CITY OF MENIFEE REQUEST FOR PROPOSAL (RFP)

Transcription

1 CITY OF MENIFEE REQUEST FOR PROPOSAL (RFP) Certified Lead-Based Paint Hazard Evaluation, Lead Hazard Abatement Monitoring, Post-Abatement Clearance Testing and Asbestos Testing Services for Housing and Non- Residential/Public Facilities Rehabilitation Projects City of Menifee Proposals must be received by: Robert Lennox, Community Services Director City of Menifee Haun Road Menifee, CA No later than 5 p.m. on Monday, April 7, 2014

2 INTRODUCTION The City of Menifee is seeking proposals from qualified individuals and/or firms for certified asbestos and lead testing services in conjunction with the City s Housing and Non- Residential/Public Facilities Rehabilitation Programs. As a recipient of Federal funds, the City is required to comply with HUD s Lead Safe Housing Rule (24 CFR Part 35, effective September 15, 2000) and regulations regarding the appropriate removal of materials containing asbestos. The rules require appropriate lead and asbestos safety controls and the use of workers, contractors, and inspectors who are trained, certified, and/or licensed (as appropriate). The selected firm will present evidence of achieving the scope of services, program satisfaction meeting schedules, ability to understand and accomplish the specialized requirements of the project and regulations. This document outlines the requirements, selection process and the information necessary to submit a proposal for this service. The successful proposer will be required to comply with Equal Employment Opportunity and all applicable federal, state, local laws, and requirements. PURPOSE The purpose of this proposal is to obtain the services of one contractor certified to perform any necessary lead-based paint and asbestos hazard evaluation, abatement monitoring, and postabatement clearance testing services. The Contractor shall be governed by the following, but not limited to, federal and state statutes and regulations: Title 24 of the Code of Federal Regulations under Part 35 (24 CFR 35); Title X 42 U.S.C (d) Joint HUD/EPA Regulations governing Lead- based Paint Hazard Reduction; 40 CFR 745 Environmental Protection Agency (EPA) Lead-based Paint Abatement Notification Requirements; 40 CFR 763 Environmental Protection Agency (EPA) Asbestos Title 8 of the California Code of Regulations - Asbestos SCAMD Rule 1403 Title IV Toxic Substance Control Act (TSCA, 15 U.S.C , as amended); Title 17, California Code of Regulations Appendix K-Lead-based Paint Hazards Safe Work Practices Accreditation and Certification; and 29 CFR OSHA Hazard Communication Requirements.. SCOPE OF SERVICES The Certified-eligible, Lead-Based Paint and Asbestos Detection Contractor will be responsible for conducting lead-based paint and asbestos inspection and detection, in conjunction with the City s Minor Home Rehabilitation Grant Program and other non-residential Rehabilitation CDBG projects. Services will be provided on an as needed basis, and as required by the City.

3 The following activities are included in the scope of services: Lead-Based Paint: 1. Perform lead-based paint evaluations (visual assessment, paint testing, risk assessment, lead hazard screening) for pre-1978 residences. 2. Depending upon the extent of the rehabilitation work being performed, the inspector will be instructed to either inspect solely the areas to be disturbed or the entire property for complete property abatement. 3. Complete a risk assessment report (i.e. Lead-Based Paint Inspection Report) documenting required owner and property information, inspection and testing methodology, summary of inspection results, including XRF testing raw data and laboratory analysis results/reports, summary of recommended lead-based paint hazard reduction and control options/specifications. For rehabilitation work in excess of $5,000.00, the consultant shall conduct and prepare a risk assessment of the entire building within two weeks of request by City. A Certified risk assessor must conduct the risk assessment. 4. Prepare lead-based paint hazard reduction work/control specifications, for each pre built unit participating in the program, testing positive for the presence of unacceptable levels of lead-based paint hazards. 5. Prepare and submit reporting documentation required of HUD, EPA (if applicable), and the California Department of Health Services (DHS) on all approved projects with leadbased paint hazard levels exceeding minimum, federally acceptable lead levels. 6. Submit a copy of the lead-based paint hazard work reduction specification to the City and appropriate federal/state agencies for coordination with certified contractors for completion of required lead-based paint hazard reduction/control activities. 7. Provide on-site, project monitoring services for all lead-based paint reduction and control activities conducted within and around the homes participating in the Program. This includes verification of current/valid certifications from contractors conducting lead-based paint hazard reduction activities and file appropriate notifications of disposal of hazardous waste materials. 8. Notify the City of any potential regulatory, occupancy or specification violations that become evident through such monitoring activities. 9. Maintain a dedicated site-specific field log for all project activities. Entries will be made for every day that monitoring activities take place and should contain sufficient notes to enable the City to understand conversations, instructions, and other activities that took place at the work site. 10. Submit a Close-out Report to the City, certifying that the completed project has complied with all applicable federal, state and local laws. The Close-out Report shall, at

