HomeMy WebLinkAboutCC 3 PUB FAC'S IMPROV 01-03-83 Inter-Corn BATE: January 3, 1982 ~~~ CONSENT CALENDAR TO: FROH: SUBJECT: Honorable Mayor & City Council Members Community Development Department Proposed Contract for Public Facilities Improvements, Housing and Community Development Act of 1974 (HCD) Enclosed is the proposed contract for the HDC Act which implements the Public Facility Improvements portion of our application. This project will consist of the construction of 450 linear feet of 30-inch diameter reinforced concrete storm drain and five catch basins on Mitchell Avenue between Newport Avenue and South "B" Street. This is the first portion in a series of three projects to be performed in the South "B" Street area. The City Attorney and the Public Works Director have reviewed the contract and find it satisfactory. RECOI~4E~DED ACTION Approve the contract as submitted. MAC:ih 12-27-82 DATE: 12/2t/$2 Inter-eom TO: FROM: SUBJECT: ~Y~ CHAMBERLAIN, ASSOCIATE PLANNER 3AMES G. ROURKE, CITY ATTORNEY PROPOSED CONTRACT FOR PUBLIC FACILITIES AND IMPROVEMENTS HOUSING AND COV~4UNITY DEV .... ~.,,.~NT ACT OF 197# (HCD) I have reviewed the enclosed contract for the HCD Program and it is satisfactory and is ready to be placed on the agenda for the January 3, 1983 City Council meeting. 3GR:se:D:12/21/g2 Enclosure cc: WH 4 $ 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 TITLE OF PROJECT: 19 Contract No. C26810 COUNTY OF ORANGE ENVIRONMENTAL MANAGEMENT AGENCY HOUSING AND COMMUNITY DEVELOPMENT CONTRACT Tustin: Public Facilities and Improvements (H15.2) MEMORANDUM OF CONTRACT entered into this day of , BY AND BETWEEN CITY OF TUSTIN a municipal corporation, hereinafter referred to as CITY, and COUNTY OF ORANGE, a political subdivision of the State of California and recognized Urban County under the Federal Housing and Community Development Act of 1974 (Public Law 94-383), as amended, hereinafter referred to as COUNTY. WHEREAS, 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 activities, and WHEREAS, the CITY has submitted to the COUNTY an application for funding of a project hereinafter described, and WHEREAS, the COUNTY has entered into a separate agreement dated July 27, 1982 with the U. S. Department of Housing and Urban Development (hereinafter designated as HUD) to fund said project under the Housing and Community Development Act of 1974 (Public Law 94-383), as amended (hereinafter referred to as ACT). NOW, THEREFORE, IT IS AGREED by and between the parties that the following provisions as well as all applicable Federal, State and County laws and regulations including the attached SPECIAL PROVISIONS, identified as EXHIBIT "A", are part of this Contract. 1. apply: For the PURPOSES OF THIS CONTRACT the following definitions shall is not limited to the following: Project Manager: The party responsible for, but whose responsibility Contracting, monitoring and implementing the project. Contract No. C26810 b. Construction Bid Package: A package of bidding documents which includes proposal, bidding instruction, contract documents, detailed estimated costs and plans and specifications for a construction project all prepared in accordance with applicable federal regulations. c. Director: The Director of the Orange County Environmental Management Asency. 1 2 3 4 5 6 7 d. Reimbursable Basis: The CITY will provide the funds for the project 8 and submit proof of payment to the COUNTY, whereby upon approval the COUNTY will 9 forward Community Development Block Grant funds to repay the CITY. 10 2. It is understood that the CITY is solely responsible for implementation 11 of the project, described as: Public Facilities and Improvements (H15.2). 12 This project will consist of the construction of approximately 450 linear 13 feet of 30-inch diameter reinforced concrete storm drain and five catch basins. The 14 project limits are on Mitchell Avenue between Newport Avenue and "B" Street (see map, 1§ Exhibit "B"). 16 It is agreed by all parties that funds shall be expended prior to 17 December 31, 1983. In the event that the CITY has not submitted appropriate invoices 18 for all approved project costs funded by the Block Grant prior to December 31, 1983, 19 this Contract shall be subject to termination at the discretion of the COUNTY. CITY 20 may, prior to the Contract termination date, make written request for extension thereof. 21 Such request may be granted by DIRECTOR upon his written determination of good cause. 22 3. CITY agrees: 23 a. Any amendment to this contract shall be submitted to and approved 24 by the COUNTY, prior to commencement by CITY of such project. 