DATE:
TO:
FROM:
PREPARED BY
Item No. 15
STAFF REPORT
July 27, 2026
Honorable Mayor and City Council
Dr. Sean M. Moore, City Manage ,
Fermin Preciado, Director of Development Services/City Engineer Scott Washburn, Deputy Director of Public Works S
Todd Gutjahr, Public Works Analyst Z-
SUBJECT: Award of Contract — Replacement/Installation of Operable Partition Walls at the Scherer Community Center — Project No. 11249 (CDBG Project No:
YUCA-24-1-03A/00286)
RECOMMENDATION:
That the City Council ratify the following recommendations as considered at the June 8, 2026 City Council meeting:
Award and authorize the City Manager to execute a contract and the City Manager or his designee to administer the terms of the contract to the lowest responsible bidder, CE Pick Up Company/Pacific Sound Control of Santa Ana, CA in the amount of $69,867 for the Replacement/Installation of Operable Partition Walls at the Scherer Community Center — Project No. 11249 (CDBG Project No: YUCA-24-1-03A/00286) (Project); and
2. Approve the amounts of $16,000 for construction contract contingency and $3,000 for construction contract administration, staff time, and inspection costs for a total construction budget in the amount of $88,867; and
3. Authorize the City Manager or his designee to administer the distribution of the construction contract contingency; and
4. Approve the contract specifications prepared for this project; or
5. Provide further direction to staff.
BACKGROUND/DISCUSSION:
On June 8, 2026, the City Council considered this item. Following additional administrative review, the City Manager directed staff to return the item to the City Council for reconsideration.
Over the last 20 years, the City has completed several renovations at the Scherer Community Center
and Nutrition Center facilities including painting, kitchen and Americans with Disabilities Act (ADA) upgrades, storage upgrades, plumbing upgrades, HVAC replacement, electrical system upgrades, the replacement of windows and doors (2006), parking lot improvements (2008), wood floor replacement in the Scherer Community Center (2017), replacement of the Nutrition Center kitchen flooring and commercial water heater (2020), roof replacement (2024), and flooring replacement (2026).
The approved FY26 Capital Improvement Program (CIP) includes multiple projects funded through the Community Development Block Grant (CDBG Program). The CDBG Program provides funding for pedestrian and transit related improvements such as sidewalks, ADA curb ramps, and bus stop improvements. The CDBG Program also funds improvements to public facilities and public buildings. In 2024, staff recommended, and Council approved, the submittal of an application requesting CDBG Program funding for facility and building approvements to the Scherer Community Center (Center). The current partition walls in the Center are over 20 years old and are showing wear due to heavy use, including non-functioning locking mechanisms. The City's application requesting the amount of $200,000 in CDBG Program funding was subsequently approved.
The contract specifications to replace the partition walls were prepared by staff and advertised for construction bids in March of 2026. On April 16, 2026, one (1) sealed bid was received and opened as follows:
Bidder
Bid Amount
CE Pick Up Company/Pacific Sound Control of Santa Ana, CA $69,867
Engineers Estimate
$63,000
CE Pick Up Company/Pacific Sound Control (PSC) is the apparent lowest responsible bidder. Staff has reviewed the bid documents and determined that the documents meet the requirements of the contract specifications. The contractor has confirmed their ability to complete the work with minimal impact to the public during normal business hours. PSC has completed similar projects in the past for the City of Yucaipa, as well as other municipalities and as part of the reference check process, their work has been deemed satisfactory. As a result, staff recommends that City Council award the contract to PSC in the amount of $69,867.
FISCAL IMPACT:
The recommendations result in total expenditures in the amount of $88,867 which is included in the adopted FY26 Capital Improvement Program Budget.
Attachments:
1. Bid Summary
2. Contract Agreement
ATTACHMENT 1
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ATTACHMENT 2
Docusign Envelope ID: B085BOBC-1ABF-8A30-81EA-CD228F25144C
AGREEMENT
THIS AGREEMENT is made and entered into this 8"' day of June, 2026 by and between the City of Yucaipa, a municipal corporation, hereinafter referred to as "City", and CE Pick Up Company/
Pacific Sound Control
Contractor / Company Name
located at 2677 N. Main Street #230
Street Address
Santa Ana CA 92705 (714) 892-6022 hereinafter referred to as "Contractor".
City State Zip Code Phone
PROJECT: Replacement/Installation of Operable Partition Walls at the Scherer Community Center — Proiect No. 11249 (CDBG Project No: YUCA-24-1-03A/00286).
WITNESSETH, in this consideration of their covenants, the parties hereto agree as follows:
The contract documents for the Project shall consist of the Notice Inviting Sealed Bids, Instructions to Bidders, Proposal, General Specifications, Standard Specifications, Special Provisions, Plans, and all referenced specifications and appendices; together with this Agreement and all required bonds, insurance certificates, permits, notices, and affidavits; and also including any and all addenda or supplemental agreements clarifying, amending, or extending the work contemplated as may be required to insure its completion in an acceptable manner (collectively, the "Contract Documents"). The Contract Documents attached hereto as Exhibit A and are made a part hereof as though fully set forth herein.
In consideration of such work, City agrees to pay Contractor and Contractor agrees to accept the sum of Sixty -Nine Thousand Eizht Hundred Sixty -Seven Dollars and No/Cents, ($69,867.00) in the manner provided in the Contract Documents and subject to adjustment provided therein.
Concurrently with the execution of this Agreement, Contractor shall file with the City the bonds and certificates of insurance specified in the Contract Documents and subject to adjustment provided therein.
This Contract shall not be assigned without the written permission of the City Council.
IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year first above written ATTEST:
Ana Sauseda, MMC
Director of General
Services/City Clerk
FUNDS AVAILABLE:
s�aMa ev:
!!! mn3scz eaEs
Ryan B ackerby,
Interim Director of Finance
�sta�•a nr:
Pww,iln Pvuiak
Feri;inT.Preciado, PE
Director of Development
Services/City Engineer
APPROVED AS TO FORM:
CITY OF YUCAIPA
A Municipal Corporation
Date Dr. Sean M. Moore Date
City Manager
CONTRACTOR:
sy ed ey:
Aauiel 5/26/2026
CE Pick Up Company/Pacific Date
Sound Control
Steven Graham Pacifico, City Attorney
Docusign Envelope ID: B085BOBC-1ABF-8A30-81EA-CD228F25144C Exhibit A
Docusign Envelope ID: B085BOBC-lABF-8A30-81EA-CD228F25144C Engineer's F..atimate: S63,000
CITY OF YUCAIPA
STATE OF CALIFORNIA
CONTRACT DOCUMENTS
FOR
REPLACEMENT/INSTALLATION OF
OPERABLE PARTITION WALLS AT THE
SCHERER COMMUNITY CENTER
- PROJECT NO. 11249
CDBG Project No.: YUCA-24-1-03A/0286
NON -MANDATORY .JOB WALK WILL BE HELD ON
THURSDAY, APRIL 9, 2026
AT 10:00 A.M. AT THE SITE (12202 1" STREET)
PREPARED BY:
Todd Gutjahr
Public Works Analyst
City of Yucaipa
34272 Yucaipa Boulevard
Yucaipa, CA 92399
APPROVED BY:
Fermin Preciado, P.E.
Director of Development Services/
City Engineer
Cih' of Yucaipa
34272 Yucaipa Boulevard
Yucaipa, CA 92399
MARCH 2O26
BIDS WILL BE RECEIVED UP TO THE HOUR OF 10:00 A.M.
ON THURSDAY, APRIL 16, 2026
Docusign Envelope ID: B085BOBC-1 ABF-8A30-81 EA-CD228F25144C
TABLE OF CONTENTS
NOTICE INVITING SEALED BIDS
SCOPE OF WORK
LIQUIDATED DAMAGES
DEPARTMENT OF INDUSTRIAL. RELATIONS
PREVAILING WAGES
PAYROLL. RECORDS
INSURANCF. REQUIREMENTS
RETENTION
GENERAL INSTRUCTIONS
INSTRUCTION'S TO BIDDrIZS
PROPOSAL., FORMS
PROPOSAL GUARANTEE (BID BOND)
NON -COLLUSION AFFIDAVIT
PROPOSAL BID SHEET
DELIVERY OF PROPOSAL
wrmDRAWAL OF PROPOSALS
IRREGULAR PROPOSALS
F)LXES
DISQUALIFICATION OF BIDDERS
INTERPRETATION OF PLANS AND DOCUMENTS
ADDENDA OR BULLETINS
LEGAL. RESPONSIBILITIES
AWARD OF CONTRACT
LABOR CODE
WORKER'S COMPENSATION CERTIFICATE
DRUG FREE WORKPLACE
ATTORNEY FEES
WORK PERFORMANCE
CLAYTON ACT AND CARTWRIGHT ACT
SUBSTITUTION OF SECURITIES
SUBLE'I-PING AND SUBCONITACTING
PROPOSAL FORM
PROPOSAL FORM — BASF. BID SCHEDULE
TIME FOR COMPLETION
LIQUIDATED DAMAGES
11 I
2 2
3 3
3 3
5 5
5 5
5 6
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7 7
7 7
8 8
9 9
9 9
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13 Id
Docusign Envelope ID: B085BOBC-1ABF-8A30-81EA-CD228F25144C
TAHI E OF CONTENTS
UNIT PRICE PROPOSAL
BIDDERS BOND
LIST OF SUBCONTRACTORS
REFERENCES
NON -COLLUSION AFFIDAVIT
SECTION 1—GENEILAL PROVISIONS
1-I. SCOPE OF WORK
1-2. DEFINITIONS
1-3. LOCATION OF WORK
14. TRAFFIC REQUIREMENTS
1-5 UTILITY REQUIREMENTS
1-6. FLOW AND ACCEPTANCE OF WATER
1-7. STANDARD SPECIFICATIONS
1-8. WAGE RATES AND LABOR CODE REQUIREMENTS
1-9. INSURANCE R£QUIREMEN"CS
SECTION 2 — SPECIAL PROVISIONS
2-1. TIME OF COMPLETION AND LIQUIDATED DAMAGES
2-2. WORK SCHEDULE
2-3. TRAFFIC CONTROL
24. UTILITIES CONTRACTOR'S RESPONSIBILITY
2-5. PERMITS
2.6. ADDITIONAL WORK AND EXTRA WORK
2-7. INCREASED OR DECREASED QUANTITIES
2-8. PAYMENT
2-9. SAFETY REGULATIONS
'_•-l0. AVOIDANCE OF DUST NUISANCE
2-1 I. RECYCLING OF MATERIALS AND NON -STORM WATER DISCHARGES SECTION 3 — CONSTRUCTION MATERIALS AND METHODS
3-I. REMOVAL. AND DISPOSAL
3.2. AVOIDANCE OF DUST NUISANCE
3-3. STORAGE OF MATERIALS IN PUBLIC STREETS
34. MATERIALS AND METHODS ADDITIONS
Im
is
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37 Docusign Envelope ID: B085BOBC-1 ABF-8A30-81 EA-CD228F25144C TABLE.OF CONTENTS
3-5. MOBILIZATION
3-6. BID ITEMS
APPENDIX "A" — CONTRACT AGREEMENT DOCUMENTS 39
APPENDIX "B" —Cf)BC 44
Docusign Envelope ID: B085BOBC-lABF-8A30-81EA-CD228F25144C
CITY OF YUCAIPA
NOTICE INVITING SEALED BiDS
FOR
REPLACEMENT/INSTALLATION OF OPERABLE PARTITION WALLS
AT THE SCHERER COMMUNITY CENTER - PROJECT NO. 11249
PUBLIC NOTTCF. IS HEREBY GiVF,N that the City of Yucaipa, as CITY. invites scaled bids for the above stated project and will receive such bids in the offices of the Public Works Department at 34272 Yucaipa Boulevard, Yucaipa. California 92399, up to the hour of 10:00 a.m.. on Thursday. the 10 day of April 2026 at which time they will be publicly opened and read aloud.
A hid summary will then be prepared and posted for three (3) days. Award of the Contract will be made during a subsequent meeting of the City Council.
Bid packages are available at no cost at the City's web page: wwvv.yucaipa.gov. To access the bid documents, select the "Bid Opportunities" tab and then select the "Bid Net Direct' link. Eligible bidders must register on this web site link. If any plan holders fail to register on this site as described above. they will not receive and addendunts or updates and may, therefore, become ineligible to bid. if you have any questions regarding this matter, please contact Debbie Shortlidge at (909) 797-2489 extension 254. You may contact and, reproduction company to download these documents for reproduction purposes at your cost.
NON -MANDATORY JOB WALK WiLL BE HELD ON
THURSDAY, APRIL 9, 2026
AT 10:00 A.M. AT THE SITE (12202 1ST STREET)
Scope of Work
The contract work for this project consists of the removal and replacement of two (2) operable interior partition walls at the Scherer Community Center. The scope includes removing and replacing 22 interior acoustic wall carpet panels (color TBD), each measuring 40' 1 1-718" x 8'0", and incorporates the following components: two (2) YxT pass doors with push/pull handles. a i" fixed top seal, a lead panel with bulb seal, 2" retractable bottom seals, and a manually operated last closure panel. All installation work will utilize the existing track suspension system.
The construction and completion of the project indicated above shall be in accordance with the CBC 2025 (Latest Edition) and the Plans and Specifications as prepared for this project.
Liquidated Damages
There will be a Five Hundred Dollar (S500-00) assessment for each working day that work remains incomplete beyond the time stated in the Proposal Form. Refer to the Proposal Form for specific details.
Department of Industrial Relations
For all bid proposals submitted on or after March 1, 2015, Labor Code Section 1725.5 requires all contractors and subcontractors to annually register with the Department of Industrial Relations
Docusign Envelope ID: 8085BOBC-1 ABF-8A30-81 EA-CD228F25144C (DIR) before bidding on or performing any public works contract. A contractor or subcontractor will need to be registered with the DIR in order to he qualified to bid on, be listed in a bid proposal as a subcontractor or engage in any component of the work for a public works contract. Proof of current registration with DiR for the prime contractor and all listed subcontractors must be included in the bid. Failure to provide proof of registration with the DIR may result in the bid being considered non -responsive.
Prevailing Wages
In accordance with the provisions of Section 1770 et. Seq., of the labor Code, the Director of the industrial Relations of the State of California and the Director of the United States Department of Labor has determined the general prevailing rate of ware applicable to the work to be done.
The Contractor will be required to pay all workers the project suns not less than the sums set forth in the documents entitled "General Prevailing Wage Determination made by the Director of industrial Relations pursuant to California Labor Law Part 7. Chapter 1 Article 2. Sections 1770, 1773, 1773.1" and the Davis -Bacon Act most recent Wage Determination.
A copy of said document(s) is on file and may be inspected in the office of the City Engineer, located at 34272 Yucaipa Boulevard, Yucaipa. California, 92399.
Attention is directed to the provisions of Section 177.5 and 177.6 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor tinder the Contractor. The Contractor and any subcontractor under the Contractor shall comply with the requirements of said sections in the employment of apprentices.
Information relative to apprenticeship standards and administration of the apprenticeship program tnav be obtained from the Director of Industrial Relations, San Francisco, California, or front the Division of Apprenticeship Standards and its branch offices.
Prevailing Wage Rates
Bidders are advised that this project is funded with Federal Funds. The requirements of the Davis -Bacon Act will apply to this project and those requirements will be enforced. The prime Contractor and all Subcontractors are required to pay their laborers and mechanics employed under this Contract, a wage not less than minimum wage classification, as specified in both the Federal and State Wage Decision when the Contract amount for the Prince Contract exceeds 52,000. The higher of the two applicable wage classifications, either State Prevailing Wage or Davis -Bacon Prevailing Wage_ will be enforced for all work under this Contract. The Prime Contractor is responsible for ensuring Subcontractor compliance with Davis- Bacon and Related Act Requirements. The Federal Labor Standards Provisions (THUD 4010) apply to this project.
A copy of the Davis -Bacon Federal Prevailing Wage, the date of which reflects the latest applicable modification, is included in the Contract Documents and Specifications. Bidders shall be notified, via Addendum. of modifications. if any, which supersede that included herein, up until a minimum of 10 days prior to the actual Bid Opening.
Docusign Envelope ID: B085BOBC-lABF-8A30-81EA-CD228F25144C Pavroll Records
The Contractor's attention is directed to Section 1776 of the Labor Code, relating to accurate payroll records, which impose responsibility upon the Contractor for the maintenance, certification and availability for inspection of such records for all persons employed by the Contractor or by the subcontractors in connection with the project. The Contractor shall -agree through the Contract to comply with this Section and the remaining provisions of the Labor Code, Insurance Requirements
Tile Contractor shall provide insurance in accordance with these Specifications. In addition, the Contractor shall guarantee all work against defective workmanship and materials furnished by the Contractor for a period of one (1) year from the date the work was completed in accordance with Sections 2-4 and 6-8 of the Standard Specifications for tine Public Works Construction. The.
Contractor's sureties for the "Performance Bond" shall be liable for any work that the Contractor faits to replace within a specified time.
Retention
The contract documents call for monthly payments based upon the engineer's estimate for the work completed. The City of Yucaipa will retain five percent (5%) of each progress payment as security for the completion of the balance of the work. At the request and expense of the successful bidder, the City, will pay tine amounts so retained upon compliance with the requirements of Public Contract Code Section 22300 and the provisions of the contract documents pertaining to Substitution of Securities.
General Instructions
Bids must be prepared on the approved proposal forms in conformance with the Instructions to Bidders and submitted in a scaled envelope plainly marked on the outside: ATTN. PUBLIC WORKS DEPARTMENT, SEALED BID FOR REPLACEi<iEN'F/INSTALLATION OF OPERABLE PARTITION WALLS AT THE SCHERER COMMUNITY CENTER — PROJECT NO. 11249
The City of Yucaipa reserves the right to reject any or all bids, to award each item separately, and/or waive any informality on any bid. No bid may be withdrawn for sixty (60) days after the time set for the opening thereof.
Failure by the successful bidder to enter into a contract with the City, or to deliver goods and/or services in accordance with the bid may result in a declaration by the City that the bidder is not a responsible bidder and elimination from consideration in future bidding.
At the time of contract award, the prime contractor shall possess the appropriate contractor's license and/or any combination of specialty contractors license(s) sufficient to perl'ontt the work.
Docusign Envelope ID: B085BOBC-1ABF-8A30-81EA-CD228F25144C Dated this 2P day of March, 2026.
Fermin Preciado. P.E.
Director of Development Services/City Engineer
City of Yucaipa
34272 Yucaipa Boulevard. Yucaipa, CA 92399
Docusign Envelope ID: B085BOBC-lABF-8A30-81EA-CD228F25144C CITY OF YUCAiPA
INSTRUCTIONS TO BIDDERS
FOR
REPLACEMENT/INSTALLATION OF OPERABLE PARTITION WALLS
AT THE SCHERER COMMUNITY CENTER - PROJECT NO. 11249
Proposal Forms
[lids shall be submitted in writing on the proposal forms provided by the City. All information requested therein must be clearly and legibly set forth in the manner and form indicated. The City will not consider any proposal not nieeting these requirements.
Proposal Guarantee (Bid Bond)
Proposals must be accompanied by a proposal guarantee consisting of certified check or bid bond payable to the City of Yucaipa in the amount of ten percent (10°ro) of the total amount bid. Any proposal not accompanied by such a guarantee will not he considered. if a bidder to whom a contract is awarded tails or refuses to execute the contract documents or furnish the required insurance policies and bonds as set forth in those documents, the proposal guarantee shall be forfeited to the City. The proposal guarantees of all bidders will be held until the successful bidder has properly executed all contract documents.
Non -Collusion Affidavit
Bidder shall declare that the only persons or parties interested in the proposal as principals are those named therein; that no officer, agent, or employee of the City is personally interested. directly or indirectly, in the proposal: that the proposal is made without connection to any other individual, firm, or corporation making a bid for the same work; and that the proposal is in all respects fair and without collusion or fraud. The Nan -Collusion Affidavit shall be executed and submitted with the proposal,
Proposal Bid Sheet
Bidders shall give unit prices for each and all of the items set forth. No aggregate bids will he considered. The bidder shall set forth for each item of work, in clearly legible figures, a unit item price and a total for the item in the respective spaces provided for this purpose.
The quantities listed in the Bid sheets are supplied to give an indication of the general scope of work, but the accuracy of figures is not guaranteed, and the bidder make his/her own estimates from the data contained in Appendix A and on -site inspections. In case ofa variation between the unit price and the totals shown by the bidder, the unit price will be considered to be the bid. "Notice Inviting Sealed Bids" may be required to provide for the best interests of the City. In no event will an award be made until all necessary investigations are made as to the responsibility and qualifications of the bidder to whom the award is contemplated. No Bidder may withdraw his/her proposal for a period of sixty (60) days after the time set for opening thereof However. the CITY will return all proposrl guarantees within ten (10) days after the award of the contract or rejection of the bids, as the case may be, to the respective bidders whose proposals they accompany.
Docusign Envelope ID: B085BOBC-iABF-8A30-81 EA-CD228F25144C Delivery of Proposal
Proposals may be mailed or delivered by messenger. However; it is the bidders responsibility alone to ensure delivery of the proposal to the hands of the City's designated official prior to the bid opening hour stipulated in the "Notice inviting Scaled Bids." Late proposals will not be considered. Proposals shall be enclosed in a sealed envelope plainly marked on the outside:
.ATTENTION: PUBLIC WORKS DEPARTMENT, SEALED BID FOR
REPLACEMENTANSTALLATION OF OPERABLE PARTITION WALLS AT THE SC14ERER COMMUNITY CENTER — PROJECT NO. 11249. Mailed bids should be addressed as follows:
City of Yucaipa
Attn. Public Works Division
34272 Yucaipa Boulevard
Yucaipa. CA 92399
RE: REPLACEMENVINSTALLATION OF OPERABLE PARTITION
WALLS AT THE SCHERER COMMUNITY CENTER
— PROJECT NO. 11249
Plainlr marls the proposal bid title in the upper left-hand corner with "Sealed Bid, " the name and address of the bidder, and the contract being bid.
Withdrawal of Proposals
A proposal may be withdrawn by a written request signed by the Bidder. Such requests must be delivered to the City's designated official prior to the bid -opening hour stipulawd in the "Notice Inviting Sealed Bids." The withdrawal of a proposal will not prejudice the right ofthe Bidder to submit a new proposal, providing there is time to do so. Proposals may not be withdrawn after said hour without forfeiture of the proposal guarantee.
Irregular Proposals
Unauthorized conditions, limitations, or provisions attached to a proposal will render it irregular and may cause its rejection. The completed proposal forms shall be without interlineations, alterations, or erasures. Alternative proposals will not be considered unless specifically requested.
No oral. telegraphic, or telephonic proposal, modification, or withdrawal will be considered. 'Faxes
No mention shall be made in the proposal of Sales Tax, Use Tar. or any other tax. as all wrtounts bid will be deemed and held to include any such taxes, which may be applicable.
Disqualification of Bidders
In the event that any bidder acting as a prime contractor has an interest in more than one proposal, all such proposals will be rejected, and the Bidder will be disqualified. this restriction does not
Docusign Envelope ID: B085BOBC-1ABF-8A30-81EA-CD228F25144C apply to subcontractors or suppliers who may submit quotations to more than one Bidder and. while doing so, may also submit a formal proposal as a prime contractor.
No contract will be executed unless the Bidder is licensed in accordance with the provision of the State Business and Professions Code.
Interpretation of Plans and Documents
If any person contemplates submission of a bid for the proposed contract and is in doubt as to the true meaning of any part of the services to be performed, they may submit a written request for an interpretation or correction thereof. The person submitting the request will be responsible for its prompt delivery.
Any interpretation or correction of the proposed documents shall be made only by addendum duly issued, and a copy of such addendum will he mailed or delivered to be delivered to each person receiving a set of such documents. The Engineer will not be responsible for any other explanation or interpretations of the proposed documents.
Addenda or Bulletins
All Bidders are advised as to the possibility of issuance of addenda affecting the items, scope or quantity of the wort: required for this project. Each Bidder shall be fully responsible for informing themselves as to whether or not any such addends have been issued. The effect of all addends to the Contract Documents shall be considered in the bid and said addends shall be made a part of the Contract Documents and shall be returned with them. Failure to cover in a bid any such addenda issued may render the bid irregular and may result in its rejection by the City.
Legal Responsibilities
All proposals must be submitted- filed, made and executed in accordance with State and Federal laws relating to bids for contracts of this nature whether the same are expressly referred to herein or not. any Bidder submitting a proposal shall by such action thereby agree to each and all terns, conditions, provisions, and requirements set forth, contemplated and referred to in the Contract Mwurnents and to full compliance therewith.
Award of Contract
Following a review of the bids, the City shall determine whether to award the contract or to reject all bids. The award of contract, if made, will he to the lowest responsible Bidder as determined solely by the City. Additionally, the City reserves the right to reject any or all proposals, to accept any bid or portion thereof. to waive any irregularity. and to take the bids under advisement for the period of time stated in the legal notice inviting sealed bids, as may be required to provide for the best interests of the City. "rhe Contractor's original signature on the Bid Proposal Form shall constitute a commitment on the part of the Bidder to furnish the items as set forth in the Bid Proposal Form, the Instructions to Bidders, the Plans, the Special Provisions and the 'Notice Inviting Sealed Bids. The Bidder to whom the contract is awarded shall be notified upon approval ofthe contract by the City Council. The Notice Inviting Bids. the Instructions to Bidders. the Bid Proposal Form, the Plans, Special Provisions and Standard Specifications, together with any attachments, shall be considered as part of the contract between the City and the Contractor to
Docusign Envelope ID: B085BOBC-lABF-8A30-81EA-CD228F25144C whom a Purchase Order is issued. in no event will an award be made until all necessary investigations are made as to the resperosibility and qualifications of the Bidder to whom the award is contemplated.
No Bidder may withdraw his/her proposal for a period of sixty (60) days after the time set for opening thereof However. the City will return all proposal guarantees within ten (10) days after the award of the contract and execution of the contract documents or rejection of the bids, in as the case may be, to the respective bidders whose proposals they accompany.
Labor Code
Pursuant to the provisions of Section 1773 of the Labor Code of the State of California (herein referred to as Labor Code) the City has obtained the general provisions rate of per diem wages and the general prevailing rate for holiday and overtime work in this locality for each craft, classification or type or worker needed to execute the contract from the Director of the Department of Industrial Relations. These rates are on file with the Clerk of the City.
Travel and subsistence payments to each worker needed to execute tlae work shall be made as such travel, and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Section 1773.8 of the Labor Code. 'Me Contractor shall comply with the provisions of Section 1774 of the Labor Code. Failure to comply with the subject section will subject the Contractor to penalty and forfeiture provisions of Section 1775 of the Labor Code. Pursuant to the provisions of Section 1770 of the Labor Code. the general prevailing rate of wages has been ascertained (which rate includes employer payments for health and welfare, vacation, pension, and similar purposes) applicable to the work to lx done, for straight time, overtime, Saturday, Sunday and holiday work. The holiday wage rate listed shall be applicable to all holidays recognized in the collective bargaining agreement of the particular craft. classification or type of worker concerned.
The CITY will not recognize any claim for additional compensation because of the payment by the Contractor of any wage rate in excess of the prevailing wage rate set forth in the contract. The possibility of wage increases is one of the elements to be considered by the Contractor in determining their bid, and will not, under any circumstances, be considered as the basis of a claim against the CITY on the contract. The Contractor and subcontractors shall comply with Section 1777.6 of the Labor Code which stipulates that it shall be unlawful to refuse to accept otherwise qualified employees as registered apprentices solely on the grounds of race, religious creed, color, national origin, ancestry. sex, or age of'such employee, except as provided in Section 3077 of the Labor Code.
Worker's Compensation Certificate
Section 3700 of the Labor Code requires that every employer shall secure the payment compensation by either being insured against liability to pay compensation with one or more insurers or by securing a certificate of consent to self -insure front the State Director of industrial Relations. In accordance with this section and with Section 1861 of the Labor Code, the contractor shall sign a Compensation insurance Certificate, which is included with the Contract Agreement. and submit same to the city along with the other required contract documents, prior to performing
Docusign Envelope ID: B085BOBC-1ABF-8A30-81EA-CD228F25144C any work. Reimbursement for this requirement shall be considered as included in the various items of «ork.
Drug -Free Workplace
Contractor agrees to comply with the City's Drug -Free Workplace Policy.
Attorney Fees
In the event of any action between City and Contractor seeking enforcement of any of the terms and conditions of this Agreement, the prevailing party in such action shall be awarded, in addition to damages, injunctive or other relief. reasonable costs and expenses and reasonable attorney -s fees.
a. Arbitration
All claims. disputes and other matters in question between the parties to this agreement arising out of'. or relating to, this Agreement or the breach thereof, may be decided by arbitration if the parties mutually agree. No consolidation, joinder or in any other manner, any additional person not an arbitration arising out of, or relating to. this Agreement shall include, by party to this Agreement except by written consent containing a specific reference to this Agreement and signed by the Construction Manager, the owner and any other person sought to be joined. Ann consent to arbitration involving an additional pcm-)n or persons shall consent to arbitration of any dispute not described therein or with any person not named or described therein. This agreement to arbitrate and any agreement to arbitrate with an additional person or persons duly consented to by the parties to this agreement shall be specifically enforceable.
Notice of request for arbitration shall be filed in writing with the other party to this :Agreement, and a copy shall be tiled with the Architect. The request shall he made within a reasonable time after the claim, dispute or other matter in question has arisen. In no event shall the request for arbitration be made after the date when institution of legal or equitable proceeding base don such claim.. dispute or other matter in question would be barred by the applicable sta(ute of limitations.
Work Performance
All work shall be conducted and completed in accordance with all current, applicable slate and federal laws, including, but not limited to Labor Code Sections 1770 et. seq. where applicable, local laws, ordinances and regulations. and all maps, plans and specifications on file with city.
Where any such construction has been partially completed prior to this Agreement. Contractor agrees to complete them in accordance with this paragraph.
Clayton Act and Cartwright Act
Section 455 t of the State Government Code specifies that in executing a public works contract with the CITY to supply goods, services or materials, the Contractor or Subcontractor offers and agrees to assign to the CITY all rights, title and interest in and to all causes of action it may have
Docusign Envelope ID: B085BOBC-lABF-8A30-81EA-CD228F25144C tinder Section 4 of the Clayton Act (I5 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 commencing with See. 167W) of Part 2 of Division 7 of the Business and Professions Code. arising from purchase of goods. services or materials pursuant to the contract or subcontract. This assignment shall become effective when the CITY tenders final payment to the Contractor without further acknowledgment by the parties.
Substitution of Securities
In conformance with the State of California Public Contract Code Section 22300, the contractor may substitute securities for any funds withheld by the CITY to ensure performance under the contract.
At the request and expense of the contractor, securities equivalent to the amount withheld shall be deposited with the CITY or with a State or Federally chartered bank as the escrow agent who shall pay such funds to the contractor upon notification by the CITY of Contractor's satisfactory completion of the contract. The type of securities deposited. and the method of release shall he approved by the City Attorneys office.
Subletting and Subcontracting
Pursuant to the Subletting and Subcontracting Fair Practices Act (commencing with Section 41 W of the Government Code), bidders are required to list in their proposal the name and location of place of business of each subcontractor who will perform work or labor or render services in or about the project of the work or improvement or a subcontractor who specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the Plans and Specifications in excess of/: of I% of this prime contractor's total bid. Failure to list a subcontractor for a portion of the work means that the prime contractor will do that portion of the work. It is the Agency's intent for the Subletting and Subcontracting Fair Practices Act to apply to all phases of the work.
ID
Docusign Envelope ID: B085BOBC-lABF-8A30-81EA-CD228F25144C
CITY OF YUCAIPA
PROPOSAL FORM
FOR
REPLACEMENT/INSTALLATION OF OPERABLE PARTITION WALLS
AT THE SCHERER COMMUNITY CENTER — PROJECT NO. 11249
Bidder's Name:
TO CITY OF YUCAIPA, as CITY:
In accordance with City's "Notice Inviting Sealed Rids," the undersigned BIDDEiR hereby proposes to furnish all materials; equipment, tools, labor, and incidentals required for the above - stated project as set forth in the Contract Documents and to perform all work in the manner and time prescribed.
BIDDER declares that this proposal is based upon careful examination of the work site, flans, Specifications, Instructions to Bidders and Contract Documents. If this proposal is accepted for award. BIDDER agrees to enter into a contract with the CITY at the unit and'or lump suns prices set forth in the following Proposal Bid Sheet. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to the CITY of the Bid Bond accompanying this proposal.
BIDDER understands that a bid is required for the entire work that the estimated quantities set forth in the Proposal Bid Sheet are solely for the purpose of comparing bids, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses. tastes. royalties, and fees. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts.
