HomeMy WebLinkAboutCC 6 ANNEXATION 135 06-16-86_AGEN
DATE:
JU#E 16, 1986
CONSENT CALENDAR
NO. 6
6-16-86
Inter- Corn
TO:
FROM:
SU BJ ECT:
WILLIAI~ A. HUSTON, CITY F~ANAGER
CO~ll~NI'rY DEVELOPMENT DEPARTMENT
SOUTtlEAST TUSTIN AREA: ANNEXATION NO. 135 TO Tile CITY OF TUSTIN.
COUNTY - CITY COliTRACT
RECO~ENDATION:
Approve Contract No. C40258.
BACKGROUND:
On April 10, 1985, the Orange County Board of Supervisors approved the County
HOD application to the Federal Government (HUD). Part of that grant was to
benefit Southeast Tustin {Annexation No. 135 area) for public facilities and
improvements at $125,000.00. Since the area was annexed into the City in
October of 1985, the County requested that the City take over the proposed
project and transfer the funds to the City. In March, 1986, the County HCD
Office prepared Contract No. C40258 which would transfer the funds to the City.
Attached to this memo is Contract No. C40258 which transfers $114,696.78 to the
City for the purpose of constructing a storm drain and street improvements on
Sierra Vista Drive, Karen Way and Jan Marie Place {Annexation No. 135 area).
The remaining 10,303.22 was expended by the County of Orange to perform
engineering drawings and calculations, soils tests, surveys, research, maps, and
utility letters which will be furnished to the City.
According to the Engineering Department calculations, the entire project will
cost $144,500.00; $113,400.00 for drainage system and $31,100.00 for the street
improvements. The project will be funded as follows:
HCDA Funding
Water Division Funds
City Funds
$114,696.78
23,500.00
6,303.22
Total $144,500.00
The proposed contract was reviewed and approved to form by the City Attorney.
MA[F/ ANN C~Y~MBERLAIN, ' EDWARD M. KNIGHT k ~) '-'
Associate Planner Senior Planner
MAC:pef
Attachments: Contract No. C40258
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Contract No. C40258
COUNTY OF ORANGE
ENVIRONMENTAL MANAGEMENT AGENCY
HOUSING AND CONNUNITY DEVELOPMENT CONTRACT
TITLE OF PROJECT: CITY of Tusttn, Public Facilities sad Ixproveaents
(K30.1)
MEMORANDUM OF CONTRACT entered into this day of , 19__.
BY AND BETWEEN
and
CITY OF TUSTIN, a municipal corporation,
hereinafter referred to aa CITY,
COUNTY OF ORANGE, a political subdivision of
the State of California and recognized Urban
County under the Federal Housing and Community
Development Act of 1974 (Public Law 93-383),
as aaended, hereins~ter referred to as COUNTY.
WHEREAS, COUNTY sad CITY previously entered into a Cooperation Agreeaent,
dated October 9, 1984, in which both parties agreed to cooperate in the
undertaking, or seelst in the undertaking, of community developaent and
housing assistance activities, and
WHEREAS, the COUNTY has entered into a separate agreement dated July 30,
1985, with the U.S. Department of Housln9 and Urban Developaent (hereinafter
designated as HUD) to fund amid protect under the Housing and Coeaunity
Development Act of 1974 (Public Law 93-383), as amended (hereinafter
re£erred to aa ACT), and
WHEREAS, the CITY has annexed the territory, through Annexation 135, for
which an application for funding has been approved by HUD, and
WHEREAS, both the CITY and COUNTY intend to implement the pro3ect aa
described in the Final Statement of Community Developaent Ob3ectives and
Pro~ected Uae of Funds ~or FY 85-86 Year XI, and approved by HUD, and
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Contract No.' C~0258
WHEREAS, the COUNTY will transfer said funds to the City and CITY will
accept funde for llplementation of said atora drain and etreat improvement
pro3ect on Sierra Vista Drive, Karen Way, and Jan Narie Place.
NOW, THEREFORE, IT IS AGREED by and between the partiea that the following
provieiona aa well aa all applicable Federal, State and County laws and
regulationa including the attached SPECIAL PROVISIONS, identified aa EXHIBIT
"A", and all other attached Exhibits, are part of thie Contract.
