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HomeMy WebLinkAboutICDBG for Senior Center Rehabilitation Phase II IDAHO COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM CFDA #: 14.228 GRANTEE NAME: City of Meridian GRANTEE ADDRESS: 33 E.ldaho Ave. Meridian, Idaho 83642 PROJECT TITLE: Senior Center Rehabilitation Phase II-Accessibility CONTRACT NO,: ICDBG-06-111-05-SR This Contract is made pursuant to the Idaho Community Block Grant Program (lCDBG) and is entered into between the Idaho Department of Commerce and Labor (DEPARTMENT), and the City of Meridian (GRANTEE). The DEPARTMENT and GRANTEE hereby agree as follows: 1. Compliance Requirements: GRANTEE, sub-recipients, contractors, and subcontractors, receiving ICDBG funds shall comply with 24 CFR, part 570 Community Development Block Grants and applicable subparts as amended; the terms and conditions of Federal Grant Number B-06-DC- 16-0001; the procedures in the DEPARTMENT's rCDBG Application Handbook and Grant Administration Manual; and the DEPARTMENT's most current consolidated plan. GRANTEE shall also comply with the federal laws and adopted citizen participation plan as certified to by the chief elected official on the certification page of the GRANTEE's application, 2. ICDBG Amount: The maximum amount of ICDBG assistance awarded by this Contract is Fifty two thousand, nine hundred dollars ($52,900). 3. Match: GRANTEE shall provide thirty one thousand six hundred and fourteen dollars ($31,614) in matching funds for the purposes of completing this project. In the event costs exceed the total dollars budgeted for the project, GRANTEE shall be responsible for providing the additional funds needed to complete the project. 4. The Project: Attached hereto as Attachment "A" and incorporated herein is the Scope of Work and Project Schedule. At a minimum, Attachment "A" shall consist of the following components: a. Construction b. Design professional and grant administration c. Fair housing d, 504 transition plan e, National Objective f. State goals and objectives g. Schedule 5. Environmental Standards and Conditional Commitment of Funds: GRANTEE and not the Sub-recipient hereby assumes responsibility for the completion of an environmental review process under the National Environmental Policy Act of 1969 (42 V.S.C. 4321 et seq.) and related laws, as furthered by HUD regulations contained in 24 CFR part 58 and the ICDBG Grant Administration Manual. Notwithstanding any provision of this Contract, the parties hereto agree and acknowledge that this Contract does not constitute a commitment of funds or site approval, and that such commitment of funds or approval may occur only after satisfactory completion of the ICDBG's environmental review process under 24 CFR Part 58 and issuance of the DEPARTMENT's Notice of Concurrence. The parties further agree that the payment of any funds by the DEPARTMENT under ICDBG Contract 06106 Page 1 of 10 this Contract is conditioned on the DEPARTMENT's determination, in its sole discretion, to proceed with, modify or cancel the project based on the results of a subsequent environmental review and agreement upon and implementation of the mitigation measures required by the DEPARTMENT pursuant to Section 6 of this Contract. 6. Mandatory Mitigation Measures: In the event the DEPARTMENT determines in its sole discretion that the environmental review process requires GRANTEE to implement mitigation measures to comply with federal, state and local environmental laws, regulations or ordinances, the parties agree that this Contract shall be amended to include those mitigation measures, If GRANTEE fails to agree to the Contract amendment for the purpose of including mitigation measures required by the DEPARTMENT, the DEPARTMENT shall be excused from making any disbursements of ICDBG funds under this Contract. 7. Sub-recipient Agreements: Not applicable to this grant. 8. Additional Assurances: GRANTEE shall remain fully obligated under this Contract notwithstanding GRANTEE's designation of third parties for the undertaking of all or any part of the Project that is the subject matter of this Contract. 