The Market at Cadillac Commons - Project Manual.pdf

PROPOSED RENOVATION/TOILET ROOM ADDITION

for:

THE MARKET AT

CADILLAC COMMONS

117 W. CASS ST.

CADILLAC, MI 49601

The DK Design Group 1104 S. Mitchell Street Cadillac, Michigan 49601

PROJECT MANUAL

PROPOSED RENOVATION/TOILET ADDITION

for:

THE MARKET AT

CADILLAC COMMONS

CADILLAC, MICHIGAN 49601

Project No. 24113A

OWNER

CITY OF CADILLAC

200 N. LAKE ST.

ARCHITECT

THE DK DESIGN GROUP

1104 S. MITCHELL STREET

CADILLAC, MI 49601

(231) 779-4002

FAX (231) 779-4022

July 15, 2024

INDEX TO PROJECT MANUAL

INVITATION TO BID

INSTRUCTIONS TO BIDDERS

(AIA DOCUMENT A701 “INSTRUCTIONS TO BIDDERS”, 1997

EDITION, IS HEREBY INCORPORATED IN THESE DOCUMENTS)

MEDC - CONTRACT SPECIAL PROVISION (FORM 4-L)

HUD - PERFORMACE BOND-DUAL OBLIGEE (FORM 4-N, HUD-92452)

HUD - PAYMENT BOND (FORM 4-O, HUD-92452A-OHF)

MEDC - SECTION 3 CLAUSE (FORM 4-Q)

HUD - FEDERAL LABOR STANDARDS PROVISIONS (FORM 4-R, HUD-40100)

US DEPT of LABOR - DBRA POSTERS (FORM 4-S)

MEDC - CONTRACTOR PLAN (FORM 9-B3)

MEDC - GRIEVANCE PROCEDURE (FORM 9-I)

MEDC - EXCESSIVE FORCE POLICY (FORM 9-K)

MEDC - CONTRACTOR PERMANENT WORKFORCE (FORM 9-M)

MEDC - LABOR HOURS TRACKING (FORM 9-N)

MEDC - TOTAL LABOR HOURS REPORT (FORM 9-O)

US DEPT of LABOR - PAYROLL (FORM 10-K)

MEDC - PAYROLL DEDUCTION AUTHORIZATION (FORM 10-N)

PREVAILING WAGE RATES FOR STATE FUNDED PROJECTS, OFFICIAL

RATES, WEXFORD COUNTY

BID PROPOSAL FORM

GENERAL CONDITIONS NOTICE

(AIA DOCUMENT A201 “GENERAL CONDITIONS OF THE

CONTRACT”, 1997 EDITION, IS HEREBY INCORPORATED IN

THESE DOCUMENTS)

SUPPLEMENTARY GENERAL CONDITIONS

INDEX TO PROJECT MANUAL

DIVISION 01000 GENERAL REQUIREMENTS

01100 Alternates 01300 General Scope of Project 01301 Applications for Payment 01302 Final Completion and Final Payment 01303 Reports 01304 Shop Drawings 01401 Inspections 01402 Quality Control 01403 Cleaning 01404 Furniture Moving 01501 Shoring 01504 Sanitary Facilities 01505 Water for Building Work 01506 Electrical Energy 01701 Asbestos Containing Materials 01900 Asbestos Abatement

1. PROJECT

PROPOSED RENOVATION/TOILET ROOM ADDITION for

THE MARKET AT CADILLAC COMMONS

2. OWNER

CITY OF CADILLAC

200 N. LAKE ST.

3. ARCHITECT

THE DK DESIGN GROUP

1104 S. MITCHELL STREET

CADILLAC, MICHIGAN 49601

4. PROJECT DESCRIPTION

The project consists of all labor and materials for renovations of the existing Market, and creation of barrier-free toilet rooms.

5. TYPE OF PROPOSAL

A single lump sum proposal is being entertained for combined general, and mechanical / electrical trades work (all trades). Proposal to include State of Michigan, Department of Technology, Management and Budget (DTMB) mandated prevailing wage rates and recording.

6. SUBMISSION AND RECEIPT OF BID

In order for a bid to receive consideration, it must be received prior to the deadline listed. No bids will be accepted after the time specified as the deadline for bids. The Owner, the City of Cadillac, reserves the right to postpone the bid opening for its own convenience. The Owner will receive proposals for the work herein set forth until 10:00 AM, local time, Friday, October 18, 2024. Sealed Bids shall be clearly marked “Proposed Renovations/Addition – The Market at Cadillac Commons, City of Cadillac” and shall be sealed when submitted. Bids shall be mailed or delivered to City of Cadillac, Attn: Mr. Owen Roberts – 200 N. Lake St., Cadillac, MI 49601. Bids are considered received when in the possession of the City Office. It is the proposer’s responsibility to ensure that the bids are received in the proper location.

