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CDBG PFI Contract COMMUNITY DEVELOPMENT BLOCK GRANT PFI CONTRACT THIS COMMUNITY DEVELOPMENT BLOCK GRANT PFI CONTRACT (the "Contract") is made and entered in triplicate effective as of October 1 , 2014 ("the Effective Date") , by and between the CITY OF JACKSONVILLE, a Florida municipal corporation in Duval County, Florida (the "City"), and the CITY OF ATLANTIC BEACH, a Florida municipal corporation in Duval County, Florida (the "Recipient") . RECITALS: WHEREAS, the United States Department of Housing and Urban Development ("HUD") awarded the City a Community Development Block Grant ("CDBG") , under Federal Grant Award Nos. B13UC120017 and B14UC120017, and CFDA No. 14.218, which provides for the development, establishment and administration of projects to benefit low and moderate income persons, aid in the elimination of slums and blight or meet an urgent community need; WHEREAS, said grant provides that the City will contract with nonprofit community organizations, to administer and implement the project set forth therein; WHEREAS, it is in the best interest of the City to enter into a special contract with the Recipient to administer a portion of said grant funds; WHEREAS, pursuant to that certain Inter-Local Agreement between the City and the Recipient, as amended, and as approved by Resolution 95-944-A (the "Inter-Local Agreement") , the City is required to disburse CDBG funds to the Recipient up to an annual maximum that is based upon a percentage of the Recipient's population; WHEREAS, pursuant to the appropriation and approval set forth in Ordinance 2013- 597-E and Ordinance 2014-671 -E, the City hereby engages the services of the Recipient to administer and implement a portion of the CDBG funds for the project as more particularly set forth in Attachment "A" (the "Project") ; NOW, THEREFORE, in consideration of the mutual promises and covenants herein , the parties agree as follows: ARTICLE 0 Incorporation by Reference 0. 1 The above stated recitals are accurate, true and correct and , by this reference, are made a part hereof and are incorporated herein. 0.2. Any exhibit or attachment to this Contract that is referenced in this Contract is, by this reference, made a part of this Contract and is incorporated herein . ARTICLE I Supervision 1 . 1 The Recipient agrees to perform the required services for the Project under the general coordination of the City of Jacksonville, Planning and Development Department, Housing and Community Development Division. The City contact and address (for notices) is: Housing and Community Development Division 214 North Hogan Street, 3RD Floor Jacksonville, Florida 32202 Phone: (904) 255-8200 Fax: (904) 255-8280 1 .2 No Warranty by City. Nothing contained in this Contract or any other document attached hereto or contemplated hereby shall constitute or create any duty on or warranty by the City regarding (a) the accuracy or reasonableness of the Recipient's budget, (b) the feasibility or quality of the Construction Documents, if any, (c) the proper application by the Recipient of the Proceeds, (d) the quality or condition of the Projects, including the Improvements, or (e) the competence or qualifications of any third party furnishing services, labor or materials in connection with the construction of the Projects, including the Improvements. The Recipient acknowledges that Recipient has not relied and will not rely upon any experience, awareness or expertise of the City, or the City's Inspector, regarding the aforesaid matters. The Recipient acknowledges that the City's only responsibility under the provisions of this Contract is to pay up to the amount provided for if the Recipient performs the services to the satisfaction of the City. The City shall not be liable to any contractors or subcontractors of the Recipient for payment on any contract or subcontract, and all contractors and subcontractors shall look solely to the Recipient for payment. The Recipient shall include this paragraph 1 .2 in its contracts and any subcontracts to which the Recipient may be a party for performance of the services required hereunder. ARTICLE II Scope of Services 2. 1 The Recipient agrees to perform the services necessary to complete the Project (the "Services") . If any services, functions, or responsibilities not specifically set forth in this Contract are necessary for the proper performance of the Project, then they are deemed implied by and included within the Project. 2.2 In addition to the requirements, limitations and restrictions set forth elsewhere in this Contract, the Recipient shall use the funds in a manner consistent with federal , state and local laws, rules, regulations and policies, amended from time to time, during the term of this Contract, including without limitation , all laws rules, regulations and policies governing CDBG funds, the terms of which are incorporated herein by this reference. The Recipient acknowledges and agrees that it has reviewed , understands and is familiar with all applicable federal, state and local laws, rules, regulations and policies concerning this Contract, and has not relied on the City as to the content or meaning of such laws, rules, regulations or policies. If any of the obligations of this Contract are to be performed by a subcontractor of the Recipient, the Recipient shall incorporate the provisions of this section into the subcontract. Additionally, the Recipient represents and warrants to the City that the Recipient has reviewed, understands, and is familiar with and will comply with the provisions of the City of Atlantic Beach Ethics Code, as codified in Part I , Article XVII , City of Atlantic Beach Charter, and the provisions of the City of Atlantic Beach Purchasing Code, as codified in Chapter 2, of the City of Atlantic Beach Ordinance Code. ARTICLE III Funding 3. 1 The City agrees to pay the Recipient an amount not to exceed $91 ,386.00, which amount is the maximum indebtedness of the City pursuant to this Contract and the only obligation of the City under this Contract. The City makes no warranty as to the sufficiency of the funds for the Project, and the Recipient understands and agrees that whether the City's funds are sufficient to complete the Project, the Recipient's duty under the provisions of this Contract is to complete the Project. 2 3.2 The City shall pay this amount over the period of this Contract commencing on the Effective Date and ending on September 30, 2015, to the Recipient for the Services rendered herein in accordance with the provisions of this Contract. In no event shall the City be required to advance any funds . The Recipient shall expend the funds solely and exclusively for the Project. The Recipient shall not expend or otherwise use any of the funds for any other purpose. 3.3 The method of payment shall be according to the Financial Procedures, as described in Attachment "B". The City shall not be obligated or required to make any disbursements if the Recipient is in breach of this Contract. 3.4 Any unused or residual funds remaining at the termination of this Contract or after completion of the Project shall revert to and belong to the City (including any funds on hand at the time of expiration of funding and any accounts receivable attributable to the use of the funds) ; if any reimbursable funds were distributed to the Recipient, then such funds are to be due and payable on the date of the termination and shall be returned by the Recipient to the City no later than thirty (30) days thereafter. If the Recipient receives or expends any portion of the funds in a manner inconsistent with the terms of this Contract (which shall include any funds reimbursed to the Recipient by the City in error) or any applicable federal, state or local law, rule, regulation or policy, then the Recipient shall upon written demand immediately refund and return all such funds to City. The Recipient shall also reimburse the City for all costs, expenses and fees, including attorneys' fees and court costs, incurred or expended by the City in connection with any collection efforts to recover any funds due to the City pursuant to this Contract. The City may immediately terminate this Contract if funds are improperly spent. 3.5 Funds may be transferred from line item to line item within the line items specified in Attachment "B" only with prior written approval of the City's Housing and Community Development Division , provided that no expenditure shall exceed the maximum indebtedness set forth in section 3. 1 of this Contract. 3.6 The use of funds described in this Contract is subject to the written approval of HUD. 3.7 In addition to the provisions of section 3.4 above, upon termination of this Contract, the Recipient shall transfer to the City any funds on hand at the time of termination and any accounts receivable attributable to the use of the funds. Further, any real property under the Recipients control that was acquired or improved in whole or in part with the funds (including funds provided to the Recipient in the form of a loan) in excess of $25,000 shall either: (i) be used to meet one of the national objectives in 24 CFR §570.208 (formerly 24 CFR §570.901 ) until five (5) years after expiration of the contract, or for such longer period of time as determined to be appropriate by the recipient; or (ii) the Recipient shall pay to the City an amount equal to the current market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for the acquisition of, or improvement to, the property. The payment is program income to the City, and no payment is required after the period of time specified in subsection (i) of this section . 3.8 To the extent applicable, the Recipient's financial management system and accounting procedures shall meet the requirements of 24 CFR 85.20, 24 CFR 570.506, and either: 1 ) OMB Circular A-21 "Cost Principles of Educational Institutions," 2) OMB Circular A-87 "Cost Principles for State, Local and Indian Tribe Governments," or 3) OMB Circular A-122 "Cost Principles for Non-Profit Organizations," and 24 CFR 570.506. 3 ARTICLE IV Reporting 4. 1 By the 10th of every month during the term of this Contract, the Recipient shall provide the City with a report in form and content acceptable to the City showing all activities, including a narrative summary of any progress and a financial statement showing all expenditures appurtenant to the Project. All expenditure of funds shall be made on a unit of service basis or as set forth in the Attachments. An acceptable form of report may be obtained from the City's Housing and Community Development Division . 4.2 The Recipient shall use the report that has been approved by the City, as described in Attachment "C" hereto and made a part hereof. The City shall be permitted to modify this form at any time during the term of this Contract. 4.3 The Recipient's failure to submit monthly reports is grounds either for the City to withhold further payments to the Recipient or termination of this Contract. 4.4 The Recipient shall provide the City with all additional Project information as may be requested by the City from time to time, in form and content acceptable to the City. ARTICLE V Indemnification; Insurance 5. 1 The Recipient is an independent contractor, and not an employee, agent, partner, joint venturer, representative or associate of the City, in conducting the Services set forth in this Contract. Recipient shall be solely responsible for the means, methods, techniques, sequences and procedures used in its performance of this Contract. 5 .2 Indemnification . The Recipient and its subsidiaries (collectively the "Indemnifying Parties") , shall (and shall require all subcontractors of any tier to) hold harmless, indemnify, and defend City and City's members, officers, officials, employees and agents (collectively the "Indemnified Parties") from and against, without limitation , any and all claims, suits, actions, losses, damages, injuries, liabilities, fines, penalties, costs and expenses of whatsoever kind or nature (including , but not limited to, court, investigation and defense costs, and reasonable expert and attorney's fees) , which may be incurred by, charged to or recovered from any of the foregoing Indemnified Parties for: (a) General Tort Liability, for any negligent act, error or omission , recklessness or intentionally wrongful conduct on the part of the Indemnifying Parties that causes injury (whether mental or corporeal) to persons (including death) or damage to property, whether arising out of or incidental to the Indemnifying Parties' performance of the Contract, operations, services or work performed hereunder; and (b) Violation of Laws Liability, arising from or based upon the violation of any federal, state, or municipal laws, statutes, resolutions, rules or regulations, by the Indemnifying Parties or those under their control; and (c) Breach of Representations, Warranties and Obligations, arising directly or indirectly out of any breach of any representation, warranty, covenant or obligation set forth in the Contract or made by the Indemnifying Parties in connection with the Contract or in any certificate, document, writing or other instrument delivered by the Indemnifying Party; and 4 (d) to the extent this Contract contemplates environmental exposures, Environmental Liability, arising from or in connection with any environmental , health and safety liabilities, claims, citations, clean-up or damages whether arising out of or relating to the operation or other activities performed in connection with the Contract; and (e) to the extent this Contract contemplates intellectual property exposures, Intellectual Property Liability, arising directly or indirectly out of any allegation that the Services, any product generated by the Services, or any part of the Services as contemplated in this Contract, constitutes an infringement of any copyright, patent, trade secret or any other intellectual property right. If in any suit or proceeding, the Services, or any product generated by the Services, is held to constitute an infringement and its use is permanently enjoined, the Indemnifying Parties shall, immediately, make every reasonable effort to secure within 60 days for the Indemnified Parties a license authorizing the continued use of the Service or product. If the Indemnifying Parties fail to secure such a license for the Indemnified Parties, then the Indemnifying Parties shall replace the Service or product with a non-infringing Service or product or modify such Service or product in a way satisfactory to the Indemnified Party, so that the Service or product is non-infringing . The scope and terms of the indemnity obligations herein described are separate and apart from , and shall not be limited by any insurance provided pursuant to this Contract or otherwise. Such terms of indemnity shall survive the expiration or termination of this Contract. In the event that any portion of the scope or terms of this indemnity is in derogation of Sections 725.06 or 725.08 of the Florida Statutes, all other terms of this indemnity shall remain in full force and effect and any term which offends Sections 725.06 or 725.08 of the Florida Statutes, may, subject to the sole discretion of the Indemnified Party, be modified to comply with said statutes. If an Indemnified Party exercises its rights under this Contract, the Indemnified Party will (1 ) provide reasonable notice to Indemnifying Parties of the applicable claim or liability, and (2) allow Indemnifying Parties, at their own expense, to participate in the litigation of such claim or liability to protect their interests. 5.2. 1 . No warranty by the City. Nothing contained in this Contract or any other document attached hereto or contemplated hereby shall constitute or create any duty on or warranty by the City regarding : (a) the accuracy or reasonableness of the budget; (b) the feasibility or quality of the Construction Documents, if any, (c) the proper application by the Recipient of the Proceeds; (d) the quality or condition of the Project, including the Improvements; or (e) the competence or qualifications of any third party furnishing services, labor or materials in connection with the construction of the Project, including the Improvements. The Recipient acknowledges that the Recipient has not relied and will not rely upon any experience, awareness or expertise of the City or the City's Inspector regarding the aforesaid matters. 5.3 Without limiting its liability under this Contract, the Recipient shall at all times during the term of this Contract procure prior to commencement of work and maintain at its sole expense during the life of this Contract (and Contractor shall require its subcontractors of any tier, laborers, materialmen and suppliers to provide, as applicable) , insurance of the types and in the limits amounts not less than stated below, and prior to work commencement provide a certificate (with applicable endorsements) on a form that is acceptable to the City's Division of Insurance and Risk Management evidencing the following required coverages to the City: 5 SCHEDULE LIMITS Workers' Compensation Florida Statutory Coverage Employer's Liability $ 100,000 Each Accident (including appropriate Federal Acts) $ 500,000 Disease Policy Limit $ 100,000 Each Employee/Disease The Recipient's insurance shall cover the Recipient, its employees and its subcontractors of any tier to the extent its subcontractors of any tier are not otherwise insured . for those sources of liability which would be covered by the latest edition of the standard Workers' Compensation policy, as filed for use in the State of Florida by the National Council on Compensation Insurance (NCCI) , without any restrictive endorsements other than the Florida Employers Liability Coverage Endorsement (NCCI Form WC 09 03) , those which are required by the State of Florida, or any restrictive NCCI endorsements which, under an NCCI filing, must be attached to the policy (i .e. , mandatory endorsements) . In addition to coverage for the Florida Workers' Compensation Act, where appropriate, coverage is to be included for the Federal Employers' Liability Act and any other applicable federal or state law. Commercial General Liability - (Form CG0001 ) Such insurance shall be no more restrictive than that provided by the most recent version of the standard Commercial General Liability Form (ISO Form CG 00 01 ) as filed for use in the State of Florida without any restrictive endorsements other than those approved by the City's Office of Insurance and Risk Management. The City and the City's members, officials, officers, employees and agents, shall be named in the Commercial General Liability policy as "an additional insured" on forms no more restrictive than the most recent versions of both ISO Form CG 2010 and ISO Form CG 2037. The Recipient shall continue to maintain products/completed operations coverage in the amounts stated below for a period of three (3) years after the final completion of the Work. The General Liability coverage shall be on an occurrence basis all coverages. $2,000,000 General Aggregate $2,000,000 Products/Comp. Ops Aggregate $ 1 ,000,000 Personal/Advertising Injury $1 ,000,000 Each Occurrence Automobile Liability Such insurance shall cover all automobiles, owned, hired or non-owned used in the performance of the Work and be provided on a form no more restrictive than that provided by the most recent version of the standard Business Auto Coverage Form (ISO Form CA 00 01 ) as filed for use in the State of Florida without any restrictive endorsements other than those approved by the City's Office of Insurance and Risk Management. The Automobile Liability coverage shall be on an occurrence basis all coverages. $1 ,000,000 Combined Single Limit (The City and the City's members, officials, officers, employees and agents, shall be named in the Automobile policy as "an additional insured" on forms no more restrictive than the most recent versions of both ISO Form CA2048. Professional Liability 6 To the extent services provided require professional services such as but not limited to real estate developers, contractors, design and engineering , etc. $ 1 ,000,000 per Claim $1 ,000,000 Aggregate (Professional Liability coverage will be provided on an Occurrence Form or a Claims Made Form with a retroactive date to at least the first date of this Contract and with a three year reporting option beyond the annual expiration date of the policy). Pollution Liability $1 ,000,000 per Loss $2,000,000 Annual Aggregate (Contractors Pollution Liability coverage will be required for any Environmental/Pollution related services including but not limited to testing , design , consulting , analysis, or other consulting work, whether self-performed or subcontracted , Contractor will also maintain Contractor's Pollution Liability coverage. Such Coverage will include bodily injury, sickness, and disease, mental anguish or shock sustained by any person, including death ; property damage including physical injury to destruction of tangible property including resulting loss of use thereof, cleanup costs, and the loss of use of tangible property that has not been physically injured or destroyed; defense including costs charges and expenses incurred in the investigation , adjustment or defense of claims for such compensatory damages; coverage for losses caused by pollution conditions that arises from the operations of the contractor including transportation . The City of Jacksonville shall be named as an additional insured.) (Such coverage will name the City and the City's members, officials, employees and agents, as additional insured and include a waiver of subrogation in favor of the City and the City's members , officials, officers, employees and agents.) Pollution Legal Liability $1 ,000,000 per Loss $2,000,000 Aggregate To the extent services provided require the disposal of any hazardous or non-hazardous material off the job site, the disposal site operator must furnish a certificate of insurance for Pollution Legal Liability with coverage for bodily injury and property damage for losses that arise from the facility that is accepting the waste under this contract. (Such coverage will name the City and the City's members, officials, employees and agents as additional insured and include a waiver of subrogation in favor of the City and the City's members, officials, officers, employees and agents.) Umbrella Liability Such insurance shall be on a form acceptable to the City's Office of Insurance and Risk Management. At a minimum , such Umbrella Liability Insurance shall provide liability coverage Excess of Commercial General Liability, Auto Liability and Employer's Liability coverages as described above without any gap. $1 ,000,000 each Occurrence/Agg. To the extent watercraft are utilized in the Work, the Recipient shall purchase and maintain , or cause its subcontractors to purchase and maintain , insurance with limit amounts not less than $5,000,000 per occurrence, and which shall , at a minimum , cover the Recipient and 7 subcontractors of any tier for injuries or damage arising out of the use of all owned , non-owned and hired watercraft. Such coverage will name the City and the City's members, officials, officers, employees and agents. The Recipient shall continue to maintain products/completed operations coverage for a period of three (3) years after the final completion of the project. The minimum limits to be maintained by Contractor (inclusive of any amounts provided by an umbrella or excess policy) for the products/completed operations coverage shall be the amounts shown in the Required Limits of Insurance Form as the each occurrence and Products/Completed Operations Liability aggregate limits shall be in amounts not less than respectively required for the commercial general liability coverage. The Recipient shall be responsible to maintain a Builders Risk policy for all projects with the coverage limit being equal to 100% of completed value of the project. The Builder's Risk policy shall include the SPECIAL FORM/ALL RISK COVERAGES. The Builder's Risk policy shall not be subject to a coinsurance clause. A maximum deductible matrix shall be applicable for coverages and individual projects other than windstorm and hail: Matrix (Completed Value) Project Cost Maximum Deductible 0-$10,000 $ 5,000 $ 10,000-$49,999 $10,000 $50,000-Above $25,000 For windstorm and hail coverage, the maximum deductible applicable shall be 2% of the completed value of the project. Named insured's shall be: the Recipient, Contractor, and the City of Jacksonville, its members, officials, officers, employees and agents. In the event that any part of the work to be performed hereunder shall require the Recipient or its Subcontractors of any tier to enter, cross or work upon or beneath the property, tracks, or right-of-way of a railroad or railroads, the Recipient shall , before commencing any such work, and at its expense, procure and carry liability or protective insurance coverage in such form and amounts as each railroad shall require. The original of such policy shall be delivered to the railroad involved, with copies to the City. The Recipient shall not be permitted to enter upon or perform any work on the railroad's property until such insurance has been furnished to the satisfaction of the railroad. The insurance herein specified is in addition to any other insurance which may be required by the City and shall be kept in effect at all times while work is being performed on or about the property, tracks, or right-of-way of the railroad . All insurance shall be endorsed to provide for a waiver of underwriter's rights of subrogation in favor of the City, its members, officials , officers, employees and agents. Deductible or Self-Insured Retention Provisions. Except as authorized in this Contract, the insurance maintained by the Recipient shall apply on a first dollar basis without application of a self-insurance, deductible or self-insured retention . Except as authorized specifically in this Contract, no self-insurance, deductible, or self-insured retention for any required insurance provided by the Recipient pursuant to this Contract will be allowed. If there is any self- insurance, deductible or self-insured retention for any required insurance, the Recipient shall be responsible for paying on behalf of the City, its members, officials, officers, employees and 8 agents or self-insured retention allowed under this paragraph. The City will not be responsible for any self-insurance, deductibles or self-insured retentions under this Contract. Notwithstanding the prior submission of a Certificate of Insurance, copies of endorsements, or other evidence initially acceptable to the City's Division of Insurance and Risk Management, if requested to do so by the City, the Recipient shall, within thirty (30) days after receipt of a written request from the City, provide the City with a certified , complete copy of the policies of insurance providing the coverage required herein . Recipient's Insurance Additional Remedy. Compliance with the insurance requirements of this Contract shall not limit the liability of the Recipient or its contractors, subcontractors - of any tier, employees, or agent to the City or others. Any remedy provided to the City or the City's members, officials, officers, employees , or agents shall be in addition to and not in lieu of any other remedy available under this Contract or otherwise. Said insurance shall be written by an insurer holding a current certificate of authority pursuant to Chapter 624, Florida Statutes or a company that is declared as an approved Surplus Lines carrier under Chapter 626 Florida Statutes. Such Insurance shall be written by an insurer with an A. M. Best Rating of A-VII or better. Prior to commencing Services, Certificates of Insurance approved by the City's Division of Insurance & Risk Management demonstrating the maintenance of said insurance shall be furnished to the City; provided , however, that with respect to the Property Insurance and/or Builder's Risk, Pollution Legal Liability, Pollution Liability, and Construction Bonds, such certificates of insurance shall be provided by the Recipient and approved by the Risk Management Division prior to the commencement of any construction work required hereunder, all other shall be furnished at contract execution . The Recipient shall provide the City thirty (30) days prior written notice of any change in the above insurance coverage limits or cancellation, including expiration or non-renewal. Anything to the contrary notwithstanding, the liabilities of the Recipient under this Contract shall survive and not be terminated , reduced or otherwise limited by any expiration or termination of insurance coverage. Neither approval nor failure to disapprove insurance furnished by Recipient shall relieve the Recipient or its subcontractors from the responsibility of providing insurance as required by the contract. Depending upon the nature of the Services and accompanying exposures and liabilities, the City may, at its sole option , require additional insurance coverage in the amounts responsive to those liabilities, which may or may not require that the City also be named as an additional insured . The Recipient's and/or subcontractors insurance will be primary and not contributory, any other insurance or self-insurance maintained by the City. Neither approval nor failure to disapprove insurance furnished by the Recipient shall relieve the Recipient from responsibility to provide insurance as required by the contract. Anything to the contrary and notwithstanding, the liabilities of the Recipient under this Contract shall survive and not be terminated, reduced or otherwise limited by any expiration or termination of insurance coverage. ARTICLE VI Contract Period and Termination 6. 