HomeMy WebLinkAboutResolution - 5323 - EDAFA Award - USDCEDA - Rail Spur Funding, LIA Industrial Park - 10/17/1996RESOLUTION NO. 5323
October 17, 1996
Item #8
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to
execute for and on behalf of the City of Lubbock an Economic Development Administration
Financial Assistance Award and related documents with the U. S. Department of Commerce
Economic Development Administration for funding for a mil spur at the Lubbock International
Airport Industrial Park. Said Award is attached hereto and incorporated in this Resolution as if
fully set forth herein and shall be included in the minutes of the Council.
Passed by the City Council this 17th day of October , 1996.
0
ALEX "T )OK
MAYOR PR TEMPORE
ATTEST:
Kayt I
Darnell, City Secretary
APPROVED AS TO CONTENT:
M'qrk N. Earle, Director of Aviation
APPROVED AS TO FORM:
Linda L. Chamales, Supervising Attorney
Office Practice Section
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October N, 1996
RESOLUTION NO. 5323
FORM Ce460 U.S. DEPARTMENT OF COMMERCE
tctetto eppr , 1996
Itfa
1.e ..'..M
0 GRANT 99 YERATIVE AGREEMENT
DRO z H
FINANCIAL ASSISTANCE AWARD
ACCOUNTING CODE
D96641600994010
RECIPIENT NAME
AWARD NUMBER
City of Lubbock
0849-03071
STREET ADDRESS
FEDERAL SHARE OF COST
Post Office Box 2000
$1,271,250
CITY, STATE, ZIP CODE
RECIPIENT SHARE OF COST
Lubbock, Texas 79457
$423,750
AWARD PERIOD
TOTAL ESTIMATED COST
From date of approval to 27 months after approval
$1,695,000
DEPARTMENT OF COMMERCE OPERATING UNIT
Economic Development Administration
AUTHORITY
(42 U.S.C. 3243(a)(1)(A) Title IX of the Public Works and Economic Development Act of 1965, as amended
PROJECT TITLE
Title IX SSED Defense Economic Conversion Grant Involving Construction (Rail Spur)
This Award approved by the Grants Officer is issued in duplicate and constitutes an obligation of Federal funding. By
signing the two documents, the Recipient agrees to comply with the Award provisions checked below and attached.
Upon acceptance by the Recipient, one signed Award document shall be returned to the Grants Officer and the second
document shall be retained by the Recipient. If not signed and returned by the Recipient within 15 days of receipt, the
Grants Officer may declare this Award null and void.
® Special Award Conditions
® EDA Standard Terms and Conditions - Construction Program, dated July 1995
❑ Line Item Budget
❑ OMB Circular A-21, Cost Principles for Educational Institutions
® OMB Circular A-87, Cost Principles for State and Local Governments
❑ OMB Circular A-110, Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Nonprofit
Organizations Uniform Administrative Requirements
❑ OMB Circular A-122, Cost Principles for Nonprofit Organizations
® 15 CFR Part 24, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local
Governments
® 15 CFR Part 29a, Audit Requirements for State and Local Governments
❑ 15 CFR Part 29b, Audit Requirements for Institutions of Higher Education and Other Nonprofit Organizations
❑ 48 CFR Part 31, Contract Cost Principles and Procedures
❑ Otherls): _
SIGNATURE OF DEPARTMENT OF COMMERCE GRANTS OFFICER
TITLE
DATE
,h/[`/'/i
Pedro R. Garza
Director
SEP 3 0 1996
Regional
TYPED NAME AND SIGNATU E OF UTH D RECIPIENT OFFICIAL
TITLE
DATE
Alex "Ty" Cooke
10/17/96
Mayor Pro Tempore
Approved as to Form
Lind L. Chamales, Assistant City Attorney
U.S. DEPARTMENT OF COMMERCE
ECONOMIC DEVELOPMENT ADMINISTRATION
SPECIAL AWARD CONDITIONS
For Economic Adjustment Assistance Grant under Title IX, Section 903 of the Public Works and
Economic Development Act of 1965, as amended. This Award Number 08-49-03071 to the City of
Lubbock supports the work described in the Recipient's application received on August 27, 1996, which
is incorporated into this award by reference. Where the terms of this award and proposal differ, the terms
of this award shall prevail.
