HomeMy WebLinkAboutCC 4 PUB FAC'S IMPROV'S 01-7-85 TO: HONORABLE PAYOR AND CTTY COUIICIL
FROM: COll4UIlI'rY DE¥£LOPIqENT DEPARTMENT
SUBJECT: PROPOSED CONTRACT FOR PUBLTC FACILITIES mPROVEMENTS,
HOUSING & CO~UNXTY D~YELOPHENT ACT OF 1974
Enclosed is the proposed contract for the HCD 10th year which implenmnts the
Public Facility Improvenmnts portion of our application. This $100,000 will be
used to construct street' improvemnts in the South "B" Street/Mitchell Target
area.
The City Attorney has reviewed the contract and finds it satisfactory.
R£COI~EMDATIO#:
Approve the contract as submitted.
' Y4ARY~ANN CHAMBERLAIN,
Associate Planner
MAC: do
eric. contract
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.... ', Con~aet No.* C40055
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TITLE OF PROJECT: Public Facilities and Improvements (J15.2)
~/~ORA~i OF CONTRACT entered into this
day of ,
19 .
BY AND BETWEEN
CITY OF '~'u~'~-IN a municipal corporation,
hereinafter referred to as CITY,
and
u~u~l"Z OF ORAN~, 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 amended, hereinafter referred to as CO~I~I~.
~REAS, COUNTY and CITY previously entered into a Cooperation Agreement,
dated November 24, 1981, in which both parties agreed to cooperate in the
undertaking, or assist in the undertaking, of co~aunity development and housing
assistance activities, and
~EREAS, the CITY has submitted to the C0u~T~ an al~plication for funding
of a project hereinafter described, and
~1~S, the C0~NT~ has entered into a separate agreement dated July 24,
1984, with the U. S. Deper~ment of Housing and Urban Development (hereinafter
designated as HOD) to fund said project under the Housing and Community Develo~ent
Act of 1974 (Public Law 93-383), aa amended (hereinafter referred to as ACT).
NOW, '£~ORE, IT IS AGREED by and between the parties that the following
provisions as well as all apl~licable Federal, State and County laws and regulations
including the attached SPECIAL PI%0VISIONS, identified as EXHIBIT 'A', and all other
attached Exhibits, are parc of this Contract.
1. For the Pu~OSES OF '£~S CONTRACT the follo~ing definitiuns shall
apply t
responsibility is not l~mited to ~he following:
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a. Project Manager: The party responsible for, but whose
Contracting, monitoring and
Contra=t No. ¢40065
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implementing the project.
b. Construction Bid Package: A package of bidding documents which
includes proposal, bidding instructions, contract documents, detailed estimated
costs and plans and spe=ifications for a construction projact 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 fun~s for the
project and submit proof of payment to the COUNTY, whereby upon approval the C0~fY
will forward Cv.~unity Development Blook Grant (hereinafter referred to as C~G)
funds to repay the CITX.
2. It is unders~ that the CITY is solely responsible for
implementation of the project, described as: Public Facilities and Improvements
(J15.2). CITY will utilize Crag funds for the continuation of a multi-year street
construction project that will include: street reconstruction, sidewalks, curbs and
gutters, and street lights in the "B "/Mitchell Street target area (EXHIBI~ 'BJ) ·
This project is in support of the Housing Rehabilitation Program for the same target
area.
3. It is agree~ 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, 1985. 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 the 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 cumpletion date.
4. CITY agrees:
a. Any amendment(s) to this Contract shall be submitted to and
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~, .... ., Con=act No. C¢0065
approved by the COUNTY, prior to coe~encement by CITY of any activity covered by
said am~_nclment (s).
b. To be Project Manager for said project and ~o submit any and all
third-party contracts funded through this Contract to DII~ECTOI~ for review 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 specifically provided for in Section 5.a. of this Contract.
d. To submit the Construction Bid Package for this project to
DII~ECTOR 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 DII~ECTOR has approved Construction Bid Package.
