Agmt13 County of San Mateo Dept of Housing - re-turf Fair Oaks Athletic Field

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3. Conditional Commitment of Funds. Should the NEPA process not be completed prior to execution of this Agreement, notwithstanding any provision of this Agreement to the contrary, the parties hereto agree and acknowledge that this Agreement does not constitute a commitment of funds or site approval, and that any such commitment of funds or site approval may occur only after satisfactory completion of environmental review and, as needed, receipt by the County of San Mateo of a release of funds from the U.S. Department of Housing and Urban Development ("HUD"). The parties further agree that the provision of any funds to the Project is conditioned on the County's absolute right to proceed with, modify or cancel the Project based on the results of a subsequent environmental review, as necessary. To the extent that this Agreement is a conditional commitment of funds, upon successful completion of the NEPA process, the parties shall execute an amendment to this Agreement confirming the Project and/or work scope assisted with funds provided in this agreement. County execution of such amendment will be undertaken by the Director of DOH unless other considerations are included in the amendment that would warrant County execution by other than DOH Director. 4. NEPA Conditions of Approval. Should the ER establish conditions of approval for funding, Contractor shall comply with these conditions. DOH may require a separate written assurance regarding Contractor compliance with such conditions. 5. Davis-Bacon Prevpiling Waqe. As provided in Exhibit D herein, for applicable construction projects, Contractor shall comply with federal requirements requiring the payment of prevpiling wages, as determined by the U.S. Department of Labor, to all laborers and mechanics on construction projects funded with federal funds. In summary, the following project types are subject to the Davis-Bacon prevailing wage requirements: CDBG assistance for housing construction activities in connection with projects involving 8 or more units; CDBG assistance of non-housing projects (public facilities) in which the construction contract exceeds $2,000; and HOME assistance of housing projects in which HOME is assisting 12 or more units. Contractor is directed to www.qpo.gov/davisbacon/ for compliance information, including the applicable Wage Determination. 6. Local Low Income Hirina. As provided in Exhibit D, in accordance with Section 3 of the Housing 8. Urban Development Act of 1968, Contractor shall comply with federal requirements governing local low income hiring as to Section 3 covered activities, which are activities involving housing rehabilitation, housing construction, or other public construction in which the contract to perform the work has HUD funding in the amount of $200,000 or more; moreover, each subcontractor whose contract involves $100,000 or more of HUD funds is also subject to Section 3. 7. Displacement, Relocation, and Acguisition. In accordance with Exhibit D regarding Relocation Assistance and Real Property Acquisition Policies Act of 1970, and CDBG regulations at 24 CFR 570.606, Contractor shall take all reasonable steps to minimize the displacement of persons (families, individuals, businesses, nonprofit organizations and farms) as a result of the Project. As applicable, Contractor shall be responsible for meeting compliance with requirements of the aforementioned regulations and shall include relocation costs in the Project budget to determine total Project costs. 8. Performance Period. Contractor shall complete the Project during the Performance Period, which shall be the exact Term of this Agreement as set forth in Section 4 Term and Termination; as such Term may be amended by the parties. Failure to complete the activities described in Project Description during the Performance Period will constitute a breach of the terms of this Agreement, provided, however, the Performance Period may be extended at the sole discretion of the Director of the DOH on behalf of the County. During the Performance Period, Contractor shall submit required quarterly progress reports described below and records of Project-related costs incurred for County review as necessary. ATTY/AGR/2013.016/FAIR OAKS SCHOOL RE-TURFING PROJECT II REV:O1-29-13 MLG Page 10 of 21