1 This Contract shall be effective beginning on the Effective Date and terminating on September 30, 2015 , unless terminated sooner with or without cause, by either party by giving thirty (30) days prior written notice of such cancellation . 9 6.2 The occurrence of any one or more of the following events prior to the expiration of the term of this Contract shall constitute an event of default hereunder: (a) failure to perform or observe any material term , agreement, covenant or condition of this Contract, which default continues for thirty (30) days after written notice thereof (unless a shorter period is set forth elsewhere in this Contract); (b) a violation of any applicable federal , state or local law, rule, regulation or policy with respect to the subject matter hereof; (c) if any representation or warranty contained in this Contract shall be false or misleading in any material respect; (d) the application by the Recipient for, or consent to, the appointment of a receiver, trustee, liquidator or custodian (or similar official) of its or all or a substantial part of its assets, or if any party shall be unable or admit in writing its inability to pay its debts as they mature, make a general assignment for the benefit of creditors, be adjudicated a bankrupt or insolvent, file a voluntary petition in bankruptcy or a petition or answer seeking reorganization or any arrangement with creditors or agrees to take advantage of any insolvency law, file an answer admitting the material allegations of a petition filed against it in any bankruptcy, reorganization or insolvency proceeding or if any corporate action shall be taken by it for any purpose of effecting any of the foregoing, or if any order, judgment or decree shall be entered by a court of competent jurisdiction approving a petition seeking reorganization or appointing a receiver, trustee, liquidator or custodian (or other similar official) of any party hereto or of all or a substantial part of its assets, and such other judgment or decree shall continue unstayed and in effect for a period of thirty (30) consecutive days; or (e) an event of default of the Recipient under any other agreement or transaction between the Recipient and the City. 6.3 If the City terminates this Contract due to an event of default by the Recipient, then the City may exercise all rights and remedies it may have at law or in equity. Failure or delay on the part of the City to notify the Recipient of a default shall not be deemed to be a waiver by the City of said default or of any future default of Recipient. 6.4 Termination shall be effective at the close of business on the 30th day after notice without the necessity of any further notice to Recipient if the breach has not been corrected within the thirty (30) day period. Notice shall be delivered by certified mail , return receipt requested, or by any other means of delivery with proof of delivery. Upon receipt of a notice of termination and , except as otherwise directed, the Recipient shall: i. Cease working under this Contract; ii. Place no further orders or subcontracts related to the performance of the Service, which was terminated; iii . Terminate all orders and subcontracts related to the performance of the Service that was terminated; and iv. Prepare all necessary reports and documents required under the terms of this Contract up to the date of termination , including the final report, without reimbursement for the services rendered in completing said reports beyond the termination date. 6.5 If the Recipient should materially fail to comply with any term of this Contract, suspension or termination may occur in accordance with 24 CFR 84.62, which provisions are incorporated herein by this reference. If funds should fail to be or cease to be provided to the City or appropriated by the City Council, then the City may terminate this Contract and shall reimburse the Recipient for necessary and reasonable payments made by Recipient up to the date of the termination only. 10 ARTICLE VII Uniform Administrative Requirements 7. 1 The Recipient shall comply with the requirements and standards of OMB Circular No. A- 122, "Cost Principles for Non-Profit Organizations", as may be amended from time to time, and with Title 24 Housing and Urban Development, CFR Part 84, "Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-profit Organizations," as may be amended from time to time. 7.2 The Recipient shall maintain Project records (including records of the Recipient's general contractors, subcontractors, materialmen, laborers, and other persons engaged in connection with this Contract) a minimum of five (5) years after the termination or expiration of this Contract (the Recipient is required to retain Project records for four (4) years to comply with program requirements as set forth in 24 CFR 570.503, with exceptions of any litigation or claim as stated in 24 CFR Part 84.53(b)(1 ), and the Recipient is required to maintain Project records for five (5) years to comply with Florida public records laws). The Recipient shall make available to the City, the City's agents, and HUD and permit said parties to examine, inspect, and have access to, at all reasonable times, such Project records. ARTICLE VIII General Provisions 8. 1 The Recipient shall hire an independent certified public accountant to audit the program in accordance with OMB Circular A-133 or any successor OMB Circular as available from time to time; provided, however, the cost and expense of such audit and other reporting required in this Contract shall not be funded from the grant funds provide herein . If a grant specific audit is conducted, it must be submitted to the City no later than 120 days after termination of this Contract. If included in the Recipient's overall organizational audit(s) , then the audit must be submitted no later than 120 days following the end of each fiscal year during which grant funds were expended by the Recipient. 8.2 The Recipient shall abide by the provisions of Section 112.3135, Florida Statutes, as from time to time amended, pertaining to nepotism in its performance under this Contract. 8.3 The Recipient shall abide by Chapter 119, Florida Statutes, and related laws, concerning the Public Records laws as from time to time amended . 8 .4 The Recipient accepts the funds appropriated pursuant to this Contract in accordance with the terms of this Contract and shall abide by the audit requirements of this Contract or by other audit requirements as may be required by the City. 8.5 In addition to the Recipient's responsibility as outlined in Attachment "D" attached hereto to procure Section 3 covered contracts, the Recipient shall adhere to the following City procurement requirements in its procurement of non-Section 3 covered contracts (i.e. , labor, materials, supplies, and equipment solely) , and will maintain written documentation in its records of: • Any purchase up to $2,500 requires 1 written quotation ; n Any purchase over $2,500 to $ 15,000 requires 2 written quotations; • Any purchase over $15,000 to $30,000 requires 3 written quotations; 11 Any purchase over $30,000 to $65,000 requires 4 written quotations; Ei Any purchase over $65,000 requires a formal bid procedure (advertising and sealed bids) ; and any professional design services exceeding S25 , 000 requires a formal bid procedure (advertising and sealed bids) . 8. 6 Upon a recommendation by the City, based on a written justification from the Recipient that a purchase can only be efficiently and effectively made from one proprietary or sole-source, the City may approve the purchase in accordance with the procedures set forth herein without competition or advertisement, but only: (i) after posting prior notice of said purchase on Recipient's website or newspaper for no fewer than seven (7) calendar days; and (ii) if it is specifically found from all of the relevant facts that a proprietary or sole-source purchase is proper under the circumstances. As a prerequisite to obtaining a purchase from a proprietary or sole-source, the Recipient shall be required to provide a memorandum from its Executive Director or President to the City that: 1 . Provides a summary of the scope of goods or services to be provided , identifying each item , component or service being procured and the price being proposed for the same; 2. Provides a detailed justification as to why the requested goods/services can only be efficiently and effectively procured through the recommended proprietary or sole-source provider. For purposes of this section: (i) a "Proprietary Source" procurement shall apply to follow-up goods/services, such as replacement parts or warranty-related or required maintenance services for products and equipment previously purchased by the Recipient, or follow-up or related study services by the same professional that performed the original service, that may only be efficiently and effectively provided from one justifiable source; and (ii) a "Sole-Source" procurement shall apply when there is only one justifiable source, such patented and manufactured products and services offered for sale in noncompetitive market or solely by a manufacturer's authorized dealer; 3. Asserts that the Recipient, prior to justifying the proprietary or sole-source, has researched the availability of the requested goods or services from other sources in applicable markets and has discussed and evaluated the same with the Housing and Community Development Division's appropriate project manager. 4. Attaches (i) a Scope of Goods and/or Services (ii) a Fee and/or Cost Summary; and (iii) a copy of a proposal letter from the proprietary or sole-source provider regarding the scope of goods and/or services and other proposed contract terms and conditions, i .e. price, duration , etc. ARTICLE IX Conflict of Interest 9. 1 In the procurement of labor, supplies, equipment, construction and services by the Recipient or by any contractor or subcontractor of the Recipient, the conflict of interest provisions in 24 CFR 84.42, as may be amended from time to time shall be adhered to, as applicable. 9.2 No person who is an employee, agent, consultant, officer, or elected official or appointed official of the Recipient, or of any designated public agencies, or any contractor or subcontractor of the Recipient and who is receiving CDBG funds or who exercise or have exercises any functions or responsibilities with respect to CDBG activities or who is in a position 12 to participate in a decision-making process or gain inside information with regard to such activities, may obtain a personal or financial interest or benefit from the activity, or have an interest in any contract, subcontract or agreement with respect thereto, or the proceeds thereunder, either for themselves or those with whom they have family or business ties, during their tenure or for one (1 ) year thereafter. 9.3 Upon the written request of the Recipient, the U . S. Department of HUD may grant an exception to the provisions of this Article XI on a case-by-case basis when it determines that such an exception will serve to further the purposes of the HUD program regulations and the effective and efficient administration of the Recipient's program or Project. ARTICLE X (Intentionally Deleted) ARTICLE XI Other Federal Program Requirements 11 . 1 The Recipient shall carry out each activity in compliance with the following applicable Federal laws and regulations: x Pub. L 88-352 — Title VI of the Civil Rights Act of 1964 x Pub. L 90-284 — Title VIII of the Civil Rights Act of 1968 x Executive Order 11063 (as amended by Executive Order 12259) x Section 109 of Title I of the Housing and Community Development Act of 1974 (as amended by 42 U .S.C. 5301 -5320) x Davis-Bacon Act (as amended 40 U .S.C. 276a to a-7) x Contract Work Hours and Safety Standards Act (40 U .S.C. 327 through 333) x National Flood Insurance Program (as set forth in the Florida Disaster Protection Act of 1973) N/A Displacement, Relocation Assistance and Real Property Acquisition (as set forth in 49 CFR Part 24 and 24 CFR Part 42) x Equal Employment Opportunities x Executive Order 11246 (as amended by E. O. 11375 and supplemented by 41 CFR Part 60) x Section 3 of the Housing and Urban Development Act of 1968 (12 U .S.C. 1701u) (Section 3) x Copeland "Anti-Kickback" Act (18 U .S.C. 874 and 40 U.S.C. 276c) x Lead-Based Paint Poisoning Prevention (as set forth in 24 CFR Part 35) 13 x Use of Debarred , Suspended or Ineligible Contractors or Sub-Recipients [in accordance with E.O.s 12549 and 12689, as set forth in 24 CFR Part 29 and 29 CFR 5. 12(a) (1 )} x Nondiscrimination Based on Age or Handicap (as set forth in the Age Discrimination Act of 1975, as amended , and 24 CFR Part 146) Section 504 of the Rehabilitation Act of 1973 x Environmental Protection Agency Regulations — National Environmental Policy of 1969 x Title 24, Code of Federal Regulations, Volume 1 , Part 135 x Byrd Anti-Lobbying amendment (31 USC 1352) 11 .2 This Contract is also governed by the following : A. Section 3 - Title 24, Volume 1, Part 135, Appendix to Part 135(a). The purpose of Section 3 of the Housing and Urban Development Act of 1968 ( 12 U .S.C. 1701u) (Section 3) is to ensure that employment and other economic opportunities generated by certain HUD financial assistance shall , to the greatest extent feasible and consistent with existing federal, state and local laws and regulations, be directed to low- and very low-income persons, particularly those who are recipients of government assistance for housing, and to business concerns which provide economic opportunities to low- and very-low income persons. To the extent applicable, Recipient shall adhere to the provisions of the "HUD Section 3 Requirements and Priority Ranking" attached hereto as Attachment "D", and made a part hereof. B. If the Recipient is or was created by a religious organization , the Recipient agrees that all funds disbursed under this Contract shall be subject to the conditions, restrictions, and limitations of 24 CFR 5. 109 and 24 CFR 92.257. C. The Recipient shall comply with the Federal Funding Accountability and Transparency Act, P. L. 109-282 (the "Act"), including all reporting requirements contained therein. In accordance with the requirements of the Act, the Recipient shall provide City with the following information contemporaneously with the Recipient's execution of this Contract: i. Provide the City with the names and total compensation of the Recipient's five most highly compensated officers if the Recipient in the preceding fiscal year received 80 percent or more of its annual gross revenues in federal awards; and $25,000,000.00 or more in annual gross revenues from federal awards; and the public does not have access to this information about the compensation of the senior executives of the Recipient through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U .S.C. § § 78m(a) , 78o(d)) or section 6104 of the Internal Revenue Code of 1986, as provided in § 2(b)(1 ) of the Act; and ii. Provide the City with the Recipient's entity information, Data Universal Numbering System ("DUNS") number, and Parent DUNS number, if applicable; and iii. Register in the United States Government's Central Contractor Registration System ("CCR") pursuant to the provisions of the Act and provide the City 14 with documentation verifying the same at the time of Recipient's execution of this Contract. Recipient must ensure that such registration remain current and in good standing throughout the term of this Contract. The Recipient further agrees to provide to the City with additional information and documentation throughout the term of this Contract as may be requested by the City to ensure alignment of the Recipient's system and processes to meet the reporting requirements and other requirements of the Act. Notwithstanding any provision in this Contract to the contrary, Recipient's violation of this section shall be cause for immediate suspension of payment to the Recipient of the grant funds provided herein by the City and unilateral cancellation of this Contract by City upon thirty (30) days prior written notice to the Recipient of such cancellation. D. The Recipient shall comply with the Federal Immigration and Naturalization Act. The City shall consider the employment by the Recipient of unauthorized aliens a violation of Section 274A(e) of the Federal Immigration and Naturalization Act. Such violation shall be cause for unilateral cancellation of this Contract upon thirty (30) days prior written notice of such cancellation. ARTICLE XII Representations and Warranties by Recipient Without limiting the representations, warranties and covenants of the Recipient set forth elsewhere in this Contract, as a material inducement for the City to enter into this Contract, Recipient represents and warrants to the City (and unless otherwise specified, such representations, warranties and covenants are true as of the Effective Date and shall continue and be effective during the term of this Contract as if continuously reiterated) that: 12. 1 The Recipient is a Florida municipal corporation duly incorporated and validly existing under the laws of the State of Florida. The Recipient is authorized to conduct business and is in good standing in the State of Florida. The Recipient has full power and authority to execute and deliver this Contract and all documents contemplated hereby, and perform its obligations arising hereunder and thereunder, and that the Recipient's entering into this Contract will not conflict with or result in a breach of any other agreement to which the Recipient is a party. The individual signing on behalf of the Recipient has full power and authority to do so and the Recipient shall deliver to the City promptly upon request all documents reasonably requested by the City to evidence such authority. 12.2 The Recipient is exempt from taxation in certain instances including those provided in the Constitution of the State of Florida (Art. VII , Section 3) , and in Chapters 163, 196, and 212, of the Florida Statutes. 12.3 The making , execution and delivery of this Contract and performance of all obligations hereunder by the Recipient have been duly authorized and approved by the shareholders, members, partners, or Board of Directors (as the case may be) of Recipient. 12.4 When executed by the City, this Contract and all documents contemplated hereby each constitute a legal, valid and binding obligation of the Recipient, enforceable in accordance with their respective terms. 12.5 This Contract and all documents contemplated hereby do not and will not contravene any provision of the governing documents of the Recipient, any judgment, order, decree, writ or injunction to which the Recipient is bound, or any provision of any applicable law or regulation to which the Recipient is bound. 15 12.6 The Recipient and each of its general contractors, subcontractors, materialmen, laborers and other persons performing services relating to the Project hold all necessary licenses, permits and authorizations required by all applicable governmental agencies and authorities as a condition to conduct business in the State of Florida and to work on the Project. The Recipient shall promptly deliver to the City, upon request, all documents reasonably requested by the City to evidence such licenses, permits and authorizations. 12.7 The Recipient has not employed or retained any third party having a relationship with the City to solicit or secure this Contract and has not paid or agreed or promised to pay any such person any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the execution of this Contract. 12.8 The Recipient has not engaged a broker, finder or other similar third party in connection with this Contract that would obligate the City to pay any cost, expense, fee to such broker, finder or other similar third party. 12.9 To the extent that construction of the Project may be required , the Recipient has obtained for the construction of the Project, or will obtain prior to beginning of construction of the Project, all necessary approvals and consents from all governmental or quasi-governmental authorities having jurisdiction over the Project, including, but not limited to, street openings or closings, zoning and use and occupancy permits, sewer permits, environmental permits and approvals, building permits, highway occupancy permits, subdivision and land development approvals, and approvals of fire underwriters (collectively, the "Governmental Approvals"), and all Governmental Approvals are or will be final, unappealed , and unappealable, and remain in full force and effect without restriction or modification . 12. 10 No notice of taking by eminent domain or condemnation of any part of the real properties or dwellings contemplated by this Contract has been received , and the Recipient has no knowledge that any such proceeding is contemplated with respect to the Project or the improvements. 12. 11 No part of any real property or dwelling units contemplated by this Contract has been damaged or injured as a result of any fire, explosion , accident, flood, or other casualty that is not now fully restored . 12. 12 Each and every parcel of real property and dwelling unit contemplated by this Contract abuts and has direct access to a legally opened public right-of-way. 12. 13 Electricity, public potable water and public sanitary and storm sewerage facilities and , if shown on the plans and specifications, natural gas service are available at each and every parcel of real property and dwelling unit contemplated by this Contract, or will be available prior to beginning construction, and are of sufficient capacity to service the Project and improvements. 12. 14 All public improvements included as part of the Project and/or improvements have been fully authorized by appropriate municipal ordinance or other required municipal action, or will be so authorized prior to beginning construction. The Recipient is not in default under any agreement with the City, and the Recipient has satisfied all conditions imposed by any governmental authority in connection with the grant of development approval for each and every parcel of real property and dwelling unit contemplated by this Contract. 12. 15 The Recipient has not relied on any warranty by the City regarding (a) the accuracy or reasonableness of the budget, (b) the feasibility or quality of the Construction Documents, (c) the proper application by the Recipient of the Proceeds, (d) the quality or 16 condition of the Projects, including the Improvements, or (e) the competence or qualifications of any third party furnishing services, labor or materials in connection with the construction of the Projects, including the Improvements. The Recipient acknowledges that Recipient has not relied and will not rely upon any experience, awareness or expertise of the City, or the City's Inspector, regarding the aforesaid matters. ARTICLE XIII Miscellaneous 13. 1 This Contract shall not be amended or modified in any way except by an instrument in writing executed by both parties hereto. 13.2 Any notices permitted or required in this Contract shall be in writing and shall be duly delivered and given when personally served, or the next business day after such notice is sent by overnight delivery service by a nationally recognized courier such as Federal Express or UPS with delivery charges paid by the sender, or three (3) business days after such notice is mailed to the person at the address designated herein . If notice is mailed, the same shall be mailed, postage prepaid, in the United States mail by certified or registered mail — return receipt requested. Failure to accept certified or registered mail shall be deemed a receipt thereof within ten (10) days after the first notice of delivery of the certified or registered mail . Any party may change its address as designated herein by giving notice thereof to the other. The address for the City is set forth in Article 1 above, and the address for the Recipient is set forth below its signature. 