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HomeMy WebLinkAboutCity of Carmel/Hamilton Co./Auman & Newark Improvement Grant FUNDING AGREEMENT APPROVED X€ S FORM By GRANT NO: HCCDBGR -09 -7 City of Camel Auman and Newark Neighborhood Improvements -Phase I FY2009 CDBG -R This Agreement is entered into as of the date indicated in the Time of Performance by and between the Board of County Commissioners, Hamilton County, Indiana (County), and the Subrecipient i.e. that is, City of Carmel executing this Agreement. WITNESSETH THAT: WHEREAS, pursuant to Title I of the Housing and Community Development Act of 1974, as amended (called "The Act the Subrecipient has applied for and received a Community Development Block Grant (CDBG) for certain community development activities through the special allocation of CDBG funds included in the American Recovery and Reinvestment Act of 2009 signed into law by President Obama in February of 2009 (CDBG -R); and WHEREAS, the Subrecipient has entered into a Cooperation Agreement with the County for the purpose of making application for Community Development Block Grant funds; and WHEREAS, the County is a grantee of funds from the United States Department of Housing and Urban Development, hereinafter referred to as "HUD," responsible for the development, implementation, administration, and evaluation of HUD's Community Development Block Grant program, hereinafter referred to as "CDBG in Hamilton County, exclusive of the towns of Arcadia, Atlanta and Sheridan; and WHEREAS, by Resolution, the Board of Hamilton County Commissioners approved allocations for its FY 2009 CDBG -R program and published a Final Statement of Activities and List of Projects; and WHEREAS, It is necessary that the County and the Subrecipient enter into an Agreement for the implementation of approved projects; and WHEREAS, the Cooperation Agreement between the County and the Subrecipient permits the County to implement projects located within the boundaries of the Subrecipient. NOW, THEREFORE, the parties do hereto mutually agree as follows: 1. CONTRACT WITH SUBRECIPIENT: The County hereby agrees to engage the Subrecipient, and the Subrecipient hereby agrees to perform the services hereinafter set forth in connection with the County CDBG -R program under a grant and contract from U.S. HUD and to be subject to the terms and conditions of said grant to the County by HUD and in conformity with all applicable federal, state, and local laws to which Subrecipient and its employees are subject. 2. SCOPE OF SERVICES: The Subrecipient hereby agrees to use CDBG -R program funds for the purpose of implementing the activity described in Attachment I- Statement of Work, which is attached hereto and made a part hereof as if fully rewritten. Changes to Attachment I Work Program, may be requested from time to time by either the 1 County or the Subrecipient, and shall be incorporated in written amendments to this Agreement. 3. NATIONAL OBJECTIVES: The Subrecipient certifies that the County's CDBG -R program provided for herein gives maximum feasible priority to activities which benefit low or moderate income families or aid in the prevention or elimination of slums and blight. The statement of work shall include a description of the work to be performed, a schedule for completing the work and a budget. 4. TIME OF PERFORMANCE: The effective date of the Agreement shall be June 28, 2010 through December 31, 2010. at which time all work must be satisfactorily completed in compliance with this Agreement. The responsibilities of the Subrecipient are to commence upon the effective date of this Agreement or in accordance with the Attachment I Work Program. However, communities will have a 30 -day grace period to submit a request for final payment. It should be understood that Hamilton County will not honor any requests for reimbursement received after January 31, 2011. They will instead become obligations of the Subrecipient. 5. COMPENSATION: The County shall compensate the Subrecipient for all expenditures made in accordance with the schedule set forth in Attachment II Work Program Budget, in an amount not to exceed the amount stated in the Work Program Budget. A. CDBG -R Grant: The County shall allocate funding from the following funding sources: (1). FY09 CDBG -R entitlement in the amount of One Hundred and Sixty two Thousand Four Hundred and Ninety two Dollars ($162,492) only for the payment of eligible project construction expenditures incurred by the Subrecipient carrying out the FY2009 Auman and Newark Neighborhood Improvements Phase I. Any funding not utilized for the current project will be held for future projects assuming that the CDBG program receives future funding. B. Local Match: Based on the selected contractor's bid of One Hundred Sixty Two Thousand ($162,000), the Sub recipient shall allocate in local matching funds $0 for additional costs associated with the project. C. Conditions: 1) Easements must be identified and obtained prior to award of a construction contract. 2) Special CDBG -R conditions The Grantee (contractor) shall comply with reporting requirements established by HUD and OMB (including all revisions to such reporting requirements). Section 1605 Buy America The Recovery Act imposes a Buy American requirement on the funding provided thereunder. Specifically, section 1605 (the Buy American requirement) of the Recovery Act states that: (a) None of the funds appropriated or otherwise made available by this Act may be used for a project for the construction, alteration, maintenance, or repair of a public building or public work unless all of the iron, steel, and manufactured goods used in the project are produced in the United States. 