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HomeMy WebLinkAboutContracts & Agreements_13A-1966 4�6' OF Cps US DEPARTMENT OF COMMERCE ECONOMIC DEVELOPMENT ADMINISTRATION rPo WASHINGTON, D C 20230 jrAr[s co OFFICE OF THE ADMINISTRATOR In reply refer to e P o ct No. . 07-1-00183 ct I 0 1966 Mr R P. Merritt, Jr City Manager City of Redlands Redlands, California 92373 Dear Mr Merritt• l am pleased to enclose two executed and three conformed copies of an Offer of Grant in an amount not to exceed $410,000 issued pursuant to your application for Federal assistance to construct or equip a water filter plant and auxiliary equipment including necessary transmission lines In our review of the cost estimates in the line items, we have reduced your estimates for construction contingency by $9,500 to $27,800, and for capitalized interest by $9,900 to $5,100, and have increased your project contingency estimate by $834 to $16,500, so that our Offer of Grant is based on a total project cost estimate of $820,000. Your acceptance should be indicated by the signature of your princi- pal official on one of the copies of the Offer of Grant signed by me The accepted copy should be returned to the Office of Public Works, Economic Development Administration, U S Department of Commerce, Washington, D C 20230, You are cautioned not to make any commitments in reliance on this grant, nor to enter into negotiations relative hereto, until you have carefully reviewed the terms and conditions and have determined that you are in compliance or that you can comply therewith Any commit- ments or undertakings entered into prior to obtaining the approval of the Government in accordance with its terms and conditions will be at your own risk Sincerely, Administrator Enclosures E , sa`xs or". s U.S. DEPARTMENT OF COMMERCE �� rh e ECONOMIC DEVELOPMENT ADMINISTRATION 441'tiriso+P5'.4. WASHINGTON,D C 20230 Public Works and Development Facilities Project No. . 07-1-00183 Offer Date :OCT 10 1966 Offer No. OFFER OF GRANT Pursuant to its authority under the Public Works and Economic Development Act of 1965 (P L 89-136) and subject to the Special Conditions attached hereto and made a part hereof as "Exhibit A" and the Standard Terms and Conditions attached hereto and made a part hereof as "Exhibit B", the Economic Development Administration, U S Department of Commerce, herein- after referred to as the "Government" hereby offers to make a Grant not to exceed $ 410,000 to the City of Redlands, California hereinafter referred to as the "Grantee", in order to aid in the construction or equipping of public works or development facilities presently estimated to cost $820,000 and consisting of water filter plant, equipment and necessary transmission lines hereinafter collectively referred to as the "Project", provided that in no event shall this Grant exceed 50 per cent of the actual cost of the Project as determined by the Government. Upon acceptance, this Offer and the Acceptance, together with the Special Conditions and the Standard Terms and Conditions herein referred to, shall constitute the Grant Agreement, This Offer must be accepted and returned to the Economic Development Administration prior to NOV 1 0 1966 ECON MI' EVELOPMENT ADMINISTRATION By The above Offer of Grant is CITY OF REDLANDS hereby accepted. Date Nnvpmhpr 1 , 1966 Name of Grantee By �r iA gtA.A.Avi MAYOR WALDO F. BOU Title EXHIBIT "A" U. S. DEPARTMENT OF COMMERCE Economic Development Administration Public Works and Development Facilities Project No. . 07-1-00183 APPLICANT City of Redlands San Bernardino, California SPECIAL CONDITIONS NONE EXHIBIT "B" (Revised 6/6/66) U. S. DEPARTMENT OF COERCE Economic Development Administration Public Works and Development Facilities GRANTS Standard Terms and Conditions I The Government shall be under no obligation to advance funds unless the Grantee is in compliance with the following requirements: A The Grantee shall comply, and require each of its contractors and subcontractors employed in the completion of the project to comply with all applicable Federal and State or Territorial laws. In compliance with these laws, the Grantee agrees that, among other things, it will take all positive steps necessary to conform to the requirements of the following statutes and Executive Orders and the respective regulations issued thereunder: 1. The Davis-Bacon Act, as amended (40 USC 276a-276a-(7)); 2. The Contract Work Hours Standards Act (40 USC 327-332); 3. The Copeland "Anti-Kickback" Act (40 USC 276(c); 18 USC 874), and; 4. Title VI of the Civil Rights Act of 1964 (42 USC 2000d-2000d-4), and Executive Orders 11114 and 11246, and specifically to the following: The Grantee hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as defined in the rules and regulations of the President's Committee on Equal Opportunity, which is 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 Vil1 take affirma- tive action to ensure that applicants are employed, and that -2- 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: Employ- ment, 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 4 conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimina- tion clause. 