25 b. To be Project Manager for said project and to Submit any and all 26 third-party contracts funded through this Contract to COUNTY for review prior to 27 award of such contracts by CITY. c. To be responsible for design and inspection, including funding the --2-- Contract No. C26810 i costs related to those activities, unless funding for design and inspection activities 2 is provided for in Section 6.a. of this Contract. 3 d. To submit the Construction Bid Package for this project to DII~CTOR 4 for review prior to advertising for bids on the construction contract or prior to award 5 of such a Contract if sole source procurement is used. CITY shall not advertise 6 for bids until DIRECTOR has approved Construction Bid Package. CITY shall construct 7 project in accordance with the Construction Bid Package which DIKECTOR approved 8 unless prior written approval is received from DIRECTOR for deviation therefrom. 9 e. That all work shall be in accordance with CITY's governing building 10 and safety codes. 11 f. To maintain accounting records, official files, and other evidence 12 pertaining to costs incurred as required by all applicable HUD regulations, and all 13 of these shall be accessible for the purposes of monitoring, surveys, audits and 14 examinations by duly authorized representatives of COUNTY or HUD. These records shall 15 be kept available at CITY'S office during the project's contract period and thereafter 16 for three (3) years from the date of final payment of HUD Community Development glock 17 Grant Funds. 18 g. That the project shall be maintained for Co,-,unity Development pur- l9 poses as defined by applicable HUD provisions a= a level of operations and maintenance 20 adequate to ensure maximum benefit of the project by low- and moderate-income persons. 21 h. That the Director, shall biannually evaluate the CITY's progress in 22 complying with the terms of this co~tract. CITY shall cooperate fully in such evalua- 23 tion. The Director shall report the findings of each evaluation to the CITY and 24 Orange County Board of Supervisors. If it is determined by the Board of Supervisors 25 that performance or progress on performance is unsatisfactory, the Board of Supervisors 26 may terminate the contract or withhold further funding on the project pending resolu- 27 tion of the unsatisfactory conditions. In addition, the Board of Supervisors may 28 require reimbursement of any funds that it determines to be improperly expended --3-- Contract No. C26810 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 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 regulations, CITY will refund to COUNTY such sums as were improperly expended. j. To assume responsibility for California Environmental Quality Act compliance and to provide COUNTY with necessary information to comply with the National Environmental Policy Act. 4. Project Funding: a. The est/mated cost of the project covered by this agreement is: no/lO0). follows: Land Acquisition Design and Inspection Construction Contract $ 5,000.00 (Five Thousand Dollars and no/i00). $45,000.00 (Forty-Five Thousand Dollars and TOTAL $50,000.00 (Fifty Thousand Dollars and no/100). b. Based on the above estimate, this project will be financed as Block Grant Funds County Funds City Funds TOTAL $50,000.00 (Fifty Thousand Dollars and no/lO0). $-0- $50,000.00 (Fifty Thousand Dollars and no/100). c. COUNT~ shall not be responsible for any costs which exceed the ap- proved Grant amount(s). d. Payment by the COUNTY to the CITY shall be on a reimbursable basis unless CITY has been authorized and issued cash advances by COUNTY under this Contract. e. Cash advances requested by the CITY under this Contract shall be made by the COUNTY to the CITY if the following conditions are met: (1) The CITY has demonstrated to the Director through certification in a form prescribed by the Director and subsequently through performance, its --4-- Contract No. C26810 1 willingness and ability to establish procedures that will minimize the time elapsing 2 between the receipt of funds and disbursement of such funds. 3 (2) The CITY certifies to the Director, that the CITY's financial 4 management system meets the standards for fund control and accountability prescribed 5 in Office of Management and Budget Circular No. A-102 as amended from time to time. 6 (3) The CITY complies with the cash advance procedures as shall be ? required by the Financial Procedures of the Housing and Community Development Program 8 Office of County's Environmental Management Agency (hereinafter EMA). These procedures 9 require that upon written receipt of funds from the COUNTY, the CITY shall disburse 10 payment to vendor within five (5) working days and submit such evidence (i.e., warrants, 11 etc.) to the COUNTY. 12 If the CITY is subsequently found, by DIRECTOR, to be in noncompliance with 13 4.e.(1) through 4.e.