Washington County ~ IG160001 ~ Sidewalk Infill - North Dakota Street & 95Th Avenue. City Project No. 95045. CDBG Project No. 6110 fj/��riOr
V"
Contract No: CA I(p—0 oZJ$
CONTRACT AMENDMENT NO. 2
This amendment is made and entered into by and between,City of Tigard(Contractor")and
Washington County, a political subdivision of the State of Oregon("County").
This amendment modifies that certain contract between the parties,the original contract number
being BCC 14-1159.
The contract is amended as follows:
Part V. A. Project Description, Scope of Activities, is revised as attached to include the
addition of an enhanced crosswalk along Wh Ave across Greenburg Rd.
Part V. C. Budget Summary is revised as attached to increase the total project cost by
$60,000. The budget includes an increase of$30,000 in CDBG funds and an increase of
$30,000 to be paid by the City of Tigard.
Effective Date of Amendment: March 11, 2016, or upon final signature, whichever is later.
All other terms and conditions of the original contract shall remain in full force and effect.
CONTRACTOR:
L/�A►,�� �� � z . !.[�Irk
Signature Printed Name
3 - 9 zo l C4' Mart A oe,.r
Date Title
15-63 -7j g. 2AIe6 ma
Telephone Number Email
WAS ON COUNTY:
C Rob Mesar
Signature Printed Name
Asst.County Administrator
Date I Title
Revised 1/12
PROJECT DESCRIPTION, SCOPE OF ACTIVITIES
AND ANTICIPATED ACCOMPLISHMENTS
2014-2015 CDBG Program Year
I. Federal Award Information
A. Federal Award Number: B-14-UC-41-0002
B. CFDA#:14.218
C. Amount of Federal Funds: See III.E. below
The Federal Award Information shown above must be passed on to any subaward made under
this contract.
II. Washington County Project Number and Title:
CDBG Project#6110, City of Tigard, Sidewalk In-fill - N Dakota & 95th Ave
III. Description of: Project, Activities, Anticipated Accomplishments, Low and Moderate or
Other Target Group Beneficiaries.
A. Nature and Purpose of the Project:
The project will construct 800 feet of `missing link' sidewalk along North Dakota St
and 95th Ave connecting a large neighborhood's pedestrian traffic to Greenburg
Rd. Most of the streets in this portion of the neighborhood have adequate
sidewalks; however, there are two key gaps at North Dakota St and 95th Ave's
intersection with Greenburg Rd. Both streets are the main ways into and out of
this neighborhood, yet they lack sidewalks right where pedestrian and traffic
volumes are highest. Because this is such an important neighborhood connection,
people need to walk along these streets to get to jobs, transit, school bus routes,
basic services, and the rest of the community. This means they have to risk
walking in the narrow travel lanes of a road used by over a thousand cars a day.
The hill on 95th Avenue creates an even more dangerous path for cars and
pedestrians to have to access in order to reach Greenburg Road.
The project will also provide an enhanced crosswalk across Greenberg Rd, a
busy street that would otherwise be a barrier to pedestrian travel. The crosswalk
will include a rectangular rapid flashing beacon (RRFB; flashing light) system to
warn drivers when pedestrians are present.
B. Proposed Location or Impact Area(s):
North Dakota and 95th Avenue, Tigard
C. Duration/Timing of the Project:
July 1, 2014 - June 30, 2016
D. Number of Low and Moderate Income or Target Group Beneficiaries:
722 Low/Moderate income Individuals
EXHIBIT A
E. Component Activities (CDBG vs. Others):
CDBG = $230,000 Agency = $60,000
F. Quantitative Projections for CDBG Component Activities (in units, linear
feet, square feet, etc.) for all acquisitions, construction, reconstruction,
rehabilitation, etc.:
CDBG funds will be used for acquisition of adjacent land not currently in the public
right-of-way (as needed), professional services, and construction costs associated
with the project.
EXHIBIT A
Project Number: 6110
Project Year(funded): 2014-15
Budget Summary (2 page form -see Excel tabs )
Project Title: Tigard Infill: North Dakota St and 95th Ave to Greenburg Rd
Legal Name of Entity: City of Tigard
Address 13125 SW Hall Blvd City: Tigard State: OR Zip: 97223
I. BUDGET LINE ITEMS:
A. Personnel Services
1. No. of 4. Portion Chargeable
Employees 2. Job Title 3. Total Salary to CDBG
1 Senior Project Engineer $10,000.00
1 Enaineerina Technician 1 $10,000.00
1 Senior Engineering Technician $10,000.00
5. Subtotal $30,000.00 $0.00
6. Extra Help/Overtime
7. Fringe Benefits
8. TOTAL PERSONNEL COSTS $30,000.00 50.00
B. Materials and Supplies Portion Chargeable
Materials and Services to CDBG
9. Office Supplies
10. Operating Supplies
11. Communications
12. Travel and Training
13. Legal & Public Notices
14. Professional Services $65,000.00 $56,000.00
15. Construction Contracts $144,000.00 $129,000.00
16. Other(specify):
17. TOTAL MATERIALS AND SERVICES $209,000.00 $185,000.00
EXHIBIT C
Total Portion Chargeable to
C. CAPITAL OUTLAY Captital Outlay CDBG
18. Capital Outlay:
Quantity Item
19. Real Property Acquisition $51,000.00 $45,000.00
20. TOTAL CAPITAL OUTLAY $51,000.00 $45,000.00
21. Total Project Cost 22. Total CDBG Award
$290,000.00 $230,000.00
II. SOURCES OF PROJECT FUNDING
1. Federal
2. State
3. Local Cash $30,000.00
4. Count
5. In-Kind Service and Supply $30,000.00
6. Other: Unrestricted Private Contributions
7. Subtotal $60,000.00
8. Community Development Block Grant 1 $230,000.00
9. TOTAL PROJECT COST $290,000.00
III.AUTHORIZATION
Date Auth rized Signature for Project
Date Authorized Signature for'15roject
COUNTY USE ONLY
Reviewed and approved by Washington County Office of Communi Development on
�\e��1.. \� 1206 by �1 eh no c R- �/c.c "�
Signa re
EXHIBIT C
WASHINGTON COUNTY
OREGON
March 15, 2016 RECEIVE)
MAR 2 1 2016
Marty Wine
City of Tigard City of Tigard
Administration
13125 SW Hall Blvd
Tigard, OR 97223-8167
Subject: CDBG Project: #6110, City of Tigard, Sidewalk In-fill - N Dakota &
95th Ave
Dear Marty:
Enclosed is your copy of the above-referenced contract amendment that
revises the project description and scope of activities to include the addition of an
enhanced crosswalk along 95th Ave across Greenburg Rd and revises the budget
summary to increase the total project cost by $60,000. The budget includes an
increase of $30,000 in CDBG funds and an increase of $30,000 to be paid by the
City of Tigard. Please retain this copy for your records.
Sincerely,
Jen ' H. Proctor, Program Manager
Offic of Community Development
Enclosures
C: Mike McCarthy
Office of Community Development
328 West Main Street, Suite 100, MS 7, Hillsboro, OR 97123-3967
phone: 503-846-8814 9 fax: 503-846-2882
Contract No: CA (S- q-7
CONTRACT AMENDMENT NO. 1
This amendment is made and entered into by and between, City of Tigard (Contractor") and
Washington County, a political subdivision of the State of Oregon("County").
This amendment modifies that certain contract between the parties, the original contract number
being BCC 14-1159.
The contract is amended as follows:
Part V. A. Project Description, Scope of Activities and Anticipated Accomplishments is
revised as attached, which extends the project completion deadline to June 30, 2016.
