HomeMy WebLinkAboutCC 7 SPEC JOBS FDNG 12-19-83DATE:
December 19, 1983
CONSENT CALENDAR
12-19-83
Inter-Corn
Honorable Mayor. & City Council Members
Cozm~unity Development Department
Proposed Contract for Public Facilities Improvements,
Special Jobs Bill Funding
Enclosed is the proposed contract for the Special Jobs
Bill Funding which implements the Public Facility Im-
provements portion of our application. This $65,000.00
wilt be used to construct street improvements in the South
"B" Street/Mitchell Target Area.
The City Attorney has reviewed the contract and finds it
satisfactory
RECOMMENDATION
Approve the contract as submitted.
n Chamberlain
Associate Planner
Enclosure: Contract
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Contract No. C25375
ENVIRO~tMENTAL MANAGEMENT AGENCY
HOUSING AND CO~gIUNITY DEVELOPMENT CONTRACT
TITLE OF PROJECT: Public Facilities and I~provements (JBI$.i)
MEMORANDUM OF CONTRACT entered into this day of
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BY AND BETWERN
and
CITY OF TUSTIN, a municipal corporation,
hereinafter referred to as CITY,
COUNTY OF ORAIt~I~, a political subdivision of
the State of California and recc~nised Urban
County under the Federal Housing and
Development Act of 1974 (Public Law 93-383),
as amended, hereinafter referred ~o as COUNTY.
W-~.~J~, 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 community development and housing
assistance a=ttvities, and
WHEREAS, the CITY has submitted to the COUNTY an application for funding
of a project hereinafter described, and
W-~.REAS, the COUNTY has entered into a separate agreement dated
September 13, 1983 with the U. S. Department of Housing and Urban D~velopment
(hereinafter designated as HUD) to fund said project under the Housing and Cc~mnunity
Development Act of 1974 (Public Law 93-383), as amended (hereinafter referred to as
ACT) and the Emergency Jobs Bill of 1983 (Public Law 98-8, hereinafter referred to
as JOBS BILL}.
NOW, T~REFORE, IT IS AGREED by and between the parties that the following
provisions as well as all applicable Federal, State and County laws and regulations
including the attached SPECIAL PROVISIONS, identified as E~-~SIT "A", and all other
attached Exhibits, are part of this Contract.
1. For the PURPOSES OF THIS CONTRACT the following definitions shall
apply:
--1--
Contract No. C2537§
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a. Project Manager= The party responsible fo=, but whose
responsibility is not ~imited to the following~ Contracting, monitoring an~
implementing the project.
b. Constructi~l Bid Package: A package of bidding documents which
includes proposal, bidding instruction, contract documents, de~ailed estimated costs
and plans and specificaticms fo= a constructicm project all prepared in.accordance
with applicable federal regulations.
Director: The DirectOr of the Orange County Environmental
Management Agency.
d.
Reimbursable Basis: The CITY will prgvide the funds fo= the
project and submit proof of pa~ment to the COUNTY, whereby upon approval the COUNTY
will fo=ward JOSS B?n?. Co~aunity Development Block Grant funds to repay the CITY.
2. It is understood that the CITY is solely responsible for
implementation of the Project, deec=ibed as~ Public Facilities and Improvements
(JBI$.i). Project funds are fo= the continuation of the storm drain and street
reconstruction project in the 'B'/Mitchell Street portion of the CITY's target area
(see Map E~IBIT 'B'). Project may also include sidewalks, curbs and gutters and
street lights.
It is agreed by all parties that the project shall be completed and
JOBS BILL Block Grant funds provided through this Contract shall be expended on
eligible project activities prior to December 31, 1984. In the event that the CITY
has not completed the project and submitted appropriate invoices for all approved
project costs funded by the JOBS BILL Block Grant prior to December 31, 1984, this
Contract shall be subject to termination at the discretion of the COUNTY. CITY ~ay,
prior to the Contract termination date, make written request to DIRECTOR fo=
extension thereof. Such request may be granted by DIRECTOR based upon his written
concurrence of good cause and if permissible by JOSS BILL and HUD regulations.
3. CITY agrees:
Contract No. C25375
1 a. Any amendment(s) to this Contract shall be submitted to and
2 approved by the COUNTY, prior to coamencement by CITY of such project.
3 b. TO be Project Manager for said project and to submit any and all
4 third-party contracts funded through this Contract to DIRECTOR for review prior to
5 award of such contracts by CITY.
6 c. To be responsible for design and inspect/on, including funding
7 the costs related to those activities, unless funding for design and inspection
6 activities is provided for in Section 4.a. of this Contract.
9 d. To submit the Construction Bid Package for this project to
10 DIRECTOR for review prior to advertising for bids on the construction contract or
11 prior to award of such a Contract if sole source procurement is used. CITY shall
12 not advertise for bids until DIRECTOR has approved Construction Bid Package. CITY
13 shall construct project in accordance wi~h ~/le construction Bid Package which
14 DIRECTOR approved unless prior written approval is received from DIRECTOR for
15 deviation therefrom.
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e. That all work shall be in accordance with CITYts governing
17 building and safety codes.