(3) CITY shall be paid pursuant to 4.d. 14 f. Reimbursable basis payments, as referred to in section 4.d. above, 15 and/or cash advances described in 4.e. above, shall be made in accordance with the 16 financial procedures of EMA. In the event of conflict between such financial 17 procedures and any applicable statutes, rules or regulations of HUD, including 18 Office of Management and Budget Circular No. A-102, the latter shall prevail. 19 5. Neither COUNTY nor any officer nor employee thereof shall be respon- 20 sible for any damage or liability occUrring by reason of any action or omission of 21 ciTy or its agents, associates, contractors, subcontractors, materialmen, laborers, 22 or any other persons, firms, or corporations furnishing or supplying work service, 23 materials, or supplies in ~onnection with CITY's performance of this Contract and 24 from any and all claims and losses accruing or resulting to any persons, firm or 25 corporation for personal injuries or property damage resulting from or as a 26 consequence of, CITY's performance of this Contract under or in connection with any 27 work, authority or Jurisdiction delegated to CITY under this Contract. It is also 28 understood and agreed that, pursuant to California Government Code Section 895.4, Contract No. C26810 1 CITY shall fully indemnify, defend and hold COUNTY harmless from any liability 2 imposed for injury (as defined by California Government Code Section 810.8) occurring 3 by reason of any action or omission of CITY under or in connection with any work, 4 authority or jurisdiction delegated to CITY under this Contract. CITY shall act in 5 an independent capacity and not as officers, employees: or agents of COUNTY. ~ 6. Neither CITY nor any officer nor employee thereof shall be responsible 7 for any damage or ltabili£y occurring by reason of any action or omission of COUNTI 8 under or in connection with any work, authority or Jurisdiction not delegated to CITY 9 under the terms of this contract. It is also understood and agreed =hat, pursuant 10 to California Government Code Section 895.4 COUNTY shall fully indemnify, defend 11 and hold CITY harmless from any liability imposed for injury (as defined By /2 California Government Code Section 810.8), occurring by reason of any action 13 or Omission of COUN~/ under or in connection with any work, authority or Jurisdiction 14 not delegated by CITY under this Contract. 15 7. Where contract funds are withheld, and at the request and expense of 16 CITY, COUNgY will accept securities equivalent to the amount withheld pursuant to 17 Section 4 of Chis Contract. Such substituted security, meeting the requirements 18 of Government Code Section 4590, shall be deposited with COUNTY, or with a State 19 or federally charted bank as escrow agent. If security is deposited with an escrow 20 agent, it shall be covered by an escrow agreement. 21 8. In the event of CITY's failure to comply with the provisions of this 22 Contract, COUNTY may at its discretion withhold funds and/or reallocate funds 2~ to another activity considered by the COUNTY to be in compliance with the ACT. 24 /// 25 /// 26 /// 27 /// 2~ III -6- Contract No. C26810 IN WITNESS T~REOF, CITY has caused ~his Contract to be executed by its Mayor and attested by its Clerk; COUNTY has caused this contract to be executed by the Chairman of the Board of Supervisors and certified by Clerk of the Board all havin$ been duly authorized by the City Council of CITY and the Oranse County Board of Supervisors. CITY OF TUSTIN Dated: By Mayor 10 ATTEST: 11 12 13 14 15 16 17 18 19 2O City Clerk Dated: By SIGNED AND CERTIFIED T~AT A COPY OF THIS DOCUMENT gAS BEEN DELIVERED TO THE CHAI1LI~AN OF THE BOAR~. COUNTY' OF ORANGE, a political subdivision of the State of Califormia Chairman of the Board of Supervisors COUNTY 21 22 23 24 26 JUNE AT~YANDE~ Clerk of ~he Board of Supervisors of Oranse County, California PZ:decl192(10) APPROVED A~ TO FO-~: JN~ES G. .qOg~Ri~, CITY CITY OF ~JSTiN BY: -7- Exhibit "~' to CO~rfY/CITY Contract SPECIAL PROVISIONS I As Section 3 - Compliance With the Provision of Training Employment and 2 Business Opportunity 3 The CITY shall cause or require to be inserted in full in all contracts 4 and subcontracts for work financed in whole or par~ ~l~h federal financial assistance 5 provided under this Contract, the Section 3 clause set forth in 2& CFR 135.20(b), The 6 CITY will provide such copies of 2& Ci~ Part 155, as m~y be necessary for the lnfor~a- ? tlon of parties to contracts required to contain the said Section 3 clause. 