HomeMy WebLinkAboutCC 8 HCD OF 1974 02-03-86. ~ '-, I CONSENT CALENDAR
' -JL~.~ ~ "- '~' '~/I ~?
NO.
8
TO:
FROM:
SUBJECT:
HONORABLE HAYOR AND CITY COUNCIL
COMMUNITY DEVELOPMENT DEPARTHENT
PROPOSED CONTRACT FOR PUBLIC FACILITIES IMPROVEMENTS, HOUSING
& COIgqUNITY DEVELOPMENT ACT OF 1974 (HCD)
RECO~ENDATION:
Approve the contract as submitted.
SUMMARY:
Enclosed is the proposed contract for the HCD 11th year which implements the
Public Facility Improvements portion of our application. This $60,000 will be
used to construct street improvements in the South "B" Street/Mitchell target
area.
The City Attorney has reviewed the contract and finds it satisfactory.
'MARY ANN~HAMBERLAiN,
Associate Planner
MAC:do
eric: contract
Contract No. C40200
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COUNTY OF ORANGE
ENVIRONMENTAL MANAGEMENT AGENCY
HOUSING AND COMMUNITY DEVELOPMENT CONTRACT
TITLE OF PROJECT: Tustin, Public Facilities and Improvements "B"/Mitchell
Streets (K15.2)
MEMORANDUM OF CONTRACT entered into this .day of
19
BY AND BETWR. RN
CITY OF TUSTIN, a municipal corporation,
hereinafter referred to as CITY,
and
COUNTY OF ORANGE, a political subdivision of
the State of California and recognized Urban
County under the Federal Housing and Co, unity
Development Act of 1974 (Public Law 93-383),
as amended, hereinafter referred to as COUNTY.
W~i~REAS, COUNTY and CITY previously entered into a Cooperation Agreement,
dated October 9, 1984 in which both parties agreed to cooperate in the undertaking,
or assist in the undertaking, of community development and housing assistance
activities, and
WHEREAS, the CITY has submitted to the COUNTY an application for funding
of a project hereinafter described, and
WHEREAS, the COUNTY has entered into a separate agreement dated
July 30, 1985, with the U.S. Department of Housing and Urban Development (hereinafter
designated as HUD) to fund said project under the Housing and Community Development
Act of 1974 (Public Law 93-383), as amended (hereinafter referred to as ACT).
NOW, THEREFORE, IT IS AGREED by and between the parties that the following
provisions as well as all applicable Federal, State and County laws and regulations
including the attached SPECIAL PROVISIONS, identified as EXHIBIT "A", and all other
attached Exhibits, are part of this Contract.
1. For the PUP. POSES OF THIS CONTRACT the following definitions shall
apply:
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a. Project Manager: The party responsible for, but whose
responsibility is not limited to the following: Contracting, monitoring and
implementing .the project through completion.
b. Construction Bid Package: A package of bidding documents which
includes proposal, bidding instruction, contract documents, detailed estimated costs
and plans and specifications for a construction project all prepared in accordance
with applicable federal regulations.
c. Director: The Director of the Orange County Environmental
Management Agency or his designee.
d. Reimbursable Basis: The CITY will provide the funds for the
project and submit proof of payment to the COUNTY, whereby upon approval the COUNTY
will forward Community Development Block Grant (hereinafter referred to as CDBG)
funds to repay the CITY.
2. It is understood that the CITY will act as Project Manager for
project described as: Public Facilities and Improvements (K15.2). CITY will
utilize CDBG funds for a multi-year street reconstruction project that will
include street paving, sidewalks, curbs, gutters, storm drains, and street lights
in the "B"/Mitchell Street target area (see Exhibit "B").
3. It is agreed by all parties that the project shall be completed and
all funds provided through this Contract shall be expended on eligible project
activities prior to December 31, 1986. Invoices for all approved
project costs funded by the Block Grant under this contract shall be submitted
within 180 days after the above date. The date for project completion and
expenditure of all funds may be extended by Director through written notification
to the CITY. In the event of such an extension, the deadline for submittal of
invoices shall be 180 days after the new completion date.