BIDDER agrees and acknowledges that he/she is aware of the provisions of Section 37(X) of the Labor Code which requires every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code, and that the BIDDER will comply with such provisions of that code before commencing the performance of this Contract if awarded it.
BIDDER certifies to be properly licensed by the State of California as a contractor to perforal work of this specialty. The undersigned agrees to funtish the City satisfactory proof of ability to perform the work, as well as records of performance of similar jobs completed recently. if and when requested to do so by the City Engineer.
BIDDER agrees that the insurance and bonding requirements set forth can and will be fulfilled.
BIDDER certifies that in all previous contracts subcontracts. all reports which may have been due under the requirements of any agency. State. or Federal equal employment opportunity orders have been satisfactorily filed and that no such reports are currently outstanding.
Docusign Envelope ID: B085BOBC-1ABF-8A30-81EA-CD228F25144C BIDDER declares that the only persons or parties interested in this proposal as principals are those named herein, that no officer. agent or employee of the CITY is personally interested, directly or indirectly, in this proposal; that this proposal is made without connection to any other individual, firm or corporation making a bid for the same work. and that this proposal is in all respects fair and without collusion or fraud.
BIDDER certifies that affirmative action has been taken to seek out and consider disadvantaged business enterprises for those portions of the work to be subcontracted and that such affinnative actions have been carefully documented, that said documentation is open to inspection, and that said affirmative action will remain in effect for the life of any contract awarded hereunder.
Furthermore. BIDDER certifies that atlirntative action will be taken to meet all equal employment opportunity requirements of the contract documents.
Docusign Envelope ID: B085BOBC-1 ABF-8A30-81 EA-CD228F25144C
PROPOSAL FORM
FOR
REPLACEMENT/INSTALLATION OF OPERABLE PARTITION WALLS
AT THE SCHERER COMMUNITY CENTER — PROJECT NO. 11249
BASE BID SCHFDULE
ITEM
10. QTV. UNIT I DESCRIPTION
Remove and dispose of existing interior partition walls, each measuring 40' 11-7i8" x 8'0" (The City of Yucaipa
will provide the necessary waste containers for material I I LS disposal) $
Procurement and installation of Moderco — Signature
842 Operational Partition (Panels Only) — Acoustic Wall 2 1 LS Carnet (color TBD) OR APPROVED EQUAL S
Total I S
TOTAL. BID PRICE FOR THE RASE BID SCHEDULE for the cost of labor, materials, equipment pans, implements, taxes, and supplies necessary to complete the project, as based on the City Engineer's estimate of quantities of work to be done (Summation of preceding suhtntals of item I through 2 inclusive).
(Words)
and CENTS Total• $
--- -- (Words) —
DOLLARS
(figures)
All blank spaces appearing above must be tilled in. failure to fill in all spaces MAY result in the bid being disqualified. In case of discrepancy between words and figures, the words shall prevail.
Basis of Contract Award
III the CITY elects to award. the award is to be made to the lowest responsible bidder based on the "Base Bid "only.
Time for Completion
If awarded the Contract, the undersigned agrees to start work on this project within ten (10) working days or as otherwise directed by the Director of Development Scrvices/City Engineer in accordance with these specifications and agrees to complete the work within twenty (20) working days from the Notice to Proceed. New replacement walls shall be installed immediately following removal.
Docusign Envelope ID: B085BOBC-lABF-8A30-81EA-CD228F25144C In case all the work called for is not completed in all pans and requirements within the time specified, the CITY shall have the right to grant or deny an extension of time for completion, as may seem lest to serve the interest of the City.
The Contractor shall not be assessed with penalties during the delay in the completion of the work caused by acts of God or of the Public Enemy, acts of the State, fire not due to acts of contractors or subcontractors, floods, epidemics, quarantine, restrictions, strikes, freight embargo or unusually severe weather, or delays of subcontractors due to such causes provided that the Contractor shall, within ten (10) calendar days from the beginning of such delay, notify the City, in writing of the cause of delay, and the findings thereon shall he final and conclusive.
Liquidated Damages
Time is of the essence on this contract, and should the Contractor fail to finish the work on or before the time stated above. the Contractor shall he charged by the City, as liquidated and ascertained damages, the surn of Five Hundred Dollars ($500.00) for each working day extension of time duly granted in the manner and for the causes specified in the Special Provisions) it being hereby expressly impracticable and extremely difficult to fix the actual damage which would or will be suffered in the event that the Contractor should fail fully to complete the work within the time specified_ and it would Ix; further agreed that the charges per day as aforementioned shall be reasonable and proper in premise. 11ae amount so charged shall be deducted by the City from any monies which otherwise are, or become, payable to the Contractor.
Unit Prices Proposal
Unit prices in each and every case shall represent a true unit price used in preparing the bid schedule totals (PROPOSAL. FORM). Unit prices listed herein shall include all material, installation and appurtenant work as is necessary to have the item complete and in place, meeting the full intent of plans and specifications. unbalanced unit prices including additive alternates shall he sufficient cause fix rejection of the bid. The purpose of' the unit pricing is for bid evaluation and changes in the work during construction.
The undersigned hereby declares that the cost of all necessary- items for completion of this project are included in the unit prices quoted_ all incidentals have been taken into consideration even though said incidentals are not specifically listed in the specifications or shown on the plans. The undersigned is likewise aware of the tact that distances, quantities and other estimated figures appearing on the plans or mentioned in the specifications or on the Proposal Form are only approximate and declares that the unit prices shown above for the various items of work are based on distances and quantities calculated as the result of actual measures performed at the site project.
Respectfully submitted. Date:
Firm Name:
Signature:
Address:
11 Docusign Envelope ID: B085BOBC-lABF-8A30-81EA-CD228F25144C Email:
Business Phone: Residence Phone_
Is BIDDER currently certified DBE/WBF? YES NO
Contractor's License No. Class__ Expiration Date: _
DIR
If a partnership, names ufpartoer>. Ifa corporation, names of *BIDDER is Pre.ident or Vice -President and the Secretary or AssiWanl Secretary_ - -
NAME ADDRESS
I (we) hereby state and declare, under the penalty of perjury under the laths of Calilitrnia, that the representatives made herein are true and correct.
Executed: 2026 at t.`aliturnia.
i By: -- -- By
Title: _ Title:___
•I'Icase slate whether the bidder is an individual. a partnership, a corpornion or an individual doing business under a fictitious name. if the BIDDER i, a cotlwration. the following is required:
I. Signatures of two corporate ollices; or,
2. A certified copy of the corporation bylaws and a resolution of the Board of Directors which gives authority to the ofiwer, signing this agreement to execute contracts on behalf of the corporation. 15 Docusign Envelope ID: B085BOBC-lABF-8A30-81EA-CD228F25144C
CITY OF YUCAIPA
BIDDER'S BOND — PUBLIC CONTRACT
KNOW ALL BY THESE. PRESENTS:
That
As Principal (herein called "Principal") and
As Surety (herein called "Surety"')
are held and firmly bound unto the City of Yucaipa, a Municipal Corporation of the Stale of California (herein called "Obligee"), in just and lull sum of (5 ► lawful money of the United States of America,
(said sum being equal to 10% of the estimated total amount of the bid) of Principal for the herein described work of improvement, for the payment of which. well and truly to be trade, we hereby bind ourselves and our, and each of our, heirs, executors, administrators, successors, and assigns. jointly and severally, firmly by these presents.
THE. CONDITION OF THE ABOVE OBLIGATION IS SUCH, that
WHEREAS. Principal bidding. or is about to bid, for the following described work of imputnernent. all in accordance with the Notice to Bidders, Proposal Form, Plans. Specifications, and Standard Contractual Requirements of Obligee, therefore.
NOW, THEREFORE, if Obligee shall make an award to Principal for said work of improvement according to the terns of such bid, and Principal shall duly execute, or cause to be executed, and delivered to Obligee the Contract, bonds, and evidence of insurance coverage as. and within the time required by the Standard Contractual Requirements. then this obligation shall be null and void; otherwise. it shall remain in full force and effect.
No extension of time granted to Cite Principal and no change or alteration in any of the terns of the bid or the bid requirements. whether made after notice or note, shall release or otherwise affect the obligations of the Surety hereunder, and the SUrety waives notice of any such extension, change, or alteration. The Surety, by the execution ofthis bond, represents and warrants that this bond has also been duly executed by the Principal with proper authority, and the Surety hereby waives any defense which it might have by reason of any failure of the Principal to execute this bond.
In the event suit is brought upon this bond by the Obligee and judgment is recovered by the Obligee, court costs, including reasonable attorney's fees, shall be an additional obligation of this bond for which Principal and Surety shall be liable.
Signed and Sealer! this Uav of 2026
PRINCIPAL
APPROVED AS TO FORM:
By:
Date:
SURETY
--------------
NOTE TU SURETY COMPANY.
J'leasr .ruhmn a crrr�d cgry nJunrevokrd rrv�han>n �l uurhorrry tirr dN anarrx�•-m-fret. h't)TF Grre oJRO-VD must not ie• Prrrx to the dare o Contract. If CCO s'7R4CTOR is Partnecchwr. all lrwtrrers shnuid csdauk•RJr\'D.LAlPQR7.j.1T_Stvepnrr�r.mk.cenrrung BONDS rnwi alyrrar m the Tre:uwy !Je(`trtmenl's rnny turrcnt ds! (Or-1 u 5.'0 as amwtsis.lJ ark? may he ;wthrna:d to tr, nwcl huyms., in rlx sn'lkr xh rrr dx: PROJECT,., tocated
(SURETY CO. ATTORNEY -IN -FACT)
.ATTACH APPROPRIATE JURAT (S) _
16 Docusign Envelope ID: B085BOBC-IABF-8A30-81EA-CD228F25144C
LIST OF SUBCONTRACTORS
The undersigned is required to till in the following blanks in accordance with the provisions of Section 4104 of the Public Contract Code of the State of California and Section(s) 2-3 of the Standard Spec itications.
Name Under Which License Location of the Specific
Subcontractor is Number Place of Business Description of Licensed Subcontract
Subcontractors listed in accordance with the provision of Section(s) 2-3 must be properly licensed under the laws of the. State of California for the type of work that they arc to perform. Do not list alternate subcontractors for the same work. The undersigned agrees to furnish proof that all contractors and subcontractors performing any work related to this improvement are complying with all the requirements of Social Security Legislation, both State and Federal, and also agrees to conform with the provisions of Sections 4100 to 4113, inclusive, of the Public Contract Code. as amended, concerning subcontractors and subcontracts.
17 Docusign Envelope ID: B085BOBC-1ABF-8A30-81EA-CD228F25144C
REFERENCES
'the following are the names, address and phone numbers for three public agencies for which BIDDER has performed similar work within the past two }ears: 4 additional s1kice is required, please duplicate this .cheer (do not u•rire on the back).
2. 3. -- --
4. is
Docusign Envelope ID: B085BOBC-lABF-8A30-81EA-CD228F25144C
NON -COLLUSION AFFIDAVIT
To he Executed by Bidder and Submitted;vith Bid
State of California
County of
, being tint duly sworn, deposes and says that he or she is of the party making the forgoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded. conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding: communication, or conference with amrone to fix any overhead, profit. or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract on anyone interested in the proposed contract: that all statements contained in the bid are true, and further. that the bidder has not directly or indirectly. submitted his or her bid price or any breakdov%n thereof, or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association. organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.
Contractor
Signature of Bidder
Printed Name and Title
Street Address City State Zip
Place of Residence
(Attach appropriate Notary Acknowledgments)
K
Docusign Envelope ID: B085BOBC-IABF-8A30-81EA-CD228F25144C
SPECIFICATIONS
SECTION 1 - GENERAL PROVISIONS
FOR
REPLACEMENVINSTALLATION OF OPERABLE PARTITION WALLS
AT THE SCHERER COMMUNITY CENTER— PROJECT NO. 11249
1-1. Scope of Work
The contract work for this project consists of the removal and replacement of two (2) operable interior partition walls at the Scherer Community Center. The scope includes removing and replacing 22 interior acoustic wall carpet panels (color TBD), cacti measuring 40'1 I-7;8- x 8'0", and incorporates the following components: two (2) 3'x7' pass doors %vitli push/pull handles, a 1" fixed top seal; a lead panel with bulb seal, 2" retractable bottom seals, and a manually operated last closure panel. All installation work will utilize the existing track suspension system.
The construction and completion of the project indicated above shall be in accordance with the CBC 2025 (Latest Edition) and the Plans and Specifications as prepared for this project. 1-2. Definitions
Whenever in the Standard Specifications. the following terns are used, they shall he understood to mean the following:
;agency: The City of Yucaipa
Board: The flavor and City Council for the City of Yucaipa Engineer: The City Engineer for the City of Yucaipa or Designated Building & Safety Official%Inspector
Laboratory: The laboratory to be designated by the City of Yucaipa to test materials and work involved in the contract.
Notice Advertising For Bids: Notice Inviting Bids.
Standard Specifications: Standard Specifications for Public Forks Construction
Other terms appearing in the Standard Specifications and these Special Provisions, shall have the intent and meaning specified in Section 1-2. " Ih finitions." in the Standard Specifications.
1-3. Location of Work
The eeneral location and limits of the wort: to be completed are within the City of Yucaipa and are described as fbIlows:
Scherer Community Center (12202 1" Street)
91 Docusign Envelope ID: B085BOBC-lABF-8A30-81EA-CD228F25144C
14. Traffic Requirements (if required)
All streets must remain open to public traffic. Temporary street closures may be made with the prior approval of the City Engineer. If street closures are approved by the City Engineer, the Contractor must install signs in both directions seven (7) days prior to closure to inform the public of the dales of the street closure or traffic delay. The Contractor is responsible for providing a pilot car(s), when applicable. Contractor shall notify affected residents, businesses, post office, main transit agency. and trash collection company by mail seven days prior to the start of work.
1-5. Utility Requirements
The Contractor is advised of the existence of the utility notification service provided by UNDERGROUND SERVICE ALERT (USA). USA member utilities will provide the Contractor with the precise location(s) of their substructures in the construction area when the Contractor gives at least forty-eight (48) hours' notice to the Underground Service Alert by calling 1-800-422-4133. Contractor shall contact USA as specified and shall provide the City with proof of contact with proof of contact with USA upon request. The Contractor shall notify the following agencies at least forty-eight (48) hours in advance of excavating around any of their structures. The utility companies listed below can be contacted as indicated:
Organization Contact Name Telephone No.
Southern California Edison — Distribution Michael Cabrera 909-224-4694 Southern California Edison —Transmission Marlen Casas 909-360-6148 Southern California Gas William Lao wliao(g-socalgas.com Western I leight Water Company Mark Iverson 909-790-1901 Frontier Communications Corporation Sean Murphy 909-217-0116 Spectrum Communications Frank Rodrigues 909-322-7341
Omni Trans Melvin Cabana 951403-7986
City of Redlands Paul Toor 909-798-7658
Yucaipa Valley Water District Matthew Porras 909-797-5117 South Mesta Water Company Dave Armstrong 909-795-2401
San Bernardino Valley Municipal Water Wen I Luang 909-387-9223 Yucaipa-Calimesa Unified School District Dave Stevenson 909-797-0174 Yucaipa Disposal Burrtec 909-797-9125
The California Public Utilities Commission mandates that. in the interest of public safety, main line gas valves be maintained in a manner to lx readily accessible and in good operating condition.
The Contractor shall notify the Southern California Gas Company's Headquarters Planning Office at 909-335-7716. at least two (2) working days prior to the start of construction. 'rhe Contractor shall exercise extreme care to protect all existing utilities in place whether shown on the plans or not and shall assume full responsibility for all damage resulting from the Contractor's operations. The Contractor shall coordinate with each utility company as to the requirements and methods for protection of their facilities during the construction period and shal I be responsible for the preparation and processing of any required plans or
Docusign Envelope ID: B085BOBC-lABF-8A30-81EA-CD228F25144C permits. The Contractor shall assume full responsibility to maintain uninterrupted service for all utilities, including temporary service connections.
By submitting; a bid, the Contractor acknowledges that utility work may be done in conjunction with this project. The Contractor shall schedule the work and conduct operations so as to permit access and time for required utility work to be accomplished during the progress of the work. The Contractor shall cowrdinate with each utility company as to the extent of required work and the time required to do so. Southern California Edison, Company. Southern California Gas Company. General Telephone Company, Yucaipa Valley Water District and Southland and/or TCI Cablevision may each install facilities within the project area. Contractor shall coordinate the activities with the utility companies that construction may proceed in an orderly manner. The Contractor shall include this time in the schedule. Payment for the above, including coordination, protection in place and temporary connections shall be deemed as included in the items of work as shown on the Proposal. Bid Sheet and no additional compensation will be allowed. i-6. Flow and Acceptance of Water (if required)
It is anticipated that storm, surface or other waters will be encountered at various times and locations during the work herein contemplated. The Contractor, by submitting a bid, acknowledges that he!shclthey have investigated the risk(s) arising from such waters and has prepared the bid accordingly and Contractor, by submitting a bid, assumes all of said risk.
The Contractor shall conduct operations in such a manner that storm or other waters may proceed uninterrupted along their existing street or drainage courses. Diversion of water for short reaches to protect construction in progress will be permitted if public and/or private properties, in the opinion of the Engineer are not subject to the probability of - damage. The Contractor shall obtain written permission from [fie applicable public agency or property owner before any diversion of water outside street right-of-way will be permitted.
1-7. Standard Specifications
The Standard Specifications of the Agency are contained in the most current edition of the
STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION, LATEST EDITION "GREENBOOK", as written and promulgated by the Joint Cooperative Committee of the Southern California Chapter of the American Public Works Association and the Southern California District of the Associated General Contractors of California.
Copies of these Standard Specifications are available from the publisher: Building News, Incorporated, P.O. Box 3031 Terminal Annex, Los Angeles, California 90051. Phone:
213-202-7775.
The Standard Specifications set forth above will control the general provisions for this Contract except as amended by the Plans. Special Provisions, or other contract documents.
The Section Numbers of the following Special Provisions coincide with those of the said Standard Specifications. Only those Sections requiring amendment or elaboration or specifying options are called out. in case of conflict between the Standard Specifications 22 Docusign Envelope ID: 8085BOBC-1ABF-8A30-81EA-CD228F25144C and the Special Provisions, the Special Provisions shall take precedence over, and be used in lieu of, such conflicting portions.
References in the Special Provisions to 'CALTRANS Standard Specifications" shall mean the Standard Specifications (2003) of the State of California, Department of Transportation. Copies of these specifications and standard drawings may be obtained from: State of California - Department of Transportation. Central Publication. Distribution unit, 6002 Folsom Boulevard, Sacramento, Califomia 95819.
References in the Special Provisions to Standard Plans shall mean the Standard Plans for the City of Yucaipa or other governing agency as specified. Applicable Standard Plans for this project are contained in Appendix A of these Specifications.
Where the Plans or Specifications describe portions of the work in general terms, but not in complete detail, it is understood that the item is to be furnished and installed complete and in place and that only the best general practice is to prevail and that only materials and workmanship of the first quality are to be used. Unless otherwise specified, the Contractor shall furnish all labor. materials, tools, equipment, and incidentals and do all the work involved in executine the Contract.
1-8. Wage Rates and Labor Code Requirements
Wage Rates
The Contractor and all Subcontractors shall be required to adhere to the general prevailing rate of per diem wages as determined and published by the State Director of the Department of Industrial Relations, pursuant to Sections 1770, 1773 and 1773.2 of the California Labor Code. Copies of these rates and the latest revisions thereto are on file in the Office of the Clerk of the Agency and are available for review upon request.
Attention is directed to the provisions of Sections 1774, 1775, 1776, 1777.5 and 1777.6 of the State Labor Code. Sections 1774 and 1775 require the Contractor and all Subcontractors to pay not less than the prevailing wage rates to all workers employed in the execution of the Contract and specify forfeitures and penalties for failure to do so. 'Cite minimum wages to be paid are those determined by the State Director of the Department of Industrial Relations. Section 1776 requires the Contractor and Subcontractors to keep accurate payroll records, specifies the contents thereof, their inspection and duplication procedures and certain notices required of the Contractor pertaining to their location.
This project is funded by Stale and Federal funds. therefore two Prevailing Wage rates apply. whichever is the higher of the two shall be paid. Please visit hops:/f www.dir,ea.gov/OPRL/DPreWagcDctcnnination.htm for the State wage determination information and Appendix D for Federal wage determination information. apprentices
Section 1777.5 requires the Contractor or Subcontractor(s) employing tradesmen in any apprenticcable occupation to apply to the Joint Apprenticeship Committee nearest the site of the public works project and which administers the apprenticeship program if Contractor 21 Docusign Envelope ID: B085BOBC-lABF-8A30-81EA-CD228F25144C employees registered apprentices or joumeypersons in any apprenticeable trade and if other Contractors on the public works site arc making such contributions.
Information relative to apprenticeship standards, contributions, wage schedules, and other requirements may be obtained from the State Director of Industrial Relations or from the Division of Apprenticeship Standards.
Clayton Act and Cartwright Act
Section 4551 of the State Government Code specifies that in executing a public works contract with the Agency to supply goods. services or materials, the Contractor or Subcontractor(s) offers and agrees to assign to the Agency all rights, title and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C., Sec. 15) or under the Cartwright Act (Chapter 2. commencing with Sec. 16700) of Part 2 of Division 7 of the Business and Professions Code, arising from the purchase of goods, services or materials pursuant to the contract or subcontract. This assignment shall become etlective when the Agency tenders final payment to the Contractor without further acknowledgment by the parties.
1-4. Insurance Requirements
Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise front or in connection with the performance of the work hereunder by the Contractor. his agents, representatives, employees, or subcontractors.
Indtmnification
Contractor shall defend, indemnify and hold the City of Yucaipa its officials, officers, employees, volunteers and agents tree and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner which actually or allegedly arise out of or are incident to any alleged acts, omissions, negligence or willful misconduct of Contractor. its otlicials, officers, employees, agents, and subcontractors arising out of or in connection with the performance of the Services. the Project or this Agreement. including without limitation the payment ofall consequential damages and attorneys fees and other related costs and expenses except where caused by the active negligence. sole negligence, or willful misconduct of the City of Yucaipa its officers, officials, employees and volunteers. Contractor shall defend, at Contractor's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings ofevery kind that may be brought or instituted against the City of Yucaipa, its directors, officials, officers, employees, agents or volunteers. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against the City of Yucaipa or its directors. officials, officers. employees, agents or volunteers, in any such suit. action or other legal proceeding.
Contractor shall reimburse the City of Yucaipa and its directors, officials, officers, employees, agents and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided.
Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if any, 24 Docusign Envelope ID: B085BOBC-lABF-8A30-81EA-CD228F25144C received by the City of Yucaipa, its directors, officials, officers, employees, agents or volunteers.
The Contractor agrees to indemnify, defend (with counsel reasonably approved by County) and hold harmless the County and its authorized officers, employees, agents and volunteers from any and all claims. actions, losses, damages, and/or liability arising out of this contract front any cause whatwever, including the acts, errors or omissions of any person and for any costs or expenses incurred by the County on account of any claim except where such indemnification is prohibited by law. This indemnification provision shall apply regardless of the existence or degree of fault of indentnilees. The Contractor's indemnification obligation applies to the County's "active" as well as "passive" negligence but does not apply to the County's "sole negligence" or "willful misconduct" within the meaning of Civil Code Section 2782.
Minimum Scope of Insurance
Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage [Occurrence Form mono 11.
2. Insurance Services Office Form Number CA 000i [Ed. 1/871 covering Automobile Liability. Code 1 [any autol.
3. Worker's Compensation insurance as required by the State of Cahibrnia and Employer's Liability Insurance.
4. Course of Construction insurance covering for "all risks" of loss.
Minimum Limits of Insurance
Contractor shall maintain limits no less than:
1. Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 covering C'GI, on an "occurrence' basis, including products and completed operations, property damage, bodily injury, and personal 8t advertising injury with limits no less than S4000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04). or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: Insurance Services Office Form CA 0001 covering Code 1 (any auto), with limits of no less than S2,O110,000 per accident for bodily in and property damage.
3. Workers' Compensation insurance as required by the State of California, with Statutory Limits, and Employers' Liability insurance with a limit of no less than S1,000,000 per accident for bodily injury or disease.
4. Surety Bonds. Contractor shall provide the following Surety Bonds:
a. Bid Bond
b. Performance Bond
c. Payment Bond
d. Maintenance Bond
The Payment Bond and the Performance Bond shall be in a sum equal to the contract price. If the Performance Bond provides for a one-year warranty a separate Maintenance Bond is not necessary. If the warranty period specified in the contract is 25 Docusign Envelope ID: B085BOBC-lABF-8A30-81EA-CD228F25144C for longer than one year a Maintenance Bond equal to 10% of the contract price is required Bonds shall be duly executed by a responsible corporate surety, authorized to issue such bonds in the State of California and secured through an authorized agent with an office in California.
5. Contractors' Pollution Legal Liability and/or Asbestos legal Liability and/or Fxrors and Omissions (if the project involves environmental hazards) with limits no less than S1,000,000 per occurrence or claim, and $2,000,000 policy aggregate. If the services involve lead -based paint or asbestos identifrcation•'remediation_ the Contractors Pollution Liability policy shall not contain lead -based paint or asbestos exclusions. If the services involve mold identificationlremediation, the Contractors Pollution Liability policy shall not contain a mold exclusion, and the definition of Pollution shall include microbial matter, including mold.
If the contractor maintains broader coverage and/or higher limits than the minimums shown above for all policies, the Entity requires and shall be entitled to the broader coverage and/or higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Entity.
Self -Insured Retentions
Self -insured retentions must be declared to and approved by the Entity. At the option of the Entitv, either: the contractor shall cause the insurer shall reduce or eliminate such self - insured retentions as respects the Entity, its officers. officials, employees, and volunteers:
or the Contractor shall provide a financial guarantee satisfactory to the Entity guaranteeing payment of losses and related investigations, claim administration, and defense expenses.
The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or Entity.
Other Insurance Provisions:
Additional Insured
The Entity, its officers, officials. employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts. or equipment furnished in connection with such work or operations and automobiles owned, leased. hired, or borrowed by or on behalf of the Contractor. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance at least as broad as one of the following ISO ongoing operations forms: CG 20 10 or CG 20 26 or CG 20 33 (not allowed from subcontractors), or CG 20 38; and one of the following ISO completed operations Forms: CG 20 37, 2039 (not allowed from subcontractors), or CG 20 40.
All policies, except for the Workers' Compensation, Errors and Omissions and Professional Liability policies, shall contain endorsements naming the County and its officers, employees, agents and volunteers as additional insureds with respect to liabilities arising out of the performance of services hereunder. The additional insured endorsements shall not limit the scope of coverage for the County to vicarious liability but shall allow coverage for the County to the full extent provided by the policy. Such additional insured 26 Docusign Envelope ID: 8085BOBC-1ABF-8A30-81EA-CD228F25144C coverage shall be at least as broad as Additional Insured (Form B) endorsement limn ISO.
CG 2010.11 85.
Primary Insurance
For any claims related to this project, the Contractor's insurance coverage shall be primary insurance coverage at least as broad as iSO CG 20 01 04 13 as respects the Entity, its officers, officials, employees. and volunteers. Any insurance or self-insurance maintained by the Entity, its officers, officials, employees. or volunteers shall be excess of the Contractor's insurance and shall not contribute with it.
Notice of Cancellation
Contractor shall provide immediate written notice if (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; (3) or the deductible or self -insured retention is increased. In the event of any cancellation or reduction in coverage or limits of any insurance. Contractor shall forthwith obtain and submit proof of substitute insurance.
Acceptability of Insurers -
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best rating of no less than A: VII, unless otherwise acceptable to the Entity.
Waiver of Subrogation
Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the Entity has received a waiver of subrogation endorsement from the insurer. However, the Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of the Entity for all work performed by the Contractor, its employees, agents, and subcontractors.
The Contractor shall require the carriers of required coverages to waive all rights of subrogation against the County, its officers, employees, agents, volunteers, contractors and subcontractors. All general or auto liability insurance coverage provided shall not prohibit the Contractor and Contractor's employees or agents from waiving the right of subrogation prior to a loss or claim. The Contractor hereby waives all rights of subrogation against the County.
Policies Primary and Non -Contributory
All policies required herein are to he primary and non-contributory with any insurance or seif-insurance programs carried or administered by the County.
Verification of Coverage
Contractor shall furnish the Entity with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language affecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to Entity before work begins. however, It
Docusign Envelope ID: B085BOBC-lABF-8A30-81EA-CD228F25144C failure to obtain the required documents prior to the work beginning shall not waive the Contractor's obligation to provide them. The Entity reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time.
Subcontractors
Contractor shall require and verity that all subcontractors maintain insurance meeting all the requirements stated herein. and Contractor shall ensure that the Entity is an additional insured on insurance required from subcontractors. For CGL coverage subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13.
Special Risks or Circumstances
Entity reserves the right to modify these requirements. including limits, based on the nature of the risk. prior experience, insurer. coverage, or other circumstances.
Severability of Interests
The Contractor agrees to ensure that coverage provided to meet these requirements is applicable separately to each insured and there will be no cross -liability exclusions that preclude coverage for suits between the Contractor and the County or between the County and any other insured or additional insured under the policy.
Proof of Coverage
The Contractor shall furnish Certificates of Insurance to the County Department administering the contract evidencing the insurance coverage at the time the contract is executed, additional endorsements. as required shall be provided prior to the commencement of perlbrtnance of services hereunder, %vhich certificates shall provide that such insurance shall not be terminated or expire without thirty (30) days written notice to the Department, and Contractor shall maintain such insurance from the time Contractor commences performance of' services hereunder until the completion of such services.
Within fifteen (1 5) days of the commencement of this contract, the Contractor shall famish a copy of the Declaration page for all applicable policies and will provide complete certified copies of the policies and endorsements immediately upon request.
Deductibles and Self -Insured Retention
Any and all deductibles or sell -insured retentions in excess of b 10.000 shall be declared to and approved by Risk I'vlanagement.
Failure to Procure Coverage
In the event that any policy of insurance required under this contract does not comply with the requirements, is not procured, or is canceled and not replaced, the County has the right but not the obligation or duty to cancel the contract or obtain insurance if it deems necessary and any premiums paid by the County will be promptly reimbursed by the Contractor or County payments to the Contractor will be reduced to pay for County purchased insurance.
Insurance Review
Insurance requirements are subject to periodic review by the County. The Director of Risk Management or designee is authorized, but not required, to reduce, waive or suspend any insurance requirements whenever Risk Management determines that any of the required 28 Docusign Envelope ID: B085BOBC-IABF-8A30-81EA-CD228F25144C insurance is not available. is unreasonably priced, or is not needed to protect the interests of the County. In addition, if the Department of Risk Management determines that heretofore unreasonably priced or unavailable types of insurance coverage or coverage limits become reasonably priced or available. the Director of Risk Management or designee is authorized, but not required, to change the above insurance requirements to require additional types of insuramce coverage or higher coverage limits, provided that any such change is reasonable in light of past claims against the County, inflation. or any other item reasonably related to the County's risk.
Any change requiring additional types of insurance coverage or higher coverage limits must be made by amendment to this contract. Contractor agrees to execute any such amendment within thirty (30) days of receipt.
Any failure, actual or alleged, on the part of the County to monitor or enforce compliance with any of the insurance and indemnification requirements will not be deemed as a waiver of any rights on the part of the County.
29 Docusign Envelope ID: B085BOBC-lABF-8A30-81EA-CD228F25144C
SPECIFICATIONS
SECTION 2 - SPECIAL PROVISIONS
FOR
REPLACEMENVINSTALLATION OF OPERABLE PARTITION WALLS
AT THE SCHERER COMMUNITY CENTER - PROJECT NO. 11249
2-1. Time of Completion and Liquidated Damages
Time of Completion
If awarded the Contract, the undersigned agrees to start work on this project within ten (10) working days or as otherwise directed by the City Engineer in accordance with these specifications and agrees to complete the work within twenty (10) working days from the Notice to Proceed. New walls shall be installed immediately following removal.
In case all the work called for is not completed in all parts and requirements within the time specified. the CITY shall have the tight to grant or deny an extension of time for completion, as may seem best to serve the interest of the City. The Contractor will not be assessed with liquidated damages during the delay in the completion of the work caused by acts of God or of the Public Enemy, acts of the State. fire not due to acts of Contractors or Subcontractors. floods. epidemics, quarantine, restrictions, strikes, freight embargo or unusually sever weather or delays of Subcontractors due to such causes provided that the Contractor shall, within ten (10) calendar days from the beginning of such delay, notify the City, in writing, of the cause of the delay. The City will ascertain the facts and the extent of the delay, and the findings thereon shall be final and conclusive.
