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HomeMy WebLinkAboutRESOLUTIONS - 10042004 - 71-899 IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the flatter of Authorizing } Execution of Grant Agreement , RESOLUTION NO. 71/ 899 HUD, North Richmond Storm } Drain Project } RESOLUTION AUTHORIZING EXECUTION OF GRANT AGREEMENT The Board of Supervisors of Contra Costa County RESOLVES THAT: The County of Contra Costa, State of California, (the "Appli- cant") has heretofore submitted an application to the United S'tate's of America, Department of Housing and Urban Development (the "Government'" ) for a grant under Section 702 of the Housing and Urban Development Act of 1965, as amended, to aid in financing a certain public works identified as Project No. WS--Calif-436. The Government has approved the said application and has submitted to the Applicant a' certain Grant Agreement (the "Agree- ment") ,for approval and execution by the Applicant , which said Agreement is satisfactory. NOW, THEREFORE, BE IT FURTHER RESOLVED BY this Board of Supervisors of the Applicant, that the said Agreement , a copy of which is attached hereto, be and the same Is hereby approved. The Chairman of this Board is hereby authorized and directed to execute the said Agreement in the name and on behalf of the Applicant , in, as many counterparts as may be necessary, and the Clerk of this Board is hereby authorized and directed to affix or impress the official seal of the Applicant thereon and to attest the same . The 'proper officer is directed to forward the said .executed . counterparts' of the said Agreement to the Government , together with such other documents evidencing the approval and authorization to execute the same as may be required by the Government PASSED AND ADOPTED' 'on December 28 , 1971 by this Board. C E R' T I F I C T E I the undersigned, hereby certify : (1) that I am the duly appointed, qualified and acting Clerk of the Beard of Supervisors of the Applicant designated in the foregoing Resolution Authorizing Execution of Grant Agreement; (2) that I am the custodian of the records of the Applicant 'including the records'» of its Governing Bode designated in the Resolution' (3) that the above copy of the Resolution is a true' and correct copy of the said Resolution as adopted at a. duly authorized meeting of the said Governing Body RESOLUTION NO. > 71/899 held on December 28, 1971, and on file and of record; (4) that the said meeting was duly convened and held in accordance with all applicable laws and regulations , that a legal quorum was present throughout the meeting, that a legally sufficient number of members of the said Governing Body voted in the proper manner for the adoption of the said Resolution, and that all other requirements for the proper adoption of the said Resolution were fully observed, and (5) that no action has been taken by the said Governing Body or the Applicant to reconsider, amend or rescind the 'said` Resolution. 2N WITNESS WHEREOF I have hereunto set my .hand and the seal of the Applicant this 2hh day of .December, 1971. W. T. PAASCH, County Clerk and ex officio Clerk of Said Board of Supervisors (SEAL) By Elsie Pigott, Deputy Cler Tape Name VJW:me -2- RESOLUTION NO.. 71/ 899 ... ..... . ..... tj�a��r Z:lt.2J:a:+t OF �W'.da/t. A- 433Av-1 Y✓'t.r l�tiiMi'.'.♦f�•rt`e (:rater n.: �',tcili tits 'Grant 1'rotjram) , &am* of Applicant; contra t:o to County Project ;.o. 4-Calif-436 hddresq: County Adi,.Anistration iWildiag Pine and Ecotrar Streets federal Contract ,.*. I1--602-4107 %aartinez, California 945:53 IVIS 'C;.;Ar#T J1Gz' L,11X' dated as of September 1, 2971 by and bettleen the County of Contra 'Costa (herein called tiro ''rte 13 ca.�t") , and the United States of America, Secretary of Kousieeh and €3'rb rn bevelom.lent (herein called the "Government").* That for and in consideration of the mutual promises hereinafter contained, the partiea hereto do convenant and agree as fallo'ss: Section 1. Amount and YutZogc. Subject to the zerris and Conditions attached hereto and made a part hereof, and the nrovi.siorrs of this A ree*-,+:nat, the novcrnmesnt - will r.;ahe a Grant to ttre applicant on account of the rro ect. 1%., e, grant ,shall in no evert exceed tite lesser of (i) 90 percent of, the L1i i?plc Project Cost, not including tile cost of relocation na-�r-oats and a4sis tanec, as determined by the Goveranent on completion of the Project, such cost nr,esentI7 estimated at 429545,400 and the vovernmont's $siea~tre of the cost of relocation payments, and assistance provided by the: applicant in connection vien the Project as specified in Section 5 of thus . aarcrare nt, or (ii) 42,301,30D. Section 2. ;.sczerintiou of tine Protect. Ilia t#roject shall connist of construction of an .addition to the storm draina,-e ,vstem in the unincorporated North Richmond portion of tiro County, coasistiaa of a punpinw station, aoprocimtely 11,000 feet of 1e thru 72 inch pipel.tne, 1600 fact of triple 60 and 66 inch ripaline, 350 feet of quadruple 48 inch nrogsure viveline, 13.000 cubic, vaards of outfall chavinel excavation 3300 cubic yards of levee foundation excavation, 6100 cubic yards of levee earth fill~ and related, appurtend ces and connections (herein called the '`rro;ject). Section 3. Government P eld L:asen4e. The amount of Cite fixed fee for Government Field exnense referred to in Section 32 of they attached"Terms and Conditions shall be *9,500. Section 4. :eduction in Grant. Vie Covernment shall have the ri.Uht to reduce tiee3 an-aunt of the: Grnn,t upon t ivinr the lnnlic.ant written notice, if the r-lit-lible Projeut coat After award of ,construction contract: in determined by the Government to be less than tho *a titnated cost upon ra#i,icie the n t�ir uIrtted amount of the C;rant was based. Section 5. ",el.ocaatioh Vav-monts. 'Ilia aroli.cant a rees to make relocation pdyments and payments for eli iAb le expenses, incidental to t r,ar►$fer of title And cusreler.na>rion litigation and Co provide relocati.on a,si5tarce to or on behalf of cli^ible disnlaceen in accordance with tired tothe full extent nerwitted by they rr.3ulntionrs or the require- r:cnt.4 of tiro Se�crctary of tiorzsinf: and t.rb.aa s?evelory-sent and within the budpettary limits of titin A- reemant. s.tltwitivizatictin�• zn-: o0icr provisionof this,Agreo-rx-nt, et+e Govurnr4nt shall provido a grant to fume'. t:=C first $25,090 of the cost to tile: ranpli- cant of orovidi.{rte such. pay wpt; :tnrl aa.gJC ta;IVce for eacl.i r_k'i i.hle displaacce, pursuant to such r+crtulotionss or ottrcr refrsuireiments, dtasplraccc: prtor to Jsily 1, 1912. Costs of tine aprlicant for providing aauc?e pr;sviiontn and assistance if; excpsa of i4aid $25,000 ' per ell-Ible displacea on account; of di,sanl.accr.ient occurrin g, nrior to July 1, 1972, and all car;►ts of tial' sap cant for 'pravlrlta ssucii paynantsS seed assistance on account t of occurrin oiz or after JuIv I, 1972, 31salt be treated and funded as are ot:;cr ellgil)lc Project costs. grant funds fro,--i the total amount thereof set forth in sectio'' 1 of this Aare, .:;cnt, u3:'~:1 to fund the cast of relocation payments dud a.36i tancr_ in accordance wita Cris Section of this Al-rr.0ment shall not without tae r�rior writtcn consent too Secretary of i1our.ing and Urban :ievelopa:ent, exceed 410,500. Section t,. S,pc aL Coaditiai►s. 11te Coverniaent's oaligation to rmke t`re grant is also au5ject to the Special conditions attaciaed hareto anti,r.wde a part hereof as f'1t"taC'f mcnt A, B, chit C. IN WJTi:i.:SS .iI-I'I , ri', t4is A rec."mt has been executed in the name and on ?)ehalf of the County of Contra Costar 4y the undemi^ned official, and under its official seal, attested by its County 4,erk, and in the nA a and on behalf of the United 5tatcm of .