A Pre-Bid meeting will be held Wednesday, October 2, 2024, at 10:00 AM at the Proposed Site on 117 W. Cass St. Bidders are encouraged to attend.

Bids shall be submitted on forms furnished by the Architect as part of the Bidding Documents and shall be executed completely in strict accordance with the Bidding Documents. Bid opening shall be public.

7. BIDDING DOCUMENTS

Construction Documents will be available and issued by the Architect.

Copies of all official bidding documents will be available for reference at:

1. City of Cadillac.

2. The DK Design Group/ Cadillac.

City of Cadillac and The DK Design Group cannot guarantee the accuracy and is not responsible for any errors contained in any information received from alternate sources.

8. INTERPRETATION OF BID AND/ OR CONTRACT DOCUMENTS

Any interpretation to a proposer regarding the bid or any part thereof is valid only if given by the Architect. Interpretations may or may not be given orally (may be written) depending on the nature of the inquiry. Interpretations that could affect other proposers will be in writing and issued by the Architect. All inquires shall be made within reasonable time prior to the stated deadline in order that a written response in the form of an addendum, if required can be processed before bids are opened. Inquiries received that are not made in a timely fashion may or may not be considered. Any inquires related to bid or product specifications should be sent to the by phone at (231) 779-4002 or email to dean@dkdesign.cc.

9. CHANGES AND ADDENDA TO BID DOCUMENTS

Each change or addendum issued in relation to this bid will be issued by email or fax and will also be on file at the Architect’s Office. It shall be the proposer’s responsibility to make inquiry as to the changes or addenda issued. All such changes or addenda shall become part or the contract and all proposers shall be bound by such changes or addenda.

10. ALTERNATES

Proposers are cautioned that any alternate bid, unless requested by the Architect/Owner, or any changes, insertions, or omissions to the terms and conditions, specifications, or any other requirements or this bid, may be considered non-responsive, and at the opinion of the Architect/Owner, may result in rejection of the bid.

11. AWARD

The contract will be awarded to that responsible, responsive firm whose bid, confirming to this solicitation, will be most advantageous to the Owner, price and other factors considered. City of Cadillac reserves the right to accept or reject any or all bids, in part or whole and to waive informalities and minor irregularities in bids received. Unless otherwise specified in the document the Owner reserves the right to accept any item in the bid on an individual basis. Proposers may submit bids on any item or group of items provided unit prices are clearly shown and a notation is made on the document clearly indicating Proposer’s intent.

12. WITHDRAWL

Bids may only be withdrawn by written notice prior to the date and time set for the opening of bids. No bid may be withdrawn after the deadline for submission.

13. TO COMPLY

For failure to deliver or perform in accord with the accepted bid, the Owner may consider the contractor in default and take steps to protect the Owner’s interest. The Owner may, without impairing its other rights and benefits, purchase all or part of the contract goods or services on the open market and charge any additional costs to the contractor or his surety.

14. NON-COLLUSION CLAUSE

By signing and submitting this bid, proposer states that his/ her bid is genuine and not collusive or sham; such proposer has not colluded, conspired, connived, or agreed, directly or indirectly, with any proposer or person, to put in sham bid, or that such other person will refrain from proposing and has not in any manner, directly or indirectly, colluded, conspired, connived, or agreed, with any person, to fix the price of affiant or any other proposer, or to fix any overhead, profit or cost element of said bid price.

15. NON-DISCRIMINATION CLAUSE

By signing and submitting this bid for consideration of an award by City of Cadillac, the contractor and any subcontractor covenants not to discriminate against an employee or applicant for employment with respect to hire, tenure, terms, conditions, or privileges of employment or a matter directly or indirectly related to employment, because of race, color, religion, national origin, age, sex, weight, height, marital status or a disability that is unrelated to the individual’s ability to perform the duties of a particular job or position.

Breach of this covenant may be regarded as a material breach of the contract.

16. BID, PERFORMANCE AND PAYMENT BONDS

Bid Bond or Certified Check will be required for this project, in the amount of five percent (5%).

