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minimum of 5 percent of the dwelling units (but not less than one unit) are accessible to persons <br /> with mobility impairments; for this category of less than substantial rehabilitation, the additional 2 <br /> percent of the units for persons with sensory impairments does not apply. Also for this category of <br /> rehabilitation, if undertaking accessibility alterations imposes undue financial and administrative <br /> burdens on the operation of the multifamily housing project, the alterations are not required. <br /> In the case of non-housing facilities involving new construction, the facilities will be designed and <br /> constructed to be readily accessible to and usable by persons with disabilities. For facilities <br /> involving alterations, to the extent possible, the alterations should ensure that such facilities are <br /> readily accessible to and usable by individuals with disabilities. An element of an existing non- <br /> housing facility need not be made accessible, if doing so, would impose undue financial and <br /> administrative burdens on the operation of the recipient program or activity. (However, State law <br /> will prevail if State accessibility requirements are stricter than federal 504 requirements.) Recipients <br /> are still required to take other actions that would ensure that persons with disabilities receive the <br /> benefits and services of the program. <br /> E. Davis-Bacon Act, which requires that all laborers and mechanics employed by contractors or <br /> subcontractors on construction work financed in whole or in part with Federal funds will be paid <br /> prevailing wages of the locality as determined by the Secretary of Labor. <br /> F. Section 3, Housing 8� Urban Development Act of 1968. Section 3 covered activities involve <br /> housing rehabilitation, housing construction, or other public construction in which the contract to <br /> perform the work has HUD funding in the amount of$200,000 or more; each subcontractor whose <br /> contract involves $100,000 or more of HUD funds is also subject to Section 3. For Section 3 <br /> covered activities, to the greatest extent feasible, economic opportunities for new hires will be <br /> given to qualitied Section 3 residents and businesses. "Section 3 residents" are defined as: 1) <br /> residents of public housing located in San Mateo; or 2) low and very-low income persons living in <br /> San Mateo County. "Section 3 Businesses are defined as businesses: 1) that are at least 51% <br /> owned by Section 3 Residents; 2) whose permanent, full-time employees include persons, at least <br /> 30 percent of whom are currently Section 3 residents, or were Section 3 Residents within three <br /> years of the date of first employment with the business concern; or 3) that provide evidence of a <br /> commitment to subcontract in excess of 25 % of the dollar award of all subcontract to be <br /> awarded to a Section 3 business concern. Contractors subject to Section 3 must maintain <br /> appropriate documentation of their efforts to comply with Section 3 requirements. <br /> G. Flood Disaster Protection Act of 1973, which provides that no federal financial assistance for <br /> acquisition or construction purposes may be approved for an area having special flood hazards <br /> unless the community in which the area is located is participating in the National Flood Insurance <br /> Program. <br /> H. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, which <br /> provides for relocation assistance for any family, individual, business, non-profit organization or <br /> farm displaced as a result of acquisition of property with federal funds. <br /> I. Executive Order 11246, as amended by Executive Order 12086, Equal Employment and <br /> Contracting Opportunities, which provides that no person shall be discriminated against on the <br /> basis of race, color, religion, sex, or national origin in all phases of employment during the <br /> performance of federally assisted construction contracts. <br /> J Housing and Urban Development Act of 1968, Section 3, which requires that, in the planning <br /> and carrying out of any project assisted under the Act, that to the greatest extent feasible, <br /> opportunities for training and employment be given to low- and moderate-income persons <br /> residing within the unit of local government in which the project is located, and that contracts for <br /> work in connection with the project be awarded to eligible business concerns which are located <br /> ATTY/AGR/2013.016/FAIR OAKS SCHOOL RE-TURFING PROJECT II <br /> REV:O1-29-13 MLG <br /> Page 18 of 21 <br />