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HomeMy WebLinkAboutContract ProvisionsIFB No. 204189 Attachment B (Applicable to Group 2 only) Revised 5/28/10 via Addendum No. 2 ADDITIONAL CONTRACT PROVISIONS APPLICABLE TO GROUP 2 ONLY 1. Davis Bacon Act overtime provisions. Davis Bacon Act provisions for the payment of wages are also required. rates and payroll reporting forms. Prevailing wage rates are subject to change within the first seven (7) days of bid submittal. II. The following regulations and requirements must be adhered to: 1. Title III of Division B of the Housing and Economic Recovery Act of 2008 ("H.E.R.A.") 2. National Affordable Housing Act 3. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 as amended ("U.R.A.") and implementing regulations at 49 CFR Part 24 4. Lead -Based Paint Poisoning Prevention Act 5. National Environmental Policy Act ("N.E.P.A.") 6. Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u 7. Code of Federal Regulations ("C.F.R."), Title 24, Section 135 8. Davis Bacon Act 9. Inclusion of the following reference in every subcontract issued pursuant to this DEPARTMENT CERTIFICATION: Insofar as it may be applicable, the subcontractor shall comply with the applicable requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u, and the Code of Federal Regulations ("C.F.R."), Title 24, Section 135. 10. Operation in accordance with the Office of Management and Budget ("O.M.B."), O.M.B. Circular A-87 revised, "Cost Principles for State, Local, and Indian Tribal Governments" as applicable. 11. Operation in accordance with C.F.R., Title 24, Part 85, "Uniform Administrative Requirements for Grants and Cooperative Agreements to State, Local and Federally Recognized Indian Tribal Governments," as applicable. 12. Green disposition of demolished building materials and the provision of proof of such green disposition. 13. Agree to enforce the following certifications from all contractors used: a) CERTIFICATION REGARDING LOBBYING; b) CERTIFICATION REGARDING DEPARTMENT, SUSPENSIONS & OTHER RESPONSIBILITY MATTERS PRIMARY COVERED TRANSACTIONS; c) SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a), FLORIDA STATUTES; d) DISABILITY NON-DISCRIMINATION CERTIFICATION; e) DRUG -FREE WORKPLACE CERTIFICATION; f) CERTIFICATE OF SOUND FISCAL MANAGEMENT; g) DECLARATION OF FINANCIAL INTEREST. IFB No. 204189 Attachment B (Applicable to Group 2 only) Revised 5/28/10 via Addendum No. 2 h) SECTION 3 PLAN Please refer to Attachment C for the Certifications Statement that must be completed and submitted with your bid response. III. The following regulations must be adhered to, if applicable: 1. Applicable provisions of C.F.R., Title 24, Part 570 2. 24 CFR 570.606 3. 24 CFR Part 50 4. 24 CFR Part 58 5. 24 CFR 570.502 6. Section 504 of the Rehabilitation Act of 1973, as amended, which prohibits discrimination on the basis of handicap. 7. Title VI of the Civil Rights Act of 1964, as amended, which prohibits discrimination on the basis of race, color, or national origin. 8. Age Discrimination Act of 1975, as amended, which prohibits discrimination on the basis of age. 9. Title VIII of the Civil Rights Act of 1968, as amended 10. Executive Order 11063 which prohibits discrimination in housing on the basis of race, color, religion, sex, or national origin. 11. Executive Order 11246 which requires equal employment opportunity. 12. Energy Policy and Conservation Act (Pub. L. 94-163) which requires mandatory standards and policies relating to energy efficiency. 13. Clean Air Act of 1970 (42 U.S.C. 7401 et. seq.), as amended 14. Federal Water Pollution Control Act (33 U.S.C. 1251), as amended 15. Section 508 of the Clean Water Act (33 U.S.C. 1368) 16. Environmental Protection Agency regulations (40 CFR Part 15) 17. Executive Order 11738. 18. First Source Hiring Agreement Statement: As per Ordinance No. 12271, all Contractors with the City of Miami for goods, services, loans or grants must meet the requirements of the City's First Source Hiring Agreement which fosters participation in the construction and operation of the Project by unemployed, underemployed and other residents of the City of Miami. IV. Conflict of Interest. A. The Contractor is aware of the conflict of interest laws of the City of Miami (Code of the City of Miami, Florida, Chapter 2, Article V), of Miami -Dade City, Florida (Code of Miami -Dade City, Florida, Section 2-11.1), and of the State of Florida (as set forth in Florida Statutes), and agrees that it will fully comply in all respects with the terms thereof and any future amendments. B. The Contractor covenants that no person or entity under its employ presently exercising any functions or responsibilities in connection with this Regulatory Agreement, has any personal financial interests, direct or indirect, with the City. The Contractor further covenants that, in the performance of this Regulatory Agreement, no person or entity having such conflicting interest shall be utilized in respect to the Scope of Work or services provided hereunder. Any such conflict of interest(s) on the part of the Contractor their employees or associated persons or entities shall be disclosed to the City. IFB No. 204189 Attachment B (Applicable to Group 2 only) Revised 5/28/10 via Addendum No. 2 C. The Contractor shall disclose any possible conflicts of interest or apparent improprieties of any party under or in connection with the Legal Requirements, including the standards for procurement. D. The Contractor shall make any such disclosure to the City in writing and immediately upon the Contractor's discovery of such possible conflict. The City's determination regarding the possible conflict of interest shall be binding on all parties. E. The Contractor covenants and affirms that no employee, agent, consultant, elected official or appointed official of the City, exercising any functions or responsibilities in connection with the City's affordable housing programs or this Regulatory Agreement, or who is in a position to participate in the decision - making process or gain inside information regarding City -assisted activities, has any personal financial interest, direct or indirect, in this Regulatory Agreement, the proceeds hereunder, the Project, or the Contractor either for themselves or for those with whom they have family or business ties, during their tenure or for one year thereafter. V. Section 3 Clause. The Owner shall comply, and cause any general contractor, contractors and/or subcontractors (collectively "Contractors"), to comply with the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701u): A. The work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (Section 3.) 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 income persons, particularly persons who are recipients of HUD assistance for housing. B. The parties to this contract agree to comply with HUD's regulations in 24 CFR Part 135, which implement Section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the Part 135 regulations. C. The Contractors shall agree to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or worker's representative of the Contractor's commitments under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. D. The Contractors shall agree to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR Part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause. The Contractors shall not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 135. IFB No. 204189 Attachment B (Applicable to Group 2 only) Revised 5/28/10 via Addendum No. 2 E. The Contractors shall certify that any vacant employment positions, including training positions, that are filled (1) after the Contractors is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR Part 135 require employment opportunities to be directed, were not filed to circumvent the c Contractor's obligations under 24 CFR Part 135. F. Noncompliance with HUD's regulations in 24 CFR Part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. G. With respect to work performed in connection with Section 3 covered Indian housing assistance, Section 7(b) of the Indian Self -Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian -owned Economic Enterprises. Parties to this contract that are subject to the provisions of Section 3 and Section 7(b) agree to comply with Section 3 to the maximum extent feasible, but not in derogation of compliance with Section 7(b). VI. Retention of Records The contractor shall retain all records relevant to the Scope of Work for a period of five (5) years from completion of the work performed.