1. For the PURPOSES OF THIS CONTRACT the following definitiona ahall apply:
a. Pro3ect Manager: The party responsible for, but whose responsibility is
not limited to the following: Contracting, monitoring and implementing the
pro3ect through completion.
b. Conatruction Bid Package: A package of bidding documents which includes
propoaal, blddlng lnstructiona, contract docuaente, detailed estimated coats
and plane and epeci£1catlona for a construction pro3ect all prepared in
accordance with applicable federal regulations.
c. Director: The Director of the Orange County Environmental Management
Agency or his designee.
d. Reimburaabla Basis: The City will provide the £unda for the pro3ect and
submit proof of payment to the County, whereby upon approval the County will
foreward Community Development Block Grant (hereinsftsr referred to aa CDBG)
funda to repay the City.
2. It ia underatood that the City will act aa Pro3ect Manager for the
pro]eot described aa: CITY of Tusttn, Public Facilities and Improvements
(K30.1). CITY will utilize CDBG funds for storm drain and street
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Contract #o. C40258
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iaproveaenta on Sierra Vista Drive, Karen Way and Jan Marie Place
Exhibit
3. It ia agreed by all parties that the pro~ect shall be coapleted and all
funds provided through thin contract shall be expended on eligible pro]act
activities prior to June 30, 1987. Invoices for all approved pro3ect coats
funded by the Block Grant under this contract shall be aubsitted within
days after the above date. The date for pro3ect coapletion and expenditure
of all funds any be extended by Director through written notification to the
City. In the event of such an extension, the deadline
invoices shall be 180 days after the new completion date.
4. COUNTY agrees:
a. To furnish City with cop/es of any and all work per£oraed by County on
said pro]act for City use in completing said project.
b. That said aatsrial £urniahed to City shall include: engineering
drawings and calculations, soils teats, surveys, research~ asps, and utility
letters.
5. CITV agrees:
a. Any aaendaent to this Contract shall be submitted to and approved by the
County~ prior to cossenceaent by CITY of any activity covered by said
aaendsent.
b. To aubaAt any and all third-party contracts £unded through this Contract
to DIRECTOR for review and approval prior to award o£ such contracts by
CITY.
c. To be responsible for design and inspection, including funding the costs
related to thoee activities, unless funding £or design and inspection
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activities ia provided for in Section 6.a. of this Contract.
d, To submit the Construction Bid Package for this pro3act to DIRECTOR for
review prior to advertising {or bide on the construction contract or prior
to award of such a contract if an alternative method of award ia used. CITY
shall not advertise for bide until DIRECTOR has approved Construction Bid
Package. CITY shall construct pro3ect in accordance with the Construction
Bid Package which DIRECTOR approved unless prior written approval is
received from DIRECTOR for modification thereof.
a. That ail work shall be in accordance with ali applicable City
regulatione.
f. That the project aha11 be retained for Community Development purposes as
defined by applicable HUD provisions at a level ot operation and maintenance
to ensure maximum /mallble bens{It and utilization of the pro)eat by low-and
moderate-income persona.
g. To maintain accounting records, official files, and other evidence
pertaining to coats Incurred aa required by all applicable HUD regulations,
and all of these aha11 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
pro)act's contract period and thereafter for three (3) years from the date
of final payment of HUD CDBG funds.
h. That DIRECTOR, shall periodically evaluate the CITY's progress tn
complying with the terms of this Contract. CITY shall cooperate £ully
during such monitorings. DIRECTOR shall report the £indinga o{ each
monitoring to the CITY and Orange County Board of Supervisors. If It la
determined by the Board oi Supervzaore that performance or progress on
performance ia unaatiafactory~ the Board o£ Supervisors may withhold further
funding on the pro)eat pending resolution of the unsatisfactory condition(a)
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or nay ~erainata ~hia Contrail. Xn addition, ~he Board of 3uperviaora nay
require the CXTY to raimburae COUNTY any funde that it d~tarainaa to be
improperly expended or not expended Qn the pro3ewt Lna tinily manner baaed
on appiicabla CDBG Prograa regolationa.