%awrica, Secretary of liousing and Urban t evelop-imat, by the undersigned official. GMMY OF CO T IA CWTA Br> {/ James F(SineC��e) enn irmara Bard of Supe i0dors l Tr `qt�@ or Print Aie ;;4- REI AT7 LWrj SatS;tra tures "xyPe ;v Mnt viame and Title U`a ITZ0 STATL.5 OF XW.RICA Secretary of Housing and Urban Ueveloocent Date of cution by the Government Area Director San, Francisco Ace* Office , 4 U.S. 12 PARTIENT OF HOUSING*AND URBAN DEVI+4�1` ; ' ATTACI3 NT "Asp T AND CONDITIONS c Constituting Part of the Grant Agreement Providing for the Financing .and Construction of Mater or Sewer Facilities Under Title 'VI,I Of Housing and Urban Development Act of 1965,. Public Law 69-117: August 100 1965• Sect on l Definitions.--As used in these Terms and Conditionss - � "Government" moons the United States of America. _ € Vrojeot" means the Water or Surer Facilities, covered by the grant Agreement. y "Grant Agreement" means the contract between the Government and the ' Grantee covering the Project and includes both these Terms and Conditions and any other contract documents attached thereto or made .a part thereof. "Grantee" means the public entity-or .entities• designated in the Grant Agreement. "Project Cast" means the cast of construction Mork for the Projects ! cost of necessary 4rchitectural/eng neering services) legal., } adinistrative and clerical costs„ cost of land acquisition, necessary travel expenses, interest daring constructions and other necessary, miscellaneous expenses. MUM* Project Cast" means the cost of construction, of land acquired for the project, and of site improvements„ all as determined by the Goverrmnt. rDepository" means a. bank or trust company wh ch,is a member of tho Federal Deposit Insurance Corporation. PPyroject. Site" means any of the Land,, rights-of-way,* easements, or other interests in land acquired by the Grantee in connection € with the development of the site, x "Secretary" means the Secretary of Housing and urban Develre3nt or his authorized representative. Section 2. Prerequisites to Goverment's Obligations.-•-The Government shaU be vnder no obligation to disburse funds under the Grant Agreement ifs `r Y►a R ;resentratcrns..»-Arty representation made by the Grantee to the - Government in connection with the application, shall, be incorrect or incomplete in any material respect, or the Government determines than the Grantee has failed to proceed promptly with Project financing or construction. (b) concurrence b Government i--The Grantee having submitted to the Government the documents mentioned in Section 16 hereof, .shall have proceeded without having been advised by the Government that the same are satisfactory; it being the purpose of this proiision to insure that no action will be »taken in the cWvelqM=t of the project which )WD ` 420 (6-71 _ fi+ • • . } would resisl,t in legal. or contractual violation re Ln(; it Iiiipossibl.e for the Coverrunont to make the ant hereunder or for # + tyro pai7ties to accomplish the objects of the Agrcement,, .. i (c) Prohibited Interests.--Any off"icial, or employee of the Grantee , who cx3rcises any functions or responsibilities in connection with the carrying out of the Project has, during his tenure or for three � years thereafter, an interest in any real property included in the ' � project, or any financial interest, direct or indirect, in any � x contrast or subcontract pertainingto the project. The Grantee -{ shall adopt and enforce such measures as are required by Section 33 of these Terms acid,Conditions to offoctuate this provision. ' .. j • fid} LitiCation.--Thera is then pending litigation with respect to performance by the Grantee of any of its duties or obligations ullAch may jeopardize or adversely affect the Project or this Grant Agreement. o} . Performance.-•»Any event has occurxea which makes the aceavl.ishnmt or the Project by the Grad impossible, :'hnprobable, inf+ asible, # or illegal. Section 3. Grantees r s Pends.--The Grantee shall initiate and prosecute to' � completion all Proceedings necessary to enable the Grantee to provide its � shard of the Project Cast on or prior to the time that such funds are needed to- , meet project costs, ' r Section 4. ?eral batters.-• -The Grantee shall take all actions r eceasa7ry to a enable it to 'finance, construct, and develop the project in due time., form and mariner as required by lair and the. Grant Alpreement. section 5. band Ac uistion.--The Grantee covenants and agrees that in acquiring � areal property for the project it will be guided to the greatest extent•practicable { under. State law by they land acquisition policies in Section 301 and the provisions of Section 302 of the "Uniform Relocation and Peal Property Acquisition Policies Act of 197011 and that it will comply wtith. Socticns 303 and 304 of said Act. + r Section b. job 02p2rtunities for Un-sand Under-�.errrpl.ad-_APPli.cant shall be f responsible or assuring, in accordance: with such rules or procedures as may be proscribed by the Govermnent, that to the maximum extent practicable there are provided in connection tri.th the construction of this project now job opportunities ' for the unemployed and underemployed. In, carrying out this responsibility � applicant shall include or cause to be included in an contracts for construction iior.•k in connection with the Project a provision stating that the contractor (l) ' $halal, to thoa maximum extent practic blo$ follow hiring and employment practices whish !Trill assure that pm-formance of Project work results in new job opportunitief for the unemployed and underemployed,, and (2) shall invert or c� to be inserted the same or a similar provision i n each .construa�tion subcontract:,. � Sections 7-8. CMt : E 1 1899 Section 9: Records of Megot:i_at ems. - ThQ Grantee coven is and agrees that it will maintain- corp]ctv and accurate records of all ncgo4ations and other actions affectinC acquisition of any property in connection with the Project and such records shall be available for inspections by representatives of the Governnrmt. Such records shall be maintained in one place for a period of at - least three', years following completion of construction of the Project. Section 10. Disbuirsment'of Grant Funds for Land Acouisiti.on.—The Grantee may requisition disbursemewW on account of grant provided in the Agreement for acquisition of land at anytime after receipt of the Agreement as needed to enable the Grantee to make payment as required under Section 5 above, provided 1) no impediment exists which would prevent carrying forward of the Projects and } the Grantee has a firm and binding commitment for its share of the Project costs, and (3) the cost of the land so acquired is acceptable to the Government € In the event the Project for any reason is subsequently abandoned; the Grantee covenants and aWrees that it .will repay any funds disbursed hereunder. Section 1.1. Grant Disbursements.--The Grantee mayrequisition disbursements on account of the grant provided in the Agreement at any time. Such requisitions. shall be accompanied by such supporting data as the Government may require. The # Government shall honor, subject to the provisions of the Agreement, such requisitions in amounts and at times deemed by it to be proper to insure the expeditious prosecution'and payment to the costs of the Project. All disbursements by the Government on account of grant provided in the Agreement shall be deposited directly; in the Grantee's designated depository by the Goverment. No request for review of a determination: of the, Government affecting the grant payable under the Agree- ment will be considered un ods such request is received by the Government not Later thanthree months following notice to the Grantee of such determination. In no event shall the 'total amount of grant funds disbursed to pay land and construction costs exceed 90.percent of the grant amount specified in the Agree- ment for such costs until after the Project has been completed and audited,, and s the f incl grant amount determined by the Goverment. Section 12. Preren:u Lsites to Disbursements.