Effective Date of Amendment: June 30, 2015, or upon final signature, whichever is later.
All other terms and conditions of the original contract shall remain in full force and effect.
CONTRACTOR:
NI a►'-1 ,a L, Wrn
Signature Printed Name
6-41 _ 2015- CrjMaha�.�
Date Title
X03. ?r 2�tr& M a rtl @ t--IA0,Cd — 001
Telephone Number Email
WASHINGTON COUNTY:
Rob Massar
Signature Printed Name
�- Asst County Administrator
Date Title
Revised 1/12
PROJECT DESCRIPTION, SCOPE OF ACTIVITIES
AND ANTICIPATED ACCOMPLISHMENTS
2014-2015 CDBG Program Year
I. Federal Award Information
A. Federal Award Number: B-14-UC-41-0002
B. CFDA #:14.218
C. Amount of Federal Funds: See III.E. below
The Federal Award Information shown above must be passed on to any subaward made under
this contract.
II. Washington County Project Number and Title:
CDBG Project #6110, City of Tigard, Sidewalk In-fill - N Dakota & 95th Ave
III. Description of: Project, Activities, Anticipated Accomplishments, Low and Moderate or
Other Target Group Beneficiaries.
A. Nature and Purpose of the Project:
The project will construct 800 feet of`missing link' sidewalk along North Dakota St
and 95th Ave connecting a large neighborhood's pedestrian traffic to Greenburg
Rd. Most of the streets in this portion of the neighborhood have adequate
sidewalks-, however, there are two key gaps at North Dakota St and 95th Ave's
intersection with Greenburg Rd. Both streets are the main ways into and out of
this neighborhood, yet they lack sidewalks right where pedestrian and traffic
volumes are highest. Because this is such an important neighborhood connection,
people need to walk along these streets to get to jobs, transit, school bus routes,
basic services, and the rest of the community. This means they have to risk
walking in the narrow travel lanes of a road used by over a thousand cars a day.
The hill on 95th Avenue creates an even more dangerous path for cars and
pedestrians to have to access in order to reach Greenburg Road.
B. Proposed Location or Impact Area(s)-
North Dakota and 95th Avenue, Tigard
C. Duration/Timing of the Proiect:
July 1, 2014 - June 30, 2016
D. Number of Low and Moderate Income or Target Group Beneficiaries:
722 Low/Moderate income Individuals
EXHIBIT A
E. Component Activities (CDBG vs. Others):
CDBG = $200,000 Agency = $30,000
F. Quantitative Projections for CDBG Component Activities (in units, linear
feet, square feet, etc.)for all acquisitions, construction, reconstruction,
rehabilitation, etc.:
CDBG funds will be used for acquisition of adjacent land not currently in the public
right-of-way (as needed), professional services, and construction costs associated
with the project.
EXHIBIT A
Date/Time
a Stamp
New Records Transmittal Form
Department: City Managment Account: 600-1000 Date: June 15, 2015
Prepared bJoanne Bengtson Extension: 2476
Description: Date: Retention Retention Record Series
Code: Period: Title:
CDBG Project/#6110: City of 166-200-0265(3)(b) 166-200-0265 Contracts
Tigard, Sidewalk In-fill at North
Dakota and 95`h Avenue, Contract Contracts
Amendment No. 1
Contracts document the
Amendment dated 6-5-15 solicitation, negotiation and
purchasing goods and services for
cities and employees.
(3) Contracts and Agreements
(166-200-0135(4); 166-200-
0120(8))—Minimum retention:
• (b) Construction contract records,
retain 10 years after substantial
completion;
Stat. Auth.: ORS 192 &357
Stats. Implemented: ORS 192.005
- 192.170 &357.805- 357.895
Hist.: OSA 2-2014, f. &cert. ef. 8-
7-14
TO BE COMPLETED BY RECORDS DIVISION STAFF
Received by: Date Medium:
Received:
Clerk's Index: Date of Copy Sent To:
Yes ❑ No ❑ Entry: Date:
rev. 1/30/07)
13c& 14
%'p� Ctmf*ae� Nd.ClSoa�'�)
AGREEMENT
between
WASHINGTON COUNTY
and
City of Tigard
This Agreement, entered into this 2Z�day of Ncv' - , 2014, between Washington
County, a municipality of the State of Oregon (hereinafter referred to as the "County"),
and City of Tigard, (hereinafter referred to as the "City"):
RECITALS
A. The County is an urban county applicant for Block Grant funds under the Housing
and Community Development Act of 1974 (the Act), 42 USC 301 et seq as
amended, and the National Affordable Housing Act of 1990, and will receive Block
Grant funds for the purpose of carrying out eligible community development and
housing activities under the Acts and under regulations promulgated by the
Department of Housing and Urban Development (HUD) at 24 CFR Part 5701-
B.
70;B. The County and various cities within the County, including the City, have agreed to
cooperate in the undertaking of essential community development and housing
activities;
C. The County desires to have certain services performed by the City as described
within this Agreement for the purpose of implementing eligible activities under the
Act and HUD regulations;
D. It is appropriate and mutually desirable that the City be designated by the County
to undertake the aforementioned eligible activities, so long as the requirements of
the Act, HUD regulations, state law and local law are adhered to, as provided for
herein;
E. The purpose of this Agreement is to provide for the cooperation between the
County and the City, as the parties in this Agreement, in implementing such
eligible activities in the manner described above;
F. The parties are authorized and empowered to enter into this Agreement by ORS
190.010 et seq., by the Constitution of the State of Oregon; and
G. Therefore, in consideration of the payments, covenants, and agreements
hereinafter mentioned and to be made and performed by the parties hereto, the
parties mutually covenant and agree as provided for in this Agreement.
City Infrastructure 6-2012
Page 1 of 28
CITY WASHINGTON COUNTY
Signature Chairman, Board of County
Commissioners
14- C/�' Z. :;���7
Date Recording Secretary
(1-Z5 - !g
Date
APPROVED WASHINGTON COUNTY
91+9(0-104+59 BOARD OF COMMISSIONERS
DUNS Number(this Feld required) MINUTE ORDERe _ (1-{_ Off
DATE_II_25 —t�
93 - 050- 39 4o 13Y_4j
Tax Identification Number (this field required) a-F-F-RK(3•TH OARD
APPROVED AS TO FORM
Attorney for the ashing-ton Co u ffice of Community
Development
City Infrastructure 6-2012
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INDEX TO AGREEMENT
PART I. GENERAL CONDITIONS
1. Scope of Agreement and Applicability to Terms and Conditions of this
Agreement
2. Scope of Work
3. Commencement and Termination of Projects
4. Administration
5. Operating Budget
6. Compensation and Method of Payment
7. Reversion of Assets and Interest in Property
8. Funding Alternatives and Future Support
9. Amendments
10. Assignment and Subcontracting
11 . Insurance
12. Hold Harmless and Indemnification
13. Conflict of Interest
14. Default
15. Enforcement
16. Appeal
17. Termination
18. Prohibition on the Use of Debarred Contractors
19. Applicable Law, Venue, Attorney Fees and Costs
20. Extensions
City Infrastructure 6-2012
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21 . Survival
PART II. FEDERAL, STATE AND LOCAL PROGRAM REQUIREMENTS
1. UniformAdministrative Requirements
2. Procurement Standards
3. Environmental Review
4. Nondiscrimination
5. Property Management
6. Labor Standards
7. Acquisition and Relocation
8. Architectural Barriers
9. Non participation in Political Activities
10. Nonsubstitution for Local Funding
11 . Public Information
12. Uniform Administrative Requirements and Cost Principles
13. Certification Regarding Lobbying
14. Certification Regarding Use of Excessive Force
15. Eligibility Restrictions for Certain Resident Aliens
Part III. EVALUATION AND RECORD KEEPING
1 . Evaluation
2. Audits and Inspections
3. Records
4. Retention of Records
5. Access To Records
City Infrastructure 6-2012
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PART IV SPECIAL CONDITIONS
PART V. EXHIBITS
A. Project Description, Scope of Activities and Anticipated
Accomplishments
B. Authorized Signature Card
C. Budget Summary
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PART I. GENERAL CONDITIONS
1 . SCOPE OF AGREEMENT AND APPLICABILITY TO TERMS AND CONDITIONS
OF THIS AGREEMENT
A. This Agreement shall consist of the signature page, the general and special
conditions; the federal, state and local program requirements; the evaluation
and record keeping requirements; each and every project exhibit incorporated
in the Agreement; all matters and laws incorporated by reference herein; and
any written amendments made according to the general conditions. This
Agreement supersedes any and all former agreements applicable to projects
which are the subject of this Agreement.