4 a minimum include the following: 11. Summary of construction activities completed. 12. Project-related paperwork (logs, air/wipe samples, laboratory reports, hazardous waste manifest, and correspondence) 13. Conclusion and recommendations 14. Certification that the project complied with the federal, state, and local lead-based paint requirements. Asbestos: 1. Survey including: an on-site inspection, evaluation, sample collection and quantification of suspect asbestos-containing material (ACM). Sample all building components (surfacing materials, roofing materials, insulation, etc.), by a California State Certified Asbestos Consultant/Technician, to determine the presence of Asbestos prior to any rehabilitation or construction activities affecting said components, within one week of request by City, and meting all survey requirements of SCAMD Rule Analysis of all bulk samples by a State accredited laboratory. Asbestos bulk samples will be analyzed by Polarized Light Microscopy (PLM), EPA method 600/R-93/ Provide the City with a report indicating the findings of each site, which will include a general property description, sample results, location and quantity of all ACM, lab results, photos, drawings, and inspectors/laboratory certifications, within two weeks of request by City. 4. The consultant shall include a cost-to-cure estimate of abatement of ACM. 5. Provide the service of a third party monitor during the abatement of the ACM. 6. Monitor the airborne concentration of asbestos before work is started to obtain a baseline fiber concentration in the affected areas, then monitor once every four hours, continuously during the course of the work inside the asbestos work area, outside the entrance to the asbestos work area and at the exhaust opening of the local exhaust system. If monitoring shows airborne concentrations greater then the asbestos control limits, all work must stop, and the City shall be notified immediately. In addition, monitor the airborne concentrations of asbestos after final clean up and removal of the enclosure of the asbestos control area in accordance with all Federal, State and local regulations. Monitoring time frame to be in accordance with Federal, State, and any other applicable regulations and requirements. 7. Conduct final clearance inspection and testing to make sure the affected building is safe for their occupants within one week of request by City. Final clearance shall assure that the following has been completed: All asbestos abatement work covered in the report provided by your firm has been completed.

5 8. Submit a Close-out Report to the City, certifying that the completed project has complied with all applicable federal, state and local laws. The Close-out Report shall, at a minimum include the following: 9. Summary of construction activities completed. 10. Project-related paperwork (logs, air/wipe samples, laboratory reports, hazardous waste manifest, and correspondence) 11. Conclusion and recommendations 12. Certification that the project complied with the federal, state, and local asbestos regulations and requirements. Contractor shall provide all labor, tools, materials and equipment necessary for providing inspections, laboratory testing, lead-based paint/asbestos hazard removal work specifications, construction project monitoring and lead-based paint hazard waste removal/disposal report services for the City s Programs. SITE LOCATION All minor home rehabilitation projects will be located within the City limits of Menifee. All nonresidential/public facilities rehabilitation projects will also be located within the City limits. WRITTEN INQUIRIES The City of Menifee will accept written inquiries concerning this RFP. All inquiries must be submitted by 5 p.m. on Friday, March 28, Written inquiries must be ed to Margarita Cornejo, Management Analyst, mcornejo@cityofmenifee.us. Any inquiries should clearly state the question and provide any additional information deemed relevant to the inquiry. Responses to questions will be posted on the City s website at CONTRACTOR MINIMUM QUALIFICATIONS Contractors shall be properly licensed in accordance with federal regulations and the laws of the State of California Division of Occupational Safety and Health (Cal/OSHA). In accordance with the Department of Health Services for Lead Inspector/Risk Assessor and Project Monitor, all project coordinators associated with contractors must be registered with the State of California and provide evidence of current certifications. Contractor shall maintain required licenses and certifications in good standing, for the duration of the contract. Proposals submitted in response to the RFP without evidence/proof of current required licenses and certifications shall be declared non- responsive and ineligible for further consideration. Proposal rates and costs shall include the cost of employer payments to or on behalf of employees, subsistence, travel, compensation insurance premiums, unemployment contributions, social security taxes, contract bond premiums, and any other taxes or assessments including sales and use taxes required by law or otherwise and no additional allowance will be made thereof, unless separate payment provision should specifically so provide.