CITY shall coust=uct project in accordance with the Construction Bid Package which
DII~CTOR approved unless prior w~itten approval is received from DII~ECTOR for
mo~ ification thereof.
That all work shall be done in accordance with all applicable
ee
CITY regulations.
f.
To maintain accounting records, official files, and other
evidence pertaining to costs incurred as required by all applicable H~D regulations,
and all of these shall be accessible for the purposes of monitoring, surveys, audits
and examinations by duly authorized representatives of CC~l~ or H~D. 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 receipt of HUD C~SG funds.
g. That the project shall be maintained to ensure maximum feasible
benefit and utilization by low- and mode=ate-income persons.
h. That DIRECTOR, shall periodically monitor the CITY's progress in
complying with the terms of this Contract. CITY shall cooperate fully during such
monitorings. D~RECTC~ shall report the findings of each monitoring to the CITY and
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'"" Con,act No. C40065
Orange County Board of Supervisors.' If it is determined by the Board of Supervisors
that perfort~ce or progress on L~erformance is unsatisfactory, the Board of
Supervisors may withhold further funding on the project pending resolution of the
unsatisfactory condition(s) or may ~ermina~e this Con~ract. In addition, ~he Boa~:d
of Supervisors may require the CITY to relmhu=se COu-dTY any £unds that it determines
~o be improperly expended or not expended on the project in a timely manner based on
applicable Crag Program regulations.
i. That if it is determined by h0u that funds were not expended in
compliance with the applicable federal laws and regulations, CITY will refund ~o
COUNTY as soon as practicabie such sums as were determined by' H l ID to have been
improperly expended.
J. ~hen the project is completed all unexpended funds remaining
will be returned to the COUNTY as soon as practicable. COUNTY may then allocate
returned funds to another Urban County project(s) at the discretion of the Board of
Supervisors.
k. To assume responsibility loc con~liance 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
Design and Inspection $ 10,000.00 (Ten Thousand Dollars and
no/100).
and no/lO0).
Dollars and no/100).
Construction Contract ~ 90r000.00 (Ninety Thousand Dollars
$100,000.00 (One Hundred Thousand
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" Contract No. C40065
follows.'
and no/lO0).
Dollars and no/100).
Based on the above estimate, this project will be financed as
Block Grant Funds
~100~000.00 (One Hundred Thousand
$100,000.00 (One Hundred Thousand
c. C0uWRf 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 CO~AT~Z under this
Contract.
e. Cash advances requested by the CITY under this Contract shall be
made by the COUNTY to the CITY if the following conditions are met:
(1) The CITY has demonstrated to DIRECT~ through certification
in a form prescribed by DIRECT~ 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 DIRECTS, that the CITY's financial
management system meets the standards for fund control and accountability prescribed
in Office of Manage_merit 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 P=coedures of the Housing and C~unity Development Program Office
of County's Environmental Management Agency (hereinafter referred to as EMA). These
procedures require that upon w~itten receipt of funds from the CiIINTY, the CITY
shall disburse payment to vendor(s) within five (5) working days and submit evidence
of such disbursement(s) (i.e., warrant copies, etc.) to the C~gTY.
If the CITY is subsequently found, by DIRECTS, to be in
· ~ ...~ Con.act; No. ¢40065
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noncompliance wi~h 5.e. (1) through $.e. (3), CITY shall be paid pursuant to
f. Reimbursable basis payments, as referred to in section 5.d.
above, and cash advances described in 5.e. above, shall be made in accordance with
the financial procedures of EM~. In the event of conflict between such financial
procedures and any applicable s~atutes, rules or regulations of HU~, including
Office of Management a~d Budget Circular No. A-102, the latter shall prevail.
