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LAC CDBG Project No 601420-11 COUNTY OF LOS ANGELES AGREEMENT TO IMPLEMENT A COMMUNITY DEVELOPMENT BLOCK GRANT(CDBG)PROJECT WITH A GOVERNMENTAL AGENCY Operating Agency: CITY OF RANCHO PALOS VERDES Contract Number: 106163 The Operating Agency is hereby authorized to implement the CDBG Project identified above upon execution of this Agreement by the Operating Agency's authorized signatory. Said implementation shall be in full accordance with the requirements,conditions,and assurances defined in the Contract Number 106163,between the Operating Agency and the County of Los Angeles. In addition, the Operating Agency agrees to comply with the following: 1. SCOPE OF SERVICE. The Project described in the Exhibit A(s),listed below,shall be implemented. 2. TIME OF PERFORMANCE. Services are to commence as of July 19, 2011, and be completed no later than June 30,2012. 3. BUDGET SECTION. No more than the amounts specified in the Exhibit A's, listed below, may be spent, without written approval of the Community Development Commission of the County of Los Angeles. Proiect No. Proiect Name Amount 601420-11 ADA ACCESS RAMPS AND SIDEWALK REPAIR-VICINITY OF VISTA GRANDE $49808.00 ELEMENTARY SCHOOL CITY OF RANCHO PALOS VERDES TOTAL $49,808.00 Revised 4/09 -1- City of Rancho Palos Verdes COUNTY OF LOS ANGELES Operating Agency Digitally signed by Raymond T.Holland By:Raymond T. Holland Holland DN:Pcni'aWYMnsd, z =US Date:2011.07.19 08:58:59-OT00 By: 1.41 ibikyvy/LA" ( Title: Title: Director,CDBG Community Development Commission of the County of Los Angeles Revised 1/21/04—gpa04-05 Los Angeles County Community Development Commission Exhibit A Community Development Commission County of Los Angeles Project Description and Activity Budget Contract No. 70741 Version 0 PROJECT OPERATING AGENCY Project No: 601420-11 Organization Title: ADA Access Ramps and Sidewalk Name: City of Rancho Palos Verdes Repair-Vicinity of Vista Grande Elementary School Type: Participating City Funding Period: 7/1/2011 To: 6/30/2012 Jurisdiction:Rancho Palos Verdes CDC Program Mgr: Karen Hamilton Project Administration Judy A.Huey, Senior Administrative Analyst City of Rancho Palos Verdes Department of Public Works 30920 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 ph: (310)544-5247 Eligibility Summary Funding Source: CDBG I-II JD Code: 03L Sidewalks Eligibility Citation: 570.201(c) National Objective: LMA Nat. Objective Citation: 570.208(a)(1) (ii)(A) Est. Accomplishments: 305 Performance Indicator: People(General) Activity Summary This new project will provide elderly persons and severely disabled adults accessibility to existing sidewalks through the construction of approximately 6 curb ramps, where no curb ramps or substandard curb ramps currently exist. These improvements will be constructed in the vicinity of Vista Grande Elementary School along Golden Meadow Drive at the intersections of Purple Ridge Drive and Grovespring Drive. CDBG funds will be used for non-personnel and capital outlays. Special Conditions PREVAILING WAGE REQUIREMENTS: The prevailing wage requirements of the Davis-Bacon Project No: 601420-11 Version: 0 Los An!eles County Community Development Commission Exhibit A and Related Acts and the Federal Labor Standards Provisions apply to all construction activities and demolition in conjunction with construction comprising$2,000 or more in cost. These prevailing wage requirements also apply to CDBG-funded contracts for the rehabilitation of residential property when the contract contains eight(8)or more housing units at the site of construction. The Operating Agency must notify the CDBG Construction Contract Compliance Officer of the date, time, and location of the Pre-Construction Conference at least 10 calendar days in advance. TEN PERCENT RETENTION: CDC will retain ten percent(10%) of the CDBG contract amount for this project until a File Review of the Labor Standards Enforcement File has been completed and final clearance is issued. The Operating Agency must request the File Review prior to the anticipated completion of construction. The Operating Agency is advised that ten percent(10%) of the total construction contract award be retained from the prime contractor by the Operating Agency to allow for the availability of funds to remedy monetary liabilities that can result from violations of the Davis-Bacon and Related Acts and Federal Labor Standards Provisions. LABOR STANDARDS ADMINISTRATION AND ENFORCEMENT: To meet minimum program requirements,the Operating Agency must provide its CDBG Program Manager with any updates to the Implementation Schedule within 10 calendar days of any change. The following tasks must be completed: *Submit Bid Documents for CDBG review and approval prior to advertising the Notice Inviting Bids; *Providing the CDBG Construction Contract Compliance Officer with a copy of the "Agency Report of Contract Award"within 10 calendar days of awarding any contract or subcontract involving construction activity; *Providing the U.S. Department of Labor(DOL) Office of Federal Contract Compliance Programs with a written "Notice of Contract Award" within 10 calendar days of awarding a contract in the amount of$10,000 or more; and *Providing the "Contract-Subcontract Activity Report" as periodically requested by CDBG Bulletin. The Operating Agency must also establish and maintain a Labor Standards Enforcement File for each contractor working at the project site in accordance with the CDBG Construction Contract Compliance Guidelines. The Operating Agency must provide evidence that the following activities have taken place: *Actively monitor the project site on a continuous basis to conduct Employee Field Interviews with workers; *Document all posting requirements and ensure that postings are accessible to workers; *Ensure that all contractors working at the project site submit all compliance documents within 10 calendar days of contract award; *Ensure that all