|
subcontractor(s) for the construction or development of the Project, in writing or otherwise, in a call
<br />for bids or otherwise, that the work and coustruction undertaken pursuant to this AgreemenC is (or is
<br />not) a "public work," as defined in Section 1720 of the Labor Code or under Davis-Bacon.
<br />Developer laiowingly and voluntarily agrees that Developer shall have the obligation
<br />to provide any and all disclosures or identifications with respect to the Project as required by Labor
<br />Code Section 1781 and/or by Davis-Bacon, as the same may be amended fi•om time to time, or any
<br />other similar law or regulation. Developer shall indemnify, protect, pay for, defend (with legal
<br />counsel acceptable to Agency and City) and hold harmless the Inc~elnnitecs, from and against any and
<br />all loss, liability, damage, claim, cost, expense and/or "incr'ease'd costs" (including reasonable
<br />attorneys fees, court and litigation costs, and fees of expert,~Gimssses) which, in connection with the
<br />development, construction (as defined by applicable law)'atid/or.;aperation of the Project, including,
<br />without limitation, any and all public works (as defined.liy"applicable law), results or arises in any
<br />way fiom any of the following: (i) the noncompharzce;[by Developer y/ijh any applicable local, state
<br />and/or federal law or regulation, including, wrthout~'Ihnitation, any app~cablc federal and/or state
<br />labor laws or regrlations (including, without hmif~tion, if applicable, the i;g~uirement to pay state
<br />and/or federal prevailing wages); (ii) the impletn~iilaLjon of Section 1781 of the Lahor Code and/or
<br />of llavis-Racon, as the same may be amended from time;fofime, or any other similar law or
<br />regulation; and/or (iii) failure by De~loper to provide any ie~uired disclosure oridcntification as
<br />required by Labor Code Section 1781 and/QI',,by Davis-]3acaiT, as the same may be amended from
<br />time to time, or any other similar law of:regulaton. 1t is agte~d by the parties that, in connection
<br />with the development and construction (as defiiied~~by applieall~`Iaw or regulation) of the Project,
<br />including, without limitation.any and all public works (as defined.by;applicable law or regulation),
<br />Developer shall beat alj;risks of<payment "or"non-paymenT of prevailing wages under applicable
<br />federal, state and loeal;~aw or reglation and/or• the `Impletnei~tayion of Labor Code Section 1781
<br />and/or by Davis Bacon=;;~'s•,the sameii~~y be amended fi'om time to time, and/or any other similar law
<br />or regulation. "Increased'bosls," as.iiscd in this Section 309.1, shall have the meaning ascribed to it
<br />in Labor C,odp Seatton 17$1, as {he'~same .may be amended from time to time. The foregoing
<br />indemuity'sh~ll sut'vi'3,e~;terminatioh of this <Agreeme>~(`and shall continue after completion of the
<br />construction and developrlertt of ile P>•oject by Developer.
<br />:::.309.2 SecfrGn,3 Compliance. Developer agrees to comply with and to cause the
<br />General Conti~i)Oto,,r, each subcontractor, and-any other contractors and/or subcontractors or agents of
<br />Developer to cotq~lywith the regllitements of Section 3 of the Housing and Urban Development Act
<br />of 1968, as amended,'::12 U.S.C. §;1701 u, and the implementing regulations, in connection with the
<br />construction of the Yroje~t„ Devpl,iper shall submit to Agency/City each Construction Contract with
<br />appropriate provisions pi•ovidfig for the construction of the Project in conformance with the terms of
<br />this Agreement, iuchtding`'tle' Section 3 Clause set forth below. The General Contractor, each
<br />subcontractor, and any other conhractors or subcontractors or agents of Developer shall have
<br />provided to the l;xecutive Director the certification in appendix B of 24 CFR Part 24 that neither it
<br />nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or
<br />voluntarily excluded from participation from the Project, and Developer shall be responsible for
<br />determining whether each contractor has been debarred.
<br />Section 3 of Che Housing and Urban Development act of 1968, 12 U.S.C., 1701u, as
<br />amended by Section 915 of the Housing and Community Development Act of 1992 requires that
<br />economic opportunities generated by HUD financial assistance for housing and commuuity
<br />development programs be targeted toward low- and very low- income persons. Whenever IND
<br />assistance generates oppot4unities for employment or contracting, state and local grantees, as well as
<br />13
<br />
|