2 Section 1512 FederalReporting.gov The contractor shall provide to the City an estimate of the number of new positions created and filed, positions retained, or previously existing unfilled positions that are filled or retained as a result of this contract. The estimated number shall be expressed as full -time equivalent (FTE), calculated cumulatively as all hours worked divided by the total number of hours in a full -time schedule. The contractor shall update the information regarding jobs creation and retention on a quarterly basis, and shall provide each updated report to the City no later than 3 business days after the end of the quarter. (First reporting period will be 10/1/09 12/31/09.) D. Excess Funds: Excess funds from completed projects shall be returned to the County. 6. METHOD OF PAYMENT: Subject to receipt of funds from the U.S. Treasury, the County agrees to reimburse the Subrecipient for authorized expenditures for which vouchers and other similar documentation to support payment expenses are maintained under those generally accepted accounting principles and procedures approved by the County and outlined in 24 CFR Part 85 the "Common Rule" and the Federal Office of Management and Budget Circular A -87 Cost Principles for State and Local Governments. Such documentation shall be submitted to the County through the Noblesville Housing Authority. Payment shall be made within thirty (30) days of receipt by the County of a statement of expenses for satisfactorily completed work providing that funds for the project have been deposited with the County by the U.S. Treasury. The Subrecipient further agrees to comply with all the uniform administrative requirements described in 24 CFR Section 570.502. A. Restriction on Disbursements: 1) No money shall be disbursed from the County to Subrecipient if County has determined that Subrecipient and its Contractor(s) are not in compliance with applicable U.S. HUD and County Accounting, Fiscal, Environmental, EEO and Federal Labor requirements. 2) No money shall be disbursed from the Subrecipient to Contractor unless the Contractor has met all requirements under the County CDBG Program or applicable Federal, State, and Local law. B. Documents of Costs: All costs shall be recorded by budget line items and be supported by properly executed payrolls, time records, invoices, contracts or vouchers, or other official documentation evidencing in proper detail the nature and propriety of the charge. All checks, payrolls, invoices, contracts, vouchers, or other accounting documents pertaining in whole or in part to this Agreement shall be clearly identified and readily accessible. C. Final Payment: Prior to processing a final payment, a Final Inspection form must be signed by a designated community official, and /or county engineer /consulting engineer /architect or inspector and a representative of the Noblesville Housing Authority. 7. EXCESS FUNDS: Any and all unspent excess funds will be returned back to the County and may only be expended for eligible CDBG activities as identified in HUD implementing 3 regulation 570.200 Basic Eligible Activities, in accordance with Section 105 of Title V of the Housing Community Development Act of 1987. 8. PROGRAM INCOME: The Subrecipient must inform the County of any program income generated by spending CDBG funds. Said program income must be returned to the County. The County has the responsibility for monitoring and reporting to HUD on the use of any such program income thereby requiring appropriate record keeping and reporting by the participating unit as may be needed for this purpose. In the event of close -out or change in status of the participating unit, any program income that is on hand or received subsequent to the close -out or change in status shall be paid to the County. 9. ACKNOWLEDGEMENT OF HAMILTON COUNTY: The Subrecipient will acknowledge the Hamilton County Commissioners in all meetings and in publicity settings through any of the news media, newsletters and flyers or in lecture or information speeches by Subrecipient officers or program staff. The Subrecipient shall state on all letterhead, flyers, signs, displays, and newsletters that they are a Subrecipient of the County. 10. RECORDS TO BE MAINTAINED /AUDITS /ACCESS TO RECORDS: The Subrecipient agrees and understands that the expense of performing inspections and audits required by HUD are part of the project costs. It will give HUD and the Controller General or any authorized representatives access to and the right to examine and copy all records, books, papers, or documents related to the grant, and it will maintain such records, books, papers or documents for three (3) years after the close of the Project. All projects and programs funded under this Agreement are subject to on -site monitoring by Hamilton County. 11. SINGLE AUDIT: The next Single Audit governing the period of this Agreement must be submitted to the Noblesville Housing Authority for review. 