B. Depending upon the specific nature of the project, services or purposes for
which Block Grant funds are being provided pursuant to this Agreement,
certain terms and conditions contained herein may be made inapplicable by
their express citation in Part IV, Special Conditions. Except as so expressly
excluded, all terms and conditions contained herein have full application, force
and effect.
2. SCOPE OF WORK
A. The City shall perform and carry out in a satisfactory and proper manner the
project or services set forth in Exhibit A attached hereto which specifies work
to be performed. The Agreement may be amended from time to time in
accordance with the general conditions for the purpose of amending the
scope of work or for any other lawful purpose.
B. Any conflict or dispute that may arise with regard to any aspect of CDBG
activities for the project shall be resolved by the County's interpretation of the
specifications contained in the original project proposal, the current Program
Policies, and the County's Office of Community Development CDBG
Procedures Manual. Any such determination made by the County shall be
final.
3. COMMENCEMENT AND TERMINATION OF PROJECTS
A. Upon release of project-related funds by HUD pursuant to 24 CFR Part 58
Subpart H, the County shall furnish the City with written notice to proceed. No
work on the prosect shall occur prior to the receipt of written notice to proceed
from the County.
B. All project funds shall be obligated and expended within the Project Year
unless the County and the City agree to an amendment extending project
activities beyond the Project Year. For the purposes of this Agreement,
City Infrastructure 6-2012
Page 6 of 28
"Project Year" shall mean the period from July 1, 2014 through June 30,
2015.
C. Any property acquired or improved in whole or in part with CDBG funds in
excess of $25,000 shall be used to meet one of the national objectives set
forth in 24 CFR 570.208 for a period of five (5) years or until June 30, 2020
unless otherwise modified in writing by the parties to this Agreement.
4. ADMINISTRATION
A. The Agency shall comply with all applicable uniform administrative requirements
as described in 24 CFR 570.502.
B. The City shall appoint a liaison person who shall be responsible for overall
administration of Block Grant funded project(s) and coordination with the
County's Office of Community Development. The name of the liaison person
shall be specified in writing and submitted to the County's Office of
Community Development. The City shall also designate one or more
representatives who shall be authorized by the City to sign the Voucher
Request and any other forms which may be required. The names of these
representatives shall be specified in Exhibit B.
C. This Agreement is subject to and supplemental to the Agreement of
Intergovernmental Cooperation entered into between the County and
participating municipalities.
5. OPERATING BUDGET
A. The City shall expend the funds received from the County under this
Agreement in accordance with the budget summary submitted by the City to,
and approved by, the County. Such budget summary is attached to this
Agreement as Exhibit C. No line item expense in the approved budget shall
be changed without a budget revision approved by the County's Office of
Community Development. The budget revision shall specifically state the
reasons for the requested increase and a justification for the corresponding
decrease in another line item. Budget revision(s) must be approved by OCD
before any costs are incurred by the City.
B. The difference between the approved budget amount on a budget line item
and a lower or higher bid or quote, in any line item, shall be reported to the
County. Excess funds generated by a lower bid or quote shall be considered
surplus. The City may submit a budget revision requesting the use of any
such surplus, which shall be approved or denied at the discretion of the OCD.
City Infrastructure 6-2012
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C. Matching funds identified in Exhibit C shall mean all funds from non-CDBG
sources, including in-kind contributions of staff and materials, other grant
sources, charitable contributions, volunteer labor, donated materials and
services, and similar items of value to the project. Matching funds shall be
used for project purposes, and shall be included within the scope of Audits
and Inspections conducted under Part III, Section 2 of this Agreement.
Increases in matching funds shall be reported to County and the Operating
Budget shall be revised accordingly by the OCD.
D. No later than 90 days from the date the County approves the proposed list of
activities, which includes this project, the City shall submit to the County's
Office of Community Development written evidence that substantiates the
matching funds pledged by the City are available. The availability of pledged
funds means all approvals, guarantees, or third party commitments from
subrecipients or cosponsors, have been received and will enable the City to
officially obligate those matching funds. In the event the City fails to submit
such evidence or the evidence is deemed by the County to be unacceptable,
the County may exercise its termination options under Part I Section 14 of this
Agreement.
6. COMPENSATION AND METHOD OF PAYMENT
A. Subject to the availability of funds from HUD, the County shall reimburse the
City for the services specified in Exhibit A. Reimbursement shall be requested by
the City by submitting a Community Development Voucher Request (OCD Form 2)
and a Program Accomplishments reporting form (OCD Form 3); the forms are to be
signed by the City's authorized representatives in a manner prescribed by the
County.
B. The County will make payment to the City within two (2) weeks or as soon as
practicable after said invoice is received and approved by the Washington County
Office of Community Development.
7. REVERSION OF ASSETS AND INTERESTS IN PROPERTY; PROGRAM
INCOME
A. Reversion of Assets - In accordance with HUD Regulation 24 CFR,
570.503(b)(7), upon expiration or termination of this agreement the City shall
transfer to the County any CDBG funds on hand at the time of expiration or
termination and any accounts receivable attributable to the use of CDBG funds.
B. Real Property - Real property under the City's control that was acquired or
improved in whole or in part in excess of $25,000 will be used to (1) meet its
original national objective for the time period specified in Part I Section 3.0 of this
agreement; or (2) disposed of in a manner that results in reimbursement to the
City Infrastructure 6-2012
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County in the amount equal to the current fair market value less any portions
attributable to expenditure of non-CDBG funds for acquisition of, or improvement to,
the property.
C. Personal Property - Any personal property on hand at the time of the
expiration of the project year of this Agreement shall be disposed of in accordance
with 24 CFR 85.32.
D. Program Income
(1) The City shall record the receipt and expenditure of program income as
defined in 24 CFR 570.500(a) of the financial transactions of the project(s)
funded under this Agreement. Program income shall be reported with
each voucher request and substantially disbursed for the benefit of the
specific project(s) funded by this Agreement in accordance with the
principles of 24 CFR 570.504 (b)(2)(i) and (ii).
(2) The City may retain program income for the benefit of the specific projects
funded by this Agreement, provided it is used in accordance with
regulations in 24 CFR 570.504, the provisions of this Agreement, and
pursuant to adopted local CDBG program policies. Program income which
is not used to continue or benefit such project(s) shall revert back to the
Block Grant Fund for reallocation by the County. The County shall
determine whether income is being used to continue or benefit a project or
projects authorized by this Agreement.
