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HomeMy WebLinkAboutContract l 0 CAG-93-078 CD-450 United States Department of Commerce (EDA/ADP) [X] Grant (10/92) FINANCIAL ASSISTANCE AWARD j 1 Cooperative Agreement Award Number 07-01-03375 Project Title Accounting Code Construction of arterial improvements on Park Avenue N. U.S. Share Of Cost and the intersection at Park/Lake Washington Blvd. to $$ 1,.320,000 improve access to the industrial area Recipient's Share of Cost $ 1,880,000 From To 26 Months Total Estimated Cost Award Period Date of Approval After Approval $ 3,200,000 Recipient's Name City of Renton Street Address 200 Mill Avenue South City State Zip Code Renton Washington 98055 Authority: Public Works and Economic Development Act of 1965, as amended. Special Award Conditions Attached. The Recipient agrees to execute the work in accordance with the approved application to the extent encompassed by this award, the attached documents, the nondiscrimination requirements set forth on the reverse of this document, and the pertinent rules checked below and any subsequent revisions: [X] EDA Standard Terms & Conditions--Construction Program, dated 6/92 [X] 15 CFR, Part 24 (53 Fed. Reg. 8048, 8087-8103, March 11, 1988) [ ] OMB Circular A-21 [ ] OMB Circular A-110 [X] OMB Circular A-87 [ ] OMB Circular A-122 [X] OMB Circular A-128 [ ] OMB Circular A-133 [ ] 48 CFR, Part 31, "Cost Pri iples for Commercial Organizations" [ ] Othe s: tin Signature ssista t Secretary Title a for conomic Development) Grants Officer Signature (Aut orized Recipient Title Date 0 ial) \ Al Mayor Earl Clymer Atte zt RECIPIENT ISLREQU D TO SIGN BOT OPIES OF THIS DOCUMENT D RETURN ONE COPY WITHIN 45 DAYS TO: John D. WoodwAfd Regional Director GRANTS OFFICE: Economic Development Administration Jackson Federal Bldg, Room 1856 915 Second Avenue Seattle, Washington 98174 NONDISCRIMINATION REQUIREMENTS The recipient agrees to comply with Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) prohibiting discrimination under Federally assisted programs on the grounds of race, color, or national origin and Department of Commerce regulations implementing Title VI (15 C F R Part 8); Title IX of the Education Amendments of 1972, as amended, (20 U.S.C. 1681 et seq.) prohibiting discrimination on the bass of sex in Federally assisted education programs or activities; 5504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) prohibiting discrimination under any program or activity receiving Federal financial assistance on the basis of handicap and Department of Commerce regulations implementing Section 504 (15 C F R Part 8b); the Age Discrimination Act of 1975, as amended (42 U.S.C. 6101 et seq.) prohibiting discrimination on the bass o� ige in programs or activities receiving Federal financial assistance and Dep� tment of Commerce regulations implementing' the Act CLS CFR Part 20); Part III of Executive Order 11246 (30 F.R. 12319, September 25, 1965) as amended by Executive Order 11375 (32 F.R. 14303, October 17, 1967) requiring Federally assisted construction contracts to include the provisions of S203 of the Executive Order and the regulations of the Department of Labor implementing the Executive Order with which the Department of Commerce and its recipients must comply (41 CPR 60-L4(b)); any other regulations implementing these statutes and orders. EXHIBIT "A" U.S. DEPARTMENT OF COMMERCE Economic Development Administration Page 1 of 4 Public Works and Development Facilities Award No. 07-01-03375 RECIPIENT: City of Renton Renton, King County, Washington SPECIAL AWARD CONDITIONS 1. PROJECT DEVELOPMENT TIME SCHEDULE: The Recipient agrees to the following Project development time schedule: Time allowed after approval of Financial Assistance Award for: Return of Executed Financial Assistance Award - 45 days Start of Construction - 240 days Construction Period - 18 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 ursue diligently the P g y 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 ction to terminate the e Award in accordance with the regulations 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 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 con- struction 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 I Exhibit "A" Award No. 07-01-03375 SPECIAL AWARD CONDITIONS City of Renton, WA Page 2 of 4 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 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. PROHIBITION OF ATTORNEYS' AND CONSULTANTS' FEES: The Recipient 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' ' rneys 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 for 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, 1998. 5. 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 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 45 calendar days from the date of approval by the Assistant Secretary, the Recipient hereby affirms that it intends to use the Award in accordance with the terms and conditions as above-referenced. i Exhibit "A" Award No. 07-01-03375 SPECIAL AWARD CONDITIONS City of Renton, WA Page 3 of 4 6. DISCLOSURE OF FEDERAL PARTICIPATION: In compliance with section 623 of Public Law 102-393, 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 agrees to: a. specify in p y any announcement of the awarding of the contract for the procurement of the goods and 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 have an aggregate value of less than $500, 000. 