Liquidated Damages
Time is of the essence on this Contract and should the Contractor fail to finish the work on or before the time stated above, the Contractor shall be charge by the CITY, as liquidated and ascertained damages, the sum of five Hundred Dollars (S500-00) for each working day that the work remains incomplete beyond the date(s) specified (subject. however, to extension of time duly grained in the manner and for the causes specified above) it being hereby expressly impracticable and extremely difficult to fix the actual damage which would or will be suffered in the event that the Contractor should fail fully to complete the work within the time specified and it would be further agreed that the charges per day as atiuementioned shall be reasonable and proper in premise. The amount. so charged shall tx deducted by the CITY from any monies which may otherwise be or become payable to the Contractor.
Specifications
The specifications showing character of the work and details of construction are on file at the office of the City Engineer, located at 34272 Yucaipa Boulevard, Yucaipa, California 92399.
KE
Docusign Envelope ID: B085BOBC-lABF-8A30-81EA-CD228F25144C Estimates of quantities appearing in these specifications, Notice to Bidders and Proposal Form are merely entered for the convenience of the Contractor's bidding on this project and as a check of the independent estimates that are required by the Contractor's to be made in the field before bids are submitted. It must be understood that payment to the successful Contractor will be made on the basis of the unit prices for the various items of work and on the actual quantities of work done as measured in the field by the Cit), Engineer.
Copies of the Plans and Specifications and Proposal Form may be inspected and obtained at the office of the City Engineer.
2-2. Work Schedule
Time Schedule
Normal Rork Schedule: The Contractor shall accomplish all construction work between the hours of 7:00 A.M. and 601 P.M. during the normal work week.
Monday through Friday. Deviation from these hours will not be permitted without the prior consent of the Engineer, except in emergencies involving immediate hazard to persons or property. In the event of either a requested or emergency deviation, inspection service fees will be charged against the Contractor. The service fees will be calculated at overtime rates, including hLriefits, overhead and travel time.
Wort: Schedule
The Contractor shall distribute notices about various construction operations to affected residents mid commercial establishments 48 hours prior to start of work. In the event the work is not accomplished on the scheduled day, a 48-hour notice is required for the reschedule.
The Contractor shall submit to the City Engineer a schedule indicating the sequence of work, estimated time for completion of requested portions of the project and the method of operation required to complete those portions in the time specified. The Contractor's schedule shall be submitted to the City Engineer prior to commencing operations at any location. Contractor shall not leave any streets unpaved during weekends unless approved by the Engineer.
2-3. 'Traffic Control - Costs included In All Other Contract Items - No Additional Compensation Will Be Paid (If Required)
Notification
The Contractor shall notify the following CITY Departments twenty-four (24) hours prior to the start of work on this project and twenty-four (24) hours prior to the closing or opening of a street or alley within the City of Yucaipa:
Docusign Envelope ID: B085BOBC-lABF-8A30-81EA-CD228F25144C
YUCAIPA PUBLIC WORKS DEPARTMENT
Notify. Public Works Inspector (909) 797-2489
YUCAIPA POLICE DEPARTMENT
Notify Trdlic Division (909) 790-3105
YUCAIPA FIRE DEPARTMENT
Notily Dispatcher's Oliice (909) 797-1000
The Contractor shall submit and obtain City approval for traffic control and detour plans prior to the commencement of operations on a street. Traffic control and detour plans shall be based on the most recent CALTRAN'S Manual of Traffic Control for Construction and Maintenance Work Zones.
The Contractor shall furnish, maintain, and install, (seven (7) days prior to the start of work) all dated "TEMPORARY NO PARKING" signs. The Contractor will be responsible for posting, removing and maintaining these signs as required for this prujLcL.
Parking and Access to Residents' Driveways
The Contractor shall comply with the requirements of Paragraph 7-10 of the Standard Specifications with reference to the need for minimizing the inconvenience caused to residents. Access to property owners shall remain open at all times.
Construction Signs
All signs used by the Contractor shall conform to the standards of the "Manual of Traffic Controls," issued by the Department of Transportation, State of California, current edition.
All warning, regulatory and construction signs shall be fully reflectorizxd. The traffic cones to be used shall be eighteen inches (I") in height, rubber or plastic and be relleclorized.
Contractor's Responsibility
The Contractor shall take all necessary measures to obtain a normal flow of traffic to prevent accidents and to protect the work throughout the construction stages until completion of the work. The Contractor shall be responsible for implementing traffic control plan based on the most recent CALTRANS Manual of Traffic Control for Construction and Maintenance Work Zones. The Contractor shall make the necessary arrangements to provide and maintain barriers, cones. guards. barricades and construction warnings and regulatory signs. The Contractor shall take measures necessary to protect all other portions of the work during construction and until completion providing and maintaining all necessary barriers, barricade lights, guards, temporary crossovers and watchmen.
32 Docusign Envelope ID: B085BOBC-lABF-8A30-81EA-CD228F25144C In addition to the foregoing traffic control and safety measures, the Contractor shall undertake immediately to implement any measures requested by the City Engineer, as defined necessary to ensure the proper flow of traffic and the protection of the public and the safety of the workers. The Contractor shall maintain at all times the ability to respond to calls from the Yucaipa police Department during non -working hours to replace or provide additional traffic control or safety devices as shall be required by the Police Department.
Flashing Arrow Signs
The Contractor shall furnish and maintain flashing arrow signs (FAS) during lane closures on arterial streets. The City Engineer shalt determine when FAS is required at any location.
The entire cost for traffic control as detailed in this Section and as required for this construction shall he included in the prices bid for the various items of work. No additional compensation will be paid.
2-4. Utilities: Contractor's Responsibility
The Contractor shall verify the location of all underground utilities and services before proceeding with the excavation work. requesting in advance the services of inspectors from the utility companies in order to ascertain said locations. The Contractor shall protect in place all electrical vaults, water valves, sewer, storm drain, and telephone manholes to ensure proper adjusting of these to street grade. Damage to underground utilities resulting from neglect on the pan of the Contractor shall be corrected and paid for by the Contractor.
Notification
The Contractor shall notify all owners of public utilities foray -eight (48) hours in advance of excavating around any of the substructures and shall also provide the same notice to Underground Service Alert of Southern California. telephone number 1 (800) 422-4133.
Upon request. the City Engineer will furnish the Contractor a list of the various offices and numbers to call.
The Contractor shall notify all residents adjacent to project areas in writing forty-eight (48) hours in advance of commencing work.
Interference (Utilities in Use)
Utilities which are Bound, by exploratory location or by excavation to interfere with the construction of this project will be relocated, altered, or reconstructed by others. or the City Engineer may order changes in location, line or grade of the project structure, to be built in order to avoid said utility. The cost of such changes will he paid for as described in Section 2-10 of these Specifications.
Interference (Abandoned Utilities)
Abandoned utilities that interfere with the construction of any portion of this project may he cut by the Contractor, the interfering portion of the utility removed, and open ends of the pipe sealed with a suitable plug or cap. The cost of this work shall be included in the
Docusign Envelope ID: B085BOBC-1 ABF-8A30-81 EA-CD228F25144C unit prices bid for the particular items of work where such interference occurs unless otherwise specified.
2-5. Permits (If Necessary) // v 7
Prior to the commencement of the work, the Contractor will obta4 n encroachment permit at no cost from the C itv of Yucaipa Public Works • nd Buiiding arid S-aFct_yT eipartmenTs located at 34272 Yucaipa boulevard. Yucaipa, Californ a permits f tT—e tl ept in a readily available place on the job site at all times during construction.
R'hile no fee will be charged for the permit, no permit will be issued unless the Contractor provides a code reference number from USA confirming they have received appropriate advance notification as required in Section 2-05.2 above. 2-6. Additional Work and Extra Work
The City reserves the right to order additional works over and above the quantities listed in the Proposal Form. In the event that additional work is required and is so ordered by the City Engineer, payment to the Contractor will he based on the actual quantity- of additional work ordered and measured in the field by the City Engineer and will be paid for at the lump sum price bid by the Contractor. Likewise, the City reserves the right to order extra work not shown on the plans and not listed in the Proposal Form. Any extra work done shall conform to the provisions of Section 3.3, "Extra Work," or the Standard Specifications. subject to the restrictions of Section 20452 and 20455 of the Public Contract Code. However, equipment rental rates and labor rates shall conform to State of California Business and Transportation Agency, Department of Transportation, Division of Construction, "LABOR AND EQUIPMENT RENTAL RATES," latest edition, unless the extra work is done fin a negotiated price.
2-7. Increased or Decreased Quantities
If the total pay quantity of any item of work subject to the provisions in Section 3-2.2.1, "Contract Unit prices', "increased or decreased quantities." of the Standard Specifications varies by more than 25 percent. compensation payable to the Contractor will be determined in accordance with said Section 3-2.2.1 and these Special Provisions.
The total of all contract and subcontract administrative, bonds and insurance, overhead and profit costs for extra work for which unit prices have not been established in the original contract shall not exceed 20 percent.
When the compensation payable 1br the number of units of an item of work performed in excess of 125 percent of the Engineer's Estimate is less than S1,500.00 at the applicable contract unit price, the Engineer reserves the right to make no adjustment in said price if he so elects, except that an adjustment will be made if requested in writing by the Contractor. Such Contractor's request shall be accompanied by adequate, detailed data to support costs of the item.
Should the total pay quantity ofany items of work required under the contract be less than 75 percent of the Engineers Estimate, therefore, the Engineer reserves the right to make no adjustment in said price if he so elects, except that an adjustment will be made if IE
Docusign Envelope ID: B085BOBC-lABF-8A30-81EA-CD228F25144C requested by the Contractor. Such Contractor's request shall be accompanied by adequate. detailed data to support costs of item.
1-8. Payment
Upon completion of the assigned work by the Contractor an acceptance of the work by the City Fngineer. the Contractor shall submit an invoice for said work based on mutually agreed quantities. The payment will be made on the basis of the amount of mutually agreed work completed, less five percent (5%) retention. The final payment will be made approximately, thirty-five (35) days after acceptance of the work by the City Council and recordation by the County. The City Engineer may release portions of the retention prior to City Council acceptance.
2-9. Safety Regulations
'flte Contractor shall comply with the requirements set forth in Section 7-10.4.1 of the Standard Specifications.
2-10. Avoidance of Dust Nuisance
During the process of breaking and removal of any material from the site of the prgject and until completion of the contract work, the Contractor shall take all necessary measures in order to avoid the nuisance of excessive dust. Refer to Section 7-8.1 of tlx: Standard Specifications.
2-11. Recycling of Materials and Non -Storm Water Discharges The City of Yucaipa will provide the necessary waste containers for material disposal Discharges into Storm Drain
Storm water/urban runoff discharges to the public storm drainage system shall be prohibited for all discharges not wholly comprised of storm water or permitted by a valid National Pollution Discharee Elimination System (NPDL•S) permit issued by the California Regional Water Quality Control Board and the City of Yucaipa- " Stonn drain system" includes all roads with drainage systems, municipal streets. catch basins, curbs. gutter, ditches. man-made channels. storm drain or pipes or culverts. The Contractor shall prevent all non -storm water discharges from the construction site (i.e.. mixing and cleaning materials. concrete washout, and disposal of paints, adhesives. solvents and landscape products). Only clear water shall enter the storm drain system.
IR
Docusign Envelope ID: B085BOBC-lABF-8A30-81EA-CD228F25144C ('it) M Yucaipa -
SPECIFICATIONS
SECTION 3 -
CONSTRUCTION MATERIALS AND METHODS
FOR
REPLACE MENVINSTALLATION OF OPERABLE PARTITION WALLS
AT THE SCHERER COMMUNITY CENTER — PROJECT NO. 11249
3-1. Removal and Disposal of Materials
All materials removed must be hauled away from the project site and legally disposed of andfor recycled at a site located outside the city limits of the City of Yucaipa.
The City of Yucaipa will provide the necessary waste containers for material disposal. 3-2. Avoidance of Dust Nuisance
The Contractor shalt take all necessary measures in order to avoid the nuisance of excessive dust resulting from the process ofbreaking, reconstructing and removing any materials on the project site. Such measures shall be employed for the duration of the contract cork.
Refer to Section 7-8.1 of the Standard Specifications lbr Public Works Construction (Green book).
3-3. Storage of Materials in Public Streets
The Contractor shall comply with the requirements set forth in Section 7-10.2 of the.
Standard Specifications.
3-4. Materials and Methods Additions
None.
3-5. Mobilization
GENERAL. - Mobilization shall comply with the requirements of Section 9-3.4, -Mobilization.- of the Standard Specifications.
PAYMENT- Work under this item shall be paid for under various bid items. Said price includes full compensation for furnishing all labor, materials, tools, equipment and for doing all the work specified herein. No additional compensation will be paid. 3-6. Bid Items
ITEM NO. I - Remove and dispose of existing partition walls (The City of Yucaipa will provide the necessary dumpster(s) for material).
PAYMENT -- The contract unit price paid per Lump Sum for "Remove and dispose of existing partition walls (The City of Yucaipa will provide the necessary dumpster(s) for material)" shall include full compensation for furnishing all labor, materials, tools, 36 Docusign Envelope ID: B085BOBC-lABF-8A30-81EA-CD228F25144C equipment, and incidentals, and for completing all required work involved in the removal and disposal of the existing partition walls according to the City furnished structure per the plans. specifications and as directed by the Engineer. and no additional or separate compensation will be allowed therefore. The City of Yucaipa will provide the necessan waste containers for material disposal.
ITEM NO. 2 — Procurement and installation of Modcrco -- Signature 842 Operational Partition (Panels Only) — Acoustic A!all Carpet (color TBD) or approved equal.
PAYMENT — The contract unit price paid per Lump Sum for "Procurement and installation of Moderco — Signature 842 Operational Partition (Panels Only) — Acoustic Wall Carpet (color TBD) OR APPROVED EQUAL" shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for completing all required work involved in the procurement and installation of 22 acoustic wall carpet panels (color TBD), each measuring 40'11-7/8" x 8'0", and incorporates the following components: two (2) YxT pass doors with push/pull handles, a I" fixed top seal, a lead panel with bulb seal. 2" retractable bottom seals, and a manually operated last closure panel. All installation work will utilize the existing track suspension system according to the City furnished structure per the plans, specifications and as directed by the Engineer, and no additional or separate compensation will be allowed therefore.
IN
Docusign Envelope ID: B085BOBC-1 ABF-8A30-81 EA-CD228F25144C
APPENDIX A
CONTRACT AGREEMENT DOCUMENTS
Docusign Envelope ID: B085BOBC-lABF-8A30-81EA-CD228F25144C
AGREEMENT
TIIIS AGREEMENT is made and entered into this day of __ _ 2026, by and between dtc Cite of Yucaipa, a municipal corporation, hereinafter referred to as "City", and located at
Contractor / Company Name
Street Address
I iereinaller. referred to as "Contractor"
City — State Zip Code Phone
PROJECT: REPLACEMENT/INSTALLATION OF OPERABLE PARTITION WALLS AT 111F:
SCHERER COMMUNITY CENTER — PROJECT NO. 11249
WITNESSF.TH. in this consideration of their covenants, the parties hereto agree as follows:
1 he contract documents for the Project shall consist of the Notice inviting Scaled Bids, Instructions to Bidders.
Proposal. General Specifications, Standard Specifications. Special Provisions, Plans, and all referenced specifications and appendices; together with this Agreement and all required bonds, insurance certificates. permits, notices, and affidavits; and also including any and all addenda or supplemental agreements clarifying, amending, or extending the work contemplated as may be required to insure its completion in an acceptable manner (collectively, the "Contract Documents"). The Contract Documents are made a part hereof as though fully set fixth herein.
In amsideration of such work, City agrees to pay Contractor and Contractor agrees to accept the sum of and No/Cents, (S_,_in the manner
provided in the Contract Documents and subject to adjustment provided therein.
Concurrently with the execution of this Agreement, Contractor shall file with the City the bonds and certificates of insurance specified in the Contract DOCUlnents mid subject to adjustment provided therein.
Ibis Contract shall not be assigned without the written pennission of the City Council.
IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and )car first shove written.
ATTEST: CITY OF YUCAIPA
A Municipal Corporation
Ana V. Sauseda, CMC Date Dr. Scan M. Moore, City Manager Date Director of General Services'Cin
Clerk
FUNDS AVAILABLE: CONTRACTOR:
Philip White, Director of Date Date
Administrative Services
Fermin Preciado, Director of Date
Development Services'City Engineer
APPROVED AS TO FORM:
Steven Graham, City Attorney Date
39 Docusign Envelope ID: B085BOBC-1ABF-8A30-81EA-CD228F25144C
CONTRACTOR'S PAYMENT BOND
Public Contract
KNOW ALL BY THESE PRESENTS: That
As Principal (herein called "Principal") and
As Surety (herein called "Surety")
are held and firmly bound unto the Cit)• of Yucaipa, a Municipal Corporation ofthe State of California (herein called "Ohligee"), injust and full sum of ($ ), lawful money ofthe United States of America- (said sum being equal to 1001' ofthe estimated amount payable by the tents hereinafter described Contract) for the payment of which, well and truly to be made, we hereby bind ourselves and our. and each of our. heirs, executors; administrators, successors, and assigns. jointly and severally, firm) b) these presents.
THE CONDITION OF 11-11E ABOVE OBLIGATION IS SUCH. That WHEREAS, Principal has been awarded a Contract for the following described work of improvement and is required by Obligee to give this bond in connection with the execution of the written Contract therefore,
NOW, HIEREFORE, if Principal or his sukontractors shall tail to pay for any materials, provisions, provender or other supplies, or teams, used in, upon, for, or about the performance of the work contracted to to done, or for any work or labor thereon of any kind, or fix amounts due under the Unemployment Insurance Act with respect to such work or labor, the Surety will pa) for the same, in an amount not exceeding the sum specified above, and also in case suit is brought upon this bond, a reasonable attorney's lec to be fixed by the court. This bond shall insure to the benefit of arty and all persons entitled to file claims under the Civil Code so as to give a right of action to them or their assigns in anv suit brought upon the bond.
No extension of time granted to the Principal and no change or alteration in any of the terms of the Contract or the Contract documents or the work to be performed hereunder, whether made after notice of not, shall release or otherwise affect the oblieations of the Surety hereunder, and the Surety waives notice of any such extension. change, or alteration. 1'hc Surety. by the execution of this bond, repreients and warrants that thhis bond has also been duly executed by the Principal with proper authority, and the Surety hereby waives any defense, which it might have by reason of any failure of the Principal to execute or properly execute this bond.
In the event suit is brought upon this bond by the Obligee and judgment is recovered by the Obligee. court costs, including reasonable attorneys fees, shall be an additional obligation of this bond for which Principal and Suret) shall be liable.
Signed and sealed this __- _--- - day of _—_ —_ 2026.
PRNCIPAL --
APPROVED AS TO FORM:
By:
Date:
SURETY
vOtE W SURE TFCOMPANI}
Plea. suhmit d crrmi/inJ copy n,f + r kzd re, f. . of amh, (. fo+ lhr .uGrrne)-m-fa.'! S'u" : !lane rj 11p,1 h muss n I tt prun m drat of C'a wrr lj f0!.TR1C70RuPunne•rxhrp. a!lpanrt.rs rRarhlrn-cute BOND. 1AIFO T,1NT; S+yen- romparrws c Ulmg ROA11i mn.r! ap;x::r rvr 11k T ra:uun Uµwtm.•n!'s maU �u� trot l+xl !C rr. vA+r S,`p.tr am:nrkd/ nro,J uw.cr lrr ardlwrcrdlu rnm.a,n ha.eartsr rn rhr malt a Ju•rr A. PROA(T a 1-alrrl
(SURETY CO. ATTORNEY -IN -FACT)
ATTACH APPROPRIATE IURAT (S)
Docusign Envelope ID: B085BOBC-lABF-8A30-81EA-CD228F25144C CERTIFICATE: OF INSURANCE
This is to certify that the following endorsement is part of the policy(ies) described below:
Named Insured (Contractor)
Address:
Coaipanics Affording Coverage:
Pokey
Number
Company
I AJkC
Coverage
Expiration
Date
B.I.
Limits
P.D.
Aggregate
_
Automobile Liability
General Liabilitv
Product / Completed Operation
_
Blanket Contractual
_
Contractor's Protective
_
_
PersonalInjury
- V
Other
- -
Excess Liability
Worker's Compensation
--
It is hereby understood, and agreed, that the City of Yucaipa, Its City Council and each member thereof and every officer and employee of the City shall he named as a joint and several assurLds with respect it) claims arising out of the following project:
It is further agreed that the following indemnity agreement between the City of Yucaipa and the named insured is covered under the Policy. Contractor agrees In indemnify, hold harmless and defend Citv. its City Council and each member thereof and every officer and employee of City from any and all liability or financial loss resulting from any suits, claims. losses or actions brought against and from all cost and expenses of litigation brought against the City, its City Council and each member thereof and any officer or employee of City which results directly or indirectly from the wrongful or negligent actions of contractor's officers. employees, agents or others employed by contractor while engaged by contractor in the (performance of this agreement) construction ofthis project.
It is further agreed that the inclusion of more than one assured shall not operate to increase the limit of the company's liability and that insurer waives any right on contribution with insurance which may be available to City of Yucaipa. In the event of cancellation or material change in the above coverage. the company will give forty-five (45) days written notice of cancellation or material change to the certificate holder.
Except to certify that the policy(ies) described above have the above -endorsement attached, this certificate or verification of insurance is not an insurance policy and does not attend, extend or after the coverage afforded by the policies listed herein. Notwithstanding any requirement, term. condition of any contract or other document with respect to which this certificate or verification of insurance may be issued or may pertain, the insurance afforded by the policies described herein is subject to all tents, exclusions and conditions of such policies.
Date: BY:
Agency: Title_
Address:
IF
Docusign Envelope ID: B085BOBC-IABF-8A30-81EA-CD228F25144C CERTIFICATE: OE' INSURANCE
Worker's Compensation
WHEREAS, the City of Yucaipa has required certain insurance to be provided by:
NOW, THEREFORE. the undersigned insurance company does hereby certify that it has issued the policy or policies described below to the following named insureds and that the same are in force at this time.
This certificate is issued to: City of Yucaipa, City Hall, 34272 Yucaipa Boulevard, Yucaipa, CA 92399.
The insureds under such policy or policies are:
3. Worker's Compensation Policy or Policies in a form approved by the Insurance Commissioner of California covering all operations of the named insureds. as follows:
Policy Number Effective Date Expiration Date
4. Said policy or policies shall not be canceled_ nor shall there be any reduction in coverage or limits or liability, unless and until thirty (30) days written notice thereof has been served upon the City Clerk of the City of Yucaipa.
APPROVED AS TO FORM:
Citv Allornev
Datc:
42 Docusign Envelope ID: B085BOBC-1ABF-8A30-81EA-CD228F25144C
APPENDIX B
CDBG
Docusign Envelope ID: B085BOBC-1ABF-8A30-81EA-CD228F25144C tiAN lir:KtiARllI%'O
COUNTY
Community Develc,pment acid Musing
(C:DH)
CONSTRUCTION CONTRACT
LABOR COMPLIANCE PROVISIONS
(Attachment D)
45 Docusign Envelope ID: B085BOBC-IABF-8A30-81EA-CD228F25144C
NOTICE TO BIDDERS
COUNTYWIDE VISION
The project(s) implemented with these runds assist in meeting an elonrenl of the Countywide Vision for sustainable infrastructures and housing as adopted by the County Board of Supervisors and San Bernarcino County Transportation Authority on June 30, 2011,
PROJECT FUNDING SUBJECT TO FEDERAL PREVAILING WAGE REQUIREMENTS Bidders are advised that federal finds are being used for this project and that as a result, certain requirements are to be imposed, depending upon the source of the federal funds Sources may include Community Development Block Granl (CDBG) funds. Neighborhood Stabilization Program (NSP) funds andlar HOME Investment Partnerships Program (HOME) funds. Tee utilization of these federal funds or! a project will require the payment of federal prevailing wages under the Davis -Bacon and Related Acts f-DBRA") (40 USC §3142. 4o USC §§ 276a-276a-7, 29 CFR Part 5). which will be enforced when the contract amount for the Prime Contract exceeds S2.000, The Prime Contractor is responsible far ensuring all Sutxxntractor(s) and lower tier Subcontractor(s) comply with DBRA Also, Federal Labor Standards Provisions (HUD-4010) apply and are attached.
A copy of the Federal Prevailing Wage Oec,sion. tie dale of which reflects .ne latest applicable fnodificalion at the lame of The bid advertisement, shall be included Bidders shall be notified, via Addendum, of modifications. if any, which supersede that modification included herein. up until a minimum of ten days prior to the actual Bid Opening for this project. 6 drier can obtain Davis -Bacon Act Wage OCCISiOo(S) at. hllns.�. _�urt.:x3vrcoatznlrhon•e.
Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity - The b.daers attention is called to tl•e "Equal Oppotunity Clause' ar•d 'Standard Federal Equal Employment Specifications" contained in the bid package, Goals and timelabtes for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area. is 19% for minorities and 6.9% for women.
PROJECT FUNDING SUBJECT TO STATE PREVAILING WAGE REQUIREMENTS Bidder is advised .itd certify by bidding on this project that bidder (.ncluding any acid all sub- contractors) is aware of the requirements of California Labor Code Sectons 1720 el seq. and 1770 el seq. as well as California Code of Regulations, Title 8, Section 16000 et seq ('Prevailing Wage Laws'). which require the payment of prevailing wage rates and the performance of other requirements on certain -public works' and 'maintenance" projects. Section 1720 of the California Labor Code states in part 'For purposes of this paragraph, 'construction includes work performed during the design. site assessmentfeasibility study. and other preconstruction phases of construction ircluding. but not invited to, inspection and law surveying work, regardless of whether any further construction work is conducted. and work performed during the post -construction phases of construction. including, but not limited to. all cleanup work at the lobsile - If the ServiceslScope of Work are being performed as part of an applicable "public works- or 'maintenance" project, as defined by The Prevailing Wage Lam. aril if the total compensation ;s S1,0W or mare Contractor agrees to fully comply with such Prevailing Wage Laws Contractor shalt make copies of the prevacmg rates of per diem wagon for each craft. classification or type of worker needed to execute the Services/Scope or Work available to +Heresled parties upon request and shall post copies at the Contractor's principal place of business and at the project site. Contractor will also adhere to any other applicable requirements, including but riot limited to. lnose regarding the employment of apprenticestravel and
Docusign Envelope ID. B085BOBC-1 ABF-8A30-81 EA-CD228F25144C subsistence pay. retention and inspection of payroll records, workers compensation arxl forfeiture of penal! -es prescribed in the Labor Cade for violations. Contractor shall defend. indemnify and hold the County, its elected officials, officers employees and agents free and harmless from any bairns, liabilities. costs• penalties or interest arising out of any failure or alleged failure to comply with Prevailing Wage Laws
Upon request by bidder a copy of the Director's Generat Prevailing Wage Determinaton(s), the date of which reflects the latest applicable rncdificalon at the time of this bid advertmement A0 be furnished Bidders shalf be notified, via Addendum, of mcdifcations, if any.. which supersede that wage determination Ladder can obtain a copy of the Directors General Prevailing Wage Determination(s) at:him
PROJECT(S) SUBJECT TO FEDERAL AND STATE PREVAILING WAGE REQUIREMENTS When the project(s) is subject to both the State (CA) and Federal (Davis -Bacon) prevailing wage rate laws, and when federal funds trigger prevailing wage requirements as determined under the Davis Bacon Act, the higher of the two, the State prevailing wage rate and ilia Davis -Bacon (federal) wage rate and the most restricted prevailing wage regulalion(s) will apply to each job classification. and the pi unless applicable law requires otherwise.
PROJECTIS) SUBJECT TO BUILD AMERICA BUY AMERICA ACT REQUIREMENTS Bdder is adv,sed and certify by bidding on this project that odder (including any and all sub -contractors) is aware of the requirements for the Buy Amerce Preference, imposed by the Bard America. Buy America Act (BABA). under Division G, Tille IX of the Infrastructure Investrnen; and Jobs Act (IIJA, PUB. L. No. 117.58 and 2 CFR 184) signed mic, law on November 15, 2021 Bidder can obtain Build America. Buy America Act information at � 1 :
Docusign Envelope ID: B085BOBC-1ABF-8A30-81EA-CD228F25144C
TABLE OF CONTENTS
• CONSTRUCTION CONTRACT PROVISIONS -- DEFINITIONS
• BUILD AMERICA. BUY AMERICA ACT
• LABOR COMPLIANCE REQUIREMENTS
• REQUIRED DOCUMENTS (including eDocumentsi
• FEDERAL LABOR STANDARDS PROVISIONS (HUD 4010)
• SECTION 3 24 CFR 75 PART, SUBPART A-D
• AFFIRMATIVE ACTION COMPLIANCE GUIDELINES FOR CONSTRUCTION AND
NON -CONSTRUCTION CONTRACTORS
• EQUAL OPPORTUNITY CLAUSES
• CERTIFICATION OF COMPLIANCE WITH AIR AND WATER ACTS
• SAMPLE DOCUMENTS
• DAVIS-BACON WAGE DETERMINATION
Docusign Envelope ID: B085BOBC-1ABF-8A30-81EA-CD228F25144C
CONSTRUCTION CONTRACT PROVISIONS -DEFINITIONS
The foGuwing are definitions of State and federal provisicnsrcccuments for federally -assisted projects.
N T : Please refer to the 'Required Documents" table for any documents to be completed and submitted for this project. The term 'Contractor- or 'Contractor's' are used throughout this document and may refer to the Prime Contractor Subcontractor andlor lower tier Subcontracts See the 'Required Documents- table for informaton on which Conuac(or(s) are required to submit each document Affirmative Action Compliance Guidelines for Construction or Non -Construction Contractors - Genera y, affirmative action requirements apply to contracts and subcontrarts �n excess of $10,000. This document provides guidelines to assist all Contractors, as identified on the 'Required Documents" table, meet afiumative action and Equa' Employment Opportundy requirements set forth in federal regulations 41 CFR 60.
Affirmative Action Compliance Form For Construction Contracts Over $10.000 (LCF D616-2.2) - eDccumenl. affirming all Contractors, as identified cn the -Required Documents' table, understanding and implementation of Affirmative Action Compliance requirements.
Authorization For Payroll Deduction(s) (LCF 16-1.4) - e0ocument signed by any employee of the Contmclor, as identified on the -Required Document=- table, who has -Other;Garnish" payroll dedur-ton Bid Bond - A bid guarantee of al least 10% of the contract price is required from each btdder anal must he submitted with the Bid.
Build America, Buy America Act (BABA) - Requires that all iron and steel, construction materials, and macufacturod preducls used in rederally-funded mfraslruclure projects are produced :n the Unites States.
The Prime Contractor is responsible to include Build America. Buy America lanquage in all executed SubcontractorlSub-Tier contracts for the projecl(s).
Business Certification - Business ce6fica6un includes Disadvantaged Business Enterprise (DBE) - Drsadvantagec Veteran Business Enterprise (DVBE) - Local Business Enterprise (LBE) - Minority Business Enterprise 11r1BE I - Small Business Enterprise (ESBE) - Wornen Bus ness Enterprise ('NBE; Certificate of Owner's Attorney - This cenificale :s to be completed by he owner s attorney when applicable
Certificate of Understanding and Authorization Form (LCF 16.1.21 - eDocument signed by al Contracors, as identified or, the -Required Documents' table. certifying the moss current 'Davis - Bacon Labor Standards' has been read and understood.
Certification of Bidder Regarding Equal Employment Opportunity (LCF DB16-2.1) - eDocument certificaLort required by all Conlraclor5 as identified on the 'Required Documents' table, by federal regulations (41 CFR 60)
Certification of Compliance with Air and Water Acts - All Contractors. as identified on lie 'Required Documents' table, must comply with this certif.calion when the contract exceeds S I G0,000 Checklist of Labor Law Requirements (LCF CA16a.1) - eDocument signed by all Contractors, as identified on the -Required Documents' table, acknowledging awareness of the applicable labor law requirements.
Contractor's Certification of Compliance with Davis -Bacon and Related Acts (LCF DB16.2.0) - eDocument certification required by all Contractors. as identified on the 'Regmrec Documents tab.e. by federal law (29 CFR 5)
Davis -Bacon Act Wage Decision - The Davis -Bacon Act Wage Decsicn contains the waSia rates for construction projects within San Ber-, are:no County A copy of the Davis -Bacon Art Wage Deasion is
Docusign Envelope ID: B085BOBC-IABF-8A30-81EA-CD228F25144C included in the bid package and can also be found at hlipaThe wage decision that applies to the project is the one in effect ten days prior to the bid openirg date. e0ocuments - Labor complance documents required to be submitted by all Contractors, as identified on the -Required Cocuments- table, electronically poor to Certified Payroll submission Each eDocument is listed by name in the definitions herein
Equal Employment Opportunity Clauses/Equal Employment Opportunity Construction Contract Provisions - These provisions are to be inserted in all applicable federally assisted contracts and subcontracts.