I. That l~ It La deterlined by HUD that tundl Mire not expended In
coapALence vith the applicable federal ~lvl lad raguletAona, CiTY rill
retund to COUNTY la IQon la practicable auch lull Il Nra detarained by HUD
to have been Improperly expended.
3. Yhen the pro3ect la coaplated all unexpanded funds renainlng vLll be
returned to the COUNTY aa ~oon aa practicable. 'COUNTY nay than reallocata
returned funda ko another Urban County project(a) at the diacratlon o~ the
~oerd ut Supervllorl.
k. TO ISSUIi riiponltbtlLty for compliance vita the California
Environaen~al Guality Act and to provide COUNTY vith neceaaary in(orieL/on
to coaply vith the National Enviroflaantal Policy Act prior to coanenoing
pro3ict lnpleaentation.
1. To eliainate the flooding caused by the Tuatin eater dll aurfece
dlacharga off to Jan Narle Place by connecting the ~11 discharge to ·
itorm-drein lyitim at a catch benin au that no iurfacl discharge occura.
&. Pro]act Funding:
e. The pro]act coati covered by thin agrealent ere:
Land Acquiiition
Delign and Conatructlon
Conmtruction Contract
e
TOTAL I 114,696.78
b. Baaed on t~e above, thii project vii1 be financed aa follova:
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Contract #o. C40258
Block Grant Funds
Grant Funds
City Funds
~ 114,696,78
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TOTAL · 114,696,78
e, ~OUNTY shall not be rospoaelble for any comte vhich chased the approved
Bleak Grant amount.
d. Payment by the ~OUNTY to the CITY abel1 be on a reimbursable baals
unlsea CITY has been authorized end ~seued cmsh sdvsnaea by COU#TY under
thAs Contract.
o. Cash advances requested by the CITY under this Contrac~ abel1 be sade by
the COUNTY to the CITY ~f the foLlovAng ~ondAtlone ire met:
(1) The CITY has demonstrated Lo DIRECTOR through certification An a fore
preoaribed by DINKCTOB end aubd~quentiy through performance; its vlAlingnese
and capacity to Setsbllsb CITY fAnancia! procedurse that ell1 alninLze the
Slue slmpoing betveen the receipt of funds smd disbursement of such funds.
(2) The CITY certifies to DIISC'FOR, that the CITY's f/msneAal management
ayetea users the standards for fund contro~ end accountability preacrLbed In
Office o~ Nenegseent end Budget Circular No. A-102, es emended ~roa tine to
(3) Tho CITY coapiios math the Cash advance procedures roquArad by the
FlnaneAa! Procedures of the Housing end CoamunAty I)eveAopsent Progrna Office
of County°a £nvironasntal Nanageuent Agency (hereLna~ter referred to aa
ENA). Those proeadurse require that upon vritten receipt of funde frae the
COUNTY, the C~TY aha11 disburse payless to vendor vLthin five (5) vork~flg
days end subsLt evidence of such diaburneasnt(s) (i.e., varrnnt copisa~
otc.) to the COUNTY.
If the C~TY ia pubsequentiy ~ound, by DIRECTOR, to be in noncompliance
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with 6.e.(1) ~hrough 6.e.(3), CITY shall be paid on a reimbursable basis.
£. Reimburmabls bamie payments, as referred to in section 6.d. above,
and/or cash advances described in 6.e. above, shall be sade in accordance
with the financial procedures of EMA. In. the event of conflict between such
£1nanciml procedures and any applicable statutes, rules or regulations of
HUD, Including O£~lcs of Nana~ement and Budget Circular No. A-lO2, the
letter mhall prevail.
7. Neither COUNTY nor any officer nor employee thereof shell be responsible
for any damage or liability occurring by reason of any action or omission.of
CITY or its agents, associates, contractors, subcontractors, matertalmen,
laborers, or any other persons, £1rms or corporations £urnimhlng or
supplying work service, materials, or supplies in con]unction with CITY'm
per£ormance of this Contract and £rom any and all claims and losses accruing
or resulting to any persons, firm or corporation for personal in3urtes or
damage resulting £rom or aa a consequence of, CITY's performance of
this Contract under or in connection with any work, au~hority or
3urisdiction delegated to CITY under this Contract. It is also understood
and agreed that, pursuant to California Government Code Section 895.4, CITY
shall /ully 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 ]urtadlction delegated to CITY under this
Contract. CITY shall act in an Independent capacity and not aa of~icera,
employees or agents of COUNTY.
