HomeMy WebLinkAboutITEM VIII-B-2
* *
CITY OF *
~AGENDA BILL APPROVAL FORM
KWAAgenda Subject: Resolution No. 4594.and project initiation Date: April 19, 2010
Department: Planning and Attachments: Resolution No. 4594 Budget lmpact: $4,800,000
Development and Exhibit A (identified in Capital Facilities
Plan)
Administrative Recommendation:
City Council adopt Resolution No. 4594.
Background Summary:
`The City pr'esented the South Division Street Promenade project to the Economic Development District
Board (of Puget South Regional Council) on December 12, 2007.. The City's project was ranked number
1 to the Economic Development Adminisfration (EDA) by this board. Nexf step, the Cify submitted a pre-
application for investment assistance August 2008. The Gity was then informed by EDA the City met the
demographic requirements for investment assistance November 2008 and our pre-application was
approved and the City was invited to submit formal applicafion on June 2, 2009. Our formal application
was submitted August 27, 2009 and the re"view process with EDA began. Our application was forwarded
to the 1Nashington, DC EDA office for review in February 2010 and the City received our Notice of
Investment Award on April 14, 2010.
The investment award is for $3,000,000 with a 50% match requi[ed; EDA's contribution to the total project
cost is 38%. The total project cost fortheSouth Division Street Promenade is estimated at.$7,800,000
and the City's funding source for the balance of the estimated project cost, which is $4,800,000, is
through Local Revitalization Funding.
Resolution No. 4594 approves the apprbpriation and expenditure of U.S. Department of Gommerce
~ Economic DevelopmenfAdminisfration grant funds in the amount of $3,000,000 for Projecf No. CP1005 .
authorizes the Mayor or his designee to accept the EDA investment award of $3,000,000 and to execute
the necessary paperwork.
L0503-2
03.4.1.1,_04,9.1 CP1005
Reviewed by Council & Committeesc Reyiewed by Departmenffi & Divisions:.
~ Arts Commission COUNCIL COMMITTEES: ❑ Building 0 M&O
❑ Airport ~ Finance ❑ Cemetery p Mayor
❑ Hearing Examiner ❑ Municipal Serv. ❑ Finance p Parks
❑ Human:Servioes ~ Planning & CD ❑ Fire 0 Planning
0 Park Board ~ Public Worics 0 Legal ❑ Police
❑ Plan.ning Comm. Other Z Public Works ❑ Human Resources
❑ Information Services Action:
Committee Approval: ❑Yes ❑No
Council ApprovaL ❑Yes ❑No Call for Public Hearing
Referred to Until
Tabled Until
Councilmember: Backus Staff: Sn der
Meetin Date: Ma 3,-2010 Item Number: VI11.6.2
AUBURN * MORE T'HAN YOU IMAGINED
RESOLUTION NO. 4 5 9 4
_ A RESOLUTION OF THE CITY OF AUBURN,
. WASHINGTON, AUTHORIZING THE MAYOR TO
EXEGUTE '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 Auburn desires to pursue the South Division
- Streef Promenade that would connect the City Hall. Plaza and the four block downtown
revitalization catalyst area for urban living; and
WHEREAS, current redevelopment of adjacent commercial property in fhe vicinity requires improvements to South Division Street befinreen 3`d Street SW and Main Street
SW ("the` Project"); 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
Project'("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 EconomicDevelopment 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 of 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 redevelopment 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 grant 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
April 21; 2010
Page 2 of 3
Section 2. Implementation. That the Mayor is further authorized to implement
such adminisfrative procedures as may be necessary to carry out the directives of this
Resolution.
Secteon 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:
CITY OF AUBURN
PETER B. LEWIS
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
.+~~~~,~''.~1 U. S. DEPARTMENT OF COMMERCE
~ Economic Development Administration
PE~ t,, ~ 1,17 ~Z 915 Second Avenue, Room 1890
'1010 APR 16 PM 4 58 ~Seattle, WA 98174
* * *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
Aubum, Washington 98001
Dear Mayor Lewis:
I am pleased to inform you that the Department of Commerce's Ecanomic 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 should be indicated by the signature of your principal
official on each of the originals 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.
PIease do not make any commitments in reliance on this award until you have carefully
reviewed and accepted the terms and canditions. 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 promoting innovation and competitiveness, preparing American regions for growth and success in the
worldwide econamy. EDA implements this mission by making strategic investments in the
nation's most economically 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
FORMCD-d50 U.S. DEPARTMENT OF COMMERCE f~•l GRANT ❑ COOPERATIVEAGREEMENT
(REV.12-04fi9)
(CD450-1 PVV)
FINANCIAL ASSISTANCE AWARD ACCOUNTING CODE
RECIPIENT NAME City of Auburn AWARD NUMBER
07-01-06485
STREET ADDRESS 25 West Main Street FEDERAL SHARE OF COST $ 3,000,000
CITY, STATE, tIP CODE Auburn, Washington 98001 RECIPIENT SHARE OF COST $ 4,800,000
AWARD PERlOD From date of approval shown below through 60 months TOTAL ESTIMATEO COST $ 7,800,000
DEPARTMENT OF COMMERCE OPERATING UNIT Economic Development Administration
AUTHORITY 42 U.S.C. Section 3949, et seq. Public Works and Economic Devetopment Act, as amended
by Public Law 108-373.
