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- RESOLUTION NO. 4 5 9 4.
A RESOLUTION OF THE CITY OF AUBURN,
. WASHINGTON, AUTHORIZING THE MAYOR TO
EXECUTE THE FINANCIAL ASSISTANCE AWARD
BETWEEN THE CITY OF AUBURN (THE CITY) AND
THE U.S. DEPARTMENT OF COMMERCE, .
ECONOMIC DEVELOPMENT ADMINISTRATION
(THE EDA) APPROVING EDA FUNDS FOR THE DESIGN AND CONSTRUCTION OF IMPROVEMENTS
FOR THE SOUTH DIVISION STREET PROMENADE
PROJECT
WHEREAS, in an effort to encourage additional downtown redevelopment and
growth of downtown amenities, the City of Aubum desires to pursue the South Division
- Street Promenade that would connect the City HaII Plaza and the four block downtown
revitalization catalyst area for urban living; and
WHEREAS, current redevelopment of adjacent commercial property in the vicinity
requires improvements to South Division Street between 3rd Street SW and Main Street
SW the ProjecY'); and
WHEREAS, the EDA desires to contribute to the design and construction of the
Project, relative to the economic benefits that will be realized by redevelopment of
adjacent commercial properties; and
WHEREAS, the EDA has agreed to provide a$3,000,000 grant in support of the
Projeet ("EDA Grant"); and
WHEREAS, the EDA investment grant requires a 50% match ratio of local funds
and the EDA investment grant will contribute 38% of the total project cost; and
Resolution No. 4594
April 21, 2010
Page 1 of 3
WHEREAS, the City has been awarded a demonstration project through the Local
Revitalization Funding state legislative process which will be leveraged to provide the
, matching funds for this grant; and
WHEREAS,. the City Council passed Resolution No. 4501 on August 17, 2009
which authorized the Mayor to submit a formal application for investment assistance
from the Economic Development Administration which was completed. on August 27,
2009; and
WHEREAS, the Economic Development Administration approved the City's
application for a$3,000,000 investment grant on April 14, 2010, which funds shall be
used for the South Division Street Promenade Project, with local matching funds of
$4,800,000 from the issuance ofi Limited General Obligation and Build America Bonds
Fund; and
WHEREAS, it is in the best interest of the City to complete the Project to promote
redeyelopment of the adjacent commercial properties.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN
HEREBY RESOLVES as follows:
Section 1. Acceptance and Authorization. The City Council hereby accepts
the federal EDA granf and authorizes the Mayor to, execute the Financial Assistance
Award with the EDA to obligate the amount of $3,000,000 for the project, in substantial
conformity with the Financial Assistance Award attached hereto, marked as Exhibit "1"
and incorporated herein by this reference. The Mayor is also authorized to approve and
execute any future supplemental agreements thereto required for completion of the
project including, but not limited to; design, construction, and right-of-way acquisition.
, Resolution No. 4594
April21; 2010
Page 2 of 3
Section 2. Implementation,:That the Mayor is further authorized to implement
such administrative procedures as may be necessary to carry out the directives of this
Resolution.
Section 3. Effective Date.- That this Resolution shall take effect and be in
full force upon passage and signatures hereon.
Dated and signed this day of 2010:
CI OF A N
~
PE R . LEVNIS
MAYOR
ATTEST:
Danielle E. Daskam, City Clerk
AP V AS TO FO
Daniel B. Hei , City Attorney
Resolution No. 4594
April 21, 2010
Page 3 of 3 -
Exhibit 1
U. S. DEPARTMENTOF COMMERCE
Economic Development Administration
~~RI''iil►' 915 SecondAvenue, Room 1890
~010 APR 16 PM y 58 Seattle, WA 98174
* ,t *Fax: 206.220.7669
April 14, 2010 Voice: 206.220.7660
In reply refer to:
Investment No.: 07-01-06485
The Honorable Peter Lewis
Mayor, City of Auburn
25 West Main Street
Aubwn, Washington 98001
Dear Mayor Lewis:
I am pleased to inform you that the Department of Comrnerce's Economic Development
Administration (EDA) has approved your application for a$3,000,000 EDA investment in
Auburn, to construct infrastructure that will assist in the revitalization of the downtown corridor.
