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d anc submitted with proposal response. LP & HM Program will evaluate the oroposals, in

part, basec on the pricing provided, herein

Service Description Unit Cost
Combined Lead Paint inspection & Risk Assessment Per unit 5

Aes
bo
ey)

rsamele $25

Jearance Inspection (Visual)

Per unit > 600

{to verify removal of components and/or surface coating)

Final Clearance Inspection

(after completion of lead hazard reduction work)

ee

“Next Day" dust wines taken at Final Clearance inspection Per wipe 5 36

yent clearance insnections following failure(s}

Lv)
&
rag
i
im
3
&

Per unit $305
Gill be back-charged to contractor)
"Same Day” Cust Wine Samples taken after a failure

Per sample $37.50
iwill be back-charged to contractor)
Site fee for visits mol Usted above, Le. unable ta access property,
soil clearance, etc (requires advance Program epproval ta be Per visit 5 a75
eligible far oiling)

AEI Consultants
Company Name
Aboud Abdelghani

Name of person authorized to submit proposal (please print)

ae

Suthorized Signature

1/3/2018
Date

REPOOTEA(05 18 Lead Paint Inspeetion, Hisk Assessment and Clearance Services Page i 8

A CONTRACT BETWEEN THE CITY OF NASHUA
AND

PROLIFIC PROPERTY MANAGEMENT DBA ALCHEMY LEAD MANAGEMENT
NAME AND TITLE OF INDEPENDENT CONTRACTOR

189 KELLEY STREET, MANCHESTER, NH 03102
ADDRESS OF INDEPENDENT CONTRACTOR

WHEREAS, the City of Nashua, a political subdivision of the State of New Hampshire, from time to
time requires the services of independent Contractor; and

WHEREAS, it is deemed that the services of Contractor herein specified are both necessary and
desirable and in the best interests of the City of Nashua; and

WHEREAS, Contractor represents they are duly qualified, equipped, staffed, ready, willing and able
to perform and render the services hereinafter described;

Now, THEREFORE, in consideration of the agreements herein made, the parties mutually agree as
follows:

1. DOCUMENTS INCORPORATED. The following exhibits are by this reference incorporated herein and are
made part of this contract:

Exhibit A - General Conditions for Contracts

Exhibit B - Scope of Services

The Contract represents the entire and integrated agreement between the parties and supersedes
prior negotiations, proposals, representations or agreements, either written or oral. Any other
documents which are not listed in this Article are not part of the Contract.

2. WORK TO BE PERFORMED. Except as otherwise provided in this contract, Contractor shall furnish all
services, equipment, and materials and shall perform all operations necessary and required to carry
out and perform in accordance with the terms and conditions of the contract the work described in
Exhibit B.

3. PERIOD OF PERFORMANCE. Contractor shall perform and complete all work within the time periods set
forth in Exhibit B. The time periods set forth in Exhibit B may only be altered by the parties by a written
agreement to extend the period of performance or by termination in accordance with the terms of the
contract. Contractor shall begin performance upon receipt of a Notice to Proceed and a valid purchase
order from the City.

4. COMPENSATION. Contractor agrees to perform the work for a total cost not to exceed $150,000, which,
unless otherwise provided in this contract, shall be paid in accordance with the provisions of Exhibit B.
Requests for payment must include a detailed summary of the expenditures reported in a form that
supports the approved budget. Specifically, contractor agrees to provide the following with each
request for payment:

1. Appropriate invoice forms. The forms shall include the project purchase order number, a listing of
personnel hours and billing rates, and other expenditures for which payment is sought.

2. A progress report. The report shall include a description of the work accomplished, problems
experienced, upcoming work, any extra work carried out, and a schedule showing actual
expenditures billed for the period, cumulative total expenditures billed and paid to date under the
contract, and a comparison of cumulative total expenditures billed and paid to the approved
budget.