CFDA NO. 11.300 PROJECT TiTI.E: Pubtic Works and Economtc Devetopment FacilitFes Program
BUREAU FCFY FUND PROGRAM CODE BUDGET SUBACTN(TY OBJECT 1 CLASS EXPEND ENTITY
20 10 40 01 210 41 10 16
This Award approved by the Grants Offlcer is issued in trfpltcate and constitutes an obUgation of federal funding.
By signing the three documents, the Recipient agrees to comply wlth the Award provisfons checked below and
attached. Upon acceptance by the Rec(pient, two signed Award documents shail be returned to the Grants Offcer
and the third document shall be retained by the Recipfent. If not signed and returned without modification by the
Recipient within 30 clays of recelpt, the Grants Officer may unitaterally terminate thts Award.
10 EDA Standard Terms and Conditions Public Works and Implementation Construction Components, dated 12/2007
10 Special Award Conditions and Attachments
ED Line Item Budget
FKI 15 CFR Part 24, Uniform Admin Requirements for Grants/Cooperative Agreements to State & Local Governments
FKI OMB Circular A-87, Cost Principles for State and Local Governments and Indian Tribal Governments
~ OMB Circular A-133, Audits of States, Local Governments, 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 Organizations
❑ OMB Circular A-122, Cost Principles for Nonprofit Organizations
❑ OMB Circular A-21, Cost Principles for Educafional Institutions
❑ EDA Standard Terms and Conditions Capacity Building Programs
❑ Department of Commerce Financial Assistance Standard Terms and Conditions, dated May 2007
SIGNATURE OF DEPARTMENT OF COMM CE G S NAME A. Leonard Smith DATE
OFFICER . TITLE Regional Director April 14, 2010
SIGNAT OF AUTHORIZED RECIPIENT OFFICIAL TYPED NAME AND TtTLE DATE
EXHIBIT "A"
U.S. DEPARTMENT OF COMMERCE
Ecanomic Development Administration
. , Page 1 of 4
Public Warks and Development Facilities
REGIPIENT: City of Auburn, Washington Award No. 07-01-06485 .
SPECIAL AWARD CONDITIONS
1. PROJECT DEVELOPMENT TIME SCHEDULE: The Recipient agrees to the following
Project development time schedule:
Time allowed after receipt of Financial Assistance Award for:
Return of Executed Financial Assistance Award - 34 days
Time allowed after acceptance by Recipient of Financial Assistance Award for:
Start of Construction - 24 man#hs
Construction Period - 24 mon#hs
Project Claseout- All Project closeout documents, including final financial information and any
required program reports, shall be submifted to the Government not more than 90 days after the
' date the Recipient accepts the completed Praject from the contractor(s).
The Recipient shall pursue diligently the development of the Project so as to ensure completion
af the Project and submission of closeout docizments within this time schedule. Moreover, the
Recipient shall notify the Government in writing of any event which cauld delay substantiallythe
achievement of the Project within the prescribed time limits. The Recipient further
acknowledges that. failure ta 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. Ree• 8048-9, 8102, March 11, 1988).
2. GOALS FOR WOMEN AND MINORITIES IN CONSTRUCTION: Department of Labor
regula#ions set forth in 41 CFR 60-4 establish goals and timetables for participation of minorities
and women in the construc#ion industry. These regulatioris apply to all Federally assisted
construction contracts in excess of $10,000. The Recipient shall comply with these regulations
and shall obtain compliance with 41 CFR 60-4 from contractors and subcontractors employed in
the compietion of the Project by inciuding such notices, clauses and provisions in the
Solicitations for Offers or Bids as required by 41 CFR 604. The goal for the participation of
women in each trade area shaIl be as follows:
From April 1, 198 1, until further notice: 6.9 percent
Exhihit "A" Page 2 of 4 Award No: 07-01-86485
Special Award Conditions , City of Auburn, Washington
All changes to this goal, as published in the Federal Register in accordance with the Office af
Federal Contract Compliance Programs regulations at 41 CFR 60-4.6, or any successor .
reguiations, shall hereafter be incorporated by reference into these Special Award Conditions.
