HomeMy WebLinkAboutCC 6 PUB FAC'L IMPROVS 12-19-83DATE: December 19, 1983
CONSENT CA T.~-ND~
12-19-83
Inter-Corn
ID: .Honorable Mayor & City Council Members
FROH: Co~nunityDevelopment Department
SUbjECT:Proposed Contract for Public Facilities Improvements, Housing
and Co~Luu~nity Development Act of 1974 (HCD)
Enclosed i~ the proposed contract for the HCD Act 9th year
which implements the Public Facility Improvements portion
of our application. This $75,000.00' will be used to con-
struct street improvements in the South "B# Street/Mitchell
Target Area.
The City Attorney has reviewed the contract and finds it
satisfactory.
RECOMMENDATION
Approve the contract as submitted.
Chamberlain
Associate Planner
Enclosure: Contract
Contract No. C26940
COUNTY OF ORANGE
~ MANAGEmeNT AGENC~
~OU$ING AND COMMUNITY DEVELOPM~I~T CONTRACT
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
TITLE OF PROJECT: Public Facilities and Improvements (I15.2)
~40P~I~M OF C0~I~ entered into this day of
19
BY AND
and
CTTY OF Tu~TIN, a municipal corporatim,
hereinafter referred to as' CITY,
COUNTY OF O~NGE, a political subdivisic~ of
the State of California and recognized Urban.
County under'the Federal Housing ~ C_~unity
DeveLopment Act of 1974 (Public Law 93-383)
as a~-ded, hereinafter referred to as <.,~u~-zz.
~m~AS, COUI~"~ and CITY previously entered in~o a Cooperation A~ree~ent,
dated NoviCe= 24, 1981
of a projec= ~rei~z descrY, ~d
~, ~e ~
1983 wi~ ~e U. S. ~=~nt of H~s~ng a~
designated as ~) ~ f~d sa~d p=oj~t
~t of 1974 (P~i~c Law 93-383), as ~d~ (he=et~fter referr~ to as A~).
~W, 'r~, ~ IS A~D ~ ~d helen ~e parties ~at ~e fo~ng
provisions as well as all a~licable Federal, S~te and ~unty laws ~d regulations
i~lud~ ~ attached SPEC~ P~ISI~S, i~ntifi~ as E~ "A
at~ched ~hibits, are .part of ~is ~n~act.
apply
a. Project Manager= The party responsible for, but whose
responsibility is not limited to the following= Contracting, monitoring and
Contract No. C26940
implementing the project..
b. Co~st~uctio~Bid Packager A package of bidding documents which
includes proposal, bidding instruction, contract documents, detailed estimated costs
and plans and specifications fo= a construction project allprepared in accordance
with applicable federal regulations~
Director=' The Directo~ of the Orange County Environmental
Management Agency.
6
?
$ l~m~ursable Basis= The CITY will provide the funds fo=
9 project and submit proof of payment to the C~o~Y, whereby upon approval the
10 will forward ~?unity DeveSt Block Grant funds to repay the CITY.
11 2. It is, understoo~ ~h~t the Cr~Y is solely responsible for
1~ implementation of the project, described as~ Public Pacilitiee and Improvements
1~ (I1~.2). The. CITY will utilize (~BG funds fo= the constructic~ and installatio~ of
14 1,285 linear feet of sto~ drain. The storm drain is to be lcoated on 'B' St=est
15 northerly of Mitchell Avenue and on Nisson Road from ~B' Street to 800~ west on
16 Nisson Road (see Map EXHIBIT
17 It is'agreed by all parties that funds provided through this Contrac~
18 shall be expended on eligible project activities prio£ to December 31, 1984. In the
19 even~ that the CITY has not submitted appropriate invoices for all approved project
~0 costs funded by the Block Grant prior to December 31, 1984, this Contract shall be
~1 subject to terminati~l at the discretion of the COUNTY. CITY may, prior to the
~2 Contract termination date, make written request to DIRECTOR for extension thereof.
23 Such request may be granted by D~RECTOR upon his' written concurrence of good cause.
2.4 3. c~'Tyagrees:
25 a. Any amendment(s) ~o this Contract shall be submitted ~0 and
26 approved by the COUI/TY, p£ior to commencement by CITY of such project.
27 b. TO be P~oJect Manage~ for said project and to submit any and
28 all third-party contracts funded through this Contract to DIRECTOR for review prior
\ ~ Contract No. C26940
I to award of such contracts by CITY.
~- c. · To be. responsible fo= design an~ inspectio~, including funding
3 the costs =elated to those activities, unless funding fo= design and inspection
4 activities is provided fo= in Sect/c~ 4.a. of' this Contract.
5 d~ To submit the Co~etructio~ Bid Package for this project to
6 DII~CTOI~ fo= =ev/ew prior to solve=rising for bids on the construction contract or
? prior to award of s~ch a Co~tract if sole source procurement is used. CIT~ shall
6 not adve£~£se for bid~ until DIRECTOR has approved Construction Bid Package. C1~
9 shall construct project i~n accordance with the Constructico Bid Package which
10 DLI~ECTOR approved~ unles~ prior written approval is received from D~R fo=
11 deviation therefrom.
12 e. That ~ll work shall be in accordance with. CITY's governing
13 building and 'safety codes.