E-signature Authorization (LCF 16-1.0) - eDocument sgned by an owner. partner, executive officer. and all duty authorized 'Designer," employee(s) of all Contractors, as identified on the "Required Documents' table• who have authority to enter into agreements on behalf of Contractor and who wil be uploading aDocumenls and/or certified payroll records (CPR)s into LCPtrackef. This document must be notarized with an 'Acknowledgment' form and will be valid for a period of one (1) calendar year from the signature date Federal Labor Standards Provisions (HUDd010 form) - These provisions set forth the federal lahcr requirements for Contractors working on federally assisted construction protects in which the prime contract exceeds S2.000 Contractors are required to pay their lagers and mec-nanics working onsile a wage as speciped in the FEDERALLY FUNDED PROJECTS section of INS provtsion The Prime Contractor Is responsible to include the Labor Compliance Contract Addendum in apt executed Subcontractor/Sub- Tier contracts for the project(s).
Fringe Benefit Statement (LCF 16-1.3) - eDocument signed by all Contractors, as identified on the -Required Documents' table. identifying bona free Fringe Bonet-" in which their emp'oyees are participating.
Labor and Materials Bond - This payment bond guarantees that cmpioyees/Subcontradors, and suppliers are paid ter services rendered and materials supplied. The Labor and Materials Bond must be at least 100% of the contract price and must be submitted to the CITYlCOUNTY upon award of the contract.
LCPtracksr - County Community Developirnent and Housing Department (COH)s Online Certified Payroa System.
Performance Bond - This bond guarantees the Centradoes performance under the terms of the construction contract and must be at least 100% of the contract pace and submitted to the CITYiCOUNTY Mowing award of the contract
Project Wage Rate Sheet (LCF 16-1.1) - eDocument used by all Contractors. as identified on the -Required Documents table, to list afl labor classifications and wage ralo(s) applicable for the project to be set up in LCPtracker for CPR submdtal
Section 3 (24 CFR Part 75. Subpart A-0) - This law applies to all housing rehabilitation. housing construction and usher pubic conspruclian projects contract exceeding $200,000 or more of housing and community development financial assistance from one or more U.S. Department of Housing and Urban Development (HUD) programs.
Section 3 Resource Participation Certificate (LCF DB16-2.4) - eDocument to certify that all Contractors. as identified on the -Required Documents` table, have rear! the County Section 3 Phan and contacted the resources prowled for information on paoicpaung in the program Section 3 Actions and Outcomes (LCF 0616.2.5) - eDocument sigred by all Contractors as rdenbfied on the 'Required Documents- table• to certify how the Contractor will implement Section 3 hiring practices for the project.
i'ap;v 2 of S)
Docusign Envelope ID: B085BOBC-lABF-8A30-81EA-CD228F25144C 1, S. department al Housing and Crhan Development
Office of Community Planning; and W%elopment
Special Anemiun ul':
NOTICE: CPD-2023-I1
All Scerctar)'.% Kcprurcmt;llwe,
Issacd: Nnrember 2, 2023
All State!Awa Coordinatun
All CPT) Un ision Mrct uK,
Fxpircs: Fflcaivc until amended. superseded.
I TCI) Field OIl'sces
tK n cuxlcd
IIUD krgwnal Oniccs
Criss kcfcrc-ntc:
Section, 'IFKII-52 of Pub. L. No. 117.58
Sub_iccl: C'PD Impl ni mmion Guidance
I'm tlx: Build Aivwri:a. Buy America Act's tknncaic
Current procvnnnnl prcfrnnce
as r4m, nrthc lalct tmaure Im-estnterx and JuEe
Act
Fhi, Nolice procidos initial inytinnentation guidatce kin program> admmi,tnvd by IhC U.S.
Dcpartmcm of f lott.ing and Urban M-%ckTriwn('i MUD) Office of Cunuuunity Planning and Mk clopnwnl (CPD) fur the "Buy Atrtcnca 1'relcr wc- (BAP) imlxxsed by the Buikl Anwncao Buy Amalca Act (BABA) nuwwd under Dieisim Ci. Title IX of (he Infiasliucturc Imc: mmit aml kibs Act OIJA- Pub. L. no. 1 17-581 signed into lass on November 15, :021.
I his Notice prmidcs CPD grantee, and pariicipnting (un,dictium, adkrtivdy nferud to As grant 1>. an uven ieKs ,I BABA, including key ImN, ACID action, io implottcnt BABA. guidance tin T1lRYs 6rncrtl ssamirs, (fie phased itnpinnctxaliwt ,chedulc lior the BAP on CPT) prugnom,. arul ptopots nest stays The aaaehcd addenda inclufc answen, to fitgw Illy asked yuc�liun:, esamplc� of %lkn the BAP apphc� Im C•PD granlces. mtl ample BAP ktng:wge I'm agreements. 51 Docusign Envelope ID: B085BOBC-1ABF-8A30-81EA-CD228F25144C Purpose of the Notice
Thi, Notice i, intentkd to notify glanar, of the "Huy Amen" Preference- (ii,V'1 ralwrenicnt untkr ill, Iludd Anelic. Bu) America Act OfARAI as they apply to CPD prugruos.
This Notice idenlilie, the ('PD pnigrnns andaeuaxlwe dilal mtl,I awnph —Ih BAHA ahing uili file liuicbnc fin the a(iplic.dKwo of the HAI'. h also highlleht, Birth lliat Lr.lnj : will want W ctnlsidcr vixen preparing for IIU[)'s full inipklnanatiun oflh, il:1P. a, dc,criixd in "Public huerst 1'ha.,ed Implementation Waiur litr FF'-022 and 2023 ul' Build Anxricl. Flu% America Provisions as Applied to Rcripiam, of IIUD Federal Fimmcial A,**,taut' (RK Fd. Reg. 17001, elTectki: March
15. 21123). This Notice lets,, uu SS Fed. Reg 17011 a, the-111a,etl IwIlkitictilallon Wilieee, ,which c,lahlishei HAP implemcolat6nl lttiinb according Id i *clicthde acitas *IUD progtion, Nige T)ie guidinux Firo\ ided in this Notice is subjw to change i f dx Office uI Managcniciv and budget ((,Sill) ortlatc, guidamc Ito the application nI BAHA for Federal financial assi,larwc (FFA) prugnom Ibr Ill liaalluatlrc.
O,eniew of Build America. Hay America Act
Flit Build America, flu% America Act (RARA)
The Build America, Huy America Act (BABA) was slgncd into law h) President itiden on Nu\ember 15. 2i121, a, pan of he Infnwruclun ln¢vinxm! and-1 I, Act OIJA1 as Sections 7(I1A)I- 52 of Puh. 1 . No. It7-isIn atithti n Io pro%*ding finding for roiki . twi(Igei, ends, atxl high-srccd inletim ieec,,. 11 e'reaw(I :oil Inecoliv : to uxciea,e 111HIt„tle Iiianuflaciumig iicru„ the courlry through tl•.e inclusion ol'BABA', "Hilo America Preferclxc-(HAP) In gcner:d, the HAP rotprir, that all trim. steel, m:muli Llurcd prowlWk. ind lomirte:litmi m:ncridk used in infia,mMare prujcels funded with Fcticral financial assistance (FFA). a, wilincd in Sectuin 70914(a) of HAIIA. niusl he prrwluceel in de United S4ne%. The inlenl of the H111 in BABA is to itiuull:uc pinwale -,color investment* in rltmtcstic mamda,turing. Ixilsiel ,mical ,uplily Chain,, alxl surpmn the enaaun cl w'cl1-pa,nnf ob, liw pet)plc Ill the Uwwd Slate:. Tile prelererKc i, aisu intended to ulster :lnwrican linn,' ability to compere and lead gltibdl) tier )cars in coin, by rtltlirinc r.udKs that rccive Fetkrl infr,Wnxcture limds to ow Anwriean nntwduls and pruducts.
The HARA prciercnce for Amene:m nutcruls MW Product* applies R) all spending on infraortialne pmjccl: by Federl ixgerwie,. inhaling III l). Ii H AHA :trod for ikufxlces I11*111i, Koticc. life F,.d rat inlia,iniciur• spending with a f)AP is referred m ai "Federal 6mincial ai,i,iincc" or" FFA.- Uiwler Section 711i)12(7). UA km- inlrwslmdurc °prnicrb" inclutks the -cunstruciltni, alteration, maintcnaixe, ate r uir of indiasuucturc in the United Slide,", Under Set <m 7tNl I Ra). de uw ul'Anierican iron and srtl. cunstnleti+m Towiiah, and nand cnl(W rrnilttcti applies tat fording from CPf) prugrarns for mIi-d,lm[ulre projat ,. I Iuw v ere the FIAT' tit". ika ;yi{il, to "Fire and pcia di,ailer fir enxcrgetxy r •sense Lrt?cIw iu1rC, umkT Section 714Y 12(4tiH). A list of CPD disaster cw' cniergercy I'dr ring meeting thus, criteria can i+c lilund in S,ctitxl Ill
Fllitaive May 14. 2022. Ilk: HAP;yr{ihh to infrastructure spelxling unless im agency issfk,• a waiver in Ihrec limited sl(Ilalwlni: If when itpplyln g the doo,olis content Twictucni lu rlelercnee
Docusign Envelope ID: B085BOBC-lABF-8A30-81EA-CD228F25144C ,could tx mcorwme 11 wrh the public inleresL 21 Nhctl Iypes uI*irLit , AccI. nlanufaClulcd prcalucts or eummictiun nencna), are nni prtltltlecd in the Unilcd Siatei in .nlrcient anti rums mtbly available quaruitic, or of a iali,Cuculry quality, tN 3 i Mahe the inchown of th—e prcalucl, mid mateKia 1, will inerea,c the Cost of"the overall pnljeet b% mare ftin 25 percent, fiefure i ring a w;Itcr. un(ler Sedilm 71))1 1(Cl. Ill: (lead 01 a Federal auncy. includin! 1 [l.M. nmA make publich available a detailed "nilco exphm.imon It -the lutlp "W deterniaw ion to issue die Naivel a+el [Nutide it peritnl ufnut hss than 15 dayy Ism public comment ton the prnpo>cd Naives. Additicmil tictail> on waise', Can ile Runa1 in sectitm W
A. Federal Government -wide Guidance on RABA
A, a [inn of the Federal goveminenlb mppat (1l'(krne�lic prtiducliun and uunulacunn+g Ihmtlgh inliastnicture ins esinients. OMU and i IUD have taken utretl steps in implmlent the RAP by pmeidine guidance and issuing 111.11) gercr l waivers.
On Aug t,i 23. 2(123.ORiR i>.sael final n le; lie 2 CFR Pans 184 anti 2011 anni palvul,d Bother guidance cat Implementing the ,ialim • r quirmicnis and improving FFA maragCnwtli and iran,prt.•rlty (itR Fad. Reg. 5775). elTcciise Ck7uhcr 23, 20231. Th k gov'rilnx•nt-wide regula)ltms apply to I IUD pmgr rn% and provide directum on uoplenlernulg a RAP w'atecr prtwcix The new toll ies i-d iegulatiun, ako pmeitk Al,lll imil guidance sal ctlinmmi m oujiei ial .tjodX46. the ant componeits nl' nwnulactured (Ntidulcb. aril their tkfinditals Ohl Octutler 25. 2023. (Mil ismal guidance mall Federal agencic, sal Iww m ingllClnem RAiiA cont,kianly acm- the got ftinumt. The-iunrkt 1 o lrtlu- l or 1,tnee Of Anlllirabon "I'll, e,,,__:t:a nr.a:.rcilly in Fe'Icnl rimilmall At w;mce Pnl-•Lint, fin ]nlla,tmdu C 01-2-1-112( (0%111 Ouidanecl directs Federal ag mcies, including 111;T), tin luluit, apply the HAP ant] pnw'ide, an as.`n few of Ille RAP waiver mplircnlent,. OA1B slay anal i,ute midimni;d or uplinted pidance in the luture.:md IIUD will uNaic ih ftli(Iance a, nee —fry.
HUD Actions and Guidance tin R.AR•A
BABA i, it new and complex >lawle. which became 011eelke in 2022. As siich, eilabli,hing gmrnnitntNiek guidance on these new,latulol} m quireoic-nts ha, been an ilerati:e process Sunce the ixo-age of II ABA, I II iI) has woiked diligently to implement the RAP for all IIUO INug+alm.
RCWTe the law became ellcoke till May- W. 2022. I IUD caabli:hcd if rkrunmcni-wick BARA Icatknhip committee. Beginning in lane 2022,111..D i•s;ted a Rcy wqA lie inliml,rion (RFI) and colkeled Public celill olds oil pulelinal RAHA imphcaulmi for I IUD branwci. Baxti on thc>c eonnnenu ail it, rase IhC innsiliotl in ctmlplying lrtill the BAIT. J IUD pniptnCd anti rcceitcxJ Blur general taker, Ibr cmcred FFA. which inclu(Jeh CPD p(ugrull,. llleie N'aIVc7,:rld otherIi:ARA intilnnatitxl are asailaMc on I(UD's %%Oniic at IiAlf 1 I IL I) «ot I1 S- Utirta nleuc tot Ilnr,inir wnJ I rh:w I kvrl-mmtLgnt (l IUi)I. Further dviails toll these wanes argil thor pplirtlitm to CPI) )rugram>:re prtw'ided in SCelitnt IV of this Notice.
CTD has taken .at oval acliol~` lu nnlif� anti cumnita+iCalc N Lill >takefmkkn alel granter, tm fi ARA rcquircirtunts anti their impael un ( PI) pmgrmn. All CPF) Fiscal Year (F\)'_022 grant Iran,milial ICttcrs argil antic ,:�, of Finding uppt;nuniucs 040FOs) included it rekrelwe to the BAP
Docusign Envelope ID: B085BOBC-lABF-8A30-81EA-CD228F25144C wide+ I11AIIA, For the FV2023 linximg alhx:atioas. all CPh grant agrccntcnls will covered FFA incltuletl :l elnusc ur rcylnrc 014t the _nuilec must comply with RAHA. as applicahl- Thmugloul 2023,. ('PD his held HARA intimation sessions lix CPO granwes and Ilan a dedieatcd elnail ht1.N al ( PINIAlt.1,u 7utd.•+-,1'. to am,,cr questions floor individual emiltee and slakchtdder,.
I old) is C IollnUing to u(n'k IUNafd% implementing RAR.A across its coNcretl FFA progiant" Next mql uxltxle ctablislling a cemralwed wail vT process fin all I IUD covered programs. CPI) is irworlwruing RARA in its existing rcrxhning systeins andpnxesscti. To a*sisl gr.lnws, C'PD is Aw dcleloping.iddiucinal grodance materials and support as the r4m.,ed implementation oFRARA Progresses.
B. I eflaftimis
Key tell", that haxe rclexaixc to the rntcrprcumon anti implement itiun ollltc RAP fir CPD txogran, arc defined in lore HAIJA maluic and may Ix li/und in 2 C'FR pain 1!44 and O%fft guid:tm,:.
A. fluild Ame'tica. flov Allier h.a Act is defined in 2 CFR C 184.3 and nears did imon (i. title IX. auhmic A, pans 1 II, sccuons 709o! through 70927 of Ifw lnfnsimcnac In-rsturml and Jobs acl (Pub. I . No. 1 17.$%)
It. Rus \nuni l Prciiren" is del'mad in 2 CFR � 181.3 and means the"duroestic conmit V7 >mimmlem trreli-rcucc' sci lilnh in section 70914 of RARA. %%W1 rapuires lire head of CaLh Fcxderal agcocy it, en,wr'e that Ixme 11 tllc funds comic available lira Fetkmil atIanl Inr an infrrstnictuic prof tit may he obligaletl unl v all ul'lhc inns, slnl• manu11IO"Icd prvxhxls, and conslrt:etion materials inc orpor wd into the project in: producttl in dtc United States.
Cat,=Nn jt urr of Articl,:,. lox of anicics" reties to Ow requircmcni drat anieles. nullenals, and suprrlics sIxmld only be classified mto pore of flit Bellowing :atcgonh-
i. Iron or ,heel products:
ii. Manufactured products:
ni C'onstuction malcnak: or
iv. swl(w 7W 7icl nlalcriaks
An article. nwucrial, or supply should not ore elassilierl into more than nrle Wlcj�'or) and must be nl:xk biased on the slates of the article, oratcnal. or ximllf upcm arnsal to the work site oar use in an Inli;tunKture pmject. Anectes, into trial+, IN supplies Hurst meet (1w Huy Anwrica Prelcterxe for only itK single categtx) in which Ihcy arc classified and. in some case,, ilia)rnM hill under airy of the categories liitcv alxn e. 1), Canon muu is de-1-mcd in i CFR � 184.1 and means an arlicic. nratcnal, or supply whether oianulitcturcd or unmanuf;tctuml, incorporuetl ditectls into. a numul'acuoed product. ui. ,here applicable, an Iron or steel prcx! ici
F. C'tmani,Iwn M;ucrmis is delincd in 2 CFR § I%4.3 and mums articles. materials. or
Docusign Envelope ID: B085BOBC-1ABF-8A30-81EA-CD228F25144C .upidacn Ilia, Cnr151]I Of Only tone of iK% items hated in paragraph (I I of this dcfiuiuun. cxccpl as PRIOded in paragraph (2) ofthu definition. TO dac extent nrw of the items listed in paragraphs ( I I contains as inputs other stems listrxl In paragraph 01, it is nunelhcdcss a cnamn:clum mrafcrial.
0 ) The lwetl most, are:
i. Ntm-licinxt, ntetalc
ii. Plasuc and pul,mcr-bascvl prtuiucts (indenting Nlysin)'Ichlttricle, atntpttsite building materials. and ptdyners uacd in filler (optic garden):
spiv (dotes lincludmg optic glass):
i.. Fehr tube cable (including droop cable):
V. Optical fiber,
vi, Lumber.
.ii. Fngirecrcxd wcxxl. and
%H# Drywall
121 ditto ;additions of arie'les, mwtcri:ds, supplies or binding agents w it cumstnactitxr material do nOt change the catc_txiraimn Ofthe ccrostruelcttn material.
I, ('Oar •d htalen;ds inchdcs the liilliming uhcn used in ctonncctron watt an In1r.writcture Pr ojcctc
(AI all inns and steel:
(B) ail hlanulacluml I'nalucb: ar,tl
(C) all Cnnstnactiun M1Lucri;lk'
6 Co. cred ('I11) 1'ryimmts. Tlx imn "covered (PT) limb ins" trecan, ,any Fcd ral financial assistance adminklincti by ('lot) that is used liar wait smiclurc putlxrse>. excepting espcnefiwrs related Its pre and pxtst dies -.+ter cos- uwrgcnn resprm..c- I1. Granice. The temt'grrnice.- a tklit ,! at 24 CFR ?. I M. mean, tltc perwit ter Icgit cnlity lO which a grml is awartkd and that is acaumtabde lhr the toe of the lurstls prat ided.
1. Federal Financul A.si.l:mcc (FF A) ha, the meaning given to the tent in 2 C'FR 2110.1 (Or wcccswr regulawnts) and includes all expenditures by a Fet!crd agerwy tO a Now Fedcral Fntit. Iur tua Inlislructure I'toiect. except that it dtxa rills inchuk:
(,\ I cxpertclitures liar asgtilancc :mthonres:l unit sectinn 40_2. 4111, 404. 4106. 40A, to 502 Of the Ruler T. Stafford D6aslcr Rclicfarwil Fmcrgen" As,islutce Act (42 II,S C t 1 7(ka. 5171.ttt, 5170c. 5112, 5174. in 5142) relating In a m:ym disaster ur cnacirgeneY declmcd to,, the Preetdeut unities- section 401 is 501. r•speclivcly, of such Act (42 U.S.C. 5170. 5191). ur
(III pre :uul xntdi,sslCrus-cnxagcr)Cpscspamsccspnx!iturs. .1. Infra,tntelurc is desrnlxd in 2 C'FR I W -t(c) and cncornpsae, public infra,tntnurc projcels in the United States. which includes, al a minimum: the uru:tures. I;wilitics. and egmprent liar rwds. h•t hu•a)s. arrd bridges: public Imnspartatim: tianis, purt� harlxxs, and ("her
Docusign Envelope ID: B085BOBC-lABF-8A30-81EA-CD228F25144C ft6N111/ill' IitC1I11K�: 1nlCil'IIy pa\Kngcr alit] freight rllll"laths Iretglll and Illiclln)ll l Iac'lilhes. aignxts: ttater sy.h'nl;.. including drinking %sater anti wast"ater s}iferw electrical transmission Ibeililit:%nd systrnu: nulitit:N: broadband infrastnd:ture, aid) buildings and real property, and ianmures, lacilitics, anti ctluiprnall drat generate. transfnrrt, and dkiribule e er) inch+ding electric r chlcli:I IN) cladging. Sce Jlso 2 CFR 184 3(d).
K. Inli'aslnlclurc Prua:t. 'flee Icntt "inl'i-amiucluic projeci' I, defined in 2 CFR 1W3 and means all) acm ity related In the vmstrictiun, alteration, nmirnaruncr, tit relair of ulfrstructuro in the United Slates redtardless d.li ether mliaamclurc Is the lmrnjry purl+d.rse of the prujco.
I.. lion and Steel PoWticts. 111c lema "iloo "ill sIt1I prtxluit:' is defined in 2 CFR 134.? and mean: an article, material, ur supply than cunsasts wholly or pntilemrinarI } of it rt or stela or a combination ol'hdnh.
4f. Pr^dorninamb, ur in in or slccl or a comhlnation of txN.h is delincel in 2 CFR I K4.3 art] means than the art of tic Iron and steel cunt rit c\cecds 50 percent urthe total cost of all its cum fxlncnts. The ctrsl of iron ;net sleet IN the net of the iron or steel mill product, (such as bar. billet, slah, wire. plat., or sheet), :j%finp, or firrgnp ulilited in the manuilkwo: of the p;txhoct and .I glad IJi0I CSOMA(e Of the cost of Irm or mccl comptrn nis.
K. Nadi: in Ametica Oflicc. The tcnn'Ala k: in America OOicr' ur" ` upphcs art have fstin:
(11 Prmce "l into it %ftecifae limn aril shape; or
(It) (.txnblrk:d n Ith other arli&s. Ilaterak, or upplics to create a product with dillirem prop titic, than tee indi, Nina articles, natcriak or supplic . (2) Will Item Is classified ap All non l.N' :tecl protttrel, it constriction m:ueri:d, oa a ection 7(P)I7(c) ntateria' under 2 CFR U44. itel;nd the detininons set limh in dlis section. then it is non it manuraclumd mitti 1. Flonerer. an article, rn:loin), Of xlpply elassilied as A mi n tfadured protlud under 2 C'FR 144.41e) .end] p::rlgraph (1 ) alibis detinition may include cumpuncnls that are eunslructiun uraler:als, iron or steel pralucts, or section 70917fc) maieliads.
P. \h. ndadurcr is defined in 2 CFR 184.3 aml meats the colily Ilmt pertumis the lima manufacturing proecss lh.a PraducaS a m f nifitculred prtahlct.
Q. Non-F demtl Fnlm means it State. Idx:d ;_nrytmirlie lt. Indian Tribe. Insmutitm of lhghtr Fduwtion (111F), or nonprofit urganiialion, as pro,idal in 2 CFR 2W 1. Public Ffouw% Agencies are. Nan -Federal FnlifiCs.
Docusign Envelope ID: B085BOBC-iABF-8A30-81EA-CD228F25144C k. Kot I i,ttd Coninlclion Vafcrial, 'ncc tern( "ntx lister( atnslnlction uctm iali' rcIcn to the catcgml , of commiu:tion matcriak tluu are suhjw to the RAP, tun not included in I It D's specifically Iisied conxtmciiln material. is defined In the 1'1,u, d hilplctnan:pion A Mer, Tlii, includes:
i. pkisuc and pglymet-Iw,td proxluct_, other 111:01 clmlptisilc tmifding nritcrials of plastic and ltol%mcr-hactl pipe or tuhc.
il. glaes (including Oic.Lt ,): and
iii. drv%kall
S. Obligate The tail "obligate." for pit"Nes of IIUO•s lsh owd implancnlatitm al' IT All A. mein, the t1ne that Ift D cxecttlul dw legal in ininxin creating lilt: relatioa,hip betwnrl I1:D and the grdnice tier an aHar f of federal lmaricial aaci,tance. The mile,lune Il u eslahli,hes an ldthg:mun tLtic d licods Litt etch progmin hoot for many CPD progmm, such a, (43116- till' ubliptilxt (late tk'e•li.'S Orion I iTA ., c%ec'uliiwi or die graill agree-111. r t1\1ri Guid:tncc. The ierin "(7\11l gtlitUmc'^ ri:16, to 2 CFR Par: 194, the "I... ten x•mnnu+I (hti I'mc t i n ll U n I Ihn ti m ••ic:1 i%:4crcn •• in Fct''fd Fin;lrc,al lssUalice I'rucrun, liir Inlcislmeuire" (A1-24-021, rsstmf ( )cwbcr 25, 2021. by the CHticc of \ amweniciTt and Rlxlget. and ant ,uh-,gn mi v,mbitce to rc eiad w tcplacc S1.24.02 "Chi, guidance is appin'ab6. to the hcad, Lifall Fctlecd [a1.icS for the irnplenxrrfation (il RMM's feu) .America PrelZmence.
U. ['it: and Po l Di.lctct ul F.tx•nditure, The term' -pre and post dis:tsicr or emergency nsptnse e':rkmtilurc:' mean, i ctkral fiuxlim: autlxui/ed untler scovm%.102, 403. 444. 41k,. 40M, or CO2 of ilic Rtdicrt T. Suillil(d Di—,w r Relief avil Fire. cncy Assislame Act (stallixd Act) rvlmin6 to a major dixl,ltr ter emergency tkckugd by the Preiit)cni urxlcr wciiiin 401 ter i0l . re ecticely. l'he 13AP tk<s ixit apply to pre ant[ IIDSI di lstcl LIT Cllle'lge'11C\ Ie,ptillSC C.NPDXll INS lltitfuni/ed by Natme, other tltim Zile Swrftrd Act and made in m1wipation of or in re lionw to an erenl treat quabli c as an enwry.eixl or major dkister within the meaning ul'the Stallird Act V. I'rtxluecd in the United SLdty is dclitted in 2 CFR 1 LW.1 and rikan,:
I In the ca,c ul intn or steel prahrcts, all ntantdaclurulg purcesw,, lion Ibc initial melttag stage, through the application of etcain.s, txccurred in the United Swws.
it, In tire caw ul'numul;rcturcd prmitict..
I. 'I he prtxluct %as nunul',1111,1 in the UniwYl States: and
2. The cost of taxolwnents of elk manufactured prudttct Ill -"arc mined. pnxluced, or manuliclurnl in the United Strut: is greater than ii liercent of ilw tutal ct+a ofall ctxnrxntrtfs of the ntankil x hired pnxhim unless mmlher standard thin meets or exceeds this standard hats beat cmablWicd under applicable tat% or regulation for tlaltnnining the ouninlunl alrxluni of dorrnstir conlcm of the mamnlrctured prMuet. See 2 CFIt 184.2(a). The costs of
components of a manuLldurcd pnxluA are determined :recording
Docusign Envelope ID: B085BOBC-lABF-8A30-81EA-CD228F25144C 14, 2 ( F'R 184.1.
Ire. In the lax' ufconYirrKhon nutetUds, all manufacturing provc%sus free the consmictitm tnatertal occurral in the United States Sec r_ CFR 184.6 for more inftmrrnion on the meaning of -all narnufacmuing pnxcsia ' litr specific'uOnmrtrclitm malarial
W. tj& cW The term "prjmC ntcans the antatrtrction. alteration, maintenance. or rtliarr of inframmunre in the United Slaic,. (Section (Nl217) orHARAt.
K. Syown 1091 7(0 Slalerial%. fhe tern ",cetim 70917(c) matenai:' i, dclincd in 2 CFR I %1? and melt, cement and crtatiuiuoai rnawriak aggregates such a.s auto. zed. (n gravel. or at!trevate binding al;wwi or additi%uw- Thc,c materials arc tart comidered -constrr vnn mmerial," fin Itte purptne of HARA implementation. � . �IKY'Ihcally II,cYI om,trwtimi Ir aterijk. The term ",pc1'rlrcallV hail etltt,iractn)n maarial,' fir, 1IUDpT0gtunl, ir!cludss:
a non -famous rttctals:
b. lonrler;
c. r,mpo,ile building malcnak; and
d plazliL and lw11vlrtcr-has vl pyx mx1 labs.
Ill. Applicability of the RAP tin CPD Prtlkrents
L:rcicr SCCLNnr, 7W)12 and 7(w)14. the HAP applies to d•c lenrcliaw of ion. accl, manulacttactl prxhtcli, arcl cnnitmction maenad, far Cosy d CPD Programs,t lwr Iitlxks are u,ed I'ur tha con tnwlivii, allcratiu % :tuon(etstnce, or repair of infrrstnwu,rc. as delinvd by BAIIA.
C'ovcrcd CPD Prn;marm currently inclu(k.
• Conimunily Ikvclorment Blt" Grant Iontatla Pa,gmats (CDWi) • Section I4.e Loan Guarantee
• IIt)\IG hr, ,merit Para chips Program (I IO\IU
• 110',IF Insesvncnt Parawnship, American Re,cue Plan Prognnl (IIUb11`-ARI'l • I lousing Trust Fund I I ITF I
• Rccovm Ihwsme Prxirnn (RIIP)
• F ll)CrtvVw\ Soltwon, Cruus (FSCi i
• CYmmnuumoft'are(CoC'1
• Bmrsing Opp.xlunHic, far Persons With AIDS (HOPWA I
• Sell' -I (elp I lomcvarcn�hip O)tportuniq Program (SI ION • Sltecral \OFA for umlicbered anal niml hamele,s
• Vctzraru I lousing Rchabilitaiitnt ;and \hnlifrcatiun Program (VI I((%11'1 • Cnnununrt% Project Funding (UPI:I'F.curomic De%elormient lnitialr e. (FDt) • Section 4 Caraiiq Building
• Rural Capacity Building
• Pallo a), to Rein,), ing Oh,larle, to I lonimc (PR( t llnu.ing) • I'rescrcatuin and Rc+n,'cstment Imtiaticc lbr Conmamily Eni•aacattcnt (PRICL) K
58 Docusign Envelope ID: B085BOBC-1ABF-8A30-81EA-CD228F25144C • FY2 i Permanent Suflpati,e I lowing IPSI I) Futnls
Mt, I of C m Bred CPU Pr gams is subject to change if Aare an: ;my cliange, to the eligihic tr.. m of tunds or the establishment of neu pnlglains that turd inlrwS-msetuw and ,are CO\'Cr et( by BABA.
CPD Programs VW Covered by BAP:
I hider Section 70912(4NI31. dic BAP ikes out apply to I cd ual :unds for -pre and post diaiacr or cuurgtatey iesfwsc ' [lie tollmiLing C•PD Rinds we :administered titr disiislcr or cuicrgcncn rektted ptupusce and therefore Ific HAP doe, not apply:
• Cumrnuuit} M%clopowni Bkek Gual ❑ifa,tei Reciner, Fund..(C DH(i-DRI • Cmnmunit) M%elopment LHuCk Grant hluigatiun ((DIKi-MIT) • Community De%elofiineni block Grant - National Disaster Resilience (omptni ion (CDRG- NDR)
• Commtutlity Dodo pmcnt Block (iraou CARES Act (CDBG-CV ) • Hoaxing()lipunumue,lixl,Tion,Wilh AIDS C'ARF.SAct tH(WWA-CVI • linergcncy Soduutut, Giants CARES Act (US(i-(V)
,Wditionadl). fhc Community Ctunpins Technical Assislatice program iS Csclodcd (ruin the BAP as the prugron tkks lna bind any cu,ercd infrastnicture xIiaitws. iV. Hui AmeriCil Preference Waken Currenll.s in Fffecl for HUD Programs l:ndcr Sultan ANI41b). IIUD i. able :u isstn, al7craimuluilion ,rifh (NiifS MIAQ. gcneril ii:tiacrs. and proiccl nf.Ci is uaiwin to ilk: HAP ifu ai Li tenuired tKil a u:amer falls inlo one of the ioJilowine ihrcc categuric,: I 1 ai hen appl) ing Ile &WIC tiC timient rdatcuacnkmt prl'fGelled %,imld be ilRYln,!Skill 111111 the public interest. -) when l\Tie\ ofiron, manul:'ciurud pr,iliCt t:r •Tin\lrk'li(oi material, are not pnldticed in il:c UniteLl Suites in suf cienl and re:t'io ihli' :nail.ible quanliucs err of a satiSfact wy quality, or 1) whm the mcks itio off low prWmis and nultcnals w ill incaca-,: inn cuss of d e ti,ciail prticei by tithe than 25 percent. in order fur f fUD io consider either a gcieml or prtlicci ;p,cilic uairci mquest and Cc able tit a•, icw it uilh nhiH• the wailer mart niclade it ddi filed unll n c..xplimation ant.t aVou litT lIe plih�ll' IU l'1171111kT11 (Ur al ICa�I i days, as rquir,•ol under Scclion 71Pr 11(rl.