(3) Program income on hand when the Agreement expires and received after
the Agreement's expiration must be used by the City to meet its original
national objective for the time period specified in Part I Section 3.C. of this
Agreement. The County may transfer the program income to the City, upon
its termination of urban county participation provided the City has become
an entitlement grantee and agrees to use the program income in its own
CDBG entitlement program.
8. FUNDING ALTERNATIVES AND FUTURE SUPPORT
A. The County makes no commitment to future support and assumes no
obligation for future support of the activities contracted for herein, except as
expressly set forth in this Agreement.
B. Should anticipated sources of revenue not become available to the County
for use in the Community Development Program, the County shall
immediately notify the City in writing, and the County will be released from all
City Infrastructure 6-2012
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contracted liability for any portion of the Agreement covered by funds not
received by the County.
9. AMENDMENTS
This Agreement shall be modified by the parties only upon written amendment
signed by each of the parties.
10. ASSIGNMENT AND SUBCONTRACTING
A. The City shall not enter into any contracts assigning any interest under this
Agreement without the written approval of the County. Such consent shall
be requested 15 days prior to the date of any proposed assignment.
B. The County shall assume no liability for acts and omissions of contractors
or subcontractors employed or hired by the City.
11 . INSURANCE
A. Subject to the limitations of liability for public bodies set forth in the Oregon
Tort Claims Act, ORS 30.260 to 30.300, and the Oregon Constitution, each
party agrees to hold harmless, defend, and indemnify each other, including
its officers, agents, and employees, against all claims, demands, actions
and suits (including all attorney fees and costs) arising from the
indemnitor's performance of this Agreement where the loss of the claim is
attributable to the negligent acts or omissions of that party.
B. Each party shall give the other immediate written notice of any action or suit
filed or any claim made against that party that may result in litigation in any
way related to this Agreement.
C. Each party agrees to maintain insurance levels or self-insurance in
accordance with ORS 30.282, for the duration of this Agreement at levels
necessary to protect against public body liability as specified in ORS 30.269
through 30.274.
D. The County, in its sole discretion, may modify or waive any of the above
required insurance coverage upon written approval of the COUNTY'S Risk
Manager. Any such waiver or modification shall be set forth in Attachment
D.
12. HOLD HARMLESS AND INDEMNIFICATION
The City agrees to defend, save, hold harmless and indemnify the County, its
officers, employees and agents from and against any and all claims, damages,
City Infrastructure 6-2012
Page 10 of 28
losses and expenses, including but not limited to reasonable attorney's fees,
arising out of or resulting from City's own negligence, performance of or failure to
perform the obligations of this Agreement and any agreement resulting from this
Agreement.
13. CONFLICT OF INTEREST
A. General — In the procurement of supplies, equipment, construction and
services by City, the conflict of interest provisions in 24 CFR 85.36 and
84.42, respectively shall apply. In all cases not governed by 24 CFR 85.36
and 84.42, the provisions of 24 CFR 570.611 shall apply.
B. Interest of Officers, Employees, or Agents - No officer, employee, or agent
of the County or City who exercises any functions or responsibilities in
connection with the planning and carrying out of the Block Grant Program,
or any other person who exercises any functions or responsibilities in
connection with the Program, shall have any personal financial interest,
direct or indirect, in this Agreement and the County and City shall take
appropriate steps to assure compliance.
C. Interest of Subcontractor and Their Employees - The City agrees that it will
incorporate into every subcontract required to be in writing and made
pursuant to this Agreement the following provision:
"The Contractor covenants that no person who presently exercises
any functions or responsibilities in connection with the Block Grant
Program, has any personal financial interest, direct or indirect, in
this Agreement. The Contractor further covenants that he
presently has no interest and shall not acquire any interest, direct
or indirect, which would conflict in any manner or degree with the
performance of his services hereunder. The Contractor further
covenants that in the performance of this Agreement no person
having any conflicting interest shall be employed. Any interest on
the part of the Contractor or his employees must be disclosed to
the City and Washington County."
14. DEFAULT
A. Each of the following events shall constitute a default on the part of the
City:
(1) Material noncompliance with the terms of this Agreement, the
Award, or any and all applicable state or federal laws and
regulations;
City Infrastructure 6-2012
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(2) Mismanagement or improper use of Award funds;
(3) Failure to obligate required funds or to provide work or services
required by this Agreement;
(4) Failure to submit reports, supplying incomplete or inaccurate reports
required by Part III herein.
B. Each of the following events shall constitute a default on the part of the
County:
(1) Material noncompliance with the terms of this Agreement, the
Award, any and all applicable state and federal laws and regulations,-
(2)
egulations;(2) Failure to provide funding for projects or services rendered as
required by this Agreement.
15. ENFORCEMENT
A. In the event the City is found in default under the terms of this Agreement
the County may:
(1 ) Withhold any or all of any pending or future payments until the
default is cured;
(2) Terminate or suspend all or part of this Agreement or Award herein
in accordance with 24 CFR 85.431-
(3)
5.43;(3) Prohibit the City from incurring additional obligations of funds until
the County notifies the City in writing that the default is cured;
(4) Disallow or deny both the use of funds and matching credit of the
activity or action not in compliance;
(5) Take any and all other legal or equitable remedies available.
B. Any costs attributed to the program which were lawfully incurred prior to
any suspension or termination will be considered properly incurred. Any
costs attributed to the program during or after any suspension or
termination are specifically not allowed without express written consent by
the County.
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16. APPEAL
In the event the County takes an action to enforce the terms of this Agreement,
the Award or to enforce compliance with applicable state and federal law, the City
may appeal such action in the manner provided in this section as follows:
(1 ) The County shall provide the City with written notice of the default and the
right to cure, if any;
(2) The City may pursue an informal appeal by contacting the Manager of the
Office of Community Development.
(3) The City may appeal the informal decision of the Manager by submitting a
written objection of the enforcement action directly to the Community
Development Policy Advisory Board (PAB).
(a) The PAB may consider oral argument, written testimony and any
other such evidence it considers relevant to a determination.
(b) The PAB shall consider all information and reach a determination
based upon the record submitted and prepare a written finding.
(c) The PAB, in its discretion may hold a formal hearing. The City shall
have the opportunity to provide oral testimony if a hearing is
conducted by the PAB. If a formal hearing is not held, the City shall
have the opportunity to submit written objections, arguments and
other material relevant to its position to the PAB.
(d) The findings of the PAB are final and no further appeal is allowed.
17. TERMINATION
A. This Agreement shall terminate upon any of the following events:
(1) Termination following default as defined previously;
(2) The failure by the County to provide funding for services rendered as
required by this Agreement;
(3) The unavailability of Block Grant funds from either the federal
government or through the County.
(4) Termination for convenience by either party pursuant to 24 CFR
85.44.
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B. This Agreement will terminate upon thirty (30) days written notice by the
County in the event funding is no longer available.
C. Upon termination of this Agreement, any unexpended balance of Agreement
funds shall remain with the County. The regulations relating to
reimbursement of Block Grant funds shall be applicable to the City for
expended funds in accordance with HUD Regulation 24 CFR, 570.503(b)(7)
and Part I, Section 7 herein.
D. The City shall reimburse the County for any and all funds expended in
violation of the terms of this Agreement, state or federal law.
18. PROHIBITION ON THE USE OF DEBARRED CONTRACTORS
CDBG funds shall not be used directly or indirectly to employ, award contracts to, or
otherwise engage the services of, or fund any contractor or subrecipient during any
period of debarment, suspension, or placement in ineligibility status under the
provisions of 24 CFR Part 5. The City shall not make any award at any tier to any party
which is debarred, suspended or excluded from participation in federal assistance
programs under Executive Order 12549, "Debarment and Suspension."