18 f. TO complete and maintain separate accounting records for the
19 project, reports, official files, and other documentation pertaining to the project
20 and costs incurred as required by all applicable JOSS BILL and HUD regulations. All
21 of these shall be accessible for the purposes of ~onitoring, surveys, audits and
22 examinations by duly authorized representatives of COUNTY or HUD. These records,
reports and files shall be kept available at CITY'S office during the project's
24 contract periodand thereafter for three {3) years from the date of final payment of
25 HUD JOSS BILL Community Development Block Grant funds.
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g. That the project shall be constructed for Co~ummity Development
purposes as defined by applicable HUD provisions to ensure maximum feasible benefit
2~ and utilization of the project by iow- and moderate-income persons.
--3--
Contract No. C25375
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h. That DIRECTOr, shall periodically evaluate the CITYts progress
in complying with the terms of this Contract. CITY shall cook, rate fully in such
evaluatic~. DII~ECTO~ shall report the fittings of each evaluatio~ to the CITY and
Orange County Board of Supervisors. If it is determined by the Board of Supervisors
that performance or progress on performance is unsatisfactory, the Board of
Supervisors may withhold further funding on the project pending resolution of the
unsatisfactory condition(s) or may terminate this Contract. In addit~on, the Board
of Supervisors may require r~imbursemeat of any funds that it determines to be
improperly expended or not expended on the project in a timely manner.
i. That if it is subsequently determined by COUNTY or HUD that
funds were not expended in compliance with the applicable federal laws and
regular-ions, CITY will refund to COUNTY such sums as were improperly expended.
J. When the project is completed all unextended funds remaining
will be returned to the COUNTY. COUNTY may then reallocate returned funds to other
Urban County activities as permissible by JOBS BILL and HUD regulations and at the
discretion of the Board of Supervisors.
k. To assume respo~sibilit~ for California Environmental'Quality
Act compliance and to provide COUNTY with necessary information to comply with the
National Environmantal Policy Act.
4. Project Funding:
a. The estimated project cost(s) covered by this agreement is:
and no/100).
and no/100).
Land Acquisition
Design and Inspection
Construction Contract
$ -0-
$65,000.00 (Sixty-Five Thousand Dollars
$65,000.00 (Sixty-Five Thousand Dollars
h. Based on the above estimate, this project will be financed as
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Contract No. C25375
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follows:
JC~S BILL Block Grant Funds
Thousand Dollars and no/100).
Entitlement Block Grant Funds
(Years VIII and IX)
T~en~-Five Thousand Dollars and no/100).
Ninety Thousand Dollars and no/100).
$ 65,000.00 (Sixty-Five
$125,000.00 (One Hundred
$190,000.00 (One Hundred
c. COUNTY shall not be reslxmsible for any costs which exceed ~he
approved J~S'BILL Block Grant amount.
d. Payment by the COUNTY to the CITY shall be on a reimbursable
basis unless CITY has been authorized and issued cash advances by COUNTY u~der this
Contract.
e. Cash advances recI~ested 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 DIRECTOR through certification
in a form prescribed by DIRECTOR and subsequently through.performance, its
willingness and ability to establish procedures that will minimize the time elapsing
between the receipt of funds and disbursement of such funds.
(2) The CITY certifies to DIRECTOR, that the C~TYts financial
management system meets the standards for fund control and accountability prescribed
in Office of Management and Budget Circular No. A-102 as amended from time to time.
(3) The CITY complies with the cash advance procedures as shall
be required by the Financial Procedures of the Housing and Comunity Development
Program Office of County's Environmental Management' Agency (hereinafter EMA). These
procedures require that upon written receipt of funds from the COUNTY, the CITY
shall disburse payment to vendor within five (5) working days and submit such
evidence (i.e., warrant copies, etc.) to the COUNTY.
--5--
Contract No. C25375
I If the CITY is subsequently found, by DIRECTOR, to be in
2 noncompliance with 4.e.(1} through 4.e.(3) CITY shall be paid pursuant to 4.d.
3 f. Reimbursable basis payments, as referred to in section 4.d.
4 above, and/or cash advances described in 4.e. above, shall be made in accordance
5 with the financial procedures of EMA. In the event of conflict between such
6 financial procedures and any applicable statutes, rules or regulations of HUD,
7 including Office of Management and Budget Circular No. A-102, the latter shall
8 prevail.
