Loading...
HomeMy WebLinkAbout00- HRDC; Armory - Agreement ~ . AGREEMENT THIS AGREEMENT is entered into by the City of Bozeman, herein referred to as the "City", and the Human Resource Development Council of District IX, Inc., herein referred to as the "HRDC". RECITALS A. The City sponsored a Community Development Block Grant for Public Facilities on behalf of the HRDC to obtain funding to rehabilitate the property known as the "Armory" at 32 South Tracy, Bozeman MT. The property, which is owned by the HRDC, upon completion will house the HRDC's Supportive Services Offices from which to provide supportive services to lower income persons. B. The City received the CDBG funds to rehabilitate the property. C. The City, in its capacity as a CDBG grantee, has detennined that the HRDC, as the owner of the property and designer of the project, has extensive community development experience and should implement the construction program. D, This Agreement between the City and the HRDC will facilitate mutual cooperation in implementing the CDBG funds for rehabilitating the HRDC property. E. The City has experienced building, engineering and planning staff who will assist the HRDC with the site improvement elements of the project; rehabilitation of the building; and processing of grant requirements. F, This Agreement affects only the specific project identified in the City's CDBG grant application and does not affect or govern any other construction or improvements undertaken by the HRDC on any other property G. Both parties to this Agreement understand that neither party involved herein has in any way, expressly or implied, abrogated any of its individual powers, and that this AGREEMENT does not create any new organizational or legal entity. THE PARTIES HERETO THEREFORE AGREE AS FOLLOWS: I. Responsibilities Retained by the City A. The City's staff in the building, planning and engineering departments, will provide assistance in the design, construction and installation of the site improvements, including, but not limited to, the following: 1. Reviewing as required engineering and architectural design 2, Overseeing the preparation of bid requests, letting of bids and awarding of contracts. 3. Perfonning inspections for the rehabilitation work. 4. Ensuring compliance with building codes and standards. B, Upon review of the bids and recommendation of the project architect, a contractor will be selected to rehabilitate the building. The City Commission will award the Contract according to prescribed procedures although the HRDC will be the actual contracting party and signatory on all construction contracts for the projects. Bid solicitation documents will reflect this requirement. C, All responsibilities not delegated to the HRDC under this Agreement remain the responsibility of the City. I , . II. Delell:ation of ResDonsibilities A. The HRDC will independently retain the services of a consulting engineer and architectural finn to design and supervise the installation of site improvements and oversee construction of the buildings. B. The HRDC will be responsible for all facets of the design and construction phases of the building rehabilitation including the following: 1. Project design, engineering, and architecture. 2. Supervision of the construction process. 3. Except as provided by Paragraph IV, Administration below, compliance with all other state and federal requirements contained in the Statement of Assurances submitted to the Department with the City's application for CDBG assistance dated May 1999. 4. Except as provided by Paragraph IV, Administration below, compliance with all other state and Federal requirements as described in the Montana CDBG Grant Administration Manual. 5. Preparation of bid documents for rehabilitation of the building. 6. Supervision of the bid process, awarding of contracts, and rehabilitation of the building. C. The HRDC will receive, review and approve all requests for payment for items contained in Paragraph B, above, and prepare and submit such requests to the City Commission in a timely fashion. Requests for payment will be acted upon promptly by the City Commission in accordance with established procedures. D. During the tenn of this Agreement, the HRDC will maintain adequate and reasonable records of its perfonnance hereunder in a manner consistent with generally accepted accounting principles. The HRDC will allow the City and the Department and their authorized representatives access to those records at any time during nonnal business hours. At the request of the City the HRDC will submit to the City, in the fonnat prescribed by the City, status reports on its perfonnance under this Contract. Status reports may not be requested more frequently than monthly. E. The HRDC will provide documentation that the share of the project funds that exceeds the CDBG funds is available for injection into the project no later than the time that the bid for construction of the buildings is awarded. III. Payment of Design. Construction and Installation Costs A. The HRDC shall be responsible for reviewing and approving all payment requests in connection with design and rehabilitation of the building. Requests for payment from CDBG funds or City funds shall be submitted to the City for payment. B. Upon receipt of an approved claim for payment from the HRDC for allowable project costs as specified in the City's Grant Contract with the Department, a copy of which is appended as Attachment A of this Agreement, and which by this reference is made a part hereof, the City will request the required amount of CDBG funds from the Department, and upon receipt of these funds, the City will honor the claim and pay the funds directly to the entity requesting payment. 2 .-..--.-.......--- -... -----..-..-.----- , . . C. The City will deduct a retainage from each payment request equal to ten percent (10%) from each payment request submitted by the HRDC for payment of rehabilitation costs, and hold this retainage until construction is complete, the architect approves final payments, and the project is accepted, all in accordance with the conditions of the construction contract. IV. Duration of Contract A. This AGREEMENT takes effect when the following conditions are satisfied: 1. The Department of Commerce and the City have executed the COBG grant Contract; 2. The Department of Commerce has approved the HRDC's "Request for Release of Funds and Certification. " 3. The City's Attorney and the attorney for the HRDC have approved this Agreement as to form and content. 4. The City Commission and the HRDC have agreed fully to its terms and conditions. B. This Agreement will terminate 90 days after the Montana Department of Commerce closes out the CDBG grant with the City. V. Administration A. For purposes of communication concerning performance of this Contract, the City Commission and the HRDC shall each designate a contact person for ongoing communication concerning the performance of this Contract. The persons designated for contact will meet as necessary to provide for the efficient and smooth implementation of this AGREEMENT and shall report to the City Commission and the HRDC Chief Executive Officer. B. The HRDC will comply with the federal administrative requirements contained in 24CFR sections 70.502 as applicable. C. HRDC will carry out each activity under this AGREEMENT in compliance with all federal laws and regulations described in 24 CFR section 570.600 through 570-612 (Subpart K) except that: 1. HRDC does not assume the City's role as environmental certifying officer as described in 24 CFR Section 570.502; 2. HRDC does not assume the City's responsibility for initiating the review process under the provisions ofCFR Part 52. VI. Disposition of Site ImDrovement Upon expiration ofthis Contract, the HRDC will transfer to the City any COBG funds on hand at the time of expiration. The HRDC, as a non-profit 501 (c )(3) organization, will retain title and control and manage the CDBG assisted property after completion of the project. HRDC will maintain the real property assisted under this Agreement for the sole purpose of providing services for low and very low-income households for a period of thirty years. 3 _ '~'n~ ...__.~_'_...__.__' ___ . _'"---.-.::__..______.. ___._..u__..__ . ... ,." ~, , t ~ VII. Indemnification The HRDC 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 HRDC's performance under this Contract, except claims arising from the concurrent or sole negligence or other acts of the City or its officers, agents, or employees. The HRDC will indemnify, hold harmless, and defend the City against all claims, demands, damages, costs, expenses, or liability arising out of the HRDC's performance of this Agreement except for liability arising out of the concurrent or sole negligence or other acts of the City or its officers, agents or employees. VIII. SusDension of Termination In accordance with 24 CFR 85.43, the City may suspend or terminate this Agreement if the HRDC materially fails to comply with any term of the City's grant Contract with the Department. In addition, the City may terminate this Agreement if its CDBG Grant Contract with the Department is terminated by the Department for convenience in accordance with 24 CFR 85.44. THIS AGREEMENT has been approved by the City Commission and the HRDC Board of Directors. Bozeman City Commission ..::=- \ . \ 3\Zi~z.O=C City Manager Date ~:l:X ~ Clerk of the Commission ~/DA " Date ATTEST: I{~ HRDC Secretary/Treasurer 4