14 fo To ~intain accounting records, official files, and other
15 evidence 'pertaining to coats incurred as required by all applicable HUD regulations,
16 and all of these shall b~ accessible fo= the purposes of ~onitoring, surveys, audits
17 an~ examinations by duly authorized representat/ves of COUNTY or' HUD. These
16 shall be kept available at CITY'S office during ~he project's contract pe£iod and
19 thereafter fo= three (3) years from the date of final payment of HUD Co~unity
20 Development Block G~ant funds.
9'1 g. That the project shall be constructed fo= C~unity Development
~ purposes as defined by applicable ~OD provisions to ensure maximum feasible benefit
~ and utilization of the project by lo~- and ~oderate-income persons.
~4 h. That DIRECT(~ shall periodically evaluate the CITY's progress
~ in complying with the terms of this Contract. CITY shall cooperate fully in such
9.~ evaluation. DIRECTOR shall report the findings of each evaluation to the CITY and
2~ Orange County Board. of Supervisors. If it is determined by the Board of Supervisors
~8 that performance or progress on ~erformance is unsatisfactory, the Board of
~ Contract No. c25940
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Sups=visors may withhold further funding on the project pending resolution of the
unsatisfacto£y condition(s) or ~ay ~emaina~e this Con,act. In addition, the Board
of Supervisors may require reimburse _~_nt of any f~nds that it determines to be
improperly expended or no~ expended on the project i, a timely ma~ne=.
I. That if it is subsequently dete£mined by COUNTY Or ~um that
funds were not expended in .ccaapliance with the applicable feds=al laws and
regulations, CITY will refund ~o OOUNTY such sums as were improperly expended.
j. When the project is completed all unexpended funds remaining
will he returned to the COURTY. COUNTY may then reallocate returned fmlds to other
Urban County aotivities at the discreticel of the Board of Supervisors.'
k. TO' ase-~ responsibility fOr California Environmental Quality
Act compliance and to p=0vide COUliTZ wi~h necessat7 info~ation to ccsaply with the
National Environmental Pol/cy Act..
Dollars and no/lO0)..
Dollars and no/lO0).
b.
follows =
Dollars and no/100).
Dollars and no/100).
C.
a. The ese!mated projec~ cost(s) covered by this agreement is:
I~nd ACquisition
Design and Inspection
Construction Contract
$75,000.00 (Seventy-Five Thousand
$75,000.00 (Seventy-Five Thousand
Based on the above estimate, this project will be ftnsaced as
Block G=an~ Funds
$75,000.00 (Seventy-Five Thousand
$75,000,00 (Seventy-Five Thousand
OOUNTY shall not be responsible for any costs which exceed the
-4-
Contract NO. C26940
1 approved Block Grant amount.
2 do Payment by the COUN~ ~o the CITY shall be on a
3 basis unless CI~"~ has been authorized and issued cash a~vancas by COUNTY uader this
4 Contract.
~ e. Cash advances requested by the C. ITYunde= this Contract shali be
6 me~e by the COmqTY to ~e C~TY if the followin~ccndi~/ons are net~
? (I) The CITY has demonstrated to DIP~CTOR through certificatic~
8 in a form preec£~bed by D~RECTOI~and subsequently ~hrough perfo~nce, its
9 willingness and ability to e~tablish p~oceduree that will mi-~m~ze the time elapsing
10 between the receipt of funds and d~shursement of such funds.
11 (2} The CI~certifise to DII~ECT~t, that the C~TY's financial
~ management sys~emmee~ the s~anda=ds for fund control and accountabilityprescribed
13 in Office of Management and BUdget C~rcula~ No. A-102 as amended fr°m t~me
14 (3) The C~T~ co~lies with the cash advance procedures as shaI1
1§ be required by the Financial Procedures of the Housing. and Co~unity Development
16 Program Office. of County's Environmental Management Agency (hereinafter EMA). These
I~ procedures require that upon written receipt of funds from the COUNTY, the CITY
18 shall disburse payment to vendor within five (5) working days and submit such
1~ evidence ~i.e., warrants, etc.) to the COUNTY.
~0 If the CITY is subsec/~en~ly found, by DIRECTOR, to be in
21 noncompliance with 4.e.(1).through 4'.e.(3) CITY shall be paid pursuant to 4.d.
~- f. Re4m~ursablebasis payments, as referred to ~n section 4.d.
~ above, and/or cash advances ~eecrihed in 4.e. above, shall be made in accordance
~ with the financial procedures of EMA. In the event of conflict between such
~ financial procedures and any applicable statutes, rules or regulations of BTJD,
~ including Office of Management and Budget Circular No. A-102, the latter shall
~? prevail.