13.3 TIME IS OF THE ESSENCE in the performance by any party of its obligations hereunder. If time for performances falls upon a Saturday, Sunday, or legal holiday defined so by Florida law, the time for performance shall be the next day which is not a Saturday, Sunday or legal holiday. Saturdays, Sundays and legal holidays shall not be considered business days. 13.4 No waiver of any term of or obligation pursuant to this Contract may occur or be enforced unless it is signed by both parties hereto. The failure or delay by either party in asserting any of its rights or remedies as to any default hereunder shall not constitute a waiver of such default or any other default or of related rights or remedies. 13.5 Except with respect to rights and remedies expressly declared to be exclusive in this Contract, if any, the rights and remedies of the parties hereto are cumulative, and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 13.6 Except as expressly provided to the contrary herein , each section, part, term or provision of this Contract shall be considered severable, and, if for any reason , any section , part, term or provision herein is determined to be invalid, contrary to or in conflict with any rule or regulation by a court or governmental agency having competent jurisdiction , and the unenforceability of the invalid provision does not adversely affect the purpose and intent of this Contract, in the City's sole discretion , the remaining sections, parts, terms or provisions of this Contract shall continue to be given full force and effect. 13.7 This Contract and the rights and obligations of the parties hereto shall inure to the benefit of and be binding upon the parties hereto. This Contract is for the sole and exclusive benefit of the parties hereto, and no third party is intended to or shall have any rights or benefits hereunder. 17 13.8 The Recipient acknowledges consents and agrees that all legal actions or proceedings arising out of or related to this Contract shall lie exclusively in a state or federal court in Duval County, Florida. This Contract shall be governed by, construed and enforced in accordance with the laws of the State of Florida. 13. 9 In conformity with the requirements of Section 126 Part 4, Jacksonville Ordinance Code, the Recipient represents and warrants to the City that the Recipient has adopted and will maintain a policy of nondiscrimination, as defined by such ordinance, throughout the term of this Contract. The Recipient agrees that, on written request, it will permit reasonable access to its records of employment, employment advertisement, application forms and other pertinent data and records for the purpose of investigation to ascertain compliance with the nondiscrimination provisions of this Contract; provided , that the Recipient shall not be required to produce for inspection records covering periods of time more than one (1 ) year prior to the date of this Contract. The Recipient agrees that, if any of the obligations of this Contract are to be performed by a subcontractor, the provisions of subsections (a) and (b) of Section 126.404, Jacksonville Ordinance Code, shall be incorporated into and become a part of the subcontract. 13. 10 The Recipient shall , on request of the City, (a) promptly correct any defect, error or omission in this Contract and any related documents; (b) execute, acknowledge, deliver, procure, record or file such further instruments and do such further acts deemed necessary, desirable or proper by the City to carry out the purposes of this Contract; (c) execute, acknowledge, deliver, procure, file or record any documents or instruments deemed necessary, desirable or proper by the City to protect its rights against the rights or interests of third persons; and (d) provide such certificates, documents, reports, information , affidavits and other instruments and do such further acts deemed necessary, desirable or proper by the City to carry out the purposes of this Contract. 13. 11 Unless otherwise expressly provided herein, in the event of a conflict between any provisions of this Contract and any attachment or exhibit attached to or referenced in this Contract, the provisions of this Contract shall govern to the extent of such conflict. All parties acknowledge and agree that they have had meaningful input into the terms and conditions contained in this Contract. The Recipient acknowledges that it has had ample time to review this Contract and related documents with counsel of its choice. Should any provision of this Contract require judicial interpretation , there shall be no presumption that the terms hereof shall be more strictly construed against either party. 13. 12 Captions and headings in this Contract are for convenience of reference only and shall not affect the construction of this Contract. 13. 13 The parties hereto shall follow the provisions of Section 126. 110, Jacksonville Ordinance Code, with respect to required disclosures by public officials who have or acquire a financial interest in a bid or contract with City, to the extent the parties are aware of the same. No person who is an employee, agent, consultant, officer, or elected official or appointed official of the City, or of any designated public agencies, or contractor or subcontractors which are receiving funds or who exercise or have exercised any functions or responsibilities with respect to the Project or who are in a position to participate in a decision making process or gain inside information with regard to such activities, may obtain a personal or financial interest or benefit from the activity, or have a interest in any contract, subcontract, or agreement with respect thereto, or the proceeds thereunder, either for themselves or those with whom they have family or business ties during their tenure or for one (1 ) year thereafter. In addition , in the procurement of labor, supplies, equipment, construction and services by Recipient or by any general contractor, subcontractor, materialmen , laborer or other persons working on the 18 Project, the conflict of interest provisions of any applicable federal , state or local law, rule, regulation or policy shall be adhered to by the same. 13. 14 All of the Recipient's representations, warranties, indemnities and other covenants set forth herein shall be deemed continuing in nature and shall survive the expiration or early termination of this Contract. 13. 15 Except for contracts awarded pursuant to 40 USC section 3141 , et seq. , the parties are aware and understand that a person or affiliate who has been placed on the State of Florida Convicted Vendor List following a conviction for a public entity crime may not: submit a bid on a contract to provide any goods or services to a public entity; submit a bid on a contract with a public entity for the construction or repair of a public building or public work; submit bids on leases of real property to a public entity; be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; or, transact business with any public entity in excess of $35,000.00 for a period of thirty-six (36) months from the date of being placed on the Convicted Vendor List. 13. 16 This Contract and the rights and obligations herein may not be assigned . 13. 17 Prompt Payment to Subcontractors and Suppliers. (a) Nothing herein shall prohibit the Recipient from disputing, pursuant to the terms hereof, all or any portion of a payment alleged to be due to its subcontractors and suppliers. In the event of such a dispute, Recipient may withhold the disputed portion of any such payment only after the Recipient has provided notice to the City and to the subcontractor or supplier whose payment is in dispute, which notice shall : (i) be in writing ; (ii) state the amount in dispute; (iii) specifically describe the actions required to cure the dispute; and (iv) be delivered to the City and said subcontractor or supplier within (ten) 10 calendar days after the Recipient's receipt of payment from the City. The Recipient shall pay all undisputed amounts due within the time limits imposed by this section . (b) Notwithstanding Chapter 126, Part 6, Jacksonville Ordinance Code, Recipient shall pay all contracts awarded with certified Jacksonville Small and Emerging Business ("JSEB") JSEBs and Minority Business Enterprise ("MBE") MBEs as defined therein their pro-rata share of their earned portion of the progress payments made by the City under the applicable contract within seven (7) business days after Recipient's receipt of payment from the City (less proper retainage) . The pro-rata share shall be based on all work completed, materials, and equipment furnished or services performed by the certified JSEB or MBE at the time of payment. As a condition precedent to progress and final payments to the Recipient, the Recipient shall provide to the City, with its requisition for payment, documentation that sufficiently demonstrates that the Recipient has made proper payments to its certified JSEBs or MBEs from all prior payments that the Recipient has received from City. Recipient shall not unreasonably withhold payments to certified JSEBs if such payments have been made to the Recipient. If the Recipient withholds payment to its certified JSEBs or MBEs, which payment has been made by the City to the Recipient, the Recipient shall return said payment to the City. The Recipient shall provide notice to City and to the certified JSEB or MBE whose payment is in dispute, which notice shall: (i) be in writing; (ii) state the amount in dispute; (iii) specifically describe the actions required to cure the dispute; and (iv) be delivered to the City and said subcontractor or supplier within five (5) calendar days after Recipient's receipt of payment from the City. The Recipient shall pay all undisputed amounts due within the time limits imposed by this section . The failure to pay undisputed amounts to 19 the JSEB or MBE within seven (7) business days shall be deemed a breach of contract, compensable at one percent (1 %) of the outstanding invoice being withheld by the City. Continued failure to adhere to this clause may be cause for termination . (c) The prompt payment requirements hereunder shall, in no way, create any contractual relationship or obligation between the City and any subcontractor, supplier, JSEB, or any third-party or create any City liability for the Recipient's failure to make timely payments hereunder. However, the Recipient's failure to comply with the Prompt Payment requirements shall constitute a material breach of its contractual obligations to the City. As a result of said breach , the City, without waiving any other available remedy it may have against Recipient, may: (i) issue joint checks; and (ii) charge the Recipient a two tenths percent (0.2%) daily late payment interest charge or other charges specified in Chapter 126 of the Code for JSEBs or MBEs and Chapter 218, Florida Statutes, for non- JSEBs or MBEs, whichever greater. 13. 18 The Recipient shall annually attend all training workshops relating to the subject matter hereof as reasonably required by the City. 13. 19. In the provision of the services to be performed by Recipient hereunder, Recipient must comply with any and all applicable Federal, State and local laws, rules, regulations and ordinances, as the same exist and may be amended from time to time. Such laws, rules, regulations and ordinances shall include, but are not limited to, Chapter 119, Florida Statutes, (the Florida Public Records Law) and Section 286.011 , Florida Statutes, (the Florida Sunshine Law) . Such laws, rules, regulations and ordinances must also include, but are not limited to obtaining and maintaining all licenses and certifications that are required to perform the Services contemplated in this Contract, in the City of Jacksonville, State of Florida. If any of the obligations of this Contract are to be performed by a subcontractor, the provisions of this Section shall be incorporated into and become a part of the subcontract. 13.20. In conformity with Section 126.305, Ordinance Code: the Recipient understands and agrees that execution of this Contract by the Recipient shall be deemed to be simultaneous execution of truth-in-negotiation certificate under this provision to the same extent as if such certificate had been executed apart from this Contract, such certificate being required by Section 126.305, Ordinance Code, for professional services contracts over fifty thousand dollars. Pursuant to such certificate, the Recipient hereby states that the wage rates and other factual unit costs supporting the compensation hereunder are accurate, complete and current at the time of contracting . Further, the Recipient agrees that the compensation hereunder shall be adjusted to exclude any significant sums where the City determines the contract price was increased due to inaccurate, incomplete or noncurrent wage rates and other factual unit costs , provided that any and all such adjustments shall be made within one (1 ) year following the completion date of this Contract. 13.21 . To the extent that this Contract meets or exceeds the statutory price threshold, of $1 ,000,000.00, the Recipient by execution of this Contract certifies to the City that the Recipient is not listed on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473, Florida Statutes. Pursuant to Section 287. 135, Florida Statutes, the Recipient agrees that the City may terminate this Contract immediately, without penalty, if the Recipient is found to have submitted a false certification or if the Recipient is placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List. 20 13.22. The Recipient and its subcontractors shall maintain all books, documents, papers, accounting records and other evidence pertaining to costs incurred in the work and shall make such materials available at all reasonable times during the period of this Contract and for five (5) years from the date of final payment under this Contract for inspection, copying, or audit by the City. 13.23 This Contract may be executed in any number of counterparts and all of such counterparts taken together shall be deemed to constitute but one instrument. 13.24 This Contract constitutes the entire understanding and agreement between the parties with respect to the subject matter hereof and supersedes all prior negotiations, representations, agreements and understandings, oral or written, between them with respect to such subject matter. To the extent that any provisions of this Contract conflict with the provisions of the Inter-Local Agreement, the Inter-Local Agreement shall control . [The remainder of this page was left blank intentionally by the parties. Signature pages to follow] 21 IN WITNESS WHEREOF, the parties hereto duly execute this Contract as of the day and year first written above. CITY OF ATLANTIC BEACH, a Florida municipal corporation By: Nelson Van Liere as City Manager Dated: RECIPIENT INFORMATION Name: City of Atlantic Beach Contact: Jeremy Hebsch, Building and Zoning Director Address: 800 Seminole Road Atlantic Beach, Florida 32233 Telephone: (904) 234-4285 FAX: (904) 247-5845 Email : jhubsch C coab.us Federal Tax Identification Number: 59-6000267 Data Universal Numbering System (DUNS Number) : 081944514 Central Contractor Registration (CCR Number) : 104S0 [The signature page of the City of Jacksonville shall immediately follow this page.] 22 ATTEST: CITY OF JACKSONVILLE, a Florida municipal corporation By: By: James R. McCain, Jr. Alvin Brown as Mayor As Corporation Secretary Dated : In compliance with Section 24. 103(e) of the Ordinance Code of the City of Jacksonville, I do hereby certify that there is or will be an unexpended, unencumbered and unimpounded balance in the appropriation sufficient to cover the foregoing contract in accordance with the terms and conditions thereof and that provision has been made for the payment of the monies provided therein to be paid . Director of Finance Contract # Account #: PDCD1A1 Project # 005225 Grant #: PDC001 Grant Detail #: 14 Sub-Object: 08301 Amount: $9, 192.00 Project Detail: (Not applicable) Account #: PDCD1A1 / if ! Project # 005225 Grant #: PDC001 Grant Detail #: 15 Sub-Object: 08301 Amount: $82, 194.00 Project Detail: (Not applicable) ifr/iC FORM APPROVED : By: Office of General Counsel G:\Finance & Compliance\Legal\Contracts\2014-2015\Drafts\CDBG—PFI City of Atlantic Beach.doc G:\Gov't Operations\SStockwell\Housing Department\CDBG 14-15\CDBG PFI - City of Atlantic Beach.doc 23 LIST OF CONTRACT ATTACHMENWS AND EXHIBITS Attachment A Scope of Services Attachment A, page 2A Special Requirements Attachment A- 1 CDBG Real Property Use Standards Attachment B, page 1B Financial Procedures - Budget Attachment B, page 2B Budget Line Itemization Attachment B, page 3B Payment Request Form Attachment B , pages 4B-8B Conditions Precedent to City's Disbursements Attachment C Monthly Status Report Attachment D HUD Section 3 Requirements and Priority Ranking 24 ATTACHMENT A Page 1A I. SCOPE OF SERVICES : During the term of this Contract, the Recipient agrees to: A. Maintain documentation that ensures eligibility to low-mod area (LMA) compliance with the National Objective of Community Development Block Grant ("CDBG") program . B. Use CDBG funds to improve drainage and roadway along Francis Avenue, between Dutton Island Road and Donner Road to alleviate flooding issues by improving access to Jordan Park and 4,867 low and moderate income residents. C. Provide notification letters to the residents directly impacted by the project. D. Attain required permits to resolve water issue. E. Follow all Labor Standards, Section 3, and procurement requirements. F. Provide a self-evaluation tool with quantitative and qualitative measurements to demonstrate how the agency will provide a safe and secure environment for low and moderating income families . 25 ATTACHMENT A Page 2A II. SPECIAL REQUIREMENTS A. The Recipient shall include in all advertisements or promotions a statement that whole or partial funding of the project is supplied by the City of Jacksonville, Community Development Block Grant program or wording to that effect. Construction projects shall include a sign indicating that whole or partial funding is supplied by the City of Jacksonville's! Community Development Block Grant program or wording to that effect. Specifications for the sign shall be supplied by the City. B. Adhere to the CDBG Real Property Use Standards contained on Attachment A-1 . C. City of Atlantic Beach Area Improvement project is an eligible Public Facilities and improvement project, under 570.201 (c) . These projects are eligible under 570.208 (a) (1 ) (i) , area benefit for low and moderate income persons; census tract 139.2. block group, 2, 58. 1 % low/mod . D. The following Labor Standards and Section 3 requirements shall be followed for construction contracts covered by these provisions: (Attachment D) Section 3 and Federal Labor Standards contract provisions will be provided to the Recipient by the City. These documents shall be included in the Recipient's bid specifications. 2. Recipient's bid specifications and procurement policy are required reviewed by the City before the project is advertised. 0 Recipient's bid specifications and procurement policy shall be submitted , reviewed and approved by the City of Jacksonville prior to project advertised for solicitation of Request for Proposals (RFP's) . The submittal must be in accordance with federal regulations as indicated in the RFP Project Manual Review Checklist. Recipient(s) must receive an approved RFP Project Manual Review Checklist indicating that the specifications meet all of the specific guidelines for project scope, Section 3 and Davis Bacon wage requirements. 0 All Bid proposals must include the require Section 3 documentation, pricing for labor, materials, profits, overhead, supplies, equipment, permits, feeds (including water/sewer), architecture, engineering and other components necessary for the successful and timely completion of the project. Contractor shall perform all work in accordance with the specifications as outlined in the Request for Proposals (RFP) to include any or all addendums as presented . No material changes or alterations in the description of work or price shall be made outshout a prior written order signed by the architect, / engineer, owner, City of Jacksonville project manager, and contractor. 26 ATTACHMVM ENT A Page 3A 3. Contractors are required to be certified by the City as eligible to participate in Federally-assisted construction projects prior to the contract award. 4. All participating contractors and sub-contractors are required to attend a pre- construction meeting during which they will be advised of their obligations to comply with the statutes and regulations that govern the use of Federal funds for construction . 5. The Recipient and the prime contractor are required to ensure that all subcontractors submit weekly payrolls. The Recipient shall also maintain weekly payroll records. All payroll records shall be forwarded to the City no later than 7 days after each work week is completed. 6. The Recipient and the prime contractor are required to ensure the Section 3 Clause is included in all subcontracts. G . The Recipient shall include in all audit submissions, a Catalog of Federal Assistance (CFDA) number 14.218, and a Federal Grant Coding numbers B- 13-UC-12-0017 and B-14-UC- 12-0017. Funded agencies using federal sources and required to use these numbers to meet additional audit requirement. 27 ATTACHMENT A-1 Real Property Use Standards Page 4A I . The Recipient shall adhere to the following Real Property Use Standards below: 24 CFR 570.505 Use of Real Property. The standards described in this section apply to real property within the recipient's control which was acquired or improved in whole or in part using CDBG funds in excess of $25,000. These standards shall apply from the date CDBG funds are first spent for the property until five years after closeout of an entitlement recipient's participation in the entitlement CDBG program or, with respect to other recipients, until five years after the close out of the grant from which the assistance to the property was provided . (a) The Recipient may not change the use or planned use of any such property (including the beneficiaries of such use) from that for which the acquisition or improvement was made unless the recipient provides affected citizens with reasonable notice of, and opportunity to comment on , any proposed change, and either: (1 ) The new use of such property qualifies as meeting one of the national objectives in § 570.208 (formerly § 570.901 ) and is not a building for the general conduct of government; or (2) The requirements in paragraph (b) of this section are met. (b) If the Recipient determines, after consultation with affected citizens, that it is appropriate to change the use of the property to a use which does not qualify under paragraph (a)(1 ) of this section , it may retain or dispose of the property for the changed use if the recipient's CDBG program is reimbursed in the amount of the current fair market value of the property, less any portion of the value attributable to expenditures of non-CDBG funds for acquisition of, and improvements to, the property. (c) If the change of use occurs after closeout, the provisions governing income from the disposition of the real property in § 570.504(b)(4) or (5) , as applicable, shall apply to the use of funds reimbursed. (d) Following the reimbursement of the CDBG program in accordance with paragraph (b) of this section , the property no longer will be subject to any CDBG requirements. II . The above Real Property Use Standards shall survive the termination of this Contract. If the Recipient fails to adhere to the Real Property Use Standards as provided above, the Recipient shall reimburse to the City directly all CDBG funds in connection with this Contract in accordance with the provisions of 24 CFR 570.505(b). 28 ATTACHMENT B Page 1B FINANCIAL PROCEDURES I. BUDGET — The Recipient shall adhere to the following budget in the administration of this Contract. II. Services to Clients Expenditures C. 5. Capital Improvements Consultant/Contract Services: 1 . City of Atlantic Beach Area Neighborhood Infrastructure Improvements: Francis Avenue Drainage and Roadway Improvements Total Capital Improvements $91 ,386.00 III. Supplemental Costs Matching Funds: City of Atlantic Beach Improvements funds $3,704.80 Total Supplemental Costs $3,704.80 Total CDBG Funds $91386.00 Total Project Costs $95,090.80 29 ATTACHMENT B Page 2B LINE ITEMIZATION II. Servicer to Clients Expenditures C. 5. Capital Improvements Consultant/Contract Services: City of Atlantic Area Neighborhood Infrastructure Improvements- Francis Avenue Drainage and Roadway Improvements 1 . 