include Calculation of Total Hours for each Subcontractor on the Job on Final Sheet and Separate Individual Forms for Each Subcontractor Project Name and Number: City of Shafter Library and Learning Center, Chess Garden, CDBG 18.22.1 & 18.23.1

1. Contractor Name & Address : (Street, City, State, Zip) 2. License Number: 3. Dollar Amount of Contract:

4. Contact Person: 5. Phone: (Include Area Code)

6. Reporting Period: 7. Date Report Submitted:

Part I: Employment and Training
A
Job Category
B
Total Number of
Work Hours
C
Staff Hours
Worked by Sec. 3
Workers
D
Staff Hours
Worked by
Targeted Sec. 3
Workers
E
Staff Hours Worked
by Sec. 3 Business
Concerns
F
Staff Hours
Worked by all Sec.
3 Employees &
Trainees
Professional Services
Technicians
Office/Clerical
Officials and Managers
Sales
Construction by Trade (List)
Trade:

Trade:

Trade:

Trade:

Other (List)
Total

SUBMIT MONTHLY
139

SEC3-140 (9/22) Page 4 of 5
Part II : Contracts Awarded - Cumulative To Date Reporting Required

1. Construction Contracts:

A. Total work hours and dollar amounts required for all contracts on project # of hours _________________ $ amounts __
B. Total dollar amount of contracts awarded to Section 3 Businesses # of hours _________________ $ amounts __

2. Non-Construction Contracts:

A. Total work hours and dollar amount of all non-construction contracts on project # of hours ________________ $ amounts __
B. Total dollar amount of all non-construction contracts awarded to Section 3 Businesses
# of hours ________________ $ amounts ___
Part III : Summary - Cumulative Qualitative Efforts To Date Reporting Required Indicate the efforts made to direct the employment and other economic opportunities generated by HUD financial assistance for housing and community development programs, to the greatest extent feasible, toward low- and very low-income persons, Section 3 workers and Business Concerns. (Check all that apply)
Outreach efforts to generate job applicants who are Public Housing Targeted Workers.

Outreach efforts to generate job applicants who are Other Funding Targeted Workers.

Direct, on-the job training (including apprenticeships).

Indirect training such as arranging for, contracting for, or paying tuition for, off-site training.

Technical training such as arranging for, contracting for, or paying tuition for, off-site training.

Outreach efforts to identify and secure bids from Section 3 business concerns.

Technical assistance to help Section 3 business concerns understand and bid on contracts.

Division of contracts into smaller jobs to facilitate participation by Section 3 business concerns.

Provided or connected residents with assistance in seeking employment, including drafting resumes, preparing for interviews, finding job opportunities, connecting residents to job placement services.

Held one or more job fairs.

Provided or connected residents with supportive services that can provide direct services or referrals.

Provided or connected residents with supportive services that provide one or more of the following: work readiness health screenings, interview clothing, uniforms, test fees, transportation.

Assisted residents with finding childcare.

Assisted residents to apply for/or attend community college or a four-year educational institution.

Assisted residents to apply for or attend vocational/technical training.

Assisted residents to obtain financial literacy training and/or coaching.

Bonding assistance, guaranties, or other efforts to support viable bids from Section 3 business concerns.

Provided or connected residents with training on computer use or online technologies.

Other. describe below or on additional attached pages if required. Specify:
_____________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ 140

SEC3-140 (9/22) Page 5 of 5
____________________________________________________________________________

