HomeMy WebLinkAboutITEM IV-Dyl OBuRN, AGENDA BILL APPROVAL FORM
A I VY k "I'. _'L,:0"41
Agenda Subject: Resolution No. 4594 and project initiation
Date: April 19, 2010
Department: Planning and
Attachments: Resolution No. 4594
Budget Impact: $4,800,000
Development
and Exhibit A
(identified in Capital Facilities
Plan)
Administrative Recommendation:
The City Council adopt Resolution No. 4594.
Background Summary:
The City presented 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 Administration (EDA) by this board. Next step, the City submitted a pre-
application for investment assistance August 2008. The City 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 application on June 2, 2009. Our formal application
was submitted August 27, 2009 and the review process with EDA began. Our application was forwarded
to the Washington, 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 required; EDA's contribution to the total project
cost is 38%. The total project cost for the South 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 appropriation and expenditure of U.S. Department of Commerce
Economic Development Administration grant funds in the amount of $3,000,000 for Project No. CP1005
authorizes the Mayor or his designee to accept the EDA investment award of $3,000,000 and to execute
the necessary paperwork.
Reviewed by Council & Committees:
Reviewed by Departments & Divisions:
❑ Arts Commission COUNCIL COMMITTEES:
❑ Building ❑ M&O
❑ Airport ® Finance
❑ Cemetery ❑ Mayor
❑ Hearing Examiner ❑ Municipal Serv.
❑ Finance ❑ Parks
❑ Human Services ® Planning & CD
❑ Fire ® Planning
❑ Park Board ® Public Works
® Legal ❑ Police
❑ Planning Comm. ❑ Other
® 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: Norman
Staff: Snyder
Meeting Date: May 3, 2010
Item Number:
AUBURN * MORE THAN YOU Ii1riAGINED
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 Auburn desires to pursue the South Division
Street 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 the vicinity
requires improvements to South Division Street between 3rd 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 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 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 2of3
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.
CITY OF AUBURN
PETER B. LEWIS
MAYOR
ATTEST:
Danielle E. Daskam, City Clerk
APPROVED AS TO FORM:
Daniel B. Heid, City Attorney
Resolution No. 4594
April 21, 2010
Page 3of3
Exhibit 1
"NO APR 16 FIM '1 58
April 14, 2010
U. S. DEPARTMENT OF COMMERCE
Economic Development Administration
915 Second Avenue, Room 1890
Seattle, WA 98174
Fax: 206.220.7669
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
Auburn, Washington 98001
Dear Mayor Lewis:
I am pleased to inform you that the Department of Commerce'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 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 witliin 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 promoting
innovation and competitiveness, preparing Ainerican regions for growth and success in the
worldwide economy. 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,
,
rd Smith
Director
Enclosures
FORMCD-450 U,S. DEPARTMENT OF COMMERCE
~I GRANT ❑ COOPERATIVE AGREEMENT
(REV.12-0409}
(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, ZIP CODE Auburn, Washington 98001
RECIPIENT SHARE OF COST $ 4,800,000
AWARD PERIOD From date of approval shown below through 60 months
TOTAL ESTIMATED COST $ 7,800,000
DEPARTMENT OF COMMERCE OPERATING UNIT Economic Development Administration
AUTHORITY 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 SUBACTIVITY
OBJECT I
CLASS EXPEND
ENTITY
20
10
40
01
210
41
10
16
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.
® EDA Standard Terms and Conditions Public Works and Implementation Construction Components, dated 1212007
® Special Award Conditions and Attachments
® Line Item Budget
Xn 15 CFR Part 24, Uniform Admin Requirements for Grants/Cooperative Agreements to State & Local Governments
® 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 Educational 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 RCE G S
NAME A. Leonard Smith
DATE
OFFICER
TITLE Regional Director
April 14, 2010
SIGNATURE/OF AUTHORIZED RECIPIENT OFFICIAL
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 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 - 30 days
Time allowed after acceptance by Recipient of Financial Assistance Award for:
Start of Construction
Construction Period
- 24 months
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 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. Re&. 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" 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 Register ister 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 as prescribed by Appendix B-80, Federal Re ig stei,
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. 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 authorization to start construction, the Recipient shall provide evidence
satisfactory to the Government that the Recipient has acquired good and merchantable 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. ARCHITECT/ENGINEER AGREEMENT: 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 Standards" 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 area's grant rate eligibility at the time of award, whichever is less.
6. REPORT ON UNLIQUIDATED 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 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 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
Special Award Conditions
Award No: 07-01-06485
City of Auburn, Washington
GRANT 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 reasonably be expected to proceed
promptly and expeditiously.
8. PRESERVATION OF OPEN COMPETITION AND GOVERNMENT NEUTRALITY
TOWARDS GOVERNMENT CONTRACTORS' LABOR RELATIONS ON FEDERAL AND
FEDERALLY FUNDED 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 organizations, on the same or other related
construction 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 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.) 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 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 Government 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 with respect to the award of Investment Assistance under PWEDA,
The two-year period and associated restrictions referenced above also shall apply begirming 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
Special Award Conditions
Award No: 07-01-06485
City of Auburn, 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 Memorandum of Agreement (MOA) between the EDA, City 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 are specified in the MOA.
Form ED-508 U.S. DEPARTMENT OF COMMERCE ATTACHMENT NO. 1
(Rev. 1199) 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
Administrative and legal expenses
Land, structures and rights-of-way
appraisals, etc.
Relocation expenses and payments
Architectural and engineering fees
Other architectural and engineering
fees
Project inspection fees
Demolition and removal
Construction
Equipment
Contingencies
Proposed Approve
$ 365,000 $365,000
0 0
0 0
750,000 750,000
75,000
175,000
0
5,560,000
0
875,000
75,000
175,000
0
5,560,000
0
875,000
TOTAL PROJECT COSTS $7,800,000 $7,800,000