~ 5. Ne/that COUNTY nor any officer ncr employee thereof shall be respon-
,~ : Contract ~o, (::26940
I sible for any d~,,~_qe or liability occurrinq by reason og any action or o~ission of
9 CITY o£ its agents, associates, contractors, subcontractors, materialmen, laborers,
3 o= any other persons, firms, or corporations furnishing or supplying work service,
4. mater.isis, or supplies in connecti0~ with Cr~-ft s performance of this Contract and
from any and all clad_.~ and lossos accruing or resul~ing to any personsr firm o=
corporation fo=' personal in~uL~ies o= property damage resulting from or asa
? consequence of, CI~Xts perfor~ce of' ~his Contract under or in connection with any
work', autho=it-~ ax ~urisdio~i~l delegated to C1'--~ under this Contcact. ~t is also
9 understoo~ and agreed that, pursuant to Cal/f°rnia Government Cods Sec~i. on 895.4~
10 CIT~ shall gully indemnigy~ defend end hold COUNTY harmless from any liability
11 imposed for injury- (as define~ by Caligornia Government Code Section 810.8)
19. occurring by reason of any actio~ o£ c~iss~o~ of'CITY under o= in connection with
any work, autho='ity' or jur£sdia=ion delegated to CITY under th~s Contract. CITY
shall act in an independent, capacity and not as officers, -n?loyees or agents of
15 camTY.
16 6. Neither CITT nor any office= nor employee thereof shall be
responsible for any damage or liability occurring by reason of any action or
c~issic~ of COUNTX, its agents, associates, contractors, subcontractors,
19 materia__l~en, laborers, or any other persons, f~rms, or corporations furnishing or
supplying work, service, materials, or supplies ~n connection with COUNTY's
91 performance of this Contract and from any and all c/aims and losses accruing or
99. resulting to any persons, firm or corporation for personal injuries or property
damage resulting from or as a consequence of COUI~TY'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 iD~emnify, 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
Co~tzact No. C26940
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
2O
21
22
23
in connection with any work,, authority or jurisdiction delegated to COUNTY under
this C°nt=act. COUNTY shall act in an independent capecit-y and not as officers,
employees or agents of' CITY.
7. ~here contract funds ace withheld, and at the request and expense of
CITY, COUNTY will accept securities equivalent to the amount withheld pursuant to
Sectio~ 9-3.2. Such substituted security, meeting the £equirments of' Government
Code Section 4590, shall he deposited with COUI~, or with a State oF federally
chartered hank as escrow agent. If security is deposited with an escrow agent, it
sb~ll he covered by an escrow aq£ee~ent.
8. In the event of C~T~ls failure to' comply with the provisicos of thi~
Contract, COUNTY mair at its discretion withhold funds and/o= reallocate funds to
another activity considered by the COUNTY to be in compliance w~th the ACT'.
//I
//I
III
///
///
//I
///
///
///
III
III
24 //I
25 ///
26 //I
27 III
~ /11
-7--
Contract No. C26940
6
7
8
9
10
11
12
13
15
16
17
18
19
2O
21
22
23
24
25
26
27
28
IN W~TNESS Tm~l~EOF, CItY has caused ~his Contract to be executed by its Mayor
and attested by its Clerk; COUNTY ha8 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 Coup~il of CITY and the Orange County Board of
Supe~visors.
C~'r= OP T~STIN
Dated: By
Mayor
City Clerk
OOUNTY O~ O~ANGE, a political subdivision
ofthe State of California
Dated: By
SIGNED AND CEI~IFIED THAT A COPY OF
THIS D0~O~ENT HAS BEEN DELIVE~ TO
THE C~AIRMAN OF THE BOARD.
Chairman of the Board of Supervisors
CO~TY
JUNE ALEXANDER
Clerk of the Board of Supervisors
of Orange County, California
APPROVED AS TO FORM:
ADRIAN ~u~PER, County Counsel
ORANGE COUNTY, CALIFORNIA
")
By
KS: ktbHCD04 (C26940)
-8-
Exhibi~ 'A" to COUNTY/CITY Contract
S~EC/AL
A. Section 3 - ~l~an~ W~ ~e Pr~is~on of Train~nq ~l~ent and
Bus,ness ~tuni~
~e C~ m~11 ~use oz r~i=e to ~ inse~ted in full in all ~nt=acts
~d s~racts for ~rk finan~ in whole oz ~=~ vi~ fade=al financial
~s~s~ pr~ded ~der Chis C~rac~, ~e Section 3 c~ause se~ ~oE~h ~n 24
MfaFy ~0= ~e ~nfo~ofl of ~r~es ~o ~nt=ec~s =~red co ~nta~n the said
Secti°n 3 clause.
S~t~on 3 r~u~res ~at to ~e greatest extent ~easible,
for t=atfl~ng an~ ~l~eflt ~ ~de ava~hble ~ 1~; in~ ;esi~eflts w~t~ifl tAe
~it o~ 1~ go~t~nt-o~ metto~li~n area (oF non-mett~litan ~unty),
~e p~oject is l~ated. In addition, to the gceatest extent ~easible, con~zacta for
~rk in ~ect~on w~h ~e proJ~t shall ~ award~ ~o business ~ncerns w~ic~ are
l~a~~ in, oF in s~s~ant~al part ~ed ~, peE~ns =esid~ng ~n the s~e un'it of
l~al go~F~n~ o= Mtro~li~an area (o= n~-~e~ro~litan ~unty), in which the
p=ojec~ is l~a~.