4. CITY agrees:
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a. Any amendment to this Contract shall be submitted to and
approved by the COUNTY, prior to commencement by CITY of any activity covered by
said amendment.
b. To submit any and all third-party contracts funded through this
Contract to DIRECTOR for review and approval prior to award of such contracts by CITY.
c. To be responsible for design and inspection, including funding
the costs related to those activities, unless funding for design and inspection
activities is provided for in Section 5.a. of this Contract.
d. To submit the Construction Bid Package for this project to
DIRECTOR for review prior to advertising for bids on the construction contract or
prior to award of such a contract if an alternative method of award is used. CITY
shall not advertise for bids until DIRECTOR has approved Construction Bid Package.
CITY shall construct project in accordance with the Construction Bid Package which
DIRECTOR approved unless prior written approval is received from DIRECTOR for
modification thereof.
e. That all work Shall be in accordance with all applicable CITY
regulations.
f. That the. project shall be retained for Community Development
purposes as defined by applicable dOD provisions at a level of operations and
maintenance to ensure maximum feasible benefit and utilization of the project by
low-and moderate-income persons.
g. To maintain accounting records, official files, and other
evidence pertaining to costs incurred as required by all applicable HUD regulations,
and all of these shall be accessible for the purposes of monitoring, audits,
reporting and examinations by duly authorized representatives of COUNTY or HUD.
These records shall be kept available at CITY's office during the project's contract
period and thereafter for three (3) years from the date of final payment of HUD
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Contract No. C40200
CDBG funds.
h. That DIRECTOR, shall periodically evaluate the CITY's progress
in complying with the terms of this Contract. CITY shall cooperate fully during
such monitorings. DIRECTOR shall report the findings of each monitoring to the CITY
and Orange County Board of Supervisors. If it is determined by the Board of
Supervisors that performance or progress on performance is unsatisfactory, the Board
of Supervisors may withhold further funding on the project pending resolution of the
unsatisfactory condition(s) or may terminate this Contract. In addition, the Board
of Supervisors may require the CITY to reimburse COUNTY any funds that it determines
to be improperly expended or not expended on the project in a timely manner based on
applicable CDBG Program regulations.
i. That if it is determined by HUD that funds were not expended in
compliance with the applicable federal laws and regulations, CITY will refund to
COUNTY as soon as practicable such sums as were determined by HUD to have been
improperly expended.
j. When the project is completed all unexpended funds remaining
will be returned to the COUNTY as soon as practicable. COUNTY may then reallocate
returned funds to another Urban County project(s) at the discretion of the Board of
supervisors.
k. To assume responsibility for compliance with the California
Environmental Quality Act and to provide COUNTY with necessary information to comply
with the National Environmental Policy Act prior to commencing project
implementation.
5. Project Funding:
a. The estimated project cost(s) covered by this agreement is:
Land Acquisition $ -0-
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and no/100.)
Design and Inspection
ConstructionContract
Dollars and no/100.)
and no/100.)
follows:
$ 6,000.00 (Six Thousand Dollars
and no/100.)
$54,000.00 (Fifty-four Thousand
$60,000.00 (Sixty Thousand Dollars
b. Based on the above estimate, this project will be financed as
Block Grant Funds
$60,000.00 (Sixty Thousand Dollars
c. COUNTY shall not be responsible for any costs which exceed the
approved Block Grant amount.
d. Payment by the COUNTY to the CITY shall be on a reimbursable
basis unless CITY has been authorized and issued cash advances by COUNTY under this
Contract.
e. Cash advances requested by the CITY under this Contract shall be
·ade by the COUNTY to the CITY if the following conditions are met:
(1) The CITY has demonstrated to DIRECTOR through certification
in a form prescribed by DIRECTOR and subsequently through performance, its
willingness and capacity to establish CITY financial procedures that will minimize
the time elapsing between the receipt of funds and proper disbursement of such funds.