8. Neither CITY nor any officer nor employee thereof shall be responsible
for any damage or liability occurring by reason of any action or omission
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COUNTY, its agents, associates, contractors, subcontractors, saterialsen,
laborers, or any other persona, liras, or corporations furnishing or
supplying work, service, saterlals, or supplies in connection with COUNTY's
perforaence of this Contract and fros any and all clalaa and losses accruing
or resulting to any person, firs or corporation for personal injuries or
property dsaage resulting froa or as a consequence of COUNTY's perforsance
of this'Contract under or in connection with any work, authority or
jurisdiction delegated to COUNTY under this Contract. It ts also understood
and agreed that, pursuant to California Governsent Code Section 895.4.,
COUNTY shell £ully indesnify, defend and hold CITY harslaaa fros any
liability isposed for injury (as defined by California Governaent Code
Section 810.8.), occurring by reason of any action or oaiasion 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 aa officers, aeployees or agents of CITY.
9. Nhera contract funds are withheld, and at the request and expense of
CITY, COUNTY will accept securities equivalent to the aiount withheld. Such
substituted security, seating the requtresenta of Governaent Code Section
4590, shall be deposited with COUNTY, or with a State or federally chartered
bank ss escrow agent. If security ia deposited with an escrow agent, it
shall be covered by an escrow agreeaent.
10. In the event of CITY's failure to colply with the provisions of this
Contract, COUNTY say withhold funds and/or tersinate this Contract and
allocate funds previously assigned to this Contract to another eligible
pro]eot(a) within the Urban County.
Contract No..C40258
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IN WITNESS WHEREOF, CITY has caused this Contract to be executed by its
~ayor and attested by its Clark, COUNTY has caused this Contract to be
executed by the Chalrsan o~ the Board of Supervisors and certified by Clerk
o~ the Board al! having been duly authorized by the City Council oi CITY and
the Orange County Board o£ Supervisors.
CITY of TUSTIN
Dated:
ATTEST:
By.
Mayor
City Clerk
COUNTY of ORANGE, a political subdivision
of the State of Call£ornia
Dated: By
SIGNED AND CERTIFIED THAT A COPY OF
THIS DOCUMENT HAS BEEN DELIVERED TO
THE CHAIRNAN OF THE BOARD.
Chalrean of the Board of Supervisors
ORANGE COUNTY
LINDA D. ROBERTS
Clerk of the Board of Supervisors
of Orange County, California
APPROVED AS TO FORN:
ADRIAN KUYPER~ County Counsel
ORANGE COUNTY, CALIFORNIA
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Contrac..~o. C40258
Exhibit '&' ~o COUNTY/CITY Contract
SPECIAL PROVISIONS
A. Section 3 - Compliance with the Provision of Training Employment and
Business Opportunity
The CITY shall cause or require to be inserted in full in all contracts
a~ 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 tx; 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
work in connection with the projec% 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 located.
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 Develo[m~ent 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
CC~TBACTOR 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 Develo~ent, 24 CFR 135. The cO~rTRACTOR will not subcontr.act 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 l, 1984.)
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B. Equal Employment Opportunity
In carrying out ~he program, the CITY shall not discriminate against any
employee or applicant for employment because of =ace, color, religion, sex or
national origin. The CITY shall take affirmative action to ensure tha~ applicants
for employment are employed and that employees are treated during employment,
without regard to their race, color, religion, sex or national origin. Such action
shall include, but not be limited to, the following: employment, upgrading,
demotion or transfer; recruitment advertising; layoff or termination; =ares of pay
or other form, compensation; and selection for training, including apprenticeship.
The CITY shall post in conspicuous places, available to employees and applicants for
employment, notices to be provided by the COUNTY setting forth the provisions of
this nondiscrimination clause. The CITY shall, in all solicitations or
advertisements for employees placed by or on behalf of the CITY, state that all
qualified applicants will receive consideration for employment without regard
race, color, religion, sex or national origin. The CITY shall incorporate the
foregoing requirements of this paragraph in all of its contracts fo= program
and will require all of its contractors for such work ~o incorporate such
requirements in all subcontracts for program work. Such contracts shall be subject
to HUD Equal Employment Opportunity regulation 24 CFR Part 130 as applicable to HUD
assisted construction contracts.