--Prior to the Government' disbursing*.. any portion of time grant except as provided otherwise in Section 10 above, the � Mantes shall present satisfactory evidence than (a) It has obtained, or can obtain, all land, rights-of-way, easements, permits franchises, Federal, State; County, and Municipal, approvals ,E required in connection with the constriction and operation of the . projects including approval of the final plans and spocifications by the appropriate State authorities; s ' ( ) It has the funds or a firm and binding cling comniiment to provide its shares of the Project Cost; ` (c) It has deposited into the designated Account, any portion then available of the funds to be furnished by the Grantee to meet its share of the Project Cast and that it will, promptly deposit arty remaining portion of its share of the Project Coat in order that all f payments in connection with the Project can be made as the same . became duel . JWD4#142D (6-71) t The Project can be completed at a total cost satisfactory to the Goy orament which will, be witili.n they amount fundo available therefor; and (e) It is able to provide or obtain the provision of all necessary, # building or household connections and local collection or distribution laterals as determined by the Government from sources. other than grant funds hereunder. .,.Section 1.3., Construction Account.--The Grantee shall establish and maintain with .,a designated Depository, or a fiscal, agency of the Grantee fixed by law, a t.t,separate, account or accounts {herein collectively called the "Construction {#`Account") into which shall be 'deposited any temporary loans,, Government grants, and the additional funds required by the provisions of the Grant Agreement to be tt" furnished by the Grantee in order to assure they payment of all Project Costs. Moneys in the Construction Aecount shall be expended only for such purposes as shall have been previously specified in tha 'Project Cost estlmatees appr�+ved by the Goverment. Tha Grantees shall pay all Project Costs from the Construction Account. ,. Moneys in the Construction'Account shall be secured by the Depository in the f manner prescribed by statutes relating to the-securing of public funds. Where the moneys on deposit in the Construction Account exceed the estimated disburse monts on account of. thea Project for the nex,9a days, the Grantee may diroot the wpository to invest such excess ands in direct-obligat ons r f,- or obligations .:` the principal of and interest on Bch are guaranteed by$ the United States Governmeant$ 'whish shall mature not later than 18 months after the date of ;ouch « investment and vhich shall be subject to redemption at any timer by, the holder } thereof. ; After completion of construction and payment of all costs,of the Project,, any .. balance in the Construction Account shall remain therein pending determination by the Goverment of the total. Project Cost and thea grant. Such balances shall s be used to refund promptly to the Government any overpayment made, with respect to the grant; any amount thereafter remaining shall be available for disposition by the Grantee in accordance w:1th its other contractual, agreements, applicable. State or local lata or other governing conditions. section 14. Pres t Procedure - Economic Construction.--The Grantee covenarLs z and agrees that it1will proceed promptly with all matters necessary to the financing and the dwmlopmentr of the N-ojerct; aid that the Project will be under- taken and developed in such manner that econoqr krill be promoted in ouch develop- ment and in the construction work. j , 56etion 1.!'. Apmmld and ftrmi,ts.•-The Grantee shall obtain approvals and permits required by law as a condition precedent to th! acquisi.t ,r construction# devel ent* and operation of the Project* WD4A C7 (6-71) w , Section 16. Subnisslon of Procoodi n Er Contract and Othoi Documents. Grantees shall submit to the Government such data, reports, rcct pd3 and docu nts t relating to the fi. ancitrg, construction, and ogeration'nf the project as the Government may require. Approval of.the Govermont mush be obtained prior to the assignment of any interest in or part of a`ny contract relating to the Project. • " Section: 17. Construction b Contract.w-All. work on the Project shall be done under contract and every opportunity shall be given for fres; open and compvtit Ts bidding for each and every construction., material, and equipment contract. The Granted shall give such publicity by advartisement or calls for bids by it for the furnishing to it of work, labors materials, and equipment as required by applicable law and as will provide adequate competition; and the award of each contract therefor shall be made, to the lowest responsible bidder as soon as practicable: Provided, that in -the selection of equipment or materials the . Grantee may, in the interest of standardization or ultimate economy, if the. advantage of such standardization or such ultimate economy is clearly evident, and if permissible under applicable local lad,, award a contract to a responsible bidder outer than the lowest in price. `The Grantee shall. prion to the award of a contract,, obtain verification frcm the Government proposed contractor is not debarred from participating in Federally assigted construction activities. Smear 'verification is required for subcontracts relating to the Project. ., Section ISO Chang es in Construction Contract.—Any change in a construction contract sh 1 be suh-nizted to the Goverment. Section lg. Contract Security---The Grantee shall. require that each construction contractor s z�all f'urtFER a' rformance bond in an amount at least equal to 100 percent of his contract price as security for the faithful performance of his contract and also a. payment band in an amount not' less than 100 percent of his contract price or in a penal, scan not less than that prescribed by- State, territarJA11 or local lair, whichever is Croater as security for the payment of all persons } performing] labor on the Project under,ii.s contract and furnishing ng materials in connection with his contract. The performance band and the payment bond may be in one or separate instruments in accordance with'local, law. Section 20'. Insurance During Construction.--The Grantee shall require that each of its contractors and all subcontractors maintain during the life of his contract, worit men's comFensation Insurance, Public Liability, Property Damages and Vehicle Liability Insurance;,' in amounts and on terms satisfactory to the .Government. Until. the Project is completed and accepted by the Grantee,, the Grantee or (at k the option of the Grantee) the contractor is requiared to maintain Builder'S '. . Risk Insurance (f'iry •and extended coverage) on a 3.00 peretut basis (completed value fox-in) on the insurable portion of the Project for the benefit of the Grantee the prime contractor., and all subcontractors, as their.interests Mayan t y appear Section 21. Wage Rtes.--7ho grantee sharp comply idth the provisions of tlu Act of March 3s 1931 Tbavi.s.Baeon Act= 40 USG sec. 1'76),, as amorAedt 'and the applicable rules and regulations issued by the Secretary of Labor thereunder whichare itaorporated herein by reference. The Grantee shal,.l douse to be inserted a 71 T At -in each contract or subcontract subject to t1lo Davis-Bacon Act thes provisions required by the regOationa of tho Secretary of Labor. specific Section 22. Contract Work Notts.-- The Grantee shall comply with the provisions of the Contract .Work Hours Standards Act (40 Use secs. 327-332) and the applicable rules and regulations issued by the Secretary of Labor thereunder which are ibcorporated ,herein by reference. The Grantee shall cause to be inserted in each contract or subcontract subject to the Work Hours Standards Act the specific � provisions required by the above. regulations. t Section 23. Copeland Act.