Goals for minority participation shali be as prescribed by Appendix B-80, F ra e i te ,
Volume 45, No. 194, (}ctober 3,1980, or subsequent publications. The Recipient shall
include the "Standard Federal Equal Employment Opportunity Construction Gon#ract Spec-
ifications" (or cause them to be included, if appropriate) in all federally assisted contracts and
subcontracts. The gaals and timetables for minority and female participation may not be less
, than those published pursuant to 41 CFR 60-4.6.
3. TITL$: Prior to EDA authorization to start construction, the Recipient shall provide evidence
satisfactory to ttie Government that the Recipient has acquired good and merchantable title, free
of al.l. mortgages, foreclasable liens, or encumbrances, to all land,'xights-of-way, and easements
necessary for tlie compietion of the Project.
4, ARCHITECT/ENGINEER AGREEMENT: Prior to tlie 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 "Sununary 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 ArchitectlEngineer services will be a lump sum or an agreed maximum and no parE of
the fees for other services will be based upon a cost-plus-a-percentage-af-cost or a cost using a
~ multiplier.
5. FEDERAL SHARE OF PROJECT C4STS: The EDA participation in total eligible project
casts will be limited to the EDA grant amount or the EDA share of total altowable project costs
based on the area's grant rate eligibility at the time af award, whichever is less.
6. REPORT ON UNLIQUIDATED OBLIGATIONS: If there is an EDA grant award of more
than $1 00,000which, has not been fully.disbursed (or disbursed and closed aut) as of September
30 each year 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 reimbursement as of September 34. The report,must be submitted to EDA no Iater
than October 30 af each year. Noncompliance with this requirement will xesult in the suspension
of EDA grant disbursements. EDA will furnish instructions for completing and filing the report
to all reczpients at least 60 days before the report is due.
Exhibit "A" Page 3 of 4 Award No: 07-01-06485
Special Award Conditions City of Auburn, Washington
7. GRANT SUSPENSIGN FOR FAILURE TO START CONSTRUCTION: If significant
construction {as determined by EDA} is not commenced within twa years of approval of the
project or by the date estimated for start of canstruction in the grant award (or the expirahon of
any extension granted in writing by EDA), whichever is later, tfie EDA grant wiIl 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 OPEN COMPETITION AND GOVERNMENT NEUTRALITY
TOWARDS GOVERNMENT CONTRA,CTORS' LABOR.RELATIONS ON FEDERAL AND
FEDERALLY FiJNDED CONSTRUCTION PROJECTS: Pursuant to E.O. 13202, tinless 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
coaperative agreements, or those of any constntction manager ac#ing 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 ar
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 fo agreements with one or mare labor organizations, on the same ar other reiated
construcrion projects(s).
9. REAFFIRMATION OF APPLICATION: Recipient(s) acknowledges that Recipient's application '
for this Award may have been submitted to the Government and signed hy 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 hve and conect as of the date of this Award and -
were true and conect as of the date of said appiication, b.) said application was as of the date of
this Award and as of the date of said applieation duly authorized by the governing body ofthe
Recipient(s) and c.) Recipients(s) will compfy with the Assurances and Certifications submitted
with or attached ta said application.
10 RECIPIENT's DUTY TO REFRAIN from 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 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 wit11 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 the Recipient{s}.
Exhibit "A" Page 4 of 4 Award No: 07-01-06485
Special Award Canditions Cifiy of Auburn, Washington
11. STATE HISTOItIC PRESERVATION OFEICER (SHPO): Within three years of the date that
the grant is awarded, the Recipient. shali provide evidence satisfactary to the EDA that aIl of the
stipulations in the Memorandum of Agreement (MOA) between the EDA, City of Auburn in
` Washington, and the Washington Department of Arehaeology and Historic Preservation
regarding the South Division Sfreet Promenade Praject, City of Auburn, Washington have been
met. The different deadlines for meeting the different stipulations are specified in the MOA..
Farm ED-508 U.S. DEPARTMENT OP COMMERCE ATTACHMENT NO. 1
(Rev. 1/99) ECONOMIC DEVELOPMENT ADMINISTRATION
PUBLIC WORKS PROJECT COST CLASSIrICATIONS
Recipient: City of Auburn, Washington
EDA Award No. 07-01-06485 State: Washington County: King
Cost Glassification Proosed Anproved
Administrative and legal expenses $ 365,000 $365,000
Land, structures and rights-of-way 0 0
appraisals, eta
Relocatiqn expenses and payments 0 0
. Architectural and engineering fees 750,000 750,040
Other architectural and engineering
fees 75,000 75,000
Project inspectian fees 175,000 175,000 . Demolition and removal Q 0
Construction 5,560,000 5,560,000
Equipment U 0
Contingencies 875,000 875,000 .
~
TOTAL PROJECT COSTS $7,800,000 $7,800,000