4800 THIRD RESTAURANT TENANT IMPROVEMENT BID

4800 THIRD RESTAURANT BID PACKET EXHIBITS 1

LIST OF EXHIBITS

EXHIBIT A MOCI 7 BID FORM

EXHIBIT B MOCI 9 CONTRACTOR REQUIREMENTS

EXHIBIT C MOCI 8 LIST OF SUBCONTRACTORS

EXHIBIT D SAMPLE AIA A107 AGREEMENT FOR SMALL COMMERCIAL PROJECTS

EXHIBIT E MOCI 11 INSTRUCTIONS FOR PREPARING OWNER CONTRACTOR AGREEMENT

EXHIBIT F SUPPLEMENTARY GENERAL CONDITIONS FEDERAL AND LOCAL REQUIREMENTS FOR CONSTRUCTION CONTRACTS

EXHIBIT G HUD 4010 FEDERAL LABOR STANDARDS

EXHIBIT H HUD SECTION 3

EXHIBIT I FEDERAL WAGE DETERMINATION

EXHIBIT JFEDERAL PROVISIONS FOR AFFIRMATIVE ACTION AND EQUAL OPPORTUNITY

EXHIBIT A

MOCI 7 BID FORM

Complete all blank spaces

NAME

PROJECT SITE ADDRESS

BID OPENING ADDRESS

BID OPENING TIME DATE

THE UNDERSIGNED:

(6)examined all bidding documents and the site for the above projects and agreed to furnish and pay for all

•Labor, materials and equipment regardless of any increase in wage scales or material prices;

•Construction equipment, tools, means, machinery, and temporary facilities;

•Fees for all permits;

•Utilities required for construction;

•Bonds and insurance required;

•Sales, consumer and use taxes required by law;

•Transportation, facilities, services and other items as required or necessary for, and incidental to, the prosecution and completion of the work of the project;

(2)acknowledged and included in this Bid, Addenda No’s. ;

(3)agreed to hold the Bid good for calendar days;

(4)will, if awarded, enter into and execute a contract for the lump-sum price of Dollars , ($)

(5)this price can be adjusted according to the following alternatives:

(a) AlternateNo. 1 (add $) (deduct $)

(b) AlternateNo. 2 (add $) (deduct $)

© AlternateNo. 3 (add $) (deduct $)

(d) AlternateNo. 4 (add $) (deduct $)

(e) AlternateNo. 5 (add $) (deduct $)

(6)certifies that he/she has not entered into a collusive agreement with any person in respect to this bid.

Bidder SignatureDate

Bidder’s Name Title

Firm’s Name

CA State Contractor’s License Number: License Status:

Address

Phone No. Fax: Email:

President’s or Owner’s Name

EXHIBIT B

MOCI 9 CONTRACTOR REQUIREMENTS

For All Contracts, Regardless Of Amount:

1. At the time of the award of the contract, contractor will be required to maintain in full force and effect for the period covered by the contract, the following insurance coverage:

Single Limit Each Occurrence

a. / Workers’ Compensation / $1,000,000
b. / Employer's Liability / $1,000,000
c. / Comprehensive General Liability, Bodily Injury & Property Damage / $1,000,000
d. / Comprehensive Automobile Liability Bodily Injury & Property Damage / $1,000,000
e. / All Risk Builders Risk Insurance. The owner will normally waive this requirement if owner has adequate real property coverage. Check with owner. / 100% of contract amount

Contractor shall furnish Corporation with certificates of insurance for above coverage that shall name the Corporation and Owner as additional insured.

2. Contractor and all subcontractors must be eligible to participate in Federally assisted contracts and shall not have any interest in any firm, corporation, partnership or association that is debarred or determined ineligible by the Secretary of Labor or the Secretary of Housing and Urban Development (HUD) to be awarded this Contract.

3. All contractors must be licensed by the Contractor's State License Board of California.

The Contractor Must Provide Performance And Labor And Material Payment Bonds Equal To 100% Of Contract Amount.

EXHIBIT C

MOCI 8 LIST OF SUBCONTRACTORS

The following are the subcontractors that I will use for the project located at:

, San Francisco, CA.

If I fail to specify a subcontractor for any portion of the work to be performed, I agree to perform that portion myself.

