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HomeMy WebLinkAboutUS Department of Commerce-8/23/2010FORM CD-450 U.S. DEPARTMENT OF COMMERCE (REV. 10-03) DAO 203-26 FINANCIAL ASSISTANCE AWARD FL GRANT ❑ COOPERATIVE AGREEMENT AWARD PERIOD 08/03/2010 to 08/03/2014 RECIPIENT NAME City of Waterloo AWARD NUMBER 05-79-05007 STREET ADDRESS 715 Mulberry Street FEDERAL SHARE OF COST $ 7,009,315.00 CITY, STATE, ZIP CODE Waterloo, Iowa 50703-5714 RECIPIENT SHARE OF COST $ 3,851,935.00 AUTHORITY Public Works and Economic Development Act of 1965, as amended TOTAL ESTIMATED COST $ 10,861,250.00 CFDA NO. AND PROJECT TITLE 11.307/Economic Adjustment Assistance: Disaster Recovery: Construction of (5) Five Storm Water Lift Stations BUREAU 20 FUND 40 FCFY 10 PROJECT-TASK 00 ORGANIZATION 05 OBJECT CLASS 41 1016 00 This funding. below the without this ❑ F/ "4 ❑ FA ❑ ru ❑ ❑ n n Award approved by the Grants Officer is issued in triplicate and constitutes an obligation of Federal By signing the three documents, the Recipient agrees to comply with the Award provisions checked and attached. Upon acceptance by the Recipient, two signed Award documents shall be returned to Grants Officer and the third document shall be retained by the Recipient. If not signed and returned modification by the Recipient within 30 days of receipt, the Grants Officer may unilaterally terminate 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 Insitutions of Higher Education, Hospitals, Other Nonprofit, 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 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 OMB Circular A-133, Audits of States, Local Governments, and Nonprofit Organizations Other(s): Economic Development Administration Standard Terms and Conditions for Construction Projects (Document Attached) SIGNATURE OF EPARTMENT F COMM CE GFFICER TITLE ' - tor, Denver Regional Office DATE August 3, 2010 Robert E. OIs - TYPED NAME AND SIGMA Buck Clark OF AUTHORIZED RECI I T OFFICIAL TITLE Mayor DATE I i'' 'SiliV06 ADMINISTRATION/IPSG ELECTRONIC FORM RESOLUTION NO. 2010-768 RESOLUTION APPROVING AWARD AGREEMENT WITH ECONOMIC DEVELOPMENT ADMINISTRATION (EDA) FOR FIVE (5) NEW STORM WATER LIFT STATIONS AND DIRECTING EXECUTION OF SAID AGREEMENT BY MAYOR. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the award agreement, Award No. 05-79-05007, dated August 23, 2010, for a Disaster Recovery financial assistance award in the amount of $7,009,315.00, with local match of $3,851,935.00 for five (5) new storm water lift stations, by and between the Economic Development Administration (EDA), and the City of Waterloo, Iowa, be and the same is hereby approved, and the Mayor authorized to execute the same in behalf of the City of Waterloo, Iowa. PASSED AND ADOPTED this 23rd day of August, 2010. eee.d Ot!:41 Ernest G. Clark, Mayor ATTEST: Suzy Sc ares, CMC City Clerk EXIHIBIT "A" U.S. DEPARTMENT OF COMMERCE Economic Development Administration PUBLIC WORKS AND DEVELOPMENT FACILITIES RECIPIENT: City of Waterloo Page 1 of 5 Black Hawk County, Iowa Project No. 05-79-05007 SPECIAL AWARD CONDITIONS PROJECT DESCRIPTION: The project will construct five (5) Storm Water Lift Stations, with the capacity to pump water from the City's storm sewer system into the Cedar River. 1. PROJECT DEVELOPMENT TIME SCHEDULE: The Recipient agrees to the following project development time schedule, after approval of the Financial Assistance Award: Start of Construction August 3, 2012 Completion of Construction . August 3, 2014 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 diligently pursue the development of the Project so as to ensure completion and submission of closeout documents within the required time schedule. Moreover, the Recipient shall notify the Government in writing of any event which could substantially delay 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 15 CFR 24.43 (53 Fed. Reg. 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 5 Project No. 05-79-05007 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 (s) 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 (s) 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 the original Award documents, within thirty (30) days of receipt, the Recipient (s) affirms that it intends to use the Award in accordance with the terms and conditions as above -referenced. 5. START OF PROJECT: If significant development of plans and specifications (as determined by EDA) has not begun within two years of project approval, or by the date estimated 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 terminated if EDA determines that completion cannot be expected to proceed promptly and expeditiously. Exhibit "A" SPECIAL CONDITIONS Page 3 of 5 Project No. 05-79-05007 6. LOCAL SHARE: In affirming this Award, the Recipient (s) 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 (s) 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. TITLE: Prior to the disbursement of funds, the Recipient (s) shall provide evidence, satisfactory to EDA, that the Recipient (s) 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. 8. NONRELOCATION: In signing this Award of financial assistance, the Recipient (s) attests that EDA funding is not intended by the Recipient to assist its efforts to induce the relocation of existing jobs that are located outside of its jurisdiction, to within its jurisdiction, in competition with other jurisdictions for those same jobs. In the event that EDA determines that its assistance was used for those purposes, EDA retains the right to pursue appropriate enforcement action in accord with the Standard Terms and Conditions of the Award, including suspension of disbursements and termination of the Award for convenience or cause. 