9 5. Neither COUNTY nor any officer nor employee thereof shall be respon-
10 sible for any damage or liability occurring by reason of any action or omission of
11 CITY or its agents, associates, contractors, subcontractors, materialmen, laborers,
1~ or any other persons, firms, or corporations furnishing or supplying work service,
13 ~aterials, or supplies in connection with CITY's performance of this Contract and
14 from any and all claims and losses accruing or resulting to any persons, firm or
15 corporation for personal injuries or property damage resulting from or as a
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consequence of, CITY's performance of this Contract under or in connection with any
17 work, authority or jurisdiction delegated to CITY under this Contract. It is also
18 understood and agreed that, pursuant to California Government Code Section 895.4,
19 CITY shall f~lly indemnify, defend and hold COUNTY harmless from any liability
~0 imposed for injury (as defined by California Government Code Section 810.8)
21 occurring by reason of any action or omission of CITY under or in connection with
any work, authority or jurisdiction delegated to CITY under this Contract. CITY
~ shall act in an independent capacity and not as officers, employees or agents of
24 countY. ·
~ 6. Neither CITY nor any officer nor employee thereof shall be
28 responsible for any damage or liability occurring by reason of any action or
~ omission of COUNTY, its agents, associates, contractors, subcontractors,
~ materialmen, laborers, or any other persons, firms, or corporations furnishing or
Contract No. C25375
1 supplying work, service, materials, or supplies in connection with COUNTY's
~- performance of ~his Contract and from any and aL1 claims and losses accruing or
3 resulting to any persons, firm or corporation for personal injuries or property
4 damage resulting from or as a consequence of COUNTY's performance of this Contract
5 under or in connection with any work, authority or jurisdiction delegated to COUNTY
6 under this Contract. It is also understood and agreed that, pursuant to California
7 Government Code Section 895.4, COUNTY shall fully indemnify, defend and hold CITY
8 harmless from any liability ~?osed for injury (as defined by California Government
9 Code Section 810.8), occurring by reason of any action or omission of COUNTY under
10 or in connection with any work, authority or jurisdiction delegated to COUNTY under
11 this Contract. COUNTY shall act in an independent capacity and not as officers,
1~ employees or agents of CITY.
13 7. Where contract funds are withheld, and at the request and expense of
14 CITY, COUNTY will accept securities equivalent to the amount withheld pursuant to
15 Section 9-3.2. Such substituted security, meeting the requi=ments of Government
16 Code Sect£on 4590, shall be deposited with COUNTY, or with a State or federally
17 chartered bank as escrow agent. If security is deposited with an escrow agent, it
18 shall be covered by an escrow agreement.
19 8. In the event of CITY's failure to comply with the provisions of this
~0 Contract, COUNTY may at its discretion withhold funds and/or reallocate funds to
21 another activity considered by the COUNTY to be in compliance with the ACT or JOBS
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III
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Con~act No. C25375
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~ai=~ o~ ~e B~=d of Su~=$ ~d cez~fi~ ~ ~ezk of ~e Bo~ a~ ~ving
b==n duly au~=iz~ ~ ~e City' C~c~ of C~ ~d ~e O=~ge ~2 B~=d of
Supervisors.
C~ ~' ~T~
Ci~.y Clezk. '
COUNTY ~ ORAN~, & political, subdivisi~
of the. State of California
SIGI~D AND CEI~IFLED THAT A COPY Ctp
THIS ~ HAS BEEN D~r. IVRRED TO
TBE C~AXRMAN ~ THE BOARD.
By
Chairman of the Board of Supervisors
COUNTY
Cle=k of the Board of Supervisors
of Orange County, California
County Counsel
t // /
/
BI}..- ~'ebl~t2~ ~11
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Rxhibz_ "~= to COUNTY/CITY Cont=ac~
~ PROVISIONS
I A. S~ction 3 - ~lia~ Wi~ ~e P~ision of T~aini~ ~l~ent and
2 Bus~ss ~r~uni~
4 ~ s~trac~ ~o~ ~rk fin~ in ~le or ~rt with ~eFal fl~ncial '
5 ~8is~e pr~id~ ~r ~i8 ~tract, ~e: Sectt~ 3 clause se~ ~or~h in 24
6 135.20(b). ~t ~ ~i~ PE~ide n~. ~iel of 24 ~ Pa~t 135. as ~ ~
7 n~s~ for ~e in~omt~on o~ ~Et~es ~ ~n~ac~. ~ir~ ~ ~nta~n ~e
8 S~i~ 2 ~use.
9 s~on 3 ~izes ~a~ ~o ~e g~ea~es~ ~en~ ~eas~b~e,
I0 fo~ ~aini~ ~ e~l~nt ~ nde avaihble ~ 1~ in~ residents withi~ ~h~
II ~it o~ 1~ g~n2 oc MtE~li~n area (oF n~-~tr~litan ~unty), in which
~ ~e p~oJec~ is ~at~. In additi~, ~ t~ greatest extent ~easible, ~ntcacts
~ ~k in ~ection .vi~ ~e pro~t shall ~ avard~ to ~slness ~ncerns which aFe
~4 1~ in, or in s~e~antial p~ ~ed ~, ~ns residinq in the s~e unit
~ 1~ go~cmn~ oc Mt~li2an ~ea (o~ nm~e2ro~litan ~unt~), in which the
16 pro~ec~ is
1~ The ~ties ~o ~i8 ~n~act vi~ ~ly vi~ ~e pr~isio~ o~ said
~8 Section 3, ~d ~e r~ulations issu~ ~r~u~ thereto b~ ~e S~retaEy of Housinq
19 ~ Ur~n ~vel~nt set ~or~ in- 24 ~ 135, and all a~licable ~ules and orders
~ of ~e ~pa~nt issued ~ere~der p~io~ ~ ~e ex~tion of ~i8 ~nt~act. The
~ ~ s~l~ ~ke a~r~riate a~ion ~rs~n~ to ~e s~ntract ~n a ffindin~ ~hat
~ ~e s~n~ac~E is in violati~ of' ~u~tions issu~ ~ the Secretary oE Housin~
~ ~ Urb~ ~l~nt, 24 ~ 135.~ ~e ~n~ac~or will n~ o~ntract wi~h an~
~ ~ac~E wheEe it ~s ~tice o~ kn~l~e ~t ~ lette~ ~s ~n found in
~ hti~ oE ~ula21~ ~def 24 ~ 13S. ~e ~rties to ~ls ~nt~act ~fki~y and
~ agr~ ~at ~ a~e ~der ~ ~ntr~ual or o~he~ dinbility which ~uld prevenk
~ ~ f~ ~lyi~ wi~ ~e~ r~iE~nts. (Sou~ Vol. 38, No. 203, Title 24
P~o 1 of 14
I B. F~ual B~plovment O~Dortunit¥
2 In carrying out the program, the CITY sl~11 not discriminate against any
3 el~loyee or applicant for 4mplolmmnt because of race, color, religion, sex or
4 n&tional or,gin. The CITY shall take affirmative action to insure that applicants
5 for amplolment 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 1/mired to, the following~ employment, upgrading,
8 demotion or transfer; recruitment advertising; layoff or te~mtnation; rates of pay
9 or other form, compensation; and selection for training, including apprenticeship.
