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HomeMy WebLinkAboutRES 133 Draft 01 1972-1976 V ,.o County of Hawaii--State of Hawaii Resolution RESOLUTION AUTHORIZING EXECUTION OF GRANT AGREEMENT WHEREAS, the COUNTY OF HAWAII (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. WSF-HI-09-39-1010; and WHEREAS, the Government has approved 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 COUNCIL OF THE COUNTY OF HAWAII that the said Agreement, a copy of which is attached hereto, be and the same is hereby approved. The Mayor of the County of Hawaii 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 the County of Hawaii 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. Dated at Honokaa Hawaii, this 10th day of October 1973. INTRODUCED BY: e rC MAN, COUNTY HAWAII COUNTY COUNCIL ROLL CALL VOTE County of Hawaii AYES NOES A/E Carpenter x Hilo, Hawaii De Luz X I hereby certify that the foregoing RESOLUTION wag by the vote indicated to Farias x the right hereof adopted by the COUNCIL of the County of Hawaii on. Fuiii X Hisaoka X October 10 1973 Kawahara X Matayoshi X ATTEST: Yadao X Chr. Yamada X 011 91~ /GLeE G.+dlrt.? r'` Reference : Tadashi Suzuki Robert M. Yamad;1'G ` COUNTY CLERK CHAIRMAN & PRESI OFFICER M.B. No . RESOLUTION NO........... 1 33 HPL CERTIFICATE I, the undersigned, hereby certify: (1) that I am the duly appointed, qualified and acting County Clerk 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 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 October 10, 1973, 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. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the Applicant this 11th day of October 1973. TADASHI SUZUKI ~ t o ypp o t y SHUNICHI KIMURA CLIFFORD H. F. LUM MAYOR *1 CORPORATION COUNSEL COUNTY OF HAWAII OFFICE OF THE CORPORATION COUNSEL 28 AUPUNI STREET HILO, HAWAII 86720 October 10, 1973 County Council County of Hawaii Hilo, Hawaii Gentlemen: Re: Water and Sewer Grant Project NO. WSF-HI-09-39-1010 Contract No. H-602-4228 Enclosed is a copy of a letter received from the HUD office in San Francisco with a resolution for your adoption concerning a grant of federal funds for the above project. Since time is of the essence, we ask that you waive the 72-hour rule and include this.resolution on your agenda of October 10, 1973 for approval. Very truly yours, C IFFO F .L Corpo on el CHFL:mnk Encs. e)es o.3, cc: Mayor Dept. of Water Supply i ^ZMFNT DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT SAN FRANCISCO AREA OFFICE s~> ONE EMBARCADERO CENTER, SUITE 1600 0~3Aao 100:p SAN FRANCISCO, CALIFORNIA 94111 REGION IX 450 Golden Gate Avenue P.O. Box 36003 San Francisco, California 94102 IN REPLY REFER TO: Office of Area Counsel MG OCT 1973 VIA AIR MAIL Honorable Shunichi Kimura Mayor County of Hawaii 25 Aupuni Street Hilo, Hawaii 96720 Dear Mayor Kimura: Subject: Water and Sewer Grant Agreement Project No. WSF-FII-09-39-1010 Contract No. H-602-4228 There are enclosed three undated counterparts of the proposed Water and Sewer Grant Agreement providing for a grant of Federal funds under Title VII of the Housing and Urban Development Act of 1965, to. aid in financing the cost of the Project described therein. There are also enclosed (1) a form of resolution approving and authorizing the execution of the Agreement, accompanied by suggested minute extracts and a form of certificate pertaining to the introduc- tion and adoption of the resolution; (2) a form of general certificate, and (3) a form of opinion to be completed by your attorney. The Agreement should be executed and returned to this office within 35 days from the date of this letter. If you cannot meet this require- ment, please communicate with us immediately. Immediately after the Agreement has been executed, please transmit to this office (1) three executed, undated counterparts of the Agreement, (2) one original copy of the resolution, as adopted, (3) one completed General Certificate, and (4) one signed and dated opinion from your attorney. After the Agreement has been executed and dated by the Government, we will transmit to you one fully executed counterpart and two conformed copies of the Agreement for your records. In order to expedite further our 'joint aims in this contract, please note provisions 2(b), 16 and 38 of Attachment "A" to the Grant Agree- ment, and HUD Form 4234-WS "Preconstruction Instructions for Owners" which was previously furnished to you. In submitting construction documents for review, it will assist us in serving you if you will provide us with an itemization of any changes you contemplate in HUD Standard Forms, and an explanation of your reasons for such changes. Please have your attorney comment on these.changes on HUD Form 4238J. This will facilitate our review of Construction Bid Documents to our mutual advantage. Please acknowledge this letter and enclosures promptly. If you should have any questions concerning this matter, do not hesitate to communicate with us at once. Sincerely, JOSEPH M. HAMBLIN Area Counsel Jean Davis King Attorney Enclosures -2- i U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT i GRANT AGREEMENT (Water and Sewer Facilities Grant Program) Project No. VISF-HI-09-39-1010 II Contract 11o. H-602-4228 11 Name of Applicant: County of Haviai i Address: 25 Aupuni Street Hilo, Ha4,raii 96720 THIS GRA'1T AGREE'' ENT dated as of July 1, 1973, by and between the County of Hawaii (herein called the "Applicant"), and the United States of America, Secretary of Housing and Urban Development (herein called the "Government"): I NOW, THEREFORE, THIS AGREEI'ENT 41ITNESSETH: That for and in consideration of the mutual promises hereinafter contained, the parties hereto do covenant and agree as follows: Section 1. Amount and Purpose. Subject to.the Terms and Conditions attached hereto and made a part hereof, and the provisions of this Agreement, the Government will make a Grant to the applicant on account of the Project. The Grant shall in no event exceed the amount of $408,000. Section 2. Description of the.Project. The project shall consist of: Construction of an addition to the County's se;rerage system in Hilo; consistir:-~ of approximately 5700 feet of 36-inch trunk line, 7900 feet of P. through 12.