Performance and Payment Bond will be required for this project, in the amount of one-hundred percent (100%).

17. PREVAILING WAGES

Proposal to include Davis-Bacon mandated prevailing wage rates and recording. Most current, applicable Wage Rates (for Wexford County, MI) are included in this Project manual.

18. GRANT REQUIREMENTS

As listed in the Index to Project Manual, there are several requirements to be noted and forms to be completed. They are included in the project manual for informational purposes. They can be easily accessed and completed electronically at: https://www.miplace.org/programs/community-development-block-grant/grant-administration-manual/

19. PROPOSAL ACCEPTANCE

The Owner reserves the right to accept or reject any or all bids, in whole or in part and to waiver irregularities in any proposal in the interest of the Owner.

https://www.miplace.org/programs/community-development-block-grant/grant-administration-manual/

1. JOB SITE VISITS

A Pre-Bid meeting will be held Wednesday, October 2, 2024, at 10:00 AM at the Proposed Building Site, located on 117 W. Cass St., Cadillac, MI 49601. All bidders shall be responsible for familiarizing themselves with on-site job conditions and with the Bidding Documents. Failure to do so shall in no way incur any delays in work or extra cost to the Owner.

2. PROPOSALS

Sealed proposals for the work named on the title page and described in the Contract Documents will be received at City of Cadillac, Attn: Mr. Owen Roberts - 200 N. Lake St., Cadillac, MI 49601, by the bid due date specified below.

BID DUE DATE: Friday, October 18, 2024 TIME: 10:00 AM

Proposals shall be submitted in duplicate and shall be in a sealed opaque envelope, delivered to address listed on the Proposal Form and marked on the outside with the bidder's name and name of project.

Proposal shall state price in both writing and figures, shall be signed personally by the bidder and by a partner or by a duly authorized officer for a corporation and shall give the bidder's business address.

Proposal shall be based only upon the materials, construction and equipment named or described in the Contract Documents. Suggested alternate proposals for work other than that specified or shown will be given consideration, but are subject to the terms and requirements of the general conditions of the Contract.

Proposals shall be for the completed work as required by the Contract Documents including all overtime operations and money allowances. Proposal shall also include prevailing wage rates.

The bid opening will be public. Bidders will be allowed to attend opening. The Architect will notify bidders as to outcome.

3. BIDDING DOCUMENTS

Electronic PDF files of the Contract documents will be made available via email, contact The DK Design Group offices. A hard copy will be available for review at The DK Design Group offices.

4. CONTRACTS WITH SUBCONTRACTORS

All contracts made by the successful bidder with subcontractors shall be covered by the terms and conditions of the Contract. The successful bidder shall see to it that subcontractors are fully informed in regard to these terms and conditions.

5. ADDITIONAL INFORMATION

If additional information is needed by the bidder, or if revisions in the work are to be included in the proposal, written instructions covering such items will be issued by the Architect to the bidder by addendum, and such items shall be included in the proposal. No oral instructions or interpretations will be considered as binding on the Owner or the Architect unless confirmed by an addendum.

Bidders shall submit written requests for interpretation of the documents to the Architect as soon as possible. If such an interpretation is not requested, the bids will be presumed to be based upon the interpretation and directions given by the Architect after Contract award, in accordance with the provisions of the Contract.

6. OWNER'S RIGHT TO REJECT BIDS

All proposals submitted shall remain firm for a period of 60 days after the date specified for receipt of proposals.

The Owner reserves the right to reject any or all proposals submitted.

7. FORM OF AGREEMENT

The agreement between Owner and Contractor shall be executed on the AIA Document A101 "The Standard Form of Agreement Between Owner and Contractor", the current edition, where the basis of payment is a stipulated sum.

The bidder shall state in the space provided in the proposal form the charges, expressed as a percentage of the cost, for changes in the work when done by his own organization and when done by subcontractors under his contract. Fees shall include all charges for supervision, on-site superintendence, overhead and profit.

Charges for taxes, social security payments and insurance shall be computed separately and shall not be subjected to percentage fee.

8. SUBSTITUTIONS

To obtain approval to use unspecified products, bidders shall submit written requests at least ten (10) days before the scheduled bid date. Requests shall clearly describe the product for which approval is asked, including all data necessary to demonstrate acceptability. Acceptable products will be approved via addendum.

Acceptance of a product by the Architect does not warrant that the product is identical to original specification in size, fit or other relationship to building components. No additional costs will be allowed for accommodation of alternative products.