10 The CITY shall post in conspicuous places, available to employees and applicants for
11 e~ployment, notices to be provided by the COONTY setting forth the provisions of
12 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 ~ill receive consideration for employment without regard to
15 race, color, religion, sex or national origin. The CITY shall incorporate the
16 foregoing requirements of this paragraph in 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
20 assisted Construction contracts.
~-1 The CITY shall cause or require to be inserted in full in any nonexempt
~ c~ntract and subcontract for construction work or modification thereof, as define~
~ Ln Bald regulations which ia paid for in whole or in part with assistance under the
24 Contract, the following equal opportunity clause:
28 'During the performance of this contract, the contractor agrees as
26 follows:
~ 1. The contractor viii not discriminate against any employee or
28 applicant for employment because of raft, color, religion, sex or national origin.
Page 2 of 14
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The contractor will ~ake a~fi~mative action ko enaure that applicanta are e~l~ed
sele~i~ ~or traininq, inaludi~ a~ren~iceship. ~e ~ac~r aqr~s to ~ in
religi~, sex or' natio~l origin.
~kers wi~ ~i~ he baa a ~llecti~' bargaining ~z~nt o~ o~he~ contract or
the ~tractor'a ~i~nt under ~ecti~n 202 o~ ~ive Order 11246 o~ Sep~ez
24', I~5, a~ ehalI ~t ~piea o~ ~e no~A~ in ~picu~s pla~s available to
4. ~e ~nt~actor will c~lM wi~ a~ p~oviaiona oE Ex~utive Order
~ive O~de= 1124~ o~ Sep~r 24, lg~5 and ~ ~ rule., r~ulatLons ~ order
of ~e Secre~ry of ~ or ~rs~nt ~e:eto a~ will ~it a~s8 to his ~ks,
r~o~ds and a~ ~ ~e ~mnt ~ ~e Secretary of ~c ~or ~ses of
in~s~Lgation to asmr~/n ~li~ wi~ e~ rules, r~atio~ a~ orders.
6. Xn ~e e~nt ~ ~e ~actor's ~lian~ vi~ the
P~e 3 of 14
no~diacrinination clauses of ~hia contrac~ or with ~ny of such rules, ~egulations or
ogdegs~ ~is ~ntgact ~y ~ ca~eZ~ bngmt~ og sus~nd~ in whole or tn part
~ ~e ~n~ac~or ~y ~ d~lar~ ineligible for ~u~eg ~men~ ~n~gac~s or
f~era~y ~sis~ ~s~ruc~ion ~n~rac~ in a~rdance w~ p~u~es au~ho~ized
~u~ive Order ~246 o~ Sep~r 24, ~965, o~ ~ ~u~es, r~u~a~ions or order of
~e Seege~a~ of ~r oE as o~e~ise pg~d~ by 1aw.
7. ~e ~n~ac~og wtZl t~lude ~e ~g~ton of bhe sentence tmdiatel~
preceedin9 ~ag~aph (1) ~t~1n9 wt~ ~e ~ds "During ~e ~tfo~nce of...' ~d
~e provisions of p~agraphs (1) ~gouGh (7) tn eve~ s~ntgact or ~rchse o~deg
unless ex~ ~ cules~ ~e~ula~lons o~ orders o~ bhe S~retagy of ~r ~ssued
~ts~n~ ~o S~on 204 of ~e ~U~tve Order 11246 of Septe~e~ 24~ 1965, ~ ~ha~
such provisions wtll ~ b~ndL~ ~n each s~onb~actog oc vendor. ~he ~ntrac~og
wtZ1 ~ake such action wt~ res~ ~o any s~ntrac~ or ~rc~se o~der as ~he
Depag~en~ ~y dt~ec~ as a Mans of en~o~ctn9 such provisions, ~ncludln9 sanctions
~o~ non~Zta~e; provtdedt ~g, ~a~ in bhe even~ a ~n~gactor ~co~s
involved ~n, o~ ~s ~hgeabened wttht litigation w~ a su~on~gac~or or vendor as a
~esul~ o~ such dt~ion by ~e Depagment ~he con~actoE may g~ues~ ~he United
S~a~es to enCeE tn~ such lift,at,on ~ p~otec~ the tnteges~ of ~he Unt~ed S~a~es.