The CITY shall cause o= require to be inserted in full in any non-exempt
contract and Subcontract for construction work or modification the=eof, as defined
in said regulations which is paid for in whole o= in part with assistance under the
Contract, the following equal opportunity clause:
'During the performance of this contract, the contractor agrees as
follows:
1. The contractor will not discriminate against any employee or
applicant for employment because of race, color, religion, sex or national origin.
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The contractor will take affirmative action to ensure that applicants are employed
and that employees are treated during employment, without regard to their race,
color, religion, sex, or national origin. Such action shall include, but not be
limited 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 post in
conspicuous places, available to employees and applicants for employment, notices to
be provided by the CITY setting forth the 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 contractor 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 commitment 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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nondiscrimination clauses of this contract or with any of such rules, regulations or
orders, ~his contract may be canceled, terminated or suspended in whole or in part
and the contractor may be declared ineligible for further Government contracts or
· federally assisted construction contract in accordance with procedures authorized in
Executive Order 11246 of September 24, 1965, o= by rules, regulations or order of
the Secretary of Labor or as otherwise provided by law.
7. The contractor will include the portion of the sentence immediately
preceding paragraph (1) beginning with the words 'During the performance of...' and
the provisions of paragraphs (1) through (7) in every subcontract or purchase order
unless exempted by rules, regulations or orders of the Secretary of Labor issued
pursuant to Section 204 o~ the Executive Order 11246 of September 24, 1965, so that
such provisions will be binding upon each subcontractor or vendor. The contractor
will take such action with respect to any subcontract.or purchase order as the
Department may direct as a means of enforcing such provisions, including sanctions
for noncompliance~ provided, however, that in the event a contractor becomes
involved in, or is threatened with, litigation with a subcontractor or vendor as a
result of such direction by the Department the contractor may request the United
States to enter into such litigation to protect the interest of the United States.
The CITY further agrees that it will be bound by the above equal
opportunity clause with ~espect to its own employment practices when it participates
in federally assisted construction work. The above equal opportunity clause is not
applicable to any agency, instrumentality or subdivision of such CITY which does not
participate i~ work on or under the contract.
The CITY agrees that it will assist-and cooperate actively with
COUNTY, HUD and the Secretary of Labor in obtaining the compliance of contractors
and subcontractors with the equal opportunity clause and the rules, regulations and
relevant orders of the Secretary of Laborl that it will furnish the COUNTY, HUD and
the Secretary of Labor such information as they may r. equlre for the supervisions of
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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 the 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 CONTI~ACTOR. (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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nothing hereunder is intended to relieve the CITY of its obligation, if any, to
require payment of the higher rates. The CITY shall cause or require to be inserted
in full, in all such contracts subject to such regulations, provisions meeting the
requirements of 29 CFR 5.5 and for such contracts in excess of $10,000, 29 CFR 5.
The "Federal Labor Standards Provisions" (auu 4010) are made part of this contract.
No award of the contracts covered under this section of the contract
shall be made to any contractor who is at the time ineligible under the provisions
of any applicable regulations of the Department of Labor to receive an award of such
contract. (Source: H/CD Funding Agreement ~7)
All documents submitted by the CITY to the COUNTY which are required for
compliance with the Federal Labor Standards, shall be certified as being true,
accurate, and 'complete by the City Engineer or the Director of Public Works.
(Source: Orange County H/CD)
D. Non-Discrimination
The CITY in an activity directly or indirectly financed under this
co~tract, shall comply with:
1. Title VI of the Civil Rights Act of 1964 (Pub. L. 88-352), and the
regulations issued pursuant thereto (24 CFR Part 1), which provides that no person
in the. United States shall on the grounds of race, color, or national origin, be
excluded from participation in, be denied the benefits of, or be otherwise subjected
to discrimination under any program or activity for which the applicant receives
Federal financial assistance and will immediately take any measures necessary to
effectuate this assurance. If any real property or structure thereon is provided or
improved with the aid of Federal financial assistance extended to the applicant,
this assurance shall obligate the applicant, or in the case of any transfer of such
property, any transferee, for the period during which the real property or structure
is used for a purpose for which the Federal financial assistance is extended, or for
another purpose involving the provision of similar services or benefits. Page 6 of 13
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2. Title VIII ~f the Civil Rights Act of 1968 (Pub. L. 90-284), as
amended, administering all programs and activities relating to housing and community
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 bf brokerage services.
