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HomeMy WebLinkAboutRES 1761 . ,, - r • „ � ' r � �.' , ,� � ' T �RESOLUTION NO. 17 61 . • . ' � ' � �� I ' U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT s � . . RESOLUTION AUTHORIZING EXECUTION OF GRANT AGREEMENT WHEREAS, Citv of Renton, Washinaton (Legal(corporate)Name of Applicant) (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 Development Act of 1965, as amended, to aid in financing a certain public works identified as Project No. WS-Wdsh-129 ; and WHEREAS, the Goverrunent has ap�ved the said application and has submitted to the Applicant a certain Grant Agreement (the "Agreement") for approval and execution by the Applicant, which said Agreement is satisfactory, NOW,THEREFORE, BE IT RESOLVED BY THE — C1 t.Y COU11C71 (Title of Governing BodyJ of the Applicant, that the said Agreement, a copy of which is attached hereto, be and the same is hereby approved. The Mavor 'e hereby authorized and directed to execute the said Agreement (Title of Off:cerJ in the name and on behalf of the Applicant, in as many counterparts as may be necessary, and the Ci ty Clerk ;� hereby authorized and directed to affix or impress the official seal of the Applicant (Title of OfficerJ ' thereon and to attest the same. The proper officer is d'uected to forward the said executed counterparts of the said Agreement to the Government, together with such other documents evidencing the approval and authoriza- tion to execute the same as may be required by the Government. Approved by the Mayor this 23rd day of August 1971. �,'�.,,y,��� very Garr t, Mayor � CERTI FICATE I, the undersigned, hereby certify: (1) that I am the duly appointed, qualified and acting f'i tv f'1 ark of the Applicant designated in the foregoing Resolution Authorizing � (Title of Recording OfficerJ Execution of Grant Agreement;(2) that I 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 held on AUgUst 23, 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 inembers 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. 23rd � IN WITNE��,��I�EOF, I have hereunto set my hand and the seal of the Applicant thic day of Auctust; 1971. ��i��C�.c�� fl��d� (S;gnatureJ � (S�) HELMIE W. NELSON, CITY CLERK (Type NameJ HUD-41422 (4-70) Replaces Forms HUD-41424, 41425 and Previous Editions Which Are Obsolete 224258-P HUD-Wash., D.C. � t I ' . . • . . , . , � i •` � ' '" ' . ' � HUD-41423 (5-66) +•' � . - � . . DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Water and Sewer Facilities Grant Program Name of Applicant: Project No. THE CITY OF RENTON WS-WASH-129 OPINION AND CERTIFICATE OF COUNSEL ACCOMPANYING GRANT AGREEMENT 1. We the undersigned, counsel for T� CITY OF RENTON (Name of Applicont) have examined the record of all proceedings, including, particularly, that certain resolution adopted on the 23RD day of AIIGUST , 19�L, by the Applicant, relative to the auth- orization, approval, and execution of that certain Grant Agreement referred to therein and numbered CAG.183fi—?l , by and between the Applicant and the United States of America (herein called the "Gov- ernment"). 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 taken, said resolution has been adopted, and the Grant Agreement has been executed on behalf of the Applicant by its proper officials, in form, manner, and otherwise as authorized by law. (b) When each of said counterparts of the Grant Agreement shall have been duly executed by the Government, saidGrantAgreementwill constitute a valid, binding, and legal agreement between 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 repealed, rescinded, or revoked, and said resolution is in full force 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 any manner questioning or affecting the validity thereof or of the proceedings aforesaid, and neither the corporate existence nor the legally prescribed area of operation of the Applicant nor the title of its present officers to their respective offices is being contested. (c) To the date hereof, no legislation has been enacted during the present session of the Legislature of the STATT.4 of WASj�$GT'nN , if now in session, or during the last session of such Legislature, if adjourned sine die less that six months ago, which affects the organization of the Applicant or its power or authority to finance, undertake, or carry out the Project contemplated by the Grant Agreement in accordance with the laws pertaining thereto in effect prior to the convening of such session of the Legislature. �V �� �- � This a of � 19 �. �-� ��' �-�.. A}torn�for: � / THE CITY OF RENTON, a municipal corporat�on Name of Applicant FHL6R-Washinglon, U. C. J T � ' � � C.A.G. 1836-71 ' ` � (Resolution No. 17b1) DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT HU0.41421 (5-66) GRANT AGREEMENT (Water and $ewer Facilities Grant Program) Name of Applicant: City of Renton Project No. ��ash—�29 Address: Renton, Washington 98055 Federai Contract No. H-�992-�ib�]1�,__ ' THIS GRANT AGREEMENT dated as of Aueu.st �� 1971 by and between the City of Renton � (herein called the "Applicant"), and the United States of America, Secretary of Housing and Urban Development (herein called the "Government"): NOW, THEREFORE, THIS