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C
ADDENDUM NO. 1
Long-Range Transportation Plan
(RFP 25-23, Contract No. C )
This Addendum No. 1 (“Addendum”) to the Long-Range Transportation Plan (“Agreement”) is executed this
day of , 20 , (“Effective Date”), by and between the City of Glendale, an Arizona municipal
corporation (“City”) and Kittelson & Associates, Inc, an Oregon Corporation, authorized to do business in
Arizona (“Contractor”), collectively (“Parties”).
The Parties agree that the following federal laws and regulations apply to the above-referenced Agreement and
agree it be bound by these same terms and conditions:
FEDERAL LAWS AND REGULATIONS
1.
Applicability of Uniform Administrative Requirements. The parties will comply with all
administrative requirements, cost principles, and audit requirements as provided in 2 C.F.R. Part 200 in
compliance with the Final Guidance issued by U.S. Department of Housing and Urban Development
on Feb. 26, 2015 (Notice: SD-2015-01).
2.
Equal Opportunity.
2.1
The Contractor agrees to comply with Title VI of the Civil Rights Act of 1964 (P.L. 88-352)
and the HUD regulations under 24 C.F.R. Part 1, which provides that no person in the United
States will, on the grounds of race, color, or national origin, be excluded from participation
in, be denied the benefits of, or be otherwise subjected to discrimination under any activity
receiving Federal financial assistance by way of grant, loan, or Agreement and will immediately
take any measures necessary to effectuate this Agreement. If any real property or structure
thereof is provided or improved with the aid of Federal financial assistance extended to the
Contractor, this assurance will obligate the Contractor, or in the case of any transfer of such
property or structure is used for a purpose of which the Federal financial assistance is extended
or for another purpose involving the provision of similar services or benefits.
2.2
The Contractor agrees to comply with Title VIII of the Civil Rights Act of 1968 (P.L. 90-284),
as amended by the Fair Housing Amendments Act of 1988 (P.L. 100-430) and will administer
all activities relating to housing and community development in a manner to affirmatively
further fair housing within Constitutional limitations throughout the United States.
2.3
The Contractor agrees to comply with Section 109 of the Housing and Community
Development Act of 1974 and 1977, as amended, and in conformance with all requirements
imposed pursuant to the regulations of the Department of HUD (24 C.F.R. Part 570.602)
issued pursuant to that Section; and in accordance with Equal Opportunity obligations of that
Section, no person in the United States will, on the grounds of race, color, national origin, or
sex, be excluded from participation in, be denied the benefits of, be subjected to discrimination
under, any activity funded in whole or in part with the Community Development funds.
Section 109 of the Act further provides that any prohibition against discrimination on the
basis of age, under the Age Discrimination Act of 1975 (24 C.F.R. Part 146), or with respect
to an otherwise qualified handicapped person, as provided in Section 504 of the Rehabilitation
Act of 1973 (24 C.F.R. Part 8), will also apply to any activity funded in whole or in part with
funds made available pursuant to the Act.
2.4
The Contractor agrees to comply with Executive Order 11063 on equal opportunity in housing
and related facilities owned or operated by the Federal Government or provided with Federal
financial assistance.
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2.5
The Contractor agrees to comply with Executive Order 11246, as amended, requiring
nondiscrimination and affirmative action to ensure nondiscrimination in employment by
government contractors and subcontractors and under federally assisted construction
contractors.
2.6
The Contractor agrees to comply with Section 3 of the Housing and Urban Development Act
of 1968 (12 U.S.C. 1701u), as amended, the HUD regulations issued pursuant thereto (24
C.F.R. Part 135) as follows:
a.
The work to be performed under this Agreement is on a project assisted under a
activity providing direct Federal financial assistance from the Department of Housing
and Urban Development and is subject to the requirements of Section 3 of the
Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701u);
Section 3 requires that to the greatest extent feasible, opportunities for training and
employment be given to lower income residents of the project area and agreements
for work in connection with the project be awarded to business concerns that are
located in or owned in substantial part by persons residing in the area of the project.
b.
The parties to this Agreement will comply with the provisions of said Section 3 and
the regulations issued pursuant thereto by the Secretary of Housing and Urban
Development set forth in 24 C.F.R. Part 135, and all applicable rules and orders of
the Department issued there under prior to the execution of this Agreement. The
parties to this Agreement certify and agree that they are under no contractual or other
disability that would prevent them from complying with these requirements.
c.
The Contractor will send to each labor organization or representative or workers, with
which there is a collective bargaining agreement or other agreement or understanding,
if any, a notice advertising the said labor organization or workers' representative of
the commitments under this Section 3 clause and will post copies of the notice in
conspicuous places available to employees and applicants for employment or training.
d.