(2) The CITY certifies to DIRECTOR, that the CITY's financial
management system meets the standards for fund control and accountability prescribed
in Office of Management and Budget Circular No. A-102 as amended from time to time.
(3) The CITY complies with the cash advance procedures required
by the Financial Procedures of the Housing and Community Development Program Office
of County's Environmental Management Agency (hereinafter referred to as EMA). These
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procedures require that upon written receip~ of funds from the COUNTY, the CITY
shall disburse payment to vendor within five (5) working days and submit evidence
of such disbursement(s) (i.e., warrant copies, etc.) to the COUNTY.
If the CITY is subsequently found, by DIRECTOR, to be in
noncompliance with 5.e.(1) through 5.e.(3) CITY shall be paid on a reimbursable
basis.
f. Reimbursable basis payments, as referred to in section 5.d.
above, and/or cash advances described in 5.e. above, shall be made in accordance with
the financial procedures of ~MA. In the event of conflict between such financial
procedures and any applicable statutes, rules or regulations of HUD, including
Office of Management and Budget Circular No. A-102, the latter shall prevail.
6. Neither COUNTY nor any officer nor employee thereof shall be
responsible for any damage or liability occurring by reason of any action or omission
of CITY or its agents, associates, contractors, subcontractors, materialmen,
laborers, or any other persons, firms, or corporations furnishing or supplying work
service, materials, or supplies in connection with CITY's performance of this
Contract and from any and all claims and losses accruing or resulting to any persons,
firm or corporation for personal injuries or property damage resulting from or as a
consequence of, CITY's performance of this Contract under or in connection with any
work, authority or jurisdiction delegated to CITY under this Contract. It is also
understood and agreed that, pursuant to California Government Code Section 895.4,
CITY shall fully indemnify, defend and hold COUNTY harmless from any liability
imposed for injury (as defined by California Government Code Section 810.8) occurring
by reason of any action or omission of CITY under or in connection with any work,
authority or jurisdiction delegated to CITY under this Contract. CITY shall act in
an independent capacity and not as officers, employees or agents of COUNTY.
7. Neither CITY nor any officer nor employee thereof shall be
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responsible for any damage or liability occurring, by reason of any action or
omission of COUNTY, its agents, associates, contractors, s.ubcontractors, materialmen,
laborers, or any other persons, firms, or corporations furnishing or supplying work,
service, materials, or supplies in connection with COUNTY's performance of this
Contract and from any and all claims and losses accruing or resulting to any persons,
firm or corporation for personal injuries or property damage resulting.from or as a
consequence of COUNTY's performance of this Contract under or in connection with any
work, authority or jurisdiction delegated to COUNTY under this Contract. It is also
understood and agreed that, pursuant to California Government Code Section 895.4,
COUNTY shall fully indemnify, defend and hold CITY harmless from any liability
imposed for injury (as defined by California Government Code Section 810.8) occurring
by reason of any action or omission of COUNTY under or in connection with any work,
authority or jurisdiction delegated to COUNTY under this Contract. COUNTY shall act
in an independent capacity and not as officers, employees or agents of CITY.
8. Where contract funds are withheld, and at the request and expense of
CITY, COUNTY will accept securities equivalent to the amount withheld. Such
substituted security, meeting the requirements of Government Code Section 4590, shall
be deposited with COUNTY, or with a State or federally chartered bank as escrow
agent. If security is deposited with an escrow agent, it shall be covered by an
escrow agreement.
9. In the event of CITY's failure to comply with the provisions of this
Contract, COUNTY may withhold funds and/or terminate this Contract and allocate
funds previously assigned to this Contract to another eligible project(s) within the
Urban County.
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IN WITNESS WHEREOF, CITY has caused this Contract to be executed by its Mayor
and attested by its Clerk; COUNTY has caused this Contract to be executed by the
Chairman of the Board of Supervisors and certified by Clerk of the Board, all having
been duly authorized by the City Council of CITY and the Orange County Board of
Supervisors.