TITLE:
GRANTEE/ADDRESS:
GRANT ADMINISTRATOR/ADDRESS:
I. TOTAL AUTHORIZED BUDGET:
Federal Cash Contribution
Grantee Cash Contribution
Total Project Cost
Title IX Sudden and Severe Economic Dislocation
Defense Economic Conversion Assistance
City of Lubbock
Post office Box 2000
Lubbock, Texas 79457
Pedro R. Garza
Regional Director
Austin Regional Office
U.S. Department of Commerce
Economic Development Administration
903 San Jacinto Blvd.
Homer Thornberry Bldg., Suite 121
Austin, Texas 78701-2450
$1,271,250
(75%)
423,750
(25% o)
$1,695,000
(100%)
City of Lubbock
Page 2
II. DETAILED BUDGET INVOLVING CONSTRUCTION
Line Items
PROPOSED
Project No. 08-49-03071
APPROVED
Administrative expenses
$ 8,692
$ 1,000
(1)
Land, structures, etc.
70,000
70,000
Relocation expenses and payments
12,000
12,000
Architectural/eng. fees
106,140
106,000
Other architectural/eng. fees
15,000
30,000
(2)
Project inspection fees
13,560
20,500
(3)(4)
Miscellaneous
-0-
-0-
(2)
Site Work
-0-
-0-
Construction
1,314,708
1,450,000
(5)
Equipment
135,000
-no--
()
SUBTOTAL
1,675,000
1,689,500
(6)
Contingencies
20,000
20,000
(7)
TOTAL PROJECT COSTS
$1,695,000
$1,6959000
Remarks:
(1) Allowed costs to cover advertising and related expenses.
(2) Increased based on EDA experience with similar projects. Allowed costs to cover soil and concrete
testing and other expenses indirectly related to construction
(3) Increased
(4) Allowed $500 to cover potential audit fee.
(5) Combined site work, demolition, and equipment into construction costs.
(6) Revised total.
(7) Reduced contingency to remain within available funds.
City of Lubbock
Page 3
III. ADDITIONAL TERMS
Project No. 08-49-03071
1. PROJECT DEVELOPMENT TIME SCHEDULE: The Grantee agrees to the following project
development time schedule:
Time allowed after approval of Financial Assistance Award for:
Return of executed Financial Assistance Award ........................... 15 days
Start of Construction ............................................... 450 days
Constructionperiod ............................................... 12 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 Grantee accepts the completed project from the contractor(s).
The Grantee 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
Grantee shall notify the Government in writing of any event which could delay substantially
the achievement of the project within the prescribed time limits. The Grantee 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 regulation set forth
at 15 CFR 24.43 (53 Federal Register 8048-9, 8102, March 11, 1988).
2. 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 Grantee 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
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 as prescribed by Appendix B-80, Federal Register,
Volume 45, No. 194, October 3, 1980, or subsequent publications. The Grantee shall include
the "Standard Federal Equal Employment Opportunity Construction Contract Specifications"
City of Lubbock
Page 4
Project No. 08-49-03071
(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. The minority participation goal for this
project is 19.6 percent.
3. The Grantee hereby agrees that no funds made available from this award shall be used, directly
or indirectly, for paying attorneys' or consultants' fees in connection with securing awards
made by the Government, such as, for example, preparing the application for this assistance.
However, attorneys' and consultants' fees incurred for meeting award requirements, such as,
for example, conducting a title search or preparing plans and specifications, may be eligible
project costs and may be paid out of the funds made available from this award, provided such
costs are otherwise eligible.