-inch collectors, and related appurtenances and connections (herein called the "Project"). Section 3. Governrc-nt Field Expense. The amount of the fixed fee for Government =ield expense referred to in Section 33 of the attached Terms and Conditions shall be $5,200. I I - Section 4. Reduction in Grant. The Government shall have the right to reduce the amount of the Grant upon giving the Applicant i written notice, if the Eligible Project Cost after at.rard 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. Relocation Payments. The applicant agrees to make relocation payments and payments for eligible expenses incidental-to transfer of title and condemnation litigation, and to provide relocation assistance to or on behalf of eligible displacees in accordance with and to the full extent permitted by the regulations or other requi r2ments of the Secretary of Housing and !Urban Development and within the budgetary limits of this Agreement. All costs of the applicant for providing such payments and assistance on account of displacement shall be treated and funded as are other eligible project costs. Grant funds from the total amount thereof set forth in Section 1 of this Agreement, used to fund the cost of relocation payments and assistance in accordance with this Section of this Agreement shall not ~.J thout the prior written consent of the Secretary of Housing and Urban Development, exceed $ (None). Section 6. Special Conditions. The Government's oblioation to make the Grant is also subject to the folloviing Special Conditions: (a) Notwithstanding any other provision of this Grant Agreement, the Government shall be under no obligation to make any grant payrr,ents pursuant thereto until the Grantee (County j of Ha%gaii) has provided the Government with satisfactory evidence that a contract has been let by the Grantee for construction of the local collector lines which will be tributary to the trunk or interceptor lines as proposed to be installed under this HUD Federally-assisted sewer project, but under no circumstances shall the Grantee require more than eighteen (18) months to satisfy this Special Condition. (b) Empl oLment of AnDrenti ces and Trainees. The Appl i cant- Grantee shall coiTply ~:rith the provisions of Department of Labor Requlations '(29 CFR, Part 5 and 5(a) ) and shall ascertain that these provisions are made a part of every invitation for bids, and to every negotiation, request for proposals, or request for quotations. (c) Compliance With the Provisions, of the Clean Air Act- Notwithstandinq any other provisions of this contract, i the Applicant agrees to coniply with the Clean Air Act, as amended (42 U.S.C. 1857, et seq.), and the standards issued thereto, in connection with the activities receiving assistance hereunder. -2- O O IN WITNESS 11HEREOF, this Agreement has been executed in the ' name and on behalf of the County of Hawaii by the undersigned official, and under its official seal, attested by its Secretary, and in the name and on behalf of the United States of Am°rica, Secretary of Housing and Urban Development, by the undersigned official. (SEAL) COUNTY OF HAWAII By I` (Signature) Type Name) Mayor Title ATTEST: ignature ) i I Type Name Title UNITED STATES OF AMERICA Secretary of Housing and Urban Development By ? Area Director APPROVED as to San Francisco Area Office F. SM c4nd LEGALITY i -3- ur Hi\VVAII Date U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ATTACHMENT "A"' TERMS AND CONDITIONS Constituting Part of the Grant Agreement Providing for the Financing and Construction of Water or Sewer Facilities Under Title VII of the Housing and Urban Development Act of 1965, Public Law 89-117, August 10, 1965. Section 1. Definitions.-As used in these Terms and Conditions: "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 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 Cost" means the cost of construction work for the Project, cost of necessary 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 project, and of site improvements, all as determined by the Government. "Depository" means a bank or trust company which is a member of the Federal Deposit Insurance Corporation. ,"Project 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. "Secretary" means the Secretary of Housing and Urban Development or his authorized representative. Section 2. Prerequisites to Government's Obligations.-The Government shall be under no obligation to disburse funds under the Grant Agreement if: (a) Representations.-Any 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 that the Grantee has failed to proceed promptly with Project financing or construction. (b) Concurrence by Government.