CITY OF TUSTIN
Dated: By
A'rr ~.ST:
City Clerk
Mayor
APPROVED
Date
City Attor ney~d'~'~l~d~'
COUNTY OF ORANGE, a political subdivision
of the State of California
Dated:
SIGNED AND CERTIFIED THAT A COPY OF
THIS DOCUMENT HAS B~ DELIVERED TO
THE CHAIRMAN OF THE BOARD.
By
Chairman of the Board of Supervisors
COUNTY
LINDA D. ROBERTS
Clerk of the Board of Supervisors
of Orange County, California
APPROVED AS TO FORM:
ADRIAN KUYPER, COUNTY COUNSEL
ORANGE COUNTY, CALIFORNIA
By
a/cD ~<~ ~ '
I24:bjg'DH8-4.11
11/27/85
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Exhibit 'A' to COUNTY/CITY Contract
SPECIAL P~OVIS IONS
A. Section 3 - Compliance with the Provision of Trainin9 Employment and
Business O~Dor tunity
The CITY shall cause or require to be inserted in full in all contracts
and subcontracts for work financed in whole or part with federal financial
assistance provided under this Contract, the Section 3 clause set forth in 24 CFR
135.20(b). The CITY will provide such copies of 24 CFR Part 135, as may be
necessary for the information of parties to contracts required to contain the said
Section 3 clause.
Section 3 requires that to the greatest extent feasible, opportunities
for training and employment be made available to lower income residents within the
unit of local government or metropolitan area (or non-metropolitan county), in which
the project is located. In addition, to the greatest extent feasible, contracts for
~ork in connection with the project shall be awarded to business concerns which are
located in, or in substantial part owned by, persons'residing in the same unit of
local government or metropolitan area (or non-metropolitan county), in which the
project is l°Cated.
The parties to this contract will comply with the provisions of said
Section 3, and the regulations issued pursuant thereto by the Secretary of Housing
and Urban Development set forth in 24 CFR 135, and all applicable rules and orders
of the Department issued thereunder prior to the execution of this contract. The
CONTRACTOR shall take appropriate action pursuant to the subcontract upon a finding
that the subcontractor is in violation of regulations issued by the Secretary of
Housing and Urban Development, 24 CFR 135. The CONTRACTOR will not subcontract with
any subcontractor where it has notice or knowledge that the latter has been found in
violation of regulations under 24 CFR 135. The parties to this contract certify and
agree that they are under no contractual or other disability which would prevent
them from complying with these requirements. (Source: Title 24 CFR 135 revised
April 1, 1984.)
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The contractor will take affirmative action to ensure that applicants are employed
and ~hat employees are treated during employment, without regard to their race,
color, religion, sex, or national origin. Such action shall include, but not he
limite~ to, the following: Employment, upgrading, demotion or transfer, recruitment
advertising, layoff or termination; rates of pay or other forms of compensation and
selection for training, including apprenticeship. The contractor agrees to Dost in
conspicuous places, available to employees and applicants for employment, notices to
he provided by the CITY setting forth ~he provisions of this nondiscrimination
clause.
2. The contractor will, in all solicitations or advertisements for
employees placed by or on behalf of the contractor state that all qualified
applicants will receive consideration for employment without regard to race, color,
religion, sex or national origin.
3. -The ~ontractor will send to each labor union or representative of
workers with which he has a collective bargaining agreement or other contract or
understanding, a notice advising the said labor union or worker's representatives of
the contractor's co,m~itment under Section 202 of Executive Order 11246 of
September 24, 1965, and shall post copies of the notice in conspicuous 'places
available to employees and applicants for employment.
4. The contractor will comply with all provisions of Executive Order
11246 of September 24, 1965 and of the rules, regulations and relevant orders of the
Secretary of Labor.
5. The contractor will furnish all information and reports required by
Executive Order 11246 of September 24, 1965 and by the rules, regulations and order
of the Secretary of Labor or pursuant thereto and will permit access to his books,
records and accounts by the Department and the Secretary of Labor for purposes of
investigation to ascertain compliance with such rules, regulations and orders.