Type of Work (Trades) /

Name and Address of Subcontractors

/ License Number / Amount of Subcontract

IF THIS FORM IS NOT COMPLETED AND SUBMITTED WITH BID FORM, THE BID MAY NOT BE ACCEPTED. Any change of the subcontractors listed hereon must be approved in writing by the Owner (awarding agency) and the Mayor’s Office of Community Investment.

SignatureTitleDate

Prime ContractorLicense No.IRS ID No.

EXHIBIT D

SAMPLE AIA A107 AGREEMENT 2007 EDITION

FOR SMALL COMMERCIAL PROJECTS

SEE ATTACHED EXHIBIT 2 Package

EXHIBIT E

MOCI 11 INSTRUCTIONS FOR PREPARING OWNER CONTRACTOR AGREEMENT

MOCI provisions are to be incorporated into construction agreements that are funded in whole or in part by MOCI. American Institute of Architects forms are recommended: A107-1997, Abbreviated Standard Form of Agreement, or A101 Standard Form of Agreement with A201, General Conditions. Documents can be obtained from an AIA distributor by calling 415-362-7397 or 1-800-365-2724. They can also be ordered online at

The following provisions are to be incorporated into the Abbreviated Standard Form, AIA document A107-1997. If a different contract form is used, these provisions still must be incorporated.

Article 2.1: Work to be performed under this agreement shall commence by (insert date)

Article 4.1.1: Progress payments shall be made monthly by Owner in amounts equal to labor & materials furnished less ten percent (10%) retainage to be held after work is completed (Retainage may be higher if no performance and labor material payment bonds are provided. Retainage may be less than 10% if certain conditions are met.)

Article 4.1.2: Applications for payment shall be on AIA document G702 & G703 or equivalent.

Article 4.2.2: Payment for retainage shall be made thirty days after substantial completion, less any incomplete work & unsettled claims.

Article 5.1.2:

  1. Supplementary General Conditions – Federal and Local Requirements, (FED 2)
  2. Federal Labor Standards Provisions, HUD #4010 for contracts over $2,000 (FED 4)
  3. Wage Determination No.______with modification No.______. (Note: the Modification published by the U.S. Dept. of Labor and in effect 10 days before bid opening will be applicable to this Agreement.)
  4. Federal Equal Employment Opportunity Forms A, B, C, & D for contract amounts of $10,000 or greater (FED 3)
  5. Contractor’s Requirements for Licensing, Bonding, Insurance & Eligibility(MOCI 22)
  6. Section 3 ($200,000 and greater) – use of project area businesses & lower income residents: include Section 3 of the Housing and Urban Development Act of 1968 with Exhibits A through G and Attachment 1 to Exhibit B. (FED 5)
  7. First Source Hiring Program (for construction contracts in excess of $350,000)

Article 20 – Other Conditions or Provisions

  1. Prior to the commencement of the Work, the contractor shall furnish to the Owner, certificates of insurance with limits of liability not less than the specified in the Contractor’s Requirements. In addition, Performance and Labor and Payment Bonds, when required, must also be submitted to the owner.
  2. Change Orders - Total cost of extra work shall be the sum of labor costs, material costs, equipment rental costs plus overhead and profit as allowed herein. The same overhead and profit limits as established for change order additions shall be credited to change order deductions. No other cost, including special damages of any type, arising out of or connected with the performance of extra work, of any nature, may be recovered by the contractor.
  3. Contractors Overhead and profit on direct labor, Material and Equipment for extra work shall be 10 percent
  4. Sub-Contractors Overhead and profit on direct labor, Material and Equipment for extra work shall be 10 percent
  5. Overhead Defined -The following constitutes charges that are included in overhead for all contract modifications: Drawings: field drawings, shop drawings, etc. including submission of drawings, Routine field inspection of work proposed, General superintendence, General administration and preparation of change orders, Salaries of project engineers, project managers, superintendent, timekeeper, secretaries and administrative assistants, Janitorial services, Temporary on-site facilities, Home office expenses, Insurance and Bond Premium, Procurement and use of vehicles used coincidentally in base bid work,, Surveying, Estimating, Protection of work, Final clean up, Warranties, Review of Contract Modification procedures, Incidental labor and misc. tools, coordination of work and Other incidental work..