4. EXPIRATION OF AVAILABILITY OF GRANT FUNDS: This award is subject to Public
Law 101-510, enacted November 5, 1990, Section 1405, amending subchapter IV of Chapter
15, Title 31, United States Code, which prescribes the rules for determining the availability
of appropriations. Accordingly, the grant funds obligated by this project will expire in five
years from the fiscal year of the grant award. This requires that the project be physically and
financially complete by September 30, 2001.
5. This Financial Assistance Award, subject to the other Special Award Conditions and the EDA
Standard Terns and Conditions --Construction Program, dated July 1995, shall constitute an
obligation to make such award. If the Grantee 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 one of the original Financial
Assistance Award documents within 15 calendar days from receipt, the Grantee hereby
affirms that it intends to use the award in accordance with the terms and conditions as above -
referenced.
6. Prior to disbursement of funds by EDA, the Grantee shall provide evidence satisfactory to the
Government that the Grantee has acquired good and merchantable title to all land, rights-of-
way, and easements necessary for the completion of the project.
7. Prior to disbursement of funds by EDA, the Grantee shall submit to the Government for
approval an architectlengineer agreement that meets the requirements of Section I of the EDA
publication, "Requirements for Approved Projects," as well as the competitive procurement
standards of Department of Commerce Regulations at 15 CFR 24.36 or OMB Circular A-110,
as applicable. The fee for basic architect/engineer services shall be a lump sum or an agreed
maximum and no part of the fees for other services shall be based upon a cost -plus -a -
percentage -of -cost or a cost using a multiplier.
City of Lubbock
Page 5
Project No. 08-49-03071
8. 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, 2126190). The
Grantee and subgrantees are generally prohibited from using Federal funds for lobbying the
Executive or Legislative Branches of the Federal Government in connection with this award.
The Grantee shall require each person who requests or receives from the Grantee 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. Certification forms
shall be retained by the next higher tier. All disclosure forms, however, shall be forwarded
from tier to tier until received by the Grantee, who shall forward all disclosure forms to the
Government.
The Grantee shall file and shall further require each subgrantee, contractor, or subcontractor
that is subject to the subgrantee 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.
9. 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 Grantee 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 costs
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.
City of Lubbock
Page 6
Project No. 08-49-03071
10. Grantees are hereby notified that they are encouraged, to the extent feasible, to purchase
American-made equipment and products with funding provided under this program in
accordance with Congressional intent as set forth in the resolution contained in Public Law 103-
317, Section 607.
It. The Grantee agrees to indemnify and hold the Government harmless from and against all
liabilities that the Government may incur as a result of providing an award to assist, directly or
indirectly, preparation of the project site or construction, renovation, or repair of any facility on
the project site, to the extent that such liabilities are incurred because of toxic or hazardous
contamination of groundwater, surface, soil, or other conditions caused by operations of the
Grantee or any of its predecessors on the property.
12. In affirming this Award, the Grantee 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 Grantee 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.
13. Prior to advertisement for bids, the Grantee shall provide evidence satisfactory to the
government that the FAA has performed the required aeronautical study and issued the
appropriate clearances.
14. Prior to disbursement of funds by EDA, the Grantee shall provide evidence satisfactory to the
Government that it has complied with the requirements of the Uniform Relocation Assistance
and Real Property Acquisition Policies Act of 1970 (Act) as amended by the Uniform
Relocation Act Amendments of 1987 (Act). Such evidence must include verification that
Grantee has informed all displaced persons of the benefits, policies, and procedures described
in the Act, and that all allowable costs were paid in accordance with the Act or that adequate
funds to cover such costs have been placed in escrow.
15. Prior to disbursement of funds by EDA, the Grantee shall submit independent appraisals,
satisfactory to the Government, to determine the value of the interests in real property being
conveyed as part of the Project.
16. The Grantee shall incorporate performance measures into the final construction report,
describing the process taken to assure that the objectives were met during the development of
the rail spur at the Lubbock international Airport Industrial Park.
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