59 Docusign Envelope ID: B085BOBC-IABF-8A30-81EA-CD228F25144C III'U's General Withers AppHeahle a, Covered CPD 1'rnnvms Foor general applica hi!ity wms ers are currently in elliet lift I IUD pruur,nn, tuff apply to .111 Coscrcd ('111) 1'ngrr:urts Fuch ;user is tudined Isc7ow.
General Purpose Errectite Dates
Politic Interest
Phascd
Implcnlcoinlion
Exkest
Orrognstainm
Ue ,Hiainlis,
~mall Grants,
and Minor
C'unipunents
HUD issued a public imcicst ss an cr.
" iid'hi hnew, Pl;u"d Alpl, al,
11 irirr+'tiM FF:42 1,nd ?U!.t n! 1larlrf
(weri, a. flee lie rrnr
111;IHI'd to Rro Qlr.•,d•.,l ll1 hFrJrr.rl
Financial .1 "'i'la", i ' to alMnv lirr
orierly implemennrnn oftlic RAP
across HUD programs 'I'hc Phased
Impkinentatam Waker Nl3bli,he,a
sefiLdule lix the Idraecd iniplemenrxion
of tfw RAP across CPD pnrgtmns sii
HUD issued a puhlw interest waiter tix
csigcm circumstances,-Puhfi; Ina•rcv
Ifairrr r,l liaild-I'nrnr,r lit, C.(nn-r is:.
Pranlsiwn f,r F_ri,'ra; (i+.van tu),,-, .4,
,1n[+hr,l {n ('rr't:en Iln rrn. rrt. ni111 'i)
IiJ,ru!Fjan,nd 4,itan,."This
Halal"cr alifilics when there is rot urgent
I need by a CVD gmtnec to ntalmdialely
• cmnplete tut mfrasnticture prtycet
because of a threat to lire. xdety, in
property of rrsilau. and the
IIUD issued it Public interest de
alinintiv• small gran!., and roman
cv triponcnas waiver titled -Pahl,
hllcrl:cl lh' lhwfl i. �nlrl Gr. nll 'antra
fit eir n(6rrild for='ii"u. Her. Dntr w,:
1'rerri.einn, ,r, :11rn;ii rl ru (7•rlui+r
Rr.�a•ar.. r,l llt h lislrr•dl !'in,; n, l.rl
l-Wi tZ'. This waists tke BAP tin all
infrastructure prtrjccis who,e total cut
(from all I'undir:g sotrcesl is Nulll w a
!css than the siniplilkil :sequi.,ition
INeshuld at 2 0 K 200 1 which is
currondv S2511.000. 11us Noticr alxr
waives the amlicalior, of talc BAP fix a
The Public interest %%ais er tra,
issued in March 2023 alit
establislled a Phaso'<f
mtplemrntanu;; chedule liar the
application ofthe RAP to HUD
pnrgrauu through FY2025. TW
RAP hat been in efTect since
Nos enther 15. 202' for the uW of
ition mid steel fix inbiaaru Lure
Projects limded %ith newly.
obligated FFA lhrough the C'DFKi
'I he puhlir interest waiter for
exigent citcun:sLinces is e%cticc
from No%"ernlrcr 2'% 2022, lirr a
Period ar fire years ending oil
November 23. K)'_%, or such
,,honer time as HUD racy
announce 1 la Noiuce•
The public interest deminimis.
,mall grants, and mints
curntwnrnls waiNci is JlcLticc
front No%,mber 23. 2022, lur u
Pet itil of live year) ending on
Vancmbcr 23. 2027, ur such
,homer time as HUD nay
.innuuncc tut Noncc.
Docusign Envelope ID: B085BOBC-lABF-8A30-81EA-CD228F25144C Gemiml
Purpose
WaivaTvste
I
Ar mmimi.t pxution of an inGa,m;entrc
pruicel. aleanmg a cunudancc total err
rxt more Than live percent. o'the meal
cent of tha iron, seal, manufacturd
paducts, and eon,1ruelion ncsvcriah
useol in and ituz»pwrawd into the
infraamwtwc praicet. up to a mein nt
ai S I Million.
HUD issued a public interest waiver.
"E+ri p.ira, ,d !'uid+c lruati <'.d. G.•n.r„i
il,14,. ubdin it+nl't',- r,I R; i141.-Iml9'Icrl-
1ho fur a , L-Im-1, a, JP+Invl m
T il,,d Rrrird wl. r411UL) I(J"al
Tribal
I'im,nridl J•ci;!r. n,r Ira.d `: wire' lie'
Recipients
the BAV m it applies to Tril+al
\\Aver
recipients 111:1) Mill cvrsult milt
frihally Desigtated Housing Entities
mud other Tribal Lmilics ran haw to
,unit• the DAP.
NUD Project -Specific µ'aiters
e Dates
The waiver of lle BAP as it
applies in'1-rih:d recipients is
ctroolve lion Mac 23, 2023. until
May 23. 2024.
\dditiurutiv, 2 CI'D grantee im), r,djm t a pnga't-spoxifie ttmt er lion the RAP 14 covered FI :A on m limited. case-bv-cacse basis. HUD may grant a pruj cl it vclie ..rivet after carrxthatitxt arxi rvicw with the OMB's %llAO. ti wtlh the general waners. umIcr Section 70Y I.1(b) 111,11) may kstty a pmjcct--ykcilie waiver to ire R,%[I if it is determined that a waiter falls into one of the fulluwing three eatc¢urics I) wlt:n applying elk rlcnr:cslic eotUcm pxcrcurerncnt pnefrrcncc tvuuld be inaxtsiswnt with the pwblic uuetcst-')when tylrv� ul iron. s!ecl. mamrf:kmrd product or :autnetion materials aue not pnrduad in the United States in su i icni and reasonably available itianums ur of a sati,lactory quality, or 31 whetc :he incluskin of lose p i-Mucts and materials will irkrcax'the apt ot[Fk atcmll projal by more than '-? percent. A waiver fora ,pectic project may v.w% deNtiding tgxnt the circumstance, ollle pruiect, and,liecifc items, limducl,- or materials in olu,�Ovn.
Understanding HUD's Phased Implensentativa Approach
Urxler Section 70Y9144a). the BAP for aovcral 1-1 A ittGa,truclurc nro.'ect,. including the+ c fmxlesi by C PD progrtn», wau rquired it, ha in effixt no later then !Ali days after is was iiencd into law. Ihus, starling \eery 14, 2022• all rlo-'vc awards of cowmd FFA for infrasuwture prtyccts obligated by HUD world hat: had a BAI' unxlcr BABA. Doe to the short implementation peritxl of I Ku derv-,. and In alkn% for the donrcatie industry and FFA w6picnts to have the utrtc and notice rrevx'asary to implement BABA etliciently and etlictivcly. HUD issued several general p ubliv
Docusign Envelope ID: B085BOBC-1ABF-8A30-81EA-CD228F25144C inlcrcm waiver., inlrhaling a PhaSed Inlp onelluuotl NvaiYa. Over the comic ollwo }cars. under this coal, e(, MUD will implefnenl the IIAPin an incremental prucctis for all I I U D provans, including CPI) progn.mts. 10 come into compliance troth RABA. This phased approach is also inicrtlod to reduce the hunkn on grantees due to Ilk unCCiair cuss1 ul'caaplivxe t%iih the IIAI Thi, approach P also inlen(W to protide tr:nnparelt) conceming the iull implentntatkm Plarn in cvtmccti(n with IIUD ini"rt,lruciun projects, I IUD twits io at ukl any unneec,sary and undue hardships t!lal coultI )Colwird1/e the Illliel) and Cost o1ectlte ctallpletavt of Pro)CetS that PreVCIUSA ucte nut subj cl to i IIAP and to allow time far grariwes to usne itno full c wPiiaricc.
In the ;able below, the columns n!cnrify tour a:parate categories of covered natrnils subject to the BAP I iron mid steel, slxcifcilly hslcd clIFIS ICtIuo material,. n of listed construction nuacnak and manufactured products) and the row, tdcutlhtxivetcd HUD ptograms. 1'o use the table, find the progmnl that totals the project unecr considendinn. then tind the coned materials that will he used in the project. I lrte cell in the table where the a Pplir.Ible rots and column int r xi imlicates the (Lite ,it t Inch the BAP will begtr al)1IF Ing it] the six-cIIIC Inatelials 11" In 1hL' Project under amsideruion. It Is imp(aaml to note 11131 the date of nbligali<m is the Llaze on which HUD esLruted the legal Insirum eni creating the relationship bel Veen HI.D and the grantee air all award of FI4\. LonnnunlV fit date the grunt agreement is sioticd by 1110
Docusign Envelope ID: B085BOBC-1ABF-8A30-81EA-CD228F25144C 11h;md Imldemenlutiun Scheduk for IWO Program
Ill: table below au!lilhs the pha,cd nnplenle ttanim Iimcliae tier III.U', imet-Id prrnn:nrt, ittlhli,hcd In the IVnl,ed luq,!snncm:;urm Waisa BAP % appis to...
Iron and Stec)
Construction
CoaslrnLO"
!lfaartactand
Materials
Mates —
Prrdyets
Specirically listed
Net Uktd
CDBG ForewM
All (lends
A, of the JAI: I IUD
,N, ofncc date I II Tn
As of the date
Grants
obligated ono,
nhligalcs rkw FFA
ohhgatc, ocw FFA
1 IUD "atal •s
Ater Nusenittev
Writ Fiscal Pair
fnan Frxal Yev 202-5
rxsv FFA firant
I> NO2
21124 aillalellrlaiktl,
apirclll"Ittpnx
Hwal Yew,
2025
aitixlhxulim
Choice
Nes, I -FA
New FFA ohl,uued
Ness FFA dsligalcd
Neu FFA
Nci%hborhnad,
ublie.]tedby
b)HUDunoral'ir
byHUDunoralter
I+hli,atalby
Lead Hl Ard
HUD Lin IN Al r
Augt.al 13. 2024
August 23. 2024
HUD on ur
Reduction. and
p�,r. 22
atier A.gu,t
Ilesiths Horns
1 2U2-
]} ,tl]4
Production Grants
Rewtery Housing
Kew FFA
,ks of she date I IUD
As of the date 11111)
As ofthc dmc
Prrritram (RHPI
oblig:rcd h)
obligme; new FFA
obliewe> — FFA
Ul!D Itblig;rm,
Grants
HUD IN' or -suer
fin— Fiscal Ycar
frml Frscal Yew 2025
mu FFA loth
AugUNI11. 21123
]W4 apmol—Aw,h
alilntprl.11u+m
Frv.nl Year
20-15
allpfly][laillnl�
Vt HUD other FFA
\ h. FF A
New FFA obhl:ased
New FVA obligated
Ne:w FFA
except HOME,
obligjdby
byHUD moralter
by HUD untic afla
ahligatodby
I[outing Trust
HLD mi m after
August 23. -1024
Au)ttnl 23, 2024
HUD Ire cr
Fund, and Public
rebruary 22,
after .Aurnwl
Housing FKIL used
2024
23. 24124
fur maintenance
projects
HOME. IInusing
\cw F1-A
New FFA Ilhiiirrled
New FFA obligated
New FFA
Trust Fund, and
obligated by
by HUDon tic after
Im H11Dunura1kr
obligatltl h)
Public Housing
Iit: D,it wafler
August 23,1-0]_•1
ALIgnht 23, 2024
HUD nor
FFA used for
Augu`I 23. 21024
filler Augu,l
maintenance
23. 2t124
projects
Docusign Envelope ID: B085BOBC-1ABF-8A30-81EA-CD228F25144C Phased Implemenulion Schedule For ('PI) Progrants
( - end CPU program, Ixgan applving the ll:\I' IdairUPastnenere prnccs nol co%md under a general %wirer iiir specific nlaterals in phases beginning on Noveniter 15, 2022. and thmueh FY21125 This section describes a hen the 13:\P applies to specific Covered CPD prognnn, in accordance with DUD's Plisscd Imillanxntation Wait ci. h•on or SIM
CPI) Program
HAP F.Rcctilx Date
Im lementatdon Examples
11ic BAP first applied to
IN, means CDB(i grants obligated l is a CI)BG
('DB(i tiulds nbligand on
grant agreentem signed by I IUD on or alter
C'DHG
or afm Novc her 11,
November 11, -4111, tare subject it) the B;\P.
2o22. arad tililt \1'fl1 be osed
('DBG itrant, obligated via a ('DI)t i grant
to purchase will and steel
agreement signed by HUD print' to Vavetllxr t 5.
for infraslracturc lrojLcts_
2022, are mat subicel to the HAP.
the R:\P u ill apple to
This means KI IP grant, obligated %to a R I II' t1mnt
KIII' li n& obligated on or
agreement signed by I IUD on or:dhr A mi,t '_ 1.
RHP
after :\ugu>t 23. 2023. u.cti
10?3, are it:ltl ct to the BAP. A RI It, grant
to ptlrcha,e Iran or+tecl tM
ohllgmed %ia a grant agrecincill sigtltd bs HI:D
I
infrw4rixture pro, its.
prior to .August 2-1, 21123. is not subject to the HAP.
I
The HAP %ill app!y to
Grantoz dltwld identili the execution dale by
ESG.
tlaid, lilair all other
IfUD on the grant agrel.'limit Mohler legal
CI+C.
colored ('111) prognuus,
i sirunen. 1hr HAP aiydies to finds obligated by
HOP\I A.
excels; I OMF anti HIT
IACD on or alter Febma) 222024.
SHOP,
obligated tat aa' fah Y
Fur I I(}PN'A euanpeuucc grants, ubhgau x as the
Yi1Kt1IP.
Febir any 12. 2024. trail to
date the award letter k sigtled. I1OP\1 A
CPFlEUI,
purchase nun ne tired lie
purcirilina seImilute
ACCI.
co'lntxtilike granieLs should canpuue the date on
Section 4,
pr
it, aKaletter letr to the FehmmiY 2 024. In
Kuril Capacity
dcs r urve if its grant is subject to taw BAP.
Huildi
Pro It "using.
Fr)) (,inns laity Pro by Funding ha. a diilircnt
PRICE,
liilhga[Nt11 de1C1111111a11U11 Gtantec., slxwld con.uh
PSII,
thca C ongressionaI Grant 011icer for rraore
and NOFOs
infunnauon
The BAP will Apply to
IN, means HOME am1111P grant; obligated via
I IOAtF and I IIF hands
rent agreements i pled by IIUD on or aficr
obligated on or after
Atn(n.l 21. 21124, are ,ubieel to flit: HAP A
HOME S IITF
August 21. 2024. used to
HOV F In Ill grant obligated l is a grant
purchase iron or noel G'r
agreement signed by [At JD prior to .August 2.3.
utfrastmduie projects.
rope. is not ,ubjtel to the B;\I'.
Docusign Envelope ID: B085BOBC-1ABF-8A30-81EA-CD228F25144C \lacrials Other Than Iron or SIM
CDBC S RHP Programs
AN Other Covered CPD Pro grates
Specifically Listed
The BAP kill upply toFY2d24
The BAP I%ill apply to funds from ail
Construction lklalerials
and .ulr rquca1 (1)"Wi and
oilier Cosered CPU programs
(]'un-Ferruos hotels,
RHP awards u,rd to purchase
obligated on or after August 23. 2024.
Lumber, Composite
epecifieally listed cimsinxtion
tiled tiir the purchase um l'ydicatly
Baildiny Matcrials,
inatenals as well as to ptnclwse
listed constnxtino nuleriak a, WA xs
Plastic and PnA mcr
uon and steel.
Iron and steel for infrastnicnan:
Based Pipe and Tube)
i
i
projects.
f'tk BAP will a*. y io I71'21023
The HAP %, ill apply to all Cos -creel
and eubscyuern CUB(, and
('111) progriol (Cyeepf (1)116 and
Not Listed
Rill' ;n,ards u,txl -.o purchu v
RUM Isaac; ablica wd nn or alley
iConstruction Mslrrials
not listed ctlristnretisai materials
Augua 23- Y124. used tier the ptuiluse
I
for inthitru ture projects.
of nOt listed cunsinxt:on mawn,ils. as
.%clt as stv-61- -alhv listed consinxtion
malcrial, wid iron and sicel. for
inf'rasrnuture projects.
The BAP %ill apply to FY20!5
e HAP will appl) to all Coy e
Thnd
and suh e µtetif ('UI((i:md
CPD progrun flock 4except CDB(i
Manufactured
RIll' aurds u,ad :a ponlua
anct RHP) obligated oii oratier AueL;.r
products
m;mnlactuied prtsiuct.%m well
_t. 2024. used for the ptrchase of
specificalij listed
nunufactlircd procltrcts for
curwirtie'fttm inatelial, anll trim
infi f,fnxtur,: projects.
'ind steel. lur Inlr.rAllxlun:
prale'et'.
Appl)irrg the BAP and HUD NVahcrs to CPU Programs
Ones the B AI' .ipplics to an mliasimcuue project, a uaneee staid I Comph with the BAN, at
1:tihze rnw of HUD's general waters. or
obtain a projccr-yncitic waiter to exclude the protect loon the BAP Asa part of its rceonl keeping. a CPD grantee ,lw;lld doculnenr its ptocos u) analytc iff e BAP applies to a isroject ti, mg the approach bekiw
Step 1:'(s De of lrrrltecb1aefhyih
Are elk IinaL beutg u,ad Ile :nl 111li;N1y 1urc prtjcd, As,klined by HABA mul explained in this WIWI'
• Il yc,. piuevd iu seep 2.
• tf no, the HAP does not apply. The RAP only applies to infrastructure prrylecu.
Docusign Envelope ID: B085BOBC-1ABF-8A30-81EA-CD228F25144C Stro 2: Funding wurcr
Idemily the xouicci-O ol'dre pruj tit limding. incltding CI'D limding, 111.71 funding orollx:r Federal agency hireling thaI mu ider the at ailahle I IUD Gicn rd Waiter,, As ol'thi. Notice. there are three general vvamethat may he uuliicd as :ui alicmalite it) compliance with the DAP ulxl T the 1'haced Implemematiot Waiter. 1) Fxigcot Circumcl inccsi Waiter.21 the 1k Illmimis. Suudl Goaols, and hlirox C'uulpwuerou W]HeT, old :) Ilw Tnhal ICL'etplcnlx �,'alY T. Aicilyw each aYail:ilAc HUD general waiver. based upon tle spwlk rcyniietimrb of that tt;uver.
I. Eril;crt Cirr-rcei am t-v R iris, Is then an urgan need to immediately compicle the project because of a threat to it Ic, a itcty- or prulleity of resdimis aoJ the conunnn'W! • If ykN. the Lxigcni Cimumstances Waiter nxty apply, and the proitel would rntt he suhjm it, the DAP.
2, De Vhimnfit 5ixoll Grata, uu.1.IGn r CurykNrcvlcr ll unctr Is the tout emt of the project eyuai to or 1 ass than S240.I9KY!
• It the 1), Albdmis. Small 6ratu.. aid Minor Coinloinc ills W:utcr nuy apply. ant the project would not he suhicel to the RAP.
Docusign Envelope ID: B085BOBC-1ABF-8A30-81EA-CD228F25144C OR
Thi, waiv cr cm be applied to a )xilium otthe pnxhtcls used in an infnttntettirc project if the emmu!aliy: ant of th1M pnxlueis thtcs not etceed IiyC percQn Of the Woad ant ul eovanel picxkwLs used in the pru)yYi (Lip lu $1 nlillitn).
• In than case, the HAP wimild he waiv cd for Isar of tlx: project. till the rest oI the prgiet t would stilt need to comply with the HAP.
i. 1,jlhrl Nrri/licni, If,mco Is the pnlj:t F mg, tluilded by a'1 ribaI r'cipicla'! • Ifycs. the Tribal Recipiet«: W ail er may apply, and the prnlcei "cuM not IN,' ,tkiccl to the NAP. I this is rare for ('PI) programs. )
• if tx) to General Waisnr qtw iium 1. 2. and 1. prme cd it, Step R. titep 6: I'miml-wieeific Nalten
ConmiLr the criteria I -or pic µow -,Ives Cie waivers. I'tujce't-spa:dic walker, lu the HAP may he available il'il is tkutinined that a wai:Y falls into one of the folkre ing three categories: 1) When applying the dullicstic content lxlxar'lron prelircmx umild be incomi,lem w ith the public interest, 2) when type, of iron. steel. nranufaclurel pndtla ur con%lruction materia6 are not produced in the United Slats in sufficient and rcawmably available quantities or ofa salisBic:lory qu.lily. o+) where the ilnelusKla ul'Iknusc prducts and W nenals w ill im tease the cost of the overall prtljed by mur' thalt 25 N-M Yet. Prnleer-SplYifie waivers are available on a limited. caS:-by-erne taesic aticr I IUD's consultation aril review with OMB', MIAO.
I . k%ouid applying the IMP ill the prujci be irwon,iswni wtlh the public mtcrot'! • [f yes. a wai%cr may be ennsideral.
2. Are the tylws ill iron. itvtl, nvmurwitired pnxhr-ts. or construYion Wilmot.: bard in the project•txit prtxluced in the t Inunl State, m sufficient and reawxiable available quarnmes or al a catistacultp ylralm?
• II yv: , a proiecl-spccilic wailer nwy be conidie d.
7. Would the mchniwn of irun. steel, numuldelurcil jm Wwt.,. or cin>truclio l Materials prMucnl in the United States increase lire Coat of the u.'trall project by tram: than 25 penent'!
• It Ness a pmlttii-specific kvaivcr nay bee mwdered.
• If no to Piojeci ,pecilic waiy:r lu:,ikm, I. 2. and .i, the III \P likely applies to tlx:
pnljsl and the pnljct al%,akJ cnmpiy with the reluir,neins ul'Ihc HAP.
Chanel., slut d coisuh the Ynmely of tilts Wuce an! niberaipplivaible HAHA guidance hclilre making a dnenninalion to HAP applicability to a,Jx6 is pryat UMMCO should rash Wl lu their lucal CPD 1-told office if they rtluirc additional a�si,tance w uh determining 13AP applinibilit).
Docusign Envelope ID: B085BOBC-lABF-8A30-81EA-CD228F25144C Federal Gnvertunent-aide Guidance on Project/Product-Specific "a iteu% )antler Section'(N)14(b). BABA ullim%a Federal agent%, such as IIUD, to waive the BAP Ibr cot cred FFA in three instances- I) tt hen applving the domalic cunt? i procurement preleterce tmuld he inconsiswml %kith the public intereU. 2) when type, of tron. xIce I, manufactured product of cunsuuctiou umiaiak arc rot produced in the United Siai s in sufficient and reastmahly available quantities ur ofa satisfaclury% 4tlahly- t r 9 where the uschistan of those products and materials %dl mcrca e the cost ul'the overall project by more thin 25 percent. To direct federal agencies on huts to impfemcnt this taait or process. OMB issued ewdrncc ;hat IWill . ill follow when rcvie%sing a waiver tryuesl Irum a C'PD gr:mtce.
According to Odill, agencies may rcj •cl or gram uaiacry in whole or in flirt. When all agency is tonsitkring a waive%. it should, tit the LTcatet e%wni possible. be issued al the prolecl level and )x prtrduct spcciiic When that is not possible. an agency may issue a hrLla&T %aner- The agrncy should follow three principle., befurc issuing any type of waiter:
I I The %jiver may be tune-limitd. meaning it is issued fin a certain period %)'lime. ratter than fix a specify project. For example, a lime -limited ww%cr ma) apply when ant itcrrr that ix "runavailable" is widely used lit pnoiects limtkd b) a parLcular program 21 The %:river should he wouagd. meaning it should till)) apply tit specific i(em(sl. pr(Auci(s). or material(.,) or catcgorylics) of ilem(sh protlucl(s). or material(,). i) The waiter may be conditional with condnrnns that support the policies of BABA. 04IB gud:atcc outhned the waiver rex low process for agencies to fblluw More issuing a waiver. llased on this _uidance, Hi In is developing it., Depsanmem-wide pngccl-specific wnn-er ptoccss. For HUD to consider a pmiect nr product -specific waiver it most:
• I lave a deuuiletf justification for the us- of gootis. products. or ❑crteri-.dn nit". pxttrlucud, or manutltetured outside the Lnit d States
• A certification that Oruro +t as a good kith effwl to stdicit hid: for domestic pnxlucls supported by lerms included in requests for proru»als, cuntra(ts. and nonpntpnetary communication. %tat p otetnial sttpphcrs.
• In addition. at a minimum and to the ET¢unI extent practicable, e:eh propou. -d waiver submitted for cnnsidenuion by the N11AO should include llw ft llow�ing information- as applicable:
Waiter type (nonm arlabilily. unreasonable coil. or public interest).
Recipient none and Unique Entity Identifier (LILT).
:decal a%-arding agency nrgati rational info ttwitun (c.g.. Common Gut emnrcnt- wkk- Accuuming C'lassifealion (CCiAC I Agency Code)
I ittancial assistance listing name and nunbcr
federal linancal assistance prugtam name
1'eckrt Award Wentiiicafian \umler (FAIN) of available).
I cdcral financial assistance funding ar oum.
Docusign Envelope ID: B085BOBC-1ABF-8A30-81EA-CD228F25144C I'otal cNihmaLxi udctctntkurccspeitlitureo, Including all F Jcnal and nun -Federal Brill, (m to exicn1 know
c Infra,imciure pnijecl Jcscription and location (to the extent kn owr:l. • I.i%t of iron of steel itern(cl, rtianu ictured pnxlucts. and COTISMIClilxl ulatcrial(s) pmgx,sed to he excepted from Buy Anterica recluirpllLmis, including nanic•. Coil. aatmry(ics) oftxigln lif known), anti relcv:no PSC attl NAICS Lode lily e:tclt.
A e lilicauun that Ilse Federal official ur assistaiwc recipient mauk a good Faith enixt to solicit bill, fon thm cslic puxlacls supporic(I by terms inchtled ,n requests for propwsj1%. cunlraCls.:rod nonproprietary communications with lite piiow contr'acl Ur.
,\ talcomit of waiveriustilicanon, including a description M'Oltms motle nciritd research, iltdtisir outreach). by Ilse Federal mr;inling ;tgcncy and.:nd in llte Case ul'a pnuj,cl or asL:u'd speeitic waiver, b% Ile recipient, in an aft mpl In avoid Ilse n tiil lily it wait i�r. Such ajuslficalum miry cite, if:ylpheablc. the 4+%ence of an) Buy Arno mi.congd,ent bids « cei, L•d in respo ns, to a ;olicitiwon.
Anticipat it impncl Writs wai%Lir IN iasucd.
%n) rcle%ant comet mi recei%Lit through [lie public co innwnt period. )he purpose of the nfomralion is uo ensure that I IUD Inn adcgllale 1Nilnnalio n to perlinnl due Johgetxe, that MIAO Ions ,ullicieou Ililttnmion lu detemtinc whellm dic ixupp.lxtl eat%cito consistent with law am( policy, and tlu:,ulTiCient iulimnaliuo is uurilable fix Millie r•%ich%.
Infim+mtiom llnw idal lint pnlbhe rcwiew shotdd help intet•sted tnanut'acturer, gauge the demand tit lto ducts for which agencies arc eonsid ring war%int: a Flux. Amcric.i Itrcf •rncc. (lice I IUD has res icwcd all required infimnmion, it will notify O\IR's MIAO. The pur , c ofthis consultation is lit the NIIAO to tkn ify any upponunities in mructure the waiver Ili matimi/e sha use of gouLls, pntlucls, and material, produced Its the Unit d Slatc, In the grru(est extent Iscsiible consistent will, law. Following Ibis consullation with h1IAO, IIUD is rCmutted to rxl%t Ilse proposed wai%cl lnl ,Is BAIIA w&sljc wilt it &-tailed wrincts e%plaojtion of the proposed delcuninaliun to isle the waiver and muu pill%ide at least 15 days lior public cuninevi General applicability wim crs require a minimum 30 tla% puhGc comment p crio i.
Once the public ammicnl pvruo l cads, I IUD will submil the ptuposcil wailer to \)I M) to oktenninc if the wat Y li Consistent w'ilh applicable law arsd policy. Tile \IIAU will ntotil) the agency of i(s determination of ilie prolxo-d wu:%cr. Only after this process I'm he'll coulplded Islay Ile I IUD issue she waiver.
Applying for a 11Cb Specific N'ai%er
Ptior to seeking a waiver, pliant ci should tte9cmiine il' and how FIABA applies and hollow nwasures Ill masiiniie compliance s all the BAP based un the aho%e �uidancc. Alibi, linw. I IUI)'s IFABA wai%cr prtecss is as lidhiw%:
1. Comm (PI)BAHA4, IttLcu% tin It.\B.\ iMiloWl :oss.laiwc a, ne"11A. _. I'rgcuc a "!Bads! Dru'riea Nor I nrrrit a 11'dir�v' 11.tPt<tfi' %%nth Ile mf mnatiun rryuirL�l h% the \IIAO.
Docusign Envelope ID: B085BOBC-1ABF-8A30-81EA-CD228F25144C Aihmoa,+imaapplicationnitiialltIvcv-.:u if) limnalwuh,IIt.Ual I iuil d A i oci ie j It, IN A i ncncarn hud.ern .
• 111:U i,:uiTeraN using email „hileall autom.+ha pl(W.S, I, lakler de%Cls,pmrnt Pro, kk• xldnnrtal ud6mation as rcque,red Iw I It q) during rho rc, icu pr cc„ n+ proccad ,%idt public anumeut in tie PcJnnl Rcgistel. auJ !it:.A .q+pm,.al lit• \i!A( It. 1I( I Ire, ir.,, ,career, heti,rc tile, arc pi-te,1 to dic I cdi t.d i2gNCT lot public conuneol and ,-fit it, the V IA0 for appruval. It alpaos,d, the waiter i, po,wd on \latkln:lmsni:co,
CPO Grantees Rccei,ing Funds from Multiple Federal Agencies For CPT) gmoiec, Ilim receive land, Irmo onitiplc Fedeml agcncias than mirratructurr project. the Federal agency contributing file greatest amount ofco,-cred FFA ti,r the pnpecI "I I I tic amsidercd the "Caenir irf Agenq for \Cole in Anicaricaw" according to OMB Cruidance. This lead agency duiuld take r ciumsthdn) lirr coiwi inating with the other Fedcial a„arding agencies.
Slily coordination %%Ill pro, Ide uniform ,eat, cr chicrij and idjudic:amn prts:e,scc. muli Mliz:
duplicative Millis. Muatg FMenl agrixie,. and reduce burdens on recipients. The Cognisant Agency for Made III America ,hall he responsible forconsulling w ah file other Fcdcral in,ardmu agmtres. publicizing the pro! nxdjoirl waiver.:+nd stihmitting the piopo,ed faint waiver fur re, ici , to M I.AO.
CPI) Record i(eeping Requirements
To comply with BABA, the HAP inert be inchudcd in the icniu and cunditioni of all fctkrah award, iiwiuding>tibawar is. contmns, and purchaseorders fer the wtuk performed tar p"Licts ,uppii,d for in!iasuucuue IirojccU. CPI) gI;HItCe, Shull Jonnucnl die pnke,i w uMalcic +f the BAP applic, to if pntyd using the appnroch in this Notice and collect record, to dc,momratc compliance tt all BAIJA r,gwminc+it>. Regards duNlkl he ctmmi tcri with c\t11+ng rCC,Md., ritnnon ntluircinenl, fur each of the C'o%tIL CPU pTogianlS. If there arc no CPT) prvt;mm-%iNcilic rronls requirement., lire CPT) mintee tam follow "mentions ryuirenitnts for nccvds;' under 2 CFR 2101 as applicable ix, FeJcial gmnis.
IIUD will i.,iue guidance about reporting on BABA required :wfi%itics under 24 CPR gl.320, at a later date At this rime, ('PD rc working to include the BAP into it. eti:nng CPU .)Stara (hltegtaled Diahuiscment and Information System. Disaster RucI Grant Reporting System I for granlci% to generate reports to track progms and compliance with BABA.
Additional delails on record keeping rcquiren ors will he determined b) 111:1) and shared wish CPU giantess as it is a,ailablc.
Contact Information
Grantcci that Itnr question., or this Notice should contact licir:usigned ]IUD Fickl Office Rgwc.-nomive or send their i quc>i ducally to CPUITAIt.Aw hul.gor CPD Ficid Offices shcndd direct inquiries and c,Bnmcnls to their program desk oiiicer.
