HomeMy WebLinkAboutItem 10d - CDBG Program Management Services
DATE: November 19, 2024
TO: Honorable Mayor and City Council
FROM: Jason Kruckeberg, Assistant City Manager/Development Services Director
By: Jeramie Brogan, Management Analyst
SUBJECT: PROFESSIONAL SERVICES AGREEMENT WITH WILLDAN
ENGINEERING FOR COMMUNITY DEVELOPMENT BLOCK GRANT
(“CDBG”) HOUSING REHABILITATION PROGRAM MANAGEMENT AND
ADMINISTRATIVE SERVICES IN THE AMOUNT OF $49,150, PLUS A
10% CONTINGENCY
CEQA: Not a Project
Recommendation: Approve
SUMMARY
The City receives Community Development Block Grant funds each year to administer
the Housing Rehabilitation Program (“Home Improvement Program”), which provides
grants for qualifying improvements to low- and moderate-income homeowners. The City’s
current Home Improvement Program consultant announced her retirement and, on July
25, 2024, a Request for Proposals (“RFP”) was issued and sent to 11 consultants with
experience in administering such programs.
Based on the evaluated proposals received, it is recommended that the City Council
approve, authorize and direct the City Manager to execute, a Professional Services
Agreement with Willdan Engineering (“Willdan”) for Community Development Block Grant
(“CDBG”) Housing Rehabilitation Program Management and Administrative Services in
the amount of $49,150, plus a 10% contingency. The Agreement includes an option for
three, one-year contract renewals at the sole discretion of the City Manager without
requiring any further approvals from the City Council, provided that the pricing structure
and other details remain within inflationary norms.
BACKGROUND
The City receives CDBG funds each year through the Los Angeles County Development
Authority (“LACDA”). These funds are used for programs and projects that benefit low-
and moderate-income residents. The City Council approves the objectives and projects
for the use of CDBG funds each year.
Professional Services Agreement with Willdan Engineering
for CDBG Housing Rehab and Administrative Services
November 19, 2024
Page 2 of 4
The funding and projects for Fiscal Year 2024-25 were approved by the City Council on
January 16, 2024. A significant portion of the CDBG funds the City receives each year
are allocated to the Home Improvement Program. The Home Improvement program
provides grants of up to $25,000 to owner-occupants of single-family residences, and
$20,000 for townhomes and condominiums, for eligible improvements for low- and
moderate-income homeowners. Typical improvements and repairs include exterior
painting, roof replacement, modifications to accommodate disabilities and special needs,
energy-efficiency improvements, replacement of windows, termite damage repair work,
new air-conditioning units and water heaters, and plumbing work. These improvements
enhance the livability of the home, and help preserve the value of the subject property
and the surrounding neighborhood by avoiding blight.
For Fiscal Year 2024-25, the Home Improvement Program allocation totals $370,056. A
maximum of 20% of the HIP funding may be used for program administration
(approximately $74,000 for FY 2024-25). The reporting requirements and income
verification portions of this program are very challenging and time consuming. For this
reason, majority of the administrative funds are used to contract with a program
consultant who understands the processes and policies of the CDBG program and can
work closely with applicants. The vetting process for eligibility alone is a time-consuming
process, as up to 50% of those who apply for the program do not ultimately qualify.
The City’s current consultant, Beatrice Picon, has administered this program for Arcadia
for over 10 years and recently announced her retirement, prompting the search for a new
consultant. The consultant works approximately 11 hours per week, with a goal of
completing 10-to-12 Home Improvement Program projects each year.
DISCUSSION
The Development Services Department solicited proposals for a new Home Improvement
Program consultant, one that could bring valuable expertise in broader CDBG program
management and administration. The RFP was issued on July 25, 2024, and sent to 11
consultants with experience administering and managing housing rehabilitation and
CDBG programs. A Notice Inviting Proposals was published in accordance with City
Council Resolution No. 7483 and published in the Arcadia Weekly.
The City received three proposals from the following consultants in response to the RFP:
Consultant Location Proposed Cost Proposal*
Willdan
Engineering
City of
Industry, CA
(Local office)
Hourly Rate: $120-$135+ (Varies based upon
staff member assigned to task)
Housing Programs Menifee, CA Hourly Rate: $100
Professional Services Agreement with Willdan Engineering
for CDBG Housing Rehab and Administrative Services
November 19, 2024
Page 3 of 4
Sandra Medrano
(Sole proprietor)
Hacienda
Heights, CA
Hourly Rate: $90
*Regardless of the proposed hourly rate, consultant costs shall not exceed the 20% CDBG administrative
cap ($74,000 for Fiscal Year 24-25)
Proposals were evaluated based upon the following criteria: thoroughness and
understanding of the scope of work, related experience, references, proposal quality, and
the cost proposal. The proposal review committee evaluated all proposals and conducted
interviews, after which, the committee selected Willdan as the top choice to perform the
requested services. They provided a quality proposal that showed a strong understanding
of the needs of the City and an understanding of CDBG programs, in general. Willdan
has over 25 years of experience in the administration of federal and state Community
Development grants and has assisted many neighboring cities in this work. Willdan also
has a broad range of experienced employees in a number of fields, which will help the
City pivot if the program focus changes over time.
The structure of the cost proposals varied, as consultants will typically bill at an hourly
rate per task but can also bill on a per project basis (i.e. per case file), or an annual not-
to exceed total. Despite these options, the most effective way to compare consultants in
this case is based on their hourly rate. Although Willdan proposed the highest hourly rates
of the three proposals, they provide a full range of CDBG services, offering the flexibility
and expertise needed to adapt to any shifts in program focus, which is of particular
importance to the City at this time. The other consultants are more limited in their scope,
with less ability to work on a variety of projects and provide the same overall value. Also,
it is important to note that there is an administrative cap placed on all CDBG projects each
year that cannot be exceeded, regardless of the hourly rate of the consultant.