8 Section 3 requires that to the greatest extent feasible, opportunities 9 for training and employment be made available to lover income residents ~ithin the 10 unit of local goverraaent or metropolitan area (or non-metropolitan county), in which ~ ~he project is located. In addition, to ~he ~reatest ex~en~ feasible, contracts for ~ work in connection with the project shall be awarded to business, concerns which are ~3 locate~ in, or in subs~an~ial part owned by, persons residin$ in the same. unit of local 14 g~vern~.en~ or metropolitan ar~a (or non-metropolitan county), in which the project is 15 located. ~6 The parties ~o this contract will comply wi~h the provisions of said ~ Section 3, and ~he regulations issued pursusn~ thereto by the ~ecretary of Housing 18 and Urban Developmen~ set forth in ~& CFR 135~ and all applicable rules and orders 19 of the Departnent issued thereunder prior to the execu£1on of this contract. The ~0 CITY ehall take appropriate action pursuant to the subcontrac~ upon a finding that 21 ~he subcontractor is in violation of regulations issued by the Secretary of Housing ~ and Urban Development, 2& CYR 135o The contractor will not subcontract wi~h any sub- ~ contractor where it has notice oc knowledge that the letter has been found in vio- l4 lation of re§ulations under 2& CFR 13~o The parties to this contract cer£1fy and ~ agree thaC they are under no contrec~usl or ocher disability which would prevent che~ ~6 from complying ~l~h these requirenents. (Source: ¥ol. 38, l~. 203, Title 2& CFR 135) ~ Bo Equal Emplo~en~' Opl,ortunity ~8 in carrying ouc the program, the CITY ehall not discriminate PaRe I of 13 1 any employee or applicant for employment because of race, color, rell$ton, sex or 2 rmttonal origin. The CITY shall ~ake affirmative action to insure that applicants 3 for employment are employed and that employees are treated durin$ employment, vith- 4 out resard to their race, color; religion, sex.or national origin. Such action shall 5 include, buc oat be limited to, the follouiflg: employment, upgrading, demotion or 6 transfer; recruitment or recrultmenl advertising; layoff or termination; rates of ? pay or other lorn, cmnpens~tton; and selection for training, including appren~ice- 8 ship. The CITY shall posl in conspicuous places, available Co employees and appli- 9 cants for employment, notices to he provided by ~he COUI~Y set~ing forth ~he provi- l0 siona of this nondiscrimination clause. The CITY shall, tn Ltl solicitations or 11 advertisemen~s for employees placed by or on behalf of ~he CITY, sta~e that all ~.1~ qualified applicants Mill receive consideration for employment vtthout regard to l~ race, color, religion, sex or national origifl. ~he CITY shall Incorporate the fore- 14 going requirements of 'this paragraph in Ltl of i~s coutrecls for prosrem york and 15 mill require all of its contractors for such ~ork to Incorporate such requirements 16 iH ail subcontracts for program york. Such contracts shall be subject ~o HUD Equal 17 Employment Opportuni~y regulations 2~ CF~ Par~ 110 aa applicable to HUD assisted 18 cons~ruction contracts. 19 The CITY shall cause or require to be inserted in full tH any non- ~0 exempt contract and subcontrac~ for construction york or modification thereof, as 21 defined in said regulations ~lch is paid for in ~hole or in par~ vith assis~ance ~ under the Contract, Ihs following equal opportunity clause: ~ #During ~be performance of this contract, ~he contractor agrees as follows: 1. The contractor Mill not discriminate against any employee or ap- plicant for employment because of race, color, religion, sex or nacioflal origin. The contractor ~ill take affirmative action to ensure ~h~ applicants are employed and that employees are treated during employment, ~rlthouc regard to their race, Page 2 of 13 color~ religion, sex, or national origin. Such action shall include, but not be lt~sited co, the folloving: ~mploymenC, upgradin~, demotion or transfer, recruiC~ent ~ver~isint. layoff or tamina~ton; ra~es o~ pay or ocher fo~s o~ c~nsation selection for trainln~, in~udin8 apprenCices~p. ~e con~racCor ~grees co pose conspic~ places, available co employees and applic~Cs for e~plo~enCo be pr~ided by the C~ set,inS forth the pr~isions ~a~e · 2. ~e ~nCraccor ~11, in all solicitations or advertisements for ~ployees placed by or on beef o~ Cho concraccor s~ce c~c ~1 qultfi~d appll- cu:a ~11 r~etve ~onaideracion ~or ~lo~C ~C~ouC regard Co rac~, color~ religion, sex or ~Cto~l origin. 3. ~e contractor ~11 sand co each labor ~rkera ~Ch ~ich he ~a a coll.clve bargaining agre~enC or other contract or undarsc~ndin~ a noCice.,advisint C~ said labor nion or ~r~r~s representatives of the concraccor*s c~imeec ~er SecCioe 202 of hecuctve Order 11216 of ~pcember 21, 196f, and 8~11 ~oC copies Of C~ notice in consplc~ places available Co plo~es and appllc~Cs for oplo~euc. i. ~e contractor ~11 c~ply ~ch all provisions of Executive ~der 11216 of Sepc~ber 21, 196~ and of the r~es, red.scions and relevant Orders of the ~cre~cy of ~bor. ~. ~e contractor ~11 furnish all in~o~Cion and reports required by ~ecuCive Order 11~t6 of ~pCober Ii, i~65 and by the r~es, re~acions and order o~ the ~creCary of ~bor or ~rs~nC chececo and 2II panic access ~o his boo~, records and accosts by ~ Department and the Secretary vtsci~acion co asc~rCain cmpliance ~ch such r~es, rei~aCions and orders. 