0 Mobilization O Site preparation O Maintenance of traffic O Sodding O Erosion Control & Pollution Abatement O Regular Excavation and Fill O 12" Type Stabilization ® Limerock base O Asphaltic Concrete • Sodding O Curb Inlets O 12" x 18" ERCP O 15" RCP O Inlet, Type C © Curbs and Gutters O Concrete Driveways O Concrete Sidewalks O Detectable Warning Devices Total Capital Improvements $91 ,386.00 Total CDBG Funds $91 ,386.00 30 ATTACHMENT B Page 3B PAYMENT REQUEST FORM Name: City of Atlantic Beach Request # Address: 800 Seminole Road Contract# Atlantic Beach, Florida 32233 Project# 005225 Phone# (904) 243-4285 Date Submitted: 20 Tax ID #: 59-6000267 1 . Contract funds received to date: $ 2. Contract funds disbursed to date: $ 3. Contract funds previously requested but not yet received: $ 4. Amount of this request $ All contract funds must be disbursed within three (3) days of receipt. If line 2 does not equal line 1 , please explain : Amount Amount of Remaining Line Item & Description Budget Received to Date this Request Balance 11.0.5. Consultant/Contract Services: 1 . Area Neighborhood Infrastructure Improvements: Francis Ave Drainage & Roadway Improvements $91 ,386.00 TOTAL $91 ,386.00 Comments: Bank: Account # I certify that the data reported above is correct and the amount of the cash requested does not exceed current needs. Signed: Print Name: Title: 31 ATTACHMENT B Pages 4B — 8B Conditions Precedent to City's Disbursements I. METHOD OF PAYMENT A. Reimbursement Unless otherwise stated , all Contract funds will be released on a reimbursement basis. The Payment request form set forth above may be submitted no more than monthly and the Recipient may not request disbursement until such time as there is a need for reimbursement of eligible costs. No disbursement shall be made until the operating expenses are incurred and reimbursement requests have been approved by the City of Jacksonville. The time period for the City to process the cash request from submission of the request to availability of a check is approximately ten to fifteen working days. B. Required Documentation Payment requests must be accompanied by closing statements, receipts, cancelled checks, bank statements corresponding with cancelled checks, invoices, written bids, phone quotes and any other reasonable and legible documents to support the expenditure and amount of payment requested as may be deemed appropriate by the City in the City's sole discretion together with any Section 3 documentation required by the City pursuant to Attachment " D" of this Contract. Requests for reimbursement of wages, salaries and fringe benefits must include copies of employee time sheets, demonstrating the number of hours worked per day and per week. Each time sheet must be signed by the employee and his or her supervisor. If a full-time employee is paid partially with CDBG funds, a time distribution sheet reporting the number of hours spent working on CDBG projects and on other non-CDBG projects must be submitted. All requests for reimbursement of salary, wages and fringe benefits must be accompanied by a copy of the paycheck. Payment requests for reimbursement of mileage must be accompanied by a log that identifies the employee, "from" where he or she traveled , "to" location, "number of miles", beginning and ending "odometer readings" and "purpose of trip." The mileage log must be signed by the employee and his or her supervisor. Failure by the Recipient to provide the City with the above required documentation to receive payment under this Contract shall result in a denial of Recipient's payment request and shall constitute a material breach of this Contract. C. Procurement The requirements of Article VIII of this contract outline the required procurement procedures and documentation for purchases. Items not specifically identified in this contract will not be reimbursed with CDBG funds . II. ADDITIONAL PROVISIONS 1 . 1 Maximum Amount. To the extent that construction is involved: Provided that the Recipient has performed all obligations of the Recipient then due and subject to compliance by the Recipient with the terms and conditions of this contract, the City shall make disbursements to the Recipient for the "Direct Costs of the Improvements," up to the maximum amount of the 32 grant funds awarded pursuant to this contract and in accordance with the CDBG regulations. However, in no event shall the City be obligated to make any disbursements in excess of the "Verified Improvements Costs" defined below. For purposes of this contract, the term "Direct Costs" shall mean the direct construction costs actually incurred and paid by Recipient in connection with the construction of the Improvements in accordance with and as itemized in the Budget, and the term "Verified Improvements Costs" shall mean the aggregate amount of the Direct Costs, as certified by the City Inspector pursuant to the terms of this Contract. 1 .2 Deficiency. 1 .2. 1 Deficiency as to Improvements Funding . If construction is involved and for any reason the City determines, in its sole discretion , that the actual cost to complete the improvements exceeds the amount of the proceeds then not disbursed, the City may require the Recipient to fund the costs of the improvements without reimbursement or any further disbursements from the City until such deficiency no longer exists. At the City's option , no disbursements shall be made until the Recipient has fully complied with this requirement. 1 .2.2 Deficiency of Project Funding. If construction is involved and for any reason, the City determines, in its sole discretion, that the actual cost to complete the Project exceeds the amount of funding then available to the Recipient, then the City may require the Recipient to fund the costs of the Project without reimbursement or any further disbursements from the City until such deficiency no longer exists. At the City's option, no disbursements shall be made until Recipient has fully complied with this requirement. 1 .3 City Inspector. If construction is involved , the City shall have the right to retain, at the sole cost and expense of Recipient, an inspector to act as a consultant to the City (the "City Inspector") in connection with the grant and the construction of the Projects, to review and advise the City with respect to all matters related to the design , construction, operation and use of the Projects, to monitor the progress of construction , and to review disbursement requests and permitted change orders submitted hereunder. The reasonable fees and expenses of the City Inspector shall be due and payable by Recipient as invoiced. The Recipient shall provide to the City and the City Inspector facilities commonly made available by contractors for the inspection of the Projects and afford full and free access by the City and the City Inspector to all documents requested . Recipient acknowledges that (a) City Inspector has been retained by the City to act as a consultant, and only as a consultant, to City in connection with the construction of the Projects, (b) the City Inspector shall have no power or authority to make any decision or to give any approval or consent or to do anything which is binding upon the City and any such purported decision , approval , consent or act by the City Inspector on behalf of the City shall be void and of no force or effect, (c) City reserves the right to make any and all decisions required to be made by the City under this contract, in its sole and absolute discretion, without, in any instance, being bound or limited in any manner whatsoever by any opinion expressed or not expressed by the City Inspector to the City or to any other person, and (d) the City reserves the right, in its sole and absolute discretion , to replace the individual serving as the City Inspector at any time and without prior notice to or approval by the Recipient. 1 .4 Disbursement Procedures. All disbursements shall be made from time to time upon written application of the Recipient pursuant to a disbursement request. The Recipient shall submit disbursement requests to the City no more frequently than monthly, covering work performed since the prior disbursement request. Each disbursement request shall constitute a representation and warranty by the Recipient to the City that (a) the work performed and the materials supplied as of the date thereof are in accordance with the construction documents, this contract and the budget, (b) the work and materials for which payment is requested have been physically incorporated into the Improvements, (c) the value is as stated, (d) the work and 33 materials conform with all applicable rules and regulations of the public authorities having jurisdiction , (e) payment for the items described in such Disbursement Request has been made by the Recipient (or, at the option of the City, will be made by the City directly to the provider of the service) , (f) such Disbursement Request is consistent with the budget, this Contract, and the Consolidated Plan, and (g) no Event of Default or event which , with the giving of notice or the passage of time, or both, would constitute an Event of Default has occurred and is continuing . For purposes of this contract, the term "Construction Documents" shall mean the Architect's contract, each contractor's contract, all construction , architectural and other design professional contracts and subcontracts, all change orders, all Governmental Approvals, the plans and specifications, and all other drawings, budgets, bonds and agreements relating to the construction of the Projects. 1 .5 Requests for Disbursement. For each request for a disbursement, the Recipient shall submit to the City a completed written disbursement request (each , a "Disbursement Request") on a copy of the Disbursement Request Form provided in Attachment "B", together with a check in the amount of the inspection fee set forth in Section 1 .6 hereof, if required by City. In each Disbursement Request, the Recipient shall certify and describe in detail reasonably acceptable to the City (a) the cost of the labor that has been performed and the materials that have been incorporated into the Improvements, (b) the amount actually paid by Recipient for such labor and materials and (c) the amount that the Recipient is seeking pursuant to the Disbursement Request. The Recipient shall attach to each Disbursement Request such invoices, receipts and other documents required by the City evidencing that the costs and expenses were actually incurred and paid for by the Recipient and were expended on and pertain to the Improvements. 1 .6 Inspection. If construction is involved, upon receiving each Disbursement Request, the City Inspector shall determine (a) whether the work completed as of the date of such Disbursement Request has been done satisfactorily and in accordance with the Construction Documents, this Contract and the budget, (b) the percentage of construction of the Improvements and the Projects completed as of the date of such Disbursement Request, (c) the Direct Costs actually incurred for work in place as part of the Improvements as of the date of such Disbursement Request, (d) the actual sum necessary to complete construction of the Improvements and the Projects in accordance with the Construction Documents, this contract and the budget, and (e) the amount of time from the date of such Disbursement Request that will be required to complete construction of the Improvements and the Projects in accordance with the Construction Documents, this contract and the budget. At the City's option, the Recipient shall pay an inspection fee in the amount of Two Hundred and Fifty Dollars ($250) to the City upon submission of each Disbursement Request to cover the cost of the City Inspector engaged by the City to inspect the progress of the Projects. All inspections by or on behalf of the City shall be solely for the benefit of the City, and the Recipient shall have no right to claim any loss or damage against the City or the City Inspector arising from any alleged (x) negligence in or failure to perform such inspections, (y) failure to monitor Disbursements or the progress or quality of construction or (z) failure to otherwise properly administer the Grant. 1 .7 Conditions to Disbursements. 1 .7. 1 General Conditions. The City shall have no obligation to make any disbursement (a) unless the City is satisfied, in its sole and absolute discretion, that each and every condition precedent to the making of such disbursement has been satisfied or (b) if an Event of Default or an event that with the giving of notice or the passage of time, or both, would constitute an Event of Default, has occurred or is continuing . 34 1 .7.2 Conditions to Initial Disbursement. If construction is involved, the obligation of the City to make the initial disbursement is conditioned upon the occurrence of each of the following: (a) The Recipient shall have provided to the City, in form and substance satisfactory to the City, evidence showing that the income eligible client holds title to the real property upon which the Recipient will construct the Project and Improvements, and the Recipient has caused the execution , recording and delivery of the security documents (prior to recording any Notice of Commencement) ; (b) The Recipient shall have provided to the City, in form and substance satisfactory to the City, evidence that the Recipient has applied for and has obtained, or is pursuing and will obtain , all governmental approvals and consents required for the construction of the Projects; (c) The Recipient shall have provided to the City proof of insurance coverage as required in this Contract; (d) The Recipient shall have submitted to the City a Disbursement Request, along with all other information and documentation required pursuant to Section 1 .5 hereof; (e) The Recipient shall have provided to the City, in form and substance satisfactory to the City, each document, certificate and instrument required from the Recipient under this Contract; (f) The City shall have received a satisfactory inspection report from City Inspector pursuant to Section 1 . 6 hereof; (g) The Recipient shall have provided to the City, in form and substance satisfactory to the City, an updated budget showing the amount of money actually spent by the Recipient on particular items and the remaining costs of the Improvements and the Projects; and (h) The Recipient shall have provided to the City, in form and substance satisfactory to the City, any such other document, instrument, information , agreement or certificate the City may require. 1 .7.3 Subsequent Disbursements. The obligation of the City to make subsequent disbursements is conditioned upon the occurrence of each of the following: (a) The Recipient shall have submitted to the City a Disbursement Request, along with all other information and documentation required pursuant to Section 1 .5 hereof; (b) The Recipient shall have provided to the City, in form and substance satisfactory to the City, each document, certificate and instrument required from the Recipient under this Contract; (c) The City shall have received a satisfactory inspection report from the City Inspector pursuant to Section 1 .6 hereof; (d) The Recipient shall have provided to the City, in form and substance satisfactory to the City, an updated budget showing the amount of money 35 actually spent by the Recipient on particular items and the remaining costs of the Improvements and the Projects and (e) The Recipient shall have provided to the City, in form and substance satisfactory to the City, any such other document, instrument, information , agreement or certificate the City may require. 1 .7.4 Conditions to Final Disbursement. The obligation of the City to make the final disbursement is conditioned upon the occurrence of each of the following : (a) The Recipient shall have completed each of the items set forth in subsection 1 .7.3 hereof; (b) The Recipient shall have provided to the City, in form and substance satisfactory to the City, a final "as-built" survey in compliance with the requirements hereof; (c) The Recipient shall have provided to the City, in form and substance satisfactory to the City, evidence that the Recipient has procured an "all-risk" hazard insurance policy; and (d) The Recipient shall have completed each of the Project' Completion Conditions set forth herein . 1 .8 No Warranty by the City. Nothing contained in this contract or any other document attached hereto or contemplated hereby shall constitute or create any duty on or warranty by the City regarding (a) the accuracy or reasonableness of the budget, (b) the feasibility or quality of the Construction Documents, (c) the proper application by Recipient of the Proceeds, (d) the quality or condition of the Projects, including the Improvements, or (e) the competence or qualifications of any third party furnishing services, labor or materials in connection with the construction of the Projects, including the Improvements. The Recipient acknowledges that the Recipient has not relied and will not rely upon any experience, awareness or expertise of the City, or the City's Inspector, regarding the aforesaid matters. 36 ATTACHMENT C Page 1C MONTHLY STATUS REPORT To: Housing & Community Development Division Contract No. 214 North Hogan Street, 3RD Floor Report No. Jacksonville, Florida 32202 Project No. 005225 Recipient: City of Atlantic Beach Project: Area Neighborhood Infrastructure — Francis Avenue Drainage and Roadway Improvements Report Period: to Date Submitted: Person Filling Out Report: PROGRESS REPORT: Describe progress to date on : A. Maintain documentation that ensures eligibility to low-mod area (LMA) compliance with the national objective of Community Development Block Grant program . B. Use CDBG funds to improve drainage and roadway along Francis Avenue, between Dutton Island Road and Donner Road to alleviate flooding issues by improving access to Jordan Park and 4,867 low and moderate income residents. (Describe construction activities for this month) Current Month % Complete Year-to-Date % Complete C. Provide notification letters to the residents directly impacted by the project. Provide monthly update. D. Attain required permits to resolve water issue. Provide monthly update. E. Follow all Labor Standards, Section 3, and procurement requirements. (Describe this month's activities) Current Month Year-to-Date 37 ATTACHMENT C Page 2C F. Provide a self-evaluation tool with quantitative and qualitative measurements to demonstrate how the agency will provide a safe and secure environment for low and moderating income families. Provide monthly Report. Include copies of meeting notes, brochures, programs, promotional materials or other information pertinent to the contract. HOW FUNDS WERE SPENT: A copy of all canceled checks and bank statements during that report period must be attached to the monthly report to verify the payment of previously submitted invoices and billings. Account for all checks, including any voided checks . SUPPLEMENTARY SUPPORT: Please describe matching and in-kind contributions received during this report period: ADDITIONAL COMMENTS: I certify that to the best of my knowledge the data reported is correct. Signed : Date: Title: 38 ATTACHMENT D HUD Section 3 Requirements and Priority Ranking TABLE OF CONTENTS Attachment D- 1 Overview Attachment D-2 Definitions Attachment D-3 Invitation to Bid Form Attachment D-4 Section 3 RFP/Q Submittal Form Attachment D-5 Evaluation of Section 3 Proposals by Priority Ranking Attachment D-6 Section 3 Business Application — Certification of Business Concerns Seeking Section 3 Preference in Contracting Attachment D-7 Business Employee List Attachment D-8 Section 3 Resident Preference Claim Form Attachment D-9 Sample Economic Opportunities Plan Letter Attachment D- 10 Table A (List of All Subcontractors and Shop Fabricators) Attachment D- 11 Table B (Estimated Project Work Force Utilization Breakdown) Attachment D- 12 Section 3 Clause Attachment D- 13 Appendix to Part 135 Attachment D- 14 Insurance Attachment D- 15 Section 3 Contractors Monthly Report Attachment D- 16 Letter of Intent (to perform as a subcontractor or supplier) Attachment D- 17 Conflict of Interest Disclosure Form Attachment D- 18 Federal Contract Provisions Attachment D- 19 Federal Labor Standards Provisions 39 ATTACHMENT D-1 HUD Section 3 Requirements and Priority Ranking Overview HUD SECTION 3 REQUIREMENTS AND PRIORITY RANKING FEDERAL FUNDING Unless otherwise defined in the Contract or this Attachment D, all capitalized terms or phrases used in this Attachment D shall have the meanings given to them in Attachment D-2 (Definitions). This Project, as more particularly set forth in Attachment D attached hereto, will be funded partly or in total by Section 3 Covered Assistance, which is assistance provided under the U .S. Department of Housing and Urban Development housing or community development program that is expended for work arising in connection with housing rehabilitation , construction, or other public construction project. Therefore, the City, Recipient and any of its contractors and subcontractors must comply with the requirements of Section 3 of the Housing and Urban Development Act of 1968 in administration of the Project. Title 24 CFR Part 135 pertains to Economic Opportunities for Low- and Very-Low Income Persons and provides as follows with respect to Section 3 of the Housing and Urban Development Act of 1968: (a) Section 3. The purpose of Section 3 of the Housing and Urban Development Act of 1968 (12 U .S.0 1701u) (Section 3) is to ensure that employment and other economic opportunities generated by certain HUD financial assistance, shall, to the greatest extent feasible and consistent with existing federal , state and local laws and regulations, be directed to low- and very-low income persons, particularly those who are recipients of government assistance for housing and to business concerns which provide economic opportunities to low- and very-low income persons. (b) Part 135. The purpose of this part is to establish the standards and procedures to be followed to ensure that the objectives of Section 3 are met. By execution of this Contract, the Recipient acknowledges and accepts that the City of Jacksonville is responsible for ensuring that Section 3 requirements will be adhered to by the Recipient during the administration of the Project. The Table of Contents contained in this Attachment D provides a listing of the documents that the City will utilize to ensure compliance by the Recipient with Section 3 requirements as it pertains to the Project. The Recipient shall be responsible for the procurement (which includes without limitation the solicitation, evaluation, and contract award) of all "Section 3 covered contracts" related to the Project. Attachments D-3 through D- 11 , D-14 through D-17 are "Section 3 Bid Documents," as amended from time to time , that shall be utilized by the Recipient in its procurement of any Section 3 covered contracts related to the Project Attachment D-15 is the reporting form that the Recipient shall utilize and submit to the City on a monthly basis. Failure by the Recipient to include this report in Recipient's CDBG Payment Request Form or utilization of the Section 3 Bid Documents in its procurement process shall result in the City's disapproval of the Recipient's payment request or termination of this Contract. Attachment D- 12 is the HUD Section 3 Clause, which must be contained in all Section 3 covered contracts (such as this Contract) and adhered to by the City, the Recipient and its 40 contractors and subcontractors in the administration of the Project. Recipient shall include the HUD Section 3 clause in its contracts between its contractors and subcontractors as applicable. Attachment D-13 is a list of "efforts" approved by HUD to assist recipients, contractors and subcontractors in demonstrating to HUD efforts made to offer training and employment opportunities to Section 3 Residents and award contracts to Section 3 Business Concerns. The efforts listed on Attachment D- 13 are not required by HUD but have been approved to demonstrate compliance with Section 3 requirements. The Recipient shall perform the following efforts to ensure Section 3 compliance as it relates to the Project: • Coordinate notifications related to bidding O Distribute bid packages O Receive bid packages C Rate, rank and respond O Recommend award O Include the Section 3 Clause in all covered contracts related to the project O Ensure submittal of any required supporting documents relating to compliance monitoring Additionally, the Recipient shall cooperate, assist and coordinate with the City regarding obtaining documentation supporting the applicability, compliance and monitoring of its Section 3 covered assistance funded by the City pursuant to this Contract. 41 ATTACHMENT D-2 Definitions DEFINITIONS Applicant - Any entity which makes an application for Section 3 covered assistance, and includes, but is not limited to, any State, unit of local government, public housing agency or other public body, public or private nonprofit organization, private agency or institution, mortgagor, developer, limited dividend sponsor, builder, property manager, community housing development organization, resident management corporation, resident council, or cooperative association. Assistant - the Assistant Secretary for Fair Housing and Equal Opportunity. Business Concern - a business entity formed in accordance with State law, and which is licensed under State, county or municipal law to engage in the type of business activity for which it was formed. Consultant - any entity which contracts to perform work generated the expenditure of Section 3 covered assistance, or for work in connection with a Section 3 covered project. Employment Opportunities Generated by Section 3 Covered Assistance - all employment opportunities generated by the expenditure of Section 3 covered public assistance (i.e. operating assistance, development assistance and modernization assistance, as described in Section 135.3 (a) (1 ) . With respect to Section 3 covered housing and community development assistance, this term means all employment opportunities arising in connection with Section 3 covered projects (as described in Section 135.3 (a) (2)) , including management and administrative jobs. Management and administrative jobs include architectural , engineering or related professional services required to prepare plans, drawings, specifications, or work write-ups; and jobs directly related to administrative support of these activities, (e.g. construction manager, relocation specialist, payroll clerk, etc.) Housing Authority (HA) — Public Housing Agency. Housing Development - low-income housing owned, developed, or operated by public housing agencies in accordance with HUD's public housing program regulations codified in 24 CFR Chapter IX. HUD Youthbuild Programs - programs that receive assistance under subtitle D of Title IV of the National Affordable Housing Act, as amended by the Housing and Community Development Act of 1992 (42 U .S.C. 12899) , and provide disadvantaged youth with opportunities for employment, education, leadership development, and training in the construction or rehabilitation of housing for homeless individuals and members of low- and very low-income families. JTPA - The Job Training Partnership Act (29 U .S.C. 1579 (a)) . Low-income person - families (including single persons) whose incomes do not exceed 80 percent of the median income for the area, as determined by the Secretary of the U .S. Housing and Urban Development, with adjustments for smaller and larger families. However, the Secretary may establish income ceilings higher or lower than 80 percent of the median for the area on the basis of the Secretary's findings that such variations are necessary because of prevailing levels of construction costs or unusually high or low-income families. Metropolitan Area - a metropolitan statistical area (MSA) , as established by the Office of Management and Budget. New Hires - full-time employees for permanent, temporary or seasonal employment opportunities. Recipient - any entity which receives Section 3 covered assistance, directly from HUD or from another recipient and includes, but is not limited to, any State unit of local government, PHA, or other public body, public or private nonprofit organization , private agency or institution, mortgagor, developer, limited dividend sponsor, builder, property manager, community housing development organization, resident management corporation, resident council, or cooperative association. Recipient also includes any successor, assignee or transferee of any such entity, but does not include any ultimate beneficiary under the HUD program to which Section 3 applies and does not include contractors. Section 3 — Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U .S.C. 1701u) . Section 3 Business Concern — a business concern, defined as follows: 1 ) That is 51 percent or more owned by Section 3 resident: or 2) Whose permanent, full-time employees include persons, at least 30 percent of whom are currently Section 3 residents, or within three years of the date of first employment with the business concern were Section 3 residents; or 3) That provides evidence of a commitment to subcontract in excess of 25 percent of the dollar award of all subcontractors to be awarded to business concerns that meet the qualifications set forth in paragraphs 1 or 2 above. Section 3 Covered Assistance — 1 ) public housing development assistance provided pursuant to Section 5 of the 1937 Act; 2) public housing operating assistance provided pursuant to Section 9 of the 1937 Act; 3) public housing modernization assistance provided pursuant to Section 14 of the 1937 Act; 4) assistance provided under any HUD housing or community development program that is expended for work arising in connection with housing rehabilitation, construction , or other public construction project (which includes other buildings or improvements, regardless of ownership) . Section 3 Clause — the contract provisions set forth in Section 135.38. Section 3 RFP/Q — a proposal awarded by a recipient or contractor for work generated by the expenditure of Section 3 covered assistance, or for work arising in connection with a Section 3 covered project. Section 3 Covered Project - applies only to projects in which HUD funding (i.e. , CDBG , HOME, NSP, etc.) is involved. Section 3 Resident — a public housing resident or an individual who resides in the metropolitan area or non-metropolitan county in which the Section 3 covered assistance is expended and who is considered to be a low-to very low-income person. Subcontractor — any entity (other than a person who is an employee of the design firm) which has a contract with a design firm to undertake a portion of the firm's obligation for the performance of work generated by the expenditure of Section 3 covered assistance, or arising in connection with a Section 3 covered project. Very low-income person — families (including single persons) whose income do not exceed 50 percent of the median family income for the area, as determined by the Secretary of HUD with adjustments for smaller and larger families, except that the Secretary may establish income ceilings higher or lower than 50 per centum of median for the area on the basis of the Secretary's findings that such variations are necessary because of unusually high or low family incomes. 