The Contractor will include this Section 3 clause to every subcontract for work in
connection with the project and will take appropriate action pursuant to the
subcontract upon a finding that the subcontractor is in violation of regulations issued
by the Secretary of Housing and Urban Development, 24 C.F.R. Part 135. The
contractor will not subcontract with any subcontractor where it has notice or
knowledge that the latter has been found in violation of regulations under 24 C.F.R.
Part 135 and will not let any subcontract unless the subcontractor has first provided
it with a preliminary statement of ability to comply with the requirements of these
regulations.
e.
Compliance with the provisions of Section 3, the regulations set forth in 24 C.F.R.
Part 135, and all applicable rules and orders of the Department issued there under
prior to the execution of this Agreement, will be a condition of the Federal financial
assistance provided to the project.
3.
Nondiscrimination in Federally Assisted Programs of the Department of Housing and Urban
Development-Effectuation of Title VI of the Civil Rights Act of 1964.
3.1
The Contractor shall, as a recipient of HUD financial assistance, take reasonable steps to
provide meaningful access to Limited English Proficiency (LEP) persons. This requirement
shall extend to the Contractor’s entire activity regardless of how much HUD assistance is
received.
3.2
In order to determine what reasonable steps must be taken to provide meaningful access to
LEP persons, the Contractor should apply HUD’s four-factor analysis:
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a.
Identify the number or proportion of LEP persons eligible to be served or likely to
be encountered by the activity or Contractor.
b.
Identify the frequency with which LEP persons come in contact with the activity.
c.
Consider the nature and importance of the activity or service provided by the activity
to people’s lives.
d.
Identify the resources available to the Contractor and the costs associated with
providing meaningful access to LEP persons.
3.3
The Contractor must determine what language assistance measures are sufficient for the
activity funded with HUD funds. The Contractor shall have flexibility in addressing the needs
of the LEP persons served; however, this flexibility cannot be used to minimize the obligation
that the needs be addressed. The Contractor is not required to take measures that would be a
cost burden or cost prohibitive to the Contractor.
3.4
Efforts to take reasonable steps to provide meaningful access to LEP persons must be
documented in the Contractor’s records and be made available upon request.
4.
Section 504. The Contractor agrees to comply with any federal regulations issued pursuant to
compliance with Section 504 of the Rehabilitation Act of 1973, which prohibits discrimination against
the handicapped in any federally assisted program.
5.
Subcontracting. All work or services covered by this Agreement, which is subcontracted by the
Contractor will be specified by written Agreement and subject to all provisions of this Agreement. All
subcontracts must be approved by the City prior to execution.
6.
Interest of Certain Federal Officials. No member of or delegate to the Congress of the United
States shall be admitted to any share or part of this Agreement or to any benefit to arise from the same.
7.
Interest of Members, Officers, or Employees of the Contractor, Members of Local Governing
Body, or Other Public Officials. No member, officer, or employee of the Contractor or its designees
or agents, no member of the governing body of the locality in which the activity is situated, and no
other public official of such locality or localities who exercises any functions or responsibilities with
respect to the activity during his or her tenure or for one year thereafter, will have any interest, direct
or indirect, in any Agreement or subcontract, or the proceeds thereof, for work to be performed in
connection with the activity assisted under this Agreement.
8.
Lobbying. Funds provided under this Agreement shall not be used for publicity or propaganda
purposes designed to support or defeat legislation proposed by federal, state, or local governments.
9.
Hatch Act. The Contractor agrees to comply with all provisions of the Hatch Act and that no part
of the activity will involve political activities, nor will personnel employed in the administration of the
activity be engaged in activities in contravention of Title V, Chapter 15, of the United States Code.
10.
Labor Standards Provisions.
10.1
The Contractor agrees to comply with the requirements of the Secretary of Labor in
accordance with the Davis-Bacon Act as amended, the provisions of Agreement Work Hours
and Safety Standards Act (40 U.S.C. 327 et seq.) and all other applicable federal, state and local
laws and regulations pertaining to labor standards insofar as those acts apply to the
performance of this Agreement. The Contractor agrees to comply with the Copeland Anti-
Kick-Back Act (18 U.S.C. 874 et seq.) and its implementing regulations of the U. S. Department
of Labor at 29 C.F.R. Part 5. The Contractor shall maintain documentation that demonstrates
compliance with hour and wage requirements of this part. Such documentation shall be made
available to the Grantee for review upon request.
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10.2
The Contractor agrees that, except with respect to the rehabilitation or construction of
residential property containing less than eight (8) units, all contractors engaged under
Agreements in excess of $2,000.00 for construction, renovation or repair work financed in
whole or in part with assistance provided under this Agreement, shall comply with federal
requirements adopted by the City pertaining to such Agreements and with the applicable
requirements of the regulations of the Department of Labor, under 29 C.F.R. Parts 1,3,5 and
7 governing the payment of wages and ration of apprentices and trainees to journey workers;
provided that, if wage rates higher than those required under the regulations are imposed by
state or local laws nothing hereunder is intended to relieve the Contractor of its obligation, if
any, to require payment of the higher wage. The Contractor shall cause or require to be
inserted in full, in all such Agreements subject to such regulations, provisions meeting the
requirement of this paragraph.