The City will pay for work satisfactorily completed by Contractor. The City will pay Contractor within 30
days of approval by the City of the submitted invoice forms and progress reports. The City will make no
payments until the invoice forms and progress reports have been submitted and approved. The parties
expressly agree that progress payments shall not exceed the amounts for any particular task or phase of
work set forth in Exhibit B and may be made in accordance with General Condition paragraph 14.

5. EFFECTIVE DATE OF CONTRACT. This contract shall not become effective until and unless approved by
the City of Nashua.

6. Notices. All notices, requests, or approvals required or permitted to be given under this contract
shall be in writing, shall be sent by hand delivery, overnight carrier, or by United States mail, postage
prepaid, and registered or certified, and shail be addressed to:

CITY REPRESENTATIVE:

Carrie Schena, Urban Programs Manager

City of Nashua, Community Development Division
229 Main Street

Nashua, NH 03060

CONTRACTOR REPRESENTATIVE:
Debbie-Ann Valente

Alchemy Lead Management

189 Kelley Street

Manchester, NH 03102

Any notice required or permitted under this contract, if sent by United States mail, shall be deemed to
be given to and received by the addressee thereof on the third business day after being deposited in
the mail. The City or Contractor may change the address or representative by giving written notice to
the other party.

IN WITNESS WHEREOF, the parties hereto have caused this contract to be signed and intend to be legally
bound thereby.

Independent Contractor (date)

Mayor, City of Nashua (date)

AG -20f 3

N Oo a F Ww

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EXHIBIT A
TABLE OF CONTENTS
GENERAL CONDITIONS

DEFINITIONS

INDEPENDENT CONTRACTOR STATUS AND PROVISION OF WORKERS’
COMPENSATION COVERAGE

STANDARD OF CARE

City REPRESENTATIVE
CHANGES TO SCOPE OF WORK
City COOPERATION

DISCOVERY OF CONFLICTS, ERRORS, OMISSIONS, AMBIGUITIES, OR
DISCREPANCIES

TERMINATION OF CONTRACT

DISPUTE RESOLUTION

NO DAMAGES FOR DELAY

INSURANCE

INDEMNIFICATION

FISCAL CONTINGENCY

COMPENSATION

COMPLIANCE WITH APPLICABLE LAWS
NONDISCRIMINATION

FEDERAL SUBCONTRACTING REQUIREMENTS
CONTRACTOR ENDORSEMENT

ASSIGNMENTS, TRANSFER, DELEGATION, OR SUBCONTRACTING
CITY INSPECTION OF CONTRACT MATERIALS
DISPOSITION OF CONTRACT MATERIALS

PuBLIC RECORDS LAW, COPYRIGHTS, AND PATENTS
FINAL ACCEPTANCE

TAXES

NoON-WAIVER OF TERMS AND CONDITIONS

RIGHTS AND REMEDIES

PROHIBITED INTERESTS

THIRD PARTY INTERESTS AND LIABILITIES

SURVIVAL OF RIGHTS AND OBLIGATIONS
SEVERABILITY

MODIFICATION OF CONTRACT AND ENTIRE AGREEMENT
CHOICE OF LAW AND VENUE

HUD ADMINISTRATIVE REQUIREMENTS

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GENERAL CONDITIONS

DEFINITIONS. Unless otherwise required by the context, “Contractor" includes any of the Contractor's
consultants, subconsultants, contractors, and subcontractors

INDEPENDENT CONTRACTORS STATUS AND PROVISION OF WORKERS’ COMPENSATION COVERAGE. The
parties agree that Contractor shall have the status of and shall perform all work under this contract as
an independent contractor, maintaining control over all its consultants, subconsultants, contractors, or
subcontractors. The only contractual relationship created by this contract is between the City and
Contractor, and nothing in this contract shall create any contractual relationship between the City and
Contractor's consultants, subconsultants, contractors, or subcontractors. The parties also agree that
Contractor is not a City employee and that there shall be no:

(1) Withholding of income taxes by the City:

(2) Industrial insurance coverage provided by the City;

(3) Participation in group insurance plans which may be available to employees of the City;

(4) Participation or contributions by either the independent contractor or the City to the public
employee's retirement system;

(5) Accumulation of vacation leave or sick leave provided by the City;

(6) Unemployment compensation coverage provided by the City.