12. BIDDING /BONDING: Subrecipient agrees to comply with 24 CFR Part 85, the "Common Rule, A. Minority Business Entrepreneurship: The Subrecipient hereby agrees to assist Hamilton County in increasing its Minority Business Entrepreneurship participation. Accordingly, affirmative steps should be taken to assure that small and minority businesses are utilized when possible as sources of supplies, equipment, construction, and services. B. Professional Services: In the procurement of construction engineering, architectural and consulting services, Subrecipients are financially responsible for the contracting of professional services. 13. SUBCONTRACTING: The services covered by this Agreement shall be subcontracted only with approval by the County. All work or services covered by this Agreement which is subcontracted by the Subrecipient shall be specified by written contract and subject to all Subrecipient provisions of this Agreement. 14. DAVIS- BACON: 4 A. Department of Labor Regulations: If projects involve construction or completion of any building (except rehabilitation of residential property for fewer than eight (8) families and for contracts under $2,000.00, they are subject to HUD requirements pertaining to such contracts and the applicable Department of Labor regulations(29 CFR, parts 3, 5 and 5a). In addition, the Subrecipient shall make no award to any contractor who is at the time ineligible under Department of Labor regulations. B. Fair Labor Standards: Fair Labor Standards require the inclusion of Federal Wage Decisions and Labor Standards provisions in all bid documents and construction contracts in excess of $2,000.00. Therefore, Contractors or their Subcontractors must pay workers employed directly upon the site of the CDBG work no less than the locally Federal Prevailing wage and fringe benefits as determined by the Secretary of Labor, and supplied by the Indianapolis Area Office, U.S. Department of Housing and Urban Development. C. Contract Work Hours Safety Standards Act: All contracts in excess of $2,000.00 for construction and in excess of $2,500.00 for other contracts which involve the employment of mechanics or laborers shall include a provision mandating compliance with section 102 of the Contract Work Hours and Safety Standards Acts, P.L. 87 -581, (40 USC 327 -333). D. Anti- Kickback Act: All contracts for construction and repair shall include a provision mandating compliance with the Copeland "Anti- Kickback" Act (40 USC 276c)) as supplemented by the Department of Labor Regulations (29 CFR Part 3). E. Disbarred Contractors: The Subrecipient further agrees that it will refrain from entering into any contract or contract modifications with a Contractor disbarred from or who has not demonstrated eligibility for government Contracts and federally- assisted construction contracts pursuant to the executive Order 11246, and will carry out such sanctions and penalties for violations of the Equal Opportunity Clause as may be imposed upon Contractors and subcontractors by the Department of Labor pursuant to part II, Subpart D of the Executive Order. In addition, the Subrecipient agrees that if it fails or refuses to comply with these undertakings, HUD may take any or all of the following actions: cancel, terminate, or suspend in whole or in part the grant or loan guarantee, refrain from extending any further assistance to the Subrecipient under the program with respect to which failure or refusal occurred until satisfactory assurance of future compliance has been received from such Subrecipient; and render the case to the Department of Justice for appropriate legal proceedings. 15. INDEMNIFICATION: Subrecipient agrees to protect, defend, indemnify and save harmless the County from and against any and all liability, damages, claims, suits, liens and judgments of whatever nature including but not limited to claims for contributions and /or indemnification for injuries to or death of any person or persons, caused by, in connection with or arising out of any activities undertaken pursuant to this Agreement. Subrecipient's obligation to protect, defend, indemnify and save harmless as set forth in this paragraph, shall include any and all attorney's fees incurred by the County, in the defense and /or handling of said suits, demands, judgments, liens, claims and the like and all attorney's fees and investigation expenses incurred by County in enforcing and /or obtaining compliance with the provisions of this paragraph. 5 Subrecipient further agrees to protect, defend, indemnify and save harmless the County from any claims against or liability for compensation under the Workmen's Compensation Act arising out of injuries sustained by any employees of Subrecipient or of any licensees, Contractors or Subcontractors of Subrecipient. Subrecipient will reimburse the County for any judgments that may be obtained against the County resulting from the work hereunder or the use of any work product of the Subrecipient including judgments for infringement of patent or copyright rights. Subrecipient agrees to defend against any such claims if legal actions of called upon by the County to do so. 16. TERMINATION FOR CAUSE: The County may terminate this Agreement and such additional supplemental agreements hereafter executed, in whole or in part, and may recover any CDBG funds at its discretion if the Subrecipient: A. Violates any provision of this Agreement; B. Violates any provision of the Housing and Community Development Acts of 1974 and 1977, as amended; C. Violates any applicable regulations or terms and conditions of approval of the applications which the Secretary of HUD has issued or shall subsequently issue during the period of this Agreement; or D. Fails to complete the project in a timely manner. Not withstanding the above, the Subrecipient shall not be relieved of liability to the County for damage sustained by the County by virtue of any breach of the Contract by the Subrecipient and the County may withhold any payments to the Subrecipient for this purpose until such time as the exact amount of damages due the County from the Subrecipient is determined as complete liquidated damages for the termination of this Contract. 