6. Neither CO~TY nor any officer nor employee thereof shall be respon-
sible for any damage or liability occurring by reason of any action or omission of
CITY or its agents, associates, contractors, subcontractors, materiahaen, laborers,
or any other pa=sons, firms, or corporations furnishing or supplying work service,
materials, o= supplies in co~nection with C~k~s performance of th~s Contract and
from any and all cla~_~- and losses accruing or resulting to any persons, firm or
corporation for personal injuries o= property damage resulting from or as a
consequence of, CITY's performance of this Contract under or in connection with any
~rk, 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 CIT~ 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, en~loyees or agents of
C00~TY.
7. Neither CITY nor any officer nor employee thereof shall be
responsible for any damage or liability occurring by reason of any action
omission of COUNTY, 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 C0u~Yts
performance of this Contract and from any and all cla~ a~ losses accruing or
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~ .... ~ Contract No. C40065
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 C0~F~Y
unde~ this Contract. It is also understood and agreed that, pursuant to California
Government Code Section 895.4, ~ 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 C0u~TY under
this Contract. COUNTY shall act in an independent capacity and not as officers,
employees or agents of CITY.
8. ~nere contract funds are withheld, and at the request arid expense of
CITY, COUNTY will accept securities equivalent to the amount withheld. Such
substituted security, meeting the requirements of Govern_~_nt 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 escro%~ agree~ento
9. In the event of CITYts failure to co0~ly 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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~ ..... .. Con,fac= No. C40065
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IN WITN~S T~ERB~ CITY has caused this Contract to be executed by its Mayor
and attested by its Clerk; CfX~TY 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 Cou~:tl of CITY and the Orange County Board of
Supervisors.
CIT~ OF
Dated: By
Mayor
City Clerk
(X~NTYOF ORANGE, a political subdivision
of the State of California
SIGNED AND CE~F~FIED THAT A COPY OF
T~IS DOCUMENT HAS BEEN ~ELIVEi~D TO
'rms CHAIRM~N OF '~ms BOARD.
By
Chair~a~ of the Board of Supervisors
COUNTY
LINDA D. BO~
Clerk of the Board of Supervisors
of Orange County, California
APPROVED AS TO
ADRIAN KU~PER, County Counsel
~%%NGE COUNTY, C~J~IFC~T~A
JMabjgDH~-8
11/27/84
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'. Eahibit ~&' to (IK~qTY/CITY Contract
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SPECIAL PR(]VISIONS
A. Section 3 - C-~,liance With ~he Provision of Trainin~ Employment and
Business Opportunity
The CITY shall cause or require to be inserted in full in all contracts
and su~ontracts for work financed in whole or ~a=t with federal financial
assistance provided under this Contract, ~he 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 pa=ties to ~ontrac~s required to ~ontain the said
Section 3 clause.
Section 3 rec~uires that'to the greatest extent feasible, opportunities
for training and employment be made available to lower income residents within the
unit of lo, al 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 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 located.
The partie~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 CrA 135, and all applicable rules and orders
of the Department issue~ thereunder prior to the execution of this ~ontract. The
CONTPACTOR shall take appropriate action pursuant to the subcontract upon a finding
that the subcontractor is in violation of regulations issued by the Secretary of
Bousing 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 ~K 135. The parties to this contract certify and
agree that they are under no contractual or o~her disability which would prevent
them from complying with these requirements. (Source: Title 24 CFR 135 revised
April 1, 1984)
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e~l~ee or a~lican= ~o= e~l~n= ~=iUle of race, ~1o=, religion, ~x
~all include, ~= no~ be limi=~ =o, ~e roll.lng: e~l~n=, u~r~i~,
de~Ci~ or ~ansfe=; recrui~en~ adver=ising~ layoff oz ~ecmi~=i~; rs=es of pay
or o~er fo=m, ~ensa=ion~ and ~lec=ion ~o= ==aini~, incl~ing a~=en=iceship.