Contractor agrees, if not exempt, to maintain required workers’ compensation coverage throughout
the entire term of the contract. If Contractor does not maintain coverage throughout the entire term of
the contract, Contractor agrees that City may, at any time the coverage is not maintained by
Contractor, order the Contractor to stop work, suspend the contract, or terminate the contract. For
each six-month period this contract is in effect, Contractor agrees, prior to the expiration of the six-
month period, to provide another written request to its insurer for the provision of a certificate and
notice of lapse in or nonpayment of coverage. If Contractor does not make the request or does not
provide the certificate before the expiration of the six-month period, Contractor agrees that City may
order the Contractor to stop work, suspend the contract, or terminate the contract.

STANDARD OF CARE. Contractor shall be responsible for the professional quality, technical accuracy,
timely completion, and coordination of all work performed under this contract. Contractor warrants
that all work shall be performed with the degree of professional skill, care, diligence, and sound
practices and judgment that are normally exercised by recognized professional firms with respect to
services of a similar nature. It shall be the duty of Contractor to assure at its own expense that all
work is technically sound and in conformance with all applicable federal, state, and local laws,
statutes, regulations, ordinances, orders, or other requirements. In addition to all other rights which
the City may have, Contractor shall, at its own expense and without additional compensation, re-
perform work to correct or revise any deficiencies, omissions, or errors in the work or the product of
the work or which result from Contractor's failure to perform in accordance with this standard of care.
Any approval by the City of any products or services furnished or used by Contractor shall not in any
way relieve Contractor of the responsibility for professional and technical accuracy and adequacy of its
work. City review, approval, or acceptance of, or payment for any of Contractor's work under this
contract shall not operate as a waiver of any of the City’s rights or causes of action under this contract,
and Contractor shall be and remain liable in accordance with the terms of the contract and applicable
law.

Contractor shall furnish competent and skilled personnel to perform the work under this contract. The
City reserves the right to approve key personnel assigned by Contractor to perform work under this
contract. Approved key personnel shall not be taken off of the project by Contractor without the prior
written approval of the City, except in the event of termination of employment. Contractor shall, if
requested to do so by the City, remove from the job any personnel whom the City determines to be
incompetent, dishonest, or uncooperative.

City REPRESENTATIVE. The City may designate a City representative for this contract. If designated,
all notices, project materials, requests by Contractor, invoice forms, and progress reports, and any
other communication about the contract shall be addressed or be delivered to the City Representative.

GC - 2 of 14

CHANGES TO SCOPE OF WoRK. The City may, at any time, by written order, make changes to the
general scope, character, or cost of this contract and in the services or work to be performed, either
increasing or decreasing the scope, character, or cost of Contractor's performance under the
contract. Contractor shall provide to the City within 10 calendar days, a written proposal for
accomplishing the change. The proposal for a change shall provide enough detail, including personnel
hours for each sub-task and cost breakdowns of tasks, for the City to be able to adequately analyze
the proposal. The City wili then determine in writing if Contractor should proceed with any or all of the
proposed change. If the change causes an increase or a decrease in Contractor's cost or time
required for performance of the contract as a whole, an equitable adjustment shall be made and the
contract accordingly modified in writing. Any claim of Contractor for adjustment under this clause shall
be asserted in writing within 30 days of the date the City notified Contractor of the change.

When Contractor seeks changes, Contractor shall, before any work commences, estimate their effect
on the cost of the contract and on its schedule and notify the City in writing of the estimate. The
proposal for a change shall provide enough detail, including personnel hours for each sub-task and
cost breakdowns of tasks, for the City to be able to adequately analyze the proposal. The City will
then determine in writing if Contractor should proceed with any or all of the proposed change.

