HomeMy WebLinkAbout8544RESOLUTION NO. 8544
A RESOLUTION APPROVING AN AMENDED AGREEMENT BETWEEN THE
CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND THE ECONOMIC
DEVELOPMENT ADMINISTRATION (EDA), AMENDMENT TO FINANCIAL
ASSISTANCE AWARD NO. 05 -01- 02935, TO CONSTRUCT INFRASTRUC-
TURE IMPROVEMENTS ON THE HISTORIC ARKANSAS RIVERWALK OF
PUEBLO AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO
EXECUTE SAME
WHEREAS, the Economic Development Administration has approved an
amendment to Financial Assistance Award No. 05 -01 -02935 increasing the recipi-
ent's share of cost by $915,500 in response to the City of Pueblo's request; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO,
COLORADO, that:
SECTION 1
The Pueblo City Council hereby agrees to the terms and conditions of the
Amendment to the Financial Assistance Award Project No. 05 -01- 02935, between
the City of Pueblo, a Municipal Corporation, and the Economic Development
Administration, a copy of which is attached and incorporated herein and having been
approved as to form by the City Attorney is hereby approved.
SECTION 2.
The President of City Council is hereby authorized to execute and deliver
said agreement on behalf of the City of Pueblo, a Municipal Corporation, and the
City Clerk shall affix the Seal of the City thereto and attest to same.
SECTION 3
The City's recipient share of the total project cost of $3,078,000 is hereby
increased by $915,500 for a total recipient's share of $1,878,000. This recipient
share will come from the following two sources: (1) $250,000 from an Energy
Mineral Impact Assistance Grant from the Department of Local Affairs, State of
Colorado; and (2) $1,628,000 will come form the HARP Foundation.
INTRODUCED: _ OCTOBER 13, 1998
BY: Al Guru 1 e
COUNCIL PERSON
ATTESTED BY: APPROVE
CITY CLERK PRESIDENT THE' CITY COUNCIL
I mow■ ■��i� A NwMMJ w
%ftfUWAVU AOPRIlUWAI1 &JAGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL
'CORPORATION, AND THE ECONOMIC DEVELOPMENT ADMINISTRATION (EDA), AMENDMENT TO FINANCIAL
ASSISTANCE AWARD NO. 05 -01- 02935, TO CONSTRUCT INFRASTRUCTURE IMPROVEMENTS ON THE HISTORIC
Title ARKANSAS RIVERWALK OF PUEBLO AND AUTHORIZING THE
PRESIDENT OF CITY COUNCIL TO EXECUTE SAME
Department:
PLANNING & DEVELOPMENT
Date:
Agenda Item # Ll
OCTOBER 13, 1998
ISSUE Should the Pueblo City Council agree to the terms and
conditions of the Amended Financial Assistance Award
from the Economic Development Administration (EDA),
thus allowing the bundling of the entire El Pomar and
Coors gift, and the $1.2 million EDA infrastructure
improvements on the Historic Arkansas Riverwalk of
Pueblo into one project.
BACKGROUND On August 10, 1998, the City of Pueblo accepted the
$1.2 million Financial Assistance Award from the Eco-
nomic Development Administration. Subsequent to the
acceptance of that award, staff members of the City
and the HARP Foundation determined that it would be
more efficient to bundle construction of the Economic
Development Administration infrastructure improvements
with all of the improvements that are to be funded
through the El Pomar and Coors Foundation gifts. These
Foundation funded improvements include the El Pomar
Plaza and Grand entry, and the Lake Elizabeth Plaza and
Boat House (Please see attached map). Staff requested
and was granted a "substitute project" from EDA. The
attached amended agreement to the financial assistance
award reflects the requested substitution. The amount of
money received from EDA will remain at $1.2 million.
The Foundation will pledge the additional $915,000 in
"recipient share of the cost." There will be no cost
impact to the City.
Also attached is a copy of the agreement between the
Foundation and the City that will be entered into by the
Foundation prior to the October 13 Council meeting. The
only new condition placed upon the financial assistance
award is Item 9 on page 4. The City is now in receipt
of this clearance.
RECOMMENDATION Approval of the Resolution.
FORM C0451 U.S. DEPARTMENT OF COMMERCE
® GRANT ❑ COOPERATIVE
REV. 10-83
DAO 203 -26
AGREEMENT
ACCOUNTING CODE
AMENDMENT TO
$
FINANCIAL ASSISTANCE AWARD
s
AWARD NUMBER
05 -01 - 02935
RECIPIENT NAME
AMENDMENT NUMBER
CITY OF PUEBLO
05 - 01 -02935
STREET ADDRESS
EFFECTIVE DATE
No.1 CITY HALL PLACE
July 24,1998
CITY, STATE, ZIP CODE
EXTEND WORK COMPLETION TO
PUEBLO, COLORADO 81003
December 23, 2000
DEPARTMENT OF COMMERCE OPERATING UNIT
Economic Development Administration
COST ARE REVISED
PREVIOUS
ADD
DEDUCT
TOTAL
AS FOLLOWS:
ESTIMATED COST
ESTIMATED COST
FEDERAL SHARE OF
$ 1,200,000.00
$ 0.00
$
$ 1,200,000.00
COST
RECIPIENT SHARE OF
$ 962,500.00
$ 915,500.00
$
$ 1,878,000.00
COST
TOTAL ESTIMATED COST
$ 2,162,500.00
$ 915,500.00
$
$ 3,078,000.00
REASON(S) FOR AMENDMENT
Grant Recipient received additional funding and expanded work involved with project.