SUBMIT MONTHLY
141

Firm Name Address City State Zip Phone #
Section 3 Business Concern
Firm Fax # Firm Email
Concrete
Cali Concrete Corporation 117 Mugsy Ave Bakersfield 93307 (661) CA 398‐8143 Erosion Control
J & M Land Restoration 1640 James Rd Bakersfield 93308 (661) CA 872‐7039 General Building
Cal Prime Inc 10101 Michele Ave Bakersfield 93312 6616796818 CA (661) 379‐8830Cali Concrete Corporation 117 Mugsy Ave Bakersfield 93307 (661) CA 398‐8143 General Engineering
Cal Prime Inc 10101 Michele Ave Bakersfield 93312 6616796818 CA (661) 379‐8830 Hydroseeding
J & M Land Restoration 1640 James Rd Bakersfield 93308 (661) CA 872‐7039 Insulation
Broken Drum Insulation PO Box 80547 Bakersfield 93380 (661) CA 393‐3304 Landscaping
J & M Land Restoration 1640 James Rd Bakersfield 93308 (661) CA 872‐7039 Landscaping/Erosion Control
J & M Land Restoration 1640 James Rd Bakersfield 93308 (661) CA 872‐7039 Paving
Kern Asphalt Paving &
Sealing Company, Inc.
2000 Norris Rd Bakersfield 93308 (661) CA [email protected] 391‐8000 Plumbing
GRC Plumbing 4400 Peale Way Bakersfield 93311 (661) CA 487‐5277 Sunset Mechanical & PO Box 60527 Bakersfield 93386 CA ‐0527 (661) 322‐0660 Tuesday, September 15, 2020 Page 1 of 2
142

Firm Name Address City State Zip Phone #
Section 3 Business Concern
Firm Fax # Firm Email
Plumbing
Construction Inc. 93386 CA ‐0527
Revegetation
J & M Land Restoration 1640 James Rd Bakersfield 93308 (661) CA 872‐7039 Site Preparation
J & M Land Restoration 1640 James Rd Bakersfield 93308 (661) CA 872‐7039 Tuesday, September 15, 2020 Page 2 of 2
143

LEAD-BASED PAINT POISONING PREVENTION
I. Scope
This section discusses the Lead-Based Paint Poisoning Prevention Act, Public Law 91-695, as amended by Public Law 93-151 and Public Law 94-317 (42 USC 4801).

II.Definitions
The following definitions shall apply:
(a) "Act" means the Lead-Based Paint Poisoning Prevention Act, Public Law 91-695, as amended by Public Law 93-151 and Public Law 94-317 (42 USC 4801). (b) "HUD" means the U. S. Department of Housing and UrbanDevelopment. (c) "HUD-associated housing" means any residential structure as defined in paragraph (d) of this section, which is owned by the Department of Housing and Urban Development or financially assisted under any program administered by HUD, when such structures are being constructed, sold, purchased, leased, rehabilitated (including routine maintenance work), modernized or improved with any form of HUD financial assistance whether by grant, loan, advance, housing assistance payments, the proceeds of a HUD guaranteed loan or a HUD insured mortgage.
(d) "Residential Structure" means any house, apartment or structure intended for human habitation, including any institutional structure where persons reside, such as a orphanage, boarding school, dormitory, day care center, or extended care facilities, college housing, hospitals, group practice facilities and community facilities. (e) "Lead-based paint" means (1) any paint containing more than five-tenths of 1 per centrum lead by weight (calculated as leadmetal) in the total nonvolatile content of the paint or the equivalent measure of lead in the dried film of paint already applied or both; or (2) with respect to paint which is manufactured after June 22, 1977, lead based paint means any paint containing more than six one-hundredths of 1 per centrum lead (calculated as lead metal) in the total nonvolatile content of the paint or the equivalent measure of lead in the dried film of paint already applied. (f) "Applicable surfaces" means all interior surfaces, whether accessible or not, and those exterior surfaces such as stairs, decks, porches, railings, windows and doors which are readily accessible to children under 7 years of age.
(g) "County of Kern" or "County" means the political subdivision of the State of California through which HUD funds are received for this project.

III. Standards
(a) No contractor or subcontractor shall use or permit the use of lead based-paint on applicable surfaces of any residential structure where such construction or rehabilitation is funded by the County with HUD funds.