--Thr: Grantee shall ccm 1 with the• p Y provisions of the Act° Anti-Kickback Stat. 1948, as amended, and the applicable rules and regWiAtions issued byt ie Secretor of Labor thereunder which are incorporated `! herein by reference. The Grantee shall cause to be inserted in each contract or subcontract subject to tho Copeland Act the specific: provisions required by the aliovo regulations. Section 24. ra:Ment cif__i�uloyees.--The Grantee shall require of its contractors drat all employees engaged in work. onthe Project be paid in full (less deductions made mandatory by late) not less often than once each week. . section 25. Accident Prevention.--The Grantee shall require of its contractors that precaution shall be exercised at all times for the protection of persons (including employees) and property, 'and that hazardous conditions bei guarded . against 'or eliminated. � Section 26. Supervision and Ins ction.--The Grantee shall provide and maintain on its own behalf competent and adequate architectural or engineering services � . covering the supervision and inspection of the devela,pment and construe U n of the Project, i Section 27. Civil, Rights Act of 1964.--The Grantee covenants and agrees that it will comply with Title VI of the Civil Rights Act of 1964 {stn USC 2000d), and . with the rules and regulations (24 CFR, Subtitle A) cif the 'Department of Housing and Urban Development issuers pursuant thereto. Section 28. payment: to Contractors.--Not later than the fifteenth day of each r calendar month the Grantee shall, tata3cv a paxtial paymentto each construction 2 contractor on the basis-of a duly certified and approved estimate of the work performed during thv preceding calendar month by the particular contractor, but shall retain until final completion and acceptance of all work covered by the particular contract a reasonable amount, specified in the contract, sufficient to insure the proper performance of the contract. � . I Section 29. Inspection of stork and ofbbcorct Maintenance of Records.--The Grantee shall, require of its contractors that the Government's authorized representatives be permitted, and it trill itself permit them to inspect all work, materials, pay- rolls, records of personnel, invoices of materials and other relevant data and records appertaining to the development of the Project. The Granters shall, maintain ` proper and- accurate financial records, backs and accounts pertaining to the grant � and the development"of the Project that will readily disclose (l) relocation cosh;, (2) oligible and ineligible construction costs, and (3) other Pmject costs, and shall pert~aait the Government's authorized representatives to examine such books$ # I YOD4"20 t6-W ' s � r .'Eos _ _ ' records, and accounts including weekly contractors payrolls. The drantev F agrees to maintain all of the afore ald data; records and invoices in one place for �t least a period of three years following qomplation of construction of the Project. � Section 30. S3. ...The Grantee shall causes to be erected at the site of the Project, and: maintained during construction, signs satisfactory to the Goverment— identifying idtentifying the Project and indicating the fact that tho Government is .participatAng in the development of the Project. r Section 31. Audit. -The Grantee shall contract at its own expense for ars audit of the Project by an independent certified or licensed public aceountantl a popyy of the contract shall be furnished to the Government- and three copies of the audit report in substance satisfactory to the Government shall be Furnished promptly to the Government, s . section 32. 'Government Field Expense.--The Government will deduct the amount of the fixed fee for Government Field Expenses specified in Section 3 of the Grant Agreement from the grant. Section 33. 'Interest of Public Officials and Em lot ees.--The Grantee shall adopt and enforce measures to assure that mo official or employee of the Grantee who exercise any functions or responsibilities in connection with the carrying out` of the Project has during his,tenure, or for three years thereafter, interest in any real property included in the,Pro j ecto or any financial interest, direct or indirect, in any contract or subcontract pertaining to the Project. If any such official or. employee presently owns or controls or in the future acquires any such interest, he shall immediately disclose it to the Grantee. The Grantee shall promptly advise the Secretary of the facts and circumstances coscerning � any disclosure made to itl and the Secretary shall advise the Grantee of the { action to be taken. A necessary easement acquired by condemnation or at fair market value shell not be considered an interest in'real property within the meaning of this seaction. Section 34. Interest of Third Parties.--The Goverment shall not boUable or # obligated under this Agreement to any party other than the.Grantee. - Section 35. Interest of Hanberer of or Delegates to Con ess.-»No tuber of or delegate to the Congress of the United States shall be admitted to arW share or part of this agreement or to any benefit_arising therefrom}. Section 36. Bonus or comission.__Dy execution of the Agreement, the Grantee } represents that it has not �d and, also, agrees not to pay,. an:f bomis camaiissiAm s or fee for the purposes of obtaining an approval of its application for the under grant her�erunder$ or any any ether approval. by the'Government which t wch r be necessary' . F Section 37. Stato or Territorial. T.aw.—Anything in the Agreement to the - ;* contrary notwithstandingy nothing in the. Agreement shqll require the Grantee i to observe or enforce compliance with any provision thereof, perform any other act or do any ott,cr thing in cont•avcnt-ion aC any applicablo State or territorial law: Provided, That if any of the provisions of the Agreement violate any applicable State or territorial law, or if compliance with the provisions of the Acreement would require the Grantee to violate any applicable Mate or territorial law, the Grantee will at once notify the Goverrmnt in writing in order that appropriatechanges and modifications may be made by the Government and the Grantee to the end that the Grantee may proceed as soon as possible with the construction of the project. Sectign 38. Waivers.—Subject to the applicable Federal law, any liability or w rtAn.m,b,- Mitch the Goverimment may -have under this ALn*,eement may be waived in -,zriting by the Government by a formal waiver and either with or without the € execution of any amendatory or•supplementary agreement, if in the opinion of the Government this Agreement as so modified will still conform to the provisions and requirements of applicable laws. . However, in no event shall the making by the Government of any grant payment to the Grantee constitute or be construed as a waiver by the Government of any, breach or any default which may then exist on the part of the Grantee, including but not Limited to non- compliance with any of the prerequisites set forth in Section 2 hereof. The � malting of any such payment shall in no way impair or prejudice any right or remedy available to the Government with respect to such breach or defauzl+t. Section 39. Termination or Susnension of the Aecement.--The Government may -terminate or suspend this Agreement upon the violation of any of the terms or conditions of tbi s Agreement. The Government shall not be lim .'ted to recovery of all or part of the grant for any such violation, but •shall also ' 3 be entitled to injunctive or other equitable relief as appropriate. Section ISO. How Agreement Affected Provisions Beim► Held Invalid.-MTf•any' : provisions of this Agreement is held invalid, the rnder of t s Agreement � stall not be affected thereby if it is in conformi ty with'the teams and require merits of applicable laws. i Section 41:. Operation,. Sale or Ili. sal of the Pro eet<.