~e CZTY ~urther agc~s that ~t wtl~ ~ ~und by .~e a~ equal
o~ft~t~ clause w~tb fos~t to ~ ~ ~lo~ent practices when It part~c~pakes
in ~erally assisted ~t~uct~on ~zk. The a~ ~ual o~rtun~ty clause is no~
a~licable to any agent, ins~ntality or subdivision of such CI~ which d~s not
~ticipate in ~rk on o= ~der ~e ~nt=act.
~e CI~ agree that it will assist and ~=ate actively with
~, ~ ~d the S~ze~a~ of ~ in obtaining the ~lian~ of contractors
a~ s~ntrac~rs wi~ ~e ~1 ~=t~lty ~lause a~ the rules, regulations and
relevant orders of ~e S~reta~ of L~=; ~a~ It will fuznish the ~Y, H~ and
Page 4 of 14
1 such c~npllsnce; and that it will otherwise assist the above parties in the
2 discharge of its primary responsibility for 8ecurin~ compliance.
3; · The CTTY £urthar agrees *kst it wi~]. re£rain from entering into any
4 eo~tract or-oontract modification sub~ect, to Executive Order il24& of Septsnber 24,
5 1965, with & ~ontzactor debarred fr~m or who has not dexonst~ated eligibility for,
6 eovernment contracts and federally assisted construction contracts pursuant to the
7 executive order and will carry out such sanctions and penalties for violation o~
8 equal opportunity clause as may be imposed upon contractors and subcontractors
9 HUD or the Secretary o£ ~ubo~ pursuant to Part IT, Subpart B of the Executive
10 Tn addition, the CX~ agrees that if it fails or refuses to conply with these
ii undertakings, the COONTY may take any or all of the ~olloving actions: Cancel,
12 tsrninate or suspend in whole o~ in part the grant or loan guarantse; refrain from
13 extending any further assistance to the CXTY unde~ the program with respect to which
14 the failure OF ~efusal occurred until-satisfactory assurance of future compliance
15 has been received from such C~FA~CTOR. (Source: H/C~ Funding Agreement J4 and
16 Executive Order 11246, Part IT, Subpart B, Section 202)
17 c. Federal Labor
18 Except with resp~t to the rehabilitation of residential property
19 designed for residential use for less than eight £amiltes, the CI~ and ali
20 contractors engaged under contracts in excess o£ $2,000.00 (~wo Thousand Dollars and
21 no/100) for the cons~.ruction, prosecution, completion or repair of any building or
22 ~ork financed in whole or in part with assistance provided under this contract,
2~ shall comply with nu~ requirements pertaining to such contracts and the applicable
24 require~ents of the re~julations of the Depar~nent of Labor under 29 CFR Parts 3
2~ (Copeland Act), $, and Sa (Davis-Bacon Act), governing the palment of wages and the
26 ratio of apprentices and trainees to ~ourneymen: Provided, that if wage
27 higher than those required under such re~ulstions are i~8ed by state or local law,
~8 nothing hereunder is intended to relieve the CI~¥ of i~s obligation, if any, to
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reqUire payment of the higher rates; ~he CITY shall cause or require to be inserted
in £ull, in all such contracts sub~ect to such requlations, provisions ~eettng the
r~quirmaents of 29 C~R 5.5 and for such contracts in excess of $10,000, 29 CFR 5a.3.
· he 'Fedara~ Labor Standards Provisions' (~u~ 4010) are made part of this contract.
No a~ard of the contracts covared under this section of the contract
shall be made to any contractor who ia at the tima inaligible under the provisions
of any applicable regulations of the Department of ~abor to receive an award of such
contract. (Source~ H/CD Funding Agreement #7)
~11 doc~ents sub~itted by the CITY to the COUNTY which are required
for co~pliance with the Federal Labor Standards, shall be certified as being true,
accurate, and co.plate by the City E6gineer or the Director of Public Works.
(Source: Orange County H/CD)
D, Non-Discrimination
The CITY in any activity directly or indirectly financed under this
contract, shall co~ply with:
1. Title VI of the Civil Rights ACt of 1964 (Pub. L. 85-352), 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 i~ediately take any ~easures
necessary to effectuate this assurance. If any real property or s~ructure thereon
is provided or i~proved 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 s~ucture is u~d for a purpose for which, the Federal financial
assistance ia extended, or for another purpose involving the provision of similar
matrices or bene£ita.
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2. Title VlTT Of ~he Civil Rights Act of 1968 (Pub. L. 90-284), as
~fmnded, administering all progr~8 and activities relating to housing and ~nity
development in a manner to 'a££i~matively Eurther fair housing; and will take action
to affirmatively further fair housing in the sale or rental of housing, the
financing of housing, and the provision of brokerage services.