Under the proposed Agreement, Willdan will manage all aspects of the Home
Improvement Program and perform the related administrative tasks at a prorated rate of
$49,150 for Fiscal Year 2024-25. The consultant expenditures will be reimbursed using
grant funds and will not exceed the 20% administrative cap allowed under the CDBG
program.
ENVIRONMENTAL ANALYSIS
This proposed action does not constitute a project under the California Environmental
Quality Act (“CEQA”), as it can be seen with certainty that it will have no impact on the
environment.
Professional Services Agreement with Willdan Engineering
for CDBG Housing Rehab and Administrative Services
November 19, 2024
Page 4 of 4
FISCAL IMPACT
The proposed Agreement includes a not-to-exceed amount of $49,150 for Fiscal Year
2024-25. A 10% contingency was added to the contract should the consultant be able to
complete additional tasks during the contract term. It also includes up to three, one-year
renewals for each additional year the contract is renewed; however, it is expected that
the contract amount will change next year due to the delayed start for Fiscal Year 2024-
25. A full year of service is expected to utilize the entire 20% administrative cap.
The City’s annual CDBG program allocation will continue funding 100% of the cost of this
contract as well as approximately $8,000 annually, towards the salary and benefits of one
City staff member to assist with program administration and oversight.
RECOMMENDATION
It is recommended that the City Council determine that this action does not constitute a
project under the California Environmental Quality Act (“CEQA”); and approve, authorize
and direct the City Manager to execute, a Professional Services Agreement with Willdan
Engineering for Community Development Block Grant (“CDBG”) Housing Rehabilitation
Program Management and Administrative Services in the amount of $49,150, plus a 10%
contingency, including three optional one-year extensions. It is further recommended that
the City Council authorize the City Manager, at their sole discretion without requiring any
further approvals from the City Council, to approve any desired contract extensions,
provided that the pricing structure and other financial details remain within inflationary
norms.
Attachment: Proposed Professional Services Agreement
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CITY OF ARCADIA
PROFESSIONAL SERVICES AGREEMENT REGARDING
HOUSING REHABILITATION PROGRAM MANAGEMENT AND ADMINISTRATIVE
SERVICES
This Agreement is made and entered into as of ________________, 20____ by and
between the City of Arcadia, a municipal corporation organized and operating under the laws of
the State of California with its principal place of business at 240 West Huntington Drive, Arcadia,
California 91066 (“City”), and Willdan Engineering, a California Corporation, with its principal
place of business at 2401 East Katella Avenue, Suite 300, Anaheim, California 82806 (hereinafter
referred to as “Consultant”). City and Consultant are sometimes individually referred to as “Party”
and collectively as “Parties” in this Agreement.
RECITALS
A. City is a public agency of the State of California and is in need of professional
services for the following project:
HOUSING REHABILITATION PROGRAM MANAGEMENT AND ADMINISTRATIVE
SERVICES (hereinafter referred to as “the Project”).
B. Consultant is duly licensed and has the necessary qualifications to provide such
services.
C. The Parties desire by this Agreement to establish the terms for City to retain
Consultant to provide the services described herein.
AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. Services.
Consultant shall provide the City with the services described in the Scope of Services
attached hereto as Exhibit “A.
2. Compensation.
a. Subject to paragraph 2(b) below, the City shall pay for such services in
accordance with the Schedule of Charges set forth in Exhibit “B.”
b. In no event shall the total amount paid for services rendered by Consultant
under this Agreement exceed the sum of $49,150 [Forty-Nine Thousand One Hundred Fifty].
This amount is to cover all printing and related costs, and the City will not pay any additional fees
for printing expenses. Periodic payments shall be made within 30 days of receipt of an invoice
which includes a detailed description of the work performed. Payments to Consultant for work
performed will be made on a monthly billing basis.
3. Additional Work.
If changes in the work seem merited by Consultant or the City, and informal consultations
with the other party indicate that a change is warranted, it shall be processed in the following
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manner: a letter outlining the changes shall be forwarded to the City by Consultant with a
statement of estimated changes in fee or time schedule. An amendment to this Agreement shall
be prepared by the City and executed by both Parties before performance of such services, or
the City will not be required to pay for the changes in the scope of work. Such amendment shall
not render ineffective or invalidate unaffected portions of this Agreement.
4. Maintenance of Records.
Books, documents, papers, accounting records, and other evidence pertaining to costs
incurred shall be maintained by Consultant and made available at all reasonable times during the
contract period and for four (4) years from the date of final payment under the contract for
inspection by City.
5. Term.
The term of this Agreement shall be from December 1, 2024, to June 30, 2025, unless
earlier terminated as provided herein. The Parties may, by mutual, written consent, extend the
term of this Agreement if necessary to complete the Project. Consultant shall perform its services
in a prompt and timely manner within the term of this Agreement and shall commence
performance upon receipt of written notice from the City to proceed (“Notice to Proceed”). The
Notice to Proceed shall set forth the date of commencement of work.
6. Delays in Performance.
a. Neither City nor Consultant shall be considered in default of this Agreement for
delays in performance caused by circumstances beyond the reasonable control of the non-
performing party. For purposes of this Agreement, such circumstances include but are not limited
to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war; riots and other civil
disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage or
judicial restraint.
b. Should such circumstances occur, the non-performing party shall, within a
reasonable time of being prevented from performing, give written notice to the other party
describing the circumstances preventing continued performance and the efforts being made to
resume performance of this Agreement.
7. Compliance with Law.
a. Consultant shall comply with all applicable laws, ordinances, codes and
regulations of the federal, state and local government, including Cal/OSHA requirements.
b. If required, Consultant shall assist the City, as requested, in obtaining and
maintaining all permits required of Consultant by federal, state and local regulatory agencies.
c. If applicable, Consultant is responsible for all costs of clean up and/ or removal of
hazardous and toxic substances spilled as a result of his or her services or operations performed
under this Agreement.