Except as provided in this paragraph, Contractor shall implement no change unless the City in writing
approves the change. Unless otherwise agreed to in writing, the provisions of this contract shall apply
to all changes. The City may provide verbal approval of a change when the City, in its sole discretion,
determines that time is critical or public health and safety are of concern. Any verbal approval shall be
confirmed in writing as soon as practicable. Any change undertaken without prior City approval shall
not be compensated and is, at the City's election, sufficient reason for contract termination.

Crty COOPERATION. The City agrees that its personnel will cooperate with Contractor in the
performance of its work under this contract and that such personnel will be available to Contractor for
consultation at reasonable times and after being given sufficient advance notice that will prevent
conflict with their other responsibilities. The City also agrees to provide Contractor with access to City
records in a reasonable time and manner and to schedule items that require action by the Finance
Committee in a timely manner. The City and Contractor also agree to attend all meetings called by
the City or Contractor to discuss the work under the Contract, and that Contractor may elect to
conduct and record such meetings and shall later distribute prepared minutes of the meeting to the
City.

DISCOVERY OF CONFLICTS, ERRORS, OMISSIONS, AMBIGUITIES, OR DISCREPANCIES. Contractor warrants
that it has examined all contract documents, has brought all conflicts, errors, discrepancies, and
ambiguities to the attention of the City in writing, and has concluded that the City's resolution of each
matter is satisfactory to Contractor. All future questions Contractor may have concerning interpretation
or clarification of this contract shall be submitted in writing to the City within 10 calendar days of their
arising. The writing shall state clearly and in full detail the basis for Contractor's question or position.
The City representative shall render a decision within 15 calendar days. The City’s decision on the
matter is final. Any work affected by a conflict, error, omission, or discrepancy which has been
performed by Contractor prior to having received the City's resolution shall be at Contractor's risk and
expense. At all times, Contractor shall carry on the work under this contract and maintain and
complete work in accordance with the requirements of the contract or determination of the City.
Contractor is responsible for requesting clarification or interpretation and is solely liable for any cost or
expense arising from its failure to do so.

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TERMINATION OF CONTRACT

TERMINATION, ABANDONMENT, OR SUSPENSION AT WILL. [In accordance with 24 CFR 85.44, the City,
in its sole discretion, shall have the right to terminate, abandon, or suspend all or part of the
project and contract at will. If the City chooses to terminate, abandon, or suspend all or part of the
project, it shall provide Contractor 10 day’s written notice of its intent to do so.

If all or part of the project is suspended for more than 90 days, the suspension shall be treated as
a termination at will of all or part of the project and contract.

Upon receipt of notice of termination, abandonment, or suspension at will, Contractor shall:

1. Immediately discontinue work on the date and to the extent specified in the notice.

2. Place no further orders or subcontracts for materials, services, or facilities, other than as may
be necessary or required for completion of such portion of work under the contract that is not
terminated.

3. Immediately make every reasonable effort to obtain cancellation upon terms satisfactory to
the City of all orders or subcontracts to the extent they relate to the performance of work
terminated, abandoned, or suspended under the notice, assign to the City any orders or
subcontracts specified in the notice, and revoke agreements specified in the notice.

4. Not resume work after the effective date of a notice of suspension until receipt of a written
notice from the City to resume performance.

In the event of a termination, abandonment, or suspension at will, Contractor shall receive all
amounts due and not previously paid to Contractor for work satisfactorily completed in accordance
with the contract prior to the date of the notice and compensation for work thereafter completed as
specified in the notice. No amount shall be allowed or paid for anticipated profit on unperformed
services or other unperformed work.