-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 provision to insure that no action will betaken in the development of the project which would result in legal or contractual violation rendering it impossible for the Government to make the grant hereunder or for the parties to accomplish the objects of the Agreement. (c) Prohibited Interests.-Any official or employee of the Grantee who exercises .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 contract or subcontract pertaining to the project. The Grantee shall adopt and enforce such measures as are required by Section 33 of these Terms and Conditions to effectuate this provision. HUD-41420 (7-72) PREVIOUS EDITION IS OBSOLETE 0 0 (d) Litigation.-There is then pending litigation with respect to performance by the Grantee of any of its duties or obligations which may jeopardize or adversely affect the Project or this Grant Agreement. (e) Performance.-Any event has occurred which makes the accomplishment of the Project by the Grantee impossible, improbable, infeasible, or illegal. Section 3. Grantee's Funds.-Tile Grantee shall initiate and prosecute to completion all proceedings necessary to.enable the Grantee 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 Grantee shall take all actions necessary to enable it to finance, construct, and develop the project in due time, form and manner as required by law and the Grant Agreement. Section 5. Land Acquisition.-The Grantee covenants and agrees that in acquiring real property for the project it will be guided to the greatest extent practicable under State law by the land acquisition policies in Section 301 and the provisions of Section 302 of the "Uniform Relocation and Real Property Acquisition Policies Act of 1970" and that it will comply with Sections 303 and 304 of said Act. Section 6. Job Opportunities for Un-and Under-employed-Applicant shall 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 responsibility 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 underemployed, and (2) shall insert or cause to be inserted the same or a similar provision in each construction subcontract. Sections 7-8. (RESERVED) Section 9. Records of Negotiations.-The Grantee covenants and agrees that it will maintain complete and accurate records of all negotiations and other actions affecting acquisition of any property.in connection with the Project and such records shall be available for inspections by representatives 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 Acquisition.-The Grantee may requisition disburse- ments 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 Grantee to make payment as required under Section 5 above, provided (1) no impediment exists which would prevent carrying forward of the Project, and (2) 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 agrees that it will repay any funds disbursed hereunder. Section 11. Grant Disbursements.-The Grantee may requisition 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 Government. 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 2 HUD-41420 (7-72) construction costs exceed 90 percent of the grant amount specified in the Agreement for such costs until after the Project has been completed and audited, and the final grant amount determined by the Government. Section 12. Prerequisites to Disbursements.-Prior to the Government disbursing any portion of the grant except as provided otherwise in Section 10 above, the Grantee shall present satisfactory 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 construction and operation of the Project, including approval of the final plans and specifications by the appropriate State authorities; (b) It has the funds or a firm binding commitment 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 Cost and that it will promptly deposit any remaining portion of its share of the Project Cost in order that all 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 provisions 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 13. Construction Account.-The Grantee shall establish and maintain with a designated Depository, or a fiscal agency of the Grantee fixed by law, a 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 furnished by the Grantee in order to assure the payment of all Project Costs. Moneys in the Construction Account shall be expended only for such purposes as shall have been previously specified in the Project Cost estimates approved by the Government. The Grantee shall pay all Project Costs from the Construction Account. Moneys in the Construction Account shall be secured by the Depository in the manner prescribed by statutes relating to the securing of public funds. Where the moneys on deposit in the Construction Account exceed the estimated disbursements on account of the Project for the next 90 days, the Grantee may direct the Depository to invest such excess funds in direct obligations of, or obligations the principal of and interest on which are guaranteed by, the United States Government, which shall mature not later than 18 months after the date of such investment and which shall be subject to redemption at any time 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 Government of the total Project Cost and the grant. Such balance shall 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 with its other contractual agreements, applicable State or local law or other governing conditions: Section 14. Prompt Procedure - Economic construction.