Enclosed are three signed originals of the Financial Assistance Award. Your agreement
to the terms and conditions of the award shouId be indicated by the signature of your principal
official on each of the ariginals of the Financial Assistance Award. Two of the executed
originals should be returned to A. Leonard Smith, Regional Director, ATTN: JoAnn Smith,
EDA Seattle Regional Office, 915 Second Avenue, Room 1890, Jackson Federal Building,
Seattle, Washington 98174. If not signed and returned within 30 days of receipt, EDA may
declare the Award null and void.
Please do not make any commitments in reliance on this award until you have carefully
reviewed and accepted the terms and conditions. Any commitments entered into prior to
obtaining the approval of EDA in accordance with its regulations and requirements will be at
your own risk.
EDA's mission is to lead the federal economic development agenda by pramoting '
innovation and competitiveness, preparing American regions for growth and success in the
worldwide economy. EDA implements this mission by making strategic investments in the
nation's most econoinically distressed communities that encourage private sector collaboration
and creation of higher-skill, higher wage jobs. EDA investments are results driven, embracing
the principles of technological innovation, entrepreneurship and regional development.
I share your expectations regarding the impact of this investment and look forward to
working with you to meet the economic development needs of your community.
Sincerely,
,
,
4ith
A eonard S Regional Director
Enclosures
FO,RMCD-450 U.S. DEPARTMENT OF COMMERCE Q GtxANT ❑ COOPERA7IVEAGREEMENT
(REV.12,04-09)
(CD450-7PWj
FINANCIAL ASSISTANCE AUVARD ACCOUNTING CODE
RECIPIENT NAME CIty Of AUbU1'fl AWARD NUMBER
07-01-06485
STREET ADDRESS 25 W@St Mai11 Stl'e@f FEDERAL SHARE OF GOST $ 3,000,000
CITY, STATE, ZIP CODE. AUbUfI1, WaSh111gtOt1 98001 RECIPIENT SHARE OF COST $ 4,8001000
AWARD PERrOD From date of approval shown beivw through 60 months ToTAL ESTIMATED COST $ 71800,000
DEPARTMENT OF COMMERCE OPERATING UNIT fCC110111IC D6YelOpllleDt Adf17in1Sfr8ti011
AUTHORITY 42 U:S:C. Section 3141, et seq: Public Works and Eco.nomic Development Act, as;amended
by Public Law 108-373.
CFDA NO. 11:30.0, PROJECT TITLE: Publtc WorRs a_nd Economic DeVelopment Facilittes Program
BUREAU FCFY FUND PROGRAM CODE BUD(3ET SUBACTIVITY OBJECT 1 CLASS EXPEND ENTITY
20 10 40 01 210 41 10 16'
This Award approved by the Grants, Officer is issued in tcfplicate and constitutes an obligation of federal fund,ing.
By signing the three documents, the Recipient agrees to comply with the Award provisions checked below and
attached. Upon acceptance by the Recipienf, two signed Award documents shall be returned to the Grants Offcer
and the tiifrd.document shail 6e retained by the Rectpient. If not signed and returned without modiffcation bythe
Rectpient within 30 days of receipt, the:Grants Officer may unitateraliy terminate this Award. _
10 EDA Standard'Terms and ConditionsPublic VVorks and implementation Con$truction Components, dated 12/2007
~ Special.Award Conditions and Attachments
~ Line Item Budget
15 CFR Part 24, Uniform Admin Reguirements for Grants/Cooperative Agreements to State & Local Governments
FKI. OMB Circular A-87, Cost Principles for State and Local Governments and Indian'Tribal Goyernments
~ OMB Circular A-133; Audits of States, Local Governments, and. Non-Profit Organizations
❑ 15 CFR; Part14; Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher
Education, Hospitals, Other Nonprofit, and Commercial Organizations
❑ OMB Gircular A-122, Cost Principles for Nonprofit Organizations
❑ OMB Circular A-21,.Cost Principles for Educational Institutions
❑ EDA Standard Terms and Conditions Capacity Building Programs
❑ Department of Gommecce Financial Assistance Standard Terms and Co.nditions, dated May 2007
SIGNATURE'OF DEPARTMENT OF COMM CE G. S. NAME A. LeOllaCd St171th DATE
oFFicER , tiTLe Regional Director April 14, 2810
SIGNA OF AUTHORIZED REGIPIENT OFFIGIAL TYPED NAME AND TITLE DATE
EXHIBIT "All
U.S. DEPARTMENT OF COMNIERCE
Economic Develapment Administratiori
Page 1 of 4
Public Works and Development Facilities
REGIl'IEN'I': Gity of Auburn, Washing#on Award No. 07-01-06485
SPECIAL AWARD CONDITIONS
1.. PROJECT DEVELOPMENT TIME SCHEDULE: The Recipient agrees to the fallowing
Project development time schedule: '
Time allowed after receipt of Financial Assistance Award for:
` Return of Executed Financial Assistance Award - 30 days
,
Time allowed after acceptance by Recipient of Financial Assistance Award for:
Start of Construction - 24 manths
Construction Period - 24 months
Project Closeout - A1T Project ciaseout documents, including -final financial information and any
required program reports, shall be submitted to the Gavernment 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 tlie development time schedule may result in the Government's
taking action to terminafe the Award in accordance with the reguIations 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 MINQRITIES 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 af $10,000. The Recipient shall comply with these regulations
and sha11 ob#ain compliance with 41 CFR 60-4 from contractors and subcontractors employed in
the completion ofthe 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, uritil further notice: 69 percent
Exhibit "A" Page 2 of 4 Award No: 87-01-06485
5pecial Award Conditions City of Auburn, Washington
All changes to this goal, as published in the Federal Re iste in accordance with the Office of "
Federai Contract Compliance Programs regulations at 41 CFR 60-4.6, or any successor .