--The- grantee covenanbs and agrees that: a It will operate and maintain the Project.. or provide for the � operation and maintenance thereof,, to sea rve the objects and � purposes for which the grant has been made available under Federal law and the texas of the Grant Agreement. (b) It will not selll, ,leaso, or otherwise dispose of the Project or any portion thereof without prior written approval of the Goverrjment* Such approval .will be based upon such conditions as the Government � deems appropriate and may include arapaymont of all o r*-pari; of tbo grant i WD-4420 (6-71 , 'the GOvernment shall not be llxdted to rec wryof ala, or part of the grant for enforcement-of the requirwents taf;this Section hut. shall also be entitled to in junc appropriate ive orth�r equ3 ta�rl a relief , � Y � 4 ` t, t U. S. Department of Mousing ar d Urban Dovelopwnt Attachment U } # •. . EQUAL ]NTLAXHENT OPPf?iiMUT Water and Sower Vacili.ties Grant Program (P) EcLua E:r.<<�1.T mgnt 22portunity (1) Acti-1;i on a*ui Contracts Not Subject to FYecuti vr; Order 11216. • In t h o carr.yJAig out of the Project., the Applicant gill not di scr minate against any employee or applicant for employment becanselof race, color, religion, sex, or national origin. The Applicant frill take `r aftirmaii.ve action to ensure that applicants are erployed, and that .cfm loyces are treated during employment without regard to their race, color, religion., sex, or national origin. Such action shall 7 nc?ude, } but not be 1.3 m itod to, the foJ Icnri ng: erplayr;ard: or rcrcru tment - adder.timing layoff` or terminatio.n; rates of pay or other farms s of ,cc�upensaxtirn; and selection for training, including apprent ce- ahip. Tba Applicant agrees to ;Jost in conspicuous places, available to employ nes and ,applicant!j for enploymex t, notices to be provided br . they Government s;oLtir g forth the provi:ions of this noncUscrindnation clausc. The Applicant will, in all, solicitations or advertisements for eriploaces placed by or on behalf of the App3.icant, states th»t 811 qua ifa.ecl ppl:icants w3.i1 receive consideration :i:'or a for=nt � r ' -without regard to race, color, roligi.on, pax, or.national origin. Y The Applicant Will Incorporate the forapJ ng roqui.rcnents of th3.w para;graspi (1) in all of its contracts for Project vork, except contracts ,aDverned by paragraph (2) of this subsection and =tracts for t;ta-nEtard corsnrercia 1. supplies or raw nasteria;ls, and ur111 r+eau3r, all of, its contractors for such uork to incorporate such requirements in all subcontracts for Project iaark. (2 cont-acts Subject trr Executive Order 1 .0 rl.--The Applicant hore'by ai roea that it i�'i ncorporate-or cause to be incorporated into any � contract i'or.cranstruction work, or modi.fi.cetirn thereof, ars defined ' in the regicl+ati,ons of the Secretary of labor at; 41 Clilt CPra'tpter Cts: r ' which is pat,d for in whole or in part with firms obtained from the Federal Government pursuant- to a grant, contract, loan, insurance, or L,1:arantaos or undertaken pursuant to any Fodearal Program involving . such graft, contract, loan, insurance, or guararstee, the following equal opportunity cl.auso z t .i 'During the performance of this contract, the contractor arresn as ,!'t news: "{a} 'the contractor will 'not discriminate against any employee or � - s�pplirant for eMloyr nt because of race,, color, reli.giott, s,aac, or.national origin. The contractor will take a►ff1ruast ve Hum w- -2.. action to ensurc tl.a. ' apnlicanLs are +copl.oyed and that c.1fployces are treated during cv-4)lo.yzcnt w ithoub rceard to tho i.r raco, color, rcli,&lon, sox, or national oriCin. Sucli ac t ic}i7 sh,al: include, but not bu limited to the foll,old.iag: anploymunt, up .ratting, deanot on, or transfer; recruitment or recruitment advcxtia1na; layoff or termination; rates of par.:­­" " or other fonlis of co pansati on; and selection for trainin , includinS apprenticenhxp. The contractor ag oos to post in conspicuous places, available to t iployecv and applicmi$ts for employment, notices to be provided sty-ttinU forth the­-*­- provisions of this Equal. €?portunity clause. "(b) The contractor will, in all solicitation, or advertisement ' for e ipl.oyees placed by or on behalf of the contractor, ' state that all qualified applicants trill receive consideration j" for cmploysrent without regard to racer color, religion, sex j or national wiigi.n. "{u} The contractor will stand to 'each Labor union or representative :. of tmrkays ;rit h which ho has a collective bargaining agreement* r or other contraot or, understanding, a not cb .to be provided, advising the said labor anion or corkers'' representatives of ..'..,« :. the contractor Is commitments un&ar, this Section, and almll post copies of the notice in conspicuous places available to C ...',. employeas and 'appli-t:;mts for a iploymont. . contractor will comply with all. provisions-of Exccutivt� , a . Order 11246 of September 211, l'9G.�i, and of the rules., regulations,, and relevant orders of the Secretary of Labor. 0 .'The contractor will furnish all information and rcp arts r6a Bred• by Executive Order 122)x6 of Souptamber 2lt, 1965, and by rules, regulations;, and; orders of the Secretary of_Labor, or ytwsuant - theretol and will permit access to his books, records, and .':.,•:. accounts by the Department of Housing and Urban Development and' .+s, +the Secretary of Labor for purpose of investigation to ascnr'tai n ir!6or4a1anco with such rules, regulationej and orders. "(t) In .the event of 'tyh+ contractor's•noncompl.iance with 'the non:1incloijAnation alausea of this contract or with wW of � ►3}�,1+'•i."t -l. -~ .I w l �h�x ,.5 t��l..t t.♦ . . ' . : -... •i.. .a.lf -.,. '� •f.. 3 v�i.. � i .. } wll7t: tL i20*;:.lft.inti:"i';Vi. .f4iJ 1-"144Q. :{.�• - 'u:�ih-vjI` i,',sbi,J- lo :3 �:. r h: < C:�'a t.+:LLt;Q."' tr.1 y+v• ;. '. ` r .« its y f F «. ty tft "� ��~ � !"• �uP t. + y♦ «� JC w ^,,.;+" 3r'.:�'J fto `tiiHUD 11[.' t p- =�if,L.T k.•i`J w x,.1$ �: ., � i,.►,Wt +�'�:.'}ja.,,. '} i t w s ,r,•. .«,• r . 1% .ti JtA♦ tfA.y1yrlRf f.I.t .1{.l h�.� A�' ,1 • . R-.y« i�i `` +ice ♦ 1.'� A. -3- _ {; the maid r. len rcl;c.l ntt.on3, or orders, this contract my J cameled, tcrmidna:tr d, or cusp rrlcd in uliolo or in part: .. f and tho contractor tr:;3y t*,c docl,a d ircli.g.blo for .#.`urther 'Gotrcrnrrcnt contracts is or federally assisted construction , contracts in accordance vdt:h procedures authorized in 1hecutive Order 1121:6 of Scptember A, 1965, and such other t ';i ii'+ '`wa• •. sanctiona sanctionmay be J:TTmsed P.nd remod3os invoked as provided ; iL•wcut;iva Order 112)46 of September 24, 1965, or by rulos's ' regula'ionsp or orders of the Secretary of Labor., or as ; .` otherwico provided by l,aa;» "(G) The contractor will include the portion on o£ the scitence f imrrrc:tl:int>el.y preceding sublj..ra;,raph (a) and the provisions cif subparagraphs (a) thrc u;ti (l ) in every subcontract or � order univss erwn.;;YLe l by rules, regulations p or P orders of the Sacretary of Labor issued purscran'L to i:; o n 2o4 of } r.rcutive Order 112116 of SeptOWL,or 24, 196 s too that nuch provisions trill be bimlli,ng upon coach auticontractor or vendor. The contractor w-13.1 take such action with respects '> .,.to an ..ubcoxrtafact or pug}cIja a order as the.bcpartment; of > �; `}ie►u;�i n;; and U tla-in Davel.opment :may direct as ameans of enfbira- 3 i n such: provisions, incl.uding s�anct ic►3ic for nc ncv3 reliance s S Provided., hmiewm, That 3.n the event a contractor bocomes { ..�i �"''� r `9,nvo3.�tr t j o ii throatened with, l .ti ation.with a sub- coat}7�';tctor or vendor as a result of Bitch direction by the + ` Dmpiirtmeret of Bou.