4.General Contractor is herby informed that all change order proposals must have the following cost breakdown

  1. Labor - cost for labor shall be fair and reasonable in accordance with industry standard and paid at the highest prevailing wage rate for the trade involved
  2. Material - cost for material shall be fair and reasonable in accordance with industry standard and paid at fair market value
  3. Equipment – cost for equipment rental shall be in accordance with California Department of Transportation official equipment rental rate.

5.MOCI shall have the right to audit all records in possession of Contractor relating to activities covered by change order. Further MOCI shall have the right to audit, inspect, or copy all records maintained in connection with the contract, including financial records in possession of Contractor. If Contractor is a joint venture, right of MOCI shall apply collaterally to same extent to records of joint venture sponsor, and of each individual joint venture member.

6Section 6.22 of Chapter 6 of the San Francisco Administrative code relating to contractor’s workforce and hiring of local residents is hereby incorporated by reference.

  1. 7. THIS AGREEMENT, FUTURE MODIFICATIONS, AND CHANGE ORDERS ARE SUBJECT TO PRIOR WRITTEN APPROVAL BY THE OFFICE OF ECONOMIC AND WORKFORCE DEVELOPMENT/MAYOR’S OFFICE OF COMMUNITY INVESTMENT (MOCI) AND NO COST SHALL BE INCURRED PRIOR TO THIS APPROVAL.

EXHIBIT F

SUPPLEMENTARY GENERAL CONDITIONS

FEDERAL AND LOCAL REQUIREMENTS FOR CONSTRUCTION CONTRACTS

The work to be performed under this contract is for a project receiving direct federal financial assistance from the U.S. Department of Housing and Urban Development (HUD) under the Community Development Block Grant Program. The Program is administered by the City and County of San Francisco (hereinafter as City) through the Mayor's Office of Community Development. The Corporation shall include the following provisions in every subcontract or purchase order relating to the Work Program, unless the Corporation receives the written consent of MOH to the non-inclusion of any such provision. The entity entering into the subcontract with the Corporation shall hereinafter be referred to as the "Subcontractor.

No Guaranty or Liability of CCSF. This agreement is between the Corporation and the Subcontractor, and all payments due and owing hereunder shall be payable by the Corporation. In no event shall the City and County of San Francisco or its Mayor's Office of Community Development (the "City") be deemed a guarantor or a party to this agreement, and the City shall have no responsibility for payment and no liability under this agreement under any circumstances.

Therefore, the following conditions take precedence over any conflicting conditions in this Contract:

I. RESTRICTIONS ON DISBURSEMENTS

No money under this Contract shall be disbursed by the Corporation to any subcontractor except pursuant to a written contract which incorporates the applicable conditions in this Contract and in the Supplementary General Conditions.

Any purchase of property or services under this agreement must be consistent with applicable Federal, State and local laws as well as the existing and future procurement standards set forth in the Attachment "O" of OMB Circular A-1 1 0, as the same may be amended from time to time.

  1. CONFLICT OF INTEREST
  2. Interest of certain employees, agents, consultants, officers and officials. - The Subcontractor covenants that, except for approved eligible administrative or personnel costs, no employee, agent, consultant, officer or official of the City and County of San Francisco, the Corporation, the Subcontractor or any other subrecipient of Community Development Block Grant ("CDBG') funds (as defined in 24 CFR 570.204) who exercises or has exercised any functions or responsibilities with respect to activities assisted by CDBG funds or who is in a position to participate in a decision making process or gain inside information with regards to such activities, may obtain a personal or financial interest in or benefit from the activities to be performed under this Contract, or have an interest in any other contract, subcontract or agreement with respect to such activities, or in the proceeds thereunder, either for himself or herself or for those with whom he or she has family or business ties, during his or her tenure and for one year thereafter. In order to carry out the purpose of this section, the Subcontractor shall incorporate, or cause to be incorporated, in all contracts, subcontracts and agreements relating to activities to be performed under this Contract, a provision similar to that of this section.
  3. This paragraph shall be interpreted in such a way so as to not unreasonably impede the statutory requirement that maximum unreasonably impede the statutory requirement that maximum opportunity be provided for employment or participated by residents of the project area which in the case of Community Development funded projects is San Francisco.
  4. DISCRIMINATION PROHIBITED