8. Standard of Care
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Consultant’s services will be performed in accordance with generally accepted
professional practices and principles and in a manner consistent with the level of care and skill
ordinarily exercised by members of the profession currently practicing under similar conditions.
9. Assignment and Subconsultant
Consultant shall not assign, sublet, or transfer this Agreement or any rights under or
interest in this Agreement without the written consent of the City, which may be withheld for any
reason. Any attempt to so assign or so transfer without such consent shall be void and without
legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a
provision making them subject to all provisions stipulated in this Agreement. Nothing contained
herein shall prevent Consultant from employing independent associates, and subconsultants as
Consultant may deem appropriate to assist in the performance of services hereunder.
10. Independent Contractor
Consultant is retained as an independent contractor and is not an employee of City. No
employee or agent of Consultant shall become an employee of City. The work to be performed
shall be in accordance with the work described in this Agreement, subject to such directions and
amendments from City as herein provided.
11. Insurance. Consultant shall not commence work for the City until it has provided
evidence satisfactory to the City it has secured all insurance required under this section. In
addition, Consultant shall not allow any subcontractor to commence work on any subcontract until
it has secured all insurance required under this section.
a. Commercial General Liability
(i) The Consultant shall take out and maintain, during the performance
of all work under this Agreement, in amounts not less than specified herein, Commercial General
Liability Insurance, in a form and with insurance companies acceptable to the City.
(ii) Coverage for Commercial General Liability insurance shall be at
least as broad as the following:
(1) Insurance Services Office Commercial General Liability
coverage (Occurrence Form CG 00 01) or exact equivalent.
(iii) Commercial General Liability Insurance must include coverage
for the following:
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX) exclusion
deleted
(7) Contractual Liability with respect to this Agreement
(8) Property Damage
(9) Independent Consultants Coverage
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(iv) The policy shall contain no endorsements or provisions limiting
coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured
against another; (3) products/completed operations liability; or (4) contain any other exclusion
contrary to the Agreement.
(v) The policy shall give City, its officials, officers, employees, agents
and City designated volunteers additional insured status using ISO endorsement forms CG 20 10
10 01 and 20 37 10 01, or endorsements providing the exact same coverage.
(vi) The general liability program may utilize either deductibles or
provide coverage excess of a self-insured retention, subject to written approval by the City, and
provided that such deductibles shall not apply to the City as an additional insured.
b. Automobile Liability
(i) At all times during the performance of the work under this
Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and
property damage including coverage for owned, non-owned and hired vehicles, in a form and with
insurance companies acceptable to the City.
(ii) Coverage for automobile liability insurance shall be at least as
broad as Insurance Services Office Form Number CA 00 01 covering automobile liability
(Coverage Symbol 1, any auto).
(iii) The policy shall give City, its officials, officers, employees, agents
and City designated volunteers additional insured status.
(iv) Subject to written approval by the City, the automobile liability
program may utilize deductibles, provided that such deductibles shall not apply to the City as an
additional insured, but not a self-insured retention.
c. Workers’ Compensation/Employer’s Liability
(i) Consultant certifies that he/she is aware of the provisions of Section
3700 of the California Labor Code which requires every employer to be insured against liability
for workers’ compensation or to undertake self-insurance in accordance with the provisions of
that code, and he/she will comply with such provisions before commencing work under this
Agreement.
(ii) To the extent Consultant has employees at any time during the term
of this Agreement, at all times during the performance of the work under this Agreement, the
Consultant shall maintain full compensation insurance for all persons employed directly by
him/her to carry out the work contemplated under this Agreement, all in accordance with the
“Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of
California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts
indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period
required by this Agreement, workers’ compensation coverage of the same type and limits as
specified in this section.
d. Professional Liability (Errors and Omissions)
At all times during the performance of the work under this Agreement the Consultant shall
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maintain professional liability or Errors and Omissions insurance appropriate to its profession, in
a form and with insurance companies acceptable to the City and in an amount indicated herein.
This insurance shall be endorsed to include contractual liability applicable to this Agreement and
shall be written on a policy form coverage specifically designed to protect against acts, errors or
omissions of the Consultant. “Covered Professional Services” as designated in the policy must
specifically include work performed under this Agreement. The policy must “pay on behalf of” the
insured and must include a provision establishing the insurer's duty to defend.
e. Minimum Policy Limits Required
(i) The following insurance limits are required for the Agreement:
Combined Single Limit
Commercial General Liability $1,000,000 per occurrence/ $2,000,000 aggregate
for bodily injury, personal injury, and property
damage
Automobile Liability $1,000,000 per occurrence for bodily injury and
property damage
Employer’s Liability $1,000,000 per occurrence
Professional Liability $1,000,000 per claim and aggregate (errors and
omissions)
(ii) Defense costs shall be payable in addition to the limits.
(iii) Requirements of specific coverage or limits contained in this
section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of
any coverage normally provided by any insurance. Any available coverage shall be provided to
the parties required to be named as Additional Insured pursuant to this Agreement.
f. Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City evidence
of insurance from an insurer or insurers certifying to the coverage of all insurance required
herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent)
signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-S or
equivalent), together with required endorsements. All evidence of insurance shall be signed by
a properly authorized officer, agent, or qualified representative of the insurer and shall certify the
names of the insured, any additional insureds, where appropriate, the type and amount of the
insurance, the location and operations to which the insurance applies, and the expiration date of
such insurance.
g. Policy Provisions Required
(i) Consultant shall provide the City at least thirty (30) days prior
written notice of cancellation of any policy required by this Agreement, except that the Consultant
shall provide at least ten (10) days prior written notice of cancellation of any such policy due to
non-payment of premium. If any of the required coverage is cancelled or expires during the term
of this Agreement, the Consultant shall deliver renewal certificate(s) including the General
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Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective
date of cancellation or expiration.