LB-1
144

Prohibitlobby (Rev. 7/04)

PROHIBITED USE OF FEDERAL FUNDS FOR LOBBYING
(a) No appropriated funds may be expended by the recipient of a Federal contract, grant, loan, or cooperative agreement to pay 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 any of the following covered Federal actions: 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.
(b) Each person who requests or receives from an agency a Federal contract, grant, loan, or cooperative agreement shall file with that agency a certification, set forth in appendix A of 41 CFR part 105-69 (see CDA 243), that the person has not made, and will not make, any payment prohibited by paragraph (a) of this section.
(c) Each person who requests or receives from an agency a Federal contract, grant, loan, or cooperative agreement shall file with that agency a disclosure form, set forth in appendix B of 41 CFR part 105-69 (see Standard Form – LLL), if such person has made or has agreed to make any payment using nonappropriated funds (to include profits from any covered Federal action), which would be prohibited under paragraph (a) of this section if paid for with appropriated funds.
(d) Each person who requests or receives from an agency a commitment providing for the United States to insure or guarantee a loan shall file with that agency a statement, set forth in appendix A of 41 CFR part 105-69, whether that person has made or has agreed to make any payment to influence or attempt 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 that loan insurance or guarantee.
(e) Each person who requests or receives from an agency a commitment providing for the United States to insure or guarantee a loan shall file with that agency a disclosure form, set forth in appendix B of 41 CFR part 105-69 (see Standard Form – LLL), if that person has made or has agreed to make any payment to influence or attempt 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 that loan insurance or guarantee. 145

DISCLOSURE OF LOBBYING ACTIVITIES
Complete this form to disclose Lobbying activities pursuant to 31 U.S.C. 1352 (See page 2 for public burden disclosure)

1. Type of Federal Action:
a. contract
b. grant
c. cooperative agreement
d. loan
e. loan guarantee
f. loan insurance

2. Status of Federal Action:
a. bid/offer/application
b. initial award
c. post award

3. Report Type:
a. initial filing
b. material change
For Material Change Only:
year___________ quarter______________
date of last report__________________ __

4. Name and Address of Reporting Entity:

Prime Subawardee
Tier , if known:

Congressional District, if known:

5. If Reporting Entity in No. 4 is Subawardee, Enter
Name and Address of Prime:

Congressional District, if known:

6. Federal Department/Agency: 7. Federal Program Name/Description:

CFDA Number, if applicable: _____________________

8. Federal Action Number: 9. Award Amount:
$
10a. Name and Address of Lobbying Registrant:
(if individual, last name, first name, MI)
b. Individuals Performing Services: (including address if different from No. 10a.)
(last name, first name, MI)

11. Information requested through this form is authorized by title 31 U.S.C. section 1352. This disclosure of lobbying activities is a material representation of fact upon which reliance was placed the tier above when this transaction was made or entered into. This disclosure is required pursuant to 31 U.S.C. 1352. This information will be available for public inspection. Any person who fails to file the required disclosure shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each failure.

Signature:________________________________________________ Print Name:_______________________________________________ Title:_____________________________________________________ Telephone No.:_______________________ Date:_______________ Federal Use Only:

Approved by OMB
0348-0046
Authorized for Local Reproduction
Standard Form LLL (Rev. 7-97)
146

INSTRUCTIONS FOR COMPLETION OF SF-LLL DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the initiation or receipt of a covered Federal action, or a material change to a previous filing, pursuant to title 31 U.S.C. section 1352. The filing of a form is required for each payment or agreement to make payment to any lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer of employee of Congress, or an employee of a Member of Congress in connection with a covered Federal action. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information.

1. Identify the type of covered Federal action for which lobbying activity is and/or has secured to influence the outcome of a covered Federal action.

2. Identify the status of the covered Federal action.

3. Identify the appropriate classification on this report. If this is a follow-up report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last previously submitted report by this reporting entity for this covered Federal action.

4. Enter the full name, address, city, state and zip code of the reporting entity. Include Congressional District, if known. Check the appropriate classification of the reporting entity that designates if it is, or expects to be, a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the 1st tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants.