19. APPLICABLE LAW, VENUE, ATTORNEY FEES AND COSTS
This Agreement shall be governed by the laws of the State of Oregon and federal law.
Any action or suit commenced in connection with this Agreement shall be in the Circuit
Court of Washington County. The prevailing party, either in Circuit Court or on appeal,
shall be entitled to reasonable attorney fees and costs and disbursements as awarded
by the Court.
20. EXTENSIONS
If, in the determination of the Office of Community Development (OCD), a time
extension is necessary or appropriate, an extension of the term of this Agreement for
an additional period may be granted to the City by the County's Office of Community
Development provided the City requests such an extension, in writing, at least four (4)
weeks prior to the last expiration date contained in this Agreement. Additional
extension(s) may be granted by the OCD Program Manager in case of extenuating
circumstances.
21 . SURVIVAL
The terms, conditions, representations, obligations and warranties set forth in this
Agreement shall survive the termination or expiration of this Agreement.
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PART II. FEDERAL, STATE AND LOCAL PROGRAM REQUIREMENTS
1 . UNIFORM ADMINISTRATIVE REQUIREMENTS
A. The City shall comply with all applicable uniform administrative
requirements, as described in 24 CFR 570.502
2. PROCUREMENT STANDARDS
A. In awarding contracts pursuant to this Agreement, the City shall comply with
all applicable requirements of local and state law for awarding contracts,
including but not limited to procedures for competitive bidding, contractor's
bonds, and retained percentages. In addition, the City shall comply with the
requirements of the 24 CFR Part 85.36 relating to bonding, insurance and
procurement standards; and with Executive Order 11246 and the regulations
issued pursuant thereto (41 CFR Chapter 60) regarding nondiscrimination
bid conditions for projects over $25,000.
B. The City agrees to submit copies of all contracts, agreements, plans,
specifications and change orders related to the project to the County's Office
of Community Development in a timely manner. No plan specification or
change order shall be used or implemented if it increases the total project
cost without approval from the Office of Community Development.
C. The City shall make available to each contractor bidding on any activity
under this Agreement a listing of minority business enterprises (MBEs).
3. ENVIRONMENTAL REVIEW
A. The County retains environmental review responsibility for purposes of
fulfilling requirements of the National Environmental Policy Act as
implemented by HUD Environmental Review Procedures (24 CFR Part 58).
The County shall require the City to furnish data, information and assistance
for the County's review and assessment in fulfillment of the County's
responsibilities under 24 CFR, Part 58.
B. The City shall not proceed with the acquisition of real property, any
construction activities, or commit any other choice limiting action under this
Agreement until there is satisfaction of all applicable requirements of the
National Environmental Policy Act.
C. Other Environmental Compliance Requirements:
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(1 ) Historic Preservation. The City shall meet the historic preservation
requirements of the National Historic Preservation Act of 1966 (Public
Law 89-665) and the Archeological and Historic Preservation Act of
1974 (Public Law 93-291) and Executive Order 11593, including the
procedures prescribed by the Advisory Council on Historic
Preservation in the regulations at 36 CFR Part 800. Activities
affecting property listed in or found to be eligible for inclusion in the
National Register of Historic Places will be subject to requirements set
forth in HUD Environmental Review Procedures at 24 CFR Part 58.
(2) National Flood Insurance. The City shall not receive Community
Development Block Grant funding for acquisition or construction for
use in any area that has been identified as having special flood
hazards and is not participating in the National Flood Insurance
Program, as provided by Section 3(a) and 202 (a) of the Flood
Disaster Protection Act of 1973 (42 USC 400(a) and 4106) and the
regulations thereunder (44 CFR Chapter 1, Subchapter B, and 24
CFR, Section 570.605.
(3) Air and Water Pollution. The City shall comply with the provisions of
the Clean Air Act, as amended (42 USC Section [1857] 7401 et seq.)
and the regulations issued thereunder (40 CFR Part 15) and the
Water Pollution Act, 33 U.S.C. 1251 et. seq.
(4) Lead-Based Paint Poisoning. Pursuant to 24 CFR, 570.608 the City
shall comply with the HUD Lead-Based Paint Regulations (24 CFR Part
35, subparts A,B,J,K, and R) issued pursuant to the Lead-Based Paint
Poisoning Prevention Act, as amended, (42 USC Section 4821-4846)
and the Residential Lead-Based Paint Hazard Reduction Act of 1992
(42 U.S.C. 4851-4856) requiring prohibition of the use of lead-based
paint whenever funds under this Agreement are used directly or
indirectly for acquisition, construction, rehabilitation, or modernization;
elimination of immediate lead-based paint hazards in residential
structures; and notification of the hazards in residential structures; and
notification of the hazards of lead-based paint poisoning to purchasers
and tenants of residential structures constructed prior to 1978.
(5) Endangered Species Act. The City shall comply with the provisions of
the Endangered Species Act of 1973, as amended (16 USC Section
1531 et seq.), particularly Section 7 of the regulations thereunder (50
CFR Part 402).
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4. NONDISCRIMINATION
A. General. The City shall comply with all federal, state and local laws
prohibiting discrimination on the basis of race, color, national origin, religion,
gender, familial status, age or disability. These requirements are specified in
Section 109 of the Housing and Community Development Act of 1974 "as
amended"; Civil Rights Act of 1964, Title VI (42 USC 2000d et seq.) and
implementing regulations at 24 CFR 1 ; Civil Rights Act of 1968, Title VIII (42
USC 3601 et seq.); Executive Order 11063, as amended by Executive Order
12259; Executive Order 11246 and the regulations issued pursuant thereto
(41 CFR Chapter 60); Section 3 of the Housing and Urban Development Act
of 1968 (12 USC 1701 u); and Section 504 of the Rehabilitation Act of 1973,
(29 USC 794); Americans With Disabilities Act (ADA) (42 USC 12101); and
the Age Discrimination Act of 1975 (42 USC 6101 et seq.). Specifically, the
City is prohibited from taking any discriminatory actions defined in the HUD
regulations at 24 CFR 570.602 and 24 CFR Part 6 and shall take such
affirmative and corrective actions as required by the regulations at 24 CFR
Part 6. These requirements are summarized in the following paragraphs:
(1 ) Program Benefit. The City shall not discriminate against any resident of the
project service area by denying benefit from or participation in any Block
Grant funded activity on the basis of race, color, national origin, religion,
gender, familial status, age or disability. (Civil Rights Act of 1964, Title VI;
Civil Rights Act of 1968, Title VIII; Section 109, Housing and Community
Development Act of 1974; Age Discrimination Act 1975; Americans With
Disabilities Act (ADA) (42 USC 12101); Section 504, Rehabilitation Act of
1973.)
(2) Fair Housing. The City shall take necessary and appropriate actions to
prevent discrimination in federally assisted housing and lending practices
related to loans insured or guaranteed by the Federal Government. The City
shall comply with the Civil Rights Act of 1964 (42 USC 2000(d) et. seq. and
implementing regulations in 24 CFR part 1, and the Fair Housing Act 42 USC
3601 — 3620) Executive Order 11063, as amended by Executive Order
12259 and implementing regulations in 24 CFR part 107.
(3) Employment.
(a) In all solicitations under this Agreement the City shall state that all
qualified applicants will be considered for employment. The words,
"Equal Opportunity Employer" in all advertisements shall constitute
compliance with this Section.