11.
Compliance with Environmental Requirements. The Contractor agrees to comply with any
conditions resulting from the City's compliance with the provisions of the National Environmental
Policy Act of 1969 and the other provisions of law specified at 24 CFR §58.5 insofar as the provisions
of such Act apply to activities set forth in the Scope of Activity.
12.
Compliance with Flood Disaster Protection Act.
12.1 This Agreement is subject to the requirements of the Flood Disaster Protection Act of 1973
(P.L. 93-234). No portion of the assistance provided under this Agreement is approved for
acquisition or construction purposes as defined under Section 3(a) of said Act, for use in any
area identified by the Secretary as having special flood hazards, which is located in a
community not then in compliance with the requirements for participation in the national
flood insurance program pursuant to Section 201(d) of said Act; and the use of any assistance
provided under this Agreement for such acquisition or construction in such identified areas
in communities then participating in the National Flood Insurance Program will be subject to
the mandatory purchase of flood insurance requirements of Section 102(a) of said Act.
12.2 Any contract or agreement for the sale, lease, or other transfer of land acquired, cleared, or
improved with assistance provided under this Agreement shall contain, if such land is located
in an area identified by the Secretary as having special flood hazards and in which the sale of
flood insurance has been made available under the National Flood Insurance Act of 1968, as
amended, 42 U.S.C. 4001 et seq., provisions obligating the transferee and its successors or
assigns to obtain and maintain, during the ownership of such land, such flood insurance
required with respect to financial assistance for acquisition or construction purposes under
Section 102(2) of Flood Disaster Protection Act of 1973. Such provisions will be required
notwithstanding the fact that the construction of such land is not itself funded with assistance
under this Agreement.
13.
Compliance with Environmental Laws.
13.1
This Agreement is subject to the requirements of the Clean Air Act, as amended, 42 U.S.C.
1857 et seq.; the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq.; and
the regulations of the Environmental Protection Agency with respect thereto, at 40 C.F.R. Part
15, as amended from time to time.
13.2
In compliance with said regulations, the City will cause or require to be inserted in full in all
Agreements and subcontracts with respect to any nonexempt transaction thereunder funded
with assistance provided under this Agreement, the following requirements:
a.
A stipulation by the Contractor and subcontractor(s) that any facility to be utilized in
the performance of any nonexempt Agreement or subcontract is not listed on the list
of Violating Facilities issued by the Environmental Protection Agency (EPA)
pursuant to 40 C.F.R. §15.20.
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b.
Agreement by the Contractor and subcontractor(s) to comply with all the
requirements of Section 114 of the Clean Air Act, as amended (42 U.S.C. 1857c-8),
and Section 308 of the Federal Water Pollution Control Act, as amended, (33 U.S.C.
1318) relating to inspection, monitoring, entry, reports, and information, as well as all
other requirements specified in said Section 114 and Section 308, and all regulations
and guidelines issued thereunder.
c.
A stipulation that as a condition for the award of the Agreement, prompt notice will
be given of any notification received from the Director, Office of Federal Activities
EPA, indicating that a facility utilized or to be utilized for the Agreement is under
consideration to be listed on the EPA list of Violating Facilities.
d.
Agreement by the Contractor that it will include or cause to be included the criteria
and requirements in paragraphs (a) through (d) of this section in every nonexempt
subcontract and requiring the Contractor to take such action as the Government may
direct as means of enforcing such provisions.
e.
In no event will any amount of the assistance provided under this Agreement be
utilized with respect to a facility that has given rise to a conviction under Section
113(c)(1) of the Clean Air Act or Section 309(c) of the Federal Water Pollution
Control Act.
13.3
The Resource Conservation and Recovery Act. Contractor will comply with the Resource
Conservation and Recovery Act (“RCRA”), including, but not limited to, 42 U.S.C. § 6962,
which requires preference be given in procurement programs to the purchase of specific
products containing recycled materials identified in guidelines developed by the
Environmental Protection Agency (“EPA”) (40 C.F.R. Parts 247 through 254).
13.4
The Toxic Substances Control Act. The Contractor will comply with the Toxic Substances
Control Act (“TSCA”), 15 U.S.C. §2601 et seq.
13.5
The Federal Insecticide, Fungicide and Rodenticide Act. The Contractor will comply with the
Federal Insecticide, Fungicide and Rodenticide Act (“FIFRA”), 7 U.S.C. §136 et seq.