17. TERMINATION FOR CONVENIENCE: The County may also terminate this Agreement and such additional supplemental agreements hereafter executed, in whole or in part, by giving the Subrecipient thirty (30) days written notice, in the event that the Secretary of HUD: A. Withdraws funds allocated to the County under its application for program activities that substantially prevent performance of the County's CDBG program; B. Terminates the County's funding allocation pursuant to an Act of Congress; or C. Fails to approve a grant application filed by the County. The Subrecipient may terminate this Agreement after holding a public hearing (subject to proper notification of their citizens and the media) and obtaining citizen input into dropping an approved project under this Agreement. 18. REVERSION OF ASSETS: Upon expiration or termination of this Agreement, the Subrecipient shall transfer to the County any unspent excess CDBG funds. 19. EQUAL OPPORTUNITY: 6 The Subrecipient agrees to comply with; A. Title VI of the Civil Rights Act of 1964 (P.L. 88 -352) and the HUD regulations under 24 CFR Part 1 that no person in the United States shall, on the grounds of race, color, or national origin, be otherwise subjected to discrimination under any program or activity receiving federal financial assistance by way of grant, loan, or contract and will immediately take any measures necessary to effectuate this Agreement. If any real property or structure thereof is provided or improved with the aid of federal financial assistance extended to the Subrecipient, this assurance shall obligate the Subrecipient, or in the case of any transfer of such property or structure is used for a purpose of which the federal financial assistance is extended or for another purpose involving the provision of similar services or benefits. B. Title VIII of the Civil Rights Act of 1968 (P.L. 90 -284), amended by the Housing and Community Development Acts of 1974 and 1977, and the Fair Housing Amendment Act of 1988 will administer all program and activities relating to housing and community development in a manner to affirmatively further fair housing throughout the United States. C. Section 109 of the Housing and Community Development Acts of 1974 and 1977, as amended, and in conformance with all requirements imposed by or pursuant to the regulations of HUD (24CFR part 570.601) issued pursuant to that Section; and in accordance with equal opportunity obligations of that Section, no person in the United States shall, on the grounds of race, color, national origin or sex, be excluded from participation in, be denied the benefits of, be subjected to discrimination under, any program or activity funded in whole or in part with the community development funds. D. Executive Order 11063 on equal opportunity in housing and related facilities owned or operated by the Federal Government or provided with federal assistance. E. Executive Order 11246, as amended, requiring nondiscrimination and affirmative action to assure nondiscrimination in employment by government contractors and subcontractors and under federally assisted construction contractors. F. Section 3 of the Housing and Urban Development Act of 1968, (12 USC 1701 u) as amended, the HUD regulations issued pursuant thereto (24 CFR Part 135) as follows: 1.) Compliance: The work to be performed under this contract is a project assisted under a program providing CDBG financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, (12 U.S.C. 1701u). Section 3 requires that to the greatest extend feasible opportunities for training and employment be given to low- and very low- income residents of the project area and contracts for work in connection with the project be awarded to business concerns that provide economic opportunities for low- and very low- income persons residing in the metropolitan area in which the project is located. 2.) Further Training Opportunities: The Subrecipient further agrees to ensure that opportunities for training and employment arising in connection with a 7 housing rehabilitation (including reduction and abatement of lead -based paint hazards), housing construction, or other public construction project are given to low- and very low- income persons residing within the metropolitan area in which the CDBG- funded project is located; where feasible, priority should be given to low- and very low- income persons within the service area of the project or the neighborhood in which the project is located, and to low- and very low- income participants in other HUD programs; and award contracts for work undertaken in connection with a housing rehabilitation (including reduction and abatement of lead based paint hazards), housing construction, or other public construction project are given to business concerns that provide economic opportunities for low- and very low- income persons residing within the metropolitan area in which the CDBG funded project is located; where feasible, priority should be given to business concerns which provide economic opportunities to low- and very low- income residents within the service area or the neighborhood in which the project is located, and to low- and very low income participants in other HUD programs. 