9. AIA DOCUMENT A701

Unless otherwise noted herein, AIA Document A701 ‘Instructions to Bidders’ shall apply. Copies may be obtained from the Architect: The DK Design Group, 1104 S. Mitchell Street, Cadillac, MI 49601, (231) 779-4002 or from the Michigan Society of Architects, 553 E. Jefferson, Detroit, MI 48226.

10. WITHDRAWAL OF BIDS

A. Bids may be withdrawn on written or facsimile request received from bidder prior to the time set for receipt of bids. Bids may not be withdrawn after the time set for receipt of bids. See item 12 WITHDRAWL in Invitation to Bid.

B. Owner reserves the right to withdraw or amend this Bid request at any time and, at its option, to accept a new Proposal.

11. TIME AND COMPLETION

A. Bidder shall commence work under the Contract in accordance with the Notice to Proceed and agrees to complete the Project by a date proposed by the Bidder and accepted by the Owner. By submitting a bid, the Bidder agrees that time is of the essence of the Project and shall, if awarded the Contract, expeditiously pursue the Work to its completion.

B. It is the Owner’s intention to order all long lead items for the project as soon as possible. The owner would like to begin construction as soon as possible. Work must be completed by May 10, 2025. The Contractor shall coordinate work with the Owner.

12. TERMS FOR THE AWARD OF CONTRACT

A. The Contract will be awarded to a responsible Contractor at the sole discretion of the Owner after consideration of the quality of service, product, price and other factors that the Owner deems relevant to the service to be performed. Prospective offerors must have a satisfactory record of Contract performance, integrity and business ethics, and adequate financial resources to meet the contractual requirements over the life of the Contract.

B. All proposals shall be irrevocable to sixty (60) days after the last date for the receipt of proposals. The Owner reserves the right to conduct negotiations with offerors after the receipt of proposals, including the request for oral presentations, without jeopardizing its rights to accept any proposal submitted.

C. Awards will be made and/or proposals will be rejected in writing within sixty (60) days after the last date for the receipt of proposals. Written notice by the Owner of acceptance of the offeror's proposal, or any portion thereof, shall be binding on the offeror.

D. In the event that offeror's proposal is considered favorably, the Owner may also review the offeror's technical and financial ability to perform. As a condition to the award of any work, the offeror will be required to make available all requested data to the Owner and to provide assurances of adequate quantities and type of products, equipment and personnel necessary to perform the services (equipment to be used for the performance of the service may be new or used, currently owned or to be acquired prior to commencement of service). The Owner may conduct interviews with selected offerors prior to the award of contract.

E. The Owner reserves the right to reject all proposals.

F. The Owner reserves the right to conduct further negotiations with any qualified offerors.

G. The Owner reserves the right to award a Contract based on initial proposals. Accordingly, each initial proposal should be submitted with the most favorable terms from a price and service standpoint.

H. Proposals may be considered irregular and may be rejected if they show omissions, alterations of form, additions of form, additions not called for, conditions, limitations, unauthorized alternate bids or irregularities of any kind.

I. Proposals will be made available for inspection or comment by any person or organization other than Owner’s professional Consultants and Owner personnel responsible for evaluation of each proposal.

12. GRANT REQUIREMENTS AND FORMS

As listed in the Index to Project Manual, there are several requirements to be noted and forms to be completed. They are included in this manual for informational purposes. They can be easily accessed and completed electronically at: https://www.miplace.org/programs/community-development-block-grant/grant-administration-manual/

MICHIGAN ECONOMIC DEVELOPMENT CORPORATION CDBG

4-L CONTRACT SPECIAL PROVISIONS 04/03/20

MEDC

GRANTS ADMINISTRATION

COMMUNITY DEVELOPOMENT BLOCK GRANT

PROGRAM

CONTRACT SPECIAL PROVISIONS

The following CDBG Contract Special Provisions should be used with all construction contracts, and professional service contracts, where CDBG funds are being used in whole or in part.

CONTRACT SPECIAL PROVISIONS

1. Definitions: For purposes of this Contract, the following terms shall have the meanings set forth below:

(a) “Assistance” means the CDBG grant funds provided, or to be provided, to the Grantee by the State, pursuant to the Grant Award Agreement.

(b) “CDBG” means Community Development Block Grant.

(c) “Contract” means the contractual agreement between the Owner and the Contractor to which these Contract Special Provisions have been incorporated and made a part thereof.

(d) “Contractor” means the contractor whose services are retained pursuant to the Contract.