The CI~ shall ~s~ in ~n~i~ous places, ~ailable 2o e~l~ees ~d a~lican~s for
e~l~nt, no~i~s to ~ p:~id~ ~ ~e ~ se~i~ ~o=~ ~e pt~isions o~
~s non~is~ina~i~ clau~. The CI~ shall, in a~ ~lici~=i~s o=
advertisements loc e~l~ees pla=~ ~ o= on be~lf of the CI~, s~ate ~a~ all
qualifi~ a~li~n=s will receive cons~ecati~ fo: e~lo~n= wi=hour regard
race, ~lot, religion, sex or national origin. The CI~ s~ incorporate
foregoing te~i:e~nts of ~is paragraph in a~ of its contracts for pr~ram
and will r~ui:e all of its ~n:tac:ots lot such ~:k ~ incorporate such
:e~ire~nts in a~ s~ont:ac~ lot pt~ram ~:k. S~h ~nt:ac~ shall be
to ~ Equal ~lo~n: O~:tuni:y t~ulation 24 C~ Pat: 130 as a~licable
assisted construction
The C~ sha~ ~u~ ot to. ire ~ be insetted in full in ~y nonexe~t
contract ~d su~onttact for construction ~rk ot ~i[ication ther~f, as defined
in ~id r~ulations whi~ is paid for in ~ole or in part with assistance under the
~nt:ac~, ~e foll~ing e~al o~=tuni~y clause'.
"Duri~ ~e perfo:~ce of this contract, ~e con::ac~t ag:ees as
foll~:
1. The con=facto= w~ll not ~isc:~inate against ~y e~loyee
applicant fo: e~l~nt because of :ace, ~lot, religion, sex ot national origin.
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The contractor will ~ake affiuaative 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 ac=ion shall include, but no= be
limited'.~o, ~he following: Employment, up~rading, demotion or transfer,
advertising, layoff or termination~ rates of pay or other forms of compensation and
selection for training, including apprenticeship. The contractor agrees to pos= in
conspicuous places, available to employees and applicants for employment, notices to
be provided b~ 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 o= national origin.
3. The contractor will send to each labor union or representative of
workers wi~h w~ich he has a collective bargaining agreement or other contract or
understanding, a r~tice advising ~he 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
Secretary of Labor.
5. The contractor will furnish all information and reports required by
Execut:ive Order 11246 of September 24, 1965 and ~ 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 r.abor for purposes of
investigation to ascertain compliance with such rules, regulations and orders.
6. In the even= of the contractor's noncompliance with the
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nondiscr~ninat:io~ c~auses of ~s ~ntrac~ or w~th ~y of such rules, requ~a~i~s or
o~ders, ~s ~ntrac~ u~ ~e can~ted, ker~na~ed or suspend~ ~n w~e o~ ~n par~
~ ~e ~n~rac~or ~y be declared i~ligible for further ~vern~n~ ~n~rac~ or
f~erally assis=~ cons=ruc=ion ~n~rac~ in accordance wi~ pr~ures au~oriz~
~=i~ ~der 11246 of Sep~er 24, 1965, or ~ rules, r~ula~i~s or order of
7. ~e ~n~rac~= wi~ i~lude ~e ~r=i~ of ~e sentence
preceding pa=~raph (1) b~i~i~ wi~ ~he ~rds "Duri~ ~e pe=fo=~nce of...~ and
~e provfsi~s of paragraphs (1) ~=ough (7) in every s~con==act o= purchase order
~less exe~2~ ~ rules, regulations o= orders of ~e S~re=a=y of Labor issued
~rs~n~ ~o S~i~ 204 of ~l ~u~ve ~der 1124~ of Sep~e= 24, 1965, ~
such pr~isions will ~ bi~ing u~n each su~n=rac~o= o= vendor. The
will ~ke s~h ac~i~ wi=h resp~ =o any s~con=ract o~ purchase order as
~par~en= ~y d~=~= as a ~ans of enfo~ci~ such pr~isions, incl~i~ sanctions
for nonc~li~ce~ provided, h~ever, ~at in ~e even2 a con=fac=or b~omes
involv~ in, or is ~=ea=en~ wi~, litigation w~ a su~ontracto= o= vendor a~ a
resul= of s~h di=~=i~ ~ ~e ~pa=~en= ~e contract= ~y =eques~ ~e Uni=ed
S~a=es ~o eh=e= in~o such li~iga~ion 2o p=ot~= ~e inte~es~ of ~e Uni=~ S~a~es.
