Res 2019-058/approving an Agreement with LNV, Inc. for the provision of Professional Engineering Services for the Linda Drive Improvements Project in the estimated amount of $875,688

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DocuSign Envelope ID: 111@85370-14E9-405CAADl-8gOlA505DO16 1.) The work to be performed under this Contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1.968, as amended, 12 U. S.C. 1701 u (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. The parties to this Contract agree to comply with HUD's regulations In 24 C , F..R. Part 1.3 5, 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. 3) The Contractor agrees to send to each labor organization or representative of workers with which the Contractor- has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the Contractor's cominitments under this Section 3 clause; and will post copies of the notice in conspicuor.rs 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. mirn mum number and job titles sul�lect to hire; availability of a.pprenti+cesl'llp and training positions, the qualifications for each; and. the name and location of the per-son(s) taking applications for each of the positions; and the anticipated date -the work shall begin. 4) The Contractor agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 C.F.R. Part 1-35, and agrees to tape appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 C.F.R. P art 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 C. F. R. Part 135. 5) The Contractor will certify that any vacant employment positions, including training positions, that are filled (1) after- the Contractor is selected but before the Contract is executed, and (2) w th persons other than those to whorn the regulations of 24 C.F.R. Part 135 require employment opportunities to be directed, were not. filled to ciMimvent the Contractor's obligations under 24 C.F.R. Part 135. 6) Noncompliance with HUD's regulations in 24 C.F.R. Part 1.35 may result- in sanctions, termination of this Contract for default, and debarment or suspension from future HUD assisted contracts. 7) When required, Contractor shall furnish the City or HUD with satisfactory proof of its compliance he rew ith. H. COMPLIANCE WITH RULES AND REGULAT ONS Funding for the Project has been made available by HUD through the C-DBG-DR Program. The Professional Firm will comply with all of the applicable uniform administrative regulations related to the application, acceptance and use of federal funds as contained in 2 CPQ. Part 00, Uniform Administrative Requirements, Cost Principles, and.Audit requirements for Federal Awards. The Professional Firm is encouraged to obtain the necessary information but failure to do so will not relieve it frorn compliance with the applicable regulations, The Professional Firm will be responsible for compliance and conformance with applicable federal and state laws, rules., regulations and codes, City permittbig requirements, and City ordinances currently in effect.:Federal and state laws, rules, regulations and codes include but are not limited to: a. WORKERS COMPENSATION LA' � 1) Mini -num and maximum salary and wage statutes and regulations, vicluding but not lirnited to: Rev. 9.2 1.17 Page 3) of 7