The Subcontractor covenants and agrees not to discriminate on the basis of the fact or perception of a person's race, color, creed, religion, national origin, ancestry, age, sex, sexual orientation, gender identity, domestic partner status, marital status, disability or Acquired Immune Deficiency Syndrome or HIV status (AIDS/HIV status) against any employee of, any City employee working with, or applicant for employment with the Subcontractor, in any of the Subcontractor’s operations within the United States, or against any person seeking accommodations, advantages, facilities, privileges, services, or membership in all business, social, or other establishments or organizations operated by the Subcontractor. The provisions of Sections 12B.2(a), 12B.2(c)-(k), and 12C.3 of the San Francisco Administrative Code are incorporated herein by this reference, and Subcontractor agrees to comply such provisions. The Subcontractor hereby promises with respect to the expenditure of funds provided under this Contract utilized in whole or in part for the implementation of the Community Development activity, which is the subject of this Contract that it will comply with:

  1. Title VI of the Civil Rights Act of 1964 (P.L. 88-353), and in Accordance with Title VI of that Act, no person in the United States shall on the ground of race, color or national origin be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under the program or activity funded by this Contract. If any real property or structure thereon is provided or improved with the aid of the monies provided under this Contract, the provision shall obligate the Subcontractor, or in the case of any transfer of such property, any transferee, for the period during which the real property of structure is used for a purpose for which funds under this Contract have been provided or for another purpose involving the providing of similar services or benefits.
  1. Title VIII of the Civil Rights Act of 1968 (P.L. 96-284) as amended, and will administer all programs and activities relating to housing and community development in a manner to affirmatively further fair housing.
  1. Section 109 of the Housing and Community Development Act of 1974 (42 USC 5409), and in conformance with all requirements imposed by or pursuant to that Section; and in accordance with that Section, no person in the united States shall, on the basis of race, color, national origin, sex, or disabilities, if otherwise qualified be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with the Community Development funds.
  1. Executive Order 11063, on Equal Opportunity in Housing which prohibits discrimination because of race, color, creed, or national origin in the sale, leasing rental or other disposition of residential property and related facilities including land to be developed for residential use or occupancy. Thereof, where such property and related facilities are provided in whole or in part with funds under this Contract.
  1. Executive Order 11246, as amended by Executive Order 11375 and as supplemental in Department or Labor Regulations (41 CFR, Part 60) regarding Equal Employment Opportunity:
  1. During the performance of this Contract, the Subcontractor agrees as follows:
  2. The Subcontractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Subcontractor 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, 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 Subcontractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.

  1. The Subcontractor will, in all solicitations or advertisements for employees placed by or on behalf of the Subcontractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin.
  2. The Subcontractor 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 advising the said labor union or workers' representatives of the Subcontractor’s commitments under this Section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
  3. The Subcontractor will comply with all provisions of Executive Order I 1 246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor.
  4. The Subcontractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records and accounts by HUD and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
  5. In the event of the Subcontractors noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this Contract may be canceled, terminated, or suspended in whole or in part and the Subcontractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order II 246 of September 24, 1965, or by rule, regulation or order of the Secretary of Labor, or as otherwise provided by law.
  6. The Subcontractor will include paragraph 2 below in every subcontract or purchase order unless exempted by rules, regulations, or order of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Subcontractor will take such action with respect to any subcontract or purchase order as HUD may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a Subcontractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by HUD, the Subcontractor may request the United States to enter into such litigation to protect the interests of the United States.
  1. Non-Segregated Facilities. The Subcontractor certifies that he does not maintain or provide for his employee any segregated facilities at any of his establishments, and that he does not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. The Subcontractor covenants that he will not maintain or provide for his employees any segregated facilities at any of this establishments, and that he will not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. As used in this paragraph the term "segregated facilities" means any waiting rooms, work areas, restrooms and washroom, restaurants and other storage or dressing areas, parking lots, drinking fountains, recreation or parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, creed, color, or natural origin, because of habit, local custom, or otherwise.
  1. OTHER RELEVANT STATUTORY PROVISIONS

The Subcontractor hereby promises with respect to the expenditure of funds provided under this contract utilized in whole or in part for the implementation of the Community Development activity which is the subject of this Contract that it will comply with: