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Louisiana Pacific Block Grant IDAHO COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM CFDA#: 14.228 PROJECT TITLE: City of Meridian 33 E. Idaho Avenue Meridian, Idaho 83642 Louisiana Pacific GRANTEE NAME: GRANTEE ADDRESS: CONTRACT NO.: ICDBG-04-111-26-ED This Contract is made and entered into between the Department of Commerce and Labor, State of Idaho, hereinafter called the DEPARTMENT, and the City of Meridian, hereinafter called the GRANTEE. TERMS AND CONDITIONS Article I - Period of Performance The project work to be completed hereunder shall be accomplished from the effective date of August 5, 2004, and shall continue up to and including project closeout. Completion of the project shall follow the schedule shown in the requirements set forth in the documents titled Attachment B and Attachment C, unless otherwise amended. Article II - Grant Amount The maximum amount of Idaho Community Development Block Grant (ICDBG) assistance hereby awarded is $250,000. The GRANTEE hereby agrees to provide $172,000 in the form of locai match (I.e., local, state or other allowed federal contributions) for the purposes of compieting this project. In the event costs exceed the total dollars budgeted for the project, the grantee shall be responsible for finding the additional funds. The GRANTEE shall adhere to the budget as outlined in Attachment A, unless otherwise amended. ICDBG funds cannot be shifted to new activities or between approved activities without an amendment to the Scope of Work and Budget. The use of ICDBG funds for administrative costs is limited to a maximum of 10% of the totallCDBG funds awarded by this contract. Article III - Pavments The 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 audit and the construction line items as provided in the paragraphs below. If the DEPARTMENT is satisfied with the request, the DEPARTMENT will pay the ICDBG amount requested within thirty (30) days of the receipt of the request. Payment for all construction contracts in excess of $2,000 shall be up to ninety-five percent (95%) of the totai dollar amount of the construction contract as awarded and as shown in the budgeted line items in Attachment A Budget. The DEPARTMENT, pending the GRANTEE'S certification of final inspection and acceptance of work, will hold the remaining five percent (5%). The GRANTEE must determine that federal labor standards and all applicabie laws have been satisfied and all contract files are complete. This determination shall be verified upon the GRANTEE'S submittal of specific documents as determined by the DEPARTMENT or upon DEPARTMENT monitoring of the GRANTEE'S files. ICDBG Contract Page 1 0'14 The GRANTEE shall certify that all work that is billed to the DEPARTMENT is complete at the time of the billing. The GRANTEE shall be responsible for any discrepancy or error in billing or documentation. The GRANTEE'S request for payment of the audit shall be submitted with the final audit report. Payment of the audit line item shall be made upon acceptance and approval of the audit by the Legislative Services Office, Legislative Auditor. Article IV - Work Performance The project activities to be accomplished under the conditions of this contract are outlined in the Scope of Work, as described in Attachment B. Article V - Financial and Prooress Reports In the performance of this contract, the GRANTEE shall keep books, records, and accounts of all activities reiated to the provisions of this contract. On each interim request for funds submitted to the DEPARTMENT, the GRANTEE shall certify the information is true and correct based upon the GRANTEE'S official accounting records. The GRANTEE shall also submit a final financiai report that details costs incurred by line item as described in the project budget. This report shall be submitted upon completion of the project funded under this contract. The GRANTEE shall submit progress reports as specified in the Scope of Work, Attachment B. 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. The GRANTEE may keep up to $100.00 in interest accrued from ICDBG funds, but agrees to return any amount over $100.00 to the U.S. Treasury. Articie VI - Amendments The DEPARTMENT may amend this contract on its own initiative or at the request of the GRANTEE to reflect changes in the Scope of Work, Design or Budget of the project. 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 and was the basis for seiection of the project except as provided in the ICDBG Administrative Rules IDAPA 48.01.01. No changes in Scope of Work, costs or services shall be effective until approved in a written contract amendment signed by both parties. Article VII - Subcontracts The GRANTEE shall notify the DEPARTMENT and forward for prior approval aii contracts and subcontracts under this Grant. Upon showing the Grant has complied with the prerequisites and requirements of the ICDBG program, the DEPARTMENT shall issue its approval to proceed with the subcontract. All amendment(s) to subcontracts shall have DEPARTMENT approvai before they are effective amendment(s). The contractors and subcontractors must comply with all applicable state and federal iaws and regulations. All subcontracts shall contain the same obligations imposed upon the contractor by this Grant. Article VIII - Audit and Monitorino The GRANTEE shall provide the DEPARTMENT with an annual financial audit in accordance with OMB Circuiar A-133 and the Single Audit Act of 1984. The audit shall be completed by a certified public accountant during the regular annual audit cycie. The GRANTEE shall provide annuai audits through the last fiscal year grant funds are expended. ICDBG Contract Page 20'14 The DEPARTMENT may monitor and make periodic inspections and evaluations of the project and all its books and records pertaining to the project. The GRANTEE shall make available to the DEPARTMENT the books and records during regular working hours. These books and records shall be maintained for at least four (4) years following closeout of the project. Each GRANTEE that provides a portion of their Idaho Community Development Block Grant in any fiscal year to a subgrantee, such as a special district or a non-profit organization, shall require the subgrantee to meet the audit and monitoring requirements of Circular A-133 or Circular A-110. The GRANTEE shall be responsible for monitoring any subgrantee for compliance with all federal and state laws and regulations including the audit requirements. Representatives of the Secretary of Housing and Urban Development (HUD), the Inspector Generai or the General Accounting Office shall have access to all books, accounts, reports, files, and other papers, things or property belonging to or in use pertaining to the administration of this grant and receipt of assistance. Article IX - Termination The DEPARTMENT shall have the right to terminate this contract in whole or in part, at any time before the date of completion, whenever it is determined the GRANTEE has failed to comply with the conditions of the contract, The DEPARTMENT shall promptly notify the GRANTEE in writing of the determination and the reasons for the termination and the effective date. The DEPARTMENT may cancei this Grant at any time with or without cause upon thirty (30) days written notice to the GRANTEE specifying the effective date of the termination. The DEPARTMENT and the GRANTEE will coordinate the orderiy wind up of work, transfer of work, and payment for work undertaken under the Grant. The GRANTEE shall not undertake any work without first obtaining approval of the DEPARTMENT. Articie X - Special Warrantv Other than the Grant award, the GRANTEE warrants that nothing of monetary value has been given, promised or implied as remuneration for entering into this contract. The GRANTEE further declares no improper personal, political or sociai activities have been used or attempted in an effort to infiuence the outcome of the competition, discussion or negotiation leading to the award of this contract. Article XI - Relationship of Contractino Parties The contracting parties agree that no employer-empioyee relationship is established between the DEPARTMENT and the GRANTEE by the terms of this contract. The GRANTEE further indemnifies the State of Idaho and the DEPARTMENT and hoids them harmless against any and all suits, actions, ciaims or losses of every kind, nature, and description, including costs, expenses, and attorney fees, that may be incurred by reason of any act or omission, neglect or misconduct of the GRANTEE that may arise out of this agreement on its performance. Article XII - Confiict of Interest No official or employee of the GRANTEE or the DEPARTMENT shall have any direct or indirect financial interest in the project. Article XIII - Proiect Sian After the notice to proceed with construction is issued, and prior to construction, GRANTEES and Subgrantees will, unless otherwise directed, erect a sign located prominently at the project site for all ICDBG Contract Page 3 0' 14 major construction projects. The sign shall be maintained in good condition and removed six (6) months after the project is compieted. The project sign requirements shall be provided by the Idaho Department of Commerce and Labor. Article XIV - Federal Reoulations and Assurances All conditions and assurances required of the DEPARTMENT by Title I of the Housing and Community Development Act of 1974, P.L. 93-383, as amended, are binding on the GRANTEE, its subgrantee, contractors, and subcontractors. The GRANTEE shall also comply with all terms and conditions of Federal Grant Number B-04-DC-16-0001 and all applicable federal laws and regulations including but not limited to: 24 CFR, part 570 Community Development Block Grants; 24 CFR,Part 58 Environmental Review Procedures for Title I Community Development Block Grant Programs; OMB CircularsA-87, A- 102, A-122; and the Single Audit Act of 1984 and OMB Circular A-133, the Acquisition and Relocation Act, and Attachment C "Community Development Block Grant Assurances." Both parties shall adhere to the statutes and regulations of the State of Idaho. Article XV - National Obiective The Grantee hereby assures the U.S. Department of Housing and Urban Development (HUD) and the State of Idaho Department of Commerce and Labor that, as a resuit of this grant funding, .@m new jobs will be created in the Grantee's area of jurisdiction by the business(es) assisted and these jobs will be taken by members of Low and Moderate Income families. The Grantee further agrees that if the number of new jobs are not created, or if 51 % of the jobs are not taken by members of Low and Moderate Income families, the Grantee will repay to the State of Idaho Department of Commerce and Labor a portion of/or the entire amount of the grant assistance provided under this contract, if so required by the Department. ICDBG Contract Page 4 0' 14 APPROVED: STATE OF IDAHO Department of Commerce and Labor ~ '" Roger ßl'.Madsen ()' Director Date '?solID ocj IIPtJ ut. /JU-' CITY OF MERIDIAN For Internal Use of the Department Reviewed and Approved nna Ciough, Community Devel ment Manager Rural and Community Development Division /CDBG Contract 8' [3 °Ot/ Date 8'/3'()c.f Date Date l' ~ Jo~ Page50f14 ATTACHMENT A BUDGET COMMUNITY DEVELOPMENT PROJECT Applicant: City of Meridian Project No,: ICDBG-04-1I1-26-ED Project: Louisiana Pacific AMOUNTS LINE ITEMS ICDBG Grant CitY In Kind Private Cash Private In Kind Total Administrative Expenses" $22,000 $3,000 $25,000 Grant Writing $0 Project Planning/Design $2,500 $2,500 Architectural/Engineering Base Fees $4,320 $4,320 Project inspection Fees $0 Rights of Way $4,000 $4,000 Relocation Payments to Businesses & Individuals $0 Demolition and Removal $0 Construction and Project Improvement $223,680 $161,000 $384,680 Equipment $0 Audit $1,500 $1,500 Total Costs $250,000 $4,500 $165,000 $2,500 $422,000 Remarks: "Administrative expenses & project planning design costs when totaled shail not exceed 10% of the totallCDBG amount. ICDBG Contract Page60f14 ATTACHMENT B SCOPE OF WORK ICDBG-04-1I1-26-ED Proiect Description Extension of 10MW electrical transmission line and corresponding power upgrade improvements to Louisiana Pacific's manufacturing facility. II. Proiect Schedule Grant Award Grant Administration Contract Approved Environmental Release Bid Document Approval Bid Opening Debarred Check Pre-Construction Conference Start Construction Construction 25% Complete Construction 50% Complete Business Construction Complete Second Public Hearing Construction 75% Complete Construction Complete Civil Rights/Fair Housing Compliance ADA/504 Compliance Job Creation Completed Monitoring Visit Final Report/Closeout Final Audit August 2004 September 2004 September 2004 N/A N/A September 2004 September 2004 September 2004 October 2004 November 2004 December 2004 November 2004 December 2004 January 2005 February 2005 February 2005 February 2005 March 2005 April 2005 October 2005 Proqress Report Schedule Progress Reports will be submitted to the DEPARTMENT on an approved form with each Request for Funds. Approval of each Request for Funds will be based on the content 01 the Progress Report. II regular Requests for Funds are not submitted, Progress Reports will be due upon request 01 the DEPARTMENT. II. Proiect Benefits The project benefits the citizens of Meridian and meets a CDBG national objective by providing infrastructure in order to allow Louisiana Pacific to expand and create 39 new jobs, of which at least 20 will be held by iow and moderate income persons, Special Conditions Eligible project costs incurred prior to the contract effective date will be reimbursed with the approval of the DEPARTMENT, /CDBG Contract Page 70f14 IV, Administrative Reouirements The GRANTEE shall be responsible for completing all applicable administrative requirements, An Administrative Plan is required. This plan shouid include the delegation of each responsibility listed here, Any responsibility to be fulfilled by a contractor should be specifically listed in the contract. In addition to these requirements, there may be additional requirements contained in the Grant Administration Manual pubiished by the DEPARTMENT, The list is not intended to be exhaustive, but is intended as an outline of the major areas of administrative responsibility. An Administrative Plan shan be developed by the GRANTEE outlining the chain of responsibilities and authority in executing the grant project. This plan shan detail the division of grant management activities to particular persons, offices, agencies or contractors, The DEPARTMENT must approve the plan. A. B. Environmental Review: Establish an Environmental Review Record file, 1. 2, 3. 4, 5. C. ICDBG Contract Complete an Environmental ,Assessment. Make Environmental finding. If required publish the appropriate Finding and Request for Funds (ROF), Submit ROF and Environmental Review Record to the DEPARTMENT for review and approval. Construction Administration: 1, Establish Labor Standards Compliance file and assign responsibility. 2, Request current Davis-Bacon wage rates before advertising for bids. 3. Submit bid documents approved by grant administrator to IDOC fifteen (15) days prior to bid advertisement. 4, Update wage rates ten (10) days prior to bid opening. 5. Check contractor eligibility with the DEPARTMENT belore awarding contract (Federal Debarred List), 6. Document subcontractor eligibility and Davis-Bacon certifications. 7, Hold preconstruction conference with contractor specifically to discuss labor standards requirements and other grant requirements. Submit signed minutes to the DEPARTMENT, 8, Collect, review, and verify all payrolls. 9, Conduct worker interviews and verify against payrolls. 10. Report all payron discrepancies to the DEPARTMENT, Page 8 of 14 ICDBG Contract D. E, F. 4. G, Civil Rights Compliance: 1, Establish a file containing the GRANTEE'S Affirmative Action Pian, Community Profile, GRANTEE work force composition or other documents and statistics that demonstrate the GRANTEE'S efforts to benefit citizens protected under Civil Rights Laws. 2. File signed Section 3 Clause and comply with GRANTEE Section 3 Plan, 3, Comply with other Equal Employment Opportunity Contractor clauses certifications, and 4, Submit MBEIWBE Solicitation Summaries for all solicitations for services and supplies, 5, Implement, at a minimum, the required activities in the Fair Housing Resolution, 6, Implement, at a minimum, Section 504 requirements; adopt and publish Section 504 Policy on Nondiscrimination; adopt grievance procedures if required; and ,complete and/or update a sell-evaluation and transition plan. Accounting Requirements: 1, Maintain a general ledger for the ICDBG grant funds. It must show expenditures by budget categories and by other funding sources. 2, Maintain cash receipts and cash disbursements journals, 3, Maintain source documentation and file documents with Request for Funds form. 4. Accounting and Allowable Costs must be in accordance with OMB Circulars A- 102 and A-87 plus Treasury Circular 1075. Audits: 1. Audit services shall be secured in accordance with OMB Circular A-1 02, Attachment 0, 2, Audit shall be conducted according to OMB Circular A-133 and the Single Audit Act of 1984, as may be amended, 3, Audit shall be submitted to the Legislative Service's Office, Legisiative Auditor lor review and approval within thirty (30) calendar days of the audit's completion, ICDBG audit costs shall be allocated by the percentage of ICDBG expenditures in each fiscal year audit. Reporting: 1, The GRANTEE shall submit progress reports to the DEPARTMENT with each drawdown, or as required by the DEPARTMENT, Page90f14 ICDBG Contract 2, The GRANTEE shall report in writing to the DEPARTMENT any major compliance probiems, performance problems, management problems, all construction commencement and completion, loan closings, defaults, etc, 3, The GRANTEE shall submit all contract amendments, change orders, and amendments to the DEPARTMENT prior to executing them. Page 10 of 14 ATTACHMENT C Community Development Block Grant Assurances 1, Nondiscrimination Under Title VI of the Civil Riohts Act of 1964 This Agreement is subject to the requirements of Title VI of the Civil Rights Act 01 1964 (P.L. 88-352) and HUD regulations with respect thereto including the regulations under 24 CFR Part 1. In the sale, lease or other transfer of land acquired, cleared or improved with assistance provided under this Agreement, the GRANTEE shall cause or require a covenant running with the land to be inserted in the deed or lease for such transfer. This covenant shall prohibit discrimination upon the basis of race, color, religion, sex or national origin, in the sale, lease or rental, or in the use or occupancy of such land or any improvements erected or to be erected thereon, Providing that the GRANTEE is undertaking its obligation in carrying out the program assisted hereunder, agrees to take such measures as are necessary to enforce such covenant and will not itself so discriminate. This Agreement Is also subject to the requirements under the Fair Housing Act Amendments of 1988, which has been expanded to cover handicapped persons and families with children, 2. TITLE VIII This Agreement is subject to the requirements 01 Title VIII of the Civii Rights Act 01 1968 (P.L. 90- 284) and HUD regulations with respect thereto, providing it is the policy of the United States, within constitutional limitations, to provide fair housing, and prohibiting any person, in the sale, rental, financing or brokers of housing, from discriminating or in any way making unavailable or denying a dwelling to any person because of race, color, religion, sex or national origin. In the implementation of Title VIII, HUD is guided by Executive Orders 11063 and 12259, and 24 CFR parts 100 through 115, particularly Part 107. 3. Section 109 This Agreement is subject to the provisions of Section 109 of the Housing and Community Development Act of 1974 (P.L. 93-383), as amended. Section 109 prohibits the use of criteria based on race, color, national origin or sex to exclude any person from participating in or benefiting from any program or activity funded in whole or part with community development lunds made available pursuant to the Act. Section 109 further incorporates the prohibitions against age discrimination contained In the Age Discrimination Act of 1975 (42U,S,C 6101 et seq.), and against handicapped discrimination contained in Section 504 of the Rehabilitation Act 011973 (29 U.S,C, 794) as amended, 4. Labor Standards Except with respect to the rehabilitation of residential property designed for residential use for less than eight families, the Grantee and all contractors engaged under contracts in excess of $2,000 for the alteration, completion or repair of any building or public works financed in whole or in part with assistance provided under this Agreement, shall compiy with the requirements 01 the Davis- Bacon Act as amended (40 U,S,C, 276a-276a-5) and the Contract Work Hours and Salety Standard Act (40 U.S,C, 327 et seq,) as well as HUD requirements pertaining to such contracts and the applicable requirements of the regulations of the Department of Labor under 29 CFR Parts 3 and 5,5, governing the payment of wages and the ratio of apprentices and trainees to journeymen. Provided wage rates are higher than those required under such regulations imposed by state or local law, nothing hereunder is intended to relieve the GRANTEE of its obligations, if any, to require payment of the higher rates, The GRANTEE shall cause or require to be Inserted in full, in all such contracts subject to such regulations, provisions meeting the requirements of 29 ICDBG Contract Page 110f14 CFR 5,5. No award shall be made to any contractor Who is ineligible under the provisions of any applicable regulations of the Department of Labor to receive an award of such contract. 5, Environmental Standards This Agreement is subject to the policies contained in the National Environmental Policy Act of 1969 (42 U.S,C, 4321 et seq,), and related laws, as furthered by HUDregulations contained in 24 CFR part 58, The GRANTEE hereby assumes responsibility for environmental review, decision- making, and other action under NEPA and related laws, in accordance with Part 58, 6, Section 3 This Agreement is subject to the employment and contracting requirements of Section 3 of the Housing and Urban Development Act of 1968 (12 U,S.C, 1701 u), Section 3 requires that, to the greatest extent feasible, opportunities for training and employment be given to lower-income persons residing within the unit of local government or the metropolitan area or nonmetropolitan county in which a covered project is located; and that contracts for work in connection with such projects be awarded, to the greatest extent feasible, to eligible business concerns located in or owned in substantial part by persons residing in the same metropolitan area or nonmetropolitan county as the project, HUD regulations contained in 24 CFR Part 135 contain guidelines relating to Section 3 objectives. 7, Lead Based Paint Hazards The construction or rehabilitation of residential structures with assistance provided under this Agreement is subject to HUD Lead-Based Paint reguiations, 24 CFR Part 35, Any grants or loans made by the GRANTEE for the rehabilitation of residential structures with assistance provided under this Agreement shall be made subject to the provisions for the elimination of lead-based paint hazards under Subpart B of said regulations, and the GRANTEE shall be responsible for the inspections and certifications required under section 35,14(f) thereof, 8, Conflict of Interest of Members. Officers or Emplovees of Grantee. Members 01 Local Governino Bodv or Other Public Officials: No member, officer or employee of the GRANTEE or its designees or agents, no member 01 the governing body of the locality the program is situated, and no pubiic officiai of such locality or localities who exercises any functions or responsibilities with respect to the program 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 program assisted under the Agreement. The GRANTEE shall incorporate or cause to be incorporated, in all such contracts a provision prohibiting such interest pursuant to the purposes 01 this section. 9. Prohibition Aoainst Pavments or Commissions The assistance provided under this Agreement shall not be used in the payment 01 any bonus or commission lor the purpose of obtaining HUD approval of the application for such assistance or HUD approval 01 applications for additional assistance or any other approval or concurrence of HUD required under this Agreement, Title I of the Housing and Community Development Act 01 1974, as amended or HUD regulations with respect thereto; provided, however, that reasonable fees or bona fide technical, consultant, managerial or other such services, other than actual solicitation, are not hereby prohibited if otherwise eligible as program costs, ICDBG Contract Page 12 of 14 10. 11, 12. 13, ICDBG Contract Conflict 01 Interest of Certain Federal Officials No member of or Delegate to the Congress of the United States and no Resident Commissioner shall be admitted to any share or part of this Agreement or to any benefit to arise from same, Historic Preservation Act of 1966 Historic Preservation Act of 1966, as amended (16 U.S.C, 470 et seq.), Additional Assurances The GRANTEE shall remain fully obligated under the provisions of the Agreement notwithstanding its designation of any third party of parties for the undertaking of all or any part 01 the program with respect to the assistance being provided under this Agreement. The GRANTEE shall comply with all lawful requirements of the Grantor to ensure this Agreement is carried out in accordance and with the obligations and responsibilities of the Grantor to HUD, Reouirements for Units of General Local Government A. Certifications Title I of the Housing and Community Development Act of 1974, as amended through 1983, Section 106(d) (5) units of general local government must make certain certifications to the state. The certifying official must have sufficient authority to make such certifications on behalf of the unit of government. The unit of local government certifies it will comply with the following: 1. Anti-Lobbying Certification: No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned to any person for influencing or attempting to influence an officer or employee of any federal agency, a member of, employee of a member of, officer of or employee of Congress in connection with the awarding of any federal contract, the making of any federal grant or loan, the entering into any cooperative agreement and the extension, renewal, modification or amendment of any federal contract, grant, loan or cooperative agreement. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any federal agency, a member of, employee of a member of, officer of or employee of Congress in connection with this federal grant, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying:' in accordance with its instructions, The state may not distribute funds unless the unit of government has submitted certilications providing: 1. It will minimize displacement as a result of activities assisted with CDBG lunds; 2, It will conduct and administer its program in confomnance with Title VI and Title VIII, and affirmatively lurthering fair housing; 3, It will provide opportunities for citizen participation comparable to the state's requirements (those described in Section 104(a) of the Act, as amended); 4, It will not use assessments or fees to recover the capital costs of CDBG-funded public improvements from low and moderate-income owner occupants. Page 130f14 ICDBG Contract 5, It will abide by all state and federal rules and regulations related to the implementation and management offederal grants. Page 14of14