The part~es ~o ~i8 ~n~=act w~ll ~ly with the prov~s~o~ of said
Section 3, and ~he r~ula~ions ~ssued pu=su~t ~here~o by the Secretary of Housing
a~d UFban Devel~ent set fo=~h In 24 ~K 135, and all applicable rules and orde=s
of ~e ~pa=~n~ iosu~ the=e~deF p=~or ~o ~e execution of ~his con~=ac~. Thu
C~ shall take a~rop=~a~e action ~rs~n~ ~o ~e su~ont=ac~ u~n a f~nding tha~
~e su~ntrac~oF ~s ~n viola~on of =eguh~ons lssu~ ~ ~he Sec=etary of Housing
~ Urb~ ~lo~en~, 24 ~ 135. ~e ~n~rac~or w~ll not s~n~ract w~th any s~-
~=~tor wheEe i~ ~s no, ice or kn~led9e that ~ lethe= ~s ~en found
la~on of regula~l~s ~deE 24 ~R 135. ~e ~=ties ~o this ~ntract certify a~d
~ fE~ ~lying w~ ~ese =~nts. (Sou=~: Vol. 38, No. 203, T~le 24
Pa~e i of 14
race, color, religion, ~ex or national or~gin.
1 B. Equal Employment ~ortunit¥
2 In carrying out the program, the CITY shall not discriminat® against any
3- Ilployee or aPPlicant for elployment because of race, color, religion, sex or
4 ~ational or~gin. The CITY shall ~ake affi~mative action to insure that applicants
5 for I~ploy~nt are emplOYed and that emplOYees are treated during employment,
6 without regard to, their race, color, religion, sex or national origin. Such action
7 shall include, but not be l~J~ited to, the follo~ing: employment, upgrading,
8 de~otion or t£anaferl recruit3aent advertiaingl layoff or te~mination~ ~rates of pay
9 Or other form, compenaation~ and aellction for training, including apprenticeship.
10 The CITY shall post in conspicuous places, available to employees and applicants for
11 e~ploy~ent, notices to be provided by the COUNTY setting forth the provisions of
1~ this nondiscrimination clause. The CITY shall, in all solicitations or
13 advertisements for emplOYees placed by or on behalf of the CITY, state that all
14 qualified applicants will receive consideratio~ for employment without regard to
The CITY shall incorporate the
16 foregoing r~quire~ents of this paragraph i~ all of its contracts for program work
17 and will require all of its contractors for such work to incorporate such
18 requirements in all subcontracts for program work. Such contracts shall be subject
19 to HUD Equal Employment Opportunity regulation 24 CFR Park 130 as applicable to HUD
~0 assisted construction contracts.
21 The CITY shall cause or require to be ~nserted in full in any nonexempt
~. contract and subcontract for conatruc21on work or modification thereof, as defined
~3 in laid regulations which is paid for in whole or in part with assistance under the
~4 Contract, the following equal opportunity clause:
~ "During the performance of this contract, the contractor agrees as
~6 follows=
~7 1. The contractor will not discriminate against any employee or
~8 applicant for employment because of race, color, religion, sex or national o~igin.
Page 2 of 14
1
$
4
6
7
8
9
10
11
12
13
14
15
16
17
18
19
2O
21
22
23
24
25
26
27
28
The contractor will take a£fiz~ative action t~ anaura that applicants are
and that esaplo~ees ara treated durin~ e~plolnaent, without re~ard to their race,
color, religion, sex, or national oriqin. ' Such action shall ir~lude, but. not be
limited to, 'the folloving: E~plol~ent, upqrading, demotion or transfer, recruitment
advertiainq, layof£ or terminations rates o£ pay or other forms of coa~ens&tion and
selection for trainin9, includin9 apprenticeship. The contractor agrees to post in
conspicuous places, available to e~ployeea and applicants flor employment, notices
be provided by the CI~Y aettinq £orth the provisions of this nondiscrimination
2. The contractor will, in all solicitations or advertisements for
e~ployeea placed by or on behalf of the contractor state that all qualified
applicants will receive consideration for emplo1~ent without reqard to race, color,
religion, sex or national origin.
3. The contractor will send to each labor union or representative
~ozkers with which he has a collective har~aininq agreement or other contract or
understandinq, a notice advising the said labor union or worker's representatives
the contractor's ~.--.it~ent under Section 202 o~ Executive Order 11246 of Sepeember
2~, 1965, and shall lmost copies of the notice in conspicuous places available to
employees and applicants lot emploMment.
4. The contractor will comply with all provisions cE Executive Order
1124~ of September 24, 1965 and of the rules, requlations and relevant orders of the
Secretary of ~ahor.
$. The comtractor will ~urnish all infor~ation and reports req,,ired by
Executive Order 11246 o£ September 24, 196~ and by the rules, regulations and order
of the Secretar2 of Labor or imrsuant thereto and will permit access to his
records and accounts b~ the Department and the Secretary of Labor for purposes of
investigation to ascertain om~lla~'~ with such rules, requlstions amd orders.
6. Xn the event of the co~tfactor'a mom~mal~liance with the
nondiscr~.£nation clauses o~ ~ls contract o= ~ ~ o~ ,,ch =uSes. regulations o=
o~de~s, ~s ~n~=ac~ ~y ~ cance~, ~e~na~ed o= su~nd~ ~n ~o~e o= in part
~uttve Order 12246 of Septet 24, 1965, or by rules, regulations or order of
~e Secretary of ~r o~ as o~e~tse pr~ide~ ~ lay.
