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- 4 <br /> <br />CDBG Agreement with Rebuilding Together Oakland | East Bay – FY2019-2020 <br />Urban Development Act of 1968, as amended, 12 U.S.C. 1701. Section 3 requires that to the greatest extent <br />feasible opportunities for training and employment be given to lower income residents of the project area and <br />contracts for work in connection with the project be awarded to business concerns which are located in, or <br />owned in substantial part by persons residing in the areas of the project.” <br /> <br />Consultant certifies and agrees that no contractual or other disability exists which would prevent compliance <br />with the requirements. <br /> <br /> (2) Notifications. Consultant agrees to send to each labor organization or representative <br />of workers with which it has a collective bargaining agreement or other contract or understanding, if any, a notice <br />advising said labor organization or worker's representative of its commitments under this Section 3 clause and shall <br />post copies of the notice in conspicuous places available to employees and applicants for employment or training. <br /> <br /> (3) Subcontracts. Consultant will include this Section 3 clause in every subcontract and <br />will take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of <br />regulations issued by the grantor agency. Consultant will not subcontract with any subcontractor where it has notice <br />of knowledge that the latter has been found in violation of regulations under 24 CFR 135 and will not let any <br />subcontract unless the sub-contractor has first provided it with a preliminary statement of ability to comply with the <br />requirements of these regulations. <br /> <br /> e. Standard of Performance. Consultant shall perform all services required pursuant to this <br />Agreement according to the standards observed by a competent practitioner of the profession in which Consultant is <br />engaged. Consultant shall devote such time to the performance of services pursuant to this Agreement as may be <br />reasonably necessary to meet the standard of performance and to satisfy Consultant’s obligations hereunder. <br /> <br /> (1) Professional Seal. Where applicable in the determination of the Contract Officer, the <br />first page of a technical report, first page of design specifications, and each page of construction drawings shall be <br />stamped/sealed and signed by the licensed professional responsible for the report/design preparation. The <br />stamp/seal shall be in a block entitled “Seal and Signature of Registered Professional with Report/Design <br />Responsibility.” <br /> <br /> f. Assignment of Personnel. Consultant shall assign only competent personnel to perform <br />services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this <br />Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from <br />City of such desire of City, reassign such person or persons. <br /> <br /> g. Facilities and Equipment. Except as set forth herein, Consultant shall, at its sole cost and <br />expense, provide all facilities and equipment that may be necessary to perform the services required by this <br />Agreement. City shall make available to Consultant only the facilities and equipment listed hereunder, and only under <br />the terms and conditions set forth herein. <br /> <br /> (1) Facilities and Equipment Provided. City shall furnish physical facilities such as desks, <br />filing cabinets, and conference space, as may be reasonably necessary for Consultant’s use while consulting with <br />City employees and reviewing records and the information in possession of City. The location, quantity, and time of <br />furnishing those facilities shall be in the sole discretion of City. In no event shall City be obligated to furnish any facility <br />that may involve incurring any direct expense, including but not limited to computer, long-distance telephone or other <br />communication charges, vehicles, and reproduction facilities. <br /> <br />2.6 Environmental Requirements. <br /> <br /> a. Lead Based Paint. In accordance with 24 CFR Part 570.608, Consultant shall be prohibited <br />from using lead-based paint in residential structures rehabilitated with CDBG Funds. Lead-based paint is any paint <br />containing more than five-tenths of one percent (5/10 of 1%) lead by weight in the total non-volatile content of liquid <br />paints or in the dried film of paint already applied. <br /> <br /> b. Use of Recycled Materials. Consultant shall prepare and submit all reports, written studies <br />169