regulations, shall hereafter be incorparated by reference into these Special Award Conditions.
Goais for minority participarion sha115e as prescribed by Appendix B-80, F era Register,
Volume 45, No. 194, October 3, 1980, or subsequent publications. The Recipient shall
include the "Standard Federal Equal Employment Opportunity Construction Contract Spec-
`ifications" (or cause them to be included, if appropriate) in all federally assisted contracts and
subcontracts. T'he goals and timetables for minority and female participation may not be less
than #hase published pursuant to 41 CFR 60-4.6.
3. TITLE: Prior to EDA autharization,to start construcdan, the Recipient shall provide evidence
satisfactory to the Government that the Recipient has acquued good and merchantable title, free
of all.mortgages, foreclasable liens, or encumbrances, to all land, rights-of-way, and easements
necessary for tlie compietion of the Project.
4: ARCHITECT/ENGINEER AGREEMENT: Prior to the disbursemerit of funds by EDA, the
' Recipient must submit to the Government for approval an Architect/Engineer agreement that
meets the tequirements of EDA publication "Summary of EDA Construction Standards" V.
Reguirements During Construction, E. Competitive Procuremenf Requirements, as well as the
competi#ive procurement standazds of 15 CFR Part 24 or 15 CFR Part 14, as applicable. fihe 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 upon a cost-plus-a-percentage-of-cost or a cost using a
~ multiplier.
5. FEDERAL SHARE OF PROJECT C(?STS: The EDA participation in total eligible project
costs will be limited to the EDA grant amount or the EDA share of total allowable project casts
hased on the area's grant rate eligibility at the time of award, whichever is less.
6. REP4RT ON LJNLIQUIDATED OBLIGATIONS: If there is an EDA grant award of more
than $100,000 which has not been fully disbursed (or disbursed and closed out) as of September
30 each year the recipient must submit 4MB Standard Form 269A, Financial Status Report, to
EDA annually on the status of unreimbursed 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 September 30. The report,must be submitted to EDA no iater
than October 30 af each year. Noncompliance with this.requirement will result in the suspension
of EDA grant disbursements. EDA will furnish instructions for completing and filing the report
to all recipients at least 60 days before the report is due.
Exhibflt "A" Page 3 of 4 Award No: 07-01-06485
Special Award Conditions City of Auburn, Washington
7. GRANT SUSPENSI4N FOR FAILURE TO START CONSTRUCTiON: If significant
construction (as determined by EDA) is not commenced within two years of appraval of the
project or by the date estimated for start of construction in the grant award (or the expiration of
any extension granted in writing by EDA), whichever is later, the EDA- gran# will be
automatically suspended and may be terminated if EDA determines, after consultation with the
. grant recipient, that construction to, completion cannot reasonably be expected to proceed
promptly and expeditiously.
. ~
8. PRESERVATION OF QPEN COMPETITION AND GOVERNMENT NEUTRALITY
TOWARDS G4VERNMENT CONTRACTORS' LABOR RELATIONS ON FEDERAL AND
FEDERALLY FLJNDED CONSTRUCTION PROJECTS: Pursuant to E.O. 13202, unless the
project is exempted under section 5(c) of the order, bid specifications, project agreements, or
other controlling documents for construction contracts awarded by recipients of grants or
cooperative agreements, or those of any construction manager acting on their behalf, shall not: a)
include any requirement or prohibition on bidders, offerors, cantractors, or subcontractors about
enfering into or adhering to agreements with one or more labor organizations on the same or
related constructionproject(s); or b) otherwise discriminate against bidders, afferors, contractors,
or subcontractors for becoming or refusing ta become or remain signatories or otherwise to
adhere to agreements with one or more labor organizations, on the same or other related
conshvcrion projects(s).