(e) “Grantee” means the unit of local government designated as the recipient of the Assistance in the Grant Award and signing the acceptance provision of the Grant Award.

(f) “HUD” means U.S. Department of Housing and Urban Development, which is the federal agency that awards and has authority over CDBG funding to the State.

(g) “Owner” means the Grantee or Subrecipient, as applicable.

(h) “Project” means the project for which the services of the Contractor have been retained pursuant to the Contract which are funded, in whole or in part, with CDBG funds.

(i) “State” means the State of Michigan, or that agency, agency division, or Office of State government which has been delegated the responsibility for administering the CDBG program for the State of Michigan, as appropriate.

(k) “Labor Surplus Area” means a civil jurisdiction that has an unemployment rate at least 20% above the average unemployment rate for all states, the District of Columbia, and Puerto Rico during the previous two calendar years. The Department of Labor issues the labor surplus area list on a fiscal year basis.

2. Prime Contractor Responsibilities: The Contractor is required to assume sole responsibility for the complete effort and enforcement of laws and regulations under this Contract. The Owner will consider the Contractor to be the sole point of contact with regard to contractual matters. All contractors, including subcontractors must be registered in SAM and eligible to receive federal contracts.

3. Federal and State Laws: The Contractor agrees to comply with all CDBG requirements as well as other federal and state laws, regulations, or Executive Orders. The State reserves the right to add or delete terms and conditions of this Contract as may be required by revisions and additions or changes in the requirements, regulations, and laws governing the CDBG Program.

4. Procurement and Contracting: In accordance with 2 CFR Part 200, the cost plus a percentage of cost and percentage of construction cost methods of contracting shall not be used. This provision shall supersede any conflicting provision in an executed contract document or agreement funded in whole or in part with CDBG funds.

5. Ownership: Ownership of all real or personal property, acquired in whole or in part with CDBG funds for use on this Project, shall be vested in the Grantee, unless otherwise authorized by the State. When the Grantee determines that the property is no longer required for the purposes of this Project, the Grantee must notify the State and obtain approval for disposition of the property in accordance with applicable guidelines.

6. Copyright: Except as otherwise provided in the terms and conditions of this Contract, the Contractor paid through this Contract is free to copyright any books, publications or other copyrightable materials developed in the course of the Project and under this Contract. However, HUD and the State reserve a royalty-free, non-exclusive and irrevocable license to reproduce, publish or otherwise use and to authorize others to use, for Federal government and State purposes:

(a) the copyright in any work developed under this Contract; and

(b) any rights of copyright to which a subcontractor purchases ownership with grant support.

The Federal government's rights and the State’s rights identified above must be conveyed to the publisher and the language of the publisher’s release form must insure the preservation of these rights.

7. Reporting Requirements: The Contractor agrees to complete and submit all reports, in such form and according to such schedule, as may be required by the State or HUD. Further, the Contractor agrees to require any subcontractors to submit reports that may be required and to incorporate such language in its agreements. Failure to meet deadlines with the required information could result in sanctions.

8. Access to Records: All records with respect to all matters covered by this Contract shall be made available at any time for audit and inspection by HUD, the State or the Grantee or their representatives upon their request.

9. Maintenance of Records: Records for non-expendable property purchased totally or partially with Federal funds must be retained for five years after final close-out of the grant. All other pertinent contract records including financial records, supporting documents and statistical records shall be retained for a minimum of five years after the final close-out report. However, if any litigation, claim, or audit is started before the expiration of the five-year period, then records must be retained for five years after the litigation, claim or audit is resolved.

10. Confidential Information: Any reports, information, data, etc., given to, prepared by, or assembled by the Contractor under this Contract, which the Grantee or the State requests to be kept confidential, shall not be made available to any individual or organization by the Contractor without prior written approval of the Grantee or the State, as applicable.

11. Reporting of Fraudulent Activity: If at any time during the term of this Contract anyone has reason to believe by whatever means that, under this or any other program administered by the State, a recipient of funds has improperly or fraudulently applied for or received benefits, monies or services pursuant to this Contract or any other contract, such information shall be reported immediately to the appropriate authorities.

12. Political Activity: None of the funds, materials, property or services provided directly or indirectly under this Contract shall be used for any partisan political activity, or to further the election or defeat of any candidate for public office or otherwise.

13. Conflicts of Interest and Ethical Standards: The following provisions regarding “conflicts of interest” apply to the use and expenditure of CDBG funds by the Grantee and its subrecipients, including the Contractor.