}inn and Urban bevol-opm-mb, the contractor � � y rcque►t tho United States to enter into such litigation 'to pnntect the interests of the United Stafos." The Applicant further agrees Vat it wil.l be bound by the above 1 eta,=.1 eppovt.uni.ty clause vith respect; to its 0VM ernploy}mant pry ct can when it; part►iripatas in federally assisted construction wrk; n.,ov er.-ct, That if the Aj4ilicant so participating is a State ' :. • , err local& car + ant, tho above equal opportunity c1au: e is not � applic blo to ttrW aguncy, instrumontality or subdivision of such Coverrurowt i ideh dors not participate in it rk on.or under the contract. {3} Contract fat Cons-t.rur:t ion.--As used in th s subsection, "contr€►ct xor eonsuructicrnr' r.:cans any contract or agreemnt for deme liidon, sit* oloarante, site preparation, or rehab3.l i.teti on, arty° contract � ' for the di epositiron of Project Land, and any' tracfi. :for cry tx*u+ation on foroSoctt Land retained by the Applicant. . f INDt , ' - ..,..v.^.....^. ....w.........+,.++w....py.w....*rr*+,ar...«w..,...:- .. �.rMw+•.+R:' r y { ;1rCrlYrc:r :t,t, f1blj, r;{ : anr, of th!,, Applicant.—Tho Applicant ag roeu that it Ii.11l aut`.J:tzt. and zu-t iv;'ly WA-11 Mun of HC}FLrting and.lb-ban Da-j u7.ctpvicnt: and the Secretary of Labor in obi4ilning, tho d;orpl i,{#ice of c:ont:zracter : and WuUc t�r�Lract;or:; tea Lls tlto cd;lla rpiscwtuni.ty clause mid the rul .) regulations.. and resl.cvanb orders y of the Secr trsry of Labor, that it will ,C irnish the Department; of floltniiiU ant Urban Devrl.opttient and the Secretary of Iabor such infoi va- tion -is they mai. r. ,jui.re for -the rwLoarvision of such conpl,iaime, and that it: trill. othez-.Ase as.:►ist the Dapa.rtment of Housing and Urban • ' Devet;opiri;n1L in the di.scharZe of the said Department's primry respon ib i.lity foss securing compliance, .; r The Applicant agrecs that it vall refrain from entering into any contract iodif icaati.on subject to kcd .utivo Order 112h6 of Sept or 24s 19,65, r1 t h a contractor debarred fro n, or who has not demonstrated cl.:i.rAb l i.t y for) Covermient contracts and federally ansiated construction contracts pursuant to the above cited Uecuti.ve Order and it.)I carry out such sanctions and ponalt-les for violation of the f:qual opportunity clause as may be in,posed upon contractors and nubcontractors by the llcpart;ment of Housing and. Urban Development or' the Socrot try of Labor parauant to Part Il, Subpart D of the IIxacut;i.ve ©rd or. In addition, the Applicant agrecc that if 1t fni is or rofuseu to cornly uliA those undert�ukt ngu', the Depart menL of dousing; and Urban Devc.lopmont may take any or all or the afa ll oaring f; act:i our;s oanrol, terminate, or suspeixi In whole or in part- this Contract; refrain trove ext onding any Aixther assistance to the f!tspia.cr".nt wader Vie Proj ct: ui-Wi rcupcct to which the failure or ; v-ruz a1 wiouvrgd, unt .l sati sf ctor assur nce of futu re =p1l.ance ; s hao been roca:%vod from thu Appli.d:an -and rotor the'ease to tho DVartment of Justice for appropriate lei proosedi ngs. r. t jS .A. .L......{' v.. ?rt ,. .�. i ... . .. t. ' +• iS'R i�tt , � �. + ret .• r ti- - t fir. 7• :r ` tV f<l:i.t r%at; ', i`t i`n�'�•', t, r r,r Sit 9 j � .0 .i li.:�:w .t< 1i.!. t ;:.,'r! �'. r� i✓•at+ t aw+r ri'r}:. •_�f `.N'.#:. 4 '' f i• .t k7 r';F�"1 .i. i1� t r .. i f �i " i. 2i L1J. !i.'r r •rl!, o •ti�i4 < .14 •tb;�t: .i 1:i i..k i' ,t.t }+fir it3 S •a; t 1IN ..•.. ....L.. ,I.�.,...�.f b-7� . { a} ta, t ��I.ti rt '•r ' 4 ` q _ • � to r Rev, 6-71 z, r •,EPRM7yT t fa) IM A7 Ate= tM ATTACh'P#.EK C s RE'LOCATION TERKS AApn CONDITION k'ater and Sewer:" Facilities Grant r'roGram �. .. .. Section 1. Def ultiolls. fps defined in these Relocation Terms and Condition: "Government" meams the United States of A.mcrica. , "Project" memos the Dater or Sewer Mcilitics covered by Grant Agreement. "Grant Agreement" means the contract between the Government and the Applicant eovarinS thc' Project and covers both these Terms and Conditifts . } aria o:her contract instruments. *Applicant" MPans the public entity or entities designated in the Grant Agreement. "Tcir om and Conditions" weans Attaclunent "A" Terms and Conditions to the Grant Agree€rnsrrt (Form ItUAwp 3.ps24). Station 2. necei-an of nwlovetion Activi.ti:cs. The Applicant covenants and agrees test: it vi,):7 maintai-: r.;ymplst:c and accurate reev*cis and aixounts vatasfactory to the Govern- fnent ' Lo relocation activities., includ::r she nsmcs of all eli gjble dir,+lac ae: . ti p+ t;ccsr:*�a ct:3p ;:� in which they are rclocated, anA all rolochtion assistance r.nd Irty- s 2ijts afPordod them by. the Applicant) 1wrid shz3:L perrsit the Government's autt:or .zed f x str;� r►« .i�7es' to oxwol tie such book, recordz, and accents. The Applic'mot agrees to rsA nVaIn {.lzr. aforesaid rc^ords in one plane for at least a period of three years r'ol"- µ.cu'In- ec::.pl-etion of eo: strutrt:ion of the Project. section 3. Disbursement of Grant Funds for.Relocation Payments. Subject to the terms of the A4;rcwnnt, Vitt., Applicant may requisition diavursements on recount of the erant fund:; uray.idod in the Afreefnent for relocation payments, and assistance at any time eft::r ret cipk* oV t::-0e t►S;rerment fts; nteded to enalle the: Applicant to snake relocation payments , and provide rcloeation as ,istarice to eligible displacees. Such requicit on shall b+a in avch form, and be v ccovtAnicd by such data, ar. shall be requ.ircd by the Gover rune t. All dIL:-A;ur:rcnc nts of funds hereunder shall be dtposited in the Construction Account paid coat in- arcor-Mhec with Section 13 of the Terms and Conditions. The Owerrwwnt sball o under no obliGation to disburse Grant: funds for relocation payments if anyv .ot' . the coedit onrr act forth in Section '2 of the Terms and Conditions +exist. - Section t:. Applicants' Funds. The Applicant c:wenants and aerces3 that it will yrrovida f its O.-Sire. of the coc t of relocation pu�,�acnte and services to eliai,bU. dinpla+ceen in , c+�xcncar .ion *g1th `'tho troject.. 0 rt�ct,i.n;� Audit.. `.he Appli.caht'. Covt'llu nt.1i U014d a rCCS that the 1'mlt ct audits rugvirc;<t Wil uSectxan of the Terms a'nd Cond.ti:ions ��WI include AlIdii. of VIC CC*3tc of ru,10--flIti.all ;:z�•�acn t:s and services to cligible displaccen' if rativired by the Qovern- pu,nt,, or in J,i," thereof, theApplicant' (shall pr'ovido A co rtification th6rcur as required 11y the GOVc3rsjoent. • u.:! i ,;. k. '�?>ij,yL, t j y' >' J.�:^�- . :i� tE i. ii',t 3u :dti• ♦%:�� :i'Ixit£ 't? t ,ft ✓ 41 440 .r "•• t� .. i i '_ .,s: ki�:a..r� ...,.. �.�Iri,''': .ctl. �i`..1.��'`��� , •�',, t :f !' y' '� _ t ,•• t '� `i C; •; f•si';: 'ai-t. .it�, ,�'¢: ;;LYfy )('�•.ttl�i.`i,1�f.s�;�tsl } r. .�� ..�{� i ,. .ass,,' Y s.:i i.,�.1 t,.r., oVf}t+ � .ii.fo..t '.:�:3• .{L'33.H ,� „ {:i a��10 ,R, a<w c. .1. '.a.'t t..1 .�•»w.+ ��. •.t. fi•t, .Sa," v :a ,y.;, .. . t. ,4,. � ;5. Zi.~ ., i,If{r. t r:;.o ,'•"� �..F{�.,�.`::) •' ..�•j xi ak .i ': • " ! <�t.�-fit.�... ; .}.a...,i`:.J .: foto :S.`�„t �•. � �.r.:.:. '• +:; i �„` ri' ► • a<t { :.. -tw .I a+,..•i, �r...i .� . .i ,i.. t"�t! ,1�:..a. � i ). �9 .i'�r, ,aF '. •N} '.if ..'• •: . .. � .,,.. t. Y�. _ f� }...L,. �:`a .lf,�� '. ,l�'�oi .. ,�• o . .- .� `t• , �; .'� 3♦. •x 's'•,o •(�"" 'Si fi.., ., .'F L. v`t+'•.,-t;af. .f;'ot'' } •i' i - t.�. . t ♦y j. + +... k � ...•��4f rf,i:y 'J.!? i<M��, ,. i,t. `: ti tl. ,t } •t.lca . ��, t^; .r r♦ st t. .i r w � i ±'�.: rx",S tN. ♦.S` it �' " i`, 4 I.� ' - .. ... it'.:x.'�7kE`.}1J :.• r,x:♦». w'i`.•l.:.Li.atii:L ,.•wt �,.RrL`'��+:_ . �:. e. � _' _�t� a:• t . .� �'f 'r• a •.t ;�:i: � -fir " "'�. } t �� ti i!'=. y; 7 1. .t ,t •+• �' .:•i. �.L.'-.3 r' � "9.� ...� ,�! y�i r. � I» f, t ���� f. ...... - - .. ...., .j. i+{.,i l.i� . yx ...y�.a t t .. ir.i. , ..tioa•J..'-�ii,/J ♦ i ,. r.! .+ `!: ! � .'? .iit.v'�• t ,+, •' t �s_tlty I'1 .#:H+ S�t�'3 ,`�`',�t'L t'���. :x�t�t�'� + f •''. w .. .-...... _ ,.