43 ATTACHMENT D-3 Invitation to Bid REQUIRED DOCUMENTS CHECKLIST ALL DOCUMENTS MUST BE SUBMITTED IN THE BID PACKAGE AND MUST BE IN THE SAME ORDER AS LISTED BELOW: ❑ Bids submitted in triplicate. ❑ Signed copy of Document Requirements Checklist. ❑ Bid Form. ❑ Bid Bond in the amount of 5% of the bid if the project is over $100,000. ❑ Completed Form W-9 Request for Taxpayer identification Number and Certification. ❑ Proof of Total Staff and Firms Experience Profile. ❑ Description of the firm's organizational structure. ❑ Proof of Experience: Bidders shall submit proof of minimum of 5 years' experience in performing similar projects with emphasis on housing rehabilitation or new construction of single or multi-family projects (list project, contact and year of project). ❑ Qualifications: Bidders shall submit proof that they are currently licensed as a General, Residential or Building Contractor. ❑ A chronological description of the firm's work load and current projects. ❑ Related Building Experience. List the Project(s) that best illustrate the experience of the firm and current staff that are being assigned to the Project(s). List no more than 5 Project(s) and do not list Project(s) completed more than 5 years. ❑ Financial: Bidders shall submit copies of certified financial statements for the past two years; and provide evidence of the firm's financial capability, resources and the necessary working capital to assure financial stability through to the completion of the Project(s). ❑ Proof of Insurance: Bidders shall submit Certificate of Insurance, naming the City of Jacksonville as Certificate Holder, showing the bidder has obtained and will continue to carry Workers Compensation, public and private liability, and property damage insurance during the life of the contract. ❑ Positive References: Bidders shall submit minimum three (3) references, including phone and fax numbers, as well as e- mail addresses, from companies or individuals for whom the bidder has performed work during the past 3 years, of a comparable size and nature as this project. Section 3 Documents: ❑ Section 3 RFP Submittal Form ❑ Section 3 Resident Preference Claim ❑ Table A and Table B ❑ Section 3 Business Application Certification Form ❑ Conflict of Interest ❑ Letters of Intent ❑ Section 3 Economic Opportunities Plan ❑ List of Subcontractors and Shop Fabricators The above requirements have been noted and are understood by the bidder. I understand that failure to submit an item listed above may result in rejection of this bid. SIGNED: PRINT: COMPANY: PHONE: FAX: E-MAIL: DATE: INVITATION TO BID TO GENERAL CONTRACTING FIRMS FOR GENERAL CONTRACTOR SERVICES FIXED FEE - GUARANTEED MAXIMUM PRICE Notice is hereby given that the City of Jacksonville, Housing and Community Development Division (HCDD), will receive sealed bids for the following Project(s): Project(s) Name: Address: I. GENERAL Award will be granted to the lowest responsive, responsible bidder. ALL awards are subject to the availability of funds. If this RFP is for multiple Projects, the term Project(s) is applicable. The minimum qualifications for consideration as a "responsible" bidder are: 1 . Demonstrated capacity to complete the Project(s) on time and within budget. These criteria will be determined by the experience of the Bidder in completing any past Project(s) similar in size and nature, within budget and on time as reported by the owner(s) of the Project(s) listed under Section VII . F. 2. Bidder must demonstrate that it has the staff and resources available to complete the Project(s) on time and within budget as determined from the information provided under Section VII C and D. 3. If the RFP is for more than one project with multiple units, the Bidder must show simultaneous Construction/Rehabilitation and Certificate of Occupancy for a minimum of 4 single family in adjoining or adjacent proximity and/or 2 multi-family rehab or similar (dormitory, condominium , etc.) Construction Project(s) within the last five (5) years. If the RFP is for a single project simultaneous Construction/Rehabilitation is not required. 4. Must have experience in the renovations of building containing both Lead Based Paint (LBP) and asbestos within the last five (5) years. 5. Current State General Contractor License Certification or Registration, as required under Florida Statutes. 6. Must be listed on the City of Jacksonville's pre-qualified contractor's list maintained by the HCDD office or EBO in order to bid for the Project(s). 7. Must demonstrate financial capacity to ensure and complete the Project(s). The firm 's financial capability is to be expressed in the financial statement, and should indicate the resources and the necessary working capital to assure financial stability through to the completion of the Project(s). 8. Must provide evidence of availability in Bidders work schedule as determined from information provided under Section VII F. Failure to document these mandatory thresholds will result in the proposal not being reviewed. There will be a Pre- Bid meeting with the staff of HCDD that will include a Question and Answer session (refer to section III). HCDD reserves the right to accept or reject all proposals, in whole or in part, with or without cause, waive minor irregularities with any proposal, or make an award that is in the best interest of the Project(s). Any award is subject to approval by the HCDD. If there is not a bid proposal that is within the budget for the Project(s), HCDD reserves the right to reject all bids and re-issue the RFP. Submission of a proposal indicates expressed agreement with all terms and conditions included in this RFP. Any person , entity, or representative of any person or entity submitting a proposal in response to this RFP is strictly prohibited from contacting and/or its representative, (other than the designated contact), City of Jacksonville employees or HCDD consultants regarding the contents of this RFP or any proposed Project(s) outside of any scheduled presentation time. II. NOTIFICATION Notification and advertisement for any NSP construction Project(s) is accomplished with a public notice in a locally distributed publication. 45 lip. SELECTION SCHEDULE O RFP Released: , 20 © Pre-Bidders Meeting: , 20 , at (Mandatory) Ed Ball Building, 214 N. Hogan St. Room #851 O Proposal Due: , 20 (Noon). © Bid Opening: , 20_, at 1 :00 p.m . Ed Ball Building, 214 N. Hogan St. Room #851 © Notice of Award: , 20 The property or properties will be available for inspection on the following dates and times: Address Date Time Please contact via email: to confirm attendance at the Site Inspection and/or the Pre-Bidders Meeting. Iv. INQUIRES Any questions concerning this Request for Proposals should be directed to , via email at . All questions pertaining to this RFP must be submitted by p.m . on , 20 . All questions relating to the Construction Documents or RFP format during the Bid Period shall be made via email to , and sent to V. SCOPE OF PROJECT(S) This Project(s) are Single and Multi-Family Rehabilitations located in the zip code. All bid proposals must include pricing for labor, materials, profit, overhead, supplies equipment, permits, fees, engineering and other components necessary for the successful and timely completion of the project. VI . BIDDING DOCUMENTS A. Bidding Documents may be purchased from Florida Blueprint which is located at 542 South Edgewood Avenue, Jacksonville, FL 32205, (904)388-7686 or can be found online at www.Flablueprint.com. Bid packages can be picked up in person at Florida Blueprint or ordered online at www.Flablueprint.com. (Click on "Public Jobs" and then click on "Jacksonville Neighborhood Stabilization Program Projects" From here you can view & order the construction documents. No downloads are authorized.) Bid Packages will cost $20.00, and payment is required prior to receipt of the documents. Payment will be accepted by check only. NO REFUND WILL BE MADE FOR THESE DOCUMENTS. B. Each Bid Proposal shall remain firm and binding for at least 90 days to allow time for evaluation of Bids and contract negotiations. C. Contents of the Bid Proposal of the successful firm (s) will become part of the contractual obligations. VII. REQUIRED SUBMITTALS USED TO EVALUATE FIRMS A. Business Structure (Corporation, Joint Venture, Partnership): Proper incorporation by the Secretary of State and current Florida Professional Registration Certificate for contractor certification. B. Financial Requirements: Evidence of the firm 's financial capability, resources and the necessary working capital to assure financial stability through to the completion of the Project(s). All financial information should be sealed in a separate envelope and will remain confidential. 46 C. Total Staff and Firm 's Experience Profile: This criterion identifies the relative size of the firm , including management, technical, and support staff. D. A description of the firm 's organizational structure, including resumes of the principals and professional staff who would work directly with the Project(s) . E. Current State General Contractor License Certification or Registration, as required under Florida Statutes. F. A chronological description of the Firms work load schedule showing the names and size(s) of any projects which are currently under construction plus any projects estimated to be under construction within six months of the date of this RFP. Include the Projects anticipated start and stop dates plus any percentage of construction completed. G . Related Building Experience: List the Project(s) that best illustrate the experience of the firm and current staff that are being assigned to the Project(s). List no more than 5 Project(s) and do not list Project(s) completed more than 5 years. O Project(s) name and location O The nature of the firm's responsibility on the Project(s) • Project(s) owner's representative name, address and phone number O Project(s) completion date or anticipated completion date • Size of Project(s) (# of buildings, units and gross sq. ft. of construction) O Project(s) construction cost O Renovation experience with buildings containing Asbestos and/or Lead Based Paint within the last five years (must demonstrate at least one). i. Name and location of the Project(s) ii. The nature of the firm 's responsibility on the Project(s) iii. Project(s) owner's representative name, address and phone number iv. Project(s) completion or its anticipated completion date v. Size of Project(s) (gross sq. ft. of construction) vi. Cost of Project(s) (construction cost) H. Provide documentation on agency letterhead signed by authorized company representative stating that the firm either has the required insurance or that the firm is able and upon award of contract shall purchase the required insurance. Please provide name and contact information for all applicable insurance agents. Provide the total estimated firm fee for completion of the Project(s), inclusive of but not limited to all Genera! Conditions, NSP Technical Specifications, staffing, profit and all other related Project(s) cost(s). Provide a completed Section 3 — RFP/Q Submittal, a detailed budget, and an estimated construction schedule for the full scope of work described in the plans and specifications as outlined in the contents of this RFP. Please note that for bidders to achieve full compliance of this RFP additional forms and information are required as outlined here in. Provide other Work. If a Bidder has identified a scope of work not listed in the plans and specifications or in "Proposed Scope of Work" that the Bidder feels is required to complete the Project(s), then the bidder should assume that scope falls within the Bidder's responsibilities. Any work identified as such must be listed and described on the Bid Form under "Other" with estimates of costs provided. Section 3 Requirements: Bidders must submit the following forms with their sealed bids: O Section 3 Proposal Form O Table A (List of all Subcontractors and Ship Fabricators) O Table B (Estimated Project(s) Work Force Utilization Breakdown) O Section 3 Business Application Certification Form (To Be completed by both the Contractor and Sub- contractors) O Conflict of Interest O Letter(s) of Intent O Section 3 Economic Opportunities Plan (Points will be awarded as outlined in section XVI: Evaluation of Section 3 Proposals by Priority Ranking). 47 VIII. BID SUBMISSION A. Bidders must submit their proposals in a sealed opaque envelope and marked "BID FOR (Project(s) Name or Address)" Mailed responses should be submitted in a separate mailing envelope addressed to: Housing and Community Development Division 214 N. Hogan Street, Suite 800 Jacksonville, FL 32202 Attention: B. An original and one copy of the response must be furnished on or before the deadline in a sealed envelope. C. Response must contain a manual signature of an authorized representative of the responding firm . D. Your response must arrive at the address in Item VIII A. no later than , 20 , at 12:00 p.m . E. Responses received after the scheduled receipt time will be marked "TOO LATE" and will be returned unopened to the vendor. F. Bids will be publicly opened, read aloud, and recorded on at the HCDD, 214 N. Hogan Street, Suite 800, Room# 851 , Jacksonville, Florida, 32202 at 1 :00 p.m . G. HCDD nor is liable for any costs incurred by the Bidders prior to the issuance of an executed contract and written notice to proceed. H. Proposals must be legible and or typed. All corrections made by the proposer prior to the opening must be initialed and dated by the proposer. No changes or corrections will be allowed after proposals are opened. IX. DEVIATIONS TO SPECIFICATIONS A. All deviations to the specifications must be noted in detail by the Bidder, in writing, at the time of the submittal of the formal bid. B. Substitute products will be considered when a request is submitted as an attachment to the Bid Form . Substitute products should include technical descriptive data or catalog cuts attached to the original copy of the bid where applicable. Failure to submit the above information may be sufficient grounds for rejection of the bid. C. In requesting of substitutions to Products specified, Bidders shall include in their bid, changes required in the Work, changes to Contract Time, and Contract sum to accommodate such approved substitutions. Later claims by the Bidder for an addition to the Contract Time and Contract sum because of changes in Work necessitated by use of substitutions will not be considered. D. Provide complete information on required revisions to other Work to accommodate each substitution, the value of additions to or reductions from the Bid sum , including revisions to other Work. E. Provide Products as specified unless substitutions are submitted in this manner and subsequently accepted. X. SELECTION PROCESS Award of any contract resulting from this solicitation will be made in accordance with Bid Specifications and HUD regulations. The committee will evaluate all responsive proposals received within the deadline specified in this Bid and will use the following procedure to award bids: A. The Evaluation Committee will consist of a minimum of three persons including, but not limited to, the Developer's designee (if applicable), the City's Section 3 Coordinator and other appropriate HCDD program staff. B. The responsive proposals received within the established deadline, which meet the submission requirements of the Bid, shall be evaluated by the Committee on the basis of the criteria set forth in the Bid. The Committee will evaluate each proposal in a fair and impartial manner, on its own merit. C. The award will be to the lowest, responsive, responsible bidder from among qualified bidders. D. Notification of award will be issued by the HCDD to the accepted Bidder by a written Letter of Intent to Contract. E. If an executed contract with the selected firm is not completed within 15 calendar days of notification of award then HCDD reserves the right to award the Bid to the next lowest responsive, responsible Bidder. F. Bidders desiring a copy of the tabulation sheet and the award recommendation must include a self- addressed, stamped envelope with their bid. Bid results will not be given by telephone. The successful bidder shall be required to comply with all applicable provisions of Section 3 of the Housing and Urban 48 Development Act of 1968, as amended, and the regulations issued pursuant thereto, as set forth in 24 CFR Part 135 Section 2, and all applicable rules, directives and orders issued by HUD there under. Section 3 requires that, to the greatest extent feasible, opportunities for training and employment generated by a Section 3 covered contract be given to public housing residents and other low income persons residing in the metropolitan area, and subcontracts in connection with such contract be awarded to Section 3 covered business concerns which are located in, or owned in substantial part by persons residing in the areas of the Project(s) (For additional information refer the federal regulations). The Committee will evaluate each proposal in a fair and impartial manner, on its own merit. The bid proposals received shall be evaluated by the Committee on the basis of the following criteria: Evaluation and Scoring Matrix Basis Of Award Possible Points Pricing (Lowest Responsible Bid) 50 Section 3 Economic Opportunities Plan (EOP) 5 Section 3 Contracting and Employment Opportunities (Table A & B) - Table A - Preference for Section 3 Business Concerns O Category 1 - Section 3 businesses that provide jobs and training for local 5 residents. O Category 2 — Businesses that provide hiring from identified partnering agencies 2 or other approved apprenticeship or training programs. Ready 4Work; CRC Institute, Clara White Mission, FSCJ or YouthBuild. O Category 3 — Other Section 3 business concerns. 2 - Table B - Preference for Training and/or Employment a Category 1 - Residents in the Service Area or Neighborhood (Residents- those 6 that reside within a 5-mile radius of the covered project). 0 Residents New Hire(s) - 1 .0 Points for each new hire identified. (General Contractors identifying Section 3 residents in their submittals to maximize cumulative points must provide "full-time employment for the duration of the project" as a direct result of the expenditure of Section 3 covered financial assistance as defined in Title 24, Part 135.5). *(Maximum of 10-points) *Contractors can receive a maximum of 10 points to include a combination of training and or hiring or for hiring the maximum of (10) new-hires. 0 Resident Training — 1 .0 Point for each trainee identified. (Maximum of 4-points) 4 O Category 2 — Homeless persons in the service area 2 O Category 3 — Other Section 3 Residents 2 Jacksonville Small and Emerging Business (JSEB) Program - Businesses providing 2 hiring opportunities for residents in the project service area. Experience and Past Performance - Proposers must submit evidence of previous 10 experience with new construction or substantial rehabilitation of residential or commercial properties. Submit names of four (4) references. Financial Capacity — Bidders shall submit copies of certified financial statements for the 10 past two years; and provide evidence of the firm 's financial capability, resources and the necessary working capital to assure financial stability through to the completion of the Project(s). TOTAL 100 *See Section XVII for additional details. 49 Pricing: All bids will be evaluated based on the firm which submits the lowest responsible bid. Price proposal — the Guaranteed Maximum Price will be awarded fifty (50.0) points. Each firm who submitted a higher bid (Price proposal — the Guaranteed Maximum Price) than the lowest bid will be awarded a reduced number of points relative to the ratio of the lowest bid to its higher bid multiplied by 50. Example: If the lowest bid was $10,000.00 and the higher bid was $12,500.00, the firm which submitted the lowest bid would receive 50 points and the firm which submitted the higher bid will be awarded — ($10,000.00/$12,500.00) x 50 = 40 points. Please see Section XVI for additional details pertaining to basis of award. XL CONTRACT TERMS AND REQUIREMENTS The contents of the proposal prepared by a successful firm will become a part of the contract. The selected firm will be required to: O Maintain accurate accounting records and other evidence pertaining to costs incurred in providing services, and upon request, to make such records available to the HCDD at all reasonable times during the contract period and for five (5) years after the date of the final payment to the firms under the contract. o Assume sole responsibility for the complete effort as required by this RFP, and be the sole point of contact with regard to contractual matters. O Refrain from assigning, transferring, conveying, sub-letting, or otherwise disposing of the contracts or its rights, titles, or interest therein or its power to execute such agreement to any other person, firm , partnership, company or corporation without the prior consent and approval in writing from the HCDD. General contractors, subcontractors, material men, laborers and other persons performing services relating to the Project(s) must hold all necessary licenses, permits and authorizations required by all applicable governmental agencies and authorities as a condition to conduct business in the State of Florida and to work on the Project(s). In conformity with the requirements of Section 126 Part 4, Jacksonville Ordinance Code, Recipient represents and warrants to The City of Jacksonville (COJ) that Recipient has adopted and will maintain a policy of nondiscrimination , as defined by such ordinance, throughout the term of this contract. Recipient agrees that, on written request, it will permit reasonable access to its records of employment, employment advertisement, application forms and other pertinent data and records for the purpose of investigation to ascertain compliance with the nondiscrimination provisions of this contract; provided, that Recipient shall not be required to produce for inspection records covering periods of time more than one (1 ) year prior to the date of this contract. Recipient agrees that, if any of the obligations of this contract are to be performed by a subcontractor, the provisions of subsections (a) and (b) of Section 126.404, Jacksonville Ordinance Code, shall be incorporated into and become a part of the subcontract. Agree that it will not engage or continue to employ any contractor, subcontractor or material man or any other third party who may be reasonably objectionable to COJ. If requested by COJ, Recipient shall deliver to COJ a fully executed copy of each of the agreements between Recipient and such third parties and between any such general contractor and any contractor, subcontractor or material man or any other third party, each of which shall be in form and substance reasonably satisfactory to COJ. COJts approval of a construction contract is specifically conditioned upon the following: (a) the total contract price thereof does not exceed the fair and reasonable cost of the work to be performed thereunder and (b) the contractor or subcontractor is of recognized standing in the trade, has a reputation for complying with contractual obligations and is otherwise reasonably acceptable to COJ. COJ reserves the right to terminate any contract entered into as a result of this RFP at any time, provided that written notice has been given to the firm at least thirty (30) days prior to such proposed termination date. All contractor/sub-contractor agreements and all sub-contractor/sub-contractor agreements must include the