This Amendment approved by the Grants Officer is issued in duplicate and constitutes an obligation of Federal funding.
By signing the two documents, the Recipient agrees to comply with the Amendment provisions checked below and
attached, as well as previous provisions incorporated into the Award. Upon acceptance by the Recipient, one signed
Amendment document shall be returned to the Grants Officer and the second document shall be retained by the
Recipient. If not signed and returned by the Recipient within 15 days of receipt, the Grants Officer may declare this
Amendment null and void.
® Special Award Conditions
o Line Item Budget
❑ Other(s):
SIGNATURE OF DEPA THE OF COMMERCE GRANTS O ICER
TITLE
DATE
John D. Woodward / /
Regional Director
September 22, 1998
TYPED ME AND SIGNATURE OF ORIZED RIPIENT OFFICIAL
TITLE
DATE
Cathy A. Garci
President of the Council
October 13 1998
Form ED -508
(Rev. 4194)
EDA Award No.
05 -01 -02935
U.S. DEPARTMENT OF COMMERCE Attachment No. 1
Economic Development Administration
PUBLIC WORKS PROJECT COST CLASSIFICATIONS
State Colorado County Pueblo
Cost Classification
Proposed
Approved
Administrative & legal expenses
$1,000
$1,000
Land, structures, right -of -way,
appraisals, etc.
100
100
Relocation expenses & payments
100
100
Architectural & engineering fees
126,500
165,510
(1)
Other Architectural &
engineering fees
1,000
1,000
Project inspection fees
127,600
133,339
(2)
Site Work
0
0
Demolition and removal
0
0
Construction
1,828,600
2,599,743
(3)
Equipment
0
0
Miscellaneous
0
0
Contingencies
77,600
177,208
(4)
TOTAL PROJECT COSTS
2,162,500
$3,078,000
(5)
Remarks:
(1) Increased to reflect additional costs as a result of the substitute project.
(2) Increased to reflect additional costs as a result of the substitute project.
(3) Increased to reflect additional costs as a result of the substitute project.
(4) Increased to reflect additional costs as a result of the substitute project.
(5) Increased to reflect additional costs as a result of the substitute project.
EXHIBIT "A"
U.S. DEPARTMENT OF COMMERCE
Economic Development Administration
Page 1 of 4
Public Works and Development Facilities
RECIPIENT: CITY OF PUEBLO, CO
Project No.: 05 -01 -02935
SPECIAL AWARD CONDITIONS
1. PROJECT DEVELOPMENT TIME SCHEDULE: The Recipient agrees to the
following Project development time schedule:
Time allowed after approval of Financial Assistance Award for:
Start of Construction .......... ............................... ............................365 days
Construction Period ........................................... .............................15 months
Project Closeout - All Project closeout documents including final financial information
and any required program reports shall be submitted to the Government not more
than 90 days after the date the Recipient accepts the completed Project from the
contractor(s).
The Recipient shall pursue diligently the development of the Project so as to ensure
completion of the Project and submission of closeout documents within this time
schedule. Moreover, the Recipient shall notify the Government in writing of any
event which could delay substantially the achievement of the Project within the
prescribed time limits. The Recipient further acknowledges that failure to meet the
development time schedule may result in the Government's taking action to
terminate the Award in accordance with the regulations set forth at 13 CFR
305.99(b) and 15 CFR 24.43 (53 Fed. EIM 8048 -9, 8102, March 11, 1988).
2. GOALS FOR WOMEN AND MINORITIES IN CONSTRUCTION: Department of
Labor regulations set forth in 41 CFR 60-4 establish goals and timetables for
participation of minorities and women in the construction industry. These regulations
apply to all Federally assisted construction contracts in excess of $10,000. The
Recipient shall comply with these regulations and shall obtain compliance with 41
CFR 60-4 from contractors and subcontractors employed in the completion of the
Project by including such notices, clauses and provisions in the Solicitations for
Offers or Bids as required by 41 CFR 60-4.
The goal for the participation of women in each trade area shall be as follows:
From April 1, 1981, until further notice: 6.9 percent
Exhibit "A"
SPECIAL CONDITIONS
Page 2 of 4
Project No. 05 -01 -02935
All changes to this goal, as published in the Federal Register in accordance with the
Office of Federal Contract Compliance Programs regulations at 41 CFR 60 -4.6, or
any successor regulations, shall hereafter be incorporated by reference into these
Special Award Conditions.