6 PROPOSAL CONTENT & SUBMITTAL All valid proposals shall include the following information: 1. Statement of Qualifications: a. Description of your firm s knowledge and experience with residential lead-based paint and soil inspection, risk assessment, abatement monitoring, post-abatement clearance testing, and asbestos testing. b. Identify all personnel that will be assigned to work on the project. Provide their qualifications, training and certifications, and relevant experience. 2. Statement of Work: a. Processes to carry out scope of work b. Method of lead testing/asbestos testing to be used (XRF, paint chip, dust wipes) c. Sample of Written Report, field notes, and laboratory results d. Timeframe for delivery of each service/report requested 3. Cost/Fee Schedule Proposal must include fees for the completion of each of the major tasks identified below. Rates shall be all-inclusive with no extra charges for travel, meetings, document preparation, training, employee compensation, etc. Asbestos 1. Survey (On-site inspection, Sample collection, Analysis of Samples by a State accredited laboratory, Report indicating findings and cost-to-cure estimates). 2. Third-Party monitoring. 3. Clearance Testing. 4. Close Out Report. Lead 1. On-site Inspection & Visual Assessment. 2. Paint inspection/testing. 3. Risk assessment report indicating the findings of the inspection. 4. Recommendations for cost effective treatments. 5. Clearance testing. 6. Third-Party monitoring. 7. Close Out Report. Please note, costs/fee breakdown should be provided for: 1. Single Family Residential Units 2. Manufactured/Mobile Home Units 3. Non-Residential/Public Facilities 3. Licenses, Permits, and Certifications 4. Provide a list of at least three (3) public agencies, including the contact person s name and phone number, for which similar or relevant work has been completed within the last five years.

7 5. Completed Forms: a. Questionnaire b. Section 3 Business Certification c. Minority/Women Owned Business Certification d. Certification f. Non-collusion Affidavit Proposals shall be submitted in a sealed envelope and addressed to the City of Menifee, Haun Road, Menifee, CA by 5:00 p.m. on Monday April 7, Proposals shall be clearly marked on the outside, "City of Menifee CDBG: Proposal for Certified Lead-Based Paint Hazard Evaluation, Lead Hazard Abatement Monitoring, Post-abatement Clearance Testing Services, and Asbestos Testing Services", and include 1 unbound original, and two (2) copies. Proposals cannot be withdrawn or corrected after being opened. Proposals will not be disclosed to competing firms or to the public until a recommended firm has been selected. Unauthorized conditions, limitations, or provisions attached to a proposal will render it informal and may cause its rejection. The completed proposal shall be without interlineations, alterations or erasures. Alternative proposals will not be considered unless requested. No oral, telegraphic or telephonic proposals or modifications will be considered. The proposal may be withdrawn upon request by the proposer without prejudice prior to, but not after, the time fixed for opening of proposal, provided that the request is in writing, that it has been executed by the proposer or duly authorized representative, and that it is filed with the City. Proposal documents shall be deemed to include by reference each and every one of the following: Request for Proposal (RFP) Addenda to RFP Proposal Supplements to Proposal Proposals shall be submitted in accordance with the form prescribed by the City of Menifee. Failure to respond in this manner may render the proposal non-responsive. EVALUATION CRITERIA AND SELECTION PROCEDURES Proposals will be ranked based on the following criteria: 1. Qualifications and experience with lead-based paint and soil inspection, risk assessment, abatement monitoring, post-abatement clearance testing, and asbestos testing. 2. Submittal of current licenses and certifications 3. Cost estimate. 4. Information obtained from references and firm s reputation. 5. Familiarity with applicable local, state, and federal laws. 6. Contractor s understanding of the needs of the City as it relates to this RFP. A materially incomplete or non-responsible proposal will be rejected. A proposal evaluation committee comprised of City staff will review each proposal. The most qualified firm(s) may be invited to participate in an interview with City staff to review qualifications prior to selection. The award of the contract could be as much as four months