-The Grantee covenants and agrees that it will proceed promptly with all matters necessary to the financing and the development of the Project; and that the Project will be undertaken and developed in such manner that economy will be promoted in such development and in the construction work. Section 15. Approvals and Permits.-The Grantee shall obtain approvals and permits required by law as a condition precedent to the acquisition, construction, development, and operation of the Project. 3 HUD-41420 (7-72) S O 0 Section 16. Submission of Proceedings, Contract and Other Documents.=The Grantee shall submit to the Government such data, reports, records and documents relating to the financing, construction, and operation of the project as the Government may require. Approval of the Government must be obtained prior to the assignment of any interest in or part of any contract relating to the Project. Section 17. Construction by Contract.-All work on the Project shall be done under contract and every opportunity shall be given for free, open and competitive bidding for each and every construction, material, and equipment contract. The Grantee shall give such publicity by advertisement or calls for bids by it for the furnishing to it of work, labor, 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 law, award a contract to a responsible bidder other than the lowest in price. The Grantee shall prior to the award of a contract, obtain. verification from the Government proposed contractor is not debarred from participating in Federally assisted construction activities. Similar verification is required for subcontracts relating to the Project. Section 18. Changes in Construction Contract.-Any change in a construction contract shall be submitted to the Government. Section 19. Contract Security.-The Grantee shall require that each construction contractor shall furnish a performance 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 bond in an amount not less than 100 percent of his contract price or in a penal sum not less than that prescribed by State, territorial, or local law, whichever is greater as security for the payment of all persons performing labor on the Project under his contract and furnishing materials in connection with his contract. The performance bond 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, Workmen's Compensation Insurance, Public Liability, Property Damage, 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 the option of the Grantee) the contractor is required to maintain Builders Risk Insurance (tire and extended coverage) on a 100 percent basis (completed value form) on the insurable portion of the Project for the benefit of the Grantee the prime contractor, and all subcontractors, as their interests may appear. Section 21. Wage Rates.-The Grantee shall comply with the provisions of the Act of March 3, 1931 (Davis-Bacon Act, 40 USC Sec. 1276), as amended, and the applicable rules and regulations issued by the Secretary of tabor thereunder which are incorporated herein by reference. The Granite shall cause to be inserted in each contract or subcontract subject to the Davis-Bacon Act the specific provisions required by the regulations of the Secretary of Labor. Section 22. Contract Work Hours.-The Grantee shall comply with the provisions of the Contract Work Hours Standards Act (40 USC secs. 327-332) and the-applicable rules and regulations issued by the Secretary of Labor thereunder which are incorporated 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. Section 23. Copeland Act.-The Grantee shall comply with the provisions of the Act (Anti-Kickback). 48 Stat. 1948, as amended, and the applicable rules and regulations issued by the Secretary of Labor thereunder which are incorporated herein by reference. The Grantee shall cause to be inserted in each contract or, subcontract subject to the Copeland Act the specific provisions required by the above regulations. 4 HUD-41420 (7-72) 0 0 Section 24. Payment of Employees.-The Grantee shall require of its contractors that all employees engaged in work on the Project be paid in full (less deductions made mandatory by law) 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 be guarded against or eliminated. Section 26. Supervision and Inspection.-The Grantee 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 Project. 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 (40 USC 20004), and with the rules and regulations (24 CFR, Subtitle A) of the Department'of Housing and Urban Development issued pursuant thereto. Section 28. Payments to Contractors.-Not later than the fifteenth day of each calendar month the Grantee shall make a partial payment to each construction contractor on the basis of a duly certified 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 covered by the particular contract a reasonable amount, specified in the contract, sufficient to insure the proper performance of the contract. Section 29. Inspection of Work and of Record: Maintenance of Records.