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 IV of the EDA publication, Summary of EDA Construction Standards, 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 -to 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. HISTORICAL & ARCHEOLOGICAL RESOURCES: If, during construction of the project, historical and archeological resources, including burial grounds and artifacts, are discovered, the Recipient shall immediately stop construction in the area, contact the State Historic Preservation Officer (SHPO), and EDA and follow the SHPO's instructions for preservation of the resources. . Exhibit "A" SPECIAL CONDITIONS Page 4 of 5 Project No. 05-79-05007 11. SECTION 401 and SECTION 404 PERMITS: During the initial phase of project design, the Recipient shall obtain both a Section 401 and a Section 404 permit to ensure that permit conditions are addressed in the final design. EDA will not disburse on any A/E costs or permit the advertisement of construction bids until the Recipient provides EDA with copies of the permits. 12. U.S. FISH & WILDLIFE SERVICE: Prior to advertisement for bids, the Recipient shall provide evidence satisfactory to the Government that it has obtained a concurrence letter from the U.S. Fish & Wildlife Service. 13. ARCHEOLOGIAL SURVEY: Prior to advertisement for bids, the Recipient shall provide evidence satisfactory to the Government that a Phase I pedestrian archeological survey has been conducted and has been reviewed and approved by the State Historic Preservation Officer. 14. PERFORMANCE MEASURES: The Recipient agrees to report on core program performance measures and project 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 investment will be provided in a separate GPRA information collection document. EDA will advise the Recipient, in writing, within a reasonable period, prior to the time of submission of the reports, and in the event that there are any modifications in the performance measures. 15. INDIVIDUAL BACKGROUND SCREENING: Notwithstanding the requirements pertaining to Individual Background Screenings set forth in Section F of the Department of Commerce (DOC) Standard Terms and Conditions (March 2008), Individual Background Screenings will be conducted in accordance with the updated guidance contained in Chapter 21 (February 2010) of the DOC Grants and Cooperative Agreements Interim Manual. The guidance can be viewed on-line at http://oamweb.osec.doc.gov/docs/RevisedChapter21020210.pdf. Exhibit "A" SPECIAL CONDITIONS Page 5 of 5 Project No. 05-79-05007 16. REAFFIRMATION OF APPLICATION: Recipient acknowledges that Recipient's application for this Award might have been submitted to the Government and signed by Recipient electronically. Regardless of the means by which Recipient submitted its application to the Government, Recipient(s) hereby reaffirms and states that a.) all data in said application and documents submitted with the application are true and correct as of the date of the Award and were true and correct as of the date of said application, b) said application was as of the date of this Award and as of the date of said application duly authorized by the governing body of the Recipient and c.) Recipient will comply with the Assurances and Certifications that were submitted with or attached to said application. 17. EMPLOYING CERTAIN GOVERNMENT EMPLOYEES: For the two-year period, beginning on the date the Government executes this award, the Recipient (s) agrees that it will not employ, offer any office or employment to, or retain for professional services, any person who, on the date the Government executes this award or within the one-year period ending on that date: (i) (ii) Served as an officer, attorney, agent, or employee of the Government; and Occupied a position or engaged in activities that the Assistant Secretary determines involved discretion with respect to the award of investment assistance under PWEDA. The two-year period and associated restrictions referenced above also shall apply beginning on the date the Government executes any cost amendment to this award that provides additional funds to the Recipient (s). 18. 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 semiannual, financial report to EDA 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 (s), but not claimed for reimbursement as of the end of the reporting period. The first report shall be as of March 31 of each year and shall be due no later than April 30; the second report shall be as of September 30 of each year and shall be no later than October 30. The reports shall be submitted until the final grant payment is made by EDA. Noncompliance with the requirement will result in the suspension of EDA grant disbursements. Standard Form 425, Federal Financial Report, will be used for this purpose. Instructions for completing and filing the report will be furnished to the Recipient (s) at least 60 days before the report is due. Form ED -508 (Rev. 4/94) U.S. Department of Commerce Attachment No. 1 Economic Development Administration PUBLIC WORKS PROJECT COST CLASSIFICATIONS EDA Award No. 05-79-05007 State Iowa County Blackhawk Cost Classification Proposed Approved Administrative & legal expenses $0 $0 Land, structures, right-of-way, appraisals, etc. 0 100 (1) Relocation expenses & payments 0 100 (2) Architectural & engineering fees 950,000 950,000 Other Architectural & engineering fees 0 40,000 (3) Project Inspection 470,000 470,000 Site Work 0 0 Demolition and removal 0 0 Construction 8,290,000 8,290,000 Equipment 0 0 Miscellaneous 0 0 Contingencies 1,151,250 1,111,050 (4) TOTAL PROJECT COSTS $10,861,250 $10,861,250 Remarks: (1) Added to open line item for Land, Structures & Rights -of -Way. (2) Added to open line item for Relocation Expenses. (3) Added to open line item for Other A/E Expenses. (4) Contingency adjusted to reflect revised budget.