8 after the RFP submission deadline. Final selection will be contingent upon approval of a sufficient budget for this project and City Council approval. Therefore, the Consultant shall be bound by its proposal for a period of 180 days commencing April 4, The selected firm will be required to submit the following documents: City of Menifee Business License (Proof prior to award of first project) W-9 Request for Taxpayer Identification Number and Certification Verification of Section 3 status, if applicable Special Note: If the selected firm fails the reference check, the next firm will be reviewed. If the selected firm fails to perform in accordance with HUD s regulations, and per the firm s proposal, the firm will be removed at the discretion of the City of Menifee and the next firm in line will be contacted for services. GUIDELINES & GENERAL CONDITIONS Proposals may be withdrawn at any time prior to the Submittal Due Date. Revised proposals may be resubmitted up until the Submittal Due Date. No proposal may be submitted or withdrawn after the Submittal Due Date. Firms are advised to become familiar with all conditions, instructions, and specifications of this contract. Once the award has been made, a failure to have read the conditions, instructions, and specifications herein shall not be cause to alter the terms of the contract or for the selected firm to request additional compensation. The selected firm will be responsible for complying with all conditions of this RFP and any all subsequent formal agreements. All responses provided should be as detailed as possible to provide the proposal evaluators with enough information to make a fair assessment of the firm s services. The selected firm will be required to enter into the City s standard Professional Services Agreement. The City may award a contract to the most qualified firm in accordance with the provisions of the Menifee Municipal Code. The City reserves the right to accept any proposal or part thereof. The City may reject all proposals and reissue this request. The City is neither obligated to award a contract following proposal evaluation, nor to pay any costs incurred by participants in the selection process. The City may change or modify any of the criteria and information set forth herein without notice. Taxes No mention shall be made of Sales Tax or Use Tax, as all proposal prices submitted will be considered as including such tax, if applicable. References All reference information called for in the Request for Proposal must be submitted with the proposal.

9 Issuing Officer The Request for Proposal is issued by the City of Menifee Department of Finance. If you have any questions concerning this RFP, please your questions to Margarita Cornejo, Management Analyst, by 5:00 p.m. on March 28, Responses to questions will be posted on the City s website at Receipt of Proposal Proposals shall be time stamped when received and will be accepted up to and no later than the time indicated in the Request for Proposal. All proposals received after the time stated above will not be considered and will be returned to the proposer. The proposer assumes the risk of any delay in the mail or the handling of the mail by employees of the City. Whether sent by mail or by means of personal delivery, proposers assume responsibility for having proposal deposited on time at the place specified. Proposal Signature If the proposal is made by an individual, it shall be signed and full name of proposer with complete address shall be given; if made by a firm, it shall be signed with the copartnership name by a member of the firm who shall sign name and the name and address of each member shall be given; and if it is made by a corporation, the name of the corporation shall be provided and signed by its duly authorized officer or officers attested by the corporate seal, and the names and titles of all officers of the corporation shall be given. Economy of Preparation Proposals should be prepared simply and economically, providing any deviation from specifications. Issuance of the Request for Proposal does not commit the City to award any contract. The City shall not be liable for any costs incurred in response to this request for proposals, including any pre-contract interviews or meetings. All costs shall be borne by the person or organization responding to the request. The person or organization responding to the request shall hold the City and its employees harmless from any and all liability, claim or expense whatsoever incurred by or on behalf of that person or organization. Interpretation of Proposal Documents Should a proposer find discrepancies in, or omissions from the specifications, or should proposer be in doubt as to their meaning, proposer shall notify the City immediately. Should it be found necessary, a written addendum will be sent to all proposers. Addenda issued during the proposal period shall form a part of the contract and shall be included with the proposal. Addenda to the Request for Proposal The City reserves the right to make such changes in the Request for Proposal, as it may deem appropriate. Any and all changes in the Request for Proposal shall be made by a written addendum, which shall be issued by the City to all prospective proposers who have been issued or obtained a copy of the Request for Proposal. No oral changes will be permitted. Addenda issued during the proposal process shall become a part of the original proposal. Compliance with Laws The proposer shall comply with all applicable laws, ordinances, and codes of the State of California and U.S. Department of Housing and Urban Development (HUD) and the policies of