AGREEMENTWITNESSETH: That for and in consideration of the mutual promises hereinafter contained, the parties hereto do convenant and agree as follows: Section 1. Amount and Purpose. $ubject to the Terms and Conditions (Form HUD-41420 dated 5"bb ) attached hereto and made a part hereof as Attachment A, and the provisions of this Agreement, the Goverrtment will make a Grant to the applicant in an amount not to exceed $��59 or�Q_percent of the Eligible Project Cost as determined by the Government on completion of the Project, whichever is the lesser, in order to aid in financing the Project hereinafter defined, presently estimated to cost $�..025.068 . Section 2. Description of the Project. The project shall consist of S3nita2'v sewer eolleetion t_rn*+1rg at, Hi¢hl,,�nc�s SPw�er B�mass. N. bth Street Line. Lake Washineton Sewe�, Farli�on C�rc�ens, Edmonds Avenue N.E. and F1don Acres Trunk. (herein called the "Project"} Section 3. Government Field Expense. The amount of the fixed fee for Government Field expense referred to in Section 33 of the attached Terms and Conditions shall be $ 2.850.00 $ection 4. Reduction in Grant. The Government shall have the right to reduce the amount of the Grant upon giving the Applicant written notice, if the Eligible Project Cost after award of construction contract is determined by the Government to be less than the estimated cost upon which the stipulated amount of the Grant was based. Section 5. Special Conditions. The Government's obligation to make the Grant is also subject to the Special Conditions attached hereto and made a part hereof as Attachment_�_. IN WITNESS WHEREOF, this Agreement has been executed in the name and on behalf of the Citv of N�entOn __,by the undersigned official, and under its official seal, attested by it� CitV Clerk � and in the name and on behalf of the United Statesof America, Secretary of Housing and Urban Development, by the undersigned official. B %�-..�'��lD,�"' Y - „ (S'�ature)� (SEAL) Avery Garrett, Mayor (Type Name ond Tifle) ATTEST: � _ ���%��� y� ���,. � � (Signature) �� Helmie Wo Nelson, City Clerk (Type Name and Title) , UNITED STATES OF AMERICA Secretary of Housing and Urb Development / � J By Au�u.st 26, 1971 Title Det�utv Area Directnr (Dote) ex�ne-woen���r�„ n c. , . • . , - . ,� , : . . � H[7D-414�6 DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ��> Attachment "A" C.A.G. 1836-71 (Resolution 1761) TER.M3 AND CONDITIONS Constituting Part of the Grant Agreement Providing for the Financ3ng and Construction of Water or Sewer Facilities Under Title VII of the Housing and Urban Development Acr of 1965, Public Law 89-117, August 10, 1965. Section 1. Definitiona.--As used in theae Terms and Conditiona: "Government" means the United States of America. "Project" means the Water or Sewer Facilities covered by the Grant Agreement. "Grant Agreement" means the contract between the Government and the Applicant covering the Pro ject and includes both these Terr�s and Conditions and other contract instruments. "Applicant" means the publfc entity or entities designated in the Grant AgreemenG "Project Cost" means the cost of construction work for the Project, cost of neces- sary architectural/engineering services,, legal, administrative and clerical costs, cost of land acquisition, necessary travel expenses, interest during , construction, and other necessary miscellaneous expenses. "Eligible Project Cost" means the cost of construction, of land acquired for the ermined b the Government. ro ec and of site fm rovements, all as det y P .� � P 'Depasimry Bank" means a bank or trust company which i�► a member of the Federal Deposft Insurance Carporaaon. "Project Site" means any of the land, rights-of-way, easements, or other interesta in land acquired by the Applicant in connection with the development of the site. �ecC1Qn 2. Prerequisites to Government's Obliaations.--The Government shall be under no obligation to disburse funds under the Grant Agreement if: (a) Representations.--Any representation made by the Applicant to the Government in connectton with the application, shall be incorrect or incomplete in any material re- spect, ar ttse Goverrunent determines that the Applicant has failed to proceed promptly with Project financing or construction; (b) Concurrenee by Gavemment.--The Applicant, having submitted to the Government the documents mentioned in Sectlon 16 hereof, shall have proceeded without having been advised hy the Government that the same are satisfactory; it being the �rpose of this grovision to insure thaC no action will be taken in the deveiopment of the project wMch would result in legal or contractual violation rendering it impossible for the Govern- ment to make the grant hereunder or for the parties to accomplish the objects of the Agreement; (c) Prohibited Imerests.