12 - Agreement with MTG Engineers - 1st St SE Revitalization Project

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2.2 The FIRM shall, prior to proceeding with the work, notify the City in writing of the name of any subcontractors proposed for the work, including the extent and character of the work to be done by each. 2.3 If any time during progress of the work, the City determines that any subcontractor is incompetent or undesirable, the City will notify the FIRM who shall take reasonable and immediate steps to satisfactorily cure the problem, substitute performance, or cancel such subcontract. Subletting by subcontractors shall be subject to the same regulations. Nothing contained in this CONTRACT shall create any contractual relation between any subcontractor and the City. 2.4 The FIRM will include in all contracts and subcontracts in excess of $150,000 a provision which requires compliance with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.0 7401-7671q) and the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251-1387). The provisions shall require reporting of violations to TDA and to the Regional Office of the Environmental Protection Agency (EPA). 2.5 The FIRM will include in all contracts and subcontracts in excess of $150,000 provisions or conditions which will allow for administrative, contractual or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as may be appropriate. 1. The FIRM will include in all contracts and subcontracts in excess of $10,000 provisions addressing termination for cause and for convenience by the City including the manner by which it will be effected and the basis for settlement. 2. The FIRM will include in all contracts and subcontracts provisions requiring compliance with the following, if applicable: a. Prime construction contracts in excess of $2,000, compliance with the Davis -Bacon Act, as amended (40 U.S.C.3141-3144, 3146-3148) as supplemented by Department of Labor regulations (29 CFR part 5); b. Prime construction contracts in excess of $2,000, compliance with the Copeland "Anti -Kickback" Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR part 3) c. The inclusion of the Equal Opportunity clause provided under 41 CFR 60- 1.4(b) (Executive Order 11246); d. The inclusion of the Economic Opportunities for Section 3 Residents and Section 3 Business Concerns of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (section 3). e. Contracts exceeding $100,000, compliance with the Byrd Anti -Lobbying Amendment (31 U.S.C. 1352); f. For contracts in excess of $100,000 that involve the employment of mechanics or laborers, compliance with the Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708), including work week requirements and safety conditions for workers, as supplemented by Department of Labor regulations (29 CFR Part 5); and Page 4 of 28