(b) The City shall not discriminate against any employee or applicant for
employment in connection with the Agreement because of, race,
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color, national origin, religion, gender, familial status, age or disability
except when there is a bona fide occupational limitation. The City
shall not refuse to hire, employ or promote, or bar, discharge, dismiss,
reduce in compensation, suspend, demote, or discriminate in work
activities, terms or conditions because an individual has a physical or
mental disability in any employment in connection with this Agreement
unless it can be shown that the particular disability prevents the
performance of the work involved. 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. The City shall comply with Executive Order 11246 as
amended by Executive Orders 11375,11478,12086, and 12107(Equal
Employment Opportunity); Executive Order 13279 (Equal Protection
of the Laws for Faith-Based and Community Organizations) and the
implementing regulations at 41 CFR chapter 60; and Section 504 of
the Rehabilitation Act of 1973; Americans With Disabilities Act (ADA)
(42 USC 12101); and the Age Discrimination Act of 1975.)
(c) This Agreement is subject to the requirements of Section 3 of the
Housing and Urban Development Act of 1968 (12 USC 1701u), as
amended, the HUD regulations issued pursuant thereto at 24 CFR
Part 135, and any applicable rules and orders of HUD issued
thereunder prior to the HUD authorization of the funding approval.
(4) Persons With Disabilities. As required by 24 CFR, Part 8.51 the City shall
conduct a self-evaluation and take corrective action to ensure reasonable
accommodation in programs and services to persons with disabilities. The
City shall provide County with a completed self- evaluation checklist, in the
form set forth in County's CDBG Procedures Manual.
(5) Contractors and Suppliers
(a) No contractor, subcontractor, union or vendor engaged in any activity
under this Agreement shall discriminate in the sale of materials,
equipment or labor on the basis of race, color, national origin, religion,
gender, familial status, age or disability.. No contractor,
subcontractor, union or vendor engaged in any activity under this
Agreement shall refuse to hire, employ or promote, or bar, discharge,
dismiss, reduce in compensation, suspend, demote or discriminate in
work activities, terms or conditions because an individual has a
physical or mental disability in any employment in connection with this
Agreement unless it can be shown that the particular disability
prevents the performance of the work involved. Such practices
include upgrading, demotion, recruiting, transfer, layoff, termination,
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pay rate, and advertisement for employment. (Executive Order 11246
as amended; and Section 504 of the Rehabilitation Act of 1973; and
the Age Discrimination Act of 1975.)
(b) To the greatest extent feasible, the City shall purchase supplies and
services for activities under this Agreement from vendors and
contractors whose businesses are located in the area served by the
Block Grant funded activities or owned in substantial part by project
area residents. (Section 3, Housing and Community Development Act
of 1968, as amended.)
B. In the event of noncompliance by the City with any nondiscrimination
provisions of this Agreement, the County shall have the right in whole or in
part to terminate this Agreement in accordance with Part I, Section 15.
5. PROPERTY MANAGEMENT
The City, as a subgrantee, agrees that any property, equipment, or supplies
purchased wholly or in part with program funds shall be managed under the same
guidelines applicable to the County, pursuant to 24 CFR Part 85.
6. LABOR STANDARDS
A. The City shall require that project construction and subcontractors pay their
laborers and mechanics at wage rates in accordance with the Davis-Bacon
Act, as amended (40 USC sections 276(a)-276(x)(5), and that they comply
with the Copeland "Anti-Kickback" Act, as amended (40 U.S.C. 276(c) and the
Contract Work Hours and Safety Standards Act (40 U.S.C. 327 et seq.) as
further prescribed at 29 CFR Parts 1 , 3, 5, 6 and 7; provided that this section
shall not apply to rehabilitation of residential property designed for residential
use by less than eight units.
B. A copy of the current Davis-Bacon wages must be included in all construction
bid specifications and/or contracts over $2,000.
C. If the Project constitutes a public work as defined in ORS 279C.840, unless the
Project is otherwise exempt, City shall require and ensure that all of its
agreements with and between contractors and subcontractors contain
provisions:
(a) requiring compliance with ORS 279C.840;
(b) stating the existing state prevailing wage rate and, if applicable, the
federal prevailing rate of wage required under the Davis bacon Act (40 U.S.C.
276a) that may be paid to workers in each trade or occupation required for public
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works employed in the performance of the contract either by the contractor or
subcontractor or other person doing or contracting to do the whole or any part of
the work contemplated by the contract;
(c) requiring that workers not be paid less than the specified minimum hourly
rate of wage in accordance with ORS 279C.8381-
(d)
79C.838;(d) stating that a fee is required to be paid to the Commissioner of the Bureau
of Labor and Industries as provided under ORS 279C.825 pursuant to the
administrative rule of the commissioner; and
(e) requiring the contractor and every subcontractor to have a public works
bond filed with the Construction Contractors Board before starting work on the
project unless exempt under ORS 279C.836(7) or (8).
7. ACQUISITION AND RELOCATION
A. Any acquisition of real property by a unit of government for any activity
assisted under this Agreement shall comply with the Federal Uniform
Relocation Assistance and Real Property Acquisition Policies Act of 1970
amended as Title IV of the Surface Transportation and Uniform Relocation
Assistance Act of 1987 (hereinafter referred to as the Uniform Relocation Act)
(42 USC 4601 et seq.) and the Regulations at 24 CFR Part 42 as amended
effective April 2, 1987.
B. Any displacement of persons, business, nonprofit organizations or farms as a
result of acquisition of real property assisted under this Agreement shall
comply with Title II of the Uniform Act and the regulations at 24 CFR Part 42.
The City shall comply with the regulations pertaining to relocation at 24 CFR
Section 570.606 and the Washington County CDBG Program Policies.
8. ARCHITECTURAL BARRIERS
Any building or facility designed constructed or altered with CDBG funds, and that
meets the definition of a "residential structure" as defined in 24 CFR 40.2 or the
definition of a "building" as defined in 41 CFR 101-19.602(a), shall comply with the
requirements of the Architectural Barriers Act of 1968 (42 U.S.C. 4151-4157) and
shall comply with the Uniform Federal Accessibility Standards (appendix A to 24
CFR part 40 for residential structures, and appendix A to 41 CFR part 101-19,
subpart 101 .19.6, for general type buildings, and the provisions of the Americans
with Disabilities Act (42 U.S.C. 12131; 47 U.S.C. 155, 201 , 218 and 225) (ADA).
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9. NONPARTICIPATION IN POLITICAL ACTIVITIES
The City shall comply with the provisions of the Hatch Act (5 USC Chapter 15).
10. NONSUBSTITUTION FOR LOCAL FUNDING
The Block Grant funding made available under this Agreement shall not be utilized
by the City to reduce substantially the amount of local financial support for
community development activities below the level of such support prior to the
availability of funds under this Agreement.
11 . PUBLIC INFORMATION
All written materials (reports, brochures, promotional or informational items), news
releases, and other public notices produced by or for the City shall acknowledge the
source of funding as being derived from the Department of Housing and Urban
Development and provided through the Washington County Community
Development Block Grant Program.
12. UNIFORM ADMINISTRATIVE REQUIREMENTS AND COST PRINCIPLES
To the extent applicable to the City's acceptance and use of funds under this
Agreement, the City shall comply with the policies, guidelines and Uniform
Administrative Requirements of OMB Circulars A-87, a-110 (Implemented at 24
CFR part 84), A-122, A-133 (Implemented at 24 CFR part 45), and A-128
(Implemented at 24 CFR part 44). The applicable sections of 24 CFR Parts 84 and
85 are set forth at 24 CFR 570.502.
13. CERTIFICATION REGARDING LOBBYING
The City certifies, by affixing its authorized signature(s) to this agreement that, to
the best of the City's knowledge and belief:
A. No Federal appropriated funds have been paid or will be paid, by or on
behalf of the City, to any person for influencing or attempting to influence an
officer or employee of any agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in
connection with the entering into this cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of this
cooperative agreement.
