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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 1 2 3 4 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 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: /// /// -1- Contract No. C40200 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 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: III -2- Contract No. C40200 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 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 /// --3-- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 23 24 25 26 27 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- III III -4- Contract No. C40200 3 4 5 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 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 /// --5-- Contract No. C40200 1 2 3 4 $ 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 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 III -6- Contract No. C40200 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 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. /// /// /// /// -7- Contract No. C40200 1 2 3 4 5 $ 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 2~ 25 26 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 -8- 4 5 6 7 8 9 10 11 12 14 15 16 17 18 19 21 23 24 26 27 28 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.) Page 1 of 13 2 3 4 5 6 7 8 9 10 11 14 15 16 17 18 19 2O 21 22 23 24 26 27 28 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 Page 3 of 13 1 2 3 4 $ 6 7 8 9 10 11 14 15 16 17 18 19 21 23 24 26 27 28 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, Page 5 of 13 1 2 3 4 $ 6 7 8 9 10 11 12 14 15 16 17 18 19 2O 21 22 23 24 27 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: Page 7 of 13 1 2 3 4 5 6 7 8 9 10 11 14 15 16 17 18 19 21 23 24 26 27 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 Page 9 of 13 1 2 3 4 5 6 7 8 9 10 11 12 14 15 16 17 18 19 2O 21 !3 !4 2~ 27 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) Page 11 of 13 1 2 3 4 5 6 7 8 9 10 11 i3 14 15 16 17 18 19 20 21 23 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. /// /// /// /// /// /// JM: bj gARCDH5-8 2/21/8s Page 13 of 13 757.02 Ezhi~t t "B" - Coatract No. C&0200 744 744.0.3,,,, Project Area TUSTIN ENVIRONMENTAL MANAGEMENT AGENCY