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HomeMy WebLinkAboutRexburg Headworks Grant Admin Contract1 PROFESSIONAL SERVICES CONTRACT City of Rexburg – Administrative Services - Wastewater Headwork Improvement Project - ICDBG-23-VI-10-PF This contract is entered into this 17th day of May, 2023, by and between the City of Rexburg, Idaho, herein referred to as the "City," and East Central Idaho Planning and Development Association, Inc. (DBA Altura), whose address is 299 East 4th North, Rexburg, Idaho 83440, herein referred to as the "Contractor," Witnesseth: WHEREAS, the City of Rexburg has made application to and has been approved by the Idaho Department of Commerce, herein referred to as "the Department", for the receipt of grant funds under the Idaho Community Development Block Grant (CDBG) Program for purposes of wastewater headwork improvements; and WHEREAS, the City desires to engage the Contractor to render certain services related to the administration of the above described CDBG project; and WHEREAS, the City has complied with provisions for soliciting of contractors as cited in 2 CFR Part 200 ; and WHEREAS, to ensure effective administration of the above project, it is deemed to be in the best interests of the City to enter into an agreement with the Contractor as hereinafter provided; NOW, THEREFORE, the parties hereto do mutually agree as follows: 1. EMPLOYMENT OF CONTRACTOR The City agrees to engage the Contractor, and the Contractor agrees to provide for the services described in Section 6 in order to provide for the administration and management of the CDBG project for the City as approved by the Department. 2. EMPLOYEE-EMPLOYER RELATIONSHIP The contracting parties warrant by their signature that no employer-employee relationship is established between the Contractor and the City by the terms of this contract. It is understood by the parties hereto that the Contractor is an independent contractor and as such neither it nor its employees, if any, are employees of the City for purposes of tax, retirement system, or social security (FICA) withholding. 3. CONTRACTOR'S INSURANCE The Contractor warrants that it has obtained and will maintain at its expense for the duration of this Contract, statutory worker's compensation coverage, employer's liability and comprehensive general liability insurance coverage for its principals and employees for the services to be performed hereunder. The comprehensive general liability insurance shall have, at a minimum, a coverage limit of at least one hundred thousand dollars ($100,000) per claim, and five hundred thousand dollars ($500,000) aggregate. 4. LIAISON The City’s designated liaison with the Contractor is Mayor Jerry Merrill. The Contractor's designated liaison with the City is Rick Miller. 5. EFFECTIVE DATE AND TIME OF PERFORMANCE This Contract takes effect on May 17th, 2023. The services to be performed by the Contractor are estimated to be completed no later than July 2025. 6. SCOPE OF SERVICES The Contractor will perform the services as identified and explained in Attachment “A” Scope of Work. It is understood and agreed by the parties that the services of the Contractor do not include any of the following: the disbursement or accounting of funds distributed by the City’s financial officer, legal advice, fiscal audits, or assistance with activities not related to the CDBG project. 2 7. COMPENSATION For the satisfactory completion of the services to be provided under this Contract, the City will pay the Contractor a sum identified on Attachment “A” Scope of Work. 8. CONFLICT OF INTEREST The Contractor warrants that it presently has no interest and will not acquire any interest, direct or indirect, in the CDBG project, which would conflict in any manner or degree with the performance of its services hereunder. The Contractor further covenants that, in performing this contract, it will employ no person who has any such interest. Should any conflict of interest, as defined by the CDBG Administrative Rules, arise during the performance of this contract, it will be disclosed and managed according to the CDBG rules. 9. MODIFICATION AND ASSIGNABILITY OF CONTRACT This contract contains the entire agreement between the parties, and no statements, promises, or inducements made by either party, or agents of either party, which are not contained in the written contract, are valid or binding. This contract may not be enlarged, modified, or altered except upon written agreement signed by both parties hereto. The Contractor may not subcontract or assign its rights (including the right to compensation) or duties arising hereunder without the prior written consent of the City and the Idaho Department of Commerce. Any subcontractor or assignee will be bound by all of the terms and conditions of this contract. 