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B. If any funds other than Federally appropriated funds have been paid or will
be paid to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with this
cooperative agreement, the undersigned shall complete and submit
Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance
with its instructions. (Available through the Office of Community
Development.)
C. The City shall require that the language of this certification be included in the
award documents for all subawards at all tiers (including subcontracts,
subgrants, and contracts under grants, loans, and cooperative agreements)
and that all subrecipients shall certify and disclose accordingly.
14. CERTIFICATION REGARDING USE OF EXCESSIVE FORCE
The City in accordance with Section 519 of Public Law 101-144, 1990 HUD
Appropriations Act, certifies by affixing its authorized signature(s) to this agreement
that the City will not use excessive force by law enforcement agencies within its
jurisdiction against any individuals engaged in nonviolent civil rights
demonstrations.
15. ELIGIBILITY RESTRICTIONS FOR CERTAIN RESIDENT ALIENS
The City shall comply with the provisions in 24 CFR 570.613 pertaining to he
eligibility restrictions for certain newly legalized aliens described in 24 CFR part 49.
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PART III. EVALUATION AND RECORD KEEPING
1 . EVALUATION
The City agrees to participate with the County in any evaluation project or
performance report, as designed by the County or the appropriate federal agency,
and to make available all information required by any such evaluation process.
2. AUDITS AND INSPECTIONS
A. The records and documents with respect to all matters covered by this
Agreement shall be subject at all times to inspection, review or audit by the
County, federal or state officials so authorized by law during the performance of
this Agreement and during the period of records retention specified in this Part III
at paragraph 4.
B. The City shall be responsible for meeting the audit requirements established
in the U.S. Office of Management and Budget Circular A-133. Upon request of
the County's Office of Community Development, the City shall be required to
provide audit information relative to any project or activity funded under the terms
of this Agreement.
3. RECORDS
In the event the City sponsors multiple projects, each project shall be maintained
under a separate file system and kept in a manner recommended by the County.
As required by HUD regulations, the City shall compile and maintain records as
indicated:
A. Financial Management - Such records shall identify adequately the source and
application of funds for activities within this Agreement in accordance with the
provisions of 24 CFR Part 85.20. These records shall contain information
pertaining to grant awards and authorizations, obligations, unobligated balances,
assets, liabilities, outlays, and income.
B. Citizen Participation - Narrative and other documentation describing the
process used to inform citizens concerning the amount of funds available, the
ranges of project activities undertaken, and opportunities to participate in funded
Block Grant projects.
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C. Relocation - City recordkeeping must comply with the Uniform Act
implementing regulations at 24 CFR Part 42. Indication of the overall status of the
relocation workload and separate relocation record for each person, business,
organization, and farm operation displaced or in the relocation workload must be
kept.
D. Real Property Acquisition
1 . If the City acquires real property by exercising its power of eminent domain,
City acquisition files must contain the following records:
(a) Identification of property and property owners.
(b) Official Determination to Acquire - A citation of the action that constitutes
the official determination to acquire, the date of the action, and the
applicable CDBG project number.
(c) Notice of Intent to Acquire the Property - A copy of the notice (including
owner's rights), citation of the date of transmittal to owner, and evidence of
receipt by the owner. If tenants are involved, then a general notice must
also be issued to all affected tenants.
(d) Preliminary Acquisition Notice - A citation of the date of transmittal to the
owner and evidence of receipt by owner.
(e) Invitation to Accompany Appraiser - Evidence that owner was invited to
accompany each appraiser on his inspection of the property.
(f) Appraisal Reports - A copy of each appraisal report, including reviewer's
report, on which determination of just compensation was based.
(g) Determination of Just Compensation - A copy of the resolution, certification,
motion or other document constituting the determination of just
compensation.
(h) Purchase Offer - A copy of written purchase offer of just compensation,
including all basic terms and conditions of such offer, and a citation of the
date of delivery to the owner. This date is the initiation of negotiations and
triggers the relocation requirement of making a "Notice of Displacement".
(i) Statement of the Basis for the Determination of Just Compensation - A
copy of the statement and an indication that it was delivered to the owner
with written purchase offer.
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(j) Purchase Agreement, copy of recorded Deed, Declaration of Taking, Title
Report, Title exceptions - A copy of each such document and any similar or
related document utilized in conveyance.
(k) Settlement Cost Reporting Statement - A signed copy of the statement.
(1) Purchase Price Receipt - Evidence of owner receipt of purchase price
payment.
(m) Copy of any appeal or complaint and City response.
2. If the City opts not to exercise its power of eminent domain and acquires real
property through voluntary acquisition, City acquisition files must contain the
following records:
(a) Identification of property and property owners.
(b) Letter sent to Seller (prior to City making an offer on the property)
which states:
1 . Federal CDBG funds may be used on this project.
2. The Buyer has the power of eminent domain but will not use its
power of eminent domain to purchase the property.
3. Seller is not eligible for benefits under the URA under this type of
voluntary acquisition.
4. The current appraised value of the property, or other indication of
fair market value approved in advance by the County.
The seller must sign, date, and return the letter, thus documenting
receipt.
(c) Appraisal Reports - A copy of each appraisal report, including
reviewer's report, on which determination of just compensation was
based.
(d) Purchase Agreement, copy of recorded Deed, Declaration of Taking,
Title Report, Title exceptions - A copy of each such document and
any similar or related document utilized in conveyance.
(e) Purchase of Price Receipt - Evidence of owner receipt of purchase
price payment.
(f) Either:
1. Documentation that no tenants were affected by the sale; or
2. Copy of General Information Notices sent to tenants and
evidence of delivery of said notices.
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(g) Evidence that the property is not part of a designated project area
where substantially all the properties in the area will be purchased within a
specified timeframe. The documentation must also show that the City does
not require a specific site for the program or activity; instead, the
documentation must show that the City is willing to consider alternative
sites.
E. Equal Opportunity - The City will maintain racial, ethnic, and gender data
showing the extent to which these categories of persons have participated in,
or benefitted from, the activities carried out under this Agreement. The City
shall also maintain data which records its affirmative action in equal
opportunity employment, and its good faith efforts to identify, train, and/or
hire lower-income residents of the project area and to utilize business
concerns which are located in or owned in substantial part by persons
residing in the area of the project.
F. Labor Standards - Records shall be maintained regarding compliance of all
contractors performing construction work under this Agreement with the
labor standards made applicable by 24 CFR Part 570.605.
G. Miscellaneous Records - The City shall maintain such other records as may
be required by the County and/or HUD.
4. RETENTION OF RECORDS
As required in 24 CFR 85.42, required records shall be retained for a period of four
(4) years following the date of the submission of the final grantee performance
report in which the activity is covered, except as follows:
A. Records that are the subject of audit findings shall be retained for four (4)
years or until such audit findings have been resolved, whichever is later.
B. Records for Real Property and Equipment shall be retained for four (4) years
after its final disposition. The retention period starts from the date of
disposition, replacement, or transfer at the direction of the County.
Equipment is defined in 24 CFR Part 85.32 and real property is defined in 24
CFR Part 570.505.
C. Records for any displaced person shall be retained for four (4) years after
such person has received final payment.
5. ACCESS TO RECORDS
As required in 24 CFR 85.42(e), for so long as records are retained by the Agency,
the County, The Comptroller General of the United States, or any of their
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authorized representatives shall have the right of access to any pertinent books,
documents, papers, or other records of Agency which are pertinent to this
Agreement in order to make audits, examinations, excerpts and transcripts.
PART IV. SPECIAL CONDITIONS
1 . The City shall execute this agreement no later than 30 days following the date of
the County's letter of transmittal.