-The Grantee shall require of its contractors that the Government's authorized representatives be permitted, and it will itself permit them to inspect all work, materials, payrolls, records of personnel, invoices of materials and other relevant data and records appertaining to the development of the Project. The Grantee shall maintain proper and accurate financial records, books and accounts pertaining to the grant and the development of the Project that will readily disclose (1) relocation costs, (2) eligible and ineligible construction costs, and (3) other Project costs, and shall permit the Government's authorized representatives to examine such books, records and accounts including weekly contractors payrolls. The Grantee agrees to maintain all of the aforesaid data; records and invoices in one place for at least a period of three years following completion of construction of the Project. Section 30. Signs.-The Grantee shall cause to be erected at the site of the Project, and maintained during construction, signs satisfactory to the Government identifying the Project and indicating the fact that the Government is participating in the development of the Project. Section 31. Audit.-The Grantee shall contract at its own expense for an audit of the Project by an independent'certified or licensed public accountant; a copy 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. 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 grunt. Section 33. Interest of Public Officials and Employees.-The Grantee shall adopt and enforce measures to assure that no 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 Project, 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 concerning any disclosure made to it, and the Secretary shall advise the Grantee of the action to be taken. 5 HUD-41420 (7-72) . , t_u - O O A necessary casement acquired by condemnation or at fair market value shall not be considered an interest in real property within the meaning of this section. Section 34. Interest of Third Parties.-The Government shall not be liable or obligated under this Agreement to any party other than the Grantee. Section 35. Interest of Members of or Delegates to Congress.-No member of or delegate to the Congress of the United States shall be admitted to any share or part of this Agreement or to any benefit arising therefrom. Section 36. Bonus or Commission.-By execution of the Agreement, the Grantee represents that it has not paid and, also, agrees not to pay, any bonus commission or fee for the purpose of obtaining an approval of its application for the grant hereunder, or any other approval by the Government which may be necessary under this Agreement. Section 37. State or Territorial Law.-Anything in the Agreement to the contrary notwithstanding, nothing in the Agreement shall require the Grantee to observe or, enforce compliance with any provision thereof, perform any other act or do any other thing in contravention of any applicable 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 Agreement would require the Grantee to violate any applicable State or territorial law, the Grantee will at once notify the Government in writing in order that appropriate changes 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. Section 38. Waivers.-Subject to the applicable Federal law, any liability or remedy which the Government may have under this Agreement may be waived in writing 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 noncompliance with any of the prerequisites set forth in Section 2 hereof. The making 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 default. Section 39. Termination or Suspension of the Agreement.-The Government may terminate or suspend this Agreement upon the violation of of the terms or conditions of this Agreement. The Government shall not be limited to recovery of all or part of the grant for any such violation, but shall also be entitled to injunctive or other equitable relief as appropriate. Section 40. How Agreement Affected by Provisions Being Held Invalid.-If any provisions of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby if it is in conformity with the terms and requirements of applicable laws. Section 41. Operation, Sale, or Disposal of the.Project.-The Grantee covenants and agrees that: (a) It will operate and maintain the Project, or provide for the operation and maintenance thereof, to serve the objects and purposes for which the grant has been made available under Federal law and the terms of the Grant Agreement. (b) It will not sell, lease, or otherwise dispose of the Project or any portion thereof without prior written approval of the Government. Such approval will be based upon such.conditions as the Government deems appropriate and may include repayment of all or part of the grant. .6 HUD-41420 (7-72) (c) The Goc'rment shall not be limited to recovery of alO l or part of the Grant for enforcement of the requirements of this Scction, but shall also be entitled to injunctive or other equitable relief as appropriate. 7 HUD-41420 (7-72) U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Attachment B EQUAL EMPLOYMENT OPPORTUNITY PROVISIONS Equal Employment Opportunity. The Grantee 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 Federal 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, insurance or guarantee, the following equal opportunity clause: "During the performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, creed, color, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, color, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of 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 consideration 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 notice to be provided advising the labor union or workers' repre- sentative 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 all provisions of Executive