10. TERMINATION OF CONTRACT. This contract may be terminated as follows: a. Termination due to loss of funding In the event that the Department reduces or terminates payments under the CDBG Program so as to prevent the City from paying the Contractor with CDBG funds, the City will give the Contractor written notice which sets forth the effective date of the termination and explains the reasons for the termination. The notice shall also describe the conditions for any reimbursement for any work completed. b. Termination for Convenience. The City may terminate this contract, in whole or in part, for the convenience of the City when both parties agree that the continuation of the project is not in the best interest of both parties and that further expenditure of funds will not produce any results. The parties shall agree in writing upon the conditions, effective date, and fair and reasonable paym ent for work completed. c. Termination for cause. i. If the City determines that the Contractor has failed to comply with the terms and conditions of this contract, it may terminate this contract, in whole or in part, at any time before the date of completion. If the Contractor fails to comply with any of the terms and conditions of this contract, the City may give notice, in writing, to the Contractor of any or all deficiencies claimed. The notice will be sufficient for all purposes if it describes the default in general terms. If all defaults are not cured and corrected within a reasonable period as specified in the notice, the City may, with no further notice, declare this contract to be terminated. The Contractor will thereafter be entitled to receive payment for those services reasonably performed to the date of termination, less the amount of reasonable damages suffered by the County by reason of the Contractor's failure to comply with this contract. ii. Notwithstanding the above, the Contractor is not relieved of liability to the City for damages sustained by the City by virtue of any breach of this contract by the Contractor, and the City may withhold any payments to the Contractor for the purpose of setoff until such time as the amount of damages due the City from the Contractor is determined. However, there will be no withholding 3 of payments unless there has been proper n otice as specified in paragraph (c)(i) (Termination for cause). 11. DOCUMENTS INCORPORATED BY REFERENCE The City’s application to the Department for CDBG Funding dated November 18, 2022 and all applicable federal and state statutes and regulations are incorporated into this contract. 12. CIVIL RIGHTS ACT OF 1964 The Contractor will abide by the provisions of the Civil Rights A ct of 1964 which states that under Title VI, no person may, on the grounds of race, color, or national ori gin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. 13. SECTION 109 OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974 The Contractor will comply with the following provision: No person in the United States may, on the grounds of race, color, national origin, or sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or act ivity funded in whole, or in part, with the funds made available under this title. Any prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975 or with respect to an otherwise qualified handicapped individual as prov ided in Section 504 of the Rehabilitation Act of 1973 will also apply to any such program or activity. 14. SECTION 3 OF THE HOUSING AND URBAN DEVELOPMENT A CT OF 1968 The Contractor will ensure that, to the greatest extent feasible, opportunities for training and employment arising in connection with this CDBG assisted project will be extended to lower income project area residents. 15. MINORITY BUSINESS ENTERPRISE Consistent with the provisions of Executive Order 11246 and OMB Super Circular 2 Part 200, the Contractor will take affirmative steps to ensure minority businesses are used when possible as s ources of supplies, equipment, construction, and servic es. Additionally, the Contractor must document all affirmative steps taken to solicit minority businesses and forward this documentation along with the names of the minority sub-contractors and suppliers to the City upon request. 16. NONDISCRIMINATION The Contractor will not discriminate against any employee or applicant for employment on the basis of race, color, religion, creed, political ideas, sex, age, marital status, physical or mental handicap or national origin. 17. OWNERSHIP AND PUBLICATION OF MATERIAL S All reports, information, data, and other materials prepared by the Contractor pursuant to this contract are to be the property of the City and the agencies which have the exclusive and unres tricted authority to release, publish, or otherwise use this information, in whole or part. All such materials developed under this contract shall not be subject to copyright or patent in the United States or in any other country without the prior written approval of the City and the Department. 