Section 3 Clause found in Section XV of this RFP. XII. COMPLIANCE REQUIREMENTS COJ will renovate the property with HOME, CDBG or Neighborhood Stabilization Program (NSP) financing; therefore, additional levels of oversight and Project compliance will be required. The successful Bidder must comply with all requirements as set forth by the financing. We strongly suggest each Bidder to review the COJ website to ensure familiarity with Federal requirements. http://www.coj.net/Departments/Housing+and+Neighborhoods/Neighborhood+Stabilization+Program+ (Y028NSFY029+`)/028Stimulus°/029.htm 50 During the performance of the contract, the selected Bidder shall follow the federally-required Employment and Contracting Rules and Neighborhood Standards. The requirements below are nonnegotiable: - Pub. L 88-352 - Title VI of the Civil Rights Act of 1964 • Pub. L. 90-284 - Title VIII of the Civil Rights Act of 1968 • Executive Order 11063 as amended by Executive Order 12259 - Section 109 of the Act • Labor Standards - National Flood Insurance Program • Relocation and Acquisition • Immigration and Naturalization Act • Fair Housing Act • Employment and Contracting Opportunities: 0 Executive Order 11246 (41 CFR Chapter 60) • Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701 u)10 • Lead-Based Paint • Use of Debarred, Suspended or Ineligible Contractors or Sub-Contractors - Displacement - Nondiscrimination Based on Handicap • Section 504 of the Rehabilitation Act of 1973 • Environmental Protection Agency Regulations 0 National Environmental Policy of 1969 • Code of Federal Regulation, Title 24, Volume 1 , Part 135 (Section 3) - Equal Employment Opportunity - Copeland "Anti-Kickback" Act (18 U.S.C. 874 and 40 U.S.C. 276c) • Davis-Bacon Act, as amended (40 U.S.C. 276a to a-7) - Contract Work Hours and Safety Standards Act (40 U.S.C. 327 through 333) • Rights to Inventions Made Under a Contract or Agreement • Clean Air Act (42 U.S.C. 7401 et seq.) • Byrd Anti-Lobbying Amendment (31 U.S.C. 1352) • Debarment and Suspension (E.O.s 12549 and 12689) - Drug-Free Workplace Requirements 51 ATTACHMENT D-4 Section 3 RFP/O Submittal SECTION 3 - RFP/Q SUBMITTAL RFP/Q NUMBER : RFP/Q DATE: TO: City of Jacksonville, Housing and Community Development Division FROM: In accordance with the advertisement inviting Proposals for the Project(s) , subject to the specifications, standard specifications and details, and Addenda thereto, if any, all of which are made a part of this Proposal, the undersigned proposes to construct the specified schedule resulting in a total Bid as follows: TOTAL BASE BID: $ (Numerals) $ (Written) A. PROPOSED SCHEDULE All entries in the entire Proposal must be made clearly in ink. Proposals in which the prices are obviously unbalanced will be rejected. Preference in the award of Section 3 covered contracts are awarded under a sealed bid (RFP/Q) process. Bids will be solicited from both Section 3 and non-Section 3 businesses. Bids will be opened by the City of Jacksonville, Housing and Community Development Division and recorded. All bids will be evaluated by priority ranking according to the Evaluation of Section 3 Proposals by Priority Ranking. The award will be made as outlined in the proposal. In the event of mathematical errors in the extension of prices or in the addition total for any base bid, unit prices will prevail. The corrected base bid will be used to determine the low qualified Bidder. The award of this contract will establish the Contractor and the unit prices which are to be used for the life of the contract. The award will not be made until all necessary investigations have been made as to whether the low bidder is qualified to do the work and has the necessary organization, capitol and equipment to carry out the provisions of the contract. The undersigned Proposer certifies that no officer or agent of the City of Jacksonville or will directly or indirectly benefit from this RFP/Q. The undersigned Proposer states that this Proposal is made in conformity with the Contract Documents, and agrees that in case of any discrepancies or differences between its Proposal and the Contract Documents, the provisions of the latter shall prevail. The undersigned Proposer certifies that it has carefully examined the foregoing Proposal after the same was completed and has verified every item placed thereon; and agrees to indemnify, defend and save harmless the City of Jacksonville or against any cost, damage or expense which may be incurred or caused by any error in the Proposer's preparation of same. The undersigned Proposer agrees to keep its proposal in effect for 120 calendar days after the RFP/Q opening date to allow the City of Jacksonville, time to award, should it be awarded, and time to prepare and execute the contract. This time period begins at the time RFP/Q is closed and ends upon the issuance of Notice to Proceed (NTP) by the City of Jacksonville and . The proposer's prices shall remain in effect throughout the life of the Contract. Failure of HCDD, to issue a NTP within the specified time period shall allow Proposer to withdraw its proposal and terminate its contract without penalty or forfeiture of Bid Bond (if applicable). Failure of HCDD, to issue NTP within the specified time period shall not entitle Proposer to an adjustment of its proposal prices, unless mutually agreeable by the Contractor and HCDD. PRESIDENT NAME OF PROPOSER SECRETARY SIGNATURE AND TITLE TREASURER BUSINESS PHONE/EMERGENCY PHONE BUSINESS ADDRESS CITY, STATE & ZIP 53 ATTACHMENT D-5 Evaluation of Section 3 Proposals by Priority Ranking EVALUATION OF SECTION 3 PROPOSALS BY PRIORITY RANKING : Bids will then be evaluated by the Evaluation Committee consisting of a minimum of three persons, including but not limited to: the Developer's designee (if applicable) , the City's Section 3 Coordinator and other appropriate HCDD program staff. Responsive bids will be priority ranked based on a maximum cumulative points of 100. (50 points for Section 3 participation and 50.0 points based on lowest bid ranking). SECTION 3 EVALUATION CRITERIA: (30.0 — Points) Section 3 Economic Opportunities Plan (EOP) for Low and Very Low Income Residents of the Project(s) area: (1 -5) available points — Five points will be awarded to the Bidder who identifies on company letterhead a specific plan as outlined in the attached Appendix(s) to Part 135 — I. Examples of Efforts to Offer Training and Employment Opportunities to Section 3 Residents and II . Examples of Efforts to Award Contracts to Section 3 Business Concerns and who commit to start and use such a plan on the Project(s) (See Contractor Section 3 Economic Opportunities Plan) Preference for Section 3 Business Concerns/Preference for Training and or employment: (25) available points — Twenty-five points will be awarded to the responsible bidder in our evaluation of Eligible Section 3 Bidders who hire subcontractors and residents from the service area to participate in the Project(s). Residents and contractors must submit evidence that they are a Section 3 resident or business in the Project(s) area or Section 3 Business Concerns as defined in Title 24 Part 135.5 . Tables A & B must be completed and returned with the bid submittal. EXPERIENCE and FINANCIAL CAPACITY: (20.0 — Points) Experience and Past Performance (10) available points — Proposers must submit evidence of previous experience with new construction or substantial rehabilitation of residential or commercial properties. Submit names of four (4) references. Financial Capacity (10) available points — Bidders shall submit copies of certified financial statements for the past two years; and provide evidence of the firm's financial capability, resources and the necessary working capital to assure financial stability through to the completion of the Project(s) . PRICING : (50.0 — Points) All bids will be evaluated based on the firm which submits the lowest bid. The lowest Guaranteed Maximum Price - will be awarded fifty (50.0) points. Each firm who submitted a higher bid (Price proposal — the Guaranteed Maximum Price) than the lowest bid will be awarded a reduced number of points relative to the ratio of the lowest bid to its higher bid multiplied by 50. Example: If the lowest bid was $10,000.00 and the higher bid was $ 12,500.00, the firm which submitted the lowest bid would receive 50 points and the firm which submitted the higher bid will be awarded — ($10,000.00/$ 12,500.00) x 50 = 40 points. The final score will be evaluated In a fair and impartial manner, on its own merit and rated according to the lowest Guaranteed Maximum Price (GMP), Section 3 compliance, experience and financial capacity to determine the lowest responsive responsible bidder. Each firm will be calculated on the sum of points received from pricing (50) , Section 3 awarded points (30) , experience (10) and financial capacity (10) for the maximum cumulative points of 100.0 points. 54 Proposed Bid Amounts When the lowest responsive bid is less than $100,000. 10% of that bid or $9,000 . At least $100,000, but less than $200,000. 9% of that bid, or $ 16,000. At least $200,000, but less than $300,000. 8% of that bid, or $21 ,000. At least $300,000, but less than $400,000. 7% of that bid, or $24,000. At least $400,000, but less than $500,000. 6% of that bid, or $25 ,000. At least $500,000, but less than $1 million. 5% of that bid, or $40,000. At least $1 million, but less than $2 million . 4% of that bid, or $60,000. At least $2 million, but less than $4 million. 3% of that bid, or $80,000. At least $4 million, but less than $7 million. 2% of that bid, or $105 ,000. $7 million or more. 1 1/2 % of the lowest responsive bid, with no dollar limit. If no responsive bid by a Section 3 business concern meets the requirements of this section, the contract shall be awarded to a responsible bidder with the lowest responsive bid. XVII. AWARD OF CONTRACT: Award of any contract resulting from this solicitation will be made in accordance with RFP/Q and HUD regulations and if it is awarded, shall be made to the lowest responsive-responsible Bidder, meeting or exceeding specifications, whose bid is in the best interest of the City of Jacksonville (COJ) . However, until COJ and , issues a Notice to Proceed with a specific start date, COJ nor Wealth Watchers shall not be liable for any expenses incurred by the CONTRACTOR prior to such start date. A. REVISIONS OF PROPOSAL FORM Request for revision of the Bid Proposal Form must be made to the Architect and or Dayatra Coles (should the Project(s) not have an architect) at least ( 10) days prior to date of opening Bids. Revisions to the Bid Proposal by the Bidder will void the bid. B. CONTRACT EXPIRATION DATE The Contract expiration date shall be established as follows: The notice to proceed date plus ten (10) calendar days for mobilization, plus the construction time established in the Proposal, plus time extensions pursuant to valid change orders (which shall establish the design completion date) , plus 120 days to ensure a contract exists beyond the scheduled construction completion date. C. BID CHANGES No changes in the amount of the Bids appearing on the outside of the Bids will be considered. Only the amounts shown on bidding documents inside the envelope will be considered. All changes, corrections and erasures must be initialed by the person signing the bid. D. CONSTRUCTION COMPLETION The Contractor shall begin work within 10 calendar days after issuance of the Notice to Proceed from the Owner to begin work. All work shall be completed within 120 days of Notice to Proceed. 55 E. SUBMITTAL STATEMENT The undersigned Proposer certifies that this proposal is made in good faith, without collusion or connection with any other entity bidding on this work. The undersigned Proposer has examined and read (cover to cover) all Drawings, Specifications, General and Special Conditions, other Contract Documents, and all Addenda thereto; and is acquainted with and fully understands the extent and character of the work covered by this Proposal and the specified requirements, for the proposed work. 56 ATTACHMENT D-6 Certification of Business Concerns Seeking Section 3 Preference in Contracting SECTION 3 BUSINESS APPLICATION CERTIFICATION OF BUSINESS CONCERNS SEEKING SECTION 3 PREFERENCE IN CONTRACTING NAME OF BUSINESS ADDRESS OF BUSINESS CONTACT PERSON TITLE TELEPHONE #: ( ) CELL PHONE #: ( ) APPLICANT MUST PROVIDE EVIDENCE OF SECTION 3 STATUS WITH BID SUBMITTAL: Type of Business Entity: Corporation ❑ Partnership ❑ Sole Proprietorship ❑ Joint Venture ❑ The Proposer certifies that it is a Section 3 Business Concern based on: 1 . Business is owned, at least 51 % by Section 3 Residents, or 2. Whose permanent, full time employees include persons, at least 30 percent of whom are currently Section 3 residents, or within three years of the date of first employment with the business concern were Section 3 residents: O Provide copy of resident lease, evidence of participation in a public assistance or other evidence along with signed Certification for Section 3 Resident Preference Claim from Certification. O Provide business license number O Provide List of Full-time Employees (Business Employee List). O Provide signed Certification for Section 3 Resident Preference Claim Form Certification. 3. Evidence of a commitment to subcontract in excess of 25% of the dollar award of all subcontracts to be awarded to business concerns that meet the qualification set forth in the requirements listed in 1 and 2 in this definition of "section 3 business concern." 0 Provide signed Section 3 Economic Opportunities Plan (Table A) . 0 Section 3 certification Letters of Intent from subcontractors. Contractors currently certified as Section 3 Business Concerns and or JSEB certified please provide a current copy of your certification. Evidence of ability to perform successfully under the terms and conditions of the contract: Bonding capability $ Insurance Coverage $ Owner Signature Date Witness Signature Date Print Print 57 ATTACHMENT D-7 Business Employee List BUSINESS EMPLOYEE LIST COMPANY NAME ADDRESS TELEPHONE # ( ) FAX # ( ) *List all full-time employees of the company. *Proof of program participation is required for all participants of Duval County Public Housing (PH) Section 8 (Sec 8) or other federal assistance (FA) Programs. Date of FT or Section 3 PH, S-8 Employee Name Address Hire PT Trade (yes/no) or FA Legend: FT = Full Time PT = Part Time Sec. 3 = Section 3 Resident S-8 = Section 8 Resident PH = Public Housing Resident FA = Federal Assistance Program Participant TOTAL NUMBER OF EMPLOYEES: SIGNATURE: DATE: TITLE: (Attach additional sheets where needed) ATTACHMENT D-8 Section 3 Resident Preference Claim Form SECTION 3 RESIDENT PREFERENCE CLAIM FORM Eligibility for Preference A Section 3 Resident seeking the preference in training and employment provided by this part shall certify, or submit evidence to the recipient, contractor, or subcontractor, if requested, that the person is a Section 3 Resident, as defined in Section 135.5. I , , am a legal resident of Duval County (NAME) and qualify as a Section 3 Resident because I am a public housing resident or I meet the income guidelines as published at the bottom of this form . I have attached the following documentation as evidence of my status. (Check One) : Driver's License or State ID Proof of public housing residency with current address Copy of Evidence of participation Other Evidence in a public assistance program Name Telephone Address Company Name Project Name Applicant Signature Date Counts by Household or Persons? (H/P) FY 2014 FAMILY INCOME GUIDELINES $66,750 Median Family Income EXTREMELY LOW VERY LOW MODERATE FAMILY SIZE (30% OF MEDIAN) (50% OF MEDIAN) (80% OF MEDIAN) 1 $13,300 $22, 150 $35,400 2 $ 15,200 $25,300 $40,450 _ 3 $ 17, 100 $28,450 $45,500 4 $ 18,950 $31 ,600 $50,550 5 $20,500 $34, 150 $54,600 6 $22,000 $36,700 $58,650 7 $23,850 $39,200 $62,700 8 $25,350 $39,200 $66,750 59 ATTACHMENT 0-8 Sample Economic Opportunities Plan Letter (Date) City of Jacksonville Housing and Community Development Division Planning and Development Department 214 North Hogan Street, 3RD Floor Jacksonville, Florida 32202 City of Jacksonville: Please accept "[Click & Insert Company Name] " , Section 3 Economic Opportunities Plan for the project known as, " [Insert Project Name and address] " " [Click & Insert Company Name] " agrees to utilize, and to implement the following specific steps directed at increasing the utilization of lower income residents and businesses within the Section 3 covered project area(s) for this project as specified in these bid documents. "[Click & Insert Company Name]" , will demonstrate according to Title 24, part 135 compliance with the "greatest extent feasible" requirement of section 3 by meeting the numerical goals set forth in this section for providing training, employment, and contracting opportunities to section 3 residents and section 3 business concerns. " [Click & Insert Company Name]" , will make every effort to meet the numeric goals as set forth in these bid documents; 30- percent hiring goals of section 3 residents, 25-Percent of the dollar award to qualified Section 3 Business Concerns and or a combination of a and b. EFFORTS TO MEET SECTION 3 CONTRACTOR PROJECT INFORMATION: REQUIREMENTS: Identify Contractor designation as a Certified Resident Owner, Resident Employer or Resident Prime. Identify Number of Positions Required for the Project(s). Identify Number of Section 3 Resident hire(s) in the Service Area or Neighborhood Vicinity. (Hires identified within a five-mile radius of the project. Identify Number of Section 3 Resident hire(s) outside of the project vicinity. Identify number of hire(s) for Homeless persons in the service area Identify Number of Section 3 businesses identified in Table A as subcontractors providing jobs and training for local residents. Identify number of Section 3 hire(s) from identified partnering agencies or other approved apprenticeship or training programs. Ready 4Work; CRC Institute, Clara White Mission, FSCJ or YouthBuild. Identify Jacksonville Small and Emerging Business(s) (JSEB) Program - providing hiring opportunities for residents in the project service area. Identify Efforts and number of Training Opportunities provided for Section 3 Residents. Priority consideration shall be given, where feasible, to: 60 (i) Section 3 residents residing in the service area or neighborhood in which the section 3 covered project is located (collectively, referred to as category 1 residents) ; and (ii) Participants in HUD Youthbuild programs (category 2 residents).(iii) Where the section 3 project is assisted under the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11301 et seq.), homeless persons residing in the service area or neighborhood in which the section 3 covered project is located shall be given the highest priority; (iv) other section 3 residents. Contractor will recruit from within City of Jacksonville Metropolitan Statistical Area, (Duval County), lower income residents and Section 3 Business Concerns through: Local advertising media, job fairs, signs placed at the proposed site for the project, and community organizations and public or private institutions operating within or serving the project area. Contractor will make use of available databases and resources such as the City of Jacksonville and Partnering Agencies, (WorkSource, YouthBuild, EmployFlorida, Florida State City of Jacksonville, Operation New Hope, Community Rehabilitation Center, Clara White Mission and Urban League. The contractor agrees to include the 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 the section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The contractor will 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. Contractor to include in this document as referenced in Appendix, Title 24 Part 135 I . Examples of Efforts To Offer Training and Employment Opportunities to Section 3 Residents and II. Examples of Efforts to Award Contracts to Section 3 Business Concerns. The City of Jacksonville will have access to all records, reports, and other documents or items of the contractor and subcontractor that are maintained to demonstrate compliance with the requirements of this project, or that are maintained in accordance with the regulations governing the specific HUD program under which section 3 covered assistance is provided or otherwise made available to the contractor or subcontractor. COMPANY NAME PROJECT NAME PROJECT NUMBER SIGNATURE OF PERSON COMPLETING FORM PRINT NAME DATE 61 0 0 0 a) ® s- Z Z Z =7 N ° ® � E v +6 a 2 U Q _ o_ o < Oct, - - a)—) I— v i c C Co 0 ci C 0 O c 0 z m c o .O _ O (n al Cl) 0 U w V a) �--. c� to >- I V ow 8 M co II O 12 c -6 -6 O O CO o 8 C c) co O O cn 2 .0 O L C 0 .Q ,�Cli -CD CO Q? O o 0 o may= Q Q c = *' C ai O • % .� ; 0 Q — P Q J aii U as0 co co to a) CC g 4- V ca CO JD •0 0 H D o F tfi 0. RI um Q O 1*- _•4= `c) I o— f C a) Cu (.!) x U U) a o ?' ## _co Q co f l o 4 Cn O V Ct LLI ir Et._ m J O I-- in ® Cl OC OU as v_ Cu C C U c -w i O (Y) C 4,, a) Q) ittE 0 C .0 .c ca CD Z E CC N O tij O co E c Q cn E -a o Cu O ._ co E : - z (a) o o C -o CO EJ a) L. 'C3 V a) II CO 0 O O ' .0 = -0 0 C7 E E C co W O O Q Q . a Q C ®( 0 (i) U. Q _ 0 Q) >, 2 *' E O ID O . Q F— cn c u) ° 0 o in O Cu J CO c 2 m ref .- Co _ C II O — C O N (-) W 0 C _O -O C .0 •� a O (/)O cn N 4) o ca IE Y D o o s' C � � U 4- - r It cp w *' to C O a O- - •0 O 0 0 0 O as 0 0 4-s O v E .0 C O C a) ~ 0 C 0 O E it j al N Q) 0 fl O Ct > O a (LS 13 O O I . N c.6 d- 6 ca N.: co a) r 0 Z < — U O • ATTACHMENT D-11 Table B Estimated Project Work Utilization Breakdown TABLE B ESTIMATED PROJECT WORK FORCE UTILIZATION BREAKDOWN Total Estimated No. Positions Number of Positions Occupied by Number of Positions to be Job Category Needed for Permanent Positions Not Filled with Section Project Employees Occupied 3 Resident Officer/Supervisors Professionals Engineering Services Consultants Services Office/Clerical Architectural Services Other Construction Management Services _ _ _ _ _ Program Management Services Apprentices Trainees Others Extended Totals Company Name: Project name: Project Number: Signature of Person Completing Form Print Name Date Section 3 Resident Individual residing within the Section 3 area whose family income does not exceed 80% of the median income in the Metropolitan Statistical Area (MSA) or in the county if not within a MSA in which the Section 3 covered project is located. ATTACHMENT D-12 Section 3 Clause SECTION 3 CLAUSE The Recipient shall be subject to the following clause (referred to as the Section 3 clause): 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 and very 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 Recipient agrees to send to each professional organization or representative of workers with which the Recipient has a collective bargaining agreement or other understanding, if any, a notice advising the organization or worker's representative of the Recipient'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 Recipient agrees 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, upon finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The Recipient will not subcontract with any subcontractor where the Recipient has notice of knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135. E. The Recipient will certify that any vacant employment positions, including training positions, that are filled (1 ) after the Recipient 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 filled to circumvent the Recipient'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 (1 ) 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). 64 ATTACHMENT D-13 Appendix to Part 135 Appendix to Part 135 I. Examples of Efforts to Offer Training and Employment Opportunities to Section 3 Residents (1 ) Entering into "first source" hiring agreements with organizations representing Section 3 residents. (2) Sponsoring a HUD-certified "Step-Up" employment and training program for Section 3 residents. (3) Establishing training programs, which are consistent with the requirements of the Department of Labor, for public and Indian housing residents and other Section 3 residents in the building trade. (4) Advertising the training and employment positions by distributing flyers (which identify positions to be filled, the qualifications required, and where to obtain additional information about the application process) to every occupied dwelling unit in the housing development or developments where category 1 or category 2 persons (as these terms are defined in Sec. 135.34) reside. (5) Advertising the training and employment positions by posting flyers (which identify positions to be filled, the qualifications required, and where to obtain additional information about the application process) in the common areas or other prominent area of the housing development or developments, For HA's post such advertising in the housing development or developments where category 1 or category 2 persons reside; for all other recipients, post such advertising in the housing development or developments and transitional housing in the neighborhood or service area of the Section 3 covered project. (6) Contacting resident councils, resident management corporations or other resident organizations, where they exist, in the housing development or developments where category 1 or category 2 persons reside, and community organizations in HUD-assisted neighborhoods, to request the assistance of these organizations in notifying residents of the training and employment positions to be filled. (7) Sponsoring (scheduling, advertising, financing or providing in-kind services) a job information meeting to be conducted by an HA or contractor representative or representatives at a location in the housing development or developments where category 1 or category 2 persons reside or in the neighborhood or service area of the Section 3 covered project. (8) Arranging assistance in conducting job interviews and completing job applications for residents of housing development or developments where category 1 or category 2 persons reside and in the neighborhood or service area in which a Section 3 project is located. (9) Arranging for a location in the housing development or developments where category 1 persons reside, or the neighborhood or service area of the project, where job applications may be delivered to and collected by a recipient or contractor representative or representatives. (10) Conducting job interviews at the housing development or developments where category 1 or category 2 persons reside, or at a location within the neighborhood o service area of the Section 3 covered project. (11 ) Contacting agencies administering HUD Youthbuild programs, and requesting their assistance in recruiting HUD Youthbuild program participants for the HA's or contractor's training and employment positions. (12) Consulting with State and local agencies administering training programs funded through JTPA or JOBS, probation and parole agencies, unemployment compensation programs, community organizations and other officials or organizations to assist with recruiting Section 3 residents for the HA's or contractor's training and employment positions. (13) Advertising the jobs to be filled though local media, such as community television networks, newspapers of general circulation, and radio advertising. (14) Employing a job coordinator, or contracting with a business concern that is licensed in the field of job placement (preferably one of the Section 3 business concerns identified in part 135), that will undertake, on behalf of the HA, other recipient or contractor, the efforts to match eligible and qualified 65 Section 3 residents with the training and employment positions that the HA or contractor intends to fill. (15) For an HA, employing Section 3 residents directly on either a permanent or a temporary basis to perform work generated by Section 3 assistance. (This type of employment is referred to as "force account labor" in HUD's Indian housing regulations. See 24 CFR 905. 