10 the City of Menifee, all regulations and rules relating to affirmative action, and shall commit no trespass on any public or private property in performing any of the work embraced by this contract. Responsibility for Compliance with Legal Requirements Successful proposers shall be in full compliance with all applicable Federal, State and local regulations, standards, and ordinances, regardless of whether or not they are referred to by the City. Supplements to Request for Proposal If the evaluation of any proposal indicates minor noncompliance or variance with the Request for Proposal, the City may, but need not, make written request to the proposer for a supplement to the submitted proposal. Such request will attempt to identify the noncompliance or variance, and will establish a date by which the supplement to the Request for Proposal shall be submitted. If so requested, the proposer may submit a supplement to the Request for Proposal responsive to such request, within the time period established, which the City will evaluate in conjunction with the Request for Proposal. Any supplement to the Request for Proposal will be deemed to be an integral part of the proposer s submittal. Evaluation Upon Receipt of Proposals The City will evaluate all proposals to determine whether proposals are acceptable based on the criteria established in the Request for Proposal. Validity Period The Request for Proposal shall be considered valid for a period of 180 days after the due date and shall contain a statement to that effect signed by an officer of the firm authorized to bind firm for this period. Public Record After the award of the contract has been made by the City Council or appropriate staff, all findings and information considered in determining which proposal best meets the needs of the City and will be most advantageous with respect to price, conformity to the specifications and other factors will be made available for public inspection. Time of Delivery Time of delivery is a part of the consideration and must be stated in definite terms. Proposals are subject to acceptance any time within 180 days after opening unless otherwise stipulated. Interest of Member of the City No member of the governing body of the City of Menifee, and no other officer or employee of the City who exercises any functions or responsibilities in connection with carrying out this project to which this proposal pertains, shall have any personal interest, direct or indirect, in this contract. Interest of Proposer The successful proposer covenants that it presently has no interest and shall not acquire any interest, direct or indirect, in the City or any other interest, which would conflict in any manner or degree with the performance of this contract, and no person having any such interest shall be

11 employed. Penalty for Collusion If at any time it shall be found that the person, firm or corporation to whom a contract has been awarded has, in presenting any proposal, colluded with any other party or parties, then the contract so aware shall be null and void. The contractor and the contractor s bonding company shall be liable to the City for all loss or damage that the City may suffer thereby. The City may advertise for a new contract for said services. Project Organization The successful proposer must provide a project manager to act as a liaison with the City, who will coordinate written reports and see the project through to satisfactory conclusion. The City or designee shall be responsible for the direction, review and approval of all work. Execution of Contract The proposer to whom award is made shall execute a written contract with the City on the form of the agreement provided, and shall secure all insurance and bonds required by the City within ten (10) days from the date of the award. Failure or refusal to enter into a contract as herein provided, or to conform to any of the stipulated requirements in connection therewith, shall be just cause for the annulment of the award. Award shall then be made to the next proposer as determined by the City and that firm shall fulfill every stipulation as if it were the party to whom the first award was made. Findings Confidential Until such time that the City Council awards the contract, all reports, information, data, etc., prepared or assembled by the proposer under this proposal are confidential and the proposer agrees that such proposal shall not be made available to any individual or organization without the prior written approval of the City. Changes The City may require changes in the scope of the services to be performed by the contractor hereunder. All such changes, which are mutually agreed upon by and among all the parties, shall be incorporated in written amendments to this contract. All such amendments shall state any increase or decrease in the amount of the compensation due the contractor for the change in scope. Additions/Deletions of Service The City reserves the right to add and/or delete services to this contract. Should a service requirement be deleted, payment to the contractor will be reduced proportionally to the amount of service reduce in accordance with the proposal price. Should additional services be required from this contract, prices for such additions will be negotiated between the contractor and the City. Incorporation of Proposal into the Contract The contents of this proposal and the selected firm s response are to be incorporated, in total, into the contract.

12 Amendments All amendments to this contract must be in writing and signed by both parties. Contract Compliance Monitoring The City or designee shall monitor the contractor s compliance with, and performance under, the terms and conditions of the contract. The contractor shall make available for the inspection and/or copying by the City all records and accounts relating to the work performed or the service provided under this contract. Contractor s Responsibility The contractor shall be responsible for any damages whatsoever to City Property as applicable when such property is the responsibility of or in the custody of the contractor, his/her employees or subcontractors. Disputes In the event a dispute arises concerning any matter under the contract, the party wishing resolution of the dispute shall submit a request in writing to the City Manager. The City Manager shall consider the request and respond within ten (10) days giving his or her findings and the reasons for the findings. Any party dissatisfied with the findings of the City Manager may appeal to the City Council in any objection. The City Council shall consider any matter appealed at a hearing within thirty (30) days. The decision of the City Council shall be final upon matters of fact unless clearly erroneous or procured by fraud. Rejection of Proposals The City reserves the right to reject any, or any part of a proposal, to waive any informality in the proposal and to select the services, which shall be deemed in the best interest of the City. It shall be emphasized that award of contract will not necessarily be based on price alone, but rather on a combination of qualifications, price, services, references, and responsiveness to the proposal specifications. Proposers Interested in More than One Proposal More than one proposal from an individual, firm, partnership, corporation or association under the same or different names will not be considered. Reasonable grounds for believing that any proposer is interested in more than one proposal for the work contemplated will cause the rejection of all proposals in which such proposer is interested. If there is reason for believing that collusion exists among more than one proposer, all proposals will be rejected, and none of the participants in such collusion will be considered in future proposals. A person, firm or corporation who has submitted a sub-proposal or who has quoted prices on materials to a proposer is not thereby disqualified from submitting a proposal or quoting prices to other proposers. Permits, Regulations, and Ordinances The successful proposer shall give all notices necessary in connection with the performance of the contract, shall secure and pay for all necessary licenses and permits to do the work and shall comply with all laws, ordinances, rules and regulations, bearing on the conduct of the work. Any work performed that does not conform to said laws, ordinances, rules and regulations shall be