3.) Notifications: The Sub recipient agrees to send to each labor organization or representative of workers with which it has a collective bargaining agreement or other contract or understanding, if any, a notice advising said labor organization or worker's representative of its commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. 4.) Subcontracts: The Sub recipient will take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the grantor agency. The Subrecipient will not subcontract with any entity where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR 135 and will not let any subcontract unless the entity has first provided them with a preliminary statement of ability to comply with the requirements of these regulations. 5.) Other Compliance: The Subrecipient further agrees to comply with all the uniform administrative requirements as described in 24 CFR Section 35.38. 20. COMPLIANCE WITH ENVIRONMENTAL REQUIREMENTS: The Subrecipient agrees to comply with the provisions of the National Environmental Policy Act of 1969 insofar as the provisions of such Act apply to activities set forth in Attachment I Statement of Work. The County agrees to assume responsibility for preparing Environmental Assessments and Environmental Impact Statements as required. 21. COMPLIANCE WITH FLOOD DISASTER PROTECTION ACT: This Agreement is subject to the requirements of the Flood Protection Act of 1973 (P.L. 93 -234). No portion of the assistance provided under this Agreement is approved for acquisition of construction purposes as defined under Section 3(a) of said Act, for use in an are identified by the Secretary as having special flood hazards which is located in a community not then in compliance with the requirements for participation in the national flood insurance program pursuant to Section 201 (d) of said Act; and the use of any assistance provided under this Agreement for such acquisition or construction in such identified areas in communities then participating in the national flood insurance program shall be subject to the mandatory purchase of flood insurance requirements of Section 102 (a) of said Act. 8 22. HATCH ACT: The Subrecipient agrees that no funds provided, nor personnel employed under this contract, shall be any way or to any extent engaged in the conduct of political activities in violation of Chapter 15 of Title V United States Code. 23. CONFLICT OF INTEREST: The Subrecipient agrees to abide by the provisions of 24 CFR 570.611 with respect to conflicts of interest, and covenants that it presently has no financial interest and shall not acquire any financial interest, direct, or indirect, which would conflict in any manner or degree with the performance of services required under this Agreement. The Subrecipient further covenants that in the performance of this Agreement no person having such a financial interest shall be employed or retained by the Subrecipient hereunder. These conflict of interest provisions apply to any person who is an employee, agent, consultant, officer, or elected official or appointed official of the Grantee, or of any designated public agencies or Subrecipient that are receiving funds under the CDBG Entitlement program. 24. LOBBYING: The Subrecipient hereby certifies that: A. No federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement; B. 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 agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form- LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; C. It will require that the language of paragraph (d) of this certification be included in the award documents for all awards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all Subrecipients shall certify and disclose accordingly; and D. Lobbying Certification (Paragraph d) This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 25. RELIGIOUS ORGANIZATION: The Subrecipient agrees that funds provided under this contract will not be utilized for religious activities, to promote religious interests, or for the benefit of a religious organization in accordance with the federal regulations specified in 24 CFR 570.200(j). 26. ACQUISITION /RELOCATIONS: If projects involve the acquisition of real property, they are subject to the Uniform Relocation Assistance and Real Property Acquisition Policies 9 Act (PL 91 -646) and applicable HUD regulations (24 CFR Part 42) to or for families, individuals, partnerships, corporations or associations displaced as a result of any acquisition of real property for an activity assisted under the Housing and Community Development program. Affected persons shall be informed of the policies and procedures of the relocation program. If projects involve the sale, lease or other transfer of land acquired, cleared or improved with assistance provided under the County's CDBG program, they are subject to a covenant running with the land to be inserted in the deed or lease for such transfer, prohibiting discrimination upon the basis of race, color, religion, sex or national origin, in the sale, lease or rental, or in the use of occupancy of such land or any improvements erected or to be erected thereon, and provided that the Sub recipient, Hamilton County and the U.S. are beneficiaries of and entitled to enforce such covenant. The following standards shall apply to real property acquired or improved in whole or in part using CDBG funds that is within the control of a participatinq unit of local government: A. The Sub recipient will notify the County as soon as it knows of any modifications or changes in the use of the real property from that planned at the time of acquisition or improvement including disposition; B. The Subrecipient will be required to reimburse the County in the full amount equal to the current fair market value (less any portion thereof attributable to expenditures of non -CDBG funds) of property acquired or improved with CDBG funds that is sold or transferred for a use which does not qualify under the CDBG regulations. 