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HomeMy WebLinkAbout09358RESOLUTION NO. 9358 A RESOLUTION APPROVING AN AGREEMENT AND ACCEPTANCE OF THE FINANCIAL ASSISTANCE AWARD NO. 05 -01 -03654 BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND THE U.S. DEPARTMENT OF COMMERCE, ECONOMIC DEVELOPMENT ADMINISTRATION (EDA), RELATING TO THE EL PUEBLO PLAZA PROJECT AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME WHEREAS, the Economic Development Administration has approved a Financial Assistance Award No. 05 -01 -03654 in an amount not to exceed $600,000 in response to the City of Pueblo's application for Federal assistance to acquire property and make site improvements as part of the El Pueblo Plaza Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SF.CTTON 1 _ The terms and conditions of the Grant Agreement for Financial Assistance Award Project No. 05 -01 -03654 between the City of Pueblo, a Municipal Corporation, and the U.S. Department of Commerce, Economic Development Administration, a copy of which is attached hereto and on file in the office of the City Clerk, having been approved as to form by the City Attorney, is hereby approved. SF,CTION 2_ The President of City Council is hereby authorized to execute and deliver the Grant Agreement in the name of and on behalf of the City of Pueblo, a Municipal Corporation, and the City Clerk shall affix the Seal of the City thereto and attest same. SECTION 3. The City's recipient share of the total project cost of $1,305,500 is $705,500. The recipient share is hereby appropriated from the following two sources: (1) $600,000 from Account CP 0023, No. 401 - 0000 - 600- 70 -10; and (2) $105,500 from the HARP Foundation. INTRODUCED: August 13, 2001 C APPROVED: CITY COUNCIL ATTESTED BYE ` ITY CLERK Am. X9358 7,�� LJ ED � 1, Background Paper for Proposed RESOLUTION AGENDA ITEM # /j DATE: AUGUST 13, 2001 DEPARTMENT: PLANNING AND DEVELOPMENT JIM MUNCH, DIRECTOR TITLE A RESOLUTION APPROVING AN AGREEMENT AND ACCEPTANCE OF THE FINANCIAL ASSISTANCE AWARD NO. 05 -01 -03654 BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND THE U.S. DEPARTMENT OF COMMERCE, ECONOMIC DEVELOPMENT ADMINISTRATION (EDA), RELATING TO THE EL PUEBLO PLAZA PROJECT AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME ISSUE Should the City Council approve an agreement and accept the Federal Assistance Award No. 05 -01 -03654 from the Economic Development Administration in the amount of $600,000 relating to the El Pueblo Plaza Project and authorize the President of City Council to execute the Agreement? RECOMMENDATION -Approval of Resolution BACKGROUND The City has made application for financial assistance to the Economic Development Administration in the amount of $600,000 for the completion of the El Pueblo Plaza and Headwaters Fountain projects. The Recipient (City of Pueblo) share of the Financial Award is in the amount of $705,500. City funds in the amount of $600,000 for acquisition of 215 N. Victoria Avenue and private funds from the HARP Foundation in the amount of $105,500 is the Recipient's matching share. The total Financial Assistance Award budget is $1,305,500. The project consists of the acquisition of the property at 215 N. Victoria Avenue, know as Timme Motors; construction of a public parking lot; right of way improvements and streetscape; storm sewer improvements; development of El Pueblo plaza and park; and development of the Headwaters Fountain Plaza. (See attached plan) The archaeological pavilion is not included in this portion of the project and will be constructed under a different contract beginning this fall. The City will select an engineering company to furnish final design and construction bid documents in September of 2001. The anticipated start of construction will be in March of 2002. The City Departments of Public Works and Planning will oversee construction of the project. FINANCIAL IMPACT The City's recipient share of the total project of $1,305,500 is $705,500. Funds will be available from the following two sources: (1) $600,000 from Account CP 0023, No. 401- 0000- 600- 70 -10; and (2) $105,500 from the HARP Foundation. The City will incur an increase cost of annual maintenance for the public space. � ,d rG U.S. DEPARTMENT OF COMMERCE • Economic Development Administration DENVER REGIONAL OFFICE 1244 Speer Boulevard Room 670 Denver, Colorado 80204 JUL - 3 2001 In reply refer to: Project No: 05 -01 -03654 Lee R. Evett, City Manager City of Pueblo No. 1 City Hall Place Pueblo, Colorado 81003 Dear Mr. Evett: We are pleased to inform you that the Economic Development Administration (EDA) has approved a Financial Assistance Award in an amount not to exceed $600,000, in response to your application for Federal assistance to acquire property and make site improvements as part of the El Pueblo Museum project. The total project cost of $1,305,500, is based on the line item estimates contained in Attachment No. 1. Enclosed are three signed copies of the Financial Assistance Award. Your agreement to the terms and conditions of the award should be indicated by the