--If any official of the Applicantwhc;is authorized in such capacity and on behaif of the t�pplicant to negotiate, make, accept or approve, or to take any part in negotiating, making, accepting or approving any architectural, engineeri�►g, inagectian, constructi,on, materials, supply, or equipment contract or any subcontract in connection with the construction of the project, shall become directly or indirectly 1 . int�,rested personally in any such contract or subcontract, or if any official, emplbyee, , architect, attorney, engineer or inspector of or for the Applicant who is authorized in such capacity and on behalf of the Applicant to exercise any legislative, executive, supervisory or other functions in connection with the construction of the project, shall become directly or indirectly interested personally in any construcdon, materials, suppiy, equipment or insurance contract, in any subcontract or any other contract pertaining to the project. Section 3. Applicant's Funds.--The Applicant shall inidate ar.d prosecute to completion all proceedings necessary to enable the Applicant to provide its share of the Project Cost on or prior to the time that such funds are needed to meet project costs. Section 4. Legal Matters.--The Applicant shall take all actions necessary to enable it to fi- nance, construct, and develop the project in due time, form and manner as required by law and the Grant Agreement. Section 5. Project Site.--The project shall be located on lands or the requisite interest therein of the Applicant; such lands and interest when acquired subsequent to the date of the Grant Agreement shall be acquired in accordance with the land acquisition policy requirements set forth in Sections 6 through 9 hereinafter. The Applicant shall comply with the provisions of Title IV, of the Housing and Urban Development Act of 1965 (P.L. 89-117) and regulations and requirements of the Government thereunder which establish certain policies and provide for specific payments in connection with the acquisition by eminent domain of the real property neceasary for the Project. Secdon 6. Negotiated Purchase.--The Applicant covenants and agrees that it will make every reasonable effort to acquire each parcel of or interest in land constituting part of the Project Site by negotiated purchase. Applicant shall (1) directly or through its agents, make a diligent, consciet�tious effort to induce the owner to accept a fair and proper price for such property and, if auch effort is unsuccessful, make a final offer to the owner in writing. Such offer shall inciude; (1) an invitation to discuss the acquisition of his property with the applicant; (2) afford a reason- able period of time for the owner to consider the offer; and (3) include a notification of the date on which the applicant intends to institute eminent domain proceedings if agreement cannot be reached for a negotiated purchase within the time specified. Section 7. Payment for Real Property.--The Applicant covenants and agrees that it will not require the owner to surrender possession of any parcel of or interest in land consdtuting part of the Project Site until ithaspaidto the owner (1) the agreed purchase price arrived at by nego- tiadon, or (2) in any case where only the amount of payment to the owner is in dispute, not less than 75 percent of the appraised fair value of the property as approved by the applicant. Such requirement for 75 percent payment may be satisfied either by direct payment to the owner or by deposit in court of such amount, provided such deposit may be paid over to the owner without prejudice to hie right to obtain a judiciai determination of the value of the properry. A tender of payment to the owner, whether or not accepted by the owner, shall be regarded as payment. Section 8. Notice to Surrender Possession.--The Applicant covenants and agrees that no person lawfully occupying property constituting part of the Project Site shall be required to surrender poesession on account thereof without at least ninety days' written notice of the date on which conatruction or development is scheduled to begin. Such notice shall be given to all persons law- fully occupying �uch property including owners conveying title pursuant to a negotiated sale. Such nodce shall not be given until the applicant has the legal right to possession of the prop- erry. 2 � � , ' , , ,'. . • • , + � .- • _ ` ' Sectlon 9. Records of Negotiations.--The Applicant covenants and agrees that it will maintain cornplete and, accurate records of all negodations and other actions affecdng acquisition of �tty pro�erty in connection with the Project and such records shall be available for inspectiona by repieaentatives of the Government. 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. Disbursement of Grant Funds for Land Acquisidon:-The Applicant may requiaitton disbursements on account of grant provided in the Agreement for acquisition of land at any time after receipt of the Agreement as needed to enable the Applicant to make payment as required under Sec�ion 5 above, provided (1) no impediment exists which would prevent carrying forward of the Project, and (2) the Applicanchasafirm and binding commitment for its share of the Proj- ect costa, and (3) the cost af the land so acquired is acceptable to the Government. In the event the Project for any reason is subsequently abandoned, the Applicant covenants and agrees that it will repay anyfunds disbursed hereunder. Seciion 11. Grant Disbursements.