06 052013 JT CC-HA DEPOT AT SANTIAGO EX 3

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(10)(i) Certification of Edibility. By entering into this Agreement, the contractor certifies that neither it (nor he or she} nor any person or firm who has an interest in the contractox's fzrm is a person ar f irm 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 Agreement 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}{l) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR part 24. (iii} The penalty far making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. lflfll. Additionally, U.S. Criminal Code, section 1010, 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 $5,400 or imprisoned not more than two years, or both." 11. Coin faints Proceedin s or Testimon b Em to ees. No laborer or mechanic to whom the wage, salary, ox other labor standards provisions of this Agreement 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 Agreement to his employer. (b} ,Contract Work Hours and Safet~tandards Act. The provisions of this paragraph (b) are applicable only 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. he or she is employed an such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rata not less than one and one-half times the basic rate of pay far all hours worked in excess of forty hours in such workweek. (2) Violation• Liability for Un,~aid Wazres• Liquidated Damages. In the event of any violation of the clause set forth izz subparagraph (1} ofthis paragraph, the contractor and any subcontractor responsible therefore shaIl be liable for the unpaid wages. In addition, such contractor and subcontractor sliali be liable to the U;,ited States (in the case of work -T_.:.. _... _._ g ------_ . Pa e 12 of 15 HUD 52531B Agreement, Part 2 of 2 Previous Editions are obsolete Project-based Voucher Program