Goals for minority participation shall be prescribed by Appendix B -80, Federal
Re ig ster Volume 45, No. 194, October 3, 1980, or subsequent publications. The
Recipient shall include the "Standard Federal Equal Employment Opportunity
Construction Contract Specifications" (or cause them to be included, if appropriate)
in all Federally assisted contracts and subcontracts. The goals and timetables for
minority and female participation may not be less than those published pursuant to
41 CFR 60 -4.6.
3. RECIPIENT AFFIRMATION OF AWARD: This Financial Assistance Award, subject
to the other Special Conditions and the Standard Terms and Conditions, shall
constitute an obligation to make such Award. If the Recipient fails to affirm its
intention to use the Award in accordance with the terms and conditions of this
Financial Assistance Award, it will be terminated without further cause. By signing
and returning one of the original Award documents, within fifteen (15) days of
receipt, the Recipient affirms that it intends to use the Award in accordance with the
terms and conditions as above - referenced.
4. NEW RESTRICTIONS ON LOBBYING: This Award is subject to section 319 of
Public Law 101 -121, which added section 1352, regarding lobbying restrictions, to
chapter 13 of title 31 of the United States Code. The new section is explained by the
U.S. Department of Commerce in an "Interim Final Rule," 15 CFR Part 28 (55 FR
6736 -0748, 2/26/90). The Recipient and subrecipients are generally prohibited from
using Federal funds for lobbying the Executive or Legislative Branches of the
Federal Government in connection with this Award.
The Recipient shall require each person who requests or receives from the Recipient
a subgrant, contract, or subcontract exceeding $100,000 of Federal funds at any tier
under this Award, to file a "Certification Regarding Lobbying" and, if applicable, a
"Disclosure of Lobbying Activities" form regarding the use of any nonfederal funds
for lobbying. Certifications shall be retained by the next higher tier. All disclosure
forms, however, shall be forwarded from tier to tier until received by the Recipient,
who shall forward all disclosure forms to the Government.
The Recipient shall file and shall further require each subgrantee, contractor, or
subcontractor that is subject to the subrecipient Certification and Disclosure
Exhibit "A"
SPECIAL CONDITIONS
Page 3 of 4
Project No. 05 -01 -02935
provision of this Special Condition to file a disclosure form at the end of each
calendar quarter in which there occurs any event that requires disclosure or that
materially affects the accuracy of the information contained in any disclosure form
previously filed by such person. Disclosure forms shall be handled as described
above.
An Indian tribe or organization that is seeking an exclusion from Certification and
Disclosure requirements must provide (preferably in an attorney's opinion) EDA with
the citation of the provision or provisions of Federal law upon which it relies to
conduct lobbying activities that would otherwise be subject to the prohibitions in and
to the Certification and Disclosure requirements of section 319 of Public Law No.
101 -121.
5. LOCAL SHARE: In affirming this Award, the Recipient certifies that the non - federal
share of project costs is committed and is available as needed for the project, that
the non - federal share is from sources which can be used as match for the EDA
project, and that the non - federal share will not affect ownership of, or title to, the
project facilities. The Recipient further acknowledges that, prior to award of any
construction contracts, it will be required to provide evidence satisfactory to the
Government that all funds necessary to complete the project are available.
6. EXPIRATION OF AVAILABILITY OF GRANT FUNDS: This Award is subject to
Public Law 101 -510, enacted November 5, 1990, Section 1405, amending
Subchapter IV of chapter 15, title 31, United States Code, which prescribes the rules
for determining the availability of appropriations. Accordingly, the grant funds
obligated for this Project will expire in five years from the fiscal year of the grant
award. This requires that the Project be physically and financially complete by
September 30, 2003.
7. ARCHITECT /ENGINEER AGREEMENT: Prior to the disbursement of funds by EDA,
the Recipient shall submit to the Government for approval, an architect/engineer
agreement which meets the requirements of Section I of the EDA publication,
"Requirements for Approved Projects" as well as the competitive procurement
standards of Department of Commerce Regulations at 15 CFR 24.36 or OMB
Circular A -110, as applicable. The fee for basic architect/engineer services shall be
a lump sum or an agreed maximum, and no part of the fees for other services shall
be based on a cost- plus -a- percentage -of -cost or a cost using a multiplier.
Exhibit "K
SPECIAL CONDITIONS
Page 4 of 4
Project No. 05 -01 -02935
8. TITLE: Prior to disbursement of funds by EDA, the Recipient shall provide evidence
satisfactory to the Government that the Recipient has acquired good and
merchantable title, free from all mortgages or other foreclosable liens, to all land,
rights -of -way and easements necessary for the completion of the project.
9. SHPO CLEARANCE: Prior to the advertisement for construction bids, the Recipient
shall provide satisfactory evidence to the Regional Environmental Officer that the
State Historic Preservation Officer has concurred with EDA's determination of no
adverse effect.