The ~ further agrees ~a~ i2 w~ll be ~ ~ ~e a~e ~al
o~==uni=y clause wi~ res~c= to l=s ~ e~l~n~ prac=ices when it
in f~era~y assisted cons=ruc=i~ ~=k. The a~e e~al o~=~uni~y clau~ is
a~lic~le =o any agent, ins=rumen=ali=y o= su~ivision of su~ CI~ ~ich does
~r=ici~=e in ~=k on or u~e= ~e
The C~ ag=~s ~ha= i= will assis= ~d c~=a~ actively
~, ~ and ~e S~=e=ary of Labor in ob=aini~ the ~liance of
~d s~con~=acto=s wi=h ~e e~al o~ort~i~y clau~ and ~e rules, regula=~ons and
relevant orders of ~e S~=e~a=y of L~o=~ ~a= i~ w~ll furnish =he CO~, H~ and
~e Secre~=y of ~r such information as ~hey ~y re~ire, for :he supervisi~s of
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such comt~liance; and that it will otherwise assist the above parties in the
discharge of its primary responsibility for securing compliance.
The CA'~¥ further agrees ~hat it will refrain from entering into any
contract .or contract modification subject to Executive Order 11246 of September 24,
19&5, 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 ~ha 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 CONTBACTOR. (Source: H/CD Funding Agreement 94 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,
aha11 comply with HUD requirements pertaining to such contracts and the applicable
re~uirements 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 journeymen: provided, that if wage rates
higher than those required unde£ such regulations are imposed by state or local law,
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no~ing he=eunde~ ia intended to relieve ~he CXTY o~ i~a obliga~i~
r~ui~e ~n~ of ~e highe~ ~a~es. The CI~ shall cau~ o~ ~i~e ~ be inserted
in ~ull, in all s~ ~n~ac~ s=j~ ~o such ~egula~i~s, p~ovisi~s m~ing ~he
=~i:e~nts of 29 ~ ~.~ and ~o~ such con~:ac~s in excess o~ $10,000,
~e '?~e=&l ~= S~nda=ds P=ovisi~s' (~ 4010) &=e ~e p~ o~ ~is ~n~=ac~.
No ava=d o~ ~e ~n~:ac~ c~e:~ under ~is s~tion of ~e ~n~ac~
s~ll ~ ~e ~ ~2 con~=ac~= who is a~ ~e ~e ~nelig~le ~de= ~e p~ovisi~s
of an~ a~licable =~la~ions of ~e ~pa:~en~ of ~o= ~o =e~ive ~ award o~ such
~n~=ac~. (Sou~: ~/~ Funding Ag=eeMn~
[o= ~liance vi~ ~e F~e=al ~o~ S~anda=ds, s~ll be ce=~ifi~
accu:a~e, ~d complete ~ ~e City Engineer o= ~e Di=~o= of P~lic
D. ~n~isc= imina~ion
The C~ in ~ ac~ivi~ di:ec~l~ o~ indi=ec~12 ~inance~ un~er
Con~ac~, shall ~ly vi~:
1. Title ~ of ~e Civil Rights Ac~ o~ 1964 (P~. L.
~e =~ula~ions issu~ pu=suan~ ~e=e~ (24 C~ Pa=~ 1), ~i~ prairies' ~a~
~:son in ~e ~i~ed S~Ces s~ll on ~e g=ou~s o~ =ace, ~1o=,
be exclud~ from pa=~icipa~ion in, be d~i~ ~e be~i~ o~, o= be o~erwise
s~j~ted ~ disc=~i~ion ~de= ~ p=~ram or activin2 ~o~ which ~he a~lican~
:e~ives F~e:al financial assis~nce and will i~ia~el~ ~ake any measures
~essa=2 ~ ef~ua~e ~is assurance. ~ any =esl proart2 o= s~=uc~u~e ~bereon
is p~id~ or i~c~ vi~ ~he aid o~ Federal financial assis~n~ ex~end~
a~lican~, ~s assurance s~ll obligate ~e a~lican~, or in ~e case o~ any
~=ansfe= o~ such pc~e=~y, anM ~:ansfe=ee, ~o= ~ha pe=i~ du:in9 ~ich ~he =esl
p=o~=~2 o= s~=uc~u=e is used fo=a ~=~se ~o= ~ich ~e F~e~al ~inancial
assistance is ex~ended, o= ~o= ano~he= purpose in, lying ~e
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services or benefits.
2. Title VIII of the Civil Rights Act of 1968 (pub. L. 90-284), as
amended, administering all programs and activities relating to housing and con, unity
developme, nt 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 t.he provision of brokerage services.
3. Sectionl 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 wi~h funds provided under t_his 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)
~.. Accessibility/Usabilit~ of Facilities and Buildings for Physically
Hand i ca~ed
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 "A~erican Standard Specifications for Making Buildings
and Facilities Accessible to, and Usable by, the Physically Handicapped," NumDer A-
llT.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
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this contract shall~
a. To ~he grea~es~ axt~n~ practicable under Sta~e law, comply
wi~b Sections 301 and 302 of Title III (Uniform Real Prope==¥ Acquisi~ion ~licy) o~
~ ~o=m ~l~a=i~ Assis=~ce ~d ~al P=o~=y ~isiti~ ~licies Act of 1970
a~d w~ll ~ly wi~ Sec=ions 303 and 304 of T~le III, ~d ~ ~lemen=ing
b. Info=m aff~ ~ns of ~ei= =~gh~s ~d of ~e
a~isition ~licies and p~edu=es set fo~ in ~e =~ula=ions a= 24 C~ Pa=~ 42
~d 570.606 =evis~ Ap=il 1, 1984)
2. The C~ s~ a~:
a. ~ly wi~ Ti=la II (~ifo=m Rel~a=i~ Assis~e) of ~he
Uniform ~l~a=ion Assistance ~d Re,1 P=~e=~2 ~isi=ion ~licies ~ of 1970 a~
~ ~lemen~i~ =~ula~i~s a= 24 ~ P~= 42 ~d 570.606~
b. Provide =el~a~i~ pa~en=s ~d offe= rel~a=i~ assis=ance
as desc=~ in S~=ion 205 of =he ~ifo=m Rel~a~ion Assis=~ce Ac~ to all persons
displaced as a =esul~ of ac~isi~i~ o~ =esl pzo~r=y fo= ~ activity assis=ed unde=
~e ~uni~y ~velo~n~ Bl~k G=an~ p=~=am. Su~ pa~n~ and assis=ance s~ll
~ pr~ided in a fsi= ~d ~nsis~en~ ~d ~i~ble ~er ~t insures ~a~ =he
=el~a~ion p=~ess d~s no~ =esul~ in diffe=ent o= sepaza=e trea~n~ of such