Docusign Envelope ID: B085BOBC-1ABF-8A30-81EA-CD228F25144C Addendum I
Frcquenth Askcd(,tuvsliun
General Information
I. N hat is NAHA? What is the Bav America 11'rellerence'7 ITte Build An"ca. Buy Ammca (It AItA) Act ryas cnaM on Nwe ibLf 15.242I. as part of' ee hlfrectructutc hn esumm and Jul, .Acl 0UA) (Pub. L. No. 1 17-iv) also known as dic lblranisan Infrrsinrcture I..m. BABA s�tablishoa a darn Ntic conmu procuicto rn prelermcc knuwn as the "Buy Amctica Prcf.-rcnec' (BAP) for Federal inhastnteuuc :Trending- the BAP requires that all inat- steel, manufactured products. aril constnctitmr mam iads used in infrtstntctura projects fnnkd with Federal financial assistance must (- produced in the United State.
2, v\ hat h pI-s or Federal financial :usistance (FFA) arc subject to the BAP? FFA subject to BABA inch des all expenditures by a Federal agency to n noriTcdcml entity lirr.tn iniristntctnrc prey ct. including grams, coopcntis a arrc.'mcnt.. non-ca h c nunbubons err doaraliuus of pnr(ren % direct assistance. loans, k an imarantces. and other types of financial a sistamc.
3. N'hal projects or activities does the It \P apply In'.' The HAP:go(r(ies Lo the iron, stein, cunar ctiuu materials. and manufactured products used in rttfrastmcture prodcts funded by F,lend financial assistance (Fl—A). v011ch includes cu%erni ntaterials:ux! curelad activities Infra tn:cure projects inclu(l construction,. aitcntimr, maintenance. or relvnr of arty infrauructun in the United States as defined in the nest partgrapat and in the Definiuoxns section ofthis N/Nlee.
The semi "infnstrucntre" includes the structutes- I'acihues. and equipment tier pml tits lradmotedlyconstJcred in!iiumcture. includmg latilding, and real laoperty. For CPD Programs. this may include, but is not litnue-3 to, certain futnding tor. • road and sidewalk impmscnIem pnojccls:
• Witer, se.acr, and other utility projects:
• brosadhaud 1111kiana:turc:
• housing consinmion and rehabilitation:
• community facilm etrnstmeti an and reCabditauon:
• hsntwless shdlcr construction and eehzhtlittnion:
• mid other ('PD-tinkled activities that are detnhYl as infiastncnue accordtnIz to BABA (satitiom AIM/I?(ill.
Docusign Envelope ID: B085BOBC-1ABF-8A30-81EA-CD228F25144C J. What materials dotes the HAP •appl} Its:
The HAP r eyuires that all iron, steel, manutitclured products. and consuttction materials tised in infrastructure projecv, timdtd with Fedctad financial assi4ance must be produced in live United StadeS.
S, What does -produced in the United Slates" rnean for materials so hitch the BAP applies:'
The teml "produced in the I Inited States;' ats delined in 2 CFR I MI. means. • in the case of iron or .,lecl product, ticn all nw;nufacturing processes. fran the initial melting aagc thrnugh the application ot'coaungs, occurred in the United States- • in the c:L,e ul'manwactured prb hw!s that:
the pmdteci wa: manufactuted in the. United Stat tic and the rasa cal aunnionxnt, ollhe nuinnf:tettired product dial are minud. produced. in mamd'acmrd in the damned Slane, t+ greaser than ii percent of the indal cast of all cnmrknent, ol'the nranulixnrred prod;ut, unless another standard dwt mew, or cac xd, tin standard has been established unok` applicable- la% or regulation tic detennming the nuuinuan anlana nl' dtntcetic content of the manufactured product- and
• in the case ofconstnnclicxt materials, this all manufacluting prosesxs for the eowstnntion material occwntid in the United States.
C'PD 1%mrawr Specific
6. N hich CPU programs are subjtrt to the BAP'
Any CI'D ptognam that call be ascd for the purpose of infrastnncture:ua detitwd by HAHA The,c programs air c n.idcred C'oscred CPD ptogrmns.
1. Which ('111) Insist HAP?
I he HAP ekes rue apply lu Federal tunes for "pre and post disaster or cntrreaxp rcywrue" :xcurdinfs to HAH:1. ilscscfexe, at the lime of pubheation ufthis notice. thu HAI' tku, not apply to the folloarine C'1'U 1"urnds orpmgmms That adntinuterdis:tstrr rclatcd FF:1:
• Community Iktelopnttaw Block Gram Dn>atstcr Ruxncry Foul; (fnR(-,-DR) • Community Mselunmcm. fikxk Cirant \111n alion 4c.'n116-\IfT) • Cununnniry lk:alupmcnl Blurk Gnm National Di.,aswr Rcalicnce Competition (('DHG-NDR)
• Conununity Detolapment Hook Grant CARLS Act
• Housing Oplwnanitte, lie Persona With AIDS ('ARFS Act(HOP\1'A-('\") [mcrgta:cy &ilutinns C.ira;ns Cr1RFS Ann IF.S(i•CV I
Tits ('umn;unity Crms{otss Tectmsal Assistance protsram is alit exdaded Iran du HAP as the pmgmm doc, not fund any coserui infrd,tructute a usriiea- WE
IN
Docusign Envelope ID: B085BOBC-lABF-8A30-81EA-CD228F25144C R. I am funding a project with C'DRG I'und.s that Herr obligated (i.e.. the grant agrrcntcnt was signed h} HUD) bt&C No%vmher 15. 2622. Ihtes the B V eppFs:' K(,, the RAP tics nut apply to I ILI) lunds that were obliE:ued helitre \,.cmbcr 15, 2022.
I I11-1) telincs the o611e ul tlblteatnal as the date that I II:D signed the agreement with t1 ; p-aillcc. Tic llAP trill apply lit t-DI16 Iunds used li,r iron ur sicet lhal were obligated nm or after \o,clttlxr I1, 2022
Tigre is an nhlitional consirkraion. If l-Y titnds lur which BAHA applies are and led to this infrasl rucl ore project. BABA then will apply to the entire paljecl,
9. 1 am a gran tee funding a project eith CDRC ra" that sere obiglaled (i.e., the grant Agreement aas sigucd he HUD) on or after Nasem'trr 15. 2422. Dncs the RAP apply? II tie CDBG wr46 used in %liar iniiasintclurc project were nhiigaled on ur alter Nut cmlxr
15. 2022. the HAP will apply to all into or ctecl used in the pnjcel, unlcxs it waircr .lpplics In the pnjxl. If 11-,,Ne HARA fund, are alsplred to an Illlfa,ll'lt"Ure project that tkcs not ir:ne a II.AP. the addition, lilies- Illtuls will attach BAR A to the entire project. BABA would ;lpply as tlescttlled in I IUD's ll aicd Intphanctltalion Mw%cr unless then is a project-specirc wain r apprtned h% the MIAO.
IQ. 1 am funding a public facilities project with total FF t nf)'.,SIl11,f104. )-IMMM I of CDRG funds are heing used fnr engineering and sdministratinn fees of a project.
Other federal funding will paq fur the remaining construction aclitilics_ G the 1; %V applicahk to this project?
Yec, the total project cost is m•er $2-14M al and tie prnject is c nstmction ofan infrastructure ptolect. The total cost of a prof c;i musi not exceed S250,M) ti=um At sources to qualify lilr an eremptiuu nl dx B.AI' under HI IU's central wan tr fnr small prglera,.
Docamentatiae and Grant Management
l 1. ►ors the RAP apply to suhrrcipients or contractors? hl nuhi cases. res the HAP requircnnenti apph to >ub ranttes. incitrdiny; suhrecipients, contractors, seal des cIo;wm %elto are award d Fcd cal financial as,istancc tier use in public infrastnucna: l rnjccis. T'hc BAP rtquirancnts apply to all FFA and du not distinguish hemcen the end user of the 1e&ral hurkN Tbc HAI' applies as Inng as The tinkling is deuced Tintn a Fsderal agency. esen d'they are a pass-thnxtgh entity unless a particular seclum of Ilse tenas and conditions of the Fedend :maid specifically indicate, n,hmyi>c.
Docusign Envelope ID: B085BOBC-1ABF-8A30-81EA-CD228F25144C
12. Is there stsoda rd language -gran tees can include in sub recipienl4bid contract docaincnls"
Grilses sNruld include die RARA lam; uage 110111 that' gtanl agrcemrenl ill am suhreCiplcm and hint coomicl d wunscm, lu cnmue f{:\RA compliance by suhrecipintts. d,,,rh+Iters and'or atntracturs Plcasa refer in Addetirlunr } lbr the laruruaia tied in CI'i) gram alncvnmcilk.
11'Wrrem
13. Are there am wahers a%ailable for IItc IS.>I'!
There are cuirently liver _general applicahibq wai+ers in ellccl for HI D pruglanu, that appl? to CPD prourrnt,.: I I Phased implementation Wan er, 21 Fxigent Circum»anises Wai+er, it Ike ;Ifinivim Small (cram;, anal Mincer Component., Waiver. and 41 Tribal R"ipt •nw Waiver. The deails of each of thcsc vvaicen' can he found in Section I V of dti, Notice. or by %isitinu HUD'., H AHA w.4uoc It, we IN i:nasl m ailahle HUD waivers at:
httr cl baba. Waiaers. as the% are aplmtvcd
by the xIIAO. will he uptOed or HUD's wthsitc.
14. Will there he project or product specific waters uftbe HAP." III addition is HUD's general waivers. HUD may alto grant -pm?Iect-,pecilic' wan ers fmrn the HAP for cover A F FA on a limited. case-by-caK ba,l,..after cots ullauoo and r n ie+v with the MIAO at OMB. 1I1:D may is,tw a project -Specific waiver to tire RAP if it is de;amtined that a +caner tall. into one of dta following tiv r caagories- I I wlxn ,tlptlyiue the dontastic content pitxurernem preference would he inco uistent wish the public interest. 2) when gypcs of iron, steel. munuf ctured pnxluct or ctustmction material, aregot prodticed in the United States in sufficient and rea,<anably available yu:uuilies ttr of a sitistaaail quality. or .S 1 where the inchts ion of those pro luetc and materi its will increase The cost of the overall project by more than 25 perccnt..A waiver fora specific prolcct may +ary dcyrending uptat the circumstances of Ihe project, and specific items, pniducu. or mate. ials in question.. HUD is currently de+ekipiog the prom, s through which it grantee may request a waiver. More inti+mlauon will 1•e narle acailrhic once that pmcess is develvised.
Docusign Envelope ID: B085BOBC-1ABF-8A30-81EA-CD228F25144C Addendum 2
Examples of RAP for CPD Programs
T ):is M,ficiwdox provides a sedection of illuslralivc cx:nnple, to assio grnlees in do er Mining if ilk HAp applie, to their lxujectc.
Example 1: A gran:: li:nds a watev and secr lxnject containing loth and steel The pml tit is thole[ o,mg Sl million in FY23 C DIXI, funding. The total Federal litwnclal uwslauce iiu the project i. `3 nnllkiii.
The HAP applic, io this proj"I because it is it C DOG prnject usmg limtling obligated al or alkr Ko,ernlscr 15. 21122, the projLVI Contains inn rx stcrl. and the total cost of the pntjeel is creai" ihau 111., .iiiiiIIII-e l .t.uui.ni"m tlue,hold al 2 Cl:R 'IM) 1 uImIs is:uncoil, �'_SOJAXI Example 2: A granec hai& a water and sc%ci pr/ieci containing iron and sme 1. The project is limded using S100.1M, in FY' i C IMC; finding. The wlal Federal financial-bsintance lit the plujcct i. S2 million.
The HAP applin to this projecl because it is a C"DliG lxuj ect using fiutling vhligalcd ai or allcr Kovunler 15, 2022. the projti't contain, inn tx stool, and the iota[ casi ul'dk project is bm:ater than S2Sh,10).
Example 3: A paneiduong jtuisdiction s o nbutes $2 nlilliin in 11OW.. finds low crosoliclwrn ofa nrtilii-unit residential lalilding. ahich it hi&-s iron or steel, T x- hinds arc obligated by hICD int IN, 15. 24123.
The )SAP elx^s not iyiph to this project heYsu.e the HAP a ill own apply to I JO&IFi Bands used Cor tray ur sled inild Atie" 21 2023.
Example 4::1 panieip wing jtu sdictitn contributes $2 "Whim in I IOVF. Auld nix floc cotlsinictiot of o nluln-trail nvdcnGal building, using irm or sivd. T1e fends are ohligmed by IiLTD of ter August 21. 2024.
1 he HAP applies to this projeel because the pt Lojw inJudes inn or sled. Ow w4al con of the ptoycl is greater than S251,p I(J. and the pnljLct uxs lKWF Finds ohligaml alter the dale on which the HAP lxgin. Itl apply to l imir )finds uad for iron or t �el.
Example S: A grantee funds aeyliisinm 111 land u,;ing S3t>[),1MMt Ill Rmoye) Housing PIOP ill (RHN luu 5 that a(.ti'c ohligatcd on Sepemher I, 2023 The acyuidtton is part ol'a multil7nnily housing eimftntetiovi project containing inn or al si.
The HAP algilics lxlauw the ptulwose ol'tlic luixhng is a Ctv er it aril,tty lc nitnKholl) that ituhak xlm tx geYl. The utal Col of the pwjeet from all sourees is grc:ter 1Fc111 5250,fMR1 and Ile fund, sue nhlig:nrl after the dale oui o hich the RAP applies io RI IP funds ti ¢d lit inn or steel.
Docusign Envelope ID: B085BOBC-lABF-8A30-81EA-CD228F25144C F:cample 6: A grantee ptnchaw,i it fire cgine 0101 rcill rtve a luu- lu-mrvkratc-utamK ncighKtrfxW. The gaunx> tr\e5 S31)1 ON) in F) ', ( MIG funding lix ihr; purchaw.
IN: BAII rAtc, nui apply bmauic the fitrt ling i, nut used for cu, Lwd itciirily IcrmslrucD+m- .dteratlon.+naintenancc, or rep:ur) lur an infra,tnnture pruµtit F.,tample 7: A gnrnlct: Li,.-, fa(Xl.(KKf in Kaoeery [l(m,ing l'mgram I kill') ftauls w rohahililnle a m+dti-unit resickntial htulding. usin. iron uractil. The liuwi.;uc uhliiatal h_v i1Ct);t)tcr AuFn+a 2i, 2(r 1
The BAII apprc, to thi, prujcrt l,-caux it it,,, irun or 51stl. the miff com of the project t, greatctr Ih:m S250,M), and dk pruj,,d u,,, RI1P finding thn is nhli};at Yi alicr the date an which the HAP Ixgin, to Andy m RIiP funds used for iron or steel (August 2K 201211.
Docusign Envelope ID: B085BOBC-lABF-8A30-81EA-CD228F25144C Addendum 3
Sample Ii.%H A Language in Grant Argretments
The Lmeuagc belim is included in all Ci'D program NOFO% and gram agreement+. Srmdar w otlra en»s cutting reyuirenicttls, grantees should rncludc :be folluoinc HAIIA Lmguagc in all comrxis and agteentents with xtbrccipicnt>, contractors, dc.clopcn and suhgr mccs Grnwes and suhrcciptents should include thi> language in any NOFOi and procurement bid ccnlrct dtxurrnwnl� lu cn.urc HABA ctunpliancc hy %uhgrantces, dcaclopcns and or contractors The Grumcc must comply N ith the mquirements of the Build America. Buy America (BABA) Act. 11 USC 8301 ntwc, and all applicable ndcs and mlicci, as may he amended, irappiic:uhlc to the (inmcc•i inrrolruclnrc project. Pursuant In IIUD's Nolicc. "Public hncnst Phased Implcmtnimmo Waiver fin FY 2022 and 2023 0l Buih1 Anwict.
Buy America Prtwisions as \pphed to Recipreeus of l IUD Fcdeml Fri mcial Mosiance" (gfl FN 171)(111. any funds obhg:ucd by HIiU on urartm the apphcaltic limed cticcticc dales. arc subject to BABA rcyrcrements. unless excepted by a uuirer.
Docusign Envelope ID: B085BOBC-1ABF-8A30-81EA-CD228F25144C
LABOR COMPLIANCE REQUIREMENTS
Project Bidding
Borrower, Prime Contractor. Subcontractor, and every Sub -Tier contractor shall include this CONSTRUCTION CONTRACT LABOR COMPLIANCE PROVISIONS (Attachment D) in all bid documents for Prime Contrador(s), Subconlractor(s) and every Sub -Tier contractor(s) and must clearly stale the appropriate crevarnng wage rale(s) (i.e , Federal. Slate. commercial and!or residential and the dale of the appropriate wage schedule) for the project(s).
Construction
Borrower. Prime Contractor. Suocontractor, and every Sub -Tier contractor shall include the Davis BaconiCalifornia LABOR COMPLIANCE CONTRACT ADDENDUM (DB/CA LCCA) attachment and must dearly state the appropriate prevailing wage rate(s) (i.e.. Federal, Slate. commercial andlor residential and the date of the appropriate wage schedule) for the projeci(s) in every executed agreement (i.e.. contract, purchase order, on -call, etc.) on the prolect(s).
2. Borrower shall ensure trial line Prime Contractor. prior to accepting prospective Subcenlraclor(s) oid(s; and any Subcontractor accepting prospective lower tier Subcontractor(s) bid(s), has confirmed that each Subconlracior's and Iwer her Suocon!raclor bid is based on the appropriate prevailing wage rate(s) and the correct job classifications for the work to be performed on the projects) under the subcontract 3, Prime Contractor, Subcorilractor, and every lower tier Subcontractor shall maintain copies o` their executed cortract(s) for the prcjecl(s) and shall provide to CDH a copy of such execulod contract(s) upon request within no more than three (3) business days.
4. Prior to construction start, COH will conouct a mandatory Labor Conipliarce Pre -Construction Meetingisi.
Prime Contractor, Subcontractor, and every lower tier Subcontractor working on the project(s) shall have, in attendance from ineir once, a rep,esentative responsible for managing the duties of prevaiing wage labor compliance Items to be discussed include. but are not lanited to, Federa; and Slate labor law requirements applicable to the project(s). prevaiing wage requirements, respectve record -keeping responsibi rtles. the requirement nor submittal of cedifiec payroll records to CDH. compliance documents and the prohibition against discrimination in employr-ent. required signage, sign- n sheeisidaily logs, contract language, WMBE reporting, employee reporting, possible audits, etc. The meeting will be carceled and rescheduled if Prime Contractor, Subcontractor. andlor every lower her Subcontractor working on the project(s) representative responsible for managing the duties of prevailing wage 10tor compliance fail to attend lNe meeting unless aulhorized to do so by CDH m writing poor to the meeting 5 Prime Contractor shall maintain at pro,,oct site(s) daily log(sign-m sheets. Daily log/sign-in sheets shall be separated by company. Sheets shall be written in Engitsh and Spanish (arid other languages, as appropriate) and shall include CDH and any project labor consultant rame and phone number of the current wage monitor, for any worker to contact if there are any cuestions or concerns abou: their wages or any other concerns about the project. Prime Contractor shall enforce that all workers employed on site must ssgn in at the ob site daily Including hri`e-in, time-out and lunch perod (including any applcabe !ravel time to and from protect sitn). The workers must identify (he Prime Contractor, Subcontractor and any lower tier Subcontractor for whom they are working and their )oo classification Daily !oglsign-,n sheets shall be en•ailed to CDH no more than seven (7) days from the end of the scheduled project walk week. If requested in writing by COH, Prime Contractor shall provide to CDH any requested daily lug!sign-in sheet copies within no more than three (3) business days of request. Workers who are subjecl to split -classifications during their tax of duly on the pruject(s) site shall edit the daily 'oglsign- r sheets on days worker dut,es triggered spirl-dassificatieris assignment to reflect their actual hours worked n each classification.
Docusign Envelope ID: B085BOBC-1ABF-8A30-81EA-CD228F25144C 6 Prime Contractor. Subcontractor, and every lower tier Subcontractor shall complete in its entirety a Project ID Card for each worker employed on the wvrksile of the pfoject(s). The Project ID Card shah oe completed within five (5) days of execution of contract award for project(s) or before worker(s) begins employment on the pro;ect(s) silo. The Project ID Card template shall be downloaded from LCPfracke.
Prime Contractor. Subconlrada, and every lower tier Subcontractor may use an equivalent Protect ID form :f approved oy CDH n advance and ir•. writing Prime Contractor Subcontractor, and every lower tier Subcontractor shall be responsible for furnishing and requiring each worker employed al the w•orksite to have in possession and'or display such identification card as may be approved and directed by CDH or its des ghee. Any worker(s) employed on project(s) site found to be without their Project ID Card may be removed from site unlit Project ID Card is restored. Any Prime Contractor. Subcontractor. and every :over ber Subcontractor whin falsifies information on a Project 10 Card ani knowingly reports :ncorrecl information regarding a worker employed on project(s) site shal be dismissed and removed from the project and barred from conducting further business on the project. Workers need to consider wearirg heavy duty ID card hoAcrs, as they work in extremely physical onvircnmenls.
7. CDH and.'or rs designee shall conduct employee intetviews and Prime Contractor. Subcontractor and every lower tier Subcontractor agrees to have their employees interviewed for the purposes of prevailing wage complarce Employee interviews should be corducled at a frequency and number sufficient to establish the degree of adequacy and accuracy of the CPR• and the nature and extent of any vic!atons They should also be representative of al; classifications of employees on the project. (29 CFR 5 6 (a) (3)) h, doubtful compliance situations. interviews w!th former employees may be appropriate. Emoloyee interviews are intended to be private from their employer and Prime Contractor agrees allow CDH and/or its designee to conduct such interviews. Each employee should be informed that Ilia information given is corfderliat, and that his/her idenlify will not be disclosed :o the employer wifuxd the rxnployee's written perm. ission CDH ardor its designee shall ccrduct at least ono set of wage interviews with a representative group of workers during the project constriction (PP1RB 2013. investigative Procedures Under Davis Bacon Related Act!Contract Work Hours and Safety Standards Act) CDH andfor its designee must conduct addilenal internews if there is any reason to suspect a Contractor or their Subcontractor is at risk for wolaurg wage requirements As provedii in 29 CFR 5.6(a)(5). all tnlervi&,A must be conducted in confidence.
8. As permitted by Department of Labor. HUD, projects subject to DBRA and Tillo 8, sed:c i 16404 of the California Code of Regu!allons, allows Prime Contractor. Subcontractor and every lo•over tier Subcontractor to submit a weekly CPR electronically Prime Contractor. Subcontractor, and every IuAer tier Subcontracter agrees to use LCPlracker and shad submit weekly CPR's as required during the term of corslruction on the pfojuct(s) LCPlracker is a web -based sohware CDH utilizes to collect. verify and manage prevailing wage certified payrolls and related labor compliance documentation.
Prime Conttaclor, Subconlracoa and every Sub -Tier shall submit. via electronic submission, documents as required by CDH, which may include, but is not limited to Certified Payroll Records (CPR)s.
Statements of Compliance and otter required documents. Prime Contractor, Subcontractor and every Sub -Tier and,`ar their designee shall sign the E(Efectronic)-Sgnature Authorization Agreement• which must be, notarized wftn ar. -Acknowledgment'. and establish a Personal identification Number (PIN). on LCPlracker Prime Ccnlractor Subcontractor and every Sub -Ter will electrnniratly sign, by -se of their established PIN, ail documents requiring a signature that are suomitted to CDH va LCPlracker. Prime Contractor. Subcontractor and every lower tier Subcontractor agree that their PIN, once estabished or LCPlracker conslitules thou electronic signature and anderstards that any information and decwrewi; sLcmitted using their PIN is edeclronicaily certifying Iceir signature. Prime Contractor Subcontractor and every laver tier Subcontractor understand that they are legally boundobligated, and responsible by use of their Pl Nielectrcn c signature as much as would be by their handwritten signature.
9. To meet labor compliarce requirements. CDH requires inat each Prime Contractor. Subcontractor and every lower tier Subcontractor agrees to complete and submit all required e0ccuments on LCPlracker.
Docusign Envelope ID: B085BOBC-1ABF-8A30-81EA-CD228F25144C Aft eDociunents we accessed, submitteC and approved through LCPtracker All eDocuments are submitted through COH's Online Certified Payroll System using a PIN. II requested in writing by CDH, Prime Contractor, Subcontractor, and every awer tier Subcontractor shall provide to CDH any additional requested compliance donumentahon within no more than three (3) business days of request.
One of the documents that will he required to be uploaded in LCPtracker as part of the eDocuments• is a City business license or a terror staling the reasons why r0 business license is required All contractors performing work on a project site located within an incorporated city must possess or obtain that city's business license. However.:r. the project is .ocaled m an unincorporated area of the Courly. and the contractors Dusiness :s located in an incorporated city. the contractor must possess or obtain a business license within the city where their business is located An exception to the business ficerse requirement will be aA letler explaining the exception Io the business license requirement, if the contractor's busirrss and the project work site are both located in an unincorporated area of ;he County Prime Contractor. Subcontractor and every ower ter Subcontractor agree to do the following on projec;(s I
A. Submit a hard copy of the Electronic Signature AuRwrilahon form within five (5) workirg days of executed contract - to establish a Personal identification Number (PIN)) Form must be completed and signed by a company owner, partner, executive officer or designee (if applicable) before a contractor may eslahlhh a PIN and electrom:cagy sign documents online.
B. Complete Project ID cards as specified.
C. Submit required eDocurhents online withir ten (10) working days or executed contract.
D. Submit 'non-regwred @Documents and other documental,on wilvte as specified E. Submit CPRs online within ten (10) working days of the work week's ending date.
F. Submit one CPR online per project. per week.
G. Report all workers, inclixfrng owners, partners and superintendents, who were onsile H. All contractors must submit CPRs online from the start of the project until the time that they brash their work on the project
I. Al! contractors must submit a Statement a. Non -Performance online to certify that no work was performed by their company for any week of the projecl they are not waking.
J. All contractors must submit a final CPR or line for the last week they are working en -site K. AN contractors must pay every worker on a weekly basis (if applicable).
L. All CPRs must ,ndinme check number or direct deposit Iransaclion number. ('4�n repiureG are _ILSe CioG:m¢rtis *h:[h are • I mar.Aa'ny Per [CGiracker. h-r .1" MAY be VQ-460 W a Tar, ruUr uh ,,±n p cav-oy<a� has ti u sper�fiM I
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STATE PREVAILING WAGE REQUIREMENTS
A. All or a portion of the Scope of Work in the Contract or Purchase Order (as applicable) requires the payment of prevailing wages and compliance with the following requirements. (1) Determination of Prevailing Rates
Pursuant to Labo• Code seehens 1770. at seq., the County has oblaw" from the Director of the Departmenl of Industral Relatons (DIR) pursuant to the California Labor Code, the general prevailxtg rates of per diem wages and the prevailing rates for holiday and overtime work in the loalhty m which the Scope of Work is to be performed Copses of said rates are on file with the County. wilt be made available for :nspechcn during regular business hours, may be included elsewhere in the speafications for the Scope of Work. and are also available online at wviw.dir ca.aov The wage rate for any classification riot listed, but which may be required to execute 0:e Scope of Work, shall be commensurate and in accord with specified rates for similar or comparable classifications (or those performing similar or comparable duties. In accordance with Labor Code section 1773.2, the Contractor shall post, at appropriate and conspicuous k>aatiors on the jobsite, a schedule showing all applicable prevailing wage rates and shall comply with the requirements of Labor Code sectk:os 1773. et seq.
(2) Payment of Prevailing Rates
Each worker of the Contractor, Subcontractor, lower tier Subcontractor engaged in the Scope of Work. shay be paid not less than the general prevailing wage rate. regardless of ary contractual relationship which may be alleged to exist between the Contractor. Subcontractor. !owe. tier Subcontractor and lhei, respective worker(s). Calr1orma law prohibits lire use of credits ',of Employer Payments to reduce the obligalon to pay the hourly straight time or overtime wagon specified as the Basic Hourly Rate n the general preva•ling wage determination.
(3) Prevailing Rate Penalty
The Contractor shall, as a penalty, forfeit two hundred dollars (S200 00) to the County for each calendar day or portion thereof, for each worker pad less than the prevaAlmg rates as determined by the Director o` tie DIR ter such work or craft in which such worker is employed by the Contractor. Subcontractor or lower tier Subcontractor in connection wile the Scope of Work. Pursuant to California Lahr Code section 1775. the difference between such prevailing wage rates and the amount paid to cacti worker for each calendar day, or portion thereof, for which each worker was paid less than the prevaiiing wage rate. shall be paid to each worker by the Prime Contractor. Subcontractor or tower her Subcontractor. (4) Ineligible Contractors
Pursuant to the provisions of Labo-' Code section 1777.1 lne Later Commissioner publishes and distributes a list of contractors ineligible to perform work as a Prime Contracor, Subcontraactor, or lower tvr Subcontractor on a public works project This list of debarred contractors is availabT f.om the DIR websile at htlp•/rWww.dirca.gov?Public•Works/PublicWwkshtml Any contract entered into between a Prime Contractor and a debarred subcontractor is void as a matter of law. A debarred Subcontractor may not receive any public money for perronning work as a Subcontractor on a public works contract, and any public money that may have been pad to a debarred Subcontractor by a Prime Contractor on the project shall be returned to the County. The Prime Contractor shall be responsible for the payment of wages to workers of a debarred Subcontractor or lower tier Subcontractor who l-as been allowed to work on the Scope of Wok. (5) Payroll Records
Pursuant to California tabor Code section 1776, the Prime Contractor. Subcontractcr. arc laver her Subcontractor snati keep accurate certified payroll records showing the nameaccress, social security number. work classification, straight time and overtime hours worked each day and week. and the aclual per them wages paid to each journeymanapprentice, worker or other employee employed by Ilem r connection with the Scope of Work Each payroll record enumerated herein shall contain or be verified by a
Docusign Envelope ID: B085BOBC-1ABF-8A30-81EA-CD228F25144C wriflen declaration that it is made under penalty of perjury slating both of the followitig. (1) the inrorrrialion contained in the payroll record is true and correct and (2) the Pnme Contracts. SLbconiracts or lower tier Subcontractor has complied with the requirements of California Labor Code sections 1771, 1811. and 1815 for any Scope of Work performed by nis or her employees. The payroll records shall be available for inspeclior at all reasonable tours at the principal oftoe of the Prime Contractor on the following basis' (1) A certified copy of an employee's payroll record shall be made available for inspection or furnished to such employee or his/her authofze representative on request; (2) A certified copy of all payroll records shall be made available for inspection or furnished upon request to the County or the Division of Labor Standards Enforcement of the DIR; (3) A certified copy of payroll records shall be made available upon request to the public for inspection or copies thereof made, provided, however, that a request by the public shall be made through either the County or the Division of Labor Standards Enforcement- If the requested payroll records have not been previously provided to the County or the Division of Labor Standards Enforcement the requesting party shall, prior to being provided the records, reimburse the cost of preparation by the Prime Contractor, Subcontractor or lower tier Subcontractor and the entity through which the request was made. The public shall not be given access to such records at the principal office of the Prime Contractor.
(4) The Prime Contractor shall file a certified copy of the payroll records with the entity that requested such records within (en (10) days after receipt of a written request. and (5) Copies provided to the public, by the County or the Division of Labor Standards Enforcement shall be marker/ or obliterated to prevent disclosure of an individual's name, address and social security number. The name and address of the Prime Contractor.
Subcontractor, or lower tier Subcontractor performing a part of the Scope of Work shall not be marked or obliterated. The Prime Contractor shall inform the County of the location of payroll records, including the street address, city and county and shall, within five (5) working days, provide a notice of a change of location are address.
The Prime Contractor shall have ten (10) days from receipt of [lie written notice specifying in what respects they must comply with the above requirements. In the event Pnme Contractor does not comply with irie requirements of hits section within the ten (10) day period, the Prime Contractor shall, as a penalty to the County, lafeil one -hundred dollars (5100.00) for each calendar day, or porlion thereof, for each worker, until strict compliance is effectuated Upon the request of the Division of Labor Standards Enforcement. such penalty shall be withheld from any portion of the payments then due or to become due to the Prime Contractor
(6) Limits on Hours of Work
Pursuant to Californw Labor Code section 1810, eight (8) hours of labor shall constltule a legal day's work.