In the procurement of supplies, equipment, construction and services, the more restrictive conflict of interest provisions of the State of Michigan Ethics laws, or of the Contractor shall apply.

In cases not governed by the above, such as the acquisition and disposition of real property and the provision of CDBG assistance to individuals, businesses and other private entities, the following provisions shall apply.

Except for eligible administrative or personnel costs, the general rule is that no person who is an employee, agent, consultant, officer, or elected or appointed official of the State or a unit of general local government or any designated public agencies or subrecipient which are receiving CDBG funds who exercise or have exercised any function or responsibilities with respect to CDBG activities assisted herein or are in a position to participate in a decision making process or gain inside information with regard to such activities, may obtain a financial interest or benefit from the activity, or have an interest in any contract, subcontract or agreement with respect thereto, or the proceeds thereunder either for themselves or those with whom they have family or business ties during their tenure or for one year thereafter. Exceptions may be granted by the State on a case by case basis as requested upon full disclosure in writing.

Should any governmental entity, contractor, subcontractor, employee or official know or perceive any breach of ethical standards or conflict of interest under the CDBG grant awarded to the Grantee or any other CDBG grant, they shall immediately notify in writing the MEDC. If the State finds any circumstances that may give rise to a breach of ethical standards or conflict of interest, under any grant, they shall notify the participating governmental entity and the State Ethics Commission as appropriate. The State may undertake any administrative remedies it deems appropriate, where there is a breach of ethical standards or conflict of interest under the regulations governing the CDBG Program and the State policies.

14. Applicable Law: In addition to the applicable Federal laws and regulations, this Contract is also made under and shall be construed in accordance with the laws of the State. By execution of this Contract, the Contractor agrees to submit to the jurisdiction of the State for all matters arising or to arise hereunder, including but not limited to performance of said Contract and payment of all licenses and taxes of whatever kind or nature applicable hereto.

15. Limitation of Liability: The Contractor will not assert in any legal action by claim or defense, or take the position in any administrative or legal procedures that he is an agent or employee of the Owner.

This provision is not applicable to contracts for CDBG administration services where the Contractor is a Council of Government. The State shall not be liable for failure on the part of the Grantee or any other party to perform all work in accordance with all applicable laws and regulations. The Grantee agrees to defend, indemnify, and hold harmless the State from and against all claims, demands, judgments, damages, actions, causes of actions, injuries, administrative orders, consent agreement and orders, liabilities, penalties, costs, and expenses of any kind whatsoever, including, without limitation, claims arising out of loss of life, injury to persons, property, or business or damage to natural resources in connection with the activities of the Grantee and any other third parties in a contractual relationship with the Grantee, or a subsidiary, whether or not occasioned wholly or in part by any condition, accident, or event caused by any act or omission of the State as a result of the Assistance.

16. Legal Services: No attorney-at-law shall be engaged through the use of any funds provided under this Contract in any legal action or proceeding against the State, the Grantee, any local public body or any political subdivision.

17. Contract: If any provision in this Contract shall be held to be invalid or unenforceable, the remaining portions shall remain in effect. In the event such invalid or unenforceable provision is considered an essential element of this Contract, the parties shall promptly negotiate a replacement provision, which addresses the intent of such provision.

18. Amendments: Any changes to this Contract affecting the scope of work of the Project must be approved, in writing, by the Owner and the Contractor and shall be incorporated in writing into this Contract. Any amendments of the original contract must have written approval by the State prior to execution.

19. Termination for Convenience: This Contract may be terminated for convenience in accordance with

2 CFR Part 200.

20. Sanctions: If the Contractor fails or refuses to comply with the provisions set forth herein, the State or Owner may take any or all of the following actions: cancel, terminate or suspend in whole or in any part the contract, or refrain from extending any further funds to the Contractor until such time as the Contractor is in full compliance.

21. Subcontracting: If any part of the work covered by this Contract is to be subcontracted, the

Contractor shall identify the subcontracting organization and the contractual arrangements made therewith to the Owner and to the State. All subcontracts must be approved by the Owner and the State to insure they are not debarred or suspended by the Federal or State governments and to insure the Owner and the State understand the arrangements.

22. Subcontracting with Small and Minority Firms, Women’s Business Enterprise and Labor Surplus

Areas: It is national policy to award a fair share of contracts to disadvantaged business enterprises (DBEs), small business enterprises (SBEs), minority business enterprises (MBEs) and women’s business enterprises(WBEs). Accordingly, affirmative steps must be taken to assure that DBEs, SBEs, MBEs and WBEs are utilized when possible as sources of supplies, equipment, construction and services.