contractors submit weekly Certified Payroll Reports within 10 calendar days of the pay period ending date; and *Ensure that a CPR is submitted for each week that work is performed and that the last CPR is marked"Final." All weekly CPRs must be reviewed by the Operating Agency for completeness and accuracy upon receipt.The Operating Agency's review must include: Project No: 601420-11 Version: 0 Los Angeles County Community Development Commission Exhibit A *Reconciliation of all Employee Field Interviews with each contractor's weekly CPR; *Assurance that all documents supporting "other" deductions and "apprentice" status letters are attached to the corresponding CPR. In the event of a discrepancy,the Operating Agency must suspend or withhold payment as allowed by law and in accordance with the contract between the Operating Agency and the prime contractor and notify the prime contractor in writing within 10 calendar days of the discovery of such a discrepancy.This written notification must: *Provide a detailed description of the discrepancy, including all necessary support documentation; *Outline the required corrective action; *Notify the contractor of their right to appeal; *Require the prime contractor to respond to the notification within 10 calendar days of its receipt; and *Inform the prime contractor that failure to sufficiently resolve the discrepancy within 10 calendar days, as detailed in the corrective action required, will lead to the Operating Agency suspending or withholding payment, as allowed by law and in accordance with the contract between the Operating Agency and the prime contractor. In the event of a labor violation,the Operating Agency must: *Provide the CDBG Construction Contract Compliance Officer with a"Report of Violation"within 10 calendar days of the date of the discovery of any violations involving underpayments to workers as outlined in the CDBG Construction Contract Compliance Guidelines; *Provide HUD and the CDBG Construction Contract Compliance Officer with a Title 29 CFR Section 5.7 Enforcement Report within 30 calendar days of the disposition date for each labor violation that involves underpayments to workers in the amount of$500 or more for willful violations or unintentional underpayments of$1,000 or more as outlined in the Federal Labor Standards Provisions;and *Provide CDBG with a "Semi-Annual Labor Standards Enforcement Report" summarizing all labor violation enforcement activities for the year as directed by CDBG Bulletin. PENALTIES: Failure by the Operating Agency to comply with this contract will result in a written notification from CDC that the Operating Agency is subject to one or more of the following penalties, including but not limited to: *Suspension of payment of contract funds; *Withholding of contract retention funds; and *Termination of Contract. SANCTIONS: Failure by the Operating Agency to comply with this contract will result in a written notification from CDC that the Operating Agency will be subject to consideration for placement on one of the following HUD sanction lists: *Limited Participation List; *List of Parties Excluded from receiving Federally Assisted contracts. The Operating Agency will comply with procurement standards outlined in 24 CFR, Part 85, Project No: 601420-11 Version: 0 Los Angeles County Community Development Commission Exhibit A Section 85.36 of the Common Rule, entitled Procurement, for the purchase of all equipment, supplies, and contracted services using CDBG funds. The Operating Agency shall maintain during the term of this Contract and for a period of five(5) years after the expiration of the contract complete and adequate financial records and accounts as considered necessary by the Community Development Commission(CDC)to assure proper accounting for all program funds and to support all program expenditures. These records and accounts shall include, but not be limited to,the following: * A double-entry General Ledger that supports the costs charged to the CDBG or ESG Program; * Records documenting procurement of goods and services; * Contracts for goods or services; * Lease or Rental Agreements; * Invoices; * Billing Statements; * Cancelled Checks; * Timecards signed by employees and supervisors; * Personnel Authorization Records; * Payroll Registers; * Payroll Tax Records; * Bank Statements; * Bank Reconciliations; and * Documentation to support the allocation of costs. The Operating Agency shall execute a professional services agreement with each consultant/contractor prior to incurring any costs or distributing any CDBG or ESG funds, in compliance with federal contractual requirements. The Operating Agency shall submit adequate financial documentation to support the program expenditures reported in the monthly CDBG Funding Request forms. The financial supporting documentation will include contracts for goods or services, evidence of procurement, lease or rental agreements, invoices, billing statements, cancelled checks,timecards signed by employee and supervisors, payroll registers, payroll tax records, bank statements,bank reconciliations, a detailed General Ledger that supports the costs charged to the CDBG program, and an approved cost allocation method for indirect costs charged. Failure to submit the necessary supporting documentation will result in the disallowance of costs. Contracted Services/Subrecipients The City will procure and contract for an engineer consultant to assist with the construction drawing and project specifications, and a contractor for construction services. Funding Summary Cost Category Amount Uncategorized $49,808.00 Project No: 601420-11 Version: 0 Los Angeles County Community Development Commission Exhibit A Total $49,808.00 Implementation Schedule Phase Scheduled Submit Bid Document Bid-Opening Contract Award Construction Completed Service Area Region Population Low/Mod Pop 6704.13 BG 2 RANCHO PALOS 2,650 230 VERDES Grand Total: 2,650 230 8.68% Low/Mod Project No: 601420-11 Version: 0