6. In the event of the contractor's noncompliance with the
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such compliance; and that it will otherwise assist the above parties in the
discharge of.its primary responsibility for securing compliance.
The CITY further~agrees that it will refrain from entering into any
contract or contract modification subject to Executive Order 11246 of September 24,
1965, with a contractor debarred from or who has not demonstrated eligibility for,
Government contracts and federally assisted construction contracts pursuant to the
executive, order and will carry out such sanctions and penalties for violation of
equal opportunity clause as may be imposed upon contractors and subcontractors by
HUD or the Secretary of Labor pursuant to Part II, Subpart B of the Executive Order.
In addition, the CITY agrees that if it fails or refuses to comply with these
undertakings, the COUNTY may take any or all of the following actions: Cancel,
terminate or suspend in whole or in part ~he grant or loan guarantee; refrain from
extending any further assistance to the CITY under the program with respect to which
the failure or refusal occurred until satisfactory assurance of future compliance
has been received from such CONTRACTOR. (Source: H/CD Funding Agreement %4 and
Executive Order 11246, Part II, Subpart B, Section 202, Title 24 CFR 130, revised
April 1, 1984.)
C. Federal Labor Standards
Except with respect to the rehabilitation of residential property
designed for residential use for less than eight families, the CITY and all
contractors engaged under contracts in excess of $2,000.00 (Two Thousand Dollars and
no/100) for the construction, prosecution, completion or repair of any building or
work financed in whole or in part with assistance provided under this contract,
shall comply with HUD requirements pertaining to such contracts and the applicable
requirements of the regulations of the Department of Labor under 29 CFR Parts 3
(Copeland Act), 5, and 5a (Davis-Bacon Act), governing the payment of wages and the
ratio of apprentices and trainees to journeyman: Provided, that if wage rates
higher than those required under such regulations are imposed by state or local law,
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2. Title VIII of t_he Civil Rights Act of 1968 (Pub. L. 90-284), as
amended, administering all programs and activities relating to housing and con, unity
development in a manner to affirmatively further fair housing; and will take action
to affirmatively further fair housing in the sale or rental of housing, the
financing of housing, and the provision of brokerage services.
3. Section 109 of the Housing and Community Development Act of 1974,
and the regulations issued pursuant thereto (24 CFR Part 570.602), which provides
that no person in the United States shall on the grounds of race, color, national
origin, 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 provided under this Part.
4. Executive Order 11063 on equal opportunity in housing and
nondiscrimination in the sale or rental of housing built with Federal assistance.
(Source: Title 24 CFR Part 570.601, revised April 1] 1984)
E. Accessibility/Usability of Facilities and Buildings for Physically'
HandicaDped
The CITY in any activity directly or indirectly financed under this
contract shall require every building or facility (other than a privately owned
residential structure) designed, constructed, or altered with funds provided under
this Part to comply with the "American Standard Specifications for Making Buildings
and Facilities Accessible to, and Usable by, the Physically Handicapped," Number A-
l17.1-R 1971, subject to the exceptions contained in 41 CFR 101-19.604. The CITY
will be responsible for conducting inspections to insure compliance with these
specifications by any contractor or subcontractor. (Source: 24 CFR Part
570.202(K), revised April 1, 1984)
F. Relocation
1. The CITY in any activity directly or indirectly financed under this
contract shall:
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G. Lead-Based Paint Hazards
The construction or rehabilitation of residential structures with
assistance provided under this Contract is subject to the ~u Lead-Base Paint
regulations, 24 CFR Part 35. Any grants or loans made by the CITY or work performed
by the CITY for the rehabilitation of residential structures with assistance
provided under this Contract shall be made subject to the provisions for the
elimination of lead-base paint hazards under subpart C of said regulations and the
CITY shall be responsible for the inspections and certifications required under
Section 35.24 thereof. (Source: H/CD Funding Agreement %5 and 24 CFR Part 35 and
570.608 revised April 1, 1984)
H. Flood Disaster
This Contract is subject to the requirements of the Flood Disaster
Protec. tion Act of 1973 (P.L. 93-234). No portion of the assistance provided under
this Contract is approved for acquisition or construction purposes as defined under
Section 3(a) of said Act, for use in an area identified by the Secretary as having
special flood hazards, which is located in a community not then in compliance with
the requirements for participation in the national flood insurance program pursuant
to Section 201(d) of Said Act; and the use of any assistance provided under this
Contract for' such acquisition or construction in such identified areas in
communities then participating in the national flood insurance program shall be
subject to the mandatory purchase of flood insurance requirements of Section 102(a)
of said Act.