0 "(2) The contractor will, in all solicitations or adver- tisements for employees placed by or on behalf of the con- tractor, 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 4 representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representatives of the contractor's commitments under Section 202 of Executive Order No. 11246 of Sept 24, 1965, and shall post copies of the notices 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 contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders 1 "(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 in accordance with procedures authorized i 1 -3- in Executive Order No. 11246 of Sept. 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 (I) 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 Sept 24, 1965, so that such 1 provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontractor or purchase order as the contracting agency 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 contracting agency, the contractor may request the United States to 1 enter Into such litigation to protect the interest of the United States." B If the Project includes sewer or other waste disposal facilities, no Government funds will be disbursed unless the Secretary of Health, Education, and Welfare issues a certificate as required by section 106 of the Public Works and Economic Development Act of 1965 (P.L. 89-136). C. When applicable, the Grantee shall file the certification and agreements required by section 711 of the Public Works and Economic Development Act of 1965 (P L 89-136) 1 D If compliance with any of the provisions of the Agreement would require the Grantee to violate any applicable Federal, State or Territorial law, the Grantee shall, as soon as possible, in writing notify the Government, so that appropriate modifications to the Agreement may be made to allow the Grantee to proceed as soon as possible with construction of the Project. II The Government shall have the right to cancel all or any part of its obligations hereunder if: 1 A. Any representation made by the Grantee to the Government in con- nection with the application for the Grant shall be incorrect or incomplete in any material respect 1 B. The Government determines that the Grantee has failed to proceed with reasonable diligence in the financing or construction of the 1 Project -4- C The scope or character of the Project is changed substantially so as to adversely affect the accomplishment of the Project as intended A. The Grantee has violated commitments made by it in its application and supporting documents E. Any official, employee, architect, attorney, engineer or inspector of or for the Grantee or any Federal, State or local official or representative, becomes directly or indirectly interested financially in the acquisition of any materials or equipment, or in any con- struction for the project, or in the furnishing of any services to or in connection with the project, or in any benefit arising there- from. III. Prior to any solicitation of bids for construction work or for material or equipment acquisition, the Grantee shall, in addition to any other steps required by this Agreement, obtain approval by the Government of (a) its final plans and specifications and (b) the bidding procedures for all construction work and for all material and equipment acquisi- tions IV. Prior to the commencement of construction the Grantee shall furnish evidence satisfactory to the Government that: A The Project costs are reasonable, B It has sufficient funds in addition to the funds provided by the Government to complete the Project, including possible overruns, and C It has obtained, or can obtain, all rights-of-way, permits, franchises and all Federal, State and local approvals necessary to the completion of the Project V. In addition to the other requirements of this Agreement, the Grantee agrees to follow the following procedures during construction: A. The Grantee shall perform all construction work and make all material and equipment acquisitions by contracts which have the prior approval of the Government, except as otherwise specifically authorized by the Government B. The Grantee shall require each contractor and subcontractor engaged in the performance of work on the Project to furnish a performance bond as security for the faithful execution of his contract in an amount equal to at least the total amount of his contract price -5- and such payment bond as may be required by Federal, State or Territorial law as security for the payment of all persons performing labor on the Project in a form and with surety ap- proved by the Government. C. The Grantee agrees that it will not, without the prior written consent of the Government, order or permit any change in the plans and specifications which would entail any substantial variance in the Project, or increase the cost thereof. D. The Grantee shall provide and maintain on its behalf competent and adequate architectural or engineering services to supervise the development and construction of the Project E. The Grantee shall establish a construction