3. Section 109 of the Housing and C~m~unity 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 ofhousing built with Federal assistance.
(Source: Title 24 CFR Part 570.601, revised April 1, 1984)
E. Accessibility/Usability of Facilities and Buildings for Physically
HandicapDed
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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a. To the greatest extent practicable under S~ate law, comply with
Sections 301 and 302 of Title III (Uniform Real Property Acquisition Policy) of the
Uniform Relocation Assistance and Real Property Acquisition .Policies Act of 1970 and
will comply with Sections 303 and 304 of Title III, and HUD implementing
instructions at 24 'CFR Part 42; and
b. Inform affected persons of their rights and of the acquisition
policies and procedures set forth in the regulations at 24 CFR Part 42 and 570.606
revised April 1, 1984)
2. The CITY shall also:
a. Comply with Title II (Uniform Relocation Assistance) of the
Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and
HUD implementing regulations at 24 CFR Part 42 and 570.606;
b. Provide relocation payments and offer relocation assistance as
described in Section 205 of the Uniform Relocation Assistance Act to all persons
displaced as a result of acquisition of real property for an activity assisted under
the Community Deve'lopment Block Grant Program. Such payments and assistance shall
be provided in a fair and consistent and equitable manner that insures that the
relocation process does not result in different or separate treatment of such
persons on account of. race, color, religion, national origin, sex, or source of
income;
3. Assure that, within a reasonable period of time prior to
displacement, comparable decent, safe and sanitary replacement dwellings will be
available to all displaced families and individuals and that the range of choices
available to such persons will not vary on account of their race, color, religion,
national origin, sex, or source of income; and
4. Inform affected persons of the relocation assistance, policies and
procedures set forth in the regulations at 24 CFR Part 42 and 570.606. (Source:
Title 24 CFR Part 570.606, revised April 1, 1984)
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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 HUD Lead-Base Paint
regulations, 24 C~R Part 35. Any grants or loans mede by the CITY or work performe~
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
Protection 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 co.l.unity not then in compliance with
the requirements for participation in the national floo~ 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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obtain and maintain, during the ownership of such land, such flood insurance as
required wi~h respect to financial assistance for acquisition or construction
purposes under Section 102(a) of ~he Floc~ Disaster Protection Act of 1973. Such
provisions shall he required notwithstanding the fact that the construction on such
land is not itself funded with assistance provided under this Contract. (Source:
H/CD Funding Agreement 93)
The CITY shall comply with the provisions of Executive Order 11296,
relating to evaluation of flood hazards and Executive Order 11288 relating to the
prevention, control, and abatement of water pollution. (Source: Title 24 CFR
570.605 revised April 1, 1984)
I. Compliance with Air and Water Act~
The CITY shall cause or require to be inserted in full in all non-exempt
contracts or subcontracts for work furnished i'n whole or in part by the grant
contracts, the following requirements (provided that contracts, subcontracts and
subloans not exceeding $100,000.00 (One Hundre~ Thousand Dollars and no/100) are
exempt from this part:
This Contract is subject to the requirements of the 'Clean Air Act, as
amended 42 USC' 1857 et seq,, the Federal Water Pollution Control Act, as amended 33
USC 1251 et seq., and the regulations of the Environmental Protection Agency with
respect thereto, at 40 CFR Part 15, as amended from time to time'.
In compliance with said regulations, the CITY shall cause or require to
be inserted in full in all contracts and subcontracts dealing witah any non-exempt
transaction thereunder funded with assistance provided under this contract, the
following requirements:
1. A stipulation by the contractor or subcontractors that any facility
to be utilized in the performance of any non-exempt contract or subcontract is not
listed on the list of Violating Facilities issued by the Environmental Protection
Agency (EPA) pursuant to 40 CFR 15.20.'