7. ~e ~n~actor will ~clude ~e ~rtion of the sentence i~diately
preceedin9 ~rag=aph (1) ~gi~in9 wi~ ~e ~rds "During ~e ~=Eor~nce of...' and
~e provisions of ~raqra~s (l) through (7) in every s~ntrac~ or ~rc~se order
~less exe~led ~ rules, requlalions or orders of 2he Secreta~ of ~r issued
~rsuant to Section 204 of ~e ~ecutive Order 11246 of Septe~er 24, 1965, so that
such pr~isions ~ill ~ bindi~ ~n each s~on~=ac~o= or vendor. ~e contractor
~ill ~ake such action with reset to any s~nt=act or ~rchase order as the
~par~ent ~y direc~ as a ~ans of enEorctn9 such pr~isions, including sanctions
~or n~lia~e; provide, ~Ver, ~at in the even~ a ~n~rac~or ~omes
involved in, or is threatened with, litigation wi~ a su~ontractor or vendor as a
resul~ of such di~tion by ~e ~r~ent the contractor ~ r~uest the United
States to en~e= in~ such litigation to protect ~e interes~ of 'the United States.
~e CI~ ~urther ~r~s tha2 it ~ill be ~und by ~he a~ve equal
~rtunity clause with reset to its ~ ~lo~n~ practices when It participa~es
in ~eral$y assisted ~nstruction ~rk. The a~ ~ual ~r~uni~y clause is not
a~licable to ~y agent, ins~ntality o~ su~ivision of such CI~ which d~s no~
~ticipa~e in ~rk on or ~der ~e
~e CZ~ agr~s ~at it will assist a~ ~ate actively with
~, ~ ~d the ~creta~ oi ~r in o~ainin~ ~e ~lian~ of con,racOons
and s~n~:ac~rs vi~ the ~al ~talty clause a~ the rules, r~ulations and
relevan~ orders of ~e S~=etary of ~ ~at it ~ill [u=nish the ~, H~ and
~e S~retary of ~a~r s~h infor~tion as ~ey ,ay =~lre for the s~e=visions of
P~e 4 of 14
I such coupllance~ and ~hat it will o~hervise easis~ ~he above parties in .~he
2 di~harge o~ i~s p~ ~ea~sibility ~o~ s~u~i~ ~liance.
3.. ~e CI~ ~ur~e~ ~r~s ~ac it will refrain ~ en~e~i~ into any~
4 ~n~Eact o~-~ntrac~ ~lfi~i~ s~ec~ ~ ~ecutive Order 11246 of Sep~e~er 24,
5 1965~ wi~ a ~n~ac~r debarr~ ~zm o= ~o has no~ d~ns~a~eS eX~gibilA~2 fo~,
6 ~e~n~ ~n~rac~s ~ ~erallM assis~ ~s~ruc~i~ ~n~ac~ pu~suan~ ~o ~he
7 execu~ive orde~ and will car~M ou~ su~ sa~io~ a~ ~nal~ies fo~ viola~ion of
8 ~al ~unA~M clause as ~y ~ t~oed u~n ~n~ac~o~s and su~on~ac~o~s ~
9 auO o~ ~e Secre~a~M of L~r ~rs~n~ ~o P~ IX, S~ B o~ ~he Rx~u~ive Order.
10 In addi~Aon, ~he CX~ agrees ~a~ if i~ ~ail. or ~efuses ~o ~1~ wi~ ~hese
~ ~de~akings, ~e ~Y ~ ~ke any o~ all o~ ~he ~oll~ing ac~ons: C~cel,
~ ~eEmina~e o~ sus~nd in ~ole o~ ~n par~ ~e g~ o~ lon gua~an~ee~ ~e~ain f~om
~3 ex~ending any further assis~a~e ~o ~e Cl~ ~de~ ~he pr~am wi~ ~es~c~ ~o whAch
14 ~e ~ailu~e oz ~efusal ~u=~ed un~A1 sa~isfac~ozM 'assurance of ~u~u~e ~mpl~ance
~5 has ~en ~eived fr~ such ~OR. (Sou~: H/~ F~ding Agzeemen~ J4 and
16 ~ecu~ive OrdeF ~246, Par~ XX, S~par~ B, S~ion 202)
17 C. Federal ~a~ S~aFds
18 ~pt wi~ ~es~ ~o ~e.~ehabili~ion of =esiden~ial probity .
~9 designed fo= residen~ial use foe less th~ eight families, the CI~ ~d all
~ ~n~rac~ors engaged under ~n~Eac~ An ex. ss of $2,000.00 (~o Thousa~ ~llars and
~1 no/lO0) for ~he cons~ruction, p~osecution, ~le~i~ o~ repair of ~y building o=
~ ~rk ~inanced in whole or in ~rt wi~ assistance provided under ~his ~ntract,
~ shall ~ly wi~h ~UD r~ul=eMn~ ~=~aining to such ~nt=ac~s and the a~licable
~ =~if~nts of ~e ~ulations of ~e ~nt of L~ ~r 29 ~ Par~s 3
~ (~land ~t), 5, and Sa (Davis~a~n ~), governing the ~ent of wages and the
~ ratio of appren~ices a~ train, s to JouE~n= P=~id~, ~at if wage rates
~ higher ~an ~8e r~ired ~der such regulations are ~s~ by s~e or l~al law,
~ ~i~ hereunder is in~e~ to Feline the C~Y of its obliga~iofl, if any, ~o
Page 5 of 14
i require payment of the higher rates. The CITY shall cause or require tO be inserted
2 in full, in all such con~racts subject to such regulations, provisions meeting the
3' requirements of 29 CFR 5.5 and for such contracts in excess of $10,000, 29 CFR 5a.3.