account, satisfactory to the Government, into which shall be deposited funds for the financing of the Project. F 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 VI. General requirements;: A The Grantee shall maintain and preserve, and require each of its contractors and subcontractors to maintain and preserve, such 1 books, records, and other data as the Government may require 1 B. The Grantee shall provide with each of its contractors and subcontractors for the right of the Government to inspect and monitor all work, materials, payrolls, records and personnel, invoices and other relevant data and records pertaining to the development and construction of the Project C. The Grantee covenants that each of its officials or employees having custody of Project funds during acquisition, construction, development and operation, shall be bonded at all times in an amount at least equal to the total funds in his custody at any one time. VII. Disbursement of Government funds will ordinarily be made only after completion of the Project unless the Government upon request agrees to partial disbursements prior to completion. VIII A. If the actual costs of the Project exceed the estimated costs, the Grantee will provide the funds for such excess costs. 1 -6- B. If the actual costs of the Project are less than the estimated costs, the Grant will be reduced to the extent necessary to comply with the percentage limitation set forth in the Offer. IX. By Acceptance of the Offer for Government assistance, the Grantee represents that it has not paid, and also, agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for this assistance. X. The Grantee shall carry Insurance, and require each contractor and subcontractor to carry insurance, of such types and in such amounts as the Government may specify with insurance carriers acceptable to the Government. XI. The Government shall be under no obligation to disburse funds under this offer of Grant unless the Grantee includes .n all contracts and subcontracts, in language acceptable to the Government, provisions requiring the maximum feasible employment of local labor for work which is or reasonably may be done as on-site work, and unless the Grantee takes reasonable steps to assure continuing compliance with such contract provisions •XII. -In the event that the work intended to be financed by the Project• shall not have been accomplished or committed by contract within 24 months of the date of acceptance of the Offer of Grant, the Government may, at its option and without cause, terminate all or any part of its obligation hereunder. 4, OF R Epto, CU? o �ed.lakdj w ®,, l r t1[IFO10 AIR MAIL SPECIAL DELIVERY November 9 , 1966 Economic Development Administration Department of Commerce 14th & Constitution Washington, D. C. Attention: Ken Taylor Room 6127 Gentlemen. Thank you for your call today informing us that the Offer of Grant had not arrived. We appreciate your extending the time from the 10th to the 20th of November Attached is the original copy, as signed by our Mayor, Waldo F. Burroughs . We have retained photo- static copies for our records. If, of course, you find the other copy we would appreciate having this returned. Thank you for giving this matter your consideration. Cordially, R. P . erritt, r. City Manage RPM:omk Enclos . (1) `19j1.414— we 11 U S DEPARTMENT OF COMMERCE ECONOMIC DEVELOPM ENT ADM IN!STRATI ON at,1/ 0,13►� WASH INGTON,D.0 20230 Public Works and Development Facilities Project No. • 07--1-00183 Offer Date OCT• 10 1966 Offer No OFFER OF GRANT Pursuant to its authority under the Public Works and Economic Development Act of 1965 (P L 89-136) and subject to the Special Conditions attached hereto and made a part hereof as "Exhibit A" and the Standard Terms and Conditions attached hereto and made a part hereof as "Exhibit B", the Economic Development Administration, U.S. Department of Commerce, herein- after referred to as the "Government" hereby offers to make a Grant not to exceed $ 410,000 to the City of Redlands, California hereinafter referred to as the "Grantee", in order to aid in the construction or equipping of public works or development facilities presently estimated to cost $820,000 and consisting of water filter plant, equipment and necessary transmission lines hereinafter collectively referred to as the "Project", provided that in no event shall this Grant exceed 50 per cent of the actual cost of the Project as determined by the Government. Upon acceptance, this Offer and the Acceptance, together with the Special Conditions and the Standard Terms and Conditions herein referred to, shall constitute the Grant Agreement. This Offer must be accepted and returned to the Economic Development Administration prior to NOV I 0 1966 ECCON EVELOPMENT ADMINISTRATION By \ The above Offer of Grant is CITY OF REDLANDS hereby accepted. Date Novprnhe,r 1 , 1 96 6 Name of Grantee By: MAYOR 6104 B RROUG Title EXHIBIT "A" U. S. DEPARTMENT OF COMMERCE Economic Development Administration Public Works and Development Facilities Project No. . 07-1-00183 APPLICANT City of Redlands San Bernardino, California SPECIAL CONDITIONS NONE