HomeMy WebLinkAboutContracts & Agreements_140-2024FIRST AMENDMENT TO PUBLIC WORKS CONSTRUCTION CONTRACT
This first amendment ("First Amendment") to the Public Works Construction Contract for
the EOC HVAC Replacement & Roofing Replacement, Project No. FCS01112024KG (the
"Contract"), dated April 16, 2024, by and between the City of Redlands, a municipal corporation
and a general law city ("City"), and AME Builders, Inc. dba AME Roofing ("Contractor"), is made
and entered into this 16th day of July, 2024.
RECITALS
WHEREAS, it is the desire of the City and Contractor to amend their existing Contract,
specifically to incorporate federal requirements as listed in Appendix II Part 200, Title 2 of the
"Contract Provisions for Non -Federal Entity Contracts Under Federal Awards" document; and
WHEREAS, the City Council approved the Contract with the Contractor for work in
accordance with the Bid Documents for Project No. FCS01112024KG.
NOW, THEREFORE, in consideration of the mutual promises contained herein City and
Contractor agree as follows:
AGREEMENT
Section 1. Paragraph 5 ("Contract Documents") of the Contract is hereby amended to read
as follows:
"5. CONTRACT DOCUMENTS: This Contract incorporates by reference the
following: Notice Inviting Bids, Instructions to Bidders, Contractor's Proposal, Bid Bond,
Agreement, Performance Bond, Labor and Material Bond, Plans, General Conditions, Special
Provisions and Specifications, and any addenda thereto (collectively, the "Contract Documents").
The Contract Documents also include the federal requirements as listed in Appendix II Part 200,
Title 2 of the "Contract Provisions for Non -Federal Entity Contracts Under Federal Awards"
which is attached hereto and incorporated by reference herein as Exhibit A.".
Section 2. This First Amendment adds a new Exhibit "A" to the Contract which is attached
hereto as Attachment 1.
Section 3. All other provisions of the Contract shall remain unchanged by this First
Amendment and in effect.
[Signatures on following page]
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IN WITNESS WHEREOF, the parties have executed this First Amendment, to be effective
as of July 16, 2024.
CITY O .1 1 ANDS
ddie Tejeda, Mayor
ATTEST:
Donaldson, City Clerk
AME BUILDERS, INC. DBA
AME ROOFING
Don Seo
By: ,o_,saaroa
Don Seo, President
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Attachment 1
EXHIBIT A
Appendix II to Part 200 — Contract Provisions for Non -Federal
Entity Contracts Under Federal Awards
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5/8/24, 12:31 PM eCFR :: Appendix II to Part 200, Title 2 -- Contract Provisions for Non -Federal Entity Contracts Under Federal Awards
This content is from the eCFR and is authoritative but unofficial.
j Displaying title 2, up to date as of 5/06/2024. Title 2 was last amended 5/01/2024.
Title 2 —Grants and Agreements
Subtitle A —Office of Management and Budget Guidance for Grants and Agreements
Chapter II —Office of Management and Budget Guidance
Part 200 —Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards
Appendix II to Part 200—Contract Provisions for Non -Federal Entity Contracts Under Federal Awards
In addition to other provisions required by the Federal agency or non -Federal entity, all contracts made by the non -Federal entity under
the Federal award must contain provisions covering the following, as applicable.
(A) j Contracts for more than the simplified acquisition threshold, which is the inflation adjusted amount determined by the
Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C.
1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract
terms, and provide for such sanctions and penalties as appropriate.
j (B) i All contracts in excess of $10,000 must address termination for cause and for convenience by the non -Federal entity
Including the manner by which it will be effected and the basis for settlement.
(C) ; Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of
"federally assisted construction contract" in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under
41 CFR 60-1.4(b), in accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319,12935, 3 CFR
Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal
Employment Opportunity," and implementing regulations at 41 CFR part 60, "Office of Federal Contract Compliance
Programs, Equal Employment Opportunity, Department of Labor."
(D) 1 Davis -Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction
contracts in excess of $2,000 awarded by non -Federal entities must include a provision for compliance with the Davis -
Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5,
"Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In
accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than
the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be
required to pay wages not less than once a week. The non -Federal entity must place a copy of the current prevailing wage
determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must
be conditioned upon the acceptance of the wage determination. The non -Federal entity must report all suspected or
reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the
Copeland "Anti -Kickback" Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3,
"Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from
the United States"). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means,
any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to
which he or she is otherwise entitled. The non -Federal entity must report all suspected or reported violations to the Federal
awarding agency.
(E) ' Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non -
Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for
compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40
U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis
of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is
compensated at a rate of not Tess than one and a half times the basic rate of pay for all hours worked in excess of 40 hours
in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or
mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or
dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the
open market, or contracts for transportation or transmission of intelligence.
1 (F) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of "funding agreement"
under 37 CFR § 401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or
nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or
https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/appendix-Appendix II to Part 200 1/2
5/8/24, 12:31 PM eCFR :: Appendix II to Part 200, Title 2 -- Contract Provisions for Non -Federal Entity Contracts Under Federal Awards
research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of 37 CFR
Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants,
Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency.
(G) Clean Air Act (42 U.S.C. 7401-7671 q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended —
Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non -Federal award to
agree to comply with all applicable standards, orders or regulations Issued pursuant to the Clean Air Act (42 U.S.C. 7401-
7671 q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the
Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).
Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2 CFR 180.220) must not be made
to parties listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the
OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR
part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred,
suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority
other than Executive Order 12549.
Byrd Anti -Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award exceeding $100,000 must file
the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to
pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of
Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any
Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non -
Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to
tier up to the non -Federal award.
(J) See § 200.323.
(K) = See § 200.216.
(L) !See § 200.322.
(78 FR 78608, Dec. 26, 2013, as amended at 79 FR 75888, Dec. 19, 2014; 85 FR 49577, Aug. 13, 2020]
https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/appendix-Appendix II to Part 200 2/2