•. . .,.fir:., '.,- .. _, •_. _. .. . . „3„ F r. y 4z� �. •i the Laid mlen, regul. long or ordorsr, this contract may �. �. J. ';��:! be ca>accle 1, tcrtd.natod, or suspes Ied in vliole or in part and t:hu controutor fray be drelart-d irso. ick bla for further Govcmrent contracts or fedcral.ly assisted construction contracts in accordance t-si,th procodr>res: authorized in •< . ,rc= -, : Exccutivc Order 1121:6 of Scptember 215, 19c 5, and such other •::f t .::, ,' rmnctions may be lippose d P.nd remedies invoked as provided ' n &-mcutive Order 11.2146 of Soptemuer 24, 1965, or,by rules, -' re platio s, or orders of the Secretary of Labor, or as ' othervire provided by law. The contractor vill includes the porti or, of the G&tence # .nbe ley prresediing sitbplaragraph (a) and the provisions . .• of vubpar rr°:cpl't (a) throciLh ( ) in ovary trubcvnt •act; or iw L pw!0hzw;c order unl ass E::,x,t , ted by rules, reeuln tiorrs, or t orders of the 8acrot;ary of Labor issued pursuant to 4 .' r.. ., .. See-.Ion 204 of Vxecutivo Order 1121i6 of September 214, 1965s uo that: such provisions will Ise 'bi mlling r por cac b subcontractor ' or vendor. The contractor w.01 take: sc�ch action With respect to uny r.ubcontract or pur'chatoo order as the Department of a 41 "ltousi:n and Urban Davelopmr.-snt my direct as a mans of enfakc-► ICI ng such provisions, i.nclucUng sanctions for noncorirliance =� , ' '„•t i Vrov:i.dia ds }rmr}rcn rxrr:.r, That :tn the event a contractor becomes t involved in, or is threatened vri.th, litigation 'With a sut r conte actr)r or vendor as a rem ult of unch direction by the 'v - •� : bcparlim nt of Housing and Urban ]levan:+�pmczrrit, the contractor may roquest tato United States to enter into Much litigation � 3 -'<... 'to protect th+o interests of that United Statos3.” The Applicant further agrees that it mill be bound by the above � c,jual opportunity cXaussa with respect to its om empl.o�;Twaut �. •prttcticea rrhon it pay+tiodpatou in federally assisrtcd co= ruction vork. ProvIeM, That if the AXIi,cant so participating icipati g is a State ' yr luc{a'l ovort4rsent, the above equal opi.►ortunity clempe is not appi,i a bl.o to ttrW a neY,, in,trubtantality or subdivision of such i Covera Anit, which clods not participate► in cork on.vr under the � contract* i Contract. `r:r C rte tirur:i�.i on.--As used in' this subsection, *contract Xor conbl. *rue mm-ns any contract or agreement for demodliti on, � sites +cloaran6e, site propagation, or rehabilitation, W contract � for the, disposition of Pro joct Land, and any contract for *o;aetruct i m* on-Projoct Lund retained by the Appl cant* . - . '< <• ..,E IND. t • - tifiA pi Yat: • (4) 0W,J.r atr'Pn,; of tb.� Applicant.—The Applicant at;rucu that :i..€ will. zu:7iot. and cc optir�%W:tst€;iwly vi.t h MM NP—ar€men€: of Holuzifv i €e cl 11)-ban Dc eloi�rY.ctit. and the Secretary of Labor in obtaining Via ccr�.;�l jtice of contr.sctor s ;rte vuULY�lruraCt t7r i ��a t h tho cq�cal t' €xirtunity clause mid tite rulo n, regula€;.�.c�r�n, and relevant ordez s of the Secretary of Labor, that it will Airmen ah tho Dcpartmentof Hourim, aT l Urban nevcl.c�€�hu:z�, and the Secretary of lAbor such inform tion .as they may re.qui.re for -the cupervivion of such compl.i uco, tlra•t' It will otberwise assist tho apart.-wnt of Housing, and Urban Dcvelopjr*mit In the dis-charge of the said Dr•part vent's primary • rcvponsib.-ility for securing compliance, .t _ Tho Applicant agrecs that it iAll refrain from entering into any contract modification subject to Excecut',i ve Order 11211(, of Septetiber 24$ : :1.965, trig? ' a contractor debarred from, or who has not dcm6nstrat ed c;l,:i gib.l it y for ) Clovorrrient contracts and federally assisted colistruction contracts pursuant to the above cited Exacilt ve Order and i-dll carry out such sanctions and penalties for violation of the ngnal opportunity rlaw.;a as may bo i r+ osod upon Conti;actors and c bcontractors by the Department of flowing arms Urban Davvelop n or `the Secretary of Labor parauant to Fart ll, Subpart. D of the Rxecut;i:ve Ordor. In addition., the Applicant ant agroes that: if it fails or refu.set; to cowpl.y with those underta?cin;€�, the ll�y�a•tmer�t of Housing- and Urban Devc:lc;f,mont, may take any or all of the follo:rang actions: tak'rnral, tcr,nin<,te, car suspe3xct 3n whole or in part this Contract; refrain from extending any f iAher ass stanco to tho Al�l..icr.Tt under tho Project vith xaspcar to which the failure W re.:NvAl ewer d until aati.of:cto y.twsurance of Diture crrspJ4arce '. . • ha,,* bean raccivcd frox thv Applicant;and refer tho'mase to tho Dvxrtmanb of Justice for appropriate legal prcraaediw. .t•r'.. I � •y� ..l". .Y.... :r ..as .. .. \. "r +.til- i,.t ` .f ... �.. 1i;i t.N .a .• s• .t, l•;5:`, }k>i1 . *• ,. •i • r, .. �). .k} ,i. .+•%a. •Y. a.: it ` :i:;( •ir.:,4 �4�Ji .ia$.!' i,�a ,R,,.�, _; ,. s •r• .. ., +•�.. ..t�Ci'.Z :�; t t ..a s, i i" #"i(�a.� �oj'Ma:.ty �i� h r'i,. 3 Alt . f r i .. � �.� t'�#tea ,, : s "• : Fs . r- SAN` TO ANPUITM rIDUCM3 ACV Wo 1970 'eta=M , tho 'Uniform Relocation dnaisataiake a and, al Property Acquicitiora Policies Dict of 19706 p« L, 91-646 (4*rai f t3r ref*rra+d, to as the `fit")v aatabli shalt uniform policies for tbv fair and aquitab►le trcatw at of p+orsa000 displaced as a result Of Nderaal Arad Fadaartaily-aaasistod tragrsm, as w*ll as vaanifaraa policii f on real 'praportr acquisition practices with respect to such lW i endx the bas made application for peda►ors�a Applics::ii: fieaaaciatl assiatance for as , project or prograara designated V . _ type' of pro jtoaa . ss tallows; saad tition of pro,)aact or paro,)eets} V=Mo the setirritiaac for thick ouch asa►istance is soagbt will involve displacement 400–or lard acolutaition orceaarritft after ,1aamary xs 1971, the effective data of the Act; 424 —g, Uctiomss 210 UVA 305 Of the Act require the provision of,certo as assurencos U*fine the hood of a r€oderol 68*04Y can approve any grant to, or Contract or Agreement vi.th, ,aa Stats w QcY,* u0&V chich rodoral finaauelal assistance, will be available, to psp 411 Or art of the west of any p'rowr ► or pro jeot which will result in displaataamsa<t oar real property acquiciti:srnaa subject to the requiramnto of the Act; and OZZMA.So F aderal 20gulattionis publisabod Ray 131, i971 in th* radorsl Rngistor, Vol* 36, Va. 93, r4ge 8109, rarm rQp% a 42.30(a) and 42,30(b) (to be incorporstad in C.*da �e'; ; +a a Title 24a Cubtitlo As 'raaart 42.) require cortaia�a furthersauraancae* bm pri+�*d sal► a coxadit oaa to op `oral of laadosyr:l finanatal assistance for the prograsaa or lmo jact thick gill reoult in diaplacesu at or real arty acquisition sub j*ct to tba VQgULr Qts of the regulations: VWo ?=RMV=►s be it resolved by the covernift body of the s Apg Mat That the VAittad States of aria and the 3scrataary of ming and !Orban Mvelopmat boo &ad they hereby acre, provj srd through the adoption of thio aratolutioa, with the folly assureame repaar4lue conduct, by tke pli+cant Ot the FrojeCt +agar VVOZraaa for %biacb doral fiaaaaacisl assistance is $Ought* 1 Mir &Ad rdaasowbl* rfl OC4tiaa paaycsonts and asalettance shall bo. provided to or for displac*4 pv ooaae, so *re requir;Rad to be prodead by a f*doral gay array d a r factions 202, 203 end 204 of tho t; 2• 101 tion 400istauce prouram offortua tb* ocaxvices ftaacoribed is Section 205 of the Act absll be providad to ouch displaced parsons; 3. Vitb as a roaasaomUle parJod of tiara prior to displaco=mts, docento safe and saasai"ry rQp7.acec=att d 1lir�;c sailI bat avAiloblo to displaced porsous in scc caa with "et"10 .203(a)(3) of the Act; 7 33 4* 'The rmlocation procans will las carried out in ouch a< =xnn*r as to provide 414VI4 ced Prbass VLtb saati OTA C04 Consistent servicas s and roplaaawmt houatea under Saction 42*120 will ba aav!ailablo and tba araw rGO34 of aholo" vi th "004ct to "ch bOuQUI3 vili bat offoreod to all diaplaacaad paarsou$ f, raCpordloas of race , 'colon, roliaJon or =tica,aaal. Oriai,n }dura"eat to Title VI Of thO 'CiVI-I AlAto Act of 1964 (42 10*2.g. 20004)s Title VIXI of the Civil Rights Act oft 19" (42 VAX, 3501 at asego), and lase ati o tta daar 11083 (27 3.g. 11327). 