--The Applicant may requisition disbursements on account of the grant provided in the Agreement at any ame. Such requisitions shall be accompanied by such supgorting data as the Government may require. The Government shall honor, subject to the pro�visions of the Agreement, such requisitions in amounts and at dmes deemed by it to be proper to insure the expedidous prosecution and payment to the costs of the Project. No request for review of a determination of the Government affecting the grant payable under the Agreement will be considered unless such request is received by the Government not later than three months following notice to the Applicant 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 speci- fied in the Agreement for such costs until after the Project has been completed and audited, and the final grant amount determined by the Government. Secuon 12. Prerequisites to Disbursements.--Prior to the Government disbursing any portion of the grant except as provided otherwise in Section 10 above, the Applicant shall present satis- factory evidence that: (a) It has obtained, or can obtain, all land,rights-of-way, easements, permits, franchises, Federal, State, County, and Municipal approvals required in connection with the con- struction and operation of the Project, including approval of the final plans and speci- fications by the appropriate State authorities; (b) It has the funds or a firm and binding commitment to provide its share of the Project Cost; (c) It has deposited into the Construction Account, in addition to the gran[ proceeds, any portion then available of the funds to be furnished by the Appiicant to meet its share of the Project Cost and that it will promptly deposit any remaining portion of its share o€ the Project Cost in order that ali payments in connection with the Project can be made as the same become due; (d) The Project can be completed at a total cost satisfactory to the Government which will be within the amount of funds available therefor; and (e) It is able to provide or obtain the provision of all necessary building or household con- nections and local callection or distribution laterals as determined by the Government from sources other than gran[ funds hereunder. 3 J Section 13. Canstruction Account.--The Applicant shall set up in a Depository Bank, or with Clae fiscaT agency of the Applicant fixed by law, a separate account ar accounts (herein collecavelf called the "Construction Account"} inta which shall be deposited any temporary loans, Gove�CrE• ment grants, and the additianal funds required by the provisions of the Grant Agreement to bs furnished by the Applicant in arder ta assure the payment of alI Project Costs. Moneys fn t3Yt Construction Accaunt shall be expended only far such purposes as shall have been previously specified in tt�e Project Cost estimates approved by the Government. The Appiicant shall pay a31 Praject Costs from the Canstruction Account. Moneys in the Constructian Account shall be secured by the Depositary Bank in the manrter pre- scribed by statutes reiating to the securing af public funds. Whexe the maneys on deposit in ttie Canstruction Account exceed the estimated disbursemenCs on account af the Prpject for the next 90 days, the Appiicant may direct the Depository Bank to invest such excess funds in direct oblfgations of, ar obligations the grincipal of and interest on which as�e guaranteed by, the United States Government, which shall macure nat later than 18 months after the date of such investmet�t and wbich shall be subject to redernption at any tirne by the holder thereof. The earnings from any such investments shall be depasited in the Construction Account by the Applicant. After comglerion of construction and payment of all costs of the Project, any balance in the Co� struction Account shall remain therein pending determination by the Government of the tots� Project Cost and the grant. Such balance shall be used to refund promptly to the Govexnrnent arry averpayrnent made with respect to the grant; any amount thereaf�er remaining shall be available for disposition by the Applicant in accordance wzth its other contractual agreements, applicable State ar lacal law or other gaverning conditions. Section 14. Frompt Procedure - Economic Construccion.--The Applicant covenants and agrees Ehat it will groceed promptly with all mat�ers necessary to the financing and the development o# the Project; and that the T'roject will be undertaken and developed in such manner that economy will be promoted in such development and in the construction work. 5ection 15. Apgrovals and Permits.--The Agplfcant shall obtain appxovals and perrnita required by law as a condition precedent to the acquisition, constructian, develapment, and opexatian of the Project. Section ib. Submission of Proceedings, Contract and Other Uocuments.