7. NEW RESTRICTIONS ON LOBBYING: This Award is subject to section 319 of Public Law - 101 121, which added section 1352 regarding g g 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, 2/26/90) . The Recipient and subrecipients are generally prohibited from using Federal funds for lobbying the y g Executive or Legislative Branches of the Federal Government in connection with this Award. The Recipient shall require each person who requests or receives from the Recipient 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. Certifications shall be retained by the next higher tier. All disclosure forms, however, shall be forwarded from tier to tier until received by the Recipient, who shall forward all disclosure forms to the Government. The Recipient shall file and shall further require each subgrantee, contractor, or subcontractor that is subject to the subrecipient ' 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 101-393 . Exhibit "A" Award No. 07-01-03375 SPECIAL AWARD CONDITIONS City of Renton, WA Page 4 of 4 8. TITLE: Prior to start of 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. 9. NONRELOCATION - AREAWIDE UTILITY SYSTEM: It has been determined that the proposed Project facilities involve the construction of an areawide utility system. The Recipient acknowledges its responsibility for determining that all employers which use or are projected to use greater than ten percent (10%) of the increased capacity of the areawide utility system provided by this Project, are in compliance with EDA's Nonrelocation Regulation as set forth in 13 CFR 309.3. Thise nonrelocation restriction is in effect for the forty-eight (48) month period following Award approval. The Recipient further acknowledges its responsibility for obtaining properly executed Certificates of Nonrelocation from said employers. If any of the above-mentioned employers are found to be in violation of EDA's Nonrelocation Regulation as set forth in 13 CFR 309.3 and the Recipient has not previously obtained a properly executed Nonrelocation Certificate from same, the Government will terminate the Award for cause and demand repayment of the full amount of this Award, plus interest, all as is more fully set forth in 13 CFR 309.3. June 1992 Exhibit "B" U. S. DEPARTMENT OF COMMERCE ECONOMIC DEVELOPMENT ADMINISTRATION STANDARD TERMS AND CONDITIONS Title I Public Works and Development Facilities and Title IX Implementation Grant Construction Components For the purpose of these Standard Terms and Conditions, (a) the term "Government" refers to the Economic Development Administration (EDA) ; (b) the term "Recipient" refers to the undersigned recipient of Government funds under the Agreement to which this attachment is made a part; (c) the term "Department" refers to the Department of Commerce ; and (d) the term "Regional Office" refers to the appropriate Regional Office of the Economic Development Administration. The Public Works and Economic Development Act of 1965 and its amendments (42 U.S.C. 3121, et se q. ) are hereinafter referred to as P.L. 89-136. A. Statutory and Executive Order Requirements Some of the terms and conditions herein contain, by reference or substance, a summary of the pertinent statutes or of regulations published in the Code of Federal Regulations (CFR) . To the extent that it is a summary, such term or condition is not in derogation of, or an amendment to, the regulation issued by a Federal agency. All statutes or regulations whether or not referenced herein are to be applied as amended on the date they are administered. 1. The Recipient shall comply, and require each of its contractors and subcontractors employed in the completion of the project to comply, with all applicable Federal, state, territorial, and local laws, and in particular the following Federal Public Laws, the regulations issued thereunder , and Executive Orders and Office of Management and Budget (OMB) Circulars : a . The Public Works and Economic Development Act of 1965, P.L. 89-136, as amended (42 U.S .C. 3121, et se g. ) , and regulations in 13 CFR, Chapter III; b. The Davis-Bacon Act as amended (40 U.S.C. 276a to 276a (5) ; 42 U.S.C. 3222) ; C. The Contract Work Hours Standards Act, as amended (40 U.S.C. 327-333) ; d. The Copeland "Anti-Kickback" Act, as amended (40 U.S.C. 276 (c) ; 18 U.S.C. 874) ; -2- 0 e . Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000d-2000d-4) ; Executive Orders 11114, 11246, and 11375; 41 CFR- Part 60-4 ; P.L. 92-65, Section 112, prohibiting sex discrimination on programs under the Public Works and Economic Development Act; 13 CFR Part 311 imposing civil rights requirements on recipients ; regulations issued pursuant to the Age Discrimination Act of 1975 (42 U.S.C. 6101, et seq. ) ; 15 CFR Part 20 ; Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794) , and the implementing regulations of the Department of Commerce in 15 CFR 8b, prohibiting discrimination against and providing fair and equitable treatment of the handicapped under programs or activities receiving Federal financial assistance ; and such other civil rights legislation as is applicable ; f. The Clean Air Act, as amended (42 U.S.C. 7401 , et seg.); g. The Federal Water Pollution Control Act, as amended (33 U.S.C. 1251, et seq. ) ; h. The Endangered Species Act, as amended (16 U.S.C. 1531, et seq. ) ; i . The Coastal Zone Management Act of 1972, as amended (16 U.S.C. 1451 , et seq. ) ; j . The Safe Drinking Water Act of 1972, as amended (42 U.S.C. 300f-j9) ; k. The Energy Conservation and Production Act (applicable to construction of new residential and commercial structures) (42 U.S.C. 6801., et seq. ) ; 1. The Wild and Scenic Rivers Act, as amended (16 U.S.C. 1271 , et seq. ) ; M. The Historical and Archeological Data Preservation Act, as amended (16 U.S.C. 469a, et seq. ) ; n . Executive Order 11990, Protection of Wetlands, May 24, 1977 ; o. P.L. 90-480, as amended (42 U.S.C. 4151, et se g. ) , and the regulations issued thereunder, prescribing standards for the design and construction of any building or facility intended to be accessible to the public or that may result in the employment of handicapped persons therein ; p. The Uniform Relocation Assistance and Real Property -Acquisition Policies Act of 1970, P.L. 91-646, as amended (42 U.S.C. 4601, et seq. ) ; and 15 CFR Part 11 ; • -3- • q. The Flood Disaster Protection Act of 1973 , P.L. 93-234, as amended (42 U.S.C. 4002, et se q. ) , and regulations and guidelines issued thereunder by the Federal Emergency Management Administration (FEMA) or the Economic Development Administration; r . Executive Order 11988, Floodplain Management, May 24, 1977, and regulations and guidelines issued thereunder by the Economic Development .Administration ; S. The National Environmental Policy Act of 1969 (P.L. 91-190) ; the National Historic Preservation Act of '1966 (16 U.S.C. 470 et seq. ) ; Executive Order 11593 of May 13, 1971 , and all pertinent rules and regulations issued thereunder ; i t. The Lead-based Paint Poisoning Prevention Act (42 U.S.C. 4831) and the implementing regulation in 13 CFR 309. 29; U. The Resource Conservation and Recovery Act of 1976, as amended (42 U.S.C. 6901) ; V. The Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (42 U.S.C. 9601 et seq. ) ; and W. The Drug-Free Workplace Act of 1988, P.L. 100-690, Title V, Subtitle D, and 15 CFR Part 26 (55 FR 21678, May 25, 1990) for projects approved on or after March 18, 1989. A Drug-Free Workplace Act certificate is required prior to award approval. X. Restrictions on Lobbying, section 319 of P.L. 101-121 , 15 CFR Part 28, (55 FR 6736-6748, 2/26/90) . y. Executive Order 12549, Debarment and Suspension, and 15 CFR Part 26, Governmentwide Debarment and suspension (Nonprocurement) . 2. If the project includes sewer or other waste disposal facilities, the Government will not approve final plans and specifications, nor authorize advertising for bids or disburse funds until the Environmental Protection Agency has issued a certificate, as required by Section 106, P.L. 89-136 (42 U.S.C. 3136) . 3 . The Recipient shall file the certification and agreements required by Section 711 , P.L. 89-136 (42 U.S .C. 3221) , 13 CFR 309. 7, as amended, regarding the use of expediters and administrative employees. -4- 4. The Recipient agrees that, for the expected useful life of the facility assisted with this award, the project will be properly and efficiently administered, operated and maintained, as required by Section 604 of P.L. 89-136 (42 U.S.C. 3204) , for the purpose authorized by this award and in accordance with the terms, conditions, requirements and provisions of the award. If the Government determines, at any time during the useful life of the facility, that the project is not being properly and efficiently administered, operated and maintained, the Government will terminate the award for cause and require the Recipient to repay the award. 5. For awards subject to OMB Circular A-110, the Recipient shall maintain advances of Federal funds in interest bearing accounts. Interest earned on Federal advances deposited in such accounts (with the exception of $100 per year which may be retained for administrative expenses) shall be remitted promptly, but no less frequently than quarterly. Each check submitted should be made out to the Economic Development Administration and should identify on its face the EDA project number followed by the word INTEREST in order to identify the check in question as remittance of interest income. The checks should be mailed to: ECONOMIC DEVELOPMENT ADMINISTRATION P. O. BOX 100202 ATLANTA, GEORGIA 30384 6. The Recipient shall abide by the pertinent Property Management Standards set forth at 13 CFR Part 314. B. Financial Requirements 1 . The line item budget for this award is attached to the Grant Award. 2. Payments to the Recipient will be made through Automated Clearing House 'Electronic Funds transfer or reimbursement by Treasury check. 3. Requests for budget changes (as identified in OMB Circular A-110 and 15 CFR Part 24, and any amendments thereto, as applicable) must be