4 The "Federa~ Labor Standards Provisions" (~uv 4010) are nade part of this contract.
$ Ho award of the contracts covered under this section of the contract
6 shall be made to any contractor who is at the time ineligible under the provisions
? of any applicable regulations of the Departnent of Labor to receive an award of such
8 contract. (Source: H/CD Funding Agreement ~7)
9 All docunents submitted by the CITY to the COUNTY which are required
10 for compliance with the Federal Labor Standards, shall be certified as being true,
11 accurate, and complete by the City Engineer or the Director of Public Works.
1~ (Source~ Orange County H/CD)
13 D. Non-Discrimination
14 The CTTY in any activity directly or indirectly financed under this
15 contract, shall comply with:
16 i. Title VI of the Civil Rights Act of 1964 (Pub. L. 88-352), and
17 the regulations issued pursuant thereto (24 CFR Part 1), which provides that no
18 person in the United States shall on the grounds of race, color, or national origin,
19 be excluded from participation in, be denied the benefits of, or be otherwise
~0 subjected to discrimination under any-program or activity for which the applicant
21 receives Federal financial assistance and will imediately take any measures
~- necessary to effectuate this assurance. If any real property or structure thereon
~ is provided or l~roved with the aid of Federal financial assistance extended to the
~4 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
~6 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
~8 services or benefits.
Page 6 of 14
1
2
3'
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
21
23
24
25
26
2. Title VIII of ~he Civil Rights Act of 1968 (Pub. L. 90-284), as
emnded, edministerin~ all programs and activities relating to housing and conmunity
d~velolxnent in a Rennet to affirmatively fur~he£ fair housing; and will take action
to af£iz~uatively further fair housing in the sale or rental of housing, the
financing of housing, and ~he provision of brokerage services.
3. Section 109 of the Housing and Ca~uuunity Develol~nent Act of
1974, and the regulations issued pursuant thereto (24 CFR Part 570.601), which
provides that no parson 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
nondiscr~£nation in the sale or rental of housing built with Federal assistance.
(Source.* Vol. 43, Ho. 42, Title 24 CFR Part 570.307(L 1-4))
Accessibility/Usability of Facilities and Buildings for Physically
Handicapped
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-
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 570.307(K))
F. Relocation
1. The CITY in any activity directly or indirectly financed under
this contract shall:
To the greatest extent practicable under State law, comply
Page ? of 14
1
2
4
5
6
?
8
9
10
11
13
14
15
16
with Sections 301 and 302 of Title Il! (Uniform Real Property Acquisition Policy) of
the Uniform Re~ocation Assistance and Real Property Acquisition Policies Act of 1970
~nd vi11 cc~ply with Sections 303 and 304 of Title III, and BUD implmaenting
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.$02(b).
2. The CITY shall also:
a. Comply with Title 2! (Uniform Relocation Assistance) of the
Uniform Relocation Assistance and Real'PrOperty Acquisition Policies Act of 1970 and
uuu implementing regulations at 24 ~ Part 42 a2d
b. Provide relocation payments and offer relocation assistance
aa 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 unde~
the Conununtty Development Block Grant Program. Such payments and assistance shall
be provided in a fair and conststen2 and equitable manner that insures that the
17 ' relocation process does not result in different or separate trea~nent of such
18 persons on account of race, color, religion, national o~igin, sex, or source of
19 income~
20 3. Assure that, within a reasonable period of time prior to
21 displacement, comparable decent, safe and sanitary replaceman~ d~elltngs will be
22 available to aZ1 displaced femtltns and individuals and that the range of choices
~] available to such persona will not vary on account of their race, color, religion,
24 national origin, ~ex, or source of income; and
~ 4. Inform affected persons of the relocation assistance, pol£cies
26 and procedures set forth in the regulations at 24 CFR Part 42 and 570.602(a).