signature of your principal official on all three of the signed copies of the Financial Assistance Award. Two of the executed copies should be returned to: Charles W. Lee Chief, Infrastructure Development Division Economic Development Administration 1244 Speer Blvd., Suite 670 Denver, Colorado 80204 You are cautioned not to make any commitments in reliance on this award, nor to enter into negotiations relative hereto, until you have carefully reviewed the terms and conditions and have determined that you are in compliance or that you can comply therewith. Any commitments or undertakings entered into prior to obtaining the approval of the Government in accordance with its regulations and requirements will be at your own risk. Sincerely, a p � pnu� Anthony J. Preite Regional Director Enclosures FORM CD -450 U.S. DEPARTMENT OF COMMERCE ®GRANT ❑COOPERATIVE (REV 10198) AGREEMENT ACCOUNTING CODE FINANCIAL ASSISTANCE AWARD RECIPIENT NAME AWARD NUMBER City of Pueblo 05 -01 -03654 STREET ADDRESS FEDERAL SHARE OF COST No. 1 City Hall Place $600,000 CITY, STATE, ZIP CODE RECIPIENT SHARE OF COST Pueblo, Colorado 81003 $705,500 AWARD PERIOD TOTAL ESTIMATED COST From date of approval to 36 months after approval $1,305,500 AUTHORITY Economic Development Administration Reform act of 1998 CFDA NO. AND PROJECT TITLE CDFA 11.300 - Public Works This Award approved by the Grants Officer is issued in triplicate and constitutes an obligation of Federal funding. By signing the three documents, the Recipient agrees to comply with the Award provisions checked below and attached. Upon acceptance by the Recipient, two signed Award documents shall be returned to the Grants Officer and the third document shall be retained by the Recipient. If not signed and returned without modification by the Recipient within 30 days of receipt, the Grants Officer may unilaterally terminate this Award. ® Department of Commerce Financial Assistance Standard Terms and Conditions ® Special Award Conditions ® Line Item Budget 15 CFR Part 14, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, Other Non - Profit, and Commercial Organizations ® 15 CFR Part 24, Uniform Administrative Requirements for Grants and Agreements to State and Local Governments ❑ OMB Circular A -21, Cost Principles for Educational Institutions M OMB Circular A -87, Cost Principles for State, Local, and Indian Tribal Governments ❑ OMB Circular A -122, Cost Principles for Nonprofit Organizations ❑ 48 CFR Part 31, Contract Cost Principles and Procedures M OMB Circular A -133, Audits of States, Local Governments, and Non - Profit Organizations El Other(s) SIGNATURE OF DEPARTMENT OF COMMERCE GRANTS OFFICER TITLE DATE f �� ,2e P z- JUL — 3 2001 nthony J. Regional Director TYPED NAME AN T RE OF A 0 IZED RECIPIENT OFFICIAL TITLE DATE `Ll Al Guru :President of City Council u: U.S. DEPARTMENT OF COMMERCE Economic Development Administration Public Works and Development Facilities RECIPIENT: City of Pueblo Pueblo County, Colorado SPECIAL AWARD CONDITIONS Page 1 of 5 --------------------------------- Project No.: 05 -01 -03654 PROJECT DESCRIPTION: The project will include acquisition and demolition of property and site improvements for the El Pueblo Plaza Project. The improvements will include removal of existing curb and gutter and paving and construction of new curb and gutter, sidewalks and paving, relocation of storm outlets, landscaping, irrigation and site furnishings, construction of a concrete fountain with mechanical appurtenances and lighting, and utility hook -ups. 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 ..................................... .............................24 month Construction Period ....................................... .............................36 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. Reg. 8048 -9, 8102, March 11, 1988). 2. GOALS FOR WOMEN AND NIINORITIES 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 Of rers or Bids as .required by 41 CFR 60 -4. Exhibit "A" SPECIAL CONDITIONS Page 2 of 5 Project No. 05 -01 -03654 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 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 Register 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. DISCLOSURE OF FEDERAL PARTICIPATION: No amount of this award shall be used to finance the acquisition of goods or services (including construction services) for the project unless the Recipient agrees to: a. specify in any announcement of the awarding of the contract for the procurement of the goods or services involved (including construction services) the amount of Federal funds that will be used to finance the acquisition; and b. express the amount announced pursuant to paragraph (a) as a percentage of the total cost of the planned acquisition. The foregoing requirements shall not apply to a procurement for goods or services (including construction services) that has an aggregate value of less than $500,000. 4. 