3. Section 109 of the Housing and Cmmuni~y Development Act of
1974, and the regUlations issued pursuant thereto (24 CFR Pa~t $70o$01), which
provides that no person in the United S~ates shall on the grounds of race, color,
national origin, or sex, be excluded rrm participation in, be denied the benefits
of, o~ be subjected to discr~aination under, any pzogram or activity funded in whole
or in part with funds provided under this Pa~to
4. Executive Order 11063 on equal opportunity in housing and
nondiscrimination in the sale or ~ental of housing built with Federal assistance.
(Source** Vol. 43, Ho. 41, Tit~e 24 cFR Part 570.307(L 1-4))
B, Accessibility/usability of Facilities and Buildings for Physically
Handica~ed
The CITY in any activity directly or indirectly financed under this
con~xact shall requi~e every building or facility (oCher than a privately owned
~esidential s~Euctu~e) designed, conatxucted, or altered with funds p~ovided under
this Part to ~ply with ~he 'American Standard Speci£ications for Making Buildings
and Facilities Accessible to, and Usable by, the Physically Handicapped,' Number A-
ll?.I-R 1971, subject to the exceptions contained in 41 CFR 101-19.604. The C~TY
will be responsible for conducting inspections to insure compliance with these
8peci£icationa by any contractor or subcontractor. (Source: 24 CFR Part 570.307(K))
F. Relocation
lo The CITY in any ac~Lvity directly o~ indirectly financed unde~
this contxsct shaL~:
aa
To the g~eetaat extent practicable under State law, comply
Page 7 of 14
1 with $~ctions 101 ~nd 302 of Title Il! {Unl£o~ Real Property Acquisition Polic~) of
I ~ Unt~o~ ~ion ~ais~ ~ ~1 P~ty A~uisitt~ Policies Act of
3 g will ~ly wi~ S~tions 303 ~ 304 of Title III, and ~ ~l~n~in9
4 ~t~uc~tonbat 24 ~l Pa=~ 42; and
~ b. Info~ ~ff~ted ~so~ of ~ei~ ~ights and o~ ~e
6 a~isttton ~ltciss ~ p~gu~s s~ tozth in ~ ~e~ulations at 24 ~R Part
7 and 570.602 (b).
8 2. The CITY shall al~:
9 a. ~ly with Title II (Uniform ~l~ation Assis~ce) of
10 Unifo=m ~l~atton Assistance ~fl Real P=~rty A~uisition Policies Ac~ of 1970 and
11 ~ ~le~nting =~ulatio~ a~ 24 ~a Pa=t 42 and 570.602(a)I
~ b. P=~ide =el~ation.p~n~s and offer =citation assts=ance
1~ as desc=i~ in Se=~ion 205 of =he Uniform Rel~ation Assis~ance Ac~ ~o all ~rsons
14 displaced as a =.sult of a~isi~ion of real p~o~y fo= an activity assisted under
1~ ~e Co~nity ~vel~nt Bl~k Gran~ P=~r~. Su=h ~ents ~d assistan=e shall
16 ~ p=ovid~ in a fsi= and ~nsistent and ~uitable ~nne= ~a~ insures that the
1~ =el~ation pr~ess d~s not =esult in diffe=ent o= sepa=a~e trea~ent of such
18 ~=~ns on a~o~t of =a~, oolo=, religion, national o=igin, sex, or ~ur~ of
19 inc~e~
~ 3. Assu=e ~at, within a =eatable ~=i~ of tim prior to
21 displac~nt, ~arable de~nt, safe an~ sanita=y =epla~nt d~llings will be
~ avail~le to all displa~d f~ilies and individuals and that ~e =anqe of choices
~ avatl~le to such ~=sons will ~t va=y on accost of ~hei= =ace, ~lor, =eligion,
~ netio~l oEigin, sex, or ~u=~ of i~ a~
~ 4. Info=m a~ted ~rso~ of the =el~ation amsis~e, ~licies
~ ~d p=~u=es se~ fo=~ in the =~ulations at 24 ~R Part 42 and 570.602(a).
~ (Sou=~: Vol. 43, No. 41 Ti21e 24 ~ Pa=t 570.307 (ni o})
~ G. ~ad~a~d Paint Hazards
Page 8 of 14
I The eon~tzuction or rehabilitation of residential structures with
2. assistance provided under th4s Contract is subject to the HUD Lead-Base Paint
9 regulations, 24 CFR Pa~t 35. An~ grants or loans uade by the CITY or YOrk performed
4 by the CITY'fO£ the rehabilitation of residential st£ucturas with assistance
5 provided under this Contrac~ sA&it be made subject to the provisions for the
6 el~uination o£ Xeed-bese plant hazards under subpart S of said regulations and the
? CITY shell be responsible for the inspactiona and certifications required under
8 section 35.14 (f) thereof. CSource, H/C~ Yunding Agreemnt OS and 24 CFR Part 35)
9 H. Flood Disaster
10 ~hia Cont~eot ia sub~eot to the requi~mnta of the Flood :Disaster
~ Pro~ectiofl Act of 1973 (P.L. 93-234). No portion of the ameisfJ~e provided under
12 this Contract ~a approved fo~ acquisition or cons~uction purposes as defined under
13 Section 3(a) of sa~d ACt, for use in an area identified by the Secretar~ as havin~
14 speciai flood hazards, which is located in a cceununit~ not then in compliance with
15 the. requiretmnta £or participation in the national flood insurance p~o~ram pursuant
16 to Seation 201 (d) of Said Act; and the use of any assistance provided unde£ this
17 Co~.ract for such acquisition of construction in such identified areas in
18 c~ununities then participating in the national f]~od' insurance program shati be
19 sub~ect to the mandato~ purchase of flood insurance ~equirement$ of Section 102 (a)
~0 of said Act.