5. If the organization filing the report in item 4 checks "Subawardee," then enter the full name, address, city, state and zip code of the prime Federal recipient. Include Congressional District, if known.

6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organizational level below agency name, if known. For example, Department of Transportation, Unites States Coast Guard.

7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans, and loan commitments.

8. Enter the most appropriate Federal identifying number available for the Federal action identified in item 1 (e.g., Request for Proposal [RFP] number, Invitation for Bid [IFB] number, grant announcement, number, the contract, grant, or loan award number, the application/proposal control number assigned by the Federal agency). Include prefixes, e.g., "RFP-DE-90-001."

9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/loan commitment for the prime entity identified in item 4 or 5.

10. (a) Enter the full name, address, city, state and zip code of the lobbying registrant under the Lobbying Disclosure Act of 1995 engaged by the reporting entity identified in item 4 to influence the covered Federal action. (b) Enter the full names of the individual(s) performing services, and include full address if different from 10 (a). Enter Last Name, First Name, and Middle Initial (MI).

11. The certifying official shall sign and date the form, print his/her name, title and telephone number.

According to the Paperwork Reduction Act, as amended, no persons are required to respond to a collection of information unless it displays a valid OMB Control Number. The valid OMB control number for this information collection is OMB No. 0348-0046. Public reporting burden for this collection of information is estimated to average 10 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0046), Washington, DC 20503. 147

FEDERAL REQUIREMENTS
FEDERAL LABOR STANDARDS PROVISIONS - The Project or Program to which the constructionwork covered by this contract pertainsis being assisted by the United States of America and the following Federal Labor Standards Provisions are included in this Contract pursuant to the provisions applicable to such Federal assistance.
a. MINIMUM WAGES - All laborers and mechanics employed or working upon the site of the work will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3), the full amount of wages and bona fide fringebenefits(or cashequivalentsthereof) dueattimeof payment computedatratesto less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costsreasonably anticipated for bona fide fringe benefits under Section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5.5(a)(1)(iv); also, regular contributions made or costs incurred for more than a weekly period (but notless often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period.

Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer’s payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under 29 CFR Part 5.5 (a) (1) (ii)) and the Davis-Bacon poster (WH-1321)shall be posted at alltimes by the contractor and itssubcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers.

Any class of laborers or mechanics which is not listed in the wage determination and which is to be employed underthe contractshall be classified in conformancewith the wage determination.HUD shall approve an additional classification and wage rate and fringe benefits therefor only when the following criteria have been met:
a. The work to be performed by the classification requested is not performed by a classification in the wage determination;and
b. The classification is utilized in the area by the constructionindustry; and c. The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wagedetermination.

If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or its designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or its designee to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, D.C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office Management and Budget under OMB control number1215-0140).
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In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and HUD or its designee do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), HUD or its designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or its designee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or its designee or will notify HUDorits designeewithin the 30-day period that additionaltime is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140).

The wage rate (including fringe benefits where appropriate) determined pursuant to thissection, shall be paid to all workers performing work in the classification underthis contract from the first day on which work is performed in the classification.

Wheneverthe minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractorshall either pay the benefit asstated in the wage determination orshall pay another bona fide fringe benefit or an hourly cash equivalentthereof.

If the contractor does not make paymentsto a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of labor has fund, upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractorto set aside in a separate account assets for the meeting of obligations under the plan or program. (Approved by the Office of Management and Budget under OMB Control Number1215-0140). b. WITHHOLDING - HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other Federally-assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime contractor so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees and helpers employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee or helper, employed or working on the site of the work, all or part of the wagesrequired by the contract,HUD or its designee may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds untilsuch violations have ceased. HUD or its designee may, after written notice to the contractor, disburse such amounts withheld for and on account of the contractor orsubcontractorto the respective employees to whom they are due. The Controller General shall make such disbursements in the case of direct Davis-Bacon Act contracts.
c. PAYROLLS AND BASIC RECORDS - Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in Section 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5 (a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costsreasonably anticipated in providing benefits under a planor program described in Section 1(b)(2)(B)b of the Davis-Bacon Act the contractorshall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the 149

laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (Approved by the Office of Management and Budget under OMB Control Numbers 1215-0140 and 1215-0017).