9. REAFFIRMATION OF APPLICATION: Recipient(s) aclaiowledges that Recipient's application '
for this Award may have been submitted to the Government and signed by Recipient(s)
electronically. Regardless of the means by which Recipient(s) submitted its application to the Government, Recipient(s) hereby reaffirms and states that a.) alI data in said application and
documents submitted with the application are riue and correct as of the date of this Award and were true and corcect as of the date af said apptication, b.} said application was as of the date of
this Award and as of the date of said applicatian duly authorized by the governing body of the
Recipient(s) and a} Recipients(s) will comply with the Assurances and Certifcations submitted
with or attached to said application.
10 RECIPIENT's DUTY TO REFRAIN from Employing Certain Government Employees:
For the two-year period begi.nning on #he 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, an the date the Gavernment executes this award or within
the one-year period ending on that date:
(i) Served as an officer, attorney, agent; or employee of the Government; and
(ii) Occupied a position or engaged in activities that the Assistant Secretary determines
involved discretion witli respect to the award of Investment Assistance under PWEDA.
The two-year period and associated restricrions referenced above also shall apply beginning on
the date the Government executes any cost amendment to this award that provides additional
funds to ttie Recipient(s).
Exhibit "A" Page 4 of 4 AwarcB No: 07-01-06485
Speciai Award Conditions City of Aaburn, Washington
11. STATE HISTORIC PRESERVATION OFFICER (SHPO): " Within three years of the date that
the grant is awarded, the Recipient shall provide evidence satisfactory to the EDA that all of the
stipulations in the IYtemorandum of Agreement (MOA) between the EDA, City of Auburn in
Washirigton, and the Washington Deparlment of Archaeology and Historic Preservation
regarding the South Division St"reet Promenade Project, City of Auburn, Washington have been
met. The different deadlines for meeting the different stipulations are specifzed in the M4A..
Form ED-508 U.S. DEPARTMENT OF COMMERCE ATTACHMENT NO. 1
(Rev. 1/99) ECONOMIC DEVELOPMENT ADMINISTRATION
PUBLIC WORKS PROJECT COST CLA.SSIFICATIONS
Recipient: City of Auburti, Washington
EDA Award Na 07-01-06485 State: _ Washington County: King
Cost ClaSsification Proposed Annroved
Administrative and legaI expenses $ 365,000 $365,000
Land, structures and rights-o€-way 0 0
appraisals, etc.
Relocatian expenses and payment's 0 0
Architectural and engineering fees 750,000 754,400
Other architectural and engineering
fees 75,000 75,000
Project inspection fees 175,000 175,000 . Demalition and removal 0 0
Construction 5,564,004 5,560,000
Equipment ~ 0 0
Contingencies 875,000 875,000 ;
TOTAL PROJECT COSTS $7,800,000 $7,800,000
,Poys~
FowM co.aso U.S. DEPARTMENT OF COMMERCE ~ GRANT ❑ COOPERATNE AGREEMENT
(REV.12-04-09)
(CD450.1PVV)
FINANCIAL ASSISTANCE AWARD ACCOUNTINGCODE
RECIPIENT NAME City of Aubum AWARD NUMBER
0T-01-06485
3TREET ADDRESS 25 W@St M8111 Stl'@@t FEDERAL SHARE OF COST $ 3,000,000
CITY, STATE, ZIP CODE Aubum, Washington 98001 ttECiPieNr swARE oF cosr $ 4,800,000
AWARD PERIOD FI'OIi1 dat@ Of aPPrOV81 ShOWn b@IOW t111'OUgh 60 mOnthS TOTAL ESTIAAATED COST $ 7,800,000
DEPARTMENT OF COMMERCE OPERATING UNIT Eco.nomic Development Administration
AUTHORIII( 42 U.S.C. Section 3141, et seq. Public Works and Economic Development Act, as amended
by Public Law 108-373.
CFDA NO. 11.300 PROJECT TITLE: Public Works and Economic Development Facilities Program
BUREAU FCFY FUND PROGRAM CODE BUDGET SUBACTNITY OBJECT 1 CLASS EXPEND ENTI7Y
20 10 ' 40 01 210 41 10 16
This Award approved by the Grants Officeris 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, twosigned Award documents shali be retumed 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.