--The Applicant shall eubmft to the Government such data, reports, recards and documents relating to tha financing, construction, and operation of the project as the Government may require. Approvai af the Government must be obtained prior to the assignment of any interest in ar part of any contr�:ct rela[ing to the Project. Section 17. Construction by Contract,--All wark on the Projecc shall be done under cantract and every opportunity shall be given for free, apen and competitiv� bidding for each and every c�n- struction, material, and equipment contract. The Applicant shall give such publicity by adver- tisement or calis for bids by it for the furnishing ta ic of waric, labar, materi.als, and equipment as required by applicable law and as will provide adequate compecition; and the award of each contract therefor shall be made, after appraval by the Government to the lowest responsible bidder as soon as practicable; Provided, that in the selectian of equipment or materials the Applicant may, in the interest of standardization or ultirnate economy, if the advantage of such standardizaxion or such ultimate econamy is clearly evident, and if permissible under applicable lacal law, award a cantract ta a responsible bidder ather than the lowest in price. The Applicant shall obtain the concurrence of che Government before approving subcontracts relating m tbe Praject. 4 r - � Section 18, Changes in Construction Contract.--Any change in a constx•uction contract shall be submitted to the Government for approval. Sectian 19. Contract Security.--The Applican[ shall require that each cpnstruction contractor shall furnish a performance bond in an amount at least equal to 100 p�rcent of his conttact price as security for the faithful perforrnance of his contract and also a payment bond in an amount not less than 50 percent of his contract price or in a penal sum not iess than that prescribed by State, territorial, or local law, as security for the payment of all persons perfo�ming laber on the Project under his contract and furnishing materialsin connection with his contract. The per- formance bond and the payment bond may be in one or separate instruments in accnrdance �v4th local law. � Section 20. Insurance During Construction.--The Applicant shall require that each of its con- tractora and all subcontractors maintain during the life of his contract, Workmen's Compenea- tion Insurance, Public Liability, Property Damage, and Vehicle Liability Insurance, f.n amonnie and on terma sadsfactory to the Government. Until the Project is completed and accepted by the Applicant, the Applicant or (at the option of the Applicant) the contractor is required t� maintain Builders Risk Insurance (fire and extended coverage) on a 100 percent basis (completed value form) on the insurable portion of the Project for the benefit of the Applicant, the prime contrao- �r, and all subcontractors, as their interests may appear. Section 21. Wage Rates.--The Appiicant ahall comply with the provisions of the Act oi Marci� 3, 1931 (Davis-Bacon Act, 40 USC sec. 1276), as aniended, and the applicable rules and regulations isaued by the Secretary of Labor thereunder which are incorporated herein by reference. The Applicant shall cause to be inserted in each constract or subcontract subject to the Davis-Bacon Ac[ the specific provisions required by the regulations of the Secretary of Labor. Section 22. Contract Work Hours.--The Applicant shall comply with the provisiona of the Cot�•- tract Work Hours Standards Act (40 USC secs. 327-332) and the applicable rules and reguladcros iesued by the Secretary of Labor thereunder which are incorporated herein by reference. T6e Applicant shall cause to be inserted in each contract or subcontract subject to the Work Hour$ Standards Act the specific provisions required by the above regulations. Section 23. Payment of Employees.--The Applicant shall require of its contractors thst all em- ployees engaged in work on the Project be paid in full (less deductions made mandatory by la1A►) not less often than once each week. Section 24. Copeland Act.--The Applicant shall comply with the provisions of the Copeland Aet (Anti-Kickback), 48 Stat. 1948, as amended, and che applicable rules and regulaCTons issued by the Secretary of Labor thereunder which are incorporated herein by referenee. The App�icant sltall cause to be inserted in each contract or subcontract subject to the Copeland Act the speCific provisions required by the above regulations. Section 25. Accident Prevention.--The Applicant shall require of its contractors that precautson ahall be exercised at all times for the protection of persons (including employees) and property, and that hazardous conditions be guarded against or eliminated. Sec[ion 26. Supervision and Inspection.--The Applicant shall provide and maintain on its own behalf competent and adequate architectural or engineering services covering the supervision and inspection of the development and construction of the Frojec[. 5 . i Section 27. Equal Employment Opportunity.