Pursuant to California Labor Code section 1811, the time of service of any worker orripluyed at any time by the Prime Contractor. Subcorltracter, or lower tier Subcontractor, upon the Scope of Work or Loon any par, of the Scope of Work. is lictited and restricted to eight (8) hours during any one calendar day and folly (40) hours during any one calendar week. except as provided for under Labor Code section 1815 Notwithstanding the foregoing provisions, wsx performed by employees of the Prime Contractor, Subcontractor, or lower lief Subcontractor in excess of eight (8) hours per day and forty (40) hours dunrg any one week. shall be permitted upon compensation for all hours worked in excess of eight (8) hours per day at not less than ore and one-half (1 %) times the basic rate of pay (7) Penalty for Excess Hours
The Prime Contractor shall pay to the County a penalty of twenly-five dollars (525 00) for each worker employed on the Scope 0 Work by the Prime, Contractor, Subcontractor. or lower tier Subcortractor for 83 Docusign Envelope ID: B085BOBC-1ABF-8A30-81EA-CD228F25144C each calundar day during which such workers required or permitted to work more than eight (8) hours in any calendar day and forty (40) hours in any one calendar week. in vrolahon of the provisions of the California Labor Code. unless comeensalion to the worker so employed by the Prime Contractor, Subcontractor of lower lie; Sut>ccntractor is not less than one and one-half (1'l,) times the bask rate of pay for ail hours vvofked in excess of e:ghl (8) hours per day
(8) Senate Bill 854 (Chapter 28, Statutes of 2014) Requirements:
1) Prime Contractor, Subcontractors and lower ter Subcontractors snail comply with Senate Bill 854 (s gned into Law on June 20. 2014). The requirements include, but are not limited to the follcwirg a. No Prime Contractor. Subcontractor, or lower her Subcantractor may be listed on a bid proposal for a public works project unless registered with the DIR pursuant to Labor Coda section 1725 5. with limited exceptions from this requirements for bid purposes only as allowed under Labor Code section 1771.1(a).
b. No Prime Contractor, Subcontractor• or lower tier Subcontractor may be awarded a contract for public work or perform walk on a public works project unless registered with the DIR pursuant to Labor Code section 1725.5.
c. This project is subject to compliance monitoring and enforcement by the DIR. d. As required by the DIR, Prime Conlractur is required to post lob site notices, as prescribed by regulatior regarding compliance monitoring and enforcement by the DIR. e. Prime Contractor. Subcontractors, and lower tier Subcontractors must submit certified payroll records online to the Labor Commissioner for all public works projects. new or ongoing, on or after January 1, 2016
a. The cenihed payroll must be submitted at least monthly to the Labor Coirmissroner. b. The County reserves the right to require Prime Contractor. Subcontractors. and lower let Subcontractor to submit certified payroll records more frequently than monthly to the Later Commissioner.
e. The certified payro6 records must be in a format proscribes by the Labor Commissioner.
Labor Code section 1725.5 states the following,
A Prime Coniracicr, Subcontractors. and bwer tier Subcontractors shall be registered pursuant to this section to be qualified to Lid on, be listed in a bid proposal. subject to the requirements of Section 4104 of the Public. Contract Code, or engage in the performance of any public work contract that is subject to the requirements of this chapter. For the purposes of this section. 'cortractor" includes a subcontractor as def,ned by Section 1722.1.
(a) To qualdy for registration under this section. a Prime Corlractor shall do all of the following (1) Beginning July 1, 2014, register with the Department of Industrial Relations in the manner prescribed by the Department and pay an initial nonrefundable application fee of four hundred dollars (S400) to cualify'or registration under this section and an annual renewal fee rn or before July 1" of each year thereafter. The annual renewal fee shall be n a uniform amount set by the Director of Industrial Relations, and the initial rev slration and renewal fees
may be adjusted no more than annually by the Director to support the costs specified n Section 1771 3.
(2) Provide evidence, disclosures, or releases as are necessary to establish ail of the following (A) Workers' Compensation coverage that meets the requirements of Division 4 (commencing with Section 3200) and includes sufficient coverage for any worker whom the Prime Contractor. Subcontractor or lower tier Subcontractor employs to
Docusign Envelope ID: B085BOBC-1ABF-8A30-81EA-CD228F25144C perform work that is subject to prevailing wage requirements other :han a contractor who :s separately registered under Inis section. Coverage may be evidenced by a current and vafid certificate of Workers' Compensation Insurance or certification of self-insurance required under Section 7125 of the Business and Professions Code (B) If applicable, the Prime Contractor. Subcontractor, or lower tier Subcontractor is licensed in accordance with Chapter 9 (commencing with Section 7000) of the Business and Prcfess:ons Code.
(C) The Prime Contractcr Subcontractor or Sub -Tier does not have any delinquent liability to an employee or the slate for any assessment: of back wages or related damages, interest, fires, or penalties pursuant to any final judgment. order. or determinaliorn by a court or any federal, stale. or local administrative agency, including a confirmed arbitration award However, fo, purposes of this paragraph, the contractor shall not be disqualified for any judgment, order. or determination that is under appeal, provided that the contractor has secured the payment of any amount eventually found due through a bond or other appropriate means.
ID) The contractor s no: currently debarred under Section 1777.1 or under city othor federal or sate law providing for Ine debarment of contractors hem public works. (E) The contractcr has not bid on a public works contract, twen listed in a bid proposal of engaged in :he performance of a contract for public works without being lawfu"y registered in accordance with this section, within the. preceding 12 months or since the effective date of the requirements set forth in subdivision (e), whichever is earlier If a contractor is found to be in violation of the requirements of this paragraph, the period of disqualification shall be waived if both of the following are true (i) The contractor has nut previously been found to be in violation of the requirements of this paragraph within the preceding 12 months ((i) The contractor pays an additional nonrefundable penalty registration fee of hvo thousand dollars 32.000).
(b) Fees received pursuant to this section shall be deposited in the Slate Public Works Enforcement Fund established by Section 1771 3 and shalt be used only for the purposes specified in ;hat section. (e) A contractor vno fails to pay the renewal fee required under paragraph (1) of subdiv Sion fa; on or before the ezpirahor of any prior penod of registration shall be prohibited from bidding on. or engaging in the performance of- any contract for public works until once again registered pursuant to this section If the failure to pay the renewal fee was inadvertent. the coctractor may renew its registrattol retroactively by paying an additional nonrefundable penalty renewal lee equal to the amount cl the renewal lee vvilhin 90 days of the due date of the renewal fee. (d) lf, after a body awarding a contract accepts (he contractor's bid or awards me contract, the work covered by the bid or contract is determined to be a public work to which Section 1771 applies• either as the result of a determination by the director prrrsuanl to Section 1773 5 or a court decision, the requirements of .his section shah not apply, subject to the following requirements (1) The body that awarded the contract failed, in the od specficalion or in the contract documents, to identify as a public work that portion of the work that the tleleffrination or decision subsequently classifies as a public work.
(2) Within 20 days following seance ol. iwt.ce on the awarding body of a determination by the Director of frdustna! Relations pursuant to Section 1773.5 or a decision by a court that 1:%P. contract was for public work as defined in this enaoler, the contractor and any subcontractors t( j
Docusign Envelope ID: 6085BOBC-1ABF-8A30-81EA-CD228F25144C are registered under this secloon or are replaced by a contractor or subcontractors who are registered under this section.
(3) The requirements of this sect:cn shall apply prospectively only to any subsegcent bid bid proposalcortract, or work performed after the awarding body is served with notice of the determination or decision referred to in paragraph (2) of this subdivision (e) The requirements of this section shall apply to any bid proposal submitted on or after March 1, 2015. and any contract for public work as defined in this chapter. entered into on or after Apel 1. 2015 3) Labor Code section 1771.1 states the following
(a) A contractor or subcontractor shall not be qualified to bid on. be listed in a bid proposal subject to the requirements of Section 4104 of the PUDIC Contract Code or engage in the performance of any contract for public work, as defined in this chapter. unless currently registered and qualified to perform public work pursuant to Section 1725.5. It s not a violation of this section for an unregistered contractor to submit a turf that is authorized by Section 7029.1 of the Susrness and Professons Code or by Section 10164 or 20103 5 of the Public Contract Code, provided the contractor is registered to perform public w•erk pdxsuant to Section 1725 5 at the t•me the cortract is awarded (b) Notice of the requirement desrnbed ir. subdivision (a) shall be induiod in all bid invitations and public works contracts, aril a bid shall not be accepted, nor any contract or subcontract entered into without piobf of the contractor or subcontractors current •egistration to perform pubic work pursuant to Section, 1725.5-
(c) An inadvertent error in listing a subcontractor who is not registered pursuant to Section 1725.5 in a bid proposal shall not be grounds frr filing a bid protest or grounds for considering the bin nonresponsive. provided that any of the following apply' (1) The subcontractor is registered prior to the bid opening. (2) Within 24 hours aher the bid opening, the subcontractor is registered and has paid the oenaay registration fee specified in subparagraph (E) of paragraph (2) of subdivision (a) of Section 1725.5.
(3) The subcontractor is replaced by another registered subcontractor pursuant to Section 4107 of the Public Contract Code.
(d) Failure by a subcontractor to be registered to perform public work as required by subdivison (a) shail be grounds under Section 4107 of the Public Contract Code for the cenlractor, with the consent of the awarding authority to subshlute a subcontractor who is registered to perform public work pursuant to Section 1725,5 in place of the unregislereC subcontractor. (e) The department shall Maintain on its Interrel Web site a list of contractors who are currently regslered to perform pubic work pursuant to Seclon 1725 5 (f) A contract entered into with any contractor or subcontractor :n v:olaboo of subdivision (a) shall be subject to cancellation, provided that a contract for public work shall not be unlawful void, or voidable solely due to the failure of the awarding body, contracts, or any subcontractor to comply with the requirements of Section 1725 5 or this section.
(g) If :ne Labor Commissioner or his or her designee determines that a contractor or subcontractor engaged in the performance of any public work contract without having been reg eyed n accordance with this section, lh- contractor or subcontractor shall forfeit, as a Civil penalty to the state one hundred dollars (S100) for each day of work perfurrned in violation of the registration requirement, not to exceed an aggregate per ity of eight thousand dollars (S8,000.1 in addition to any penalty registraton fee assessec pursuant to clause f.+) of subparagraph (E) of paragraph (2) of subdwrs;on (a) of Secticn 1725 5(h)
Docusign Envelope ID: B085BOBC-IABF-8A30-81EA-CD228F25144C (h)(1) In addition to or in lieu of. any other penally or sanction authorized pursuant to this chapter, a higher tiered pub!c works contractor or subcontractor vfio is found to have entered into a subcontractoath an unregistered lower tier subcontractor to perform any public work :n violation of file requtre.ments of Section 1725.5 or this section shalf be subject to fcrfe,ture, as a awl penalty to the slate, of ore hundred dollars (3100) for each day the unregistered lower tier subcontractor performs work n violation of the registration requirement. not to exceed an aggregate penally of ten thousand dollars (S10.000)
1) The Labor Commissioner shall use the same standards specified in subparagraph (A) of paragraph (2) of subdivision (a) of Section 1775 when cetermining the severity of the viola(?on and what penalty to assess. and may waive the penalty for a first time violation that was unintentional and did not hinder the Labor Conmissone s abil ty to monitor and enforce eompkance with the requirenxnls of this chapter
2) A higher tiered public works contractor or subcontractor shall not be liability for penalties assessed pursuar•d to paragraph (1) if the lower tier subcontractor's performance is in volation of the requirements of Section 1725.5 due Io the revocation of a previously approved regstrabon
3) A subcontractor sha I net be Fable for any penalties assessed against a higher tiered pub&c works contractor or subcontractor pursuant to paragraph (1), A higher tiered public works contractor of subcontractor may no! require a loner tiered <-ubconlrac:ar to indemnity or otherwise be !able for any penalties pursuant to paragraph It 1. (1) The Labor Commissioner or his or her designee shall issue a civil •page and penalty assessment, n accardance with the provisions of Section 1741, upon determination of penalties pi.rsuanl to subdivision. (g) and subparagraph (B) of paragraph (11 of subdivision (h). Review of a civil wage and penalty assessment issued 'under this subdivision may be requested m accordance with the provisions of Section 1742 The regulations of the Director of Industrial Relations which govern proceedings for review c` civil wage and penally assessments and the withholding of contract payments under Article t (r_nnmenang with Section 1720) and Article 2 (commencing with Secben 1770). shall apply
u) (1) Where a contractor or subcontractor engages in the performance of any public work contract without having been registered in vioation of the requirements of Section 1725.5 of this section, the Labor Commissioner shalt issue and serve a slop order prohibiting the use of the unregistered contractor or the unregistered sub mtractor an all public works until the unregistered contrw.;tor or urregistered subconbaclor is registered. The stop order shall not apply to work by registered contractors or subcontrtfclors on the pubic work-
2". A stop order may be persorally served upon the contractor or subcontractor by either of t-e fo'Iowing methods.
a) Manua! delivery of ire order to the contractor (r subcontractor personally h) Leaving signerrl copies of the order with the person who ;s apparently in charge at the site of the public work and by thereafter mailing copes of the order by first class mail. postage prepa d to tie contractor or subcontractor at one of the following, a. The address of the contractor or subcontractor on file with either the Secretary of Slate or the Contractors' Slate License Board.
to if the contractor or subcontractor has no address on file with the Secretary of State or the Contractors' Stale L cense Board. the actress of the site or the public work 31 The slop order shall be effective immediately upon service and shall be subject to appeal by the party contracting with the unregistered contractor or suhcontractoby the unregistered
Docusign Envelope ID: B085BOBC-1ABF-8A30-81EA-CD228F25144C contractor or subcontractor, or both. The appeal, hearing. and any further review of the hearing rlecsion shall be governed by the procedures, time limits. and other requirements specified in subdivision (a) of Secbcln 238.1
4) Any employee of an unregistered contractor or subcontractor who is affected by a work stoppage ordered by the commissioner pursuant to this subdivision shall be paid at his or her regular hourly prevailing wage rate by that employer for any hours the employee would have wcxked but for the work stoppage. net to exceed 10 days (k) Failure of a contractor or subcontractor, owner. director. officer, or managing agent of the contractor or subcontractor to observe a stop order issued and served upon him or her pursuant 10 subdivision (i) is guilty of a misdemeanor punishable by imprisonment in coumy jail not exceeding 60 days or by a fine not exceeding ten thousand dollars (S10.0001 or both (1) This section snail apply to any OW pruposal submitted on or after March 1, 2015. and any contract for public work entered into on or after April 1. 2015. This section shall also apply to the performance of any public work, as derived .n this chapter, on or after January 1. 2018, regardless of when the contract for public work was entered.
(m) Penalties received pursuant to this section shall be deposited in the State Public Works Enforcement Fund established by Section 1771.3 and shag be used only for the purposes spedfied in that section, (n) This section shall not apply to work performed on a public works project of twenty-five thousand Whirs (S25,000) or less when the project is for construction, alteration, demolition. ,nslallation. or repair work or to work performed an a public works prooed of fifteen thousand dollars (S15.000) or less when the project is for maintenance work.
4) Labor Code section 1771.4 states the following!
(a) All of the following are applicable to all pubhr, worts projects that are otherwise subject to 1ne requirements of this chapter
(1) The call for bids and contract documents shall specify that the project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. (2) The awarding body shall post or require the prime contractor to post job site nol,ces. as prescribed by regulation
(3) (A)Each contractor and subcontractor shall furnish the records specified in Section 1776 directly to the Labor Commissioner, in the following manner (i) At least monthly or more frequently if speafied in the contract with the awarding body For purposes of 'his clause. `monthly- means that a submission of records shall be mace at leas[ once every 30 days while work is being performed on the project and within 30 days after the final day of work performed on the project. (ii) In an electronic normal. in he manner prescribed by the Labor Commissioner, on :f•e department's internet website
(8) A contractor or subcontractor wtno fans to famish records pursuant to subparagraph (A), relating to its employees shall be subject to a penally by the Labor Commissioner of ore hundred dc&ars (SiCO) per each day in which that party was in :idlalion of subparagraph (A). not to exceed a total penalty of five thousand dollars (S5.000) per project. Penalties received pursuant to this paragraph shall be deposited in the State Public :Narks Enforcement Fu-d established by Section 1711.3 and shall be used only for the purposes specified in that section
(C) The Labor Commissiwner shall not levy a penalty pursuant to subparagraph (5) until a contractor or subcontractor fails to furnish the records pursuant to subparagraph (A) 14 days after the requ+remen! set forth in clause (i) of subparagraph (A). 88 Docusign Envelope ID: B085BOBC-IABF-8A30-81EA-CD228F25144C (D, Penalties pursuant to subparagraph (3) may only accrue to the actual contractor Of subcontractor that failed to furnish the records pursuant to subparagraph (A). (dd If the contractor or subcontractor s not registered pursuant to Section 1725.5 and is performing work on a project fur wh"ch registration is not required because of subdivision (p of Section 1725.5. the unregisfered contractor or subcontractor is not required to furrsh the records specifiec in Section 1776 directly to the Labo- Cornmissiorer but shall rela:n the records specified in Section '. 776 for at least three years after comp'eimn of the work (5) the department shall undertake those activities it deems necessary 10 monitor and enforce compliance with prevailing wage requirements
(b) The Labor Commissioner may exempt a public works project from compliance 'Hitt' all or part of the requireireMs of subdivision (a) d either of the following occurs, (1) The awarding body has enforced an approved labor compliance program, as defined n Section 1771.5. oo all public works projects urder its authority, except those deemed exempt pursuant to subdivision (a) of Section 1771 5, continuously since December 31. 2011. (2) The awarding body has entered into a collective bargaining agreement that binds aft contractors performing work on the project and that ncludes a mechanism for resdvirg disputes about the payment of wages.
(e)
(1) The requirements of paragraph (1) of subdivision (a) shall only apply to centracls for pubic works projects awarded on or after January 1, 2015.
(d) The requirements of paragraph (3) of subdivision (a) shall apply to ag contract for public wok, wholhor new or ongoing. on or after January 1, 2016.
(9) Compliance with California Labor Code suction 1720.9 (1)Labor Code secl:an 1720.9 uxpanded the definition of ,pubf:c works' under the California Prevailing Wage Law to include the following:
(a) Hitting and delivery of ready -mixed concrete to carry out a public works. rantrad. with respect :o contracts involving any state agency, :ncluding the California State Unive:sily and the Unvarsity of Calilarria. cr any pollical subdivision nt the state
(2)Sec:on 1120.9 defines the, term -ready-mixed concrete" and species Brat rate of pay shall be the current prevailing wage 'for the geographic area it which the factory or batching part is located' as detenr.ared by the DIR. The entity hauling or delivering ready -mixed concrete to carry out a public works contract shall enter into a written subcontract agreemerN with tie party lha: engaged the entity to supply the ready -mixed ccraele. The written agreement shall require compliance with Prevti!mg Wage Law. (3)Section 1T20 9 requires that the entity hauling or del,vermg ready -mixed concrete to carry out a public works contract shag submit a cenlfted copy of the payroll records required by subdrnsen (ai of Section 1776 to the party that engaged the entity and to the general contractor within five working days after the employee has beer paid accompanied by a written time record that sha I be certified by each driver for the performance of job duties in Section 1720 9(c)
(4)Section 1720.9(e) the entity hauting of de!iverirtc ready -mixed concrete for public works project shad De considered sul contractors and must register with the DIR as per Labor Code 1725 5 B. STATE PUBLIC WORKS APPRENTICESHIP REQUIREMENTS
1. State Public Works Apprenticeship Requirements:
�u
Docusign Envelope ID: B085BOBC-IABF-8A30-81EA-CD228F25144C The Conlraclur is fespoinsib)e for compliance with Labor Cocle section 1777 5 and the California Code of Regulations. title 8, sectiorls 230 - 2302 for all apprenticeab in occupations (denoted with '#" symbol next to craft name in DIR Prevailing Wage Detefnwlation). whether employed by the Contractor, subcontractor. vendor or consuilanl. Ircluded in these require-rerts ,s (1) the Ctmtractor•s regurement in provide notification (i e. DAS-140) to the appropriate apprenticeship commmees; (21 pay (raining fund ccntributrons for each apprenticeable hour employed on the Contract: and (3) utilize apprentices in a minimum ratio of not less Char one apWonlice hoar for each fire journeyman hours by compw,or of Contract work (unless an exception is gran(ed at accordance with Labor Code section 1777 5) or request for the dispatch of apprentices
Any apprentices employed to perform any of the Scope of Work shall be paid the standard wage to apprentices under the regulations of the craft or trade for which such appreriLce is emp!cyed, and such individual shall be emptoyea only for the work of the craft or trade to which such irdividual is registered. Only apprentices. as dufawd in Cakfcrnur Labor Code sec:lon 3077 who are in training under apprenticeship standards and written apprenticeship agreements under California Labor Code sections 3070 et seq. are eligible to be employed for the Scope of Wcrk. The employment and training of each apprentice shall be in accordance 'with the provisions of the apprenticesnlp slardards arm apprentice agreements under which such apprentce is training.
2. Compliance with California Labor Code section 1777.5 requires all public works eorltraetors to (1) Submit Contract Award InformaWn (DAS-140)
a. Although there are a few exertptrons (iduntificd below), ail Cnntracto"s, regardless of union. of ;avon, must submit contract award information wnen performing on a California public works (rolled
b. The DAS-140 is a notification'annormcement- of the Contractors panicpal+en on a public works project— i n a requesf for the dispatch of an apprentice c. Contractors shall submit the contract award information (you may use form DAS 140) wrihn 10 days of the execution or the prime contract or subcontract. but in no event later than the first day in which the Contractor has workers employed on the pub'ic work proiecl d. Contractors who are already approved to train apprentices (i.e. check -Bork on the CAS-140) shall only be required to submit the form to their approved program. e. Contractors who are NOT ape+ovud to train app:enhces (( a those that check either -Box 2" or -Box 3- on thn DAS-140) shall submil the DAS-140 TO EACH of the apprenticeship program sponsors in the area of your public works project. For a listing of apprenticeship programs see hitp ihvww dir ca goviDatabasds:das(pwadtkstart.asp.
(2) Employ Rnatstered ADprenlwes
a. _abor Code section 1777.5 reeufes that a contractor performing v.•o�k in an -apprenficeable- cram must employ one (1) hour of apprentice work for every five (51 hours performed by a journeyman This ratio shall be me( prior to the Contractor's Wmpletron of work on the project-Apprenticeab'o crafts .are denoted with a pound symbol '0' m front of :he craft nano On tie prevailing wage determination.
b. All Contractors who do not fail w,lhn an exempt,on category (see below) must request for dispatch of an apprentice from an apprenticeship program (for each aoprenticeable craft or Ira le) by giving the program actual notice of at (east 72 hours (busiress days only) before the date on which apprentices are required.
c. Contractors may use the -DAS-142" form (of making a request for the dispatch of an apprentice. d. Contractors who are participating in an approved apprenticeship training program and who did rot receive suffrrdont number of apprentices from their initial request must request dispatch of apprentices from ALL OTHER apprenticeship coinm.tlees in the project area in order to fulfill this requirement.
e. Contractor should maintain and submit proof (wher recuested) of its DAS-142 submittal to the apprenticeship committees (e g fax transmittal confirmation) A Contractor has met its requirement
Docusign Envelope ID: B085BOBC-1ABF-8A30-81EA-CD228F25144C to employ apprentices only after it has successfully made a dispatch rer;uest to all apprenticeship programs in the project area.
f. Only 'registered' apprentices may be paid the prevailing apprentice rates and must. at all times Arrk under the supervision of a Jowneyrran (Cal Code Regs_ tit 8 § 230 1; (3) kiake Training Fund Contributions
a. Contractors performing in apprenticeable crafts on public works projects, must make training fund contributions in the amount established in the prevading wage rate publication for journeymen and apprentices
b. Contractors may use the -CAC-2- form for sutmittal of their training fund contributions. c. Contractors who do not submit their training fund corinbunons to an approved aporenticesho training program trust submit their contributions to the California Apprerticeship Council (CAC i. PO Box 420603. San Francisco, CA 94142-0603.
d. Training fund conuibultns to the CAC are due and payab:'e on the 15th day of the month fail work performed during :he preceding month.
e. The "training' contribution amount identified on the prevailing wage determination shall not be pwd to the worker, unless the worker falls within one of the exemption categor,es listed below
3. Exemptions to Apprenticeship Requirements:
The tcaovnng are exempt train having to comply with California apprenticeship requirements. These types of contractors do not need to submit a DAS-140. DAS-142. make training fund contnbutions. or Wide apprentices
a. Wmen ire Contrac:or hulds a sole proprietor license (-O'wner-Operator') and no workers were employed by the Contractor. In other words. the contractor performed the entire work from start to finish and worked acne. b. Contractors performing to "i-apprenticeable crafts. 'Apprenhi eable_ crafts are denoted with a pound symbol -p- in front of the craft name on the pfevai2ing wage detemeinalion. c. When the Contractor has a direct contract with the Public Agency that is under S30,01M. d. When the project is 100% federally -funded and the fundinc of the project does not contain any City. county, and/or stale monies (unless the project is adm.nistered by a state agency in which case the apprenticeship requirements apply).
e- When the project is a private project not covered by the definition of public works as found in labor Code section 1720
4. Exemption from Apprenticeship Ratios:
The Joint Apprentceship Committee shall have the discretion to grant a cerbficte, whim shall be subject to the approval of the Administrator or Apprenticeship, exempting the Contractor from the 1-to-5 ratio set forth in this Section when it finds that any one of the following conditions are met' (lit unemployment for the previous three-month period in such area exceeds an average of fifteen percent (15 %): or
(21 The number of apprentices in training in such area exceeds a ratio of 1.10-5 in relation to loumeymen:
or
(31 The Apprenlx;eable Craft or Trade is replacing at least one-hriA ath (113.0) of its journeymen anrwaliy through apprenticeship training. either on a statewide basis or on a local basis or (y If assignment of an apprentice to any work performed under the Ccnrrad Documents would create a condition which would jecpa,dize such apprentice's life or the life. safety or property of fellow employees or the public at largeor if the specific task to •.vhich the apprentice is to be assigned is of such a nature that training cannot be provided by a ja rneynlan When sm3i exemptions from the 1-to-5 ratio between appientices and loumeymen are granted to an organization vdnich represents contractors in a specific trade cc a local or statewide basis, the member contractors will not be required to submit individual applications for approval to local Joint Aporonbcesh:p Committees provided they are already covered by the local apprent,cesmD standards fat
Docusign Envelope ID: B085BOBC-1ABF-8A30-81EA-CD228F25144C Contractor's Compliance:
The responsibility of rompiiance vdth this Section for all Apprenticeab'•e Trades or Crafts is solely and exclusively that of the Contractor All decisions of the Joint Apprenticeship Committees) under this Section are subject to the provisions of California Labor Cooe section 3081 and penalties are pursuant to Labor Code section 1777 7 and the determination of tho Labor Commissioner.
Docusign Envelope ID: B085BOBC-IABF-8A30-81EA-CD228F25144C HUD-4010 U.S. Department of Housing and Urban Development Federal Labor Standards Provisions office of Davis -bacon and Labor Standards
APPLICABILITY
The Project o• Prograd, to which the cunntiucuon work ecvered by this Ccntraci pertains ;s being asysted by the United States of America, and the following Federal Labor Standards Provis,pr., are ircluded in this Contract pursuant tr, the provisions applicable to such Federal assistance FAnimum wages and fringe benefits
i. M laborers and me-chinia employed a, working upon the site of 1,ne work (or otherasse workim; in construction or development of Use project under a devekpment statute), will be paid uncorditionallyand not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permrted by regulations issued by the Secretary of Labor under tine, Copeland Act (29 CFR part 311, the full amourt of lisic hourly wages and bend fide fringe benef is (or cash equivalents thereof) due at time of payment canputed ar rates not less than those contained in the wage deter ,nation of the Secretary of Labor which n 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. As provided in 29 CFR 53(d) and (r), the appropriate wage determinations are effective by operation of law even it they have not been attached to the contract Contributions made or costs reasonably anticipated for bona fide fringe berefits under the Davis -Baton Act (40 U.S.0 3141(2NB)) on behalf of laborers or mechanics are considered wages paid to such laborers or mechan,cs, subject to the prov, sinns of paragraph (a)(Iijv) of these contract clauses, also, regular contrrbut ions made or costs mcurred for more than a weekly Mind (but not less often than quarterly) under plans, funds, or programs wh:ch cover the particular weekly f,�enod, are deconed to be consvuctrvely made or incurred during such weekly perod Such ' ilbo!eis and mechanics must be paid the appropriate wage rate and frirge berefits on the wage cknern,ination for the d assification(s) of work actually Performed, without regard to skill. except as provided in 29 CFR 5.5(a)(4). Laborers or mechanics performing work :n mere than one classification tray be compensated at the rate specified for each ciassirwalion for the time actually worked theren: 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 classilKations are wage rates confomned order 29 CFR 5.5{a)(116NI) and the Davis -Bacon poster (WH-1321) must be posted at all limes by the contractor and its subcontracturs at tfu site of the work ma prominent and accessible place where at can tap easily seen by the workers. i. Frequently recurring classifications
A. In addition to wage and triage benefit rates that have been determined to W prevafhng under the proced❑res set forth in 29 CFR part 1, a wage determination may contain, pursuant to 4 1.3if). wage and fringe bereft rates for ciassificaGons of latmrers and mechanics for which conformance requests are regularly submitted pursuant to 29 CFR 5.5(a)(110h), provided that.
1. The work nerfdrmed by the classification , not performed by a classification ;n the wage determination for which a prevadmg wage, ratr has been determined; 2, the classdncalwn is used in the area by the cnnstraction industry; and
3. the wage rate for ;he classification bears a reasonable relationship to the prevadmg wage rates comamed in the wage- determination_
B. The Administrator will establish wage rates for such classifications in accordarce with 29 CFR
5.5(a)(11(iii)(A)131. Work performed in such a classification must be paid at no less than the wage and fringe benefit rate listed on the wage determination fcf such classification. iL Conformance
A. The contracting officer must regd,re that any class of faborem or mechanics, including helpers. which is not listed in the wage cetermination and which is to be employed under the contract be Prer,ous ed.toes obsaete 1 Form HUD-4010. (:01'2023)
ref. Handbook 1344.1
Docusign Envelope ID: B085BOBC-1 ABF-8A30-81 EA-CD228F25144C classified in conformance with the wage determination. Conformance of an additional classification and wage rate and fringe benefits is appropriate only when the following criteria have been met:
1. The work to be performed by the classification requested is rot performed by a cfassit"tion in the wage determination; and
Z. The classificar:on s used In the area by the const•uctio i industry, and
3. the proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.
9. The conformance process may not be used to split, subdvide, or otherwise avo a application of classifications listed in the wage determination.
C. If the contractor and the laborers and mechanics io be employed in the classification (if known). or their representatives, and the contracting officer agree on the classdkation and wage rate !including the amount designated for fringe benefits where dppropri3te), a report of the action taken will he sent by the contracting officer by email to 'tFitrnnirani3nrr••�rirf Ziv. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary.
D. In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (Including the amount designated for fringe benefits, where appropriate), the contracting officer wdl, by email to Dl3+icmdormancerr%dol.vrv, refer the questions, including The views of all otsrested parries and the recommendation of the contracting officer, to me Administrator for determination. The Administrator, or an authorved representative, will issue a determination within 341 days of receipt and so advise the contracting Officer ar will notify the contracting officer within the 30-day period that additional tine is necessary.
E. The contracting officer must promptly ratify the contractor of the action taken by the Wage and Hour Division under 29 CFR 5.5 (a){t)(iii)(C) and (D). The contractor must furnish a written copy of such determination to each affected worker of it must be posted as a part of the wage determination. The wage rate {including fringe benefits where appropriate) determined pursuant to 29 CFR 5.5 (a)(t)(ie)(C) or {D) must be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the class,tcaiion.
Fringe benefits not eaprmsed as an hourly rate
Whenever the minimum wage rate prescrtard in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor may either pay the benefit as stated in the wage determination or may pay another bona fade fringe benefit of an hourly cash equivalent thereof.
Unfunded plans
If the contraeor does not make payments to 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 hinge benefits under a plan or program, Provxfed, That the Secretary of Labor has found, upon the written request of the contractor, :n accordance with the criteria set forth in 29 CFR 5 28. that the applicahle standards of the Davis Bacon Act have hceo mar.
The Secretary of Labor may require the contractor to set aside in a separate accrunt assets far the meeting of obligations under the plan or program.
Interest In the event of a failure to pay all or part of the wages required by the contract, the contractor -will be required to pay interest on any underpayment of wages.