21 Ar~ Contract or Agreement for the sale, lease or other transfer of land
2~ acquired, cleared, or improved with assistance provided under this Con~ract shall
~S ~ontain, if such lafld is located ~n an area identified by the SeoFetary as having
24 special flood hasa£ds and in which the sale of flood insurance has been made
25 available unde~ the National Flood Insurance Act of 1968, as amended, 42 U.S.C. 4001
26 et seq., provisions oAligating the t=aflsferree arid its successors or assignees ~o
27 obtain and maintain, du~ing the ovnsrship of such l~nd, such flood insurance as
Page 9 of 14
I purposes under S~ction 102(a) of the Flood Disaster Protection Act of 1973. Such
~- provisions shall be required notwithstanding the fact that ~be construction on such
3 L~nd is not itself funded with aasiet~nce provided under thio Contract. (Source:
4 R/CD Funding°Agreea~nt ~3)
5 ~he CItY shall co~ply with the provisions of ~xecutive Order 11296,
6 relating to evaiuation of flood hazards and Executive O=de£ ii188 relating tn the
? prevention, control, and abatement of wate~ pollution. (Source: Vol. 43, No. 41,
8 Title 24 ~PR 570.307(~))
9 I. Compliance with Air and Water Acts
10 The CITY shall cause or require to be inserted in full in all nonexempt
11 contraots or subcontracts for ~ork turnished in w~ole or in part by the grant
1~ contracts, the £ollo~ing require~ents (provided that contracts, subcontracts and
IS subloans not e~ceeding $100,000.00 (One Hundred Thousand Dollars' and no/100) are
14 exempt frc~a this part:
15 This Contract is Subject to the requirements of the Clean Air Act, ss
16 a~ended 42 USC 1857 et seq., the Federal Water Pollution Control Act, as amended 33
17 USC 1251 et seq., and the regulations of the Envirorunent&l Protection Agency with
18 respect thereto, at 40 CFR Part 15, aa amended fr~ time to time.
19 In c~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 assistance provided under this contract, the
~- follo~ing requirements:
~ 1. A stipulation by the contractor or subcontractors that any facility
24 to be utilized 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 Agency (~PA) pursuant to 40 CFR 15.20.
~ 2. Agreement by the contractor that he will cosaply with all the
~8 require~ente of Section 114 of the Clean Air Act, as a~ended (42 USC 1857c-8) and
Page 10 of 14
~ ~ion 308 o£ the Fe4e=a~ #ater PolLu~ion Control &~, as amended (33 ~C 1318)
2 ~e~tLng ~ in~Lon, ~Ltor~g, ent:y, ~e~ ~ in~o~L~, as ~1~ as all
3' o~e~' ~mn~ ~i~Led ~ ~Ld S~tion 114 ~ S~tLon 308, a~ all
4 =~u~a~o~ ~ guidelines iss~ thereunder.
5 3. A sti~lation ~ is a ~ition for the a~a=d of the ~ntract
6 p~t. ~tice wi~ ~ g~n of ~ ~2~fication =~e~v~ fr~ ~he D~rec~ of the
7 ~A, Off~ of F~eral ~vi~tel or ~ agent of ~at office, ~at a ~ac~l~ty
S utilized or ~ ~ uti~z~ ~o~ ~e ~nt~act is under ~nsiderat~on ~o ~ l~sted on
9 ~e ~A L~st of Violating
10 4. ~ Agr~nt ~ ~ ~ntzac~z ~at he will i~lude or cause to
11 included ~e criteria ~d ~uiz~en~ in paragraph (1) ~ouqh (4) of this
~ ~ eve=y n~-exe~t s~ntract and ~uizi~ ~t. ~e ~nt~actor wit~ take such
13 acti~ as the ~ez~nt ~y diz~t as a ~ans of enforcing such provisions.
14 In no event sh~l any ~un~ of ~e assistance provid~ ~der
1~ ~ntzact ~ utilized wi~ ~es~ct ~ a facility whi~ ~s given rise to a c~vtction
16 ~der S~tton ~13 (c)(~) of ~e Clean Air ~t or S~tion 309(c) of 2he F~efa~ ~ater
17 POllUtion Cottrol ~ct. {So~ce~ B/~ Fu~in9 ~r~ent $6)
18 J. ~naqe~nt C~lia~
19 ~e c~ in a~ a~ivity di=~y or indl=ectly financed under this
~ ~ntrac~ shall ~ly wi~ ~e regulations, ~licies, guidelines ~d =~uiremen=s
~1 ~ Circul~ No. A-102, ~vis~, ~d Federal ~n~nt Ci=cula= 74-4=
~ principles a~licable ~ q=~ ~d ~ntracts with Sta~e ~d 1~al g~er~en~s, and
~ F~e=al ~g~nt Ctzc~a= 74-7: ~ifo~ ~inis~a~i~ ~ui=~nts ~o= gran~-in-
~ aid ~o S~te a~ ~al g~e=~n~s as ~ =elate to the
~ a~nift=atton, a~ep~e a~ use of F~ral f~df ~deE ~s Pe~t. (Source: Vol.