9. Special Conditions: None. 10. Relationship of Contracting Parties and Indemnification: GRANTEE specifically recognizes and acknowledges that nothing contained in this Agreement shall create, or be deemed to create between GRANTEE and the DEPARTMENT any principal-agent, master-servant, joint venture or employer-employee relationship. GRANTEE is solely responsible for the completion of the project, and agrees to complete the project in accordance with the terms of this Contract. GRANTEE shall defend, protect, and hold harmless the DEPARTMENT and the State of Idaho, and all officers, employees, and agents thereof, against all claims, suits or actions arising from any act of omission or commission of GRANTEE or any of its employees, Sub-recipients or agents while performing any work, services, or activities, or providing any materials relating to or in connection with the performance of this Contract. 11. Period of Performance: Work on the Project covered by this Contract shall begin on May 17, 2006 and shall continue as set forth in Attachment "A" until the Project is completed and closed-out. If GRANTEE has not completed the Project and submitted all ICDBG close-out documents within two (2) years from the projected Certified Substantial completion date as set forth in Attachment "A", all remaining and unexpended ICDBG funds will be retained by the DEPARTMENT. 12. Proiect Budget & Pavments: Attached hereto as Attachment "B" and incorporated herein is the Project Budget. GRANTEE shall adhere to the budget as outlined in Attachment liB." ICDBG funds cannot be shifted to new activities or between approved activities without an amendment to both Attachments "A" and "B." The use of ICDBG funds for administrative costs shall not exceed a maximum of 10% of the totallCDBG award. GRANTEE may periodically request grant funds up to 100% of the value of work performed for all items in the ICDBG budget, except for the administration and construction line items as provided in the paragraphs below. If the DEPARTMENT is satisfied in its sole discretion with the payment request, the DEPARTMENT may pay the amount requested within thirty (30) days from receipt of the request. GRANTEE shall certify that all work that is billed to the DEPARTMENT is complete at the time of the billing, GRANTEE shall be responsible for any discrepancy or error in billing or documentation. ICDBG Contract 06106 Page 20f10 Payment for all ICDBG construction funds may be up to ninety-five percent (95%) of the total ICDBG construction line item as identified in Attachment "B." The remaining 5% of ICDBG construction funds shall be released upon the DEPARTMENT's approval of the GRANTEE's certificate of substantial completion and other close-out documents as determined by the DEPARTMENT. GRANTEE must demonstrate to the DEPARTMENT that all applicable ICDBG requirements have been satisfied and that all Contract Project files are complete. GRANTEE must submit to the DEPARTMENT all required documentation. The DEPARTMENT shall retain at a minimum 5% of the ICDBG funds budgeted for administration as identified in Attachment "B" until GRANTEE demonstrates to the DEPARTMENT's satisfaction that GRANTEE has met the national objective and complied with alllCDBG grant requirements. Eligible project costs incurred prior to this Contract's effective date may be approved at the DEPARTMENT's discretion, but only if the environmental review for that activity has been completed. 13. Remedv for Noncompliance: If the DEPARTMENT determines in its sole discretion that GRANTEE has failed to comply any term or condition of this Contract, the parties agree that the DEPARTMENT's obligation to make payments under this Contract is suspended until such noncompliant issue or situation is resolved to the mutual satisfaction of both parties. A determination of noncompliance by the DEPARTMENT may occur as a result of, but shall not be limited to, the following events: a. Project construction is abandoned or unreasonably delayed, or is discontinued for a period of thirty (30) consecutive calendar days, without prior written approval from the DEPARTMENT, b. GRANTEE fails to cause Project construction to be completed in accordance with the requirements of this Contract. c. The Project is materially damaged or destroyed by fire or other casualty and the loss, in the reasonable judgment of the DEPARTMENT, is not adequately covered by insurance. d. The existence of any material or intentional misrepresentations of fact by GRANTEE in any document submitted to the DEPARTMENT in support of the grant or in connection with any of the grant documents. e, GRANTEE's failure to furnish to the DEPARTMENT within thirty (30) days and without demand, a true copy of any notice or other document received by or available to GRANTEE disclosing any requirement, deficiency or the violation of any law, regulation or ordinance bearing upon the Project funded by this Contract. f, The Project fails to meet ICDBG requirements as defined by the DEPARTMENT. 14. Contract Amendments: The DEPARTMENT may amend this Contract on its own initiative or at the request of GRANTEE to reflect changes in the Scope of Work, Project Design or Project Budget. Such changes shall be mutually agreed upon, and evidenced by a written contract amendment. In no case shall the nature or purpose of the project be amended from what was generally described in the application except as provided for in the ICDBG's Administrative Rules at IDAPA 48,01.01. 15. Financial and ProQress Reports: GRANTEE shall keep books, records, and accounts of all activities related to this Contract. On each interim request for funds submitted to the DEPARTMENT, GRANTEE shall certify that the information contained in the interim request for funds is true and correct based upon GRANTEE's official accounting records, GRANTEE shall also submit a final financial report that details all costs incurred by budget line according to Attachment "B," This report shall be submitted upon completion of the Project funded by this Contract. ICDBG Contract 06/06 Page 3 of 10 GRANTEE shall submit progress reports as specified in the DEPARTMENT's Grant Administration Manual. A detailed written final report with documentation of the activities carried out and benefits generated shall be submitted to the DEPARTMENT at the conclusion of the Project. GRANTEE shall disburse ICDBG funds within 3 to 5 business days of their receipt. GRANTEE may keep up to $100.00 in interest accrued on ICDBG funds, but shall return any amount in interest over $100.00 to the DEPARTMENT. 16. Other Items and Documents: GRANTEE shall provide the DEPARTMENT all other items and documents as the DEPARTMENT requires for the administration of this Contract within thirty (30) days of the date of the written request. 17. Certified Grant Administrator: In accordance with Idaho Administrative Code all Grantees before expenditure of ICDBG funds are required to have under contract a Department approved Grant Administrator. The Grant Administrator is responsible for administrative duties as outlined in the ICDBG Grant Administration Manual and in accordance with ICDBG's professional services contract. 18. Insurance During Construction: By executing this Contract, GRANTEE warrants that contractor(s) or other parties selected to perform construction work on the project shall have in effect without interruption from the date of construction commencement until final payment is made and the Project is closed-out pursuant to the terms of this Contract, the types of insurance deemed necessary by GRANTEE and the DEPARTMENT for the type and amount of construction described in Attachment "A II Further, GRANTEE warrants such insurance coverage shall be written on an "occurrence" basis and will be obtained with the following minimum liability limits: a. Workers' Compensation Insurance and Employer's Liability Insurance: (1) State: (2) Employer's Liability: Statutory Limits $100,000 Per accident $500,000 Disease, Policy Limit $100,000 Disease, Each Employee b. Comprehensive or Commercial General Liability Insurance with the DEPARTMENT as a named insured to include premises operation, owners and contractors protective liability, products and completed operations liability, personal injury liability including employee acts, broad form property damage liability and blanket contractual liability, with no exclusion for explosion (X), collapse (C) and underground (U) hazards: (1) $1,000,000 Each Occurrence (2) $1,000,000 Personal Injury (3) $2,000,000 Products/Completed Operations to be maintained for two (2) years fOllowing final payment (4) $2,000,000 General Aggregate c, Automobile Liability Insurance with the DEPARTMENT as a named insured for bodily injury and property damage: $1,000,000 Combined Single Limit d. Property or Builder's Risk Insurance to include coverage for all direct physical loss, also known as "Special Causes of Loss" in an amount equal to one-hundred percent (100%) of the estimated maximum value of the Project upon completion with the broadest form of "all risk" coverage possible. e. Volunteer Liability Insurance coverage if volunteers are used to do Project work. ICDBG Contract Page 4 of 10 06/06 GRANTEE shall include these same requirements in contracts with grant subrecipients. 19. Contract Services: GRANTEE shall follow ICDBG procurement requirements as outlined in the DEPARTMENT's most current ICDBG Grant Administration Manual, if ICDBG funds will be paying for the services. GRANTEE shall provide the DEPARTMENT with a copy of all requested documents related to the procurement of contract services. 20. Certification Regardinr.l Debarment: By executing this Contract, GRANTEE certifies to the DEPARTMENT that it will not execute a contract with parties that are identified as debarred, suspended, or ineligible as set forth in 24 CFR part 5. 21. Proiect Signage: Upon approval from the DEPARTMENT to proceed with construction, GRANTEE shall, unless otherwise directed by the DEPARTMENT, erect a sign located prominently at each major construction project site. The sign shall be maintained in good condition and shall not be removed until six (6) months after the Project is completed. Project sign requirements shall be provided by the DEPARTMENT. 22. Representation and Warranties: GRANTEE represents, warrants, and agrees that the Project funded by this Contract, both during construction and at the time of completion, and the contemplated use thereof, shall not violate any applicable zoning or use statue, ICDBG mitigation measure, ordinance, building code, rule or regulation, or any covenant or agreement of record. GRANTEE agrees that it will furnish documentation satisfactory to the DEPARTMENT regarding the representations and warranties made in this Section. 23. Use of Real Property: GRANTEE represents and agrees that the purchase of any property and undertakings pursuant to this Contract are and will be for the purpose of providing, improving, or expanding public infrastructure or facilities. No voluntary or involuntary successor in interest of GRANTEE shall acquire any rights or powers under this Contract without prior written consent of the DEPARTMENT. GRANTEE shall not change the use or planned use of any such property, including the beneficiaries of such use, from that for which the acquisition or improvements were made. If GRANTEE desires to change the use, GRANTEE must submit the request in writing to the DEPARTMENT for prior approval before applying the standards of 24 CFR 570.505, If changes are made without the DEPARTMENT's prior approval, alllCDBG funds disbursed to GRANTEE under this Contract shall become due and payable to the DEPARTMENT and the DEPARTMENT shall be excused from making any further disbursements of ICDBG funds under this Contract. 24. Conflict of Interest of Members, Officers or Emplovees of Grantee, Members of Local Governing Bodv or other Public Officials: No member, officer or employee of GRANTEE or its sub-recipients or agents, no member of the governing body where the Project authorized by this Contract is located, and no public official of such locality or localities who exercises any functions or responsibilities with respect to the Project during his tenure or for one (1) year thereafter, shall have any interest, direct or indirect, in any contract or subcontract or the proceeds thereof, for work to be performed in connection with the Project funded by this Contract. The requirements of this Section are to be included in all sub-recipient agreements, subcontracts and assignments. 25. Audit and Monitoring: GRANTEE shall provide the DEPARTMENT with an annual financial audit in accordance with OMS Circular A-133 and the Single Audit Act of 1984. The audit shall be completed by a certified public accountant during the regular annual audit cycle. GRANTEE shall provide annual audits through the last fiscal year grant funds are expended. ICOBG Contract 06106 Page 5 of 10 The DEPARTMENT may monitor and make periodic inspections and evaluations of the Project funded by this Contract and any books, accounts, reports, files, and other papers and records pertaining to the Project. GRANTEE shall make its books, accounts, reports, files, and other records available to the DEPARTMENT during regular working hours. GRANTEE shall maintain these books, accounts, reports, files, and other records for at least four (4) years following closeout of the Project. In the event GRANTEE provides any portion of its ICDBG funds in any fiscal year to a sub-recipient, such as a special district or a non-profit organization, GRANTEE shall require the sub-recipient to comply with the audit and monitoring requirements of Circular A-133 or Circular A-110. GRANTEE shall be responsible for monitoring sub-recipient compliance with all federal and state laws and regulations including the audit requirements of this Section. GRANTEE agrees that HUD Representatives, the Inspector General or the General Accounting Office shall also have access to all books, accounts, reports, files, and other papers, or property pertaining to the Project funded by this Contract. 