Pre. sous ed-tions obsaele 2 Form HUD 40 to. I i 0J20231 ref. Han.fh a>* 1344 1
Docusign Envelope ID: B085BOBC-1ABF-8A30-81EA-CD228F25144C Withholding
i. Withholding requirements
the U S. Department of hIctning and Urt an lkyclepment may, upon its own action, or must, upon written regcest o' an autfronznd represcrtative of ;he Department of wbcr, wthfrold w taus? to be withheld from the contractor so much of the accrued payments or advances as may be considered necessary to satisfy the liabilities of :he prime contractor or any subcontractor for the fell amount of wages and monetary relief, indudetg interest, required by the clauses set forth in 29 CFR 5 S(al for violations of this contract, or to satisfy any such IialaNties required by any other Federal contract, or federally assisted contract subject to Davis -Bacon labor standards. that is held by the same prime contractor (as cefired in 29 CFR 5.21 The necessary funds may be withheld from the contractor under this contract, anyother Federal contract with the same prime contractor, or any other federally assisted contract that s subject to f)avis-Baton labor standards requirements and -s held by the same crime contractor, regardless of whether the other contract was awarded or assisted by the same agency, and such funds may be used to satisfy the contractor liability for which the funds wete withheld In the event of a contractor's failure to pay any laborer or mechanic, incluiNng any apprentice or helper working on the site of the work (or otherwise working in construaidn or development of the p•olect under a development statute) all or par, of the wages requited by the contract, or upon the contractor's failure to submit the required records as discussed in 29 CFR S 5(3H3)(iv), HUD may on its own mitative and after written notice to the conVdctcr. sponsor, applicant, worer, or other entity, as the case may be, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds unto such violation% ha- rra%f:d.
ii. Priority to withheld funds
The Department has priority to lunc%withheld or to be withheld in accordance with 29 CFR
5.50J(2)(i) or (b)(3)(i), or both, over claims to those funds by A. A contractor's surety(iesf, including without limitation performilice bond sureties and oayment bond sureties.
B- A contracting agency for its reprocuremem costs;
C. A trustees) (either a court appointed trustee or a U.S. trustee, or both) in bankruptcy of a contractor, or a contractor's bankruptcy estate;
0. A contractor's assignee(s),
E. Acontractcr's successor(s); or
F. A claim assorted under the Prompt Payment Act, 31 U.S.C. 3901-3907.
Records and certified payrolls
I. Basic record requirements
A. Length of record retention. All regular payrolls and other basic records must be maintained by the contractor and any subcontractor during the course of the work and preserved for art laborer, and mechanics working at the site of the work (or otherwise working :n construction or development of the project under a development statutel for a per of at least 3 years after all Ine work on the prime contract is completed
B. Information required Stich records muse contain the name; Social Security number; last known address, telephone number, and email address of each such worker, each worker's correct dassificat ior(sJ of work actually performed; hoarly rates of wages paid including rates of contributions or costs anticipated for bona fide fringe benefits or cash equwalents thereof of the types described in 40 U.S.C. 3141(2)(B) of the Davis -Bacon Act); daily and weekly number of hours actually worked rn totes and on each covered contract; deductions made; and actual wages paid.
C. Addition( records relating to fringe benefits wherever the Secretary of labor has fourd under 29 CFR 5.5(a)(1)(v) that the wages of any laborer or mechanic include the amount of any nrenaos ednrons cusp tie 3
corm nt:0 4010,(10,120231
ref. Handbook 1344.1
Docusign Envelope ID: B085BOBC-1ABF-8A30-81EA-CD228F25144C costs reasonably anticipated in providing terieNs under a plan or program described in 40 U.S C. 31411 of the Davis (wean Act, the contractor must maintain records which show that the commitment to provide such benefits is enforceable. that the plan or program is fiaanctelly responsible, and that the Dian or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits.
D. Additional records relating to apprenticeship Contractors with apprentices working under approved programs must ma Main written evidence of the'egislration of apprenticeship programs, the registration of the apprentices. and the ra;ics and wage rates prescribed in the applicaole programs
Certified payroll requirements
A. Frequency and method of sutmsissids The contractor or subcomrad" must submit weekly, for each week in which any DBA- or Related Acts covered work is performed, certified payrolls to 111104 the agency is a parry to the contract, but if the agency is not such a party, the contractor will submit the certified payrolls to the applicant, sponsor, owner, or other entity, as the case may be, that maintains such records, for transmission to HUD. The prime contractor its responsible far the submission of all certified payrolls by all subcontractors. A contracting agency or prime contractor may permit or require contractors to submit certified payrolls through an electronic system. as long as the electronic system requires a legally valid electronic signature; the system allows the contractor, the contracurg agency, and the Department of Labor to access the certified payro is upon request for a: least 3 years after the work on the prime ccnfract has been completed: and the contracting agency or prime contractor permits other methods of subriissmn in situations where the contractor its unable or, limited in its ability to use or access the electronic system S. Information required The certified payrolls submitted must set out accurately and completely all of the mfemation required to be main:jmerd under 29 CFR S 5(a)(3)(n)(g), a-rcept that full Social Security numbers and last known addresses, telephone numbers, and email addresses must not be included on weekly transmittals. instead, five certified oayrolls need only inclide an mdv:dually identifying number for each worker (e.g., the last four digits of the worker's Social Severity number). The required weekly certified payroll information may be submitted using optional Form WH-347 or in any ofhef format desired. optional Form WH-3e7 is available f,c,r this purpose from the Wage and Hour Division Web site at hltnS✓/wsvw din! rr v LC<r?'P�CMJ"IP'/YA!O RrvM^: �h�^s/s�a,tr? e,vt er its succesor website It is not a violation of this section for a prime contractor to require a subcontractor to provide full Social Security numbers and last known addresses, telephone numbers, and email addresses to the prime contractor for its own records, without weekly subsnisswn by the subcontractor to the soonsonrg government agency (or the applicant, sponsor, owner, or other entity, as the case may be, that maintains such records).
C. Statement of Compillance Each certified payroll submitted must be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor, or the contractors or s lacontractofs agent who pays or supervises the payment or th•_ persons working on the contract, and must certify the following
1. That the certified payroll for it& payroll period contains the information required to be provided under 29 CFR 5.5(a)(3)(ii), the appropriate information and basic records are being maintained under 29 CFR 5.5 (a)(3)(i), and such information and rEcurds art, conect and complete;
2. That eacn latorer or mechanic (incluling each helper and apprentice) working on the contracT during the payroll period has been paid the lull weekly wages earred, without rebate, either directly or indirectly, and that no drductions have been made either directly or indirectly are i-S ed licnf 01,1 O'ete
RM
Form HUO-3010, (10120231
+e'. Hornbook 1343 1
Docusign Envelope ID: B085BOBC-1ABF-8A30-81EA-CD228F25144C from the full wages earned. other than permissible deductions as sel forth in 29 CFR part 3; a no
3. Thar each laborer or mechanir has been paid not less than the applicable wage rates and fringe be�efits or cash equivalents for the classification(s) of work actually performed, as specified in the applicable wage determination incorporated into the contract.
O. the of Optional Form WH-347 The weekly submission of a properly executed Leriification set forth on the reverse s:de d Optional Form WH 347wil sartify the requiienteni far submission of the-5tatensent of Compliance- required by 29 CFR E. signature The signature by the contractor, subcontractor, or the contractors or subcontr,xtor's agent most x an original handwritten signature or a legally valid electronic signature.
F. Falsification The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under tg U.S.C. 10,31 and 31 li S C 3729 G. Length of certified payroll retention The contractor or subcontractor must preserve all Lertdied payralls duvmg the course of the work and for a period of 3 years after all the work on the prinie contract is completed.
contracts, subcontracts, and related documents The contractor or subcontractor must maintain this contract or subcontract and related documents including, without limitation, bids, proposals, amendments. rnodificaTons, and extensions. The contractor or subcontractor rust preserve these contracts, subcontracts. and related documents during the course o' the work and for a period of 3 years after all the work on the prime contract is canpleted.
Required disctasuras and acress
A. Required record disclosures and access to workers The contractor or subcontractor must make the records required under 29 CfR S 5(a;113)(1)-{iii), and any other documents that HUD or the Department of Labor deems necessary to determine compliance with the labor standards provisions of any of the applcable statutes referenced by 29 CFR 5.1. available for inspection, copying, or transcription by auThonzed representatives of HUD or the Department of Labor, and must permit such representatives to interview workers during working hours an t-e job.
& Sanctions for non-compliance with records and worker access requirements If the contractor or subcontractor fails to submit the required records or to make them available. or refuses to permit worker nternews during working hours on the job, the Federal agency may, aster written natice to the contractor, sponsor, applicant, owner, or other entity, as thn case may be, that maintains such records or that employs such workers, take such actor, as may be necessary to cause the suspension of any further paynsent, advance, or guarantee of funds. Furthe+trwre, failure to submit the required records upon reg:.est or to make such records availab e, or to permit worker interviews during warkirig hour, cn the lob, may be grounds for debarment action pursuant to 29 CFR 5.12- In addition, any contractor or other person that fails to submit the required records a make those records available to WHO within the time W'-O requests that the records be produced will be preCludeC from introducing as evidence in an administrative proceeding under 29 CFR part 5 any of the required records that were not provided or made available to WHD. WHD will iake into consideration a reasonable request rrom the contractor m person for an extension of the time for submission of records. WHD will determine the reasonableness of :he request and may consider, among other things, the location of the records and the volume of produciton
G. Required Information disclosures Contractors and subcontractors must maintain the full Social Security number and last known address, telephone number, and email address of each covered worker, and must provide their upon request to HUD if the agency is a party to ereViOJS tb -tiaPn atiwa'MC
Gotm HU0.4010,11012023)
rot. Handbook 13a4.1
Docusign Envelope ID: B085BOBC-1ABF-8A30-81EA-CD228F25144C the contract, or to the Wage and Hour Division of the Department of labor. If the. Federal agency is not such a party lathe contract, the contractor, subcwnrada, nr both, most. upon request, provide the full Sacral Security number and last known address, telephone nurnber, and email address cst each covered worker to the applicant, sponsor, owner, or other entity, as the case may be, that maintains such records, for transmission to HUD, the contractor, or the Wage arid Hour Division of the Department of Labor for ourposes of an investigation of other compliance action.
Apprentices and equal employment opportunity
I. Apprentices
A. Rate of pay Apprentices will be permitted to work at less than the predetermined rate for the work they perform when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the tl 5. Department of Labor.
Employment and Training Administration, Office of Apprenticeship (CA), or with a State.
Apprenticeship Agency recognrted by the OA A person who is no: individually registered in the program, but who has been certified by the CIA or a State Apprenticeship Agency (where appruprate) to be eligible for probationary employment a; an apprentice, will be permitted to work at less than the predetermined rate for the work ;hey perform in the first 90 days of probatiamryemployment as it apprentice in such a program. In the event the CA a a State Apprenticeship Agency recogrn¢ed by the CIA withdraws approval of an apprenticeship program, the contractor will no longer be pe—tied to use apprentices at less than the. applicable predetermined rate for the work performed until an acceptable program ,ipprm:ed.
6. fringe berefits Apprentzes must be pa-,d 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 ar.�ount of fringe benefits fisted on the wage determination for the applicable classification. If the Administrator deterrines [hat a different practice prevails for the applicable apprennce classification, fringe benefits must be paid in accordance with that determ:;aCon.
C Apprenticeship ratio The allowable ratio of apprentices to ioorneyworkers on ere job site In any craft dasstfication must net be greater than the ratio permitted to the contractor as to the entire work force under the registered program or the ratio applicable to the locality of the project pursuant to 29 CFR 5.S(a)(4HIRD). Any worker Fsted on a payralf at an apprentice wage rate, who is not registered or othe—r employed as stated in 29 CFR
5.S(alf,l)(Q(A), must be paid not less than the applicable wage rate an the wage determination for the classification of work actually performed. In addition, arty apprentice performing work on the job site in excess of the ratio permitted tinder this section must be paid not less than the applicable wage rate on the wage determination for the work actually performed.
D. Reciprocity of ratios and wage rates Where a comractor is performing construction at a project in a kxalily other than the localay m which its program is registered, the ratios and wage rates (expressed in percentages of the journeyworkers hourly rate) applicable wnhin the locality in wh ch the ronstrurt�on ,s being performed must be observedif there is m applicable ratio or wage rate far the locality of the project, the ratio and wage rate specified in the contractor's'egistered program m.nr be observed
ii Equal employment opportunity The use of apprentices and jourrteyworkets under this part must be in conformity with the LlIual er-ploymcrit opportunity requirements of Executive Order 11246, as amended. and 29 CFR part 30.
Compliance with Copeland Act requirements. This contractor shall comp'ry with the requ irements of 29 CFR part 3, which are incorporated by reference in this contract. -rev ous rd:l ons obsolete
r)8
Farrn HU04010, l l0/2023)
rol. handbook 13aa.1
Docusign Envelope ID: B085BOBC-IABF-8A30-81EA-CD228F25144C Subcontracts. The contractor or subcontractor muse insert in any subcontracts the clauses contained in 29 CFR i 5(a)(1) through (11), along with the applicable wage determmation(s) and such other clauses or contract modifications as the U,S. Department of Housing and Urban Development may by approprate instructions require, and a cruse requir,ngthe subcontractors to include these clauses and wage determination(s) in any lower tier subcontracts, The prime contractor is responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in this secLon In the event of any violators of these clauses, the prime contractor and any subconvactor(s) responsible will be liable for any unpaid wages and monetary relief, including interest from the date of the underpayment or loss, due to any workers of lower tier subcontractors, and may be subject to debarment, as appropriate.
7 Contract termination: debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termmauon of the contract, and for debarment as a contractor and a subcontractor ai provided n 29 CFR 5 12
It Compiiance with Davis -Bacon and Related Act requirements. AIi rulings and interpretations of the Davis Bacon and Related Acts conlai:wd in 29 CFR pats 1, 3, and S are herein ncorpnrated by reference in this contract.
9 Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not he sublets to :he general disputes clause of this contract. Such disputes shall be resolved in accordance with the Procedures of the Department of tabor set forth in 29 CFR parts 5, 6. and 7. Disputes within the meaning of this clause include dispu:es between the rortractor(or any of its sutxantractors) and the contracting agency, the U.S. Department of labor, or the emp'oyees or then representatives
10. Certification of eligibility.
i. By entering into th!s contract, the contractor certifies that neither it nor any person or firm who fras an interesi in the contractors firm is a person or firm ireligible ua be awarded Government contracts by virtue of 4n U S C 3144(b) or 29 CFR 5.12(a). ii. No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of 40 U.S.C. 3144(bl or 29 CFR 5.12(a).
Fi, The penalty for making false statements is prescribed in the U.S. Code, Title 13 Cri:rres and C.^.minal Procedure, 18 U.S.C. 1001.
Anti -retaliation It is unlawful for any person to discharge, demote, intimidate, threaten, restrain, enerce, blacklist, harass, Or in any other manner discriminate against, or to cause any person to discharge, demote, intimidate, threaten, restrain. coerce, Kuklist, harass. oc in any ether manner discriminate against, any worker or jab appl cant for.
f. Notifying arn/ contractor of any conduct which the worker reasonably believes constitutes a violation of the DBA, Related Acts, or 29 CFR parts 1, 3, or S; ii. Filing any complaint, initiating or causing to be MiWted any proceeding, or otherwise asserting or selkirg to assert on behall of themseh•es or others any right or protection under the DBA.
Related Acts, or 29 CFR parts 1. 3, or 5;
fii. Cooperating in any investigation or other compliance action, or testifying in any proceeding under the 1AM Related Acts, or 29 CFR parts 1. J. or 5; of
iv. Informirg any other person about their rights under the 08A, Related Acts, of 29 CFR parts 1, 3. or S.
Contract Work Mourn and Safety Standards Act (CW HSSA)
the Agency Head mt,Y, cause or require the contract:ng officer to invert the following clauses set forth in 29 CFR S.5(b)(1), (2), (3), (4). and t5) in full, or (for contracts cmered by the Federal Acquisition Regulatton) by reference, in any contract In an amount in excess of 5100,000 and subject to the overtime provisions of the Contract Work Moufs and Safety Standards Act 7hese Clauses. must Prevmus editors oo5o+ete 7 form HUD-4010, 11 V2023S
ref. Handbook 1344.1
Docusign Envelope ID: 8085BOBC-1ABF-8A30-81EA-CD228F25144C be inserted in addition to the clauses required by 29 CFR 5.5(a) or 4.5. As used in this paragraph, the terms "laborers and mechanics- include watchpersons and guards.
1. Overtime requirements. No contractor or subcontractor contracting for any part of the contract wort which may require or involve the employment of laborers or mechanxs s'oalf require or permit any surh laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of (arty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than une and one -half times the basic rate of pay for all hours worked in et:reSS of forty hears in such workweek.
2. Violation:liability for unpaid wages, liquidated damages. In the event of any violation of the clause set fonts in 29 CFR 5 5(h)(1) :he contractor and any subcontractor responsible therefor shall be liable for the unpaid wages ano interest from the date of the underpayment. In add,kon, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia ora territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic. including walchpersons and guards, employed in violation of the clause set forth in 29 CFR S.i(b;(i), in the sum of $31 for each calendar day ow- which such fndtvtdual was required or permitted to work ,n excess of the standard workweek of forty nouns without payment or tl•.e overtime wages requi•ed by the clause set forh in 29 CFR 5.5(b)(1).
3. Withholding for unpaid wages and liquidated damages
i. Withholding process The U S Department of Housing and Urban Development or the recipient of Federal asystance may, upon its own action, or must, upon written request of an authorized representative of the Peparlment of t abor, witbho';d or cause to be withheld front the contractor so much of the accrued payments or advances as may be calwolered necessary to satisfy the liabilities of the prime contractor m any subcontractor for any unpaid wages; monetary relief, including mlereet, and liquidated damages required by the clauses set forth in 29 CFR 5.5(b) on this contract, ally other federal contract with the same prime contractor, or any other federally assisted contract subject to the Contract Work Hours and Sa`ety Standards Act that n held by the same pr,me contractor far de5rsed ,n 29 CFR 5.2). The necessary funds may be witnheld from the contractor under this contract, any other Federal contract w;h the same prime contractor, or any ether federally assisted contract that :s subject to the Contract Work Hours and Safety Standards Act and is held by the same prime contractor, regardless of whether the other contract was awarded cr assisted by the same agency, and such funds may be used to satisfy the contractor liability fcr which the funds were withheld.
R Priority to withheld funds The Department has priority, to fun-ds withheld or to be withheld ,n accoidacee with 29 CFR 5.5(a)(2)tii) or (b)(3)(i), or both, over claims to those funds by.
A• A contractor's surety(ies). including without limitation performance burl sureties and payment bond sureties,
fl. A contracting agency for its reprocurement costs;
C. A crwircr(s) (either a courvappointed trustee ora U.S. trustee, or troth) in bankruptcy of a contractor, ora contractor's bankruptcy estate.
0, A contractor's assignee(s);
E. A contractor's successor(s); or
F. A clam asserted under the Prompt Payment Act, 31 US.C. 3901-3907.
Subcontracts. The contractor or subcontractor must insert in any subcontracts the clauses set forth in 29 CFR 5-5(b)(1) through (5) and a cause requiring the subcontractors to include these clauses in any lower tier subcentfxts. Tate .prime contractor is responsible for compliance oy any subcontraear or lower tier subcontractor with the clauses set forth in 29 CFR 5.51b)(1) through (5)_ In the event obi any violations of these clauses, the prime contractor and any subcontractor(s) responsible will be liable for any unpaid wages and monetary relief, including interest from the date of the unde•paynsent or loss. irev aus ad.rian5 obsolete
100
Form MUD 4010 (10/20")
net. Mardil t344.1
Docusign Envelope ID: B085BOBC-1ABF-8A30-81EA-CD228F25144C due to any workers of ower-tier subcontractors, and associated liquidated damage: and may be subject to debarment, as appropriate.
S Anti -retaliation It is unlawful for any person to discharge, derrote, intimidate, threaten, restrain. coerce, blacklist, harass, or rn any other manner discriminate against, or to cause any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, Orin any other manner d.scrimma!e against, any worker or job applicant For.
I. Yotifymg any contractor of any conduct which the worker reasonably believes constitutes a violation of the Contract work Hours and Safety Standards Act (CWHSSA) or its implementing regulations in 23 CFR part 5,
I!. Filing any complaint, inaiating or causing to be initiated any proceeding, or otherwise asserting or seeking to assert on behalf of themselves or others any right or protection under CWHSSA o• 29 CFR part 5;
Ill. Cooperating in any irvedigabon or other compliance action, or testifying in any proceeding under CWHSSA or 29 CFR cart 5; or
iv. Informing any otter persrxr about then rights under CWHSSA ar 29 CFR part 5.
C. CWHSSA required records clause In addition to the clauses contained in 29 CFR 5.5(b). in any contract subject only to the Contruct Work Hours and Safety Standards art and not to any of the other laws referenced by 29 CFR S.1, th.e Agency Fead must cause or require the contracting office,.o iri a Wow requving that the contractor or subcontractor must maintain regular oayro''ls and other bask records during thecourse of the work and must preserve them for a period of 3 years after all the wo-k on the prime contract is completed fur all laborers and mechanics, mc!uding guards and watchpersons, working on the contract. Such records must contain the name. lad known address, telephare. number. and email address, and tonal security number of each such worker; each aicn ke's correct classiF:cation(s) of work actually performed; hourly rates of wages paid; daily and weekly number of hours actually worked; deductions made and actual wages paid. further, the Agency Head must cause or require the contracting officer to insert in any such contract a clause providing that the records to be maintained under this paragraph must be made available by the contractor or subcontractor for inspection, copying, or transcnptior. by au:hurized representatives of the (write the name of agency) and the Department of Labor. and the contractor or subcontractor will permit such representatives to irte—ew workers durmg wofk,ng lours on the job.
O. Incorporation of contract clauses and wage determinations by reference Allhoagh agencies are required to insert the contract clauses set forth in this section, wring Min appfdpTrate wage determinations. in hull into covered contracts, and contractors and subcontractors are required to insert them in any lower her subcontracts. the incorporation by reference of the required coearact clauses and appropriate wage determiratons will be given the same force and effect as if they were inserted in full text.
E. Incorporation by operation of law The contract causes set forth in this sect on (or their equvalent under the Federal Acquisitan Regulation), along with the correct wage determinations, will be considered to be a part of every prime contract required by the applicable statutes referenced by 29 CFR 5.1 to include such clauses, and will be effective by operation of law. wt.ether or not they we included or mcofpo,ated by reference into such contract. unless the Administrator grants a variance, tolerance, or exemption from the application of this paragraph. Where the clauses and applicable wage determinations are effective by operation of law under this paragraph, the prime contractor must be compensated for any resulting increase in wages n arcordarce with applicable law. ere,ious edaions obsolete 9 lams HUD 4010, (10120231
ref. 4a.^.dbock 1344.1
Docusign Envelope ID: B085BOBC-1 ABF-8A30-81 EA-CD228F25144C F. HEALTH AND SAFETY
The provisions of ffis paragraph IF) are applicable where the amount of the prime contract exceeds $100,000
No taborer or mechanic shall be required to work in surrcundings or under working conditions which are unsanitary, ha_ardaus, or dangerous to his or her health and safety, as determined under conslructicv safety and health standards promulgated oy the Secretary of Labor by MilLiaGon The contractor shalt comply with all regulauons issued by the Secretary of Labor pursuant to 29 CFR Par- 1926 and failure to comply may result in imposition of sanctions pursuant to the Contract Wo-¢ Hours and Safety Standards Act, (Publ c Law 92-54, 83 Star 961, 40 U.S,C. 4 3702 et seq.
The contractor shall include the provisions of this paragraph in every subcontract, so that such provisions will be bindirg on eacn subcontractor The contractor shall take such action with respect to any subcontractor as the Ycretary of fine, rg and Urban Development or the Secretary of Labor shaft direct as a means of enforcing such provisions.
Previous ed-t*r, obsolete
102
Form HUD -4010, (206(2023)
ref, l4a,dbcok 1344.1
Docusign Envelope ID: B085BOBC-1ABF-8A30-81EA-CD228F25144C SECTION 3
(Information for the Section 3 Report will be input on LCPtracker) Section 3 Purpose
Seclior 3 of the Housing and Urban Development Act of 1W. as amerded (12 U.S.C. 1701(u)) ('Section 3") requires the Sar. Bernardino County Community Development and Housing Department ("County') to en. -Aire that employment training, contracting and other economic and 'business oppotundies generated by certain United States Department of Housing and Urban Development ('HUD') financial assistance, to the greatest extent feasible. is directed to pub!K hcusirg residents anJ other low. and very low-income persons, particularly reoprents of government housing assistance, and business concerns, .Aobl,cabitlly
As a federal parkipaiiing jurisdiction, the County receives Community Development Block Grant (-CDBG-) funds and Home Investment Partnerships Program ('HOME') funds on an annual basis from HUD. These funds activate Section 3 which applies to any such jurisdiction. and any of its organizatslns, subrecgtients. or other entities receiving in excess of S200.DCO cexnbHned from HUD in any one -year The County occasionally may ruCQJve additional fundrg that may contain a Section 3 requirement.
If developers, contractors. and sbbrontractors and every Suro-tier need to hire new personnel or subcontract portions all SecLon 3 covered work. they must. to the greatest extent feasiblc. ensure that employment and other economic rpportunites are directed to low and very low- income persons (Section 3 workers and largeted Section 3 workers; and to eligible businesses (Section 3 Businessl and recuues the same cf its contractors.
Prime Contrador. Subcontractor and every Srw-tier shall agree to do the fol'owing on Project(s) that are sub;cct to Sectcn 3 rules as descnbed in 24 CFR Part 15, A. Prior to Ilse beginning of work and upon completion of a project. contracors. suboontractcrs and every Sub -tier will be required to certify that they will make or have made best efforts to follow the pnorilizatan of efforts requirements for Section 3 workers. Targeted Section 3 workers, and Section 3 business concems as described in 24 CFR Pant 75
B After completion cf the project contractors, subcontractors and every Sub -tier wFi be required to certify trial they have followed the prionpnation of effort requirements. if the Safe Harbor benchmark requirements as described M 24 CFR Part 75 (see below) were no,. met, evidence of efforts mace to assist low and very low-incorre persons with em&yrrent and training opportunities will need to be proviced.
1. Twenty-five 125) percent or mire of the total number of labor hours worked by all workers on a Section 3 project are Sect,,cn 3 workers; and
2. Five (5) percent or more of the total number of labor hours workod by all workers on a Section 3 project are Targeted Section 3 •workers, as defined at 24 CFR Part 75
C Contractor wfl be responsible to inpfement efforts to achieve Section 3 compliance Contractors sut:initting bids or proposals will be required to certify that they will comply with prioritization of efforts for employment, framing and contracting as described m 24 CFR Part 75
D Contractors, Subcontractors and every Sub -trey must make their best efforts to award contracts and subcontract to business concerns that provide economic opporwvfies to Section 3 workers in the fo',lowng priority.
1. Business concerns :hat provide economic opportunities to Section 3 workers rosiding within the metropolitan area (or non -metropolitan county) ME
Docusign Envelope ID: B085BOBC-1ABF-8A30-81EA-CD228F25144C in which assistance is located in the following order of priority (where feasnie)
a Section 3 business concerns that provide economic oppertunibes to Section 3 workers residing within the service area or the neighborhood of the project; and
b YouthButid programs
E Contractors. Subcontractor and every Sub -tier will provide a Salf-Certification Section 3 Worke• raid Targeted Worker E!igibilay Form for qualified Section 3 worker and Targeted Section 3 workers as defined in 24 CFR Part 75. For the purpose of Section 3 worker eligib4.ty, the Contractor. Subconiraactor and sub -tier will use the indivictial income to deleonine eligibility. The income limits will be determined annualty using the guide! ne published at
ntlns•'r -:.•.v Mutt �°N Giy:wrt:r'4;att7srp,Gl.ttln r.
F In the event Section 3 covered projects include inult,ple sources of funds. including public housing financial assistance and housing and community Oevelocrnent assistance.. the Contractor. Subcontractor and Sub -tier may be required to follow the defirutio n of Section 3 worker and Targeted Section 3 worker as defined in subpart B dr subpart C of 24 CFR Pam 75.
G Contractors, Subcontractor and every Sub -tier that feel that they meet the Section 3 business requirements may self -register in the HUD Business Registry, here:
hlto.r; :•; m: hnKl.nc:!Sre:'3r. Business may seek Section 3 business concern preference by de monstratvg that it meets one of more of the rdlowng criteria:
t At least 51 percent of the business is ovned and contro!Icd by low -or very low- :ncome persons: or
2 At least 51 percent of the business is owned and comrolled by current public ',ousing residents o: residents who currently we in Section a -assisted housing:
or
3. Over 75 percent of the labor hours perfonmsd for the business over the prior three-month period are performed by Section 3 workers.
H Contractor Subcontractar and every, SuB-tier agree to collectat the time of txd;proposat a Self Certification Seclkxi 3 Business Concern Eligibility Icon from any business that seeks a Section 3 preference and that creels Itne Section 3 business criteria as described above and in 24 CFR Part 75
1. Contractors Subcontractor and every Suti-tier wif incorporate the Section 3 language rn all Section 3 covered contracts or agieenents to ensure contractors meet the requirements of 24 CFR Part 75.
J Contractors agree- to submit a Section 3 Cumulative Report inonthiy, anmualiy, and upon the compld+cn of a protect Monthly reporting wH need to be submitted at the beytirniny of each month for the preced:ng month Additionally reporting shall be submitted on an annual Nmis and it the end of each ptowci 104
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a Cwac:Of. ar3 ,riutX:O::i,dC10'S agrrW Io la.e
.tfnn.A-1. Pwfirxxw: aclx:fla 1P ^, i. ;m,1 P'0mrx.
workers who lrann*rally rase Leon d s_tirtlmal/d
wjarrst r the ;w marker, i.'IUt.O:ng x n.
,from., n nkm d rar-dm eUo, zrd
mhg,N;,i gm.:ps. rdAdrties wah dsatl lr rs, a,Yi
.aierans
9 Aff nudivn A..txm S!ep Re9uremet^.b; kv
CQN'57RUCTIQN Cordraciors and S,A1rrnlrAClu•x
PL—OMeI aff rNho xb'-m n rJfl 1
aM1 Pm.•rmt— w 'f!gO:faO by Contracicr and
Subcontractors who he- -wind :rao a
ar ICderoMy'
as"ted GtlUGem f n0!'-c_thLcbOn COnlra!f
it", Z—d st L000 or 510SW n It'. aggrsajal•
:_f a 17-n,vllh pr—I
2 CenlrAdMA And Succool—lnm who ~ 110 d
t'ONttRL1CTION CONTRACT 1
: aloes 10
510,(:OJ mu<i take 16 sOW:ilic a61rutive --,.;n
staPe to CrsWe e0L3t .mMcymont OPCOralrlly.
Theca slaps am ncl.4ed ,n 41 CFR 634 3 (a) Ili
and are a- 4,-,CUded rtfdrtr-Stan3ard FWWO(
Eq— F-1,1,4M.am OPr4lrwrlry Ca15:nlct"
Cornell St*+cF:ahrrs' o1 AllarhnWnl 'b' c! the
tlyd cackagc
Vfir,wtv. A Ul,1 Man re7,In nr+enis frx ` ' '
�ONSTR:iGTiON Caltradxs.
Al Contractors who have erxefed into a
CnNSTRJCT;GN CCNTW,- ano woo I; dd
0.35_ n tn. aT0':rl V S5i1.DOO or n,ortl w In
7•e m•Plenx:nt.nr, nn:.ry n —, orle bseai year
m•A 71 employ SD o, mare—.-4-yn- muS
de.elcu a w1!ar1 Affrnutve Ado— Pnlg•am
.:lh.:n 120 cars .11, It. award ::41..
2 AA Svt M aclws rolr. III g ser ices or sigpIms
w a Cndracta m the irr—FA cf s`10.000 or more
e:.c empoy 50 or more omn7o'rees, must develI p
a w Lllen At9rnw r. Aclwr Program w1:n n 120
days an,,, Iho co -tray —arc dale
C C,en1v_•mrurde' 41 CFR 60
The folio. ng Perso'+S: careacts sha:l be eaemPl
tn" prllgran'
A ca,lracl c, eun;raCts by' a Ccsllrarhr trot do not
aacced s 10.:00 n 0:a aygrrgale omsr a :2aru+xn
;lerod.
2 Ccm.acls !x Wurk r,.tsde the umleo Stales
3 Sfale and Local Co.ernnla'G
4. Ccof'z•_is W:m ce,laln.rf u:;a:r:na: ms1.T11X 1
5 Wwk on or rer. I..*a R 1e ab au
6 Specb- Contracts ,,,I IacAlns kcxm 0aerpl pt
Deputy As Mtanl Sa:rulary
Corlracls wAh rd q:WF crt',Hls
6 Nalklra: srrA,n'r m„1mcLs
Any Cw41.u:k:1 Mu f.l.e, ylW+lw,v1 ku Ar1 eF,:ns:tIX+
s9wuld muacl it. Iocal C—trecl COm —1-c. Often
a nr L' S Deparme:K cf Lawns CFCCP OlTicer wf
f•.rdax mlcrmadcn
II SATISFYING AFFIRMATIVE ACTION PLAN