. TERMINATION FOR CAUSE. This agreement may be terminated by the City on 10 calendar day’s
written notice to Contractor in the event of a failure by Contractor to adhere to all the terms and
conditions of the contract or for failure to satisfactorily, in the sole opinion of the City, pursue the
project or to complete work in a timely and professional manner. Contractor shall be given an
‘opportunity for consultation with the City prior to the effective date of the termination. Contractor
may terminate the contract on 10 calendar days written notice if, through no fault of Contractor,
the City fails to pay Contractor for 45 days after the date of approval of any submitted invoice
forms and progress reports.

Upon receipt of notice of termination for cause, Contractor shall:

1. Immediately discontinue work on the date and to the extent specified in the notice.

2. Place no further orders or subcontracts for materials, services, or facilities, other than as may
be necessary or required for completion of such portion of work under the contract that is not
terminated.

3. Immediately make every reasonable effort to obtain cancellation upon terms satisfactory to
the City of all orders or subcontracts to the extent they relate to the performance of work
terminated, abandoned, or suspended under the notice, assign to the City any orders or
subcontracts specified in the notice, and revoke agreements specified in the notice.

4. Not resume work after the effective date of a notice of suspension until receipt of a written
notice from the City to resume performance.

In the event of a termination for cause, Contractor shall receive ail amounts due and not
previously paid to Contractor for work satisfactorily completed in accordance with the contract
prior to the date of the notice, less all previous payments. No amount shall be allowed or paid for

GC - 4 of 14

9.

10.

11.

anticipated profit on unperformed services or other unperformed work. Any such payment may be
adjusted to the extent of any additional costs occasioned to the City by reasons of Contractor's
failure. Contractor shall not be relieved of liability to the City for damages sustained from the
failure, and the City may withhold any payment to the Contractor until such time as the exact
amount of damages due to the City is determined. All claims for payment by the Contractor must
be submitted to the City within 30 days of the effective date of the notice of termination.

lf after termination for the failure of Contractor to adhere to all the terms and conditions of the
contract or for failure to satisfactorily, in the sole opinion of the City, pursue the project or to
complete work in a timely and professional manner, it is determined that Contractor had not so
failed, the termination shall be deemed to have been a termination at will. In that event, the City
shail make an equitable adjustment in the compensation paid to Contractor. The adjustment shall
include a reasonable profit for services or other work performed up to the effective date of
termination less all previous paymenis.

C. GENERAL PROVISIONS FOR TERMINATION. Upon termination of the contract, the City may take over
the work and prosecute it to completion by agreement with another party or otherwise. In the
event Contractor shall cease conducting business, the City shall have the right to solicit
applications for employment from any employee of the Contractor assigned to the performance of
the contract.

Neither party shall be considered in default of the performance of its obligations hereunder to the
extent that performance of such obligations is prevented or delayed by any cause, existing or
future, which is beyond the reasonable control of such party. Delays arising from the actions or
inactions of one or more of Contractor's principals, officers, employees, agents, subContractors,
consultants, vendors, or suppliers are expressly recognized to be within Contractor's control.

DISPUTE RESOLUTION. Any dispute not within the scope of section 7and section 9 shail be resolved
under this paragraph. Either party shall provide to the other party, in writing and with full
documentation to verify and substantiate its decision, its stated position concerning the dispute. No
dispute shall be considered submitted and no dispute shall be valid under this provision unless and
until the submitting party has delivered the written statement of its position and full documentation to
the other party. The parties shall then attempt to resolve the dispute through good faith efforts and
negotiation between the City Representative and a Contractor representative. At all times, Contractor
shall carry on the work under this contract and maintain and complete work in accordance with the
requirements of the contract or determination or direction of the City. If the dispute is not resolved
within 30 days, either party may request that the dispute be submitted to the Community Development
Division Director for final resolution. The decision of the Community Development Division Director
shall be final and binding on the parties. If either party is dissatisfied with the decision of the
Community Development Division Director, that party may immediately terminate the contract under
this paragraph, with Contractor being entitled to compensation for work actually and satisfactorily
performed up to the time of the termination and the City being entitled to all contract materials in
accordance with paragraph 21, and compensation for any additional damages or expenses incurred in
completing the work under the contract, including, without limitation, the costs of-securing the services
of other independent Contractors.