Affirmative steps shall include the following:

(a) Including qualified DBEs, SBEs, MBEs and WBEs on solicitation lists;

(b) Assuring that DBEs, SBEs, MBEs and WBEs are solicited whenever they are potential sources;

(c) Whenever economically feasible, dividing total requirements into smaller tasks or quantities so as to permit maximum participation by DBEs, SBEs, MBEs and WBEs;

(d) Where the requirement permits, establishing delivery schedules which will encourage participation by DBEs, SBEs, MBEs and WBEs;

(e) Using the services and assistance of the Small Business Administration, Minority Business Development Agency, the State Office of Small and Minority Business Assistance, the U.S. Department of Commerce and the Community Services Administration as required; and

(f) Requiring the subcontractor, if any, to take the affirmative actions outlined in (1) – (5) above.

23. Debarment Certification: The Contractor must comply with Executive Orders 12549 and 12689 regarding Federal debarment and suspension regulations prior to entering into a financial agreement for any transaction as outlined below.

(a) Any procurement contract for goods and services, regardless of type, expected to equal or exceed the Federal procurement small purchase threshold (which is $250,000 and is cumulative amount from all federal funding sources).

(b) Any procurement contract for goods and services, regardless of amount, under which the Contractor will have a critical influence on or substantive control over the transaction.

In addition, no contract may be awarded to any contractors who are ineligible to receive contracts under any applicable regulations of the State.

24. Equal Employment Opportunity: The Contractor will comply with all provisions of Executive Order

11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the State.

In carrying out the Project, the Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor must take affirmative action to insure that applicants for employment are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor shall post in conspicuous places, available to employees and applicants for employment, notices to be provided by the State setting forth the provisions of this non-discrimination clause. The Contractor shall state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. The Contractor will, in all solicitations or advertisements for employees by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. The Contractor shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for the Project unless exempted by rules, regulations, or orders of the State issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor.

The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the State advising the said labor union or workers’ representatives of the Contractor’s commitment under this Section and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the State, or pursuant thereto, and will permit access to its books, records, and accounts by HUD and the State for purposes of investigation to ascertain compliance with such rules, regulations, and orders.

In the event of the Contractor's noncompliance with the non-discrimination clauses of this Contract or with any of such rules, regulations, or orders, this Contract may be canceled, terminated or suspended in whole or in part and the Contractor may be declared ineligible for further State government contracts or federally assisted construction contract procedures authorized in Executive Order 11246 of September 24, 1965, or by rules, regulations, or orders of the State, or as otherwise provided by law.

25. Age Discrimination: In accordance with 45 CFR, Parts 90 and 91, the Contractor agrees there shall be no bias or age discrimination as to benefits and participation under this Contract.

26. Section 109 of the Housing and Community Development Act of 1974: No person in the United States shall on the grounds of race, color, national origin or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under the CDBG program of the State.

27. Section 504 of the Rehabilitation Act of 1973, as amended: The Contractor agrees that no otherwise qualified individual with disabilities shall, solely by reason of his disability, be denied the benefits, or be subjected to discrimination including discrimination in employment, any program or activity that receives the benefits from the Assistance.

28. Section 3, Compliance and Provision of Training, Employment and Business Opportunities: The work to be performed under this Contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, (12 USC § 1701u). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by Section 3 shall, to the greatest extent feasible be directed to low and very low-income persons, particularly persons who are recipients of HUD assistance for housing.

The parties to this said Contract agree to comply with HUD's regulations in 24 CFR Part 135, which implement Section 3. As evidenced by their execution of this Contract, the parties to this Contract certify that they are under no contractual or other impediment that would prevent them from complying with the 24 CFR Part 135 regulations.

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

The Contractor agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR Part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR Part 135. The Contractor will not subcontract with any subcontractor where the Contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 135.

The Contractor will certify that any vacant employment positions including training positions, that are filled (1) after the Contractor is selected but before this Contract has been executed, and (2) with persons other than those to whom the regulations of 24 CFR Part 135 require employment opportunities to be directed, were not filled to circumvent the Contractor's obligations under 24 CFR Part 135.

The Contractor agrees to submit such reports as required to document compliance with 24 CFR Part

135. Noncompliance with the regulations in 24 CFR Part 135 may result in sanctions, termination of this Contract for default, and debarment or suspension from future HUD assisted contracts.

