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47. Non-Federal Prevailing Wage Rates
(a) Any prevailing wage rate (including basic hourly rate and any fringe benefits), determined under State or tribal law to be prevailing, with respect to any employee in any
trade or position employed under the contract, is
inapplicable to the contract and shall not be enforced
against the Contractor or any subcontractor, with respect to employees engaged under the contract whenever
such non-Federal prevailing wage rate exceeds:
(1) The applicable wage rate determined by the Secretary of Labor pursuant to the Davis-Bacon Act (40 U.S.C.
3141 et seq.) to be prevailing in the locality with
respect to such trade;
(b) An applicable apprentice wage rate based thereon
specified in an apprenticeship program registered with
the U.S. Department of Labor (DOL) or a DOL-
recognized State Apprenticeship Agency; or
(c) An applicable trainee wage rate based thereon specified in a DOL-certified trainee program.
48. Procurement of Recovered Materials.
(a) In accordance with Section 6002 of the Solid Waste
Disposal Act, as amended by the Resource Conservation
and Recovery Act, the Contractor shall procure items
designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition. The Contractor shall procure items designated in the EPA
guidelines that contain the highest percentage of
recovered materials practicable unless the Contractor
determines that such items: (1) are not reasonably
available in a reasonable period of time; (2) fail to meet reasonable performance standards, which shall be
determined on the basis of the guidelines of the National Institute of Standards and Technology, if applicable to the item; or (3) are only available at an
unreasonable price.
( ) Paragraph (a) of this clause shall apply to items
purchased under this contract where: (1) the
Contractor purchases in excess of $10,000 of the item
under this contract; or (2) during the preceding
Federal fiscal year, the Contractor: (i) purchased any
amount of the items for use under a contract that was
funded with Federal appropriations and was with a
Federal agency or a State agency or agency of a
political subdivision of a State; and (ii) purchased a
total of in excess of $10,000 of the item both under
and outside that contract.
Previous editions are obsolete Page 19 of 19 form HUD-5370 (1/2014) Replaces form HUD-5370-A
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ACCESSIBILITY REMODEL
PROJECT AT COLONIA PUBLIC
HOUSING SITE
Emilio Ramirez, Director
Housing Department
City Council
February 6, 2024
596
BACKGROUND 2
1. Multiphase conversion project to bring the
Housing Authority of the City of Oxnard
into compliance with Section 504 of the
American Disabilities Act
2. Demolition at Colonia Village resulted in
loss of 44 accessible units
3. Location of proposed project: Colonia
Public Housing Site
4. Existing two-story, five-bedroom and
four-bedroom units will be converted into
two units. One will be an accessible and
the other will be a regular unit
5. Project included in Capital Fund Program
Five-Year Action Plan
31-3 Juanita, Colonia,
Marquita and Gloria
597
RECOMMENDATIONS 3
That the Board of Commissioners of the Housing Authority of the City of Oxnard:
1. Approve and authorize the Housing Director to execute a firm-fixed price contract in the amount of $2,418,020 with MDJ Management (agreement number A-8544) using funds from the Housing Authority of the City of Oxnard’s Central Office Cost Center and the 2024 Capital Fund grant after the adoption of the Capital Fund Budget and Capital Fund Five Year Action Plan, for properties located at 1040, 1070-C, 1100-B, 1130 E. Colonia Road; and
2. Authorize the Housing Director to execute the work order(s) for work to be performed.
598
End of Presentation
4 599