13 changed to conform thereto by the contractor at his sole expense. Equal Opportunity/Section 3 This program/project is federally funded in whole or in part by the Community Development Block Grant Program and all requirements of the Title 24 of the Code of Federal Regulations apply including Section 3, Part 135. 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 government assistance for housing, and to business concerns which provide economic opportunities to low- and very low-income persons. The City of Menifee is an Equal Opportunity and Affirmative Action Employer. Minority and women-owned firms are encouraged to submit proposals.

14 QUESTIONNAIRE 1. Firm s Name: 2. Firm s Address: 3. Address of Project if different 4. Telephone Number Fax Number 5. Address 6. Name of Executive Director 7. Name and Title of Contact Person 8. Telephone Number Fax Number 9. Address 10. Type of Organization (Please check below) a. A corporation, organized and existing under the laws of the State of California (Specify Type, Please Mark below) For Profit Non Profit Government b. A partnership (if so, please list partners) c. An individual Name 11. Number of years in business: 12. Number of employees 13. Has your organization ever been suspended or debarred or is otherwise excluded from or ineligible for participation in Federal programs under Executive Order 12549, Debarment and Suspension. Yes No

15 SECTION 3 BUSINESS CERTIFICATION Section 3 Business Certification - to be completed by the business claiming Section 3 business status. For more information on the definition of Section 3 residents and Section 3 business concerns, visit Documentation will be requested to verify Section 3 business status prior to the award of the Contract. Business being certified Company: Address: Project information Project Name: _Lead Based Paint Assessment, Monitoring, and Clearance Testing Project Address: multiple addresses within City of Menifee Section 3 determination Is your business owned (51% or more) by individuals whose household incomes are NO GREATER THAN 80% of Area Median Income (AMI)? Use the median income listed on the following chart: Yes No Do 30% (or more) of your full time, permanent employees have household incomes that are NO GREATER THAN 80% of Area Median Income (AMI), or within three years of the date of first employment with the business concern were Section 3 residents? Yes No Will you subcontract more than 25% of this contract with a qualified business that is either 51% owned by Section 3 residents or 30% or more of its employees are Section 3 residents? Yes No If any of the questions above are marked yes, the business qualifies as a Section 3 business. I certify that the above statements are true, complete, and correct to the best of my knowledge and belief. I, the undersigned, swear that the foregoing statements are true and correct, and understand that false statements may initiate action under Federal or State laws concerning false statements. Signature: Print Name: Date:

16 Household Income Thresholds: Effective 12/18/2013 Household Size Maximum Income 1 $34,000 2 $38,850 3 $43,700 4 $48,850 5 $52,450 6 $56,350 7 $60,250 8 $64,100

17 MINORITY/WOMEN OWNED BUSINESS CERTIFICATION Under the U.S. Department of Urban Development (HUD) regulations, the City is must ensure that entities owned by minorities and women have access to contracting opportunities for activities receiving HUD funds. Documentation may be requested to verify the ownership status of the business prior to the award of the Contract. Business being certified Company: Address: Project information Project Name: _Lead Based Paint Assessment, Monitoring, and Clearance Testing Project Address: multiple addresses within City of Menifee Minority/Women Owned Business Certification Is your business owned at least 51% or more by minority group members? If your business is publicly traded, do minority group members own at least 51% of the voting stock and control management and daily business operations? Minority group members are United States citizens who are Asian, African-American, Hispanic or Native American: Yes No Is your business at least 51% or more women-owned, managed and controlled? Yes No Is your business certified as a minority-owned or women-owned business by a local certification agency? If yes, attach your certification. Yes No I certify that the above statements are true, complete, and correct to the best of my knowledge and belief. I, the undersigned, swear that the foregoing statements are true and correct, and understand that false statements may initiate action under Federal or State laws concerning false statements. Signature: Print Name: Date:

18 CERTIFICATION The undersigned has carefully examined Request for Proposal documents pertinent to the referenced services, and further, being familiar with all other conditions affecting this proposal, hereby agrees to furnish all labor, materials, etc., required to complete said services outlined in the specifications and other documents at the prices quoted on the Fee Schedule. Furthermore, the undersigned considers this response to the Request for Proposal valid for a period of 180 days after the due date. Agency Name Printed Name Title Authorized Signature Date Mailing Address City State Zip Code Telephone Number Fax Number

19 NON-COLLUSION AFFIDAVIT Proposer declares that the only persons or parties interested in this proposal as principals are those named herein; that no officer, agent, or employee of the City is personally interested, directly or indirectly, in this proposal; that this proposal is made without connection to any other individual, firm, or corporation making a proposal of the same work and that this proposal is in all respects fair and without collusion or fraud. Note: This questionnaire constitutes a part of the proposal and signature on the signature portion of this proposal shall constitute signature of this questionnaire. In case of discrepancy between words and figures, the words shall prevail. The names of all persons, firms, and corporations interested in the foregoing proposal as principals as follows: Pursuant to the requirements of Business and Professions Code Section , the representations made in this bid are made under penalty of perjury. The undersigned are prepared to satisfy the City Council of the Menifee of their ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with specifications set forth. Company Name Print Name Title Signature Dated, 20

20 ATTACHMENT A STANDARD CONTRACT LANGUAGE REQUIRED FOR ALL CONTRACTS AND SUBCONTRACTS GRANT PROVISIONS AFFIRMATIVE ACTION: The work to be performed under this contract is on a project assisted under a program providing direct federal financial assistance from the United States Department of Housing and Urban Development (HUD) and subject to 24 CFR 85.36(e). CITY hereby notifies all bidders that it will affirmatively insure that in any contract entered into pursuant to this advertisement, disadvantaged, minority and women's business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, religious creed, sex, or national origin in consideration for an award. Minority and women-owned and operated businesses encouraged to apply. SECTION 3: The work to be performed under this contract is on a project assisted under a program providing direct federal financial assistance from the HUD, Community Development Block Grant Program, and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 USC 1701u. Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to low and moderate income persons residing within the project area and that the contracts for work in connection with the project be awarded to eligible business concerns which are located in, or owned in substantial part by persons residing in the area of the project. Regulations for implementing the Section 3 clause are contained in 24 CFR 135, as amended, and as specified in the project specifications. FEDERAL TERMS AND CONDITIONS: During the performance of the contract, the Contractor must agree to comply with all applicable Federal laws and regulations including but not limited to each of the following: A. Equal Opportunity During the performance of this Contract, the Contractor agrees as follows: 1. The Contractor with comply with Executive Order of September 24, 1965 entitled Equal Employment Opportunity as amended by Executive Order of October 1967 as supplemented in Department of Labor regulations (41 CFR chapter 60). 2. The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor will take affirmative action to insure that applicants are employed and that employees are treated equally during employment, without regard to race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment upgrading, demotion, transfer, recruitment, or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and

21 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 City Setting forth the provisions of this nondiscrimination clause. 3. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to their race, color, religion, sex, or national origin. 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 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 furnish all information and reports required by Executive Order No 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. 6. 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 of Sept. 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order No of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 7. The Contractor will include the provisions of paragraphs (1) through (7) 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 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. 8. The Contractor shall file, and shall cause each of his subcontractors to file, Compliance Reports with the contracting agency or the Secretary of Labor as may be directed. Compliance Reports shall be filed within such times and shall contain such