6. ~ the ~c of the contractor's ~nc~pllance ~Ch the nondis- c~iminacion clauses o~ ~his con,race or ~Ch any of such rules, re~ulaCions or orders. C~s contract ~y be canceled, ce~inaced or s~pended in vhole or In Parc Page 3 1 2 3 4 6 7 8 9 10 14 15 '16 17 18 /9 20 21 24 26 27 28 and the contractor may be declared ineligible for further Covernmenc contracts or federally assisted construction contract in accordance ~'lCh procedures authorized in F. xecuClve Order 112&6 of September 2&~ 1965~ or by rules~ regulations or order the Secretary of Labor or as ochervtse provide, d by lay. 7o ~he con£rector .ill include the por£ton of the sentence preceedtng paragraph (1) beginning rich the vorda "During the performance of..." and the provisions of paragraphs (1) Chroush (7) in every subcontract or purchase order unless exempted by rules, regulations or orders of the Secretary of Labor issued pursuant co Section 20~ of the hecuCive Order 112&6 of September 2&, 1965~ so such provisions viii be btndln~ upon each subcontractor or vendor. The contractor viii ,take such action with respect Co any subcontract or purchase order as Department may direct as a means of enforcing such provisions, including sanctions for' noncompliance; provided, however, char in the event a contractor becomes involved tn, or is threatened rich, litigation v/ch a subcontractor or vendor as a result of such direction by'the Department the contractor may request Cha United States co en- ter trico such litigation co protect the interest of the Unlted States.ff The CITY further agrees thaC iC Will be bound by the above equal opporcuntCl; clause with respect co its ob-n employemenC practices when it participates in federally ass/aced construction work. The above equal opportunity clause is not applicable co any agency, instrumentality or subdivision of such CITY which does nsc participate ~ork on or under the contract. /'fie CITY asrees chat ic v/il assist and cooperate actively rich COUITrY, tlUD and the Secretary of Labor in ob.taintn8 the compliance of contractors and subcon- tractors trtth the equal opportunity clause and the rules, regulations and relevant orders of the Secretary of Labor; thac lc will furnish the COUI~I'~, HUD and the Secre- tary of Labor such Information as they may require for the supervisions of such con- pliauce; and char it will otherwise assist the above parties in the discharge of pr/mary responsibility ~or securing compliance. Page & of 13 The CITY further agrees that it wil.1 refrain from enterin$ into any con- crate or contract modifica£ion subject £o Execucive Order llC&6 of September lA,, 1965, v/th a contractor debarred from or ~ho has nec demonstrated eligibility lot, Cover~ent contracts and f~erally assisted conscr~Cion contracts pure.nc executive order and ~11 c~ry o~ s~h sanctions and ~n~Cies for violation eq~l op~rc~icy clause as ~y be ~sed u~u contractors and subconCr~cors by H~ or the Secretary of ~bor pure.nc ~o Part II, Sub~rc B of the ~ecucive Order. In addition, the CI~ a~rees C~c il it flails or refuses co c~ply ~Ch Chess undertakings, the CO~ ~y ~ake any or ~ of ~he follo~n~ actions: ~ncel, 10 minate or suspend in vhole or in part the grant or loan guarantee; refrain fram 11 tending any further assistance Co the CITY under the prosra~ vith respect co ~hich 1~ the failure or refusal occurred until sa~isfacCory assuranct of future co~pliance has 13 been received from such COETRACTOR (Source: H/CD Fundi:~g A~reement ~& and ~xecutive 14 Order 11246, Part II, Subpar~ Bt Section 202) 15 C. Federal Labor Standards 16 Except rich reepacC co the rehabilitation of residential property de- l7 signed for residential use for less than eight fmilies, the CIT~ and all contractors ~ engaged u~der contracts in excess of $2,000 for the construction, prosecution, com° I9 pletion or repair o[ any building or vor~ financed in uhole or in parc with assist- 20 ence provided under this con~racc, shall cc~ply vith ~D requirements pertaining to 21 such contracts and the applicable requirements of the regulations o~ the Department ~- of Labor under 29 C~R Parts 3 (~opaland ~c), 5. and 5s (Davis-Bacon Act), governing 23 ~he paymen~ of rages and the ra~io of appren~icee and trainees ~o Journeymen: Pro- 24 vid~d, chat' if ~ge races higher than those required under such regulecio~s are 25 posed by state or local law, nothing hereunder is intended ~o relieve the CITY of 2~ obligation, if any, to require payment of the higher rates. ~he CITY shall cause or 27 require co be inserted in full, in all such contracts subject co such regulations, 2~ provisions 2eating the requiremen~s of 29 ~R }.