Any Contract or Agreement for the sale, lease or other transfer of land
acquired, cleared, or improved with assistance provided under this Contract shall
contain, if such land is located in an area identified by the Secretary as having
special flood hazards and in which the sale of flood insurance has been made
available under the National Flood Insurance Act of 1968, as amended, 42 U.S.C. 4001
et seq., provisions obligating the transferree and its successors or assignees to
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2. Agreement by the contractor that he will comply with all the
requirements of Section 114 of ~he Clean Air Act, as amended (42 USC 1857c-8) and
Section 308 of the Federal Water Pollution Control Act, as amended (33 USc 1318)
relating to inspection, ~onitori~g, entry, reports and information, as well as all
other requirements specifie~ in said Section 114 and Section 308, and all
regulations and guidelines issued thereunder.
3. A stipulation that as a condition for the award of the contract
prompt notice will be given of any notification received from t_he Director of the
EPA, Office of Federal Activities Or any agent Of the office, that a facility
utilized or to be utilized for the contract is under consideration to be listed on
the EPA list of Violating Facilities.
4. An ~greement by the contractor that he will include or cause to be
included the criteria and requirements in paragraph (1) through (4) of ~is section
in every non-exempt subcontract and requiring that the contractor will take such
action as the Government may direct as a means of enforcing such provisions.
In no event shall any amount of the assistance provided under this
contract be utilized with respect to a facility which has given rise to a conviction
under Section 113(c) (1) of the Clean Air'Act or Section 309(c) of the Federal Water
Pollution Control Act. .(Source: H/CDFunding Agreement %6)
J. Management Com%~liance
The CITY in any activity directly or indirectly financed under this
contract shall comply with regulations, policies, guidelines and requirements of OMB
Circular No. A-102, Revised, and Federal Management Circular 74-4: Cost principles
applicable to grants and contracts with State and local governments, and Federal
Management Circular 74-7: Uniform Administrative Requirements for grant-in-aid to
State and local governments as they relate to the application, administration,
acceptance and use of Federal funds under this Part. (Source: Title 24 CFR Part
570.200(4) revised April 1, 1984)
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revised April 1, 1984)
N. Prohibition Against Payments of Bonus or Colission
The assistance provided under this contract shall not be used in the
payment of any bonus or colissiOn for the purpose of obtaining HUD approval of the
application for such assistance Qr HUD approval of application for additional
assistance of any other approval or concurrence of HUD required under this contract,
provided,- however, that reasonable fees or bona fide technical, consultant,
managerial or other such services, other than actual solicitation, are not hereby
prohibited if otherwise eligible as program cost.
%12)
(Source: H/CD Funding Agreement
which limits the political activity of employees.
570.458(14)(M)(X1), revised April 1, 1984)
P. Definitions
Hatch Act Compliance
The CITY and COUNTY shall comply with the provisions of the Hatch Act
(Source: Title 24 CFR Part
Throughout these Special Provisions the meaning of words shall be that
meaning given by the act, regulation, Executive Order, Federal Management Circular,
agreement, or rule cited herein as the source for the section in which the word
appears.
Q.
(Source: Orange County Counsel)
Note
Federal Management Circular 74-7 has been replaced with Office of
Management and Budget (0~) A-102.
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757.02
Ezhi~t t "B"
- Coatract No. C&0200
744
744.0.3,,,,
Project Area
TUSTIN
ENVIRONMENTAL
MANAGEMENT AGENCY