NO DAMAGES FOR DELAY. Apart from a written extension of time, no payment, compensation, or
adjustment of any kind shall be made to Contractor for damages because of hindrances or delays in
the progress of the work from any cause, and Contractor agrees to accept in full satisfaction of such
hindrances and delays any extension of time that the City may provide.

INSURANCE. Contractor shall carry and maintain in effect during the performance of services under
this contract:

General Liability insurance in the amount of $1,000,000 per occurrence; $2,000,000 aggregate
Automobile Liability: $1,000,000 Combined single limit

Workers’ Compensation as required by State of NH

Professional Liability $1,000,000

GC - 5 of 14

Contractor shall mainiain in effect at all times during the performance under this contract all specified
insurance coverage with insurers. None of the requirements as to types and limits to be maintained by
Contractor are intended to and shall not in any manner limit or qualify the liabilities and obligations
assumed by Contractor under this contract. The City of Nashua shall not maintain any insurance on
behalf of Contractor. SubContractors are subject to the same insurance requirements as Contractor
and it shall be the Contractor’s responsibility to ensure compliance of this requirement.

Contractor will provide the City of Nashua with certificates of insurance for coverage as listed below and
endorsements affecting coverage required by the contract within ten calendar days after the City issues
the notice of award. The City of Nashua requires thirty days written notice of cancellation or material
change in coverage. The certificates and endorsements for each insurance policy must be signed by a
person authorized by the insurer and who is licensed by the State of New Hampshire. General Liability,
Employers’ Liability and Auto Liability polices must name the City of Nashua as an additional insured
and reflect on the certificate of insurance. Contractor is responsible for filing updated certificates of

insurance with the City of Nashua’s Risk Management Department during the life of the contract.

"All deductibles and self-insured retentions shall be fully disclosed in the certificate(s) of insurance.

® If aggregate limits of less than $2,000,000 are imposed on bodily injury and property damage,

Contractor must maintain umbrella liability insurance of at least $1,000,000. All aggregates must

be fully disclosed on the required certificate of insurance.
= The specified insurance requirements do not relieve Contractor of its responsibilities or limit the

amount of its liability to the City or other persons, and Contractor is encouraged to purchase such

additional insurance, as it deems necessary.
= The insurance provided herein is primary, and no insurance held or owned by the City of Nashua
shall be called upon to contribute to a loss.

=" Contractor is responsible for and required to remedy all damage or loss to any property, including

property of the City, caused in whole or part by Contractor or anyone employed, directed, or
supervised by Contractor.

12. INDEMNIFICATION. Regardless of the coverage provided by any insurance, Contractor agrees
to indemnify and shall defend and hold harmless the City, its agents, officials, employees and
authorized representatives and their employees from and against any and all suits, causes of action,
legal or administrative proceedings, arbitrations, claims, demands, damages, liabilities, interest,
attorneys’ fees, costs and expenses of any kind or nature in any manner caused, occasioned, or
contributed to in whole or in part by reason of any negligent act, omission, or fault or willful

misconduct, whether active or passive, of Contractor or of anyone acting under its direction or control

or on its behalf in connection with or incidental to the performance of this contract. Contractor's
indemnity, defense and hold harmless obligations, or portions thereof, shall not apply to liability
caused by the sole negligence or willful misconduct of the party indemnified or held harmless.

13. FISCAL CONTINGENCY. All payments under this contract are contingent upon the availability to the City
of the necessary funds. This contract shall terminate and the City's obligations under it shall be
extinguished at the end of any fiscal year in which the City fails to appropriate monies for the ensuing

fiscal year sufficient for the performance of this contract.