(ii) The Commercial General Liability Policy and Automobile Policy
shall each contain a provision stating that Consultant’s policy is primary insurance and that any
insurance, self-insurance or other coverage maintained by the City or any named insureds shall
not be called upon to contribute to any loss.
(iii) The retroactive date (if any) of each policy is to be no later than the
effective date of this Agreement. Consultant shall maintain such coverage continuously for a
period of at least three years after the completion of the work under this Agreement. Consultant
shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced
past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the
policy is replaced by another claims-made policy with a retroactive date subsequent to the
effective date of this Agreement.
(iv) All required insurance coverages, except for the professional
liability coverage, shall contain or be endorsed to waiver of subrogation in favor of the City, its
officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or
others providing insurance evidence in compliance with these specifications to waive their right
of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and
shall require similar written express waivers and insurance clauses from each of its
subconsultants.
(v) The limits set forth herein shall apply separately to each insured
against whom claims are made or suits are brought, except with respect to the limits of liability.
Further the limits set forth herein shall not be construed to relieve the Consultant from liability in
excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City
and shall not preclude the City from taking such other actions available to the City under other
provisions of the Agreement or law.
h. Qualifying Insurers
(i) All policies required shall be issued by acceptable insurance
companies, as determined by the City, which satisfy the following minimum requirements:
(1) Each such policy shall be from a company or companies
with a current A.M. Best's rating of no less than A:VII and admitted to transact in the
business of insurance in the State of California, or otherwise allowed to place insurance
through surplus line brokers under applicable provisions of the California Insurance Code
or any federal law.
i. Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of insurance
coverage to be maintained by Consultant, and any approval of said insurance by the City, is not
intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise
assumed by the Consultant pursuant to this Agreement, including but not limited to, the
provisions concerning indemnification.
(ii) If at any time during the life of the Agreement, any policy of
insurance required under this Agreement does not comply with these specifications or is
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canceled and not replaced, City has the right but not the duty to obtain the insurance it deems
necessary and any premium paid by City will be promptly reimbursed by Consultant or City will
withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City
may cancel this Agreement.
(iii) The City may require the Consultant to provide complete copies of
all insurance policies in effect for the duration of the Project.
(iv) Neither the City nor any of its officials, officers, employees, agents
or volunteers shall be personally responsible for any liability arising under or by virtue of this
Agreement.
j. Subconsultant Insurance Requirements. Consultant shall not allow any
subcontractors or subconsultants to commence work on any subcontract until they have provided
evidence satisfactory to the City that they have secured all insurance required under this section.
Policies of commercial general liability insurance provided by such subcontractors or
subconsultants shall be endorsed to name the City as an additional insured using ISO form CG
20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant,
City may approve different scopes or minimum limits of insurance for particular subcontractors
or subconsultants.
12. Indemnification.
a. To the fullest extent permitted by law, Consultant shall defend (with counsel
of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and
agents free and harmless from any and all claims, demands, causes of action, costs, expenses,
liability, loss, damage or injury of any kind, in law or equity, to property or persons, including
wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or
omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors,
consultants or agents in connection with the performance of the Consultant’s services, the Project
or this Agreement, including without limitation the payment of all damages, expert witness fees
and attorney’s fees and other related costs and expenses. Consultant's obligation to indemnify
shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials,
officers, employees, agents, or volunteers.
b. To the extent required by Civil Code section 2782.8, which is fully
incorporated herein, Consultant’s obligations under the above indemnity shall be limited to claims
that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the
Consultant, but shall not otherwise be reduced. If Consultant’s obligations to defend, indemnify,
and/or hold harmless arise out of Consultant’s performance of “design professional services” (as
that term is defined under Civil Code section 2782.8), then upon Consultant obtaining a final
adjudication that liability under a claim is caused by the comparative active negligence or willful
misconduct of the City, Consultant’s obligations shall be reduced in proportion to the established
comparative liability of the City and shall not exceed the Consultant’s proportionate percentage
of fault.
13. California Labor Code Requirements.
a. Consultant is aware of the requirements of California Labor Code Sections
1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the
performance of other requirements on certain “public works” and “maintenance” projects
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(“Prevailing Wage Laws”). If the services are being performed as part of an applicable “public
works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total
compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration,
demolition, installation, or repair, Consultant agrees to fully comply with such Prevailing Wage
Laws. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and
agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any
failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon
the Consultant and all subconsultants to comply with all California Labor Code provisions, which
include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775),
employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code
Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment
of contractors and subcontractors (Labor Code Section 1777.1).
b. If the services are being performed as part of an applicable “public works”
or “maintenance” project and if the total compensation is $15,000 or more for maintenance or
$25,000 or more for construction, alteration, demolition, installation, or repair, then pursuant to
Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such
services must be registered with the Department of Industrial Relations. Consultant shall maintain
registration for the duration of the Project and require the same of any subconsultants, as
applicable. This Project may also be subject to compliance monitoring and enforcement by the
Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all
applicable registration and labor compliance requirements.
c. This Agreement may also be subject to compliance monitoring and
enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility
to comply with all applicable registration and labor compliance requirements. Any stop orders
issued by the Department of Industrial Relations against Consultant or any subcontractor that
affect Consultant’s performance of services, including any delay, shall be Consultant’s sole
responsibility. Any delay arising out of or resulting from such stop orders shall be considered
Consultant caused delay and shall not be compensable by the City. Consultant shall defend,
indemnify and hold the City, its officials, officers, employees and agents free and harmless from
any claim or liability arising out of stop orders issued by the Department of Industrial Relations
against Consultant or any subcontractor.
14. Verification of Employment Eligibility.
By executing this Agreement, Consultant verifies that it fully complies with all requirements
and restrictions of state and federal law respecting the employment of undocumented aliens,
including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended
from time to time, and shall require all subconsultants and sub-subconsultants to comply with the
same.
15. Laws and Venue.
This Agreement shall be interpreted in accordance with the laws of the State of California.