~ 43, ~. 41, T~2~e 24 ~R Part 570.307(g))
K. ~l~qa2~s of ~act~ w~ b~2 to Certain Tb~=d Party
blatt~shtps
Page I! of 14
I The CITY shall re~ln fully obligated under the provisions of this
2 contract notwiehstanding its designation of ~ny third party or Imrties for the
3 undertaking el any pert of the progrm with respect to ~hich assistance is being
4 provided under thio contract ~o the CITY. Such third part~ or parties shall comply
5 with all lawful require~ents of the CITY necessary to insure that the program with
6 respect to which aesisf~nca is being provided under this contract to the CITY is
7 carried out in accordance with the CITY's assuranCes and certifications, including
8 those with respect to the assumption of environ~ental responsibilities of the CITY
9 under Section 104(h) of the Housing and Community Development ~ct of 1974. (Source:
10 H/CD Funding Agreement
11 L. Interest o£ Certain Federal Officials
~ No me~ber or Delegate to the Congress of the United States and no
13 Resident Coe~issioner, shall be 'ad~itted to any share or part of this contract or to
14 any benefit to arise from the ease. (Source: H/CD Funding Agreement
15 ~l. ~Interest of lie~bers, Of£icers or Employees of CITY, ~embers of Local
16 Governing Body or Other Public Officials
17 No ~e~ber, officer or e~ployee of the COUNTY or CITY or its designees or
18 agents, no ~_mher of the governing body of the locaiity in which the pro, ram is
19 situated and no other public official of such locality or loca~ities who exercise
20 'any functions or responsibilities with respect to the progra~ during his tenure or
21 for one year thereafter, shall have any interest, direct or indirect, in any
~2 contract, subcontract or the proceeds thereof, for ~ork to be performed in
~ connection with the progra~ assisted under this contract. The CITY shall
24 incorporate or cause to be incorporated, in all such contracts or subcontracts a
~ provision prohibiting such interest pursuant to the purposes of this section.
~ (Source: H/CD Funding &gree~ent ~ll end Vol. 43, No. 41, Title 24 CFR 570.307(p))
~7 No Prohibition Against Payments of Bonus or
28 The assistance provided under this contract shall not be used in the
Page 12 of 14
1 pa~uent o£ any bonus or c~muiesion £or the purpose o£ obl~u~ning HUD &pp~oval of the
9. q~plication 2or such assistance or HUD approval of application for additional
3 ~ assistance of an~ other approval o~ ncncu~rence of HUD ~equired' under this contract,
4 provided, .however, that reasonable 2ess or bona fide technical, consultant,
5 managerial or other such services, other than actual solicitation, are not hereby
6 prohibited i~ otherwise eligible as program cost. (Source:
7 #12)
8 0. Hatch Act C~pliance
9 The CITY and COU~ITY sha~l co~ly with the provisions o£ the Batch. Act
10 which linLtta ~he political activity of e~ployees. (Source: Vol. 43, No. 41, Title
11 24 CFR Pa~t 570.307 (q))
1~ P. City abaS1 comply with special provisions o2 the Bne~qenc2 ~obs Bill o2
13 1983 (Public Lay 98,8) that:
14 l.. The additional 2unds will be obligated and disbursed as rapidly as
15 possible so as to quickly assist the unemployed and the
~6 2. Tt will use, to the extent practicable, the additional funds in
17 areas where unemplc~men~ ia h~qheet and has been high £or the longes~ period o£ t~me
18 and for au~horized purposes which have the greatest iwuuediate emplo~flnent lnpsct; and
19 3. It will, to the extent p~act~cable, use the additional funds to
20 m~,imize ~nediate creation o£ new employment opportunities to individua~s who ~e~e
21 un,u~.loyed at least 15 of the 26 weeks prior to Narch 24, 1983o
22 ~. Definitions
~] Throughout these Special Provisions the meaning o2 words shall be that
24 Beaning given by ~he act, regulation, Executive Order, Federal Management Circular,
~ agreement, or rule cited herein as the source 2or the section in which the word
~6 appears. (Source: Orange County Counsel)
~7 lt. Note
28 Federal Management CircuLar 74-7 has been repLaced with Office of
Page 13 o2 14
1
2
4
$
6
?
8
9
10
11
12
13
14
15
16
17
18
19
2O
21
22
23
24
2,5
26
28
It~nage~nt ~ Bu~get: (~) A-102.
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l~d: ki:bDH10 (3'oba Bill. Provisions)
Page 14 of 14
Rm~ibi~- B
C25375_
755.
CITY OF TUSTI~I
ENVIRONMENTAL MANAGEMENT AGENCY
,/