3r in acquiriza roil gra,�rt7 it °caill t^ ;qui:< , v tho Sraatast +tont pr*cticarblg ur.dar Mato Uve b7 tz�z larul ac�uiattiou policies in G0,GtL0A 301 sad 0A provLaiow of C.zctt*a 302 of tbo Act* and 6„ Vro rt7 errk.,ors trill ba g4i4 or raiw4ataarsod for rac*oaarr *zpamms as apacifiod in Vactiona 103 a j- 304 of tba Act; atiad 7. C;o.ts of providiv3 ray=nts au4 auslatance will ba oared by tUO In the maumv and t the t nt *ctsat r:qs irodby Cutiom 211(a) eco CIP} of tlo Act; o Affaactsd dao= will be adaqu4toly infor=d of the boaafito o POUCLOS tnd procedu r*a paravidod in the`rarula tions ro lativa to d iap►lacaowMW marl prroparty acquIattieao sa V"liahad May 13s 1971 in the Fadora l Aftlotor, VO4 36# tom, 4374$00 $743 tbrftgh $7970 iab' iva. a. r ;x , 1 . f SUGGSSISD MAI OF 4PINIM aF LOCAL COUNSEL ISCARDI O ASSURANCES PURSUANT TO UNIFOR14 RELOCATION ASSIS'IA'QtCS s AND MAL PROPSHTX ACQUISITION PaLICIts ACT ('f' 19970 jNzma andAddresstrate Of AAislILca.41), i�+at�tlems�a t Res o ect or Pro rasa Ita�ma s f Numbe'ir-01 and L�'�calit(+nrrmrrr.irr..sr � .wwrrwwrr+r rirr�rwrr.w�.r I as an attorney-st-law admitted to practice in the State of As counsel for the I have (Applicant) s exsraine:d the Resolution adopted by it on the day of whereby certain assurances are provided the United States of Amnriea and the Secretary of 'Sousing and Urban Development with respect to the requirements of the Uniform Relocation Assistance and Real Property At Policies Act of 19700 P, L, 91-646 and regulations adopted pur- suant thereto and published in the nderal Register on My 130119710 regarding x conduct of the of the above ; (Appliont s Project or Progran for which F+eaderal financial assistance is sought. I have also examined the official records with respect thereto and applicable local and State, laws It is my opinion that the proceedings have been taken and said Resolution adopted in fom, Winner and otherwise as authorized by lav; that Mone of the, proceedings and no authority for they adoption of said Resolution have or has s been repealed, rescinded, or revoked and said Resolution is in full forte and effect; that the assurances of the (Applicant) �; provided by the adoption of said Resolution aft properly given and within the, fur l r adequate and lawful authority of the and that ;said assurances are consistent with and '°logally binding under rppiaa�ri� ate and leea+si ?Yw. SiTait ire ,,, v E ' U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT RESOLUTION AUTHORIZING EXECUTION OF GRANT AGREEMENT ; WHEREAS, €€( (bepi(rn►poro101 None of APPIkOW) I ' (the"Applicant")has heretofore submitted an application to the United States of America,Department of Housing and Urban Development{the "Government")for a grant under Section 702 of the Housing and Urban t�evelo7pAct of 1965,as amended, to aidin financing a certain public works identified as Project No. and WHEREAS,the Government has approved the said application and has submitted to the Applicant a certain Giant Agreement(the"Agreement") for approval and execution by the Applicant, which said Agreement issatisfactory, NOW, THEREFORE,BE IT RESOLVED BY THE {T7nte of Covernt►t� Y! � , of the Applicant,that the said Agreement, a copy of which is attached hereto,be and the same is hereby approved. The is hereby authorized and directed to execute the said Agreement in the name (Mle of Offker) and on behalf of the Applicant,in as many counterparts as may be necessary,and the s of 01)kw) 6 hereby authorized and directed to affix or impress the official seat of the Applicant thereon and to attest the same.The proper officer is directed to forward the said executed counte:part:of the said Agre+enwMA to the Government, together with such Bother documents eking the approval and authorization to exemte the`sarrw to my be required by the Govemttmemtt, t CERTIFICATE I,the undersigned,hereby certify: (1) that i am the duly appointed,qualified and acting i of the Applicant designated in the foregoing Resolution Authorizing (?rttr`of lteCording pj�<►J > Execution of Grant Agreement; (2)that 1 am the custodian of the records of the Applicant including the records of its Governing Body designated In the Resolution; (3)that the above copy of the Resolution is a true and correct copy of the said Resolution as adopted at a duly authorized meeting of the said Governing Body heli on �• and on file and of record; (4) that the said meeting was duly convened and hetd In accordance with all applicable laws and regulations,that a legal quorum was present throughout the meeting, that a � legally sufficient number of members of the said Governing Body voted in the proper mnaAner rot the adoption of the said Resolution,and that all other requirements for the proper adoption of the said Resolution were fmmlly observed;and (5)'Oat no act#mt``has been taken by the said Governing Body or the Applicant to reconsider,amend or rescind the said 1 Resolution. IN WITS=WHEREOF.J Ism'hereunto set my had and the semi of the Applicant this day'or. i9.r......r,.�. i (S B A t..] { ff �p■ f�� WIM Ukloo#6 Obootoottjo� �f�1,�t Cif ,.•ii/i s.T I � !!.'i.fi(J'V�ti1VM8e�fT iNrimfktml�li!t/'IrFC�E�117�1�-7�t�1 +t11+t!! 7 �, ' t j 4 11 ....-......................................................................... ............... U.S.DEPARTMENT OF HOUSING AND URBAN 06VE1.OPMZMT Wats*and Sewer Fecilitios Grant Progroth Homs of Apphcont- Pro;act Na. OPINION AND CERTIFICATE OF COUNSEL ACCOMPANYING GRANT AGREEMENT 1. We the undersigned, counsel for (Name of Applicant) have examined the record of all proceedings, including, particularly, that certain resolution adopted on the day of 19, by the Applicant, relative to the outh- orization, approval, and execution of that certain Grant Agreement referred to therein and numbered by and between the,Applicant and the United States of America(heroln calledthe "Oev- ornment"). We have also examined the counterparts of the Agreement as executed on behalf of the ;: Applicant. 2. It is our opinion that: (a) Said proceedings have been iditen, said resolution has been adopted, and the Grant Agreement has been executed on behalf of the Applicant by its proper officials, in forril, manner, and otherwise as authorized by low. (b) When each of said counterparts of the Grant Agreement shall have been dViY executed by the Government, "i idGront Agreement will constitute a valid, binding,and legal agreement botwoon the aforesaid parties thereto in accordance with its terms. 3. WE DO HEREBY CERTIFY THAT: (a) None of said proceedings and no authority for the authorization, execution, and delivery of the Grant Agreement have or has been repeated, rescinded, or revoked, and said r;soIVtio" is In full fore*and effect. ' (b) No litigation of any nature is now pending or threatened (in either State or Federal courts) restraining or enjoining the Applicant's execution of the Grant Agreement or in my manner questioning or affecting the validity thereof or of the proceedings aforesaid, and neither the corporate existence nor the legally proscribed area of operation 61 the Applicant nor the title of its present officers to their respective offices is being contested. (e) To the doto hereof, no legislation has been enacted during the present session of the Legislature of tho, of if now in session, or during the lost session of such.Legislature, if adjoumed sine die less that site months ago, which affects the organization of the Applicant or its power of authority to financ*u' un4vrtako, or carry ovt the Project contemplated by the Grant Aamement in accordance with the laws pertaining thereto in effect prior to the converting of such session of the Legislature, IQ 1 os This day of, 19—, Attat»+r�firs None of Appticant ........................................