If any action is brought to interpret or enforce any term of this Agreement, the action shall be
brought in a state or federal court situated in the County of Los Angeles, State of California.
16. Termination or Abandonment
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a. City has the right to terminate or abandon any portion or all of the work
under this Agreement by giving ten (10) calendar days written notice to Consultant. In such event,
City shall be immediately given title and possession to all original field notes, drawings and
specifications, written reports and other documents produced or developed for that portion of the
work completed and/or being abandoned. City shall pay Consultant the reasonable value of
services rendered for any portion of the work completed prior to termination. If said termination
occurs prior to completion of any task for the Project for which a payment request has not been
received, the charge for services performed during such task shall be the reasonable value of
such services, based on an amount mutually agreed to by City and Consultant of the portion of
such task completed but not paid prior to said termination. City shall not be liable for any costs
other than the charges or portions thereof which are specified herein. Consultant shall not be
entitled to payment for unperformed services, and shall not be entitled to damages or
compensation for termination of work.
b. Consultant may terminate its obligation to provide further services under
this Agreement upon thirty (30) calendar days’ written notice to City only in the event of substantial
failure by City to perform in accordance with the terms of this Agreement through no fault of
Consultant.
17. Documents. Except as otherwise provided in “Termination or Abandonment,”
above, all original field notes, written reports, Drawings and Specifications and other documents,
produced or developed for the Project shall, upon payment in full for the services described in this
Agreement, be furnished to and become the property of the City.
18. Organization
Consultant shall assign Jennifer Maria as Project Manager. The Project Manager shall
not be removed from the Project or reassigned without the prior written consent of the City.
20. Limitation of Agreement.
This Agreement is limited to and includes only the work included in the Project described
above.
21. Notice
Any notice or instrument required to be given or delivered by this Agreement may be given
or delivered by depositing the same in any United States Post Office, certified mail, return receipt
requested, postage prepaid, addressed to:
CITY:
City of Arcadia
240 West Huntington Drive
Arcadia, CA 91066
Attn: Jason Kruckeberg, Assistant City
Manager/ Development Services Director
CONSULTANT:
Willdan Engineering
2401 East Katella Avenue, Suite 300
Anaheim, CA 92806
Attn: Salvador Lopez, Jr., Director of Planning
and shall be effective upon receipt thereof.
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22. Third Party Rights
Nothing in this Agreement shall be construed to give any rights or benefits to anyone other
than the City and the Consultant.
23. Equal Opportunity Employment.
Consultant represents that it is an equal opportunity employer and that it shall not
discriminate against any employee or applicant for employment because of race, religion, color,
national origin, ancestry, sex, age or other interests protected by the State or Federal
Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to
initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or
termination.
24. Entire Agreement
This Agreement, with its exhibits, represents the entire understanding of City and
Consultant as to those matters contained herein, and supersedes and cancels any prior or
contemporaneous oral or written understanding, promises or representations with respect to
those matters covered hereunder. Each party acknowledges that no representations,
inducements, promises or agreements have been made by any person which are not incorporated
herein, and that any other agreements shall be void. This Agreement may not be modified or
altered except in writing signed by both Parties hereto. This is an integrated Agreement.
25. Severability
The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not
render the provisions unenforceable, invalid or illegal.
26. Successors and Assigns
This Agreement shall be binding upon and shall inure to the benefit of the successors in
interest, executors, administrators and assigns of each party to this Agreement. However,
Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights,
burdens, duties or obligations without the prior written consent of City. Any attempted assignment
without such consent shall be invalid and void.
27. Non-Waiver
None of the provisions of this Agreement shall be considered waived by either party,
unless such waiver is specifically specified in writing.
28. Time of Essence
Time is of the essence for each and every provision of this Agreement.
29. City’s Right to Employ Other Consultants
City reserves its right to employ other consultants, including engineers, in connection with
this Project or other projects.
30. Prohibited Interests
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Consultant maintains and warrants that it has not employed nor retained any company or
person, other than a bona fide employee working solely for Consultant, to solicit or secure this
Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any
company or person, other than a bona fide employee working solely for Consultant, any fee,
commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting
from the award or making of this Agreement. For breach or violation of this warranty, City shall
have the right to rescind this Agreement without liability. For the term of this Agreement, no
director, official, officer or employee of City, during the term of his or her service with City, shall
have any direct interest in this Agreement, or obtain any present or anticipated material benefit
arising therefrom.
31. Federal Requirements
When funding for the services is provided, in whole or in part, by an agency of the federal
government, Consultant shall also fully and adequately comply with the provisions included in
Exhibit “D” (Federal Requirements) attached hereto and incorporated herein by reference
(“Federal Requirements”). With respect to any conflict between such Federal Requirements and
the terms of this Agreement and/or the provisions of state law, the more stringent requirement
shall control.
32. County Lobby Certification
It is understood that each person/entity/firm who applies for a Community Development
contract, and as part of that process shall certify that they are familiar with the requirements of
the Los Angeles County Code Chapter 2.160, (Los Angeles County Ordinance 93-0031) and; that
all persons/entity/firms acting on behalf of the above named firm have and will comply with the
County Code, and; that any person/entity/firm who seeks a contract with the Los Angeles County
Development Authority shall be disqualified there from and denied the contract or any other
person or entity acting
[SIGNATURES ON FOLLOWING PAGE]
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SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF ARCADIA
AND WILLDAN ENGINEERING
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first
written above.