The contractorshallsubmit weekly for each week in which any contract work is performed a copy of all payrolls to HUD or its designee if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the payrolls to the applicant, sponsor, or owner, as the case may be, for transmission to HUD or its designee. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR Part 5.5(a)(3)(i). This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal Stock Number 029- 005-00014-1, U.S. Government Printing Office, Washington, D.C. 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors (Approved by the Office of Management and Budget Under OMB Control Number1215=0149).

Each payroll submitted shall be accompanied by a “Statement of Compliance,” signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following:
a. That the payroll for the payroll period contains the information required to be maintained under 29 CFR Part 5.5(a)(3)(i) and that such information is correct and complete;
b. That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directlyor indirectly from the full wages earned, other than permissible deductions assetforth in 29 CFR Part 3;
c. That each laborer or mechanic has been paid not lessthan the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into thecontract.

The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the “Statement of Compliance”.

The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code.

The contractor or subcontractor shall make the records required herein available for inspection, copying, or transcription by authorized representatives of HUD or its designee or the Department of Labor, and shall permit such representativesto interview employees during working hours on the job.

Ifthe contractor orsubcontractorfailsto submitthe required records ortomake them available, HUD or its designee may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be groundsfor debarment action pursuant to 29 CFR part 5.12. d. APPRENTICES AND TRAINEES - Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and 150

Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who as been certified by the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program.Any worker listed on a payroll at an apprentice wage rate, who is notregisteredor otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentage of the journeyman’s hourly rate)specified in the contractor’s or subcontractor’s registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice’s level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program isapproved.

Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee’s level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefitsin accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program isapprove.

Equal employment opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30.
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e. COMPLIANCE WITH COPELAND ACT REQUIREMENTS - The contractor shall comply with the requirements of 29 CFR Part 3 which are incorporated by reference in this contract. f. SUBCONTRACTS - The contractor or subcontractor will insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as HUD or its designee may, by appropriate instructions, require and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tiersubcontractor with all the contract clauses in 29 CFR Part 5.5. g. CONTRACT TERMINATION; DEBARMENT - A breach of the contract clausesin 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12.
h. COMPLIANCE WITH DAVIS-BACON AND RELATED ACT REQUIREMENTS - All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR Parts 1,3 and 5 are herein incorporated by reference in this contract.
i. DISPUTES CONCERNING LABOR STANDARDS - Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Laborset forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and HUD or its designee, the U.S. Department of Labor, or the employees ortheir representatives.
j. CERTIFICATION OF ELIGIBILITY - By entering into this contract,the contractor certifiesthat neither it (nor he or she) nor any person or firm who has an interest in the contractor’s firm is a person or firm ineligible to be awarded Government contracts by virtue of Section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contract or participate in HUD programs pursuant to 24 CFR Part 24.

No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of Section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24.

The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001.

Additionally, U.S. Criminal Code, Section 1010, Title 18, U.S.C., “Federal Housing Administration Transactions,” provides in part “Whoever, for the purpose of...influencing in any way the action of such Administration...makes, utters or publishes any statement, knowing the same to be false...shall be fined not more than $5,000 or imprisoned not more than two years, or both.” k. COMPLAINTS, PROCEEDINGS, OR TESTIMONY BY EMPLOYEES - No laborer or mechanic to whom the wage, salary, or other labor standards provisions of this Contract are applicable shall be discharged or in any other manner discriminated against by the Contractor or any subcontractor because such employee hasfiled any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable under this Contract to hisemployer. l. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT - As used in this section, the terms “Laborers” and “mechanics” include watchmen andguards.
m. OVERTIME REQUIREMENTS - No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he orshe is employed 152