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Attachment D — Program and Special Conditions • Form SC -52 — Section 3 Participation Report (Construction Prime Contractor); • Form SC -38 (if applicable) — Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion (Subcontractor); • Form SC -53 (if applicable) — Section 3 Participation Report (Construction Subcontractor), and; • Form SC -54 (if applicable) — Documentation for Business Claiming Section 3 Status For each procured construction contract or agreement in Housing Rehabilitation projects for which CDBG funding will be requested, the Recipient shall submit the following procurement documents for all prime contractors and subcontractors: a. Form SC -37 — Certification Regarding Debarment, Suspension, and Other Responsibility Matters (Primary Covered Transactions); b. Form SC -52 — Section 3 Participation Report (Construction Prime Contractor); c. Form SC -38 (if applicable) — Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion (Subcontractor); and d. Form SC -53 (if applicable) — Section 3 Participation Report (Construction}Subcontractor). 17. For each procured construction contract or agreement in the Neighborhood Revitalization, Commercial Revitalization and Economic Development categories, if a job classification needed to complete a construction activity is not included in the Davis -Bacon Act wage decision that was previously obtained from DEO, the Recipient shall request an additional classification using Form SC -57 - Employee/Employer Wage -Scale Agreement after the construction contract has been awarded. 18. For each Commercial Revitalization, Economic Development and Neighborhood Revitalization projects, when the Recipient issues the Notice to Proceed to the contractor(s), copies of the following documents shall be sent to DEO: a. Notice to Proceed; b. The contractor's performance bond (100 percent of the contract price) if the contract exceeds the Simplified Acquisition Threshold as listed in 2 C.F.R. § 200.88; and c. The contractor's payment bond (100 percent of the contract price) if the contract exceeds the Simplified Acquisition Threshold as listed in 2 C.F.R. § 200.88. 19. The Recipient shall undertake an activity each quarter to affirmatively further fair housing pursuant to 24 C.F.R. § 570.487(b)(4). 20. All leveraged funds shall be expended concurrently and, to the extent feasible, proportionately with the expenditure of CDBG funds for the same activity. The Recipient shall document the expenditure of leveraged funds required for the points claimed in the application as it may have been amended through the completeness process and as reflected on the Project Detail Budget. All funds claimed for leverage shall be expended after the date that the Authority to Use Grant Funds is issued and prior to Recipient's submission of the administrative closeout package for this Agreement, except for the following costs: • Eligible administrative, engineering and environmental review costs expended after the site visit but prior to the date when the Authority to Use Grant Funds is issued, and • The CDBG portion of the cost of post -administrative closeout audits. 21. The resulting product of any activity funded under this Agreement as amended shall be ineligible for rehabilitation or replacement with CDBG funds for a period of five years. 29 37