CITY OF ARCADIA WILLDAN ENGINEERING
By: By:
Dominic Lazzaretto Signature
City Manager
Date: Its:
ATTEST: Printed Name
By: Date:
City Clerk
APPROVED AS TO FORM By:
Signature
By: Its:
Michael J. Maurer
City Attorney
Printed Name
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EXHIBIT “A”
Scope of Services
Methodology
Willdan is proposing to provide to the City of Arcadia the appropriate range of services needed to
assist the city with the implementation of its Housing Rehabilitation Program, as well as general
administration of its CDBG Grants Program in order to ensure grant compliance and allow City
staff to direct their attention and efforts to the many other tasks required of them. Willdan will
provide these services to minimize demands upon the time and effort of City staff. Willdan’s
technical approach to assisting with the administration of the City’s CDBG funded
projects/programs involves assigning a well-qualified team, under the director of a senior member
of our staff, to provide the services being requested by the City. Our designated CDBG Program
Manager/Administrator, Jennifer Maria, will take the lead in providing CDBG administration
services and report directly to the department manager in delivering the desired services. She will
also be responsible for delegating specific tasks to the other team members, as necessary, and
monitoring their performance.
Progress Reports
Willdan shall provide progress reports on a monthly basis, unless a shorter interval for reporting
is requested by the City. These progress reports shall include progress on each deliverable, as
well as an estimated completion date. Should any impediments be encountered throughout the
implementation process, that data shall be included as well. Our team is more than happy to
monitor/tailor progress reports to meet the City’s needs.
Communication Plan
Prior to commencing administrative CDBG program functions, the Project Manager will meet with
City staff to ensure that all information pertaining to the City’s goals and objectives are heard and
understood. Thereafter, a clear action plan/timeline will be coordinated with staff to properly reflect
completion dates and milestones for all deliverables. Simultaneously, our Project Manager will
develop a strategy to effectively maintain an open channel of communication to furnish up-to-date
information pertinent to the overall administration and oversight of the CDBG projects/programs.
Our team will also coordinate with City staff to determine the best method for data sharing in order
to perform various CDBG – related tasks.
Understanding of City Operations
It is our goal to become an extension of the City of Arcadia’s team and to take on any tasks or
projects that may be required in accordance with CDBG operations. To effectively do so, our team
will take the necessary steps to become fully familiarized with City operations as they pertain to
overall CDBG administration. Although federal implementation guidelines for the CDBG are
generally consistent, our team understands that compliant implementation of those activities must
be tailored to meet the specific needs of the City, as well as its internal operations.
Coordination with LADCA
Our team will promptly communicate with the City of Arcadia’s assigned representative (Contract
Manager) of LACDA’s Grants Management Unit (GMU) to acquire up-to-date data and information
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related to any pending or outstanding items. Our goal is to ensure that the City is responsive in
maintaining a positive rapport with the LACDA office. Thereafter, a consistent line of
communication will be maintained with the LACDA office to demonstrate the City’s commitment
to successfully implementing all CDBG related activities. Any communication of consequence that
arises will be conveyed to corresponding City staff in a timely manner.
Public Outreach
Clear communication with the City’s intended target groups for program participation is essential
to the effective administration of any CDBG funded program/project. Our team is committed to
developing a comprehensive understanding of the Community’s housing and commercial
business needs by becoming knowledgeable of the City’s demographic information,
understanding the goals and ambitions of the residents, and identifying key stakeholders.
CDBG Administration
Willdan staff will provide guidance for the administration and implementation of the City’s CDBG
funded activities, including determining project eligibility, maintaining accurate/complete project
files and required program documentation, as well as monitoring of programs to assure
compliance with all federal, state, and local regulations and procedures. Willdan will work with the
City to prepare final drawdown for prior fiscal year projects, collect and report quarterly and year-
end accomplishments, and prepare and submit cyclical reports, which may include Quarterly
Cash Transaction Reports, Semi-Annual Labor Standards Compliance Reports,
Contract/Subcontract Activity Reports, MBE Activity Report, etc. We will prepare staff reports and
presentation materials, as requested by the city, for any grant related public hearings, and attend
public hearings with City staff. Our team will complete drawdown requests on a regular basis in
accordance with City operational processes for the reimbursement of current-year expended
funds reported in the LACDA’s grant systems, maintain an ongoing record of draws for each
activity, receipt of program income, and regularly input project/program accomplishments into the
reporting system for each grant funding source. We will prepare National Environmental Policy
Act (NEPA) Environmental Review documents via the Environmental Service Review (ESR) for
new fiscal year CDBG projects, as applicable. We will also address any other administrative item
that requires attention with a solid sense of priority and care (e.g., requests for proposals,
contracts, etc.).
Customer Service
The Willdan team is not only committed to maintaining the highest quality of service for the City
of Arcadia’s external customers, but just as importantly, for its internal customers. Our mission is
to actively put forth efforts to develop and nurture positive working relationships with City staff in
order to foster the spirit of teamwork. Effective collaboration with City staff is essential to our
success in providing the best grant services for the community.
Tasks to Perform Services
Home Improvement Program (Housing Rehabilitation)
• Provide general information to public
regarding program and maintain
application forms, information
brochures, and program guidelines.
• Approve selected contractor; prepare
and execute documents for home
improvement financial assistance
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• Conduct preliminary interviews to
determine owner’s eligibility status
and desired improvements for
dwelling unit
• Obtain contractor clearances from
State Contractor’s License Board and
verify non-inclusion on Federal
Debarred List
• Process applications for Housing
Rehabilitation Program assistance to
eligible homeowners utilizing CDBG
funds
• Conduct pre-construction meeting
with homeowner and contractor to
review proposed work
• Obtain required qualification
documentation, including income
verification and homeownership
documentation (i.e. deed of trust, pay
stubs, bank statements, social
security benefits statements, etc.)
• Conduct progress inspections to
ensure work is proceeding in timely
manner and to authorize and process
progress payments
• Conduct property inspections, prepare
work write-ups and preliminary cost
estimates
• Execute and record Notice of
Completion upon final inspection
certifying improvements have been
completed in accordance with
contract requirements
• Complete applicable program
documents relating to improvement
activities, including asbestos and
lead-based paint requirements,
historical preservation review (SHPO),
etc.