13.6
Contractor will comply with all other applicable federal and state environmental laws and
regulations, including, but not limited to, §6002 of the Solid Waste Disposal Act, as amended
by the Resource Conservation and Recovery Act (“RCRA”) (Pub. L. 94-580, 42 U.S.C. §6962).
Section 6962 requires that preference be given in procurement programs to the purchase of
specific products containing recycled materials identified in guidelines developed by the
Environmental Protection Agency (“EPA”) (40 C.F.R. Parts 247 through 254). Accordingly,
state and local institutions of higher education, hospitals, commercial organizations and
international organizations when operating domestically, and non-profit organizations that
receive direct Federal awards or other Federal funds will give preference in their procurement
programs funded with Federal funds to the purchase of recycled products pursuant to the
EPA guidelines.
14.
Historic Preservation. This Agreement is subject to the requirements of P.L. 89-665, the
Archaeological and Historic Preservation Act of 1974 (P.L. 93-291), Executive Order 11593, and the
procedures prescribed by the Advisory Council on Historic Preservation in 36 C.F.R. Part 800. The
City must take into account the effect of a project on any district, site, building, structure, or object
listed in or found by the Secretary of the Interior, pursuant to 35 C.F.R .Part 800, to be eligible for
inclusion in the National Register of Historic Places, maintained by the National Park Service of the
U. S. Department of the Interior, and must make every effort to eliminate or minimize any adverse
effect on a historic property
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15.
Historic Barriers. This Agreement is subject to the requirements of the Architectural Barriers Act
of 1968 (42 U.S.C. 4151) and its regulations. Every building or facility (other than a privately-owned
residential structure) designed, constructed, or altered with CDBG funds must comply with
requirements of the "American Standards Specifications for Making Buildings and Facilities Accessible
to, and Usable by, the Physically Handicapped.”
16.
Lead-Based Paint. This Agreement is subject to the Lead-Based Paint Poisoning Prevention Act (42
U.S.C. 4821 et seq.), and Lead-Based Paint Regulations (24 C.F.R. Part 35 and 24 C.F.R. §570.608
and/or 92.335), and related amendments thereto. The use of lead-based paint is prohibited whenever
federal funds are used directly or indirectly for the construction, rehabilitation, or modernization of
residential structures. All federally assisted residential structures and related property constructed prior
to 1978 will comply with existing and new Lead-Based Paint Hazard Reduction Requirements, effective
September 15, 2000. As the Grantor, the City of Glendale shall be consulted regarding the
Contractor/Grantee's compliance status.
17.
Acquisition/Relocation. This Agreement is subject to providing a certification that it will comply
with the acquisition and relocation requirements of the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970, as amended, implementing regulations at 49 C.F.R. Part 24,
and 24 C.F.R. Part 511.14, which govern the acquisition of real property for the project and provision
of relocation assistance to persons displaced as a direct result of acquisition, rehabilitation, or
demolition for the project.
18.
Property Disposition. Real or personal property purchased in whole or in part with CDBG funds
shall not be disposed through sale, use, or location without the written permission of the City and/or
HUD as applicable. The proceeds from the disposition of real property will be considered Program
Income and subject to 24 CFR §570.504(c).
19.
Debarment, Suspension, Ineligibility and Voluntary Exclusion.
19.1
In order to participate in this Agreement, the Contractor must certify that it and/or its
owners/officers have not been debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by a federal department or agency.
19.2
The Contractor, shall include without modification the Certification language, entitled
“Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion –
Lower Tier Covered Transactions” with all subgrantees or other contractors; in all lower tier
covered transactions and in all solicitations for lower tier covered transactions in accordance
with 45 C.F.R. part 76.
19.3
If the Contractor is unable to comply with this requirement, an explanation shall be
immediately provided to the City in accordance with paragraph 30 of this Agreement.
20.
Federal Fire Prevention and Control Act of 1992. The Fire Administration Authorization Act of
1992 added a new Section 31 to the Federal Fire Prevention and Control Act of 1974. This Section
requires that approved smoke detectors be installed in all houses assisted under the CDBG Program.
To comply with this requirement and locally adopted codes Contractor shall install smoke detectors in
all sleeping areas and any hallway connecting these sleeping areas.
21.
Build America, Buy America (BABA). BABA requires all the iron and steel, manufactured products,
and construction materials used in the project to be produced in the United States. If applicable, the
Contractor or contract represents and warrants that; (a) they have reviewed and understand the BABA
(b) all of the iron and steel, manufactured products, and construction materials used in the project will
be and/or have been produced in the United States in a manner that complies with the BABA
requirements, unless a waiver of the requirements is approved, and (c) the Contractor or contractor
will provide any further verified information, certification or assurance of compliance with this
paragraph, or information necessary to support a waiver of the BABA requirements, as may be