10 EDA Standard Terms and Conditions Public Works and Implementation Construction Components, dated 12/2007
FXI Special Award Conditions and Attachments
191 Line Item Budget
91 15 CFR Part 24, Uniform Admin Requirements for Grants/Cooperative Agreements to State & Local Govemments
51 OMB Circular A-87, Cost Principles for State and Local Govemments and Indian Tribal Govemments
51 OMB Circular A-133, Audits of States, Local Govemments, and Non-Profit Organizations
❑ 15 CFR, Part 14, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher
Education, Hospitals, Other Nonprofit, and Commercial Organ"izations
❑ OMB Circular A-122, Cost Principles for Nonprofit Organizations
❑ OMB CircularA-21, Cost Principles for Educational Institutions
❑ EDA Standard Terms and Conditions Capac'ity Building Programs
❑ Department of Commerce Financial Assistahoe Standard Terms and Conditions, dated May 2007
SIGNATURE OF DEPARTMENT OF COMM CE RANTS NAME A. Leonard Smith DATE
OFFtCER TITLE R@g10I181 DIreCtOr Apri114, 2010.
SIGNATUR A OR P FICIAL TYPED NAME AND TITLE DATE
EXHIBIT "A" -
U.S. DEPARTMENT OF COMMERCE
Economic Development Administration
Page 1 of 4
Public Works, and Development Facilities
RECIPIENT: City of.Auburn, Washington Award No. 07-01-06485
SPECIAL AWARD CONDITIONS
1. PROJECT DEVELOPMENT TIlVIE SCHEDULE: The Recipient agrees fo the followi.ng
Project deyelopment time schedule:
. Time allowed after receipt of Financial Assistance Awazd for:
Return ofExecuted Financial Assistance Award - 30 days
Time allowed after acceptance by Recipient of Financial Assistance Award for:
StarE of Construction - 24 months
Construction Period - 24 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 da.ys after the
da.te the Recipient accepts the completed Project from the contractor(s).
The Recipient shall pursue diligenfly the development of tfie Project so as to ensure completion
of the Project and submission of closeout documents within this rime schedule. Moreover, the
Recipient shall notify the Govemment 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 ma.y result in the Government's .
taldng action to terminate the Award in accordance with tlie regulations set forth at 13 CFR
305.99(b) and 15 CFR 24.43 (53 Fed. Ree. 8048-9, 8102, March 11, 1988).
2. GOALS FOR WOMEN AND MINORI'I'IES 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 Feclerally assisted
construction contracts in excess of $10,000. The Recipient sha11 comply with these regulations
and sha11 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 azea sha11 be as follows:
From April 1, 1981, until further notice: 6.9 percent
Ezhibit "A" Page 2 of 4 Award No: 07-01-06485
Special Award Conditions City of Auburn, Washington
All changes to this goal, as published in the Federal Re •~ster in accordance with the Office of
Federal Contract Compliance Programs regulations at 41 CFR 60-4.6, or any successor
iegulations, sha11 hereafter be incorpora.ted by reference into these Special Awazd Conditions.
Goals, for minority participation shall be as prescribed by Appendix B-80, Federal Re~ster,
Volume 45, No. 194; October 3, 1980, or subsequent publications. The Recipient sha11
include the "Standard Federal Equal Employment Opportunity Construction Contract Spec-
ifications" (or cause them to be included, if appropriate) in all federally assisted contracts and
subcontraets. The goals and timetables for minority and female participation may not be less
than those published pursuant to 41 CFR 60-4.6.
3. TITLE: Prior to EDA authoriza.tion to start conshuction, the Recipient sha11 provide evidence
satisfactory to the Government that the Recipient has acquired good and merchanta.ble title, free
of all mortgages, foreclosable liens, or encumbrances, to all land, rights-of-way, and easements
necessary for the completion of the Project.
4. ARCHITECTLENGINEER AGRBEMENT: Prior to the disbursement of funds by EDA, the
Recipient must submit to the Government for approval an Architect/Engineer agreement that
meets the requirements of EDA publication "Summary of EDA Construction Standazds" V.
Requirements During Construction, E. Competitive Procurement Requirements, 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 upon a cost-plus-a-percentage-of-cost or a cost using a
multiplier.