} and for such concrac£s in excess of Page ~ of i3 $I0,OO0, 29 CFR $a.3. ~fle "Federal Labor Standards ~ovisions' (HUD 4010) are ~ade part of c~s conC~ac~. ~ a~rd of Z~ con:races covered under chis section of the contract ~1~ be ~ade Co ~y concr~cor who is ac the C~e ine~ib~e under the provis~ons any appl~cabl~ r~ulaCions of the ~rcmenc of ~bor co receive ~n a~rd o[ such conCracC~' (Source: ~CD Fu~i~ ~re~enc ~7) ~ d~cs 8u~iC~ed b~ che C~ ~o the CO~Y which are required for c~pl~ap~e ~Ch the F~er~ ~bor a~andards~ s~l be certified as being accurate, and c~pleCe by C~ CLOy ~g~neer or c~ D~recCor of ~bl~c ~or~. (Source: ~a~e ~cy ~) ~e C~-z~ ~n any acc~v~c~ d~recCl7 or ~nd~reccl~ f~nanced unde~ co~c~acc~ shall c~p~ 1. ~C~e ~ of .the Civil ~8hCs ~C of 196~ (~b. L. ~-3~2), and regulations issued purs~nt thereto (2a ~R Part 1)~ vhieh pr~tdes t~t no person the ~lted ~tates s~ll on t~ i~ds of t~e~ color, or utioal otitia, be exclu- ded fro~ pattici~tion in, be denied the benefits of~ or be other~se subjected co discrim~ation ~der ~7 pro&r~ or Ic:ivi:y for ~ich the applicant receives Feder~ financial assteta~e and ~1 ~ediately tab any ~easures necessary to ef~ec:~te this assurance. ~ any real p~rty or structure thereon ts provided or improved ~th the aid o~ Federal financial aisista~e ~Cended to :he ~pplicanc ~ this assurance shall obligate the applicsnt~ or In t~ case o~ any transfer of such pro~rty, any transferee, for the period duri~ ~ich the real pro~rty or struct~e is ~ed ~or a put.se for ~ich t~ Federal financial allilcance la extended, or for another put- .se /solving the pre/s/on of s~/lmr semites or benefits. 2. lltle ~II of th CLv~ Gihtl ~t of 1968 (Pub. L. ~-28G), as ~ended~ a~iniszering ~1 prosram8 and aczivities relaZini Zo ~usin~ and dev~opm~z in · m~ner to ifil~aziv~y furzher fair ho~ing; and rill take Pa&e 6 of 13 Co affirmatively further fair housin8 in the sale or rental of housing, the financing of housing, and the provision of brokerage se~ces. 3. ~ct~on 109 of the F~nE a~ ~m~=7 Deve~opm~t ~C of and ~he regulations issued purs~nt ~hereto (~A ~R Par~ 570.601), vhich provides ~ no ~rsou In' ~ ~i~ed S~a~es sh~ll on ~ ~o~ds of race. color, natio~l orig., or s~, be ~ed fr~ ~r~ici~Z~n in, be denied ~he benefits of, or be subJ~ed ~o discrim~aCion ~der. any program or activity f~ded in ~ole or in . ~r~ vi~h fu~s pr~ided uP. er ~ Par~. A. ~ec~tve ~der 11063 ~ eq~l oppor~i~y in ho~tng and nondis- cr~inaCiou tn C~ s~e or rental of ~uatng buil~ ~ch Federal assisCa~e. E. Accessibility/Usability o~ Facilities and' Buildings for Physically Handicapped ' . ~a C~ ~ any ac~tvt~ directly or indirectly ftn~ced ~der con~rac~ sh~l req~t ~r7 buildin~ or ffacili~7 {ocher c~n a privately o~ed resi- den~ial scr~ure) desisned, con~cr~ced, or ~lcered.~h f~ds provid~ ~der Chis Par~ ~o c~ply'~h ~he a~erican S~andard S~cifica~ions for ~kl~ Butldl~s a~ Fsciii~ies ~cesstble ~, and ~ble by, ~he ~ysically ~ndicap~d," t~ber A-117.1-R 1971. subJ~ ~o Che ~cepcions con~ained In il ~R 101-19.601. ~e ~1 be res~nsible for cond~in~ ins~c~ions ~o insure c~pliance ~h ~se s~ci- ficaclons by ~ contractor or subcouC~or (~urce: 21 ~R Par~ 570.307 1. ~e C~ In any ac~ivi~ directly or indirec~ly financed under chis concrac~ s~ll: ~. To ~ ~reaCes~ ex~enc pr~ccicable ~der S~a~e law, comply Sections ~01 a~ 302 of Tl~le III (Untfom ~al ~o~r~y ~q~si~ion Policy) of ~he Unifo~ ~loc~ion ~sis~ance ~d ~al Pro~r~y ~quisi~ion Policies ~ of 1970 and PaSs 7 of 13 1 2 3 4 5 6 ? 8 9 10 11 12 13 14 15 16 17 18 19 20 21 23 24 26 2~ 28 at 2& CFR Part &2; and b- Inform affected persons of their rights and of the acquisition policies and procedures set forth in the regu.lations at 2& CFR Part &2 and 570.6O2 (b) · a. Comp~:y w~£h Title II (Uniform l~elocation Assis~ance) o~ the ~nifom P, elocetion A, sistance end ~eal Proper~¥ Acqu~zi~ion Policiaz ~ o~ ~970 H~ ~mpZ~n8 res~a~on, ~ 2~ C~ ?ar~ ~2 and described tn ~cCion 205 of the ~ifo~ ~l~acion ~sistance ~c ~o all ~rsons dis- placed as a res~c of ~quisicion of real property for an activity assisted under the ~iCy ~evelo~ec. Bl~k Grant ~o~ram. Such ~enCa and assistance s~ll pr~ided in I fair. and consistent a~ eq~cable ~anner Cbc insures cbc the reloca* Cion process d~s hoc result in different or se~raCe CreaCn~C of o~h ~rsons on actual of r~e) coloro religion, ~ional orit~, s~, or source of 3. ~su~e C~co ~c~n a reaso~ble ~riod of ~ime prior ~o displace- men~, c~parable decent, safe and sanitary replac~C dvelll~s rill be available co ill displaced fan~les and ~divid.