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1 2. Agreement by the contractor that he will comply with all the
2 requirements of Section 114 of the Clean Air Act, as.amended (42 USC 1857c-8) and
3 Section 308 of the Federal Water Pollution Control Act, as amended (33 USC 1318)
4 relating to inspection, monitoring, entry, reports and information, as well as all
5 other requirements specified in said Section 114 and Section 308, and all
. 6 regulations and guidelines issued thereunder.
7 3. A stipulation that as a condition for the award of the contract
$ prompt notice will be given of any notification received from the Director of the
9 EPA, Office of Federal Activities or any agent of the office, that a facility
10 utilized or to be utilized for the contract is under consideration to be listed on
_11 the EPA list of Violating Facilities.
~ 4. An Agreement by the contractor that he will include or cause to be
13 included the criteria and requirements in paragraph (1) through (4) of-this section
14 in every non-exempt subcontract and requiring that the contractor will take such
15 action as the Government may direct as a means of enforcing such provisions.
16 In no event shall any amount of the assistance provided under this
17 contract be utilized with respect to a facility which has given rise to a conviction
18 under Section 113(c)(1) of the Clean Air Act or Section 309(c) of the Federal Water
19 Pollution Control Act. (Source: H/CD Funding Agreement %6)
20 J. Management Compliance
21 The CITY ih any activity directly or indirectly financed under this
9.9. contract shall comply with regulations, policies, guidelines and requirements of OMB
23 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
Z5 Management Circular 74-7: Uniform Administrative Requirements for grant-in-aid to
26 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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K. Obligations of Contractor with Respect to Certain Third Party
Relationships
The CITY shall remain fully obligated under the provisions of this
contraot notwit_hs~ding its designation of any ~hird party or parties for the
undertaking of any part of the program with respect to which assistance is being
provide~ under ~his contract to. the CITY. Such third party o= parties shall comply
with all lawful requirements of the cITY necessary to insure that the program with
respect to which assistance is being provided under this con~ract to the CITY is
carried out in accordance with the CITYts assurances and certifications, including
those with respect to the assumptio~ of environmental responsibilities of the CITY
under Section 104(h) of the Housing and Comunity Development Act of 1974. (Source:
H/CD Funding Agreement %9)
L. Interest of Certain Federal Officials
No member of .Delegate to ~he Congress of the ~nited States and no
Resident Comissioner, shall be admitted to any share or part of this contract or to
any benefit to arise from the same. (Source: H/CD Funding Agreement {10)
M. Interest of Membersr Officers Or Employees of CITY, Members of Local
Governin~ Body or Other Public Officials
No member, officer or employee of the COUNTY or CITY or its designees or
agents, no member of the governing body of the locality in which the program is
situated and no other public official of such locality or localities who exercise
any functions or responsibilities with respect to the program during his tenure or
for one year' thereafter, shall have any interest, direct or indirect, in any
contract, subcontract or the proceeds thereof, for work to be performed in
connection with the program assisted under this contraot. The CITY shall
incorporate or cause to be incorporated, in all such contracts or subcontracts a
provision prohibiting such interest pursuant to the purpose of this section.
(Source: H/CD Funding Agreement {11, Title 24 CFR 570. 611 and 570. 458 (14) (M) (X) ,
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revised April 1, 1984)
N. Prohibition Against Payments of Bonus or C~-~ission
The assistance provided under this contract shall not he used in the
payment of any bonus or co~m~ission for the purpose of obtaining HUD approval of the
application for such assistance or HUD approval of application for additional
assistance of any other approval or concurrence of HUD required under ~his 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. (Source: H/CD Funding Agreement
%12)
0. Hatch Act Complianc~
The CITY and COUNTY shall comply with the provisions of the Hatch Act
which limits the political activity of employees. (Sou=ce: Title 24 CFR Part
570.458(14) (M) (Xl), revised April 1, 1984)
P. Definitions
Throughout these Speci'al 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. (Source: Orange County Counsel)
Q. Note
Federal Management Circular 74-7 has been replaced with Office of
Management and Budget (OMB) A-102.
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III
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J~: bJgARCDHS-8
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Southeast Tustin
Scope of Work - Phase
- --18 inch storm dra£n
m catch basin
%x\~%repave streets
Contract No. C40258
Exhibit "B" to COUNTY/CITY Contract