~=~ns on account of =ace, ~1o=, =eligion, ~i~al o=igin, sex, o= ~u=ce of
inc~ ~
di~la~men=, ~arable decen=, ~fe and s~i=a~ =~la~men= d~lli~s will be
~a~le ~ a~ d~plac~ ~lies ~d i~ividuals ~d ~= ~e r~ge of choices
avail~le ~o such pa=sons will no~ va=y on accoun= of ~ei= =ace, ~1o=, religion,
~=i~al ogigin, ~x, o= ~u=ce of i~ ~d
4. Info=m affixed ~=~ns of .~e =el~a~ion assis~nce, ~licies
and pr~ures se~ fo=~ in ~e =~ula~ions a= 24 C~ Pa== 42 and 570.606. (Sou=ce:
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Title 24 CFR Part 570.606, revised April 1, 1984)
Go Lead-Based Paint Hazards
The construction or rehabilitation of residential structures with
assistan~e provided under this Contract is subject to the HUD Lead-Base Paint
regulations, 24 CFR Part 35. Any grants o= 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 the=eof. (Source: H/CD Funding Agreement %5 and 24 CFR Part 35 and
570.608 revised April 1, 1984)
B. 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~unity 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 o= construction in such identified areas in
co,unities 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, leas~ 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
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ec seq., pcoviaiofls obligat:ing ~.he ~ans~ercee and
~in ~d Min~in, during ~e ~ership of such land, su~ fl~ insurance as
r~i~ wi~h reset ~ fi~ncial assis~e for ac~isi~i~ o~ ~ns~r~i~
~ses~unde= Section 102(a) of ~e FI~ Dias=er P=oC~=ion Ac= of 1973. Such
p~vili~s s~ ~ =~i=ed ~wi~hs~ndi~ ~e fac~ ~ ~e ~ns~=~=i~ on such
land is no= i=self fund~ wi~ assis~nce p=~d~ unde= ~is Con==ac=. (Sou=ce=
~ ~ding Ag=ee~fl-~ %3)
~e~a~ng ~o eva~ua~on o~ ~ hazards and ~ecu~ve Ocde~ ~288 re~a~
pceven~ion, ~n~oL ~d abaCe~n~ of wa~e~ ~uC~on. (Soucce:
5~0.605 ~ev~s~ Apc~ ~, ~984
contracts oc su~on~ac~s ~oc ~ck ~cn~sh~ in v~e
~nC~ac~, ~e fO~n~ ce~eMn~s (pcov~ded ~ con~ac~, s~con~ac~s and
subpoena hoc exce~in~ $~00,000.00 (~e Hond~ T~sand ~a~s and no/~00) are
exe~ ff~ ~is
~s ~cac~ ~s s~C ~o ~e ce~eMn~s o~ ~e C~ean A~c Ac~, as
~flded 42 USC ~857 e~ ~., ~e Federa~ wa~ec ~o~u~on Con~o~ Ac~, as amended
~C ~25~ e~ seq., ~d ~e c~ula~s of ~e Envi~onMn~a~ P~o~ec~on Agenc~
ces~ ~ece~o, a~ 40 ~ Pa~ ~S, as ~nd~
~n c~ce wi~h said ~egu~a~i~s, ~e C~ sAa~ cause
~ ~nse~ in ~u~l in a~ contracts and su~onCcac~s dealing v~ an~ non-exempt
~sac~ ~e~eundec ~ded vita assis~ance pcovided unde~
~. A s~a~i~ ~ ~e con~=ac~c oc s~conC~ac~o~s ~a~ ~ ~aci~c7
~o be u~iLi=~ ~n ~he pec~oc~nce of an~ non~xe~ con~ac~
~s~ed on ~e ~s~ o~ Violating Facilities issu~ ~ ~e Envi~onmen~a~ Pco~ec~on
P~e ~0 of
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Agency (EPA) pursuant to 40 C1~ 15.20.