• Acquire lien releases from contractor
and subcontractor(s), obtain
homeowner’s authorization for final
payment, and execute closeout of
housing rehabilitation work by
ensuring permanent file contains
required documentation for monitoring
audit purposes
• Prepare specifications and bid
documents and review received bids
with homeowner
• Maintain and update all applicable
program data in the County’s Rehab
Panel for each participant file
• Be available at City Hall as necessary
to meet with program applicants and
complete all related work items.
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CDBG Grant Administration
• Meet with City representatives to
provide status updates on the CDBG
funded projects and issues requiring
immediate attention.
• Assist City staff with the development
of CDBG funded projects/programs
(i.e., activity summaries, budgets,
national objectives, applicable census
tracts, etc.). Coordinate public notices
for public hearing purposes. Prepare
staff reports and applicable materials
to be presented to the Council for
consideration/approval. Input planning
summaries and submit all required
supporting documentation for LACDA
review. Review Agreements to
Implement and process for approval.
Review Exhibit A’s and process for
approval.
• Review program guidelines for
effective implementation of all CDBG
funded activities and ensure all
LACDA and City requirements for
program participation are grant
compliant. Develop program
guidelines, as needed.
• Review pending Cooperation
Agreements and Reimbursable
Contracts. Coordinate approval
process.
• Develop timelines for each approved
CDBG project, establishing key dates
for review to track each project’s
progression in alignment with
milestone targets for completion.
• Prepare/present Council
presentations for new/canceled
programs and/or to provide updates
on existing CDBG programs, as
needed.
• Assist City with implementation of
program marketing plans, as needed.
• Assist City by providing technical
assistance to City staff and program
participants seeking clarification on
issued program guidelines.
• Create and maintain complete, grant-
compliant files for all program
participants for monitoring and
retention purposes.
• Establish an effective and
communication channel with City’s
designated Contract Manager from
LACDA. Establish an equally effective
communication channel for all CDBG
program participants, as applicable.
• Perform ongoing program oversight,
to include on-going monitoring and
closeout review for all CDBG funded
activities. Assist the City with
preparation for annual programmatic
and financial in-progress monitoring
by LACDA GMU staff.
• Work with City staff to ensure annual
drawdown requirements are met in
accordance with LACDA’s annual
Participating Cities Performance
Policy.
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• Develop and maintain financial
spreadsheets for all CDBG program
files, to include eligible
reimbursements, amounts expended,
reimbursements received, and
balances available to be utilized for
each funding source for financial
reporting purposes.
• Conform with new/existing mandatory
regulatory provisions concerning use
of CDBG funds under the Urban
County Program and Standard
Agreement between LACDA, as
published via Grants Management
Unit (GMU) bulletins.
• Monitor and maintain all financial
records relevant to CDBG funded
projects and reconcile any records
discrepancies.
• Prepare and submit monthly Funding
Requests, for each funding source, on
the LACDA partner page.
• Prepare all grant related submissions
to the LACDA, including but not
limited to, Planning Summaries,
Quarterly Performance Reports
(QPR’s), ESR’s, Semi-Annual Labor
Standards Reports, Funding
Requests, Project/Budget
Amendments, etc.)
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EXHIBIT “B”
Schedule of Charges/Payments
Consultant will invoice City on a monthly cycle. Consultant will include with each invoice a detailed
progress report that indicates the amount of budget spent on each task
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EXHIBIT “C”
Activity Schedule
Willdan Engineering will provide Consulting Services for CDBG Housing Rehabilitation Program
Management and Administrative Services through June 30, 2025. Up to three, one-year renewals
are available following the initial term, at the City’s sole and absolute discretion.
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EXHIBIT “D”
Federal Requirements
During the performance of the contract, the Contractor must agree to comply with all applicable
Federal laws and regulations including but not limited to the following:
Conflict of Interest
[2 CFR Part 200.318(c)(1)(2)]
No employee, officer, or agent must participate in the selection, award, or administration of a
contract supported by a Federal award if he or she has a real or apparent conflict of interest.
Title VI of the Civil Rights Act of 1964 (as amended)
[24 CFR Part 1.4]
The CONTRACTOR agrees to comply with prohibition of discrimination on the basis of race, color,
or national origin in all HUD-assisted programs.
Title I of Housing & Community Development Act of 1974, Section 109 (as amended)
[24 CFR Part 6.4]
The CONTRACTOR agrees to comply with prohibition of discrimination on the basis of race, color,
national origin, disability, age, religion, and sex within Community Development Block Grant
(CDBG) programs or activities.
Age Discrimination Act of 1975 (as amended)
[42 U.S.C. §§ 6101 – 6107]
The CONTRACTOR agrees to comply with prohibition of discrimination on the basis of age in
programs and activities receiving federal financial assistance.
Rehabilitation Act of 1973, Section 504 (as amended)
[24 CFR Part 8.5]
The CONTRACTOR agrees to comply with prohibition of disability discrimination and impose
accessibility standards on housing and non-housing programs receiving Federal financial
assistance.
Section 3 of the HUD Act of 1968
[24 CFR Part 135.38]
The CONTRACTOR agrees that when new jobs or contracts are created as a result of the usage
of certain HUD funds (including Public and Indian Housing funds), priority consideration is given,
to the greatest extent feasible, to low- and very low-income persons residing in the community in
which the funds are spent and to businesses that provide economic opportunities for these
persons.
Copeland “Anti-Kickback” Act
[18 U.S.C. §874 and 40 U.S.C. §3145]
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The building CONTRACTOR or SUBCONTRACTOR is prohibited from inducing an employee into
giving up any part of the compensation that he or she is entitled to under the terms of his or her
employment contract.
Davis-Bacon and Related Acts
[29 CFR Parts 1,3,5]
All laborers and mechanics employed by CONTRACTOR and SUBCONTRACTOR in the
performance of construction work financed in whole or in part with assistance received under this
title shall be paid wages at rates not less than those prevailing on similar construction in the
locality as determined by the Secretary of Labor in accordance with the Davis-Bacon Act, as
amended (40 U.S.C. 276a-276a-5); Provided, That this section shall apply to the rehabilitation of
residential property only if such property contains not less than 8 units.