Nothing in this contract shall be construed to provide Contractor with a right of payment over any other
entity. Any funds obligated by the City under this contract that are not paid to Contractor shall
automaticaily revert to the City’s discretionary control upon the completion, termination, or cancellation
of the agreement. The City shall not have any obligation to re-award or to provide, in any manner, the
unexpended funds to Contractor. Contractor shall have no claim of any sort to the unexpended funds.

14. COMPENSATION. Review by the City of Contractor's invoice forms and progress reports for payment
will be promptly accomplished by the City. If there is insufficient information, the City may require
Contractor to submit additional information. Uniess the City, in its sole discretion, decides otherwise,

GC - 6 of 14

15.

16.

the City shall pay Contractor in full within 30 days of approval of the submitted invoice forms and
progress reports.

COMPLIANCE WITH APPLICABLE Laws. Contractor, at all times, shall fully and completely comply with
all applicable local, state and federal laws, statutes, regulations, ordinances, orders, or requirements
of any sort in carrying out the obligations of this contract, including, but not limited to, all federal, state,
and local accounting procedures and requirements, all immigration and naturalization laws, and the
Americans With Disabilities Act. Contractor shall, throughout the period services are to be performed
under this contract, monitor for any changes to the applicable laws, statutes, regulations, ordinances,
orders, or requirements, shall promptly notify the City in writing of any changes to the same relating to
or affecting this contract, and shall submit detailed documentation of any effect of the change in terms
of both time and cost of performing the contract.

A. The Contractor agrees to comply with its responsibilities under the requirements of Title 24 of the Code of
Federal Regulations, Part 570 (the Housing and Urban Development regulation concerning Community
Development Block Grants {CDBG}) including subpart K of these regulations, except that (1) the
Contractor does not assume the Grantee's environmental responsibilities described in 24 CFR 570,604
and (2) the Contractor does not assume the Grantee's responsibility for initiating the review process under
the provisions of 24 CFR Part 52. The Contractor also agrees to comply with all other applicable Federal,
state and local laws, regulations, and policies governing the funds provided under this Contract.

NONDISCRIMINATION. Contractor will not discriminate against any employee or applicant for
employment because physical or mental handicap in regard to any position for which the employee or
applicant for employment is qualified. Contractor agrees to take affirmative action to employ, advance
in employment, or to otherwise treat qualified, handicapped individuals without discrimination based
upon physical or mental handicap in all employment practices, including but not limited to the
following: employment, upgrading, demotion, transfer, recruitment, advertising, layoff, 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.

Without limitation of the foregoing, Contractor's attention is directed to 41 C.F.R. § 60-1.4, and the
clause entitled "Equal Opportunity Clause” which, by reference, is incorporated into this contract, to 41
C.F.R. § 60-250 et seq. and the clause entitled "Affirmative Action Obligations of Contractors and
Subcontractor for Disabled Veterans and Veterans of the Vietnam Era," which, by reference, is
incorporated in this contract, and to 41 C.F.R. § 60-471 and the clause entitled "Affirmative Action
Obligations of Contractors and Subcontractors for Handicapped Workers,” which, by this reference, is
incorporated in this contract.

Contractor agrees to assist disadvantaged business enterprises in obtaining business opportunities by
identifying and encouraging disadvantaged suppliers, consultants, and subconsultants to participate to
the extent possible, consistent with their qualification, quality of work, and obligation of Contractor
under this contract.

in connection with the performance of work under this contract, Contractor agrees not to discriminate
against any employee or applicant for employment because of race, creed, color, national origin, sex,
age, or sexual orientation. This agreement includes, but is not 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.

Contractor agrees, if applicable, to insert these provisions in all subcontracts, except for subcontracts
for standard commercial supplies or raw materials. Any violation of any applicable provision by
Contractor shall constitute a material breach of the contract.

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 the Executive Order No. 11246 of September 24, 1965, and shall

GC - 7 of 14