18. REPORTS AND INFORMATION The Contractor will maintain accounts and records, including personnel, propert y and financial records, adequate to identify and account for all costs pertaining to this contract and such other records as may be deemed necessary by the City to ensure proper accounting for all project funds, both federal and non- federal shares. These records will be made available for audit purposes to the City or its authorized representative, and will be retained for four (4) years after the expiration of this contract. 19. ACCESS TO RECORDS It is expressly understood that the Contractor's records relating to this contract will be available during 4 normal business hours for inspection by the City, the Department, the U.S. Department of Housing and Urban Development, the U.S. Comptroller General, Office of Inspector General, and, when required by law, representatives of the State of Idaho. 20. CONSTRUCTION AND VENUE This Contractor will be construed under and governed by the laws of the State of Idaho. In the event of litigation concerning it, venue is the 7th Judicial Court in and for the City of Rexburg, Madison County, State of Idaho. 21. INDEMNIFICATION The Contractor waives any and all claims and recourse against the City, including the right of contribution for loss and damage to persons or property arising from, growing out of or in any way connected with or incident to, the Contractor's performance of this contract except for liability arising out of concurrent or sole negligence of the City or its officers, agents or employees. Further, the Contractor will indemnify, hold harmless, and defend the City against any and all claims, demands, damages, costs, expenses or liability arising out of the Contractor’s performance of this contract except for liability arising out of the concurrent or sole negligence of the City or its officers, agents or employees. 22. LEGAL FEES In the event either party incurs legal expenses to enforce the terms and conditions of this contract, the prevailing party is entitled to recover reasonable attorney fees and other costs and expenses, whether the same are incurred with or without suit. 23. SPECIAL WARRANTY The Contractor warrants that nothing of monetary value has been given, promised, or implied as remuneration or inducement to enter into this contract. The Contractor further declares that no improper personal, political, or social activities have been used or attempted in an effort to influence the outcome of the competition, discussion, or negotiation leading to the award of this contract. Any such activity by the Contractor shall make this contract null and void. IN WITNESS WHEREOF, the parties hereto have executed this contract on the 17th day of May, 2023. CONTRACTOR, EAST CENTRAL IDAHO CITY OF REXBURG, IDAHO PLANNING & DEVELOPMENT COMPANY (DBA ALTURA) BY:__________________________________ BY: _________________________________ Rod Bitsoi, Board President Jerry Merrill, Mayor 5 ATTACHMENT A SCOPE OF WORK The City shall pay East Central Idaho Planning & Development Association, Inc. (Contractor) for performance of the services and as detailed in the following pa ragraphs, a sum not to exceed $50,000, unless such sum is subsequently changed by th e agreement of both parties. Payment Requests: Upon Contractor's written request, The City of Rexburg shall make progress payment to Contractor. Billings will occur based on work completed during the previous period and referenced on bills: The Contractor shall perform the activities as identified under the Gr ant Administration. Grant Administration Services: Activities (1 thru 9) listed below will be contingent on the City receiving CDBG funding. 1. Project Set-Up – file set-up, facilitating financial management procedures including cost allocation plan, meetings with grantee and stakeholders, submission of pre-contract documents, responding to inquiries, and explaining CDBG requirements to the Grantee. These services will be completed for a lump sum amount of $ 5,000 . 2. Environmental Review – Conducting an environmental review that complies with 24 CFR Part 58. Duties include, but are not limited to, assessing projec t site, touring the site, gathering and verifying documentation, determining clearance level, preparing an environmental review record. Publishing and posting public notices. Gathering and tracking comments. Collecting any technical environmental studies from design professional. Debriefing City on the review. Establishing mitigation measures. Securing IDC’s environmental concurrence. These services will be completed for a lump sum amount of $1,000. 