27. AMENDMENTS: The Grantee or Sub recipient may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each organization, and approved by the Grantee's governing body. Such amendments shall not invalidate this Agreement, nor relieve or release the Grantee or Sub- recipient from its obligations under this Agreement. Amendments or changes orders increasing total costs may or may not receive additional CDBG funds based upon availability. The Grantee may, in its discretion, amend this Agreement to conform with Federal, state or local governmental guidelines, policies and available funding amounts, or for other reasons. If such amendments result in a change in the funding, the scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both Grantee and Sub recipient. 28. NOTICES Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, or personal delivery or sent by facsimile or other electronic means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice. Communication and details concerning this contract shall be directed to the following contract representatives: Grantee Sub recipient 10 Mark McConaghy, CDBG Coordinator Mike McBride, City Engineer Hamilton County CDBG Program City of Carmel Noblesville Housing Authority One Civic Square 320 Kings Lane Carmel, IN 46032 Phone: 317- 773 -5110 Phone: 317- 571 -2241 Fax: 317- 774 -0079 Fax: 317- 571 -2439 29. AGREEMENT: If any provision of this Agreement is held invalid, the remainder of the Agreement shall not be affected thereby and all other parts of this agreement shall nevertheless be in full force and effect. This agreement between the County and the Sub recipient for the Hamilton County CDBG program is designated as project number HCCDBGR -09 -7 and will be in effect upon signing. The Subrecipient further agrees to comply with all program requirements of 24 CFR Part 570 subpart K that are not herein before addressed. 11 ALL OF WHICH IS RESOLVED by the Board of Commissioners of Hamilton County on this 28 day of June, 2010. BOARD OF COMMISSIONERS OF HAMILTON COUNTY Christine tman e, A Steven C. Dillinger Steven A. Holt ATTEST: 120. I1 @th Dawn Coverdale, Auditor IN WITNESS WEREOF, the parties hereto have made and executed this Agreement as follows: CITY OF CARMEL, INDIANA by and through its Board of Public Works and Safety BY: P mes Brainard, Presiding Offic Date: 7 r c Ma A B urke, Member Date: 7 7 Jo Lori S. Wat on, -tuber Date: 1 h 1 ATTE T: Saner M. Johnso9 Deputy Clear for Diana L. Cordri IAM Clerk- Treasurer Date: 12 ATTACHMENT I WORK PROGRAM City of Carmel Auman and Newark Neighborhood Improvements -Phase 1 [HCCDBGR -09 -7] Project Description: A sidewalk will be installed along the south side of 126 St between Oswego Rd and the Mohawk Apartments and along the east side of Oswego Rd from 126 St to Ute Dr. The Oswego portion will also include drainage improvements. This project will allow for a full network of sidewalks along 126 St and provide a safe walking and bicycling environment as well as improve a much needed drainage issue within the neighborhood. The project will serve residents of Block Group 1110.55 -2 with 2,331 households of which 34.4% are low and moderate income. Project Area: The project area is a target area bordered by 126thStreet on the North, Mohawk Apartments on the east, Rangeline Road on the West and a business development and commercial area to the south on the north side of Carmel Drive. Project Schedule: Preliminary Engineering Completed Final Engineering Completed Bidding 05/10 Construction Completed 12/31/10 Final Payment 01/31/11 Program Change: Changes orders increasing the cost or scope of the contract will receive Hamilton County participation only to those limits as described in Section 27 of this document. Participation by the county will not exceed the grant amount as described in Section 5(a) of this agreement. 13 ATTACHMENT II WORK PROGRAM BUDGET City of Carmel Auman and Newark Neighborhood Improvements -Phase I [HCCDBGR -09 -7] A total of $220,359 was approved for City of Carmel Auman and Newark Neighborhood Improvements -Phase I in Hamilton County's CDBG program for fiscal year 2009. All architecture and engineering /inspection costs are the responsibility of the local community. This grant covers construction costs only. The selected contractor's bid shows the total construction costs to be 162,000. Based on this bid, CDBG funds will cover 100% of the actual construction cost. Upon completion of the project any unused funds will be returned to the County's CDBG program for future CDBG eligible projects in the city of Carmel. Contractor: Calumet Civil Contractors, Inc. Estimated Construction costs': Hamilton County CDBG Funds Base Bid: 162,000 100% Total Construction Cost 162,000 100% Subrecipient, Local Match* 0 0% Subrecipient also responsible for all soft costs associated with project 14