Common use of Construction Contracting Clause in Contracts

Construction Contracting. The Contracting Party shall cause all work to be performed by properly qualified and licensed parties. All required governmental permits for construction shall be obtained prior to the start of work for which a permit is required. Parties that have been suspended or debarred from participating in federally assisted projects may not perform contract work related to this project. Prior to award of any contract or subcontract for construction, the Contracting Party shall submit such information as the Division may deem reasonably necessary to determine subcontractor license status and the Contracting Party’s compliance with this requirement. The Division will provide written notice as to the eligibility or ineligibility of any potential contractor. The Contracting Party shall provide the Division with prior notice as to the starting date of the construction and with evidence that all necessary construction permits have been obtained. The Contracting Party shall require that construction contractors on this project carry and maintain at all times during the performance of work pursuant to this Agreement. The Contracting Party shall be responsible for provision of adequate Builders Risk Insurance during construction and, after completion of construction, Landlord Insurance thereafter in the event the property is to be managed as rental property, policies to include a loss payee clause naming the City of Baton Rouge-Parish of East Baton Rouge through its Office of Community Development during the period of affordability. The Contracting Party must, at a minimum, provide the equivalent insurance coverage for real property and equipment acquired or improved with Federal funds as provided to other property owned by Contracting Party as per the regulations set forth in 2 CFR 200.310. The City of Baton Rouge-Parish of East Baton Rouge shall be named as Additional Insured on all liability policies during the period of affordability. The Contracting Party shall not allow the commencement of work by any contractor until evidence of insurance has been provided to the Division. Insurance Certificate(s) shall be provided and said Certificate(s) shall specify date(s) when such insurance expires and shall provide further that not less than thirty (30) days prior written notice on non-renewal, cancellation or any material change in such insurance shall be provided to the Division. The Contracting Party shall abide by the provisions of Executive Order 11246, as amended, and the implementing federal regulations at 41 CFR Chapter 60. Neither the Contractors, Owners, or other persons doing work, performing service, supplying materials or otherwise receiving benefit under federal funding shall discriminate against any person, whether employee, applicant for employment, contractor, subcontractor, supplier or other person, for reason of race, color, religion, sex, handicap, family status, national or ethnic origin, or age. The Contracting Party shall take affirmative action to ensure that job applicants and employees are treated without regard to their race, color, religion, sex, disability, family status, national or ethnic origin, or age. The Contracting Party, subcontractors, and suppliers shall to the greatest extent feasible give opportunities for training and employment to low-income residents of the project area and award contracts for work in connection with the Division to business concerns located in or owned by persons residing in the area, as provided in the HUD ACT of 1968. The Contracting Party shall also abide by the provisions of Section 109 of Title 1 of the Housing and Community Development Act. Section 109 provides that no person shall on the ground of race, color, national origin, religion, 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 governed under the Act. Such non-discrimination includes that of employment in connection with activities undertaken pursuant to the Act. The Contracting Party agrees that it shall comply with all the terms and conditions of the Agreement, instruments executed pursuant thereto and the Federal Regulations of the HOME Program, and that it shall: Construct the Project in a timely manner in accordance with the Project Schedule, the approved plans and specifications, in compliance with all applicable the Division laws, regulations, codes and ordinances. The Contracting Part shall notify the Division when construction of the Project is complete. Such notice shall contain certifications or documentation as necessary to establish the following, as appropriate for each component of the project: certificates of occupancy have been issued for all units in the Project; and certification that the project has been completed in conformance with the requirements of this Agreement. Take all steps to maintain and operate the Property in accordance with the provisions of the Agreement. Continuously comply with all (i) applicable building, fire, licensing, health, sanitation, historic preservation, environmental protection, land use, subdivision and zoning ordinances and regulations promulgated by any national, state or local governmental body, agency or division having jurisdiction over the Property, (ii) the organizational documents of the Contracting Party, and (iii) all restrictions or other encumbrances affecting title to the Property. The Contracting Party agrees to comply with applicable requirements of the national and local boards of fire underwriters and to furnish the Division such evidence thereof as the Division may reasonably require. Keep proper and separate books of account and make, or cause to be made, full and true entries of all dealings and transactions of every kind relating to the Project, which books and records will be open to inspection by the Division, its agents and representatives at all reasonable times. Furnish the Division with such reports, financial statements, records and other information relating to the financial condition or operations of the Contracting Party and the construction and operation of the Project, as the Division may reasonably require, including, but not limited to, (i) annual audited financial statements of the Contracting Party (to be delivered to the Division within one hundred twenty (120) days of the end of Contracting Party's fiscal year), (ii) annual reports required under the terms of the Affordable Housing Restriction, and (iii) such other reports to show that the Project is being built and operated consistently with this Agreement, the organizational documents of the Contracting Party, the HOME Program Federal Regulations, and the loan documents. The Contracting Party realizes that the Division may from time to time be required to undertake auditing procedures to comply with HOME Program Federal Regulations. Therefore, the Contracting Party agrees to cooperate fully with an audit survey of the Project if so requested. Perform all its obligations under the Agreement and related Exhibits, and any other agreements or instruments to which the Contracting Party is a party, and which relate to the Agreement or to the Project. The Contracting Party shall give notice to the Division of any notice received by it relative to any default or delinquency under any mortgage or agreement which relate to the Loan or to the Project. Indemnify, exonerate and hold harmless the Division from any and all liability, loss, cost, damage and expense, including reasonable attorney's fees, which it may or shall incur in connection with the Agreement or by reason of any good faith action taken by the Division in relation thereto. Promptly, and before they expire, renew all licenses or other permits required for operation of the Project, and provide copies of the same within 30 days of receipt to the Division. Develop all assisted property so to be used for affordable housing in accordance with the affordability restrictions set forth in this Agreement. Carry out each activity provided for in this Agreement and Exhibits in compliance with all applicable federal laws and regulations described in 24 CFR 92.350 (equal opportunity and fair housing), 92.351 (affirmative marketing), 92.353 (displacement, relocation, and acquisition), 92.355 (lead-based paint), 92.356 (conflict of interest), 92.357 (debarment and suspension) and 42 CFR 4106 (flood insurance).