102, and Sec. 905.201 (a)(6).) (16) Where there are more qualified Section 3 residents than there are positions to be filled, maintaining a file of eligible qualified Section 3 residents for future employment positions. (17) Undertaking job counseling, education and related programs in association with local educational institutions. (18) Undertaking such continued job training efforts as may be necessary to ensure the continued employment of Section 3 residents previously hired for employment opportunities. (19) After selection of proposers but prior to execution of contracts, incorporating into the contract a negotiated provision for a specific number of public housing or other Section 3 residents to be trained or employed on the Section 3 covered assistance. (20) Coordinating plans and implementation of economic development (e.g. , job training and preparation, business development assistance for residents) with the planning for housing and community development. II. Examples of Efforts to Award Contracts to Section 3 Business Concerns (1 ) Utilizing procurement procedures for Section 3 business concerns similar to those provided in 24 CFR part 905 for business concerns owned by Native Americans (see Section III of this Appendix). (2) In determining the responsibility of potential contractors, consider their record of Section 3 compliance as evidenced by past action and their current plans for the pending contract. (3) Contacting business assistance agencies, minority contractors associations and community organizations to inform them of contracting opportunities and requesting their assistance in identifying Section 3 businesses which may solicit bids or proposals for contracts for work in connection with Section 3 covered assistance. (4) Advertising contracting opportunities by posting notices, which provide general information about the work to be contracted and where to obtain additional information , in the common areas or other prominent areas of the housing development or developments owned and managed by the HA. (5) For HA's, contacting resident councils, resident management corporations, or other resident organizations, where they exist, and requesting their assistance in identifying category 1 and category 2 business concerns. (6) Providing written notice to all known Section 3 business concerns of the contracting opportunities. This notice should be in sufficient time to allow the Section 3 business concerns to respond to the bid invitations or request for proposals. (7) Following up with Section 3 business concerns that have expressed interest in the contracting opportunities by contacting them to provide additional information on the contracting opportunities. (8) Coordinating pre-bid meetings at which Section 3 business concerns could be informed of upcoming contracting and subcontracting opportunities. (9) Carrying out workshops on contracting procedures and specific contract opportunities in a timely manner so that Section 3 business concerns can take advantage of upcoming contracting opportunities, with such information being made available in languages other than English where appropriate. (10) Advising Section 3 business concerns as to where they may seek assistance to overcome limitations such as inability to obtain bonding, lines of credit, financing, or insurance. (11 ) Arranging solicitations, times for the presentation of bids, quantities, specifications, and delivery schedules in ways to facilitate the participation of Section 3 business concerns. (12) Where appropriate, breaking out contract work items into economically feasible units to facilitate participation by Section 3 business concerns. 66 (13) Contacting agencies administering HUD Youthbuild programs, and notifying these agencies of the contracting opportunities. (14) Advertising the contracting opportunities through trade association papers and newsletters, and through the local media, such as community television networks, newspapers of general circulation, and radio advertising. (15) Developing a list of eligible Section 3 business concerns. (16) For HA's, participating in the "Contracting with Resident-Owned Businesses" program provided under 23 CFR part 963. (17) Establishing or sponsoring programs designed to assist resident of public or Indian housing in the creation and development of resident-owned businesses. (18) Establishing numerical goals (number of awards and dollar amount of contracts) for award of contracts to Section 3 business concerns. (19)Supporting businesses which provide economic opportunities to low income persons by linking them to the support services available through the Small Business Administration (SBA), the Department of Commerce and comparable agencies at the State and local levels. (20) Encouraging financial institutions, in carrying out their responsibilities under the Community Reinvestment Act, to provide no or low interest loans for providing working capital and other financial business needs. (21 ) Actively supporting joint ventures with Section 3 business concerns. (22) Actively supporting the development or maintenance of business incubators which assist Section 3 business concerns. 67 ATTACHMENT D-14 Insurance SCHEDULE LIMITS Workers Compensation Florida Statutory Coverage • Employer's Liability $100,000 Each Accident (including appropriate Federal Acts) O $500,000 Disease Policy Limit O $ 100,000 Each Employee/Disease Commercial General Liability (including premises operations and blanket contractual liability) O $2,000,000 General Aggregate, O $2,000,000 Products/Comp.Ops Agg . O $1 ,000,000 Personal/Advertising Injury O $1 ,000,000 Each Occurrence O $ 50,000 Fire Damage O $ 5,000 Medical Expenses Automobile Liability O $ 1 ,000,000 Combined Single Limit Pollution Liability O $ 1 ,000,000 per occurrence O $2,000,000 aggregate Professional Liability O $1 ,000,000 and the City of Jacksonville shall be named as an additional insured under all of the above Commercial General Liability coverage. Depending upon the nature of any aspect of the Project(s) and its accompanying exposures and liabilities, The City of Jacksonville and/or the Developer may, at its sole option , require an additional insurance coverage in amounts responsive to those liabilities which may or may not require that COJ and other authorized representatives also be named as an additional insured. The successful Bidder will also have responsibility for the purchase of adequate Builder's Risk Insurance for the duration of the construction of the Project(s) in an amount equal to the amount of the Construction Contract for the Project(s) . 68 ATTACHMENT D-15 Section 3 Contractors Monthly Report Form PLANNING & DEVEOPMENT DEPARTMENT-HOUSING AND COMMUNITY DEVELOPMENT DIVISION SECTION 3 CONTRACTOR'S MONTHLY REPORT Section 3 Contractor's Monthly Reporting is required and must be completed and submitted with all monthly pay requests and final payments. Prime Contractor Name: Request # Project Name: Report Period: Total Prime Contract: Date Submitted: Total All Subcontracts: Total Section 3 Subcontracts: Section 3 Percentage (%) Goals Accomplished - Total Section 3 Contracts/Total Prime Contract SECTION 3 EMPLOYMENT AND HIRING MONITORING: Please identify all subcontractors for this project below for purposes of monitoring Section 3 Business Concerns and Businesses who have proposed employment or training of Section 3 residents. Subcontractor/Contractor Section Trade Subcontractor/Contractor Amount Balance Total Total Company Name 3/ Yes or Amount Requested Remaining New Section 3 No Hires New Hires General Contractor Name Y or N GC Subcontractor Name Y or N Hauler Extended Totals *Please attach an additional sheet if required. ATTACHMENT D-16 Letter of Intent LETTER OF INTENT TO PERFORM AS A SUBCONTRACTOR OR SUPPLIER (Name of Minority Subcontractor or a Supplier) NAME OF PROJECT: BID NO.: MINORITY GROUP STATUS: African-American Hispanic, Asian or Native American Woman Business Owner JSEB Section 3 I , the undersigned, understand that the price below is representative of my intent to perform the scope of work stated below. I further understand that this price is subject to increase or decrease due to the City of Jacksonville Construction requirements. All work must meet the Architect's Specifications. Scope of Work* Total Contract Price: $ Signature: Title: Date: Scope of Work and Price are covered under Base Bid only. Where alternate bid items are involved an attachment will be necessary. Total price must be filled in on this form in order for participation to be considered valid. This form must be used for Letter of Intent. 70 ATTACHMENT D-17 Conflict of Interest Certificate Form Bid No. CONFLICT OF INTEREST CERTIFICATE Bidder must execute either Section I or Section II hereunder relative to Florida Statute 112.313(12). Failure to execute either Section may result in rejection of this bid proposal. SECTION 1 I hereby certify that no official or employee of the City or independent agency, requiring the goods or services described in these specifications has a material financial interest in this company. SIGNATURE COMPANY NAME NAME OF OFFICIAL (Type or Print) BUSINESS ADDRESS CITY, STATE, ZIP CODE SECTION II I hereby certify that the following named City official(s) and employee(s) having material financial interest(s) in excess of 5% in this company have filed Conflict of Interest Statements with the Supervisor of Elections, 105 East Monroe Street, Jacksonville, Duval County, Florida prior to bid opening. Name Title or Position Date of Filing • PUBLIC OFFICIAL DISCLOSURE The Owner requires that a public official who has a financial interest in a bid or contract make a disclosure at the time that the bid or contract is submitted or at the time that the public official acquires a financial interest in the bid or contract. Please provide disclosure, if applicable, with bid. Public Official Position Held Position or Relationship with Bidder 71 ATTACHMENT D-18 Federal Contract Provisions FEDERAL CONTRACT PROVISIONS TABLE OF CONTENTS Equal Employment Opportunity Executive Order 11246, Sec 202 (all contracts) Notice of Requirement for Affirmative Action to ensure Equal Employment Opportunity Executive Order 11246 (all contracts) Standard Federal Equal Employment Opportunity Construction Contract Specifications Executive Order 11246 {contracts-subcontracts exceeding $ 10,000) Civil Rights Act of 1964 — Title VI Non Discrimination in Federally Assisted Programs (all contracts) Section 109, Housing and Community Development Act of 1974, as amended (all contracts) Civil Rights Act of 1968 — Title VIII Fair Housing (all housing related contracts) Equal Opportunity in Housing . Executive Order 11063 (all housing related contracts) Section 504 Rehabilitation Act of 1973-Affrimative action for handicapped workers Bonding and Insurance OMB circular A- 102 , attachment B Other Provisions Section 306, Clean Air Act; Section 508, Clean Water Act;, Executive Order 11738;And Environmental Protection Agency regulations{by reference of contracts exceeding $ 100,000 Architectural Barriers Act of 1968 (all contracts for the construction of buildings or facilities) Retention of Records (all contracts) Access to Records Conflict of Interest a. Interest of Certain Federal Officials b . Bonus, Commission or Fee c. Interest of Public Body Personnel d . Interest of Other Local Public. Officials (all contracts) Flood Disaster protection act of 1973 Requirement to purchase Flood Insurance Lead Paint Hazard Act (all construction contracts) Wage Decision (construction contracts/subcontracts exceeding $2,000 72 EQUAL EMPLOYMENT OPPORTUNITY EXECUTIVE ORDER 11246. SECTION 202 A. Contractor w i l l adhere to Executive Order 1 1 2 4 6 . During th e performance of this contract, the Contractor agrees as follows: (1 ) 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 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 will 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 contractor agrees to post i n conspicuous places, available to employees and applicants for employment, notices to beprovided setting forth the provisions of this nondiscrimination clause. (2) 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 without regard to race, color, religion , sex, or national origin. (3) The contractor will send to each labor union or representative or workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the Contract Compliance Officer advising the labor union or said workers representatives of the contractor's commitment under this section, and will post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant order of the Secretary of Labor. (5) The contractor 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 the Department 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 the 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 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 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 portion of the sentence immediately preceding paragraph (1 ) and 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 11246 of September 24, 73 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontractor or purchase order as the administering agency may direct as a . means of • enforcing such provisions, including sanctions for noncompliance: Provided , however, that in the event a contractor becomes involved in , or is threatened with litigation with a subcontractor or vendor as a result of such direction by the administering agency the contractor may request the United State to enter into such litigation to protect the interests of the United States . The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided , that is, the applicant so participating is a state or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract. The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations and relevant orders of the Secretary of labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist such compliance, and that it will also assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency of the Secretary of Labor pursuant to Part II , Subpart D of the Executive order. In addition , the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel , terminate, or suspend in whole or in part this grant (contract, loan , insurance, guarantee) ; refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings . NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL E P OYMENT • PP • T TY EX _UTIVE • ; DER 1124 • A. The offertory's or Bidder's attention is called to the "Equal Opportunity Clause" and the "standard Federal Equal Employment. Opportunity Construction Contract Specification set forth herein . B. The goals and timetables for minority and female participation , expressed in percentage terms for the contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows: Goals for minority Goals for female participation participation 74 21 .8% 6.9% These goals are applicable to all the contractor's construction work (whether or not it is Federal or Federally assisted) performed in the covered area . If the contractor performs construction work in the geographic area located outside of the covered area, it will apply to the goals established from such geographic area where the work is actually performed . With regard to this second area , the contractor also is subject to the goals for both its Federally involved and non- Federally involved construction . The contractor's compliance with the Executive Order and the regulation in 41 CFR Part 60-4 will be based on its implementation of the Equal Opportunity Clause , specific affirmative action obligations required by the specifications set forth in 41 CFR 6 0 -4.3(a) , and its efforts to meet the goals established for the geographical area where the contract resulting from this solicitation is to be performed . The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade, and the contactor will make a good faith effort to employ minorities and women evenly on each of its project. The transfer of minority or female employees or trainees from contractor to contractor or from project to project for the sole purpose of meeting the contractor's goals will be a violation of the contact, the Executive Order, and the regulations in 41 CFR Part 60-4. Compliance with the goals will be measured against the total work hours performed . C. The contractor will provide written notification to the Director of the Office of Federal Contract Compliance Programs within 10 working days of award of any construction subcontract in excess of $ 10,000 at any tier of construction work under the contract resulting from this solicitation . The notification will list the name, address, and telephone number of the subcontractor, employer Identification number; estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the contract is to be performed . D. As used in this Notice, and in the contract resulting from this solicitation, the "covered area" is the City of Jacksonville, Duval County, Florida. TAND A RD FEDERAL E t AL MPL • YMENT OPP • * I LAITY CONSTRUCTION CONTRACT SPECIFICATION EXECUTIVE ORDER 11246, A. As used in the specifications: (1 ) "Covered area" means the geographical area described in the solicitation from which this contract resulted ; (2) Director ' means Director, Office of Federal Contract Compliance Programs, United States Department of Labor, or any person to whom the Director delegates authority; (3) "Employer identification number' means the Federal Social Security number used on the Employer's Quarterly Federal Tax Return, U. S. Treasury Department Form 941 . (4) "lVinoritW' includes: (a) Black (all persons having origins in any of the Black African racial groups not of Hispanic origin) ; (b) Hispanic (all persons of Mexican , Puerto Rican , Cuban , Central or South American or other Spanish culture or origin, regardless of race) ; (c) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands) and ; (d) American Indian or Alaskan Native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliation through membership and participation or community identification) B. Whenever the contractor, or any subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically Include in each subcontract in excess of $ 10,000, the provisions of these specifications and the Notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this contract resulted . C. If the contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown Plan approved by the U . S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area (including goals and timetables) shall be in accordance with that Plan for those trades which have unions participating In the plan . Contractors must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan . Each contractor or subcontractor participating in an approved plan is individually required to comply with its obligations under the EEO Clause, and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other contractors or subcontractors toward a goal in an approved plan does not excuse any covered contractor's or subcontractor's failure to make good faith efforts to achieve the plan goals and timetable. D. The contractor will implement the specific affirmative action standards provided in paragraphs G ( 1) through (16) of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the contractor should reasonably be able to achieve in each construction trade in which it has employees in the Covered area. Cover construction contractors performing contracts in geographical areas where they do not have a Federal o r Federally assisted construction contract will apply the minority and female goals established for the geographic area where the contract is being performed. Goals are published periodically in the Federal Register in notice form and such notices may be obtained from any Office of Federal Contract Compliance Program Office or from Federal procurement contracting officers. The contractor is expected to. make substantially uniform progress in meeting its goals in each craft during the period specified . E. Neither the provisions of any collective bargaining agreement, nor the failure by a union with whom the contractor has a collective bargaining agreement, to refer either minorities or women shall excuse the contractor's obligations under these specifications of Executive Order 11246, or the regulations promulgated pursuant thereto. F. In order for the nonworking training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees must be employed by the contractor 76 during the training period, and the contractor must have made a commitment to employs the apprentices and trainees at the completion of their training , subject to the availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the U S . Department of Labor. G . The contractor will take specific affirmative action to ensure equal employment opportunity. The evaluation of the contractor's compliance with these specifications will be based upon its effort to achieve maximum results from its actions. The contractor will document these efforts fully, and will implement affirmative action steps at least as extensive as the following: (1 ) Ensure and maintain a working environment free of harassment, intimidation , and coercion at all sites, and in all facilities at which the contractor's employees are assigned to work. The contractor, where possible, will assign two or more women to each construction project. The contractor will specifically ensure that all foremen , superintendents, and other on-site supervisory personnel are aware of and carry out the contractor's obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities. (2) Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the contractor or its unions have employment opportunities available, and maintain a record of the organizations responses. (3) Maintain a current file of the names, address , and telephone • numbers of each minority and female off-street-street applicant and minority or female referral from a union , a recruitment source, or community organization and of the action that was taken with respect to each such individual . If such individual was sent to the union hiring hall for referral and was not referred back to the contractor by the union or, if referred , not employed by the contractor, this shall be documented in the file with the reason therefore, along with whatever additional actions the contractor may have taken . (4) Provide immediate written notification to the Director when the union or unions with which the contractor has a collective bargaining agreement has not referred to the contractor, or when The contractor has other information that the union referral process has impeded the contractor's efforts to meet its obligations. (5) Develop on-the-job training opportunities and/or participate in training programs for the area which expressly include minorities and women , including upgrading programs and apprenticeship and trainee programs relevant to the contractor's employment needs, especially those programs funded or approved by the Department of Labor. The contractor shall provide notice of these programs to the sources complied under 7b above. (6) Disseminate the contractor's EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the contractor in meeting its EEO obligation ; by including it in a policy with all 77 management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. (7) Review, at least annually, the company's EEO policy and affirmative action obligations under these specifications with all employees that have any responsibility for hiring , assignment, layoff, termination or other employment decisions including specific review of these items with onsite supervisory personnel such as Superintendents, General Foremen, etc. , prior to the initiation of construction work at any 'job site. A written record will be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter. (8) Disseminate the contractor's EEO Policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the contractor's EEO policy with other contractors and subcontractors with whom the contractor does or anticipates doing business. (9) Direct its recruitment efforts, both oral and written, to minority, female and community organizations, to schools with minority and female students and to minority and female recruitment and training organizations serving the contractor's recruitment and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the contractor will send written notification to organizations such as the above, describing the openings, screening procedures, and written test to be used in the selection process. (10) Encourage present minority and female employees to recruit other minority persons and women and where reasonable, provide after school, summer and vacation employment to minority and female youth both on the site and in other areas of a contractor's work force. (11 ) Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60-3. (12) Conduct at least annually, an inventory and evaluation at least of all minority and female personnel for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc. , such opportunities. (13) Ensure that seniority practices, job classifications, work assignments and other personnel practices, do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the contractor's obligations under these specifications are being carried out. (14) Ensure that all facilities and company activities are non-segregated; except that separate or single-user toilet and necessary changing facilities will be provided to assure privacy between the sexes. (15) Document and maintain a record of all solicitations of offers for subcontracts 78 from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations. (16) Conduct a review, at least annually, of all supervisors' adherence to the performance under job contractor's EEO policies and affirmative action obligation. H . Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or more of their affirmative action obligations (7a through p) . The efforts of a contractor association , joint contractor-union contractor-community, or other similar group of which the contractor is a member and participant, may be asserted as fulfilling any one or more of its obligations under 7a through p of these specifications provided that the contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensures thatthe concrete benefits of the program are reflected in the contractor's minority and female workforce participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the contractor. The obligation will not be a defense for the contractor's noncompliance. I . A single goal for minorities and a separate single goal for women have been established. The contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority, and non-minority. Consequently, the contractor may be in violation of the Executive Order if a particular group is employed in a substantially disparate manner (for example, even though the contractor has achieved its goals for women generally, the contractor may be in violation of the Executive Order if a specific Minority group of women is underutilized). J. The contractor will not use the goals and timetable or affirmative action standards to discriminate against any person because of race, color, religion, sex, or national origin . K. The contractor will not enter into any subcontract with any person or firm debarred from Government contracts pursuant to Executive Order. 11246. L. The contractor will carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension, termination and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations, by the Officer of Federal Contract Compliance Programs. A contractor who fails to carry out such sanctions and penalties will be in violation of these specifications and Executive Order 11246, as amended. M. The contractor, in fulfilling its obligations under these specifications, will implement specific affirmative action steps, at least as extensive as those standards prescribed in paragraph 7 of these specifications, so as to achieve maximum results from its efforts, to ensure equal employment opportunity. If the contractor fails to comply with the requirements of the Executive Order, the implementing regulations, or these specifications, the Director will proceed in accordance with 41 CFR 60-4.8. N. The contractor will designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provision hereof as may be required by the Government and to keep 79 records. Records shall at least Include for each employee, the name, address, telephone numbers, construction trade, union affiliation if any, employee identification number where assigned , social security number, race, sex, status (e. g . , mechanic, apprentice trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and location at which the work was performed . Records will be maintained in an easily understandable and retrievable form ; however, to the degree that existing records satisfy this requirement, contractors will not be required to maintain separate records. O. Nothing herein provided will be construed as a limitation upon the application of other laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents (e. g . , those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program) . CIVIL RIGHTS ACT OF 1964 TITLE VI Under Title VI of the Civil Rights Act of 1964, no person will, on the grounds of race, color or national origin, exclude from participation in , be denied the benefits or, or be subjected to discrimination under any program or activity receiving Federal financial assistance. HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974 SECTION 109 No person in the United States will on the grounds of race, color, national origin or sex 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- funds made available under this title. CIVIL RIGHTS ACT OF 1968 FAIR HOUSING TITLE HI The contractor will comply with Title VIII of the Civil Rights Act of 1968 (the Fair . Housing Act) which requires that no person will discriminate in the sale or rental of housing, in the financing of housing or in the provision of brokerage services, by in any way making unavailable or denying a dwelling to any person because of race, color, religion , sex, or national origin . k ! 1 • a . : . 11 1: ._ ! :► ref ; i ► . ! . .. .. • ;. 1 � . The contractor will adhere to Executive Order 11063 which requires that all action necessary and appropriate be taken to prevent discrimination because of race, color, religion , sex, or national origin in the sale, rental , leasing or other disposition of residential property or facilities or in the use or occupancy thereof, where such property or facilities are owned or operated by the. Federal Government or provided with Federal assistance by the Department of Housing and Urban Development. This requirement also applies to lending practices with respect to residential property and related facilities of lending institutions insofar as such practices relate to loans insured , guaranteed or purchased by the Department. Benefits under program and activities of the Department of Housing and Urban Development which provide financial assistance, directly or indirectly, for the provision , rehabilitation , or operation of housing and related facilities are to be made available without discrimination based on race, color, religion , sex, or national origin . fSCTIO\ 504 REHA&ILITATION ACT OF1973 AFFIRMATIVE ACTION FOR HANDICAPPED WORKERS A. The contractor will not discriminate against any employee or applicant for Employment 80 because of physical or mental handicap in regard to any position for which the employee or applicant for employment is qualified . The contractor agrees to take affirmative action to employ, advance in employment and otherwise treat qualified handicapped individuals without discrimination based upon their physical or mental handicap in all employment practices such as the following : Employment upgrading , demotion or transfer, recruitment, advertising , layoff compensation , and selection for training , including apprenticeship. B. The contractor agrees to comply with the rules, regulations, and relevant orders of the Secretary of Labor issued pursuant to the act. C. This clause, actions for noncompliance may be taken in accordance with the rules, regulations, and relevant orders of secretary of Labor issued pursuant to the Act. D . The contractor agrees to post, in conspicuous places, available to employees, applications for employment notices in a form to be prescribed by the Director, provided by or through contracting office. Such notices will state the contractor's obligation under the law to take affirmative action to employ and advance. In employment qualified handicapped employees and applicants for employment, and the rights of applicants and employed . E. The contractor will notify each labor union or representative or workers with which it has a collective bargaining agreement or other contract understanding , that the contractor is bound by the terms of section 503 of the Rehabilitation Act of 1973, and is committed to take affirmative action to employ and advance in employment physically and mentally handicapped individuals. F. The contractor will include the provisions of this clause in every subcontract or purchase order of $2,500 or more unless exempted by rules, regulations , or orders of the Secretary issued pursuant to Section 503 of the Act, 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 the Director of the office of Federal Contract Compliance Programs may direct to enforce such provisions, including action for noncompliance. BONDING AND INSURANCE QYVIB CIRCULAR ATTACHENT B M A. This attachment sets forth bonding and insurance requirements for grants. No other bonding and insurance requirements will be imposed other than those normally required by the grantee B. Except as otherwise required by law, a grant that requires the contracting (or subcontracting) for construction or facility improvements relating to bid guarantees, performance bonds, and payment bonds unless the construction contract or subcontract exceeds, $ 100,000, the Federal agency may accept the bonding policy and requirements of the grantee provided the Federal agency has made a determination that the Governments' interest is adequately protected . If such a determination has not been made, the minimum requirements shall be as follows: (1 ) A bid guarantee from bidder equivalent to five n ercent of the bid price. The "bid guarantee" will consist of a firm commitment such as a bid bond , certified check, or other negotiable instrument accompanying a bid as assurance that 81 the bidder will , upon acceptance of his bid , execute such contractual documents as may be required within the time specified. (2) A performance bond on the part of the contractor for 100 percent of the, contract price. A " performance bond" is one executed in connection with a contract to secure fulfillment of all the contractor's obligations under such contract. (3) A payment bond on the part of the contractor for 100 percent of the contract price. A "payment bond" is one executed in connection with a contract to assure payment as required by all of all persons supplying labor and material in the execution of the work provided for in the contract. C. Where the Federal Government guarantees or insures the repayment of money borrowed by the grantee, the Federal agency, at its discretion, may require adequate bonding and insurance if the bonding and insurance requirements of the grantee are not deemed adequate to protect the interest of the Federal Government. D. Where Bonds are required in the situation described above, the bonds will be obtained from companies holding certificates of authority as acceptable sureties (31 CFR 223) . OTHER PROVISIONS The contractor will comply with all applicable standards, orders, or requirements issued under Section 306 of the Clean Air Act (42 USC 1857 (h) , Section 508 of the Clean Water Act (33 USC 1368) , Executive Order 11738 , and Environmental Protection Agency regulations (40 CFR) , which prohibit the use under non-exempt Federal contracts, grants or loans of facilities included on the EPR List of Violating Facilities . The local contracting authority will report all violations of this provision to the grantor agency and to the U .S. EPA Assistant Administrator for Enforcement. ARCHITECT ,JRAL BARRIERS ACT OF 1968 The contractor will certify, on a form provided by the local authority, pursuant to the requirements of the Architectural Barriers Act of 1968, 42 USC 4151 , and the regulations issued subsequent thereto, that the design of the project Is in conformance with the minimum standards contained in the American Standard Specification for making building and facilities accessible to and usable by the physically handicapped, number A117. 1R- 1971 (as modified by 41 CFR 101 -19 .603). RETENTION OF REGARDS The contractor will maintain books, documents, papers financial records, payrolls, supporting documentation , correspondence, and all other records pertinent to the implementation of this project for a period of three (3) years after final payments and all other pending matters are closed. ACCESS TQ RECORDS The local authority, the Federal grantor agency, the Comptroller General of the United States, or any of their duly authorized representatives, will have access to all books, accounts, records, reports, files, and other papers maintained by the contractor and pertaining to this project for the purpose of making audits , examinations, excerpts, and transcripts. 82 CQNFLICT OF INTEaEST A. INTEREST OF CERTAIN FEDERAL OFFICIALS_ No member of or delegate of the Congress of the United State, and no Resident Commissioner, will be permitted to any share of part of this agreement or to any benefit to arise from the same . B. BONUS COMMISSION OR FEE. The contractor will not pay any bonus, commission , or fee for the purpose of obtaining the Government's approval or concurrence required by the Government or its designee to complete the project. C. INTEREST OF PUBLIC BODY PERSONNEL. No member of the governing body of the Public Body who exercises any functions or responsibilities in connection with the contract and no other officer or employee of the Public Body who exercises such functions or responsibilities , will have any interest, direct or indirect, in this contract, or in any contract entered into by the contractor for theperformance of work financed in whole or in part with the proceeds of this contract. D . INTEREST OF OTHER LOCAL-PUBLIC OFFICIALS. No member of the governing body of the locality in which the project Is situated, and no other public official of the locality who exercises any functions or responsibilities in connection with the contract will have any interest, direct or indirect, in this contract, or in any contract entered Into by the contractor for the performance of work financed in whole or in part With the proceeds of this contract. FLOOD DISASTER PROTECTION ACT OF 1973 REQUIREMENT TO PURCHASE FLOOD INSURANCE A. No federal financial assistance will be made available for acquisition or construction purposes for use in any area that has been identified by the Secretary. as an area having special flood hazards and in which the sale of flood insurance has been made available under the National flood Insurance Act of 1968, unless the building or mobile home and any personal property to which such financial assistance relates is, during the anticipated economic or useful life of the project, covered by flood insurance In an amount at least equal to its development or project cost (less estimated land cost) or to the maximum limit of coverage made available with respect to the particular type of property under the National Flood Insurance Act of 1968, whichever is less. If the financial assistance provided is in the form of a loan or an insurance or guaranty or a loan , the amount of f lood insurance required need not exceed the outstanding principal balance of the loan and need not be required beyond the term of the loan . LEAD BASE PAINT HAZARD ACT A. The contractor agrees that no Lead based paints or substances containing lead will be used in any part of this project. Treatment necessary to eliminate immediate hazards will , at a minimum , consists of the following: (1 ) All surface conditions identified as immediate hazards will be thoroughly cleaned (washed , sanded, scraped , wire brushed or otherwise cleaned) so as to remove all cracking , scaling, peeling , chipping and loose paint on applicable surfaces. Such surfaces that have been so treated will then be repainted with two 83 coats of a suitable non-leaded paint. (2) Where the paint film integrity of the applicable surface cannot be maintained, the paint will be completely removed or the surface covered with a suitable material such as gypsum wallboard, plywood or plaster, before any repainting is done. 84 ATTACHMENT D-19 Federal Labor Standards Provisions Applicability The Project or Program to which the construction work covered by this contract pertains is being assisted by the United States of America and the following Federal Labor Standards Provisions are included in this Contract pursuant to the provisions applicable to such Federal assistance. A. 1 . (i) Minimum Wages. All laborers and mechanics employed or working upon the site of the work, will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3) , the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section I(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5 .5(a)(1 ) (iv) ; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR 5.5(a)(4) . Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under 29 CFR 5.5(a)(1 )(ii) and the Davis-Bacon poster (WH-1321 ) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible, place where it can be easily seen by the workers. (ii) (a) Any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. HUD shall approve an additional classification and wage rate and fringe benefits therefor only when the following criteria have been met: (1 ) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (b) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or its designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate) , a report of the action taken shall be sent by HUD or its designee to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, D.C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB control number 1215-0140.) (c) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and HUD or its designee do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate) , HUD or its designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or its designee, to the Administrator for determination . The Administrator, or an authorized 85 representative, will issue a determination within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215- 0140.) (d) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1 )(ii)(b) or (c) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification . (iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program , Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program . (Approved by the Office of Management and Budget under OMB Control Number 1215-0140.) 2. Withholding. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other Federally-assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime contractor so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract In the event of failure to pay any laborer or mechanic, including any apprentice, trainee or helper, employed or working on the site of the work, all or part of the wages required by the contract, HUD or its designee may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. HUD or its designee may, after written notice to the contractor, disburse such amounts withheld for and on account of the contractor or subcontractor to the respective employees to whom they are due. The Comptroller General shall make such disbursements in the case of direct Davis-Bacon Act contracts. 3. (i) Payrolls and basic records. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in Section I(b)(2)(B) of the Davis-bacon Act) , daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5 (a)(1 ) (iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section I(b) (2) (B) of the Davis-Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (Approved by the Office of Management and Budget under OMB Control Numbers 1215-0140 and 1215-0017.) (ii) (a) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to HUD or its designee if the agency is a party to the contract, but if the agency is not such a party, the contractor 86 will submit the payrolls to the applicant sponsor, or owner, as the case may be, for transmission to HUD or its designee. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i) except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee (e.g. , the last four digits of the employee's social security number) . The required weekly payroll information may be submitted in any form desired. Optional Form WH-347 is available for this purpose from the Wage and Hour Division Web site at http.//www.dol.gov/esa/whd/forms/wh347instr.htm or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to HUD or its designee if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the payrolls to the applicant sponsor, or owner, as the case may be, for transmission to HUD or its designee, the contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this subparagraph for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to HUD or its designee. (Approved by the Office of Management and Budget under OMB Control Number 1215-0149.) (b) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1 ) That the payroll for the payroll period contains the information required to be provided under 29 CFR 5.5 (a)(3)(ii) , the appropriate information is being maintained under 29 CFR 5.5(a)(3)(i) , and that such information is correct and complete; (2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in 29 CFR Part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (c) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by subparagraph A.3.(ii)(b) . (d) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code. (iii) The contractor or subcontractor shall make the records required under subparagraph A.3. (i) available for inspection, copying, or transcription by authorized representatives of HUD or its designee or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, HUD or its designee may, after written notice to the contractor, sponsor, applicant or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5 . 12. 4. Apprentices and Trainees. (i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U .S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program , who is not individually registered in the program , but who has been certified by the Office of Apprenticeship 87 Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program , the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii) Trainees. Except as provided in 29 CFR 5. 16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant ',to and individually registered in a program which has received prior approval, evidenced by formal certification by the U .S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed . In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) Equal employment opportunity. The utilization of apprentices, trainees and journeymen under 29 CFR Part 5 shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30. 5. Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR Part 3 which are incorporated by reference in this contract 6. Subcontracts. The contractor or subcontractor will insert in any subcontracts the clauses contained in subparagraphs 1 through 11 in this paragraph A and such other clauses as HUD or its designee may by appropriate instructions require, and a copy of the applicable prevailing wage decision, and also a clause requiring the subcontractors to include these clauses in any lower tier 88 subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in this paragraph. 7. Contract termination; debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract and for debarment as a contractor and a subcontractor as provided in 29 CFR 5. 12. 8. Compliance with Davis-Bacon and Related Act Requirements. All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR Parts 1 , 3, and 5 are herein incorporated by reference in this contract 9. Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5 , 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and HUD or its designee, the U .S. Department of Labor, or the employees or their representatives. 10. (i) Certification of Eligibility. By entering into this contract the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of Section 3(a) of the Davis-Bacon Act or 29 CFR 5. 12(a)(1 ) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. (ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of Section 3(a) of the Davis-Bacon Act or 29 CFR 5 . 12(a) (1 ) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. (iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U .S.C. 1001 . Additionally, U.S. Criminal Code, Section 1 01 0, Title 18, U .S.C. , "Federal Housing Administration transactions", provides in part: "Whoever, for the purpose of . . . influencing in any way the action of such Administration. . . makes, utters or publishes any statement knowing the same to be false shall be fined not more than $5 ,000 or imprisoned not more than two years, or both." 11 . Complaints, Proceedings, or Testimony by Employees. No laborer or mechanic to whom the wage, salary, or other labor standards provisions of this Contract are applicable shall be discharged or in any other manner discriminated against by the Contractor or any subcontractor because such employee has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable under this Contract to his employer. B. Contract Work Hours and Safety Standards Act. The provisions of this paragraph B are applicable where the amount of the prime contract exceeds $ 100,000. As used in this paragraph, the terms "laborers" and "mechanics" include watchmen and guards. (1 ) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which the individual is employed on such work to work in excess of 40 hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of 40 hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in subparagraph (1 ) of this paragraph, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory) , for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in subparagraph (1 ) of this paragraph, in the sum of $ 10 for each calendar day on which such individual was required or 89 permitted to work in excess of the standard workweek of 40 hours without payment of the overtime wages required by the clause set forth in sub paragraph (1 ) of this paragraph. (3) Withholding for unpaid wages and liquidated damages. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld , from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contract or any other Federally-assisted contract subject to the Contract Work Hours and Safety Standards Act which is held by the same prime contractor such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in subparagraph (2) of this paragraph. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in subparagraph (1 ) through (4) of this paragraph and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in subparagraphs (1 ) through (4) of this paragraph. C. Health and Safety. The provisions of this paragraph C are applicable where the amount of the prime contract exceeds $100,000. (1 ) No laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health and safety as determined under construction safety and health standards promulgated by the Secretary of Labor by regulation. (2) The Contractor shall comply with all regulations issued by the Secretary of Labor pursuant to Title 29 Part 1926 and failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act, (Public Law 91 -54, 83 Stat 96). 40 USC 3701 et seq. (3) The contractor shall include the provisions of this paragraph in every subcontract so that such provisions will be binding on each subcontractor. The contractor shall take such action with respect to any subcontractor as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions. 90