22 information as to the practices, policies, programs, and employment policies, programs, and employment statistics of the contractor and each subcontractor, and shall be in such form, as the Secretary of Labor may prescribe. 9. Bidders or prospective contractors or subcontractors may be required to state whether they have participated in any previous contract subject to the provisions of this Order, or any preceding similar Executive order, and in that event to submit, on behalf of themselves and their proposed subcontractors, Compliance Reports prior to or as an initial part of their bid or negotiation of a contract. 10. Whenever the Contractor or subcontractor has a collective bargaining agreement or other Contract or understanding with a labor union or an agency referring workers or providing or supervising apprenticeship or training for such workers, the Compliance Report shall include such information as to such labor union's or agency's practices and policies affecting compliance as the Secretary of Labor may prescribe: Provided, That to the extent such information is within the exclusive possession of a labor union or an agency referring workers or providing or supervising apprenticeship or training and such labor union or agency shall refuse to furnish such information to the contractor, the contractor shall so certify to the Secretary of Labor as part of its Compliance Report and shall set forth what efforts he has made to obtain such information. 11. The Secretary of Labor may direct that any bidder or prospective contractor or subcontractor shall submit, as part of his Compliance Report, a statement in writing, signed by an authorized officer or agent on behalf of any labor union or any agency referring workers or providing or supervising apprenticeship or other training, with which the bidder or prospective contractor deals, with supporting information, to the effect that the signer's practices and policies do not discriminate on the grounds of race, color, religion, sex or national origin, and that the signer either will affirmatively cooperate in the implementation of the policy and provisions of this order or that it consents and agrees that recruitment, employment, and the terms and conditions of employment under the proposed contract shall be in accordance with the purposes and provisions of the order. In the event that the union or the agency shall refuse to execute such a statement, the Compliance Report shall so certify and set forth what efforts have been made to secure such a statement and such additional factual material as the Secretary of Labor may require. 12. The Contractor will cause the foregoing provisions to be inserted in all subcontracts for work covered by this Agreement so that such provisions will be binding upon each subcontractor, provided that the foregoing provisions shall not apply to contracts or subcontracts for standard commercial supplies or raw materials. B. Disadvantaged/Minority/Women Business Enterprise Federal Regulatory Requirements under 24 CFR 85.36(e)

23 1. The Contractor will take all necessary affirmative steps to assure that minority firms, women's business enterprises, and labor surplus area firms are used when possible. 2. Affirmative steps shall include: i. Placing qualified small and minority businesses and women's business enterprises on solicitation lists; ii. iii. iv. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority business, and women's business enterprises; Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority business, and women's business enterprises; v. Using the services and assistance of the Small Business Administration, and the Minority Business Development Agency of the Department of Commerce; and C. Copeland "Anti-Kickback" Act (18 U.S.C. 874) Contractor shall comply with the Copeland "Anti-Kickback" Act (18 U.S.C. 874) as supplemented in Department of Labor regulations (29 CFR Part 3). D. Compliance with Labor Standard Provisions Contractor shall comply with all provisions contained in the form HUD-4010, Federal Labor Standards Provisions. E. Compliance with Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C ) Contractor will comply with Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C ) as supplemented by Department of Labor regulations (29 CFR part 5). Requires the contracting officer to insert the clauses set forth in 29 CFR part 5, Construction contracts awarded by grantees and subgrantees in excess of $2000, and in excess of $2500 for other contracts which involve the employment of mechanics or laborers) F. Requirements and Regulations pertaining to Data and Design

24 All work created under this Agreement shall be owned by the City and shall not be subject to copyright protection. The rights to any invention which is developed in the course of this Agreement shall be the property of the City. G. Requirements and Regulations Pertaining to Reporting The City, HUD and the Comptroller General of the United States or any of their duly authorized representatives shall be granted access to any books, documents, papers and records of Contractor which are directly pertinent the contract. H. Compliance with Clean Air Act and Clean Water Act. 1. Contractor shall comply with all applicable standards, orders and requirements issued under Section 306 of the Clean Air Act (42 U.S.C. 1857(h). 2. Contractor shall comply with all applicable standards, orders and requirements issued under Section 508 of the Clean Air Act (33 U.S.C. 1368). 3. Contractor shall comply with Executive Order and Environmental Protection Agency regulations (40 CFR Part 15). I. Compliance with Energy Policy and Conservation Act (Pub. L , 89 Stat. 871). The Contractor shall comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L ,89 Stat. 871). D/MBE/WBE IMPLEMENTATION GUIDELINES: The following information, as applicable, shall be retained by Contractor and produced upon request by General Services if determined by General Services to be necessary to establish the bidder's "good faith efforts" to meet the Disadvantaged/Minority/Women Business Enterprise (D/M/WBE) requirements. 1. The names and dates of advertisement of each newspaper, trade paper, and minorityfocus paper in which a request for D/M/WBE participation for this project was placed by the bidder. 2. The names and dates of notices of all certified D/M/WBEs solicited by direct mail for this project and the dates and methods used for following up initial solicitations to determine with certainty whether the D/M/WBEs were interested. 3. The items of work for which the bidder requested subbids or materials to be supplied by D/M/WBEs, the information furnished interested D/M/WBEs in the way of plans, specifications and requirements for the work, and any breakdown of items of work into economically feasible units to facilitate D/M/WBE participation. Where there are D/M/WBEs available for doing portions of the work normally performed by the bidder with his own forces, the bidder will be expected to make portions of such work available for D/M/WBEs to bid on.