3. Acquisition and Relocation – Ensure City complies with the Uniform Relocation Assistance and Real Property Acquisition Policies Act for any property, perm anent easements or long-term leases acquired for the CDBG project. Touring of the project site, determining acquisition activity, ensuring grantee meets either the voluntary, basic, or donation requirements as per the Uniform Act. Meeting with property owners. Submission of documentation. The department’s review and approval of process. These services will be completed for a lump sum amount of $ -0_ . 4. Labor Monitoring – Ensuring construction contractors are meeting the requirements of the Davis Bacon Act, Copeland Act, CWHSSA and Fair Labor Standards Act. Duties include, but are not limited to, educating contractors about the labor requirements, providing labor documents and forms to contractors and their sub-contractors, identify appropriate wage determination, requesting additional wage classifications, reviewing and tracking payrolls, conducting employee interviews (on -site or through the mail), traveling to project site, observing workers, comparing payroll reports to interview information, documenting payroll reviews, identifying and investigating errors with contractor, reporting and facilitating the correction of errors or problems to IDC, and completion of required labor reports. These services will be completed for a lump sum amount not to exceed $16,000. 5. Project Monitoring (during procurement a nd construction) – Assist City in setting up the procurement and selection of a design professional and/or contractors in accordance with CDBG requirements. Participating in pre-bid, pre-construction and construction progress meetings. Review of bidding documents, construction progress monitoring, reporting, and construction close-out. These services will be completed for a lump sum amount not to exceed $12,000. 6 6. Financial management duties which includes coordinating contractor and design professional pay applications, preparation of CDBG request for funds, submission of request to IDC and ensuring proper disbursement of CDBG expenditures. These services wi ll be completed for a lump sum amount not to exceed $9,000. 7. Civil Rights – Equal Access – Completing CDBG civil rights activities and documents. Duties include explaining and educating contractors on co mplying with Section 3 requirements and hiring of disadvantaged business enterprises. Submission of RFP to Idaho PTAC. Ensuring accurate c ompletion of Section 3 Reports and the Contractor / Sub-contractor Activity Report. Assisting the City in conducting a Limited English Proficiency (LEP) four-factor analysis. Promoting disadvantage business enterprises and fair bidding practices. Ensure public display of EEO posters. Completing CDBG civil rights activities and documents. These services will be completed for a lump sum amount of $1,000. 8. Fair Housing Actions – Helping to ensure the Grantee is taking steps to affirmativ ely further fair housing. Duties include en suring the Grantee understands and adopts the fair housing resolution, proclaims April as fair housing month, and displays fair housing information. Assist and guide the Grantee in completing a fair housing assessment including identifying contributing factors and actions to mitigate the contributing factors. These services will be completed for a lump sum amount of $500. 9. 504 / ADA Actions – Helping the Grantee to meet CDBG required Section 504 and ADA requi rements. Duties include to help develop (or update) an ADA transition plan. Assist the Grantee in review and completion of the effective communication checklist. Ensure the Grantee has in-place a 504 coordinator, non-discrimination policy and ADA grievance procedure. Ensure the Grantee understands and publishes the – Notice under the ADA Act. If necessary, assist the Grantee in conducting (or updating) a self- evaluation of its facilities, services, and programs. These services will be completed for a lump sum amount of $500. The total amount paid in progress payments as listed above shall not exceed ninety-five percent (95%) of the total compensation sum. 10. Project Close-Out – Documentation that the City has met their CDBG national objective and contractual performance requirements, including substantial completion. Completing ICDBG closeout documents for review and signature. Ensure all project and close out documents are submitted and approved by IDC. Ensure requested documents, concerns, and findings are addressed and resolved. The department’s approval to close out. These services will be completed for a lump sum amount of $5,000. Penalty: The Contractor shall lose $500 for each Finding of Non-Compliance or Finding of Violation attributable to the Contractor’s performance. Performance of Staff: The Contractor will be responsible for the successful performance and completion of services by assigned staff as specified in the scope of work. Contractor will certify staff work is complete and in compliance with all CDBG program requirements prior to requesting payment for services.