~ls and cbc c~ range of c~ices Ivailable s~h persons ~11 ~C vary ~ acco~c of their r~e~ color, relition, ~ional origin, sex~ or so,ce of income; ~nd i. ~fom effected ~raons of c~ rel~a~lon asstsCance~ policies and proc~vres sec forth tn the resulactons ac 2i ~R Parc 12 and 570.602(a). (Source: C. Lead-Based Paint Hazards ~e construction or rehablliCaCion of resldenciai structures vi~h stscance pr~ided under C~s ~nCracC Is sub~ecc co the ~D ~ad-~ Pain~ re~ula- Stuns, 24 CFR Part 35. ~y irancs or loans mede by C~ CITY or york perfumed by the ~I~ for the rehibili~,~ion oi residential structures ~lth assistance provided 1 under this Contract shall be made subject to the provisions for the elimination of ~. leadbase paint hazards under subpart B of said regulations and the CITY shall be re- 3 sponsible for =he inspections and certifications required under Section 35.14(f) 4 thereof. (Source: R/CD FundinK A~reement ~5 a~d 24 CFR Part 35) 5 lis Flood Disaster 6 This Contract is sublet= to =he requirements of the Flood Disaster Pro- 7 cection Ac= of 1973 (P.L. 93-23&)o No por=ion of the assi'stanca provided under this 8 Concrac£ is approved for acquisition or construction purposes as defined under Sec- 9 tion 3(a) of said Ac~, for use in an area identified by the Secretary as havinK 10 special flood hazards, which is located in a community not than in compliance with 11 the requirements for par~tctp~£ion in the usttona~ flood insurance program pursuant li to Section 101(d) of Said Act; and the usa of any assis=ance provided under ~his Con- 13 tract for such acquisition or construction in such identified areas in co,~munities 14 ~hen p~rcicipa£int, in the naZion~l flood insurance prosram shall bm subject to the 15 ~andeCory purchase of flood insurance requtromencs of Section 102(a) of said Act. 16 Any Contract or A~reemen~ for the calm, lease or other transfer of land 17 acquired, cleared, or improved vith essis~ance provided under chis Contract shall 18 contain, if such land ts located in an area identified by the Secretary as having 19 special flood hazards and in vhich the sale of flood insurance has been mede avail- ~0 able under ~hm Eational. Flood Insurance Act of 1968, es amended, &2 U.S.C. ~001 et 21 seq., provisions obligating the transferree and its successors or assignees ~o obtain ~ and naintaln, durin~ the ovnershi~ of such land, such flood insurance as required ~3 with respec~ ~o financial assist, ante for acquisition or construc~ion purposes under 24 Section 102(a) of the Flood Disaster Protection Ac~ of 1973. Such provisions shell ~ be required notwlthstandin$ the fact '~hat the construction on such land is no~ itself ~6 funded with assistance provided under this Contract. (Source: It/CD Fundin$ 27 Agreement ~8 The CITY shall comply ~ith thl provisions of Executive Order 11296, relacin$ Pass 9 of 13 1 2 6 ? 8 9 12 16 18 19 20 .23 24 to evaluar, ton of flood hazards and Executive Order 11288 relating to the prevefltlon, control, and abatement o£ .acer pollution. (Source: Vol. 2& CFIt $70.307 (J)) I. Compliance w~th Air and S~ater Acts The CZT~ shall cause or require'to be inserted tn ful! in al! nonexompc contracts or subcontracts for work furnished in whole or in pert by the grant con- -tracts, the follow/mr requirements (provided that contracted' subcontracts and sub- loans not exceeding $100,000 ar.e exempt from this part: This Contract /s subject to. the requirements of the Clean amended ~,2 USC 1857 et seq., the Federal Water Pollution Control AcC, as aunended 33 USC 1251 et seq. and the regular/one of the Environmental Protect/on Agency ~rlth respect thereto, at &0 CFlt Part 15, as 8mended from t/ne ~:o Zn compliance with said regulations, the CITY shall cause or requ~.re Co , be /hearted /n: full* tn, all contracts and subcontracts deal/ns w/th any non-exempt transact/on thereunder funded ~th ass/~tance prov/ded under th/s contract, the fo1- · lowJ. ns requ/remencs: Z* A stipulation by the contractor or subcontractors that any to be ut/l/zed tn the perfomanoe of any non-exempt contract or subcontract ts not 1/sted on the list of Violating Facilities issued by the Environmental Pro,action Agency (EPA) pursuant to &0 CFI~ 2. ~reement by the Con~ractor that he ~lll co~ply ~lth all the re- quirements of Section ll& of the Clean Air Ac~, es emended (&2 USC 1857c-8) and Sec- t/on 308 of the Federal Water Pollution Control Ac~, as amended (33 USC 1~18) relating to /nspect/on, monitoring, entry, report~ and Information, as ~el! as all other requ/re~nents specified ~n said Sect/on ll& and Section 305, and all re§ulet~ons and gu/deltnea issued thereund~ro ~o A etipuletXon ~hnt as a condtt~on for the e~ard of the contract prompt notice ~lll be given of any not~fication reee~ved from the D~rector of ~he Page 10 of 13 1 EPA, Office o£ Federal Ac£ivl£1ea or any agent of chat office, thac a facility 2 utilized or co be utilized got the contract is under consideration Co be listed on 3 the EPA list of VlolaCin~ Facilities. 