· 7 (Source= Vol. 43, No. 41 Title 24 CFR Part 570.307 (n & o))
~8 G. Lead-Based Paint Basarda
Page 8 of 14
· h~ cons~uction or rehabilitation o~ rasidential structures with
assistance provided under this Contract is subject to the HI~ ~ad-Base Pain~
r~uhtions, 24 ~ Part 35. ~y gran~ or ~ns Mde by ~e Cl~ or ~rk ~=fo~med
~ ~e C~*for ~e :e~blli~tion of res~dentia~ structures' w~ asSiStance
provid~ ~de~ ~is C~zac~ shaX1 ~ ~de s~ ~o ~e provisions ~o~ ~e
el~ina~i~ o~ leed-~se ~in~ hazards ~der su~a~ n o~ sand regula~ions and ~he
CX~ sh~l ~ re~ibXe ~oz ~e ins~ions and cez~i~ica~io~ r~ir~ unde~
Section 35.14(~) ~e~eof; (Source: H/~ Yundin~ ~e~n~ JS and 24 ~R Par~ 35)
H. FI~ Disas~
This ~n~rac~ As s~ec~ ~o ~e z~i~eMn~s o~ ~he FI~ Disas~e~
Pro~ec~ion ~ o~ 1973 (~.L. 93-234), No ~ion of ~e assAstance p~ovi~ed unde~
this ~n~zac~ As a~d ~or a~uisi~ion o~ ~ns~ruc~ion pu~es as defined unde~
SeCtion 3(a) of said Ac~, ~or use i~ ~ area iden~i~i~ by the S~reta~2 as havin~
s~ial ~ hazards, which is l~a~ed in a
~e z~uireMn~ ~oz pa~icipa~on in ~he na~ionaX ~ insu~ p~o~am ~rsuan~
~o Section 20~ (d) o~ Said ~ an~ ~e use o~
Con~ac~ ~o~ such a~uAsA~ion or c~s~ruc~Aon ~n such iden~i~i~ areas
~uni~les then ~r~lcipa~in~ In ~e na~Ao~l
subjec~ ~o ~e ~flda~o~ purchase o~ ~1~ ~flsurance r~uAremen~s
o~ said
~y ~n~=ac~ or Agr~Mnt ~or ~he sa~e, ~ease or o~e= ~zafls~er o~ land
a~ired, c~eared, or ~r~ed w~ ass~s~ce pr~ided under ~h~s Con~=ac~ sha~Z
~.~a~,, i~ such ~and ~s ~a~ed in ~ area iden~od by ~e S~re~ary as bavin~
s~c~a~ ~ hazards ~d in ~Ach ~e sa~e of f~ ~nsu=ance b~s been ~e
avai~abSe ~= ~e Na~iona~ Y~ ~nsuEa~e Ac~ of ~968, as rended, 42 ~.S.C. 400~
e~ s~., prov~s~o~ ob~iga~ing the ~=ans~e~=ee
~tain a~ M~nta~n, during ~e ~ershlp of such ~an~, such ~ insurance as
· ~=~ v~ ~e~ ~ ~nancia~ assistance ~o~ ~u~s~ion or
P~e 9
'1 purposes under Section 102(a) of the Flood Disaster Protection Act of 1973. Such
2 provisions shall be required notwithstanding the fact that the construction on such
I] land is not itself funded with assistance provided under this Contract. (Source:
4 H/CD Funding:Agree~ent %3)
5 The CITY shall co~ply with the provisions of ~xecutive Order 11296,
6 relating to evaluation of flood hazards and ~xecutive Order 11288 relating to the
7 prevention, control, and abatement of water pollution. (Source= Vol. 43, No. 41,
8 Title 24 CFR 570.307(j))
9 I. Compliance with Air and Water Acts
10 The CITY 8hall cause or require to be inserted in full in all nonexempt
11 contracts or subcontracts for work furnished in whole or in part by the grant
12 contracts, the following r~quirements (provided that contracts, subcontracts and
13 subloans not exceeding $100,000.00 (One Hundred Thousand Dollars and no/100) are
14 exempt from this part:
15 This Contract is subject to the r~quirements of the Clean Air Act, as
16 amended 42 USC laS? et seq., the Federal Water Pollution Control Act, ss amended 33
17 USC 1251 et seq., and the requlations o£ the Environmental Protection Agency with
18 respect thereto, at 40 CFR Part 15, as amended iron time to time.
19 In ~pliance with said regulations, the CITY shall cause or require to
~0 be inserted in full in all contracts' and subcontracts dealing with any non-exempt
21 transaction thereunder funded with assis~ance provided under this contract, the
· ~ follo~ing requirements:
~ 1. A stipulation by the contractor or subcontractors that any facility
~4 to be utlliznd in the performance of any non-exempt contract oF subcontract is not
~ listed on the list of Violating Facilities issued by the Environmental Protection
26 Agen=y (DA) pursuant to 40 C~R 15.20.
~'/ 2. Agreement ~y the contractor that ha will c~ly with &ll the
~8 require~ents of Section 114 of the Clean Air Act, as amended (42 USC 1857c-8) and
Page 10 of 14
1 Section 308 of ~he Federal Water Pollution Control Act, aa amended (33 USC 1318)
9. relatin9 to inspection, ~onitoring, entry, reports and info~atio~, as ~ell as all
$' other require~ents specified in said Section 114 and Section 308, and all
4 regu~ations ~nd guidelines issued ~hereundero
5 3. A stipulation that as a condition for the avard of the contract
6 pro,pt notice rill be given of an~ notification received frc~a the Directo= of the
? BP&, O£fice of Federal ~ctivities or any agent of that office, that a facility
8 utilized or to be utilized £or the contract is under consideration to be listed on
9 the EPA list of Violating Facilities.
10 4. ~n Agreement b~ ~he contractor that he rill include or cause to be
11 included the criteria and requirMaents in paragraph (1) through (4) of this section
]~ in every non-exempt subcontract and requiring ~hat the contractor will take such
13 action aa the Government my direct sa a .esns of en£orcing-such provisions..