Order No. 11246 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 access 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, regulations, 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 suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or Federally-assisted construction contracts, in accordance with procedures authorized in Executive Order NoA 1246 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 subcontract or purchase order. unless exempted by rules, regulations, or orders of the 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 action 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 is threatened with, litigation with a subcontractor or vendor as a result of such direction by the Department of Housing and Urban Development, the contractor may request the United States to enter into such litigation to protect the interests of the United States." HUD-414218 (2-71) The Grantee further agrees that it will be bound by the above equal opportunity clause in any Federally-assisted construction _ work which it performs itself other than through the permanent work force directly employed by an agency of government. The Grantee agrees that it will cooperate actively with the Department of Housing and Urban Development and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations and relevant orders of the Secretary 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 supervison of such compliance, 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 Grantee further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and Federally-assisted construction contracts pursuant to Part II, Subpart D, of Ex- ecutive Order 11246 and will carry out such sanctions and. penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the Department of Housing and Urban Development or the Secretary of Labor pursuant to Part 11, Subpart D, of Executive Order 11246. In addition, the Grantee agrees that if it fails or refuses to comply with these undertakings, the Department of Housing and Urban Development may cancel, terminate or suspend in whole or in part;this grant, may refrain from extending any further assistance to the Grantee under the program with respect to which the failure or refusal occurred until satisfactory assurance of future compliance has been received from such Grantee, or may refer the case to the Department of Justice for appropriate legal proceedings. NUO-41421B 12.711 HUD-wash., D.C. 257523-P U.S. GOVERNMENT PRINTING OFFICE: 1971-794-014/1486 O U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Water and Sewer Facilities Grant Program ATTACHMENT "C" RELOCATION TERMS AND CONDITIONS Section 1. Definitions. As defined in these Relocation Terms and Conditions: "Government" means the United States of America. "Project" means the Water or Sewer Facilities covered by Grant Agreement. l "Grant Agreement" means the contract between the Government and the Applicant covering the Project and covers both these Terms and Conditions and other contract instruments. "Applicant" means the public entity or entities designated in the Grant Agreement. "Terms and Conditions" means Attachment "A" Terms and Conditions to the Grant Agreement (Form HUD-41420). Section 2. Records of Relocation Activities. The Applicant covenants and agrees that it will maintain com- plete and acctnate records and accounts satisfactory to the Government concerning its relocation activities; including the names of all eligible displacees, and pertinent facts to aid in their relocation, the accommo- dations in which they are relocated, and all relocation assistance and payments afforded them by the Applicant, and shall permit the Government's authorized representatives to examine such books, records, and accounts. The applicant agrees to maintain the aforesaid records in one place for at least a period of three years following completion of construction of the Project or the completion of making all relocation payments, whichever is later. Section 3. Disbursement of Grant Funds for Relocation Payments. Subject to the terms of the Agreement, the Applicant may requisition disbursements on account of the grant funds provided in the Agreement for relocation payments and assistance at any time after receipt of the Agreement as needed to enable the Applicant to make relocation payments and provide relocation assistance to. eligible displacees. Such requisition shall be in such form, and be accompanied by such data, as shall be required by the Government. All disbursements of funds hereunder shall be deposited in the Construction Account and paid out in accordance with Section 13 of the Terms and Conditions. The Government. shall be under no obligation to disburse grant funds for relocation payments if any of the conditions set forth in Section 2 of the Terms and Conditions exist. Section 4. Applicants' Funds. The Applicant covenants and agrees that it will provide its share of the cost of relocation payments and services to eligible displacees in connection with the Project. Section 5. Audit. The Applicant covenants and agrees that the Project audit required by Section 31 of the Terms and Conditions shall include audit of the costs of relocation payments and services to eligible displacees if required by the Government, or in lieu thereof, the Applicant shall provide a certification thereof as required by the Government. HUD-41420.2 (7-72) REPLACES FORM HUD-41426 AND PREVIOUS EDITION WHICH ARE OBSOLETE