--The Applicant hereby agrees to incorporate or cause to be incorporated into any contract for construction work or modification thereof, paid for in whole or in part with funds obtained from the Federai Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan, insurance or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, inaurance or guarantee, the following equal opportunity clause: 'During the performance of this contract, the contractor agrees as follows: (1) The contractor wili not discriminate against anyemployeeor applicant for employment because of race, creed, color, or national origin. The contractor will take affirmadve action to ensure [hat applicants are employed, and that employees are treated during employment, without regard [o their race, creed, color, or national origin. Such action shall include, but not be limited to, the foliowing: employment, upgrading, demodon, or transfer; recruitment or recruitment advertising; lzyoff or termination; ratee of pay or other forms of compensation; and selection for training, including apprendce- ship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions o!this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive coneideradon for employment without regard to race, creed, color, or national origin. (3) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a nodce to be provided advising the labor union or workers' representative of the contractor's commitments under Section 202 of Executive Order No. 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The contractor will comply with ail provisions of Executive Order No. 11�46 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (5) The contractor will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit accesa to his books, records, and accounts by the Department of Housing and Urban Development and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules� regu- lations, and orders. (6) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be cancelled, terminated, or suepended in whole or in part and the contractor may be declared ineligible for further Government contracts or Federally-assisted construc- tion contracts, in accordance with procedures au�horized in Executive Order No. 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order No. 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (7) The contractor will include the provisions of paragraphs (1) through (7) in every aub- contract or purchase order unless exempted by rules, regulations, or orders of the 6 � •� , , . . . , . � • . ! . ' - . � . Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such acdon with respect to any subcontract or purchase order as the Department of Housing and Urban Development may direct as a means of enforcing such provisions, including sanctions for noncompliance; Provided, however, That in the event the contractor becomes involved in, or ie [hreatened with, litigation with a eubcontractor or vendor as a result of such direction by the Depart- ment of Housing and Urban Development, the contractor may request the United Statea to enter into such litigation to protect the interests of the United States." The Appltcant further agrees that it will be bound by the above equal opportunity clause in any Fadgrally-assisted construction work which it performs itself other than through the permanent wor� force directly employed by an agency of government. The Applicant agrees that it will cooperate act3vely with the Department of Housing and Urban Dev�lopment and the Secretary of Labor in obtaining the compliance of contractors and subcon- trac�ore with the equal opportunity clause and the rules, reguladons and relevant ordere of the S�retary of Labor, that it will furnish the Department of Housing and Urban Development and the Secretary of Labor such information as they may require for the supervieion of such com- pliattce, and that it will otherwise assist the Department of Housing and Urban Development in the discharge of the Department's primary responsibility for securing compliance. The Applicant futEi'�er agrees that it will refrain from entering into any contract or contract modification sub- ject .to Executive Order 11246 with a contractor debarred from, or who has not demonstrated e�gt1➢itity for, Government contracts and Federally-asaisted construction contracts pursuant to Part II, Subpart D, of Executive Order 11246 and will carry out such sanctions and penalties for vioiation of the equal opportunity ciause as may be imposed upon contractors and subcontractors t�+ the Department of Housing and Urban Development or the Secretary of Labor pursuant to Part II, Subpart D, of Executive Order 11246. In addition, the Applicant agrees that if it faila or ref��s to comply with these undertakings, the Department of Housing and Urban Development may cancel, terminate or suspend in whole or in part �his grant, may refrain from extending anq furdter a�sistance to the Applicant under the program with respect to which the failure or refusal occIIrred untii sattsfactory assurance of future compiiance has been received from such Appli- cant, or may refer the case to the Department of Justice for appropriate Iegal proceedings. Section 28. Civfl Ris�hts Act of 1964.--The Applicant covenants and agreea that it will comply with Title VI of the Civil Rights Act of 1964 (P.L. 88-352), and with the rules and regulations (24 "�,iFR, Subtitle A� Part 1)of the Department of Housing and Urban Development isaued pursuant tt�eT#to. aecdron 29. Payments to Contractors.--Not later than the fifteenth day of each calendar month the Applicant ahall make a partial payment co each construction contractor on the basis of a duly cez�#'fied and approved estimate of the work performed during the preceding calendar month by the particular contractor, but shall retain until final completion and acceptance of all work eov- ered hq the particular contract a reasonable amount, specified in the contract, sufficient to insure the�roper performance of the contract. �ec�n 30. �cdon of Work and Records; Maintenance of Records.