14 In no event shall any ~mount of the assistance provided under this
1~ contract be utilized with respect to a facility which has given rise to a conviction
16 under Section 113 (c)(1) of the Clean Air Act or Section 309(c) of the Federal Water
1~ Pollution Control Act. (Source: H/CD Funding Agreement ~6)
18 J. Management Compliance
19 The CITY in any activity directly or indirectly financed under this
~0 contract shall comply with the regulatio~s, policies, guidelines and requirements of
~1 O~ Circular No. A-102, Revised, a~d Federal Management C~rculsr 74-4: Cost
~ principles applicable to grants and contracts with State and local governments, and
~] Federal Man&ge~ent Circular 74-7: Uniform Administrat~ve Requirements for grant-in-
~ aid to S~ate and local goverr~ents as they ~elate to ~he &pplication,
~ administration, acceptance and uae o£ Federal funds unde~ this Part. (Source: Vol.
~6 43, No. 41, Title 24 CFR Part 570.307(g))
K. Obliqations of Contractor with Respect to Certain Third Party
Relationships
Page 11 of 14
I The CITY shall resmin fully obligated under the provisions of this
2 contract notwithstanding its designati°n of ~ny third party or parties for the
3 unde~taking of any part of the pzogrs" with zeepeet to which &ssie~ance is being
4 provided under this contract ~o the CITY. Such third party or parties shall comply
5 with all lawful requirements of the CITY necessary to insure that the program with
6 respect to which assistance is being provided under this contract to the CITY is
? carried out in accordance with the CITY's assurances and certifications, including
8 those with respect to the assumption of environmental responsibilities of the CITY
9 under Section 104(h) of the Housing and Co~munity Development Act of 1974. (Source:
10 B/CD Funding Agreement
11 L. Interest of Certain Pederal Officials
1~ No ~e~ber or Delegate to the Congress of the United States and no
1~] Resident Com~u~ssioner, shall be
14 any benefit to arise from the same. (Source~ H/CD Funding Agreement %10)
15 M. Interest of Members, Officers or Employees of CITY, Members of Local
16 Governing Body or Other Public Officials
17 No member, officer or employee of the COUNTY or CITY or its designees or
18 agents, no member of the governing body of the locality in which the progra~ is
19 situated and no other public official of such locality or localities who exercise
~0 any functions or responsibilities with respect to the program during his tenure or
21 for one yea~ thereafter, shall have any interest, direct or indirect, in any
~ contract, subcontract or the proceeds thereofw for work to be.performed in
~ connection with the program assisted under this contract. The CITY shall
~ incorporate or cause to be incorporated, in all such contracts or subcontracts
~ provision prohibiting such interest pursuant to the purposes of this section.
~6 (Source: B/CD Funding Agreement %11 and Vol. 43, No. 41, Title 24 CFR $70.307(p))
~'~ N. Prohibition Against Payments of Bonus or C~ission
~ The assistance provided under this contract shall not be used in the
Page 12 of 14
1
2
3
4
5
6
?
8
10
11
12
13
14
15
16
17
18
19
2O
21
22
23
24
25
26
28
payment of ~ny bonus or co~ission for the purpose of ob. raining HUD approval of the
application for such assistance or HUD approval of application for additional
amsis~ance of any other approval or concurrence of HUD required under this contract,
p~ovided, ho~vmr, that reasonable fees or bona fide technical, consultant,
· ~nagerial o[ other such services, othe~ than actual solicitation, are not hersb¥
prohibited if otherwise eligible as program cost. (Source: R/CD ~unding Agreement
ti1)
0. Ratch Act Cos~liance
?he CITY and COUNTY shall comply with the provisions of the Ratch Act
which limits the political activity of employees. (Source: Vol. 43, No. 41, ?itle
24 CFR Part 570.307(q))
P. City shall cc~ply with special provisions of the Emergency Jobs lill of
1983 (Public Law 98-8) that:
1. The additional funds will be obligated and disbursed as rapidly as
possible so as to cluickly assist the unemployed and the needy~
2. It will use, to the extent practicable, the additional funds in
areas where unemplolnaent is highest and has been high for the longest: period of' time
and fog authorized purposes which have the greatest imediate employment impact~ and
3. It will, to the extent practicable, use the additional funds to
maximize immediate creation of new employment opportunities to individuals who were
unemployed at least 15 of the 26 weeks prior to March 24, 1983.
Q. Definitions
Throughout these Special Provisions the meaning of words shall be that
meantm] given by the act, regulation, ~xecutive Order, Federal Management Circular,
· greement, or rule cited herein as the source for the section in which the word
appears. (Source: Orange County Counsel)
R. Note
Federal Management Circular 74-7 has been replaced with Office of
Page 13 of 14
6
7
8
9
10
-11
12
13
14
15
16
17
18
19
2O
21
22
23
24
25
26
27
28
Management and Budge~ (C]4B) A-~02.
///
///
III '
///
//I
///
///
///
///
///
I//
///
I//
//I
///
I//
///
///
I//
///
///
///
///
///
I//
///
///
FW~k~bl:~10 (Jobs B~ll Provisions)
Page ~4 of 14
~/~ / ~' ,~ EXHIBIT "B" ~,~
· ':i~ CONTRACT NO. C~;o/.n , ~
r"' .......... T.' "'"~ -~,. "-.
~ ® /
CITY OF TUSTIN