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 two of the original ward documents, within thirty (30) days of receipt, the Recipient affirms that it intends to use the 'award in accordance with the terms and conditions as above- referenced. Exhibit "A" SPECIAL CONDITIONS Page 3 of 5 Project No. 05 -01 -03654 5. 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 -6748, 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 subrecipient, contractor, or subcontractor that is subject to the subrecipient Certification and Disclosure 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. 6. 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. 7. FEDERAL SHARE OF PROTECT COSTS, The EDA 17articip itioi. ita total eligible project costs gill be limited to the EDA ;gn.int amount or thy. EI)A share of total allowable project t costs,'' ased on the area's grant r�tc� ti.tigibili�ty at the, time of award, whichever is less. Exhibit " A " SPECIAL CONDITIONS Page 4 of 5 Project No. 05 -01 -03654 8. TITLE: Prior to the disbursement of funds, the Recipient shall provide evidence, satisfactory to the Government, that the Recipient has acquired good and merchantable title, free of all mortgages or other foreclosable liens, to all land, easements and rights -of- way necessary for the completion of the project. 9. ARCHITECT/ENGINEER AGREEMENT: Prior to the disbursement of funds by EDA, the Recipient must submit to the Government for approval, an Architect/Engineer agreement which meets the requirements of Section I of the EDA publication, "Requirements for Approved Construction Projects ", as well as the competitive procurement standards of 15 CFR Part 24 or 15 CFR Part 14, as applicable. The fee for basic Architect/Engineer services will be a lump sum or an agreed maximum, and no part of the fees for other services will be based on a cost - plus -a- percentage -of -cost or a cost using a multiplier. 10. REPORT ON UNLIQUIDATED OBLIGATIONS: All Recipients of an EDA grant award of more than $100,000, whose grant has not been fully disbursed as of the end of each reporting period, are required to submit a financial report to EDA, annually, on the status of un- reimbursed obligations. The report will provide information on the amount of allowable project expenses that have been incurred by the Recipient, but not claimed for reimbursement as of the end of the reporting period. The report will be as of September 30 of each year and must be submitted annually until the final grant payment is made by EDA. The report shall be submitted to EDA no later than October 30 of each year. Noncompliance with this requirement will result in the suspension of EDA grant disbursements. Standard Form 269A, Financial Status Report, will be used for this purpose. Instructions for completing and filing the report will be furnished to the Recipient at least 60 days before the report is due. 11. PERFORMANCE MEASURES: The Recipient agrees to report on program performance measures and program outcomes in such form and at such intervals as may be prescribed by EDA in compliance with the Government Performance and Results Act of 1993. Performance measures and reporting requirements that presently apply to program activities funded by this grant are enclosed for your information, but are subject to change. EDA will advise grantees in writing within a reasonable period prior to the time of submission, in the event that there are any modifications in the performance measures. 12. START OF CONSTRUCTION: If significant construction (as determined by EDA) is not commenced within two years of approval of the project or by the date estimated for start of construction in the grant application (or the expiration of any extension granted in writing by EDA), whichever is later, the EDA grant will be automatically suspended and may be temainated if FDA c'eter�r�i� es, :after c:onsultatio i d�it.h the Recipi nt, that construction to completion cannot be ¢xpected to prcceed prom pily aad expeditiously. Exhibit " A " SPECIAL CONDITIONS Page 5 of 5 Project No. 05 -01 -03654 13. ENVIRONMENTAL CLEARANCES: Prior to advertisement for bids and prior to disbursement of EDA funds, the Recipient shall have a qualified archeologist monitor ground disturbing activities at the site per the SHPO's letter of May 31, 2001. Form ED -508 (Rev. 4/94) EDA Award No. 05 -01 -03654 Cost Classification Administrative & legal expenses Land, structures, right -of -way, appraisals, etc. Relocation expenses & payments Architectural & engineering fees *Other Architectural & engineering fees Project inspection fees Site work Demolition and removal Construction Equipment Miscellaneous Contingencies TOTAL PROJECT COSTS Remarks: U.S. Department of Commerce Economic Development Administration PUBLIC WORKS PROJECT COST CLASSIFICATIONS State Colorado County Pueblo Proposed Approved $1,000 $1,000 580,000 580,000 20,000 20,000 50,116 50,116 1,000 1,000 0 1,000 0 0 0 0 630,327 630,327 0 0 0 0 25,058 22,057 $1,307,501 $1,305,500 (1) $1,000 added to open a line item for Project Inspection fees. (2) Project contingency adjusted to reflect revised budget. (3) Total Project cost reduced to $1,305,500 to agree with applicant's request. Attachment No. 1 (1) (2) (3)