5. FEDERAL SHARE OF PROJECT COSTS: The EDA participation in total eligible project
costs will be limited to the EDA grant amount or the EDA share of total allowable project costs
based on the azea's grant rate eligibility at the time of award, whichever is less.
6. REPORT ON UNLIQUIDATED OBLIGATIONS: If there is an EDA grant awazd of more
thau $100,000 which has not been fully disbursed (or disbursed and closed out) as of September
30 each yeaz the recipient must submit OMB Standard Form 269A, Financial Status Report, to
EDA annually on the status of unreimbursed obligations. The report will provide information on
the amount of allowable project expenses that have been incurred by the Recipient but not
claimed for reimburseinent as of September 30. The report must 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: EDA will furnish instructions for completing and filing the report
to all recipients at least 60 days before the report is due.
Exhibit "A" Page 3 of 4 Award No: 07-01-06485
Special Award Conditnons City of Auburn, Washington
7. GR.ANT SUSPENSION FOR FAILURE TO START 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 award (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, after consultation with the
grant recipient, that construction to completion cannot reasona.bly be expected to proceed
promptly and expeditiously.
8. PRESERVATION OF OPEN COMPETITION AND GOVERNMENT NEUTRALITY
TOWARDS GOVERNMENT CONTRACTORS' LABOR RELATIONS ON FEDERAL AND
FEDERALLY FLTNDED CONSTRUCTION PROJECTS: Pursuant to E.O. 13202, unless the
project is exempted under section 5(c) of the order, bid specifications, project agreements, or ,
other controlling documents for construction contracts awarded by recipients of grants or "
cooperative agreements, or those of any construction manager acting on their behalf, shall not: a)
include any requirement or prohibition on bidders, offerors, contractors, or subcontractors about
, entering into or adhering to agreements with one or more labor organizations on the same or
related construction project(s); or b) otherwise discriminate against bidders, offerors, contractors,
or subcontractors for becoming or refusing to become or remain signatories or otherwise to
adhere to agreements with one or more labor organiza.tions, on the same or other related
construction projects(s).
9. REAFFIRMATION OF APPLICATION: Recipient(s) acknowledges that Recipient's application
for this Awazd may have been submitted to the Government and signed by Recipient(s)
electronically. Regazdless of the means by which Recipient(s) submitted its application to the
Government, Recipient(s) hereby reaffinns and states tha.t a.) all data in said application and
documents submitted with the application are true and correct as of the date of this 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(s) and c.) Recipients(s) will comply with the Assurances and Certifications submitted
with or attached to said application.
10 RECIPIENT's DUTY TO REFR.AIN from Employing Certain Government Employees:
For the two-year period beginning on the date the Government executes this award, the
Recipient(s) agrees thai 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-yeaz period ending on that date;
(i) Served as an officer, attorney, agent, or employee of the Government; and
(ii) Occupied a position or engaged in activities that the Assistant Secretary determines
involved discretion with respect to the awazd 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 awazd that provides additional
funds to the Recipient(s).
Eghibit "A" Page 4 of 4 Award No: 07-01-06485
Special Award Conditions City of Auburn, Washington
11. STATE HISTORIC PRESERVATION OFFICER (SHPO): Within three years of the date that
the grant is awazded, the Recipient shall provide evidence satisfactory to the EDA tha.t all of the
stipulations in the Memorandum of Agreement (MOA) between the EDA, Gity of Auburn in
Washington, and the Washington Department of Archaeology and Historic Preservation
regarding the South Division Street Promenade Project, City of Auburn, Washington have been
met The different deadlines for meeting the different stipulations aze specified in the MOA.
, • •
Form ED-508 U.S. DEPARTMENT OF COMMERCE ATTACHMENT NO. 1
(Rev. 1/99) ECONOMIC DEVELOPMENT ADMINISTRATION -
- PUBLIC WORKS PROJECT COST CLASSIFICATIONS
Recipient; City of Auburn, Washington
EDA Award No. 07-01-06485 State: Washington County: King
Cost Classification Proposed AUproved Administrative and legal expenses $ 365,000 $365,000
Land, structures and rights-of-way 0 0
appraisals, etc.
Relocation expenses and paXxnents 0 0
Architectural and engineering fees 750,000 750,000
Other architectural and engineering
fees 75,000 75,000
Project inspection fees 175,000 175,000
Demolition and removal 0 0
Construction 5,560,000 5,560,000
Equipment 0 0
Contingencies - 875,000 875,000
TOTAL PROJECT COSTS $7,800,000 $7,800,000
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