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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.