2. The City shall make available to the County's Office of Community Development, a
draft copy of the Bid Specifications (including drawings, if applicable). At a
minimum, the draft specifications shall include: the date of bid solicitation; date of
bid opening or final date of phone solicitations, as applicable; proposed work
activities; and anticipated award date. In addition, the City will provide a written
construction cost estimate and a projected start of construction.
3. After the Pre-construction Conference, the City shall make available to the Office
of Community Development a copy of the following documents: Final Bid
Specifications (including drawings, if applicable); all signed contract documents
between the City and the Contractor; the City's Notice to Proceed; all required
bonds obtained by the contractor; and a projected schedule for each of the
activities.
4. In accordance with Part I, Paragraph 1 .B., the following covenants are deemed not
applicable and are expressly deleted:
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PART V. EXHIBITS
A. Project Description, Scope of Activities and Anticipated
Accomplishments
B. Authorized Signature Card
C. Budget Summary
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PROJECT DESCRIPTION, SCOPE OF ACTIVITIES
AND ANTICIPATED ACCOMPLISHMENTS
2014-2015 CDBG Program Year
I. Federal Award Information
A. Federal Award Number: B-14-UC-41-0002
B. CFDA #:14.218
C. Amount of Federal Funds: See III.E. below
The Federal Award Information shown above must be passed on to any subaward made under
this contract.
II. Washington County Project Number and Title:
CDBG Project #6110, City of Tigard, Sidewalk In-fill - N Dakota & 95th Ave
III. Description of: Project, Activities, Anticipated Accomplishments, Low and Moderate or
Other Target Group Beneficiaries.
A. Nature and Purpose of the Project:
The project will construct 800 feet of 'missing link' sidewalk along North Dakota St
and 95th Ave connecting a large neighborhood's pedestrian traffic to Greenburg
Rd. Most of the streets in this portion of the neighborhood have adequate
sidewalks; however, there are two key gaps at North Dakota St and 95th Ave's
intersection with Greenburg Rd. Both streets are the main ways into and out of
this neighborhood, yet they lack sidewalks right where pedestrian and traffic
volumes are highest. Because this is such an important neighborhood connection,
people need to walk along these streets to get to jobs, transit, school bus routes,
basic services, and the rest of the community. This means they have to risk
walking in the narrow travel lanes of a road used by over a thousand cars a day.
The hill on 95th Avenue creates an even more dangerous path for cars and
pedestrians to have to access in order to reach Greenburg Road.
B. Proposed Location or Impact Area(s):
North Dakota and 95th Avenue, Tigard
C. Duration/Timing of the Project:
July 1, 2014 - June 30, 2015
D. Number of Low and Moderate Income or Target Group Beneficiaries:
722 Low/Moderate income Individuals
EXHIBIT A
E. Component Activities (CDBG vs. Others):
CDBG = $200,000 Agency = $30,000
F. Quantitative Protections for CDBG Component Activities (in units, linear
feet, square feet, etc.) for all acquisitions, construction, reconstruction,
rehabilitation, etc.:
CDBG funds will be used for acquisition of adjacent land not currently in the public
right-of-way (as needed), professional services, and construction costs associated
with the project.
EXHIBIT A
Project No. 95045
Project Year Funded 2015
AUTHORIZATION SIGNATURE CARD
Project Name Sidewalk In-fill - N Dakota & 95th Avenue
Applicant's Name City of Tigard
Address 13125 SW Hall Blvd.
City, State, Zip Tigard, OR 97223
Telephone Number 503.718.2462
SIGNATURE OF INDIVIDUALS AUTHORIZED TO SIGN FINANCIAL DOCUMENTS:
Any TWO signatures required to sign any financial document
NAME SIGNATURE
Mike McCarthy 00
Mike Stone A1"—LI
Kim McMillian
Toby LaFrance
Marty Wine ,
I certify that the signatures above are of the individuals authorized to execute financial
documents.
41212dI
Date Signature of Authorized Official
(! (J-1,11 Mcg Aa I<,,
Title of Authorized O cial
EXHIBIT B
Project Number: 6110
Project Year(funded): 2014-15
Budget Summary (2 page form -see Excel tabs )
Project Title: Tigard Sidewalk Infill: North Dakota St and 95th Ave to Greenburg Rd
Legal Name of Entity: City of Tigard
Address: 13125 SW Hall Blvd City: Tigard State: OR Zip: 97223
I. BUDGET LINE ITEMS:
A. Personnel Services
1. No. of 4. Portion Chargeable
Employees 2. Job Title 3. Total Salary to CDBG
1 Senior Project Engineer $10,000.00
1 En ineering Technician 1 $10,000.00
1 Senior Engineering Technician $10,000.00
5. Subtotal $30,000.00
6. Extra Help/Overtime
7. Fringe Benefits
8. TOTAL PERSONNEL COSTS $30,000.00 S0.00
B. Materials and Supplies Portion Chargeable
Materials and Services to CDBG
9. Office Supplies
10. Operating Supplies
11. Communications
12. Travel and Training
13. Legal & Public Notices $2,000.00 $2,000.00
14. Professional Services $50,000.00 $50,000.00
15. Construction Contracts $115,000.00 $115,000.00
16. Other (specify): _Permits and Fees $3,000.00 $3,000.00
17. TOTAL MATERIALS AND SERVICES $170,000.00 $170,000.00
EXHIBIT C
Total Portion Chargeable to
C. CAPITAL OUTLAY Captital Outlay CDBG
18. Capital Outlay:
Quantity Item
19. Real Property Ac uistion $30,000.00 $30,000.00
20. TOTAL CAPITAL OUTLAY $30,000.00 $30,000.00
21. Total Project Cost 22. Total CDBG Award
$230,000.00 $200,000.00
II. SOURCES OF PROJECT FUNDING
1. Federal
2. State
3. Local Cash
4. Count
5. In-Kind Service and Supply $30,000.00
6. Other(specify):
7. Subtotal $30,000.00
8. Community Development Block Grant $200,000.00
9. TOTAL PROJECT COST $230,000.00
III. AUTHORIZATION
Date Authorized Signature for Project
Z—
Date ALihoieiisign'ature for Project
COUNTY USE ONLY
Reviewed and approved by Washington County Office of Community Development o
2` , 20-t by 1I vin-.e N .IFea c 01/-
Signa t
e
EXHIBIT C
WASHINGTON COUNTY
OREGON
December 1, 2014
RECEIVED
Marty Wine
City of Tigard DEC - 2014
13125 SW Hall Blvd City of Tigard
Tigard, OR 97223-8167 Administration
Subject: Notice to Proceed —CDBG Project: #6110, City of Tigard, Sidewalk In-fill -
N Dakota & 95th Ave
Dear Marty:
Enclosed is your original copy of the executed agreement between
Washington County Office of Community Development and the City of Tigard for
the above project. An environmental clearance has been completed and is on
file in this office. Accordingly, you may proceed to incur costs under this grant,
effective November 25, 2014. Please be advised that the CDBG program will
not be liable for any cost incurred prior to this date.
The CDBG Voucher Request form has been revised and is now available
in a Microsoft Excel version which was emailed to all CDBG recipients in July. Be
sure to contact Lauren Sechrist at 503-846-4436 if you have any questions
regarding this project.
Sincerely,,-
. V\ Y
Jen ie H. Proctor, Program Manager
Office of Community Development
Enclosures
C: Mike McCarthy
Office of Community Development
328 West Main Street, Suite 100, MS 7, Hillsboro, OR 97123-3967
phone: (503) 846-8814 • fax: (503) 846-2882