29. Lead-Based Paint: The construction or rehabilitation of residential structures with any portion of the Assistance is subject to the HUD Lead-Based Paint regulations found at 24 CFR Part 35. Any grants or loans made by the Grantee for the rehabilitation of residential structures with any portion of the Assistance shall be made subject to the provisions for the elimination of lead-based paint hazards under subpart B of said regulations, and the Grantee shall be responsible for the inspections and certifications required under Section 35.14(f) thereof.

30. Compliance with Air and Water Acts: (Applicable to construction contracts and related subcontracts exceeding $100,000) This Contract is subject to the requirements of the Clean Air Act, as amended, 42 USC § 7401 et seq., the Federal Water Pollution Control Act (Clean Water Act), as amended, 33 USC § 1251 et seq., and the regulations of the Environmental Protection Agency with respect to 40 CFR Part 15, as amended from time to time. In particular, the following are required:

(a) A stipulation by the Contractor or subcontractor that any facility to be utilized in the performance of any nonexempt contract or subcontract is not listed on the List of Violating Facilities, issued by the Environmental Protection Agency (EPA) pursuant to 40 CFR § 15.20.

(b) Agreement by the Contractor to comply with all the requirements of Section 114 of the Clean Air Act, as amended (42 USC § 7414) and Section 308 of the Federal Water Pollution Control Act, as amended (33 USC § 1318) relating to inspection, monitoring, entry, reports and information, as well as all other requirements specified in said Sections 114 and 308, and all regulations and guidelines issued thereunder.

(c) A stipulation that as a condition of award of contract prompt notice will be given of any notification received from the Director, Office of Federal Activities, EPA, indicating that a facility utilized or to be utilized for the contract under consideration is to be listed on the EPA list of Violating Facilities.

(d) Agreement by the Contractor that the Contractor will include or cause to be included the criteria and requirements in these subparagraphs (1) through (4), in every nonexempt subcontract and requiring that the Contractor will take such action as the State may direct as a means of enforcing such provisions.

In no event shall any amount of the Assistance be utilized with respect to a facility which has given rise to a conviction under section 113(c)(1) of the Clean Air Act or Section 309(c) of the Federal Water Pollution Control Act.

31. Federal Labor Standards Provisions: (Applicable to construction contracts in excess of $2,000 or residential rehabilitation contracts involving more than eight units)

The Project or program to which the construction work covered by this Contract pertains is being assisted by the United States of America and the Federal Labor Standards Provisions as set forth on Attachment 1 are included in this Contract pursuant to the provisions applicable to such Federal assistance. These provisions must be complied with or sanctions will be instituted.

ATTACHMENT 1

U.S. Department of Housing and Urban Development, Office of Labor Relations form HUD4010 (06/2009) ref. Handbook 1344.1

A. 1. (i) Minimum Wages. All laborers and mechanics employed or working upon the site of the work will be paid unconditionally and not less often once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached thereto and made a part thereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section l(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5.5 (a)(1)(iv); also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period.

Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification of the time actually work therein:

Provided, That the employer’s payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification an wage rates conformed under 29 CFR 5.5(a)(1)(ii) and the Davis-Bacon poster (WH- 1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible, place where it can be easily seen by the workers.

(ii) (a) Any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination.

HUD shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met:

(1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and

(2) The classification is utilized in the area by the construction 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.

(b) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or its designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or its designee to the Administrator of the Wage and Hour Division, Employment

Standards Administration, U.S. Department of Labor, Washington, D.C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 12150140.)

(c) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and HUD or its designee do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), HUD or its designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or its designee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1214-0140.)

(d) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(ii)(b) or (c) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification.

(iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof.

(iv) If the contractor 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 fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the Contractor to set aside in a separate account assets for the meeting of obligations under the plan or program.

(Approved by the Office of Management and Budget under OMB Control Number 1215-0140.)

2. Withholding. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other Federal-assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime contractor so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice trainee or helper, employed or working on the site of the work, all or part of the wages required by the contract, HUD or its designee may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension or any further payment, advance, or guarantee of funds until such violations have ceased. HUD or its designee may, after written notice to the contractor, disburse such amounts withheld for an on account of the contractor or subcontractor to the respective employees to whom they are due. The Comptroller General shall make such disbursements in the case of direct Davis-Bacon Act contracts.

3. (i) Payrolls and basic records. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work.