26. Termination, This Contract may be terminated at any time without cause by either party upon thirty (30) days prior written notice being given to the other party. On termination of this Contract, all accounts and payments will be processed according to the terms of this Contract for approved Project work rendered to the date of termination, APPROVED: STATE OF IDAHO Department of Commerce and Labor CITY OF MERIDIAN if ~~~~l~ R~gerB.Madsen Director III J ' Mayor of..Ma Id ia n \\\\111 11/1111 ,1\ "...r.: IUl..... IiI ........\\.J v' W;f~flh Iff/, ....' A,"'\ ~"""~ '''"a t2 6 $ A ~. "1- --;..?-" -(7-(J ~ v IF'~ "1 I" , ..... !............ :2 ~o Uate-:. ~ 8'jF J;\ T \., ~ ~.~,.4 LVJ tJlhA CG't:vn.4L 8-g..-o,G - .l&:ldJ 1f17.)!V.... v ~ v- fJ / I J \ "0 ?~r ,.~' ~r 1-.' JfdL-'p., ~/9c- '/..-" Jr.fj --...:.:..-----" fi)~ ,,~ ' - . - r;r . "/... ()r".._ -T'" ", /1; ~ ~, ,\' III \1' 1111/11111\\1\\ ~ ' \4 -Gt7 Date lGDBG Contract 06/06 Page 6 of 10 For Internal Use of the Department ---------------------------~-----------------------------------------~--~-~-- -----------------------------------------------------------------------~----- Reviewed and Approved ukN1J.~ Wendi Secrist, Administrator Economic Development Division ~~entManager Rural and Community Development Division 7. L, 00 Date ~~-:2~ 7. (,. 0 ~ Lisa Robbins Financial Manager Date fCDBG Contract 06106 Page 7 of 10 ATTACHMENT A ICDBG-06-11I-05-SR The Project a, Construction Scope of Work - This project will install fully-accessible interior office doors, modify existing main entrance to be fully accessible, replace windows and dining room soundboards and install air conditioning in the kitchen area. b. Design Professional and Grant Administration - Professional services necessary to complete the construction scope of work and the city's plans in accordance with applicable codes and regulations c, Fair Housing Plan - City of Meridian will adopt Fair Housing Accessibility standards; complete an Analysis of Impediments and name a Fair Housing coordinator. d. 504 Plan - City of Meridian will adopt, then publish a Section 504 Policy on Nondiscrimination including grievance procedures and complete a self-evaluation and transition plan. In addition, the City will also name a 504 coordinator. e. National Objective - This project meets the National Objective of service to Jow-to-moderate income limited clientele. Total number of LMI to benefit 2,251. f. State Goals and Objectives - State Goal- Preserved and enhanced living environments State Objective- Increase access to quality facilities and services g. Schedule Grant Administration Contract Executed Environmental Release Bid Document Approval Bid Opening Construction Contract Executed Start Construction Construction 50% Complete Second Public Hearing Certificate of Substantial Completion Construction 100% Complete Update Fair Housing Plan Update 504 Review and Transition Plan Final Closeout Final Audit January 2006 July 2006 July 2006 August 2006 August 2006 September 2006 October 2006 October 2006 November 2006 December 2006 August 2006 June 2006 December 2006 December 2006 ICDBG Contract 06106 Page 80f10 . 4 '; ATTACHMENT B Budget Applicant: City of Meridian Project No.: ICDBG-06-JlI-05-SR Project: Senior Center Rehabilitation Phase II I AMOUNTS LINE ITEMS ICDBG Grant City In Kind Private Cash Private In Kind Total Administrative Expenses* $4,600 $4,600 Grant Writing $2,500 $2,500 Project Planning/Design $0 Architectural/Engineering Base $0 Fees Project Inspection Fees $1,164 $1,164 Property Acquisition $0 Relocation Payments to $0 Businesses & Individuals Demolition and Removal $0 Construction and Project $48,300 $24,950 $73,250 Improvement Equipment $0 Legal/Audits $3,000 $3,000 Total Costs $52,900 $4,164 $24,950 $2,500 $84,514 I Remarks: I *Administrative expenses & project planning design costs when totaled shall not exceed 10% of the total ICDBG amount. ICDBG Contract Page 9 of 10 06106 ATTACHMENT C ICDBG~06~1II~05-SR Mandatory Mitigation Measures To be determined ICDBG Contract 06106 Page 10 of 10