4 i. ~ A~reem~t by the contrac~r t~t h~ eli include or cs~e :o 5 lnduded ~he criteria and requir~ents in parairaph (1) ~hroulh (1) of ~his section 6 ~ every non-~em~ subcontract and r~quirinl ~ ~ contractor ~11 ~a~ such ~ ic~ion as ~ Cover~enc s~y direc~ as a means of tniorclnl s~h pr~lsions. ~ ~ no even~ shall ~y amo~ of the assistance provided under ~his con- 9 tract be utilized ~Ch res~cc co a facility ~tch ~s ~iven rise co a convic~ton 10 ~der ~c:ton ll~(c)(l) o[ ~he ~ean ~r ~t or ~c~ioa 109(c) of ~he Federal ~aCer I1 Po~lution ~ucrol ~c, (~urce: R/CD Fundln& A&re~enc ~ J, ~na8e~nC Compliance 13 ~ C~ ~ ~y accivic7 directly or indirectly financed under 14 contract shall c~ply ~ch the regulations, policies, tuid~lnes and requirenencs 1~ ~2 Circular ~. A-10I, ~vised, and Federal ~nag~C ~irctar 714: ~os~ p~inci- 16 pies applicable co ~rancs and contracts ~Ch Scats and local ~overm~cs, and Federal 17 l~nagem~C CircUit 7l-7: Uniiom ~n~iscracive ~quirnmcs for ~ranc-in-aid Co 1~ ~CaCe ~d local ~er~enca as Chay relics co the application, a~inlscraCion, accept- 19 ante and ~e of Federal f~ds ~der chis Parc. (Source: Vol. i1, }~. ~1, Title 2~ ~ Parc f70.30~ 21 E. Oblttacions off Contractor rich Respect co Certain Third Parcy ~ Relationships ~ ~e ~ shall re.in fully oblitaced ~der ~he provisions of this con- ~ Cr~c nocvi~hs~anding los desi~naCion, of any chird party or ~rcies for ~he under- ~ ~ng of any par~ o~ Che program ~Ch res~cc co ~tch assistance Is being provided 16 nnder chis contract Co the C~. S~h third ~r~y or par~les shall c~ply vi~h all ~ la~ul requiren~s of the C~Y necessary co insure C~C the pro~ram ~i~h respect co ~ ~tch assisCa~e la bein~ pr~ided under ~his contract Co the CI~ Is carried ouC Page 11 of 13 2~ 3 4 5 6 7 8 9 10 13 14 15 16 17 18 19 21 26 27 accordance with the CITY's assurances end certifications, lncludin$ those with respect co the assumption of envirorunencal responsibilities of the CITY under Section 10&(h) (Source: H[CD Fundin$ Agree- of the Housing and Community Development Act of 197&. L. Interest of Certain Federal Officials No member or Delegate to the Congress of the United States and no ltasi- dent Co~nissioner, sh~ll be admitted to any share or part of this contract or co any benefit to arise from the same~ (Source~ H/CD FundinS Agreomanc }1. Interest of Hembers, Officers or Employees of CITY, Hembers of Local Governing Body or Other Public Officials Ho momhar, officer or omployee of the COUTFI~ or CITY or its designees or agents, no uember of the governing body of the locality in vhich the progrmn is sicusced and no ocher public 'official of such locality or localities who exercise any fuuccions or responsibilities rich res'pact co the program dur{n~ his tenure or for one year thereafter, shall have any interest, direct or indirect, in any contract, subcontract or the proceeds cherenf, for m2rk to be performed in connection rich the program assisted under this contract. The CITY shell incorporate or cause to be corporaced, in all such contracts OF subcontracts a provision prohibiting such inter- est pursuant co the purposes of this section. [Source: H/CD Funding Agreement and Vol. 13, ~o. Il, Tltie Ii CF~ 570.307 II. Prohibition Against Payments of Bonus or Con~isaion The assistance provided under chis contract shall nsc be used in the ps.neat of any bonus or coenission for the purpose of obtaining HU~ approval of the application for such assistance or HUD approval of application for additional assist- ance of any ocher approval or concurrence of HUD required under chis contract, pro- vided, however, that reasonable fees'or bona fide cechnicai, consultant, managerial or' other such services, ocher chun actual solicitation, are nos hereby prohibited if otherwise eligible aa program cost. (Source: It/CD Fundin~ ARreeu~nc Page 12 of 13 1 2 3 4 6 7 $ 9 10 11 13 ~4 15 16 17 21 26 OD Hatch AcC Compliance The CITY and COUNTY shall comply vi~h the provisions of ~he t~Cch which limits r. he poliC~ca~ activity of ~p~oyees. (Source: Vo~. ~3, ~, ~1, T~e 2~ ~R Par~ 570.307 (q)) P. Definitions ~rouj~ ~b~se S~chl ~ovisions ~ meanini of vords shall be meanin~ liven by ~he ac~, re~ulacion, hecu~ive O~der, Federal I~na~en~ Circular, agre~, or rule ci~ed ~rein as ~he source ~or the section in ~ich ~he vord ~ars. (~urce: ~an~e ~unzy Feder~ ~nag~t Cir~ula~ 7~-7 ~s been replaced ~h Of/ice of III 111 III II1 III III III I/I III II! III II/ III III 111 III ~P:dlc!161(lO) PaSe 13 of 13 - ~---~1755.01 , ~V~4E ) Contract No. C26810 - Exhibit "B" 755.~ Public Facilities and Improvements: 1' = ~'~ZO0' CITY OF TUSTEq ENVIRONMENTAL MANAGEMENT AGENCY