--The Applicant shall �e- qntr+e of its contractors chat che Government's authorized representatives be permitted, and it w3�1 ltself permit them to inspect all work, materials, payrolls, records of personnel, invoices , � ,rrtaterials and other relevant data and records appertaining to the development of the Project. "R � The Applicant shall maintain proper and accurate financial records, books and accounts pertain- ing ta the grant and the development of the Project that will readily diaclose (1) relocatian costs. 7 I � . � . . ' ..� . ' �Y (Z�) eiiglbie Pro�ect coete� and (3) other Pro�act coete, and shall permit the Government'e au= thorized representativee to examine euch booke, recorda, and ad�unte. The Applicant egreee to maintain all of the aforesaid data, recorde and invoicee in one�place for at leaet a period of three yeare following completion of conetruction oi the Pro�ect. Section 81. Slgne.--The Applicant shall cauee to be erected at the eite oi the Proiect, and main- tained during conetruction, eigne eatiefactory to the Governmentidentifying the Project and lndi- cating the fact that the Government ie partic�pating in the development o! the Pro�ect. Secdon 92. Audit.--The Applfcant shall contract at ite own expenee for an audit of the Pro�ect by an independent certified or licensed public accountant; a copy of the contract ehall be tur- niehed to the Government; end three copiee of the audit report !n eubetance sadefactory to the Governmant ehall be iurniehed promptly to the Government. Section 83. Government Field Expenee.--The Government will bill the Applicant for payment of the tee epecified in the Grant Agreement to cover inepection coete and payment will be due irom the firet funde deposited in the Conetruction Account by the Applicant to pay ite ahara oi the Project Coet. In the event of termination of the Grant Agreemont� the Applicant oh411 be endtled to a refund of all or a proportionate part of the fee. The relund ehall be in such an nmount ae the Government determinee to be equitable under the circumetancee. Section 34. Operation o! Pro�ect.--The Applicant covenence that !t will operate �nd maintain the pro�ect or provide for the operation and maintenance thereof, to eerve the ob�ecte and purpoeee for which the grant hae been made available under the Federal law and the tarms of the Agree- ment. Secdon 8S. Intereet of Third Partiee.--The Agreement is not for the benefit of third pardee, including the holders from dme to time of any of the bonde iesued to finance a portion of the Project, and the Government shall be under no obligation to any such partias� whether or not indirectly intereeted in eaid Agreement, to pay any chargee or expeneee incident to compliance by the Applicant with any of its dutiee or obligations thereunder. Secdon 86. Intereet of Members of or Deleqatee to Congreee.--No member of or delegate to the Congrese oi the United Statee ehall be admitted to any ehare or part oi thie Agreement or to any benefit arieing tharefrom. Section 87. Bonue or Commieeion.--By execution of the Agreement, the Applicant repreoente that it hae not paid and, aleo, agrees r►ot to pay, any bonue commiasion or fee for the purpose of obtaining an approval oi ite application for the grant hereunder. Section 88. State or Territorial Law.--Anything in the Agreement to the contrary notwithstaading, nothing in the Agreemant ehall require the Applicant co obeerve or enforce compliance with any provieion thereof, periorm any other act or do any other thing in contravention of any applicable State or territorial law; Provided� That if any of the provieione o! the Agreement violata any applicable State or territorial law� or if compliance with the provieions of the Agreement would require the Applicant to violate any applicable State or territorial law� the Applicant will at once notify the Govarnment in writing in order that approprinte changea and modification� may be m4de by the Government and the Applicant to the end that the Applicant may proceed ae eoon ae po�.ible with the conetruction of the pro�ect. 8 o.o ooe•ea� � . , " , ' ', • , . . � . . , . . , � � • Project No. 4�S�Tash-129 AT7ACHMEM' B C.A.G, 1.836-71 (Resolution No. 1761) SPECIAL CONDITIONS: A. Applicant shail be responsible for assuring, in accordance with such rules or procedures as may be prescribed by the Government, that to the maximum extent practicable there are provided in connection with the construction of this project new job opportunities for the unemployed and underemployed. In carrying out this responsibiliry applicant shall include or cause to be included in all contracts for construction work in connection with the Project a provision stating that the contractor (1) shall , , to the maximum extent practicable, follow hiring and employment practices which will assure that performance of Project work results in new job opportunities for the unemployed and under- employed, and (2) shall insert or cause to be inserted the same or a similar provision in each construction subcontract.