Sections 103, 107 of Contract Work Hours & Safety Standards Act
[40 U.S.C §§ 3700-3708]
The CONTRACTOR and SUBCONTRACTOR pay overtime compensation for workers who work
over 40 hours in a 7-day workweek. If the CONTRACTOR fails to pay overtime, the
CONTRACTOR will be assessed liquidated damages, at $25 per workday, per person, where the
worker was permitted to work overtime without being properly compensated for contracts greater
than $100,000 in value. Labor violations on contracts less than $100,000 may be addressed under
the Fair Labor Standards Act.
Federal Byrd Anti-Lobbying Amendment
[31 U.S.C. 1352]
The CONTRACTOR affirms that in the procurement and performance of this contract, it was and
is in compliance with the Byrd Anti-Lobbying Amendment.
Executive Order 11246 – Equal Opportunity
[Amended by EO 11375 of Oct. 13, 1967, 32 FR 14303, 3 CFR, 1966–1970 Comp., p. 684, EO
12086 of Oct. 5, 1978, 43 FR 46501, 3 CFR, 1978 Comp., p. 230, EO 13665 of April 8, 2014, 79
FR 20749, EO 13672 of July 21, 2014, 79 FR 42971]
1. The CONTRACTOR will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, sexual orientation, gender identity, or national
origin. The CONTRACTOR will take affirmative action to ensure that applicants are employed,
and that employees are treated during employment, without regard to their race, color, religion,
sex, sexual orientation, gender identity, 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 agrees to post in conspicuous places,
available to employees and applicants for employment, notices to be provided by the contracting
officer setting forth the provisions of this nondiscrimination clause.
2. The CONTRACTOR will, in all solicitations or advancements for employees placed by or
on behalf of the CONTRACTOR, state that all qualified applicants will receive consideration for
employment without regard to race, color, religion, sex, sexual orientation, gender identity, or
national origin.
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3. The CONTRACTOR will not discharge or in any other manner discriminate against any
employee or applicant for employment because such employee or applicant has inquired about,
discussed, or disclosed the compensation of the employee or applicant or another employee or
applicant. This provision shall not apply to instances in which an employee who has access to the
compensation information of other employees or applicants as a part of such employee’s essential
job functions discloses the compensation of such other employees or applicants to individuals
who do not otherwise have access to such information, unless such disclosure is in response to
a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action,
including an investigation conducted by the employer, or is consistent with the CONTRACTOR’s
legal duty to furnish information.
4. 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 agency contracting officer, advising the labor union or workers’ representative of
the CONTRACTOR’s commitments under Section 202 of Executive Order No. 11246 of
September 24, 1965, and shall post copies of the notice in conspicuous places available to
employees and applicants for employment.
5. The CONTRACTOR will comply with all provisions of Executive Order No. 11246 of Sept.
24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
6. The CONTRACTOR will furnish all information and reports required by Executive Order
No. 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of
Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the
contracting agency and the Secretary of Labor for purposes of investigation to ascertain
compliance with such rules, regulations, and orders.
7. In the event of the CONTRACTOR’s noncompliance with the nondiscrimination clauses of
this contract or with any of such rules, regulations, or orders, this contract may be cancelled,
terminated, or suspended in whole or in part and the CONTRACTOR may be declared ineligible
for further Government contracts in accordance with procedures authorized in Executive Order
No. 11246 of Sept. 24, 1965, and such other sanctions may be imposed and remedies invoked
as provided in Executive Order No. 11246 of September 24, 1965, or by rule, regulation, or order
of the Secretary of Labor, or as otherwise provided by law.
8. The CONTRACTOR will include the provisions of paragraphs (1) through (8) in every
subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary
of Labor issued pursuant to Section 204 of Executive Order No. 11246 of September 24, 1965,
so that such provisions will be binding upon each subcontractor or vendor. The CONTRACTOR
will take such action with respect to any subcontract or purchase order as may be directed by the
Secretary of Labor as a means of enforcing such provisions including sanctions for
noncompliance: Provided, however, that in the event the CONTRACTOR becomes involved in,
or is threatened with, litigation with a subcontractor or vendor as a result of such direction, the
CONTRACTOR may request the United States to enter into such litigation to protect the interests
of the United States.
Executive Order 11738 – Environmental Debarments
[38 FR 25161, 3 CFR, 1971-1975 Comp., p. 799]
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The CONTRACTOR affirms that it does not have a conviction and/or Federal debarment for an
offense under section 113(c)(1) of the Air Act or section 309(c) of the Water Act and agrees to
comply with Federal Air Act and Water Act regulations and requirements.
Clean Air, Water Pollution Control Acts
[38 FR 25161, 3 CFR, 1971-1975 Comp., p. 799]
The CONTRACTOR and SUBCONTRACTOR agree to comply with the Clean Air and Water
Pollution Control Acts requirements as applicable in the performance of this contract.
Patent Rights & Copyrights
[24 CFR Part 85.36(i)]
The CONTRACTOR agrees that results in any discovery, invention or copyrightable material
which may develop in the course of or under contract, the CITY/AGENCY reserves the right to
royalty-free, non-exclusive and irrevocable license to use and to authorize others to use, the work
for government purpose.
Energy Policy Act
[42 USC §13201 et seq.]
The CONTRACTOR agrees to comply with the Energy Policy Act and its requirements in the
performance of this contract.
Awards to Parties on Federal Excluded Parties List (EPLS)
[2 CFR Part 200 – Appendix II(A)]
The CONTRACTOR affirms that it is not on the Federal Excluded Parties List and agrees to
comply with 2 CFR Part 200 – Appendix II(A), which prohibits Federal funds as contract awards
to any entity on the Federal Excluded Parties List maintained on https://sam.gov/content/entity-
information.