2. Agreement b~ the contractor that he will comply with all the
r~quirements of Section 114 of the Clean Air Act, as amended (42 USC 1857c-8) and
S~Ctico 3.08 of the Federal Water Pollution Control Act, as amended (33 USC 1318)
relating to inspection, ~nitoring, entry, reports and information, as well as all
other requirements specified 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 the Director of the
EPA, Office of Federal Activities Or any agent of that 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 Agreement by the contractor that he will include or cause to be
included the criteria and requirements in paragraph (1) through (4) of ~his section
in every non-exert 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 a~unt 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/CD Funding Agreement
J. Management Co~liance
The CITY in any activity directly or indirectly financed under this
contract shall comply with the regulations, pulicies, guidelines and requirements of
O~ Circular No. A-102, Revised, and Federal Manage~nt Circular 74-4: Cost
principles applicable to grants and contracts wi~h State and local governments, and
Federal Manage~nt Circular 74-7: Uniform Administrative Requirements for grant-in-
aid to State and local governn~nts as they relate to the application,
administration, acceptance and use of Federal funds under this Part. (Sou=ce: Title
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24 CFR Par= 570.200(4) revised April 1, 1984)
K. Obli~a=ions of Contrac%or with Respect to Certain Third Par~
Rela~ionsh
" ~e .CI~ s~ =e~in fully obligated under ~e provisi~s of
concrac~ ~i~s~an~inq i~s designation of a~ ~ird 9af~y or paf~ies for ~he
p=ovid~ under ~is con=rat= ~o ~e CI~. Such ~i=d pa=~y o= parries shall
with all lawful r~uire~n=s of ~he C~ n~essa=y ~o insure ~= ~e program
=es~= =o ~ich assis=~ce is ~i~ pr~id~ ~der ~is contract =o ~e CI~
ca=ri~ out in accoEdaflce wi~ ~e CI~'s assurances ~d cer=ificati~s, including
~ose w~ =e~= =o ~e ass~=ion of env~f~men~l res~nsib~l~=ies of ~e
~er S~=ion 104(h} of ~e Housing ~d Co~ni=y Develo~en= Ac2 of 1974. (Source:
H/~ Funding A~r~n=
L. In=e=est of Ce=rain F~e=al Officials
No M~e= or ~lega=e to ~e ~ngress of ~e Un~=~ States and mo
Residen= C~issione=, s~ll be ad.=ted =o ~y share or par= of =his cont=ac=
any benefi~ ~o arise from ~e ~e. (Sou=ce= H/~ ~ing Agr~men= il0)
M. In=eFest of ~ers~ Officers or ~l~s of CI~ ~ers of ~al
~e=nifl~ B~ or O~e= P~lic O~ficials
No me.er, office= oE e~l~ee of ~e ~ o= CI~ o= i~s designees or
agents, no ~er of the g~erning ~y of the locali=y in ~ich the pr~ram is
si=~ted ~d no ocher ~bl~c official of such l~ality o= l~ali~ies who exercise
a~ rune=ions o= =es~nsibil~ties wi~ respect 2o ~e pr~ram du=i~ his tenure or
for one year ~e=eaftef, shall have any ln=e=est, direc= or indirect, in ~y
~nnection wi~h ~e p=~ram assis=ed u~er ~s con=rac~. The CI~ shall
incorporate o= cause =o be inco=~ra~, in all such con~rac=s or su~on~rac=s
provision prohibiting such in=eres= pursue= to ~e pur~ses of =his sec=ion.
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(Source: H/CD Funding Agreement %11, Title 24 Cr~ 570.611 and 570.458(14)(M)(X),
revised April 1, 1984)
N. Prohibition Against Payments of Bonus or Comission
The assistance provided under ~his contract shall not be used in the
payment of any bonus or comission 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 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 propram cost.
(Source: H/CD Fundin~ Agreement
which limits the political activity of employees.
570.458(14)(M)(X1), revised April 1, 1984)
p. Definitions
Batch Act Con~liance
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. (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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JM: bjgDH24-26
08/21/84
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7~7.0~
Exb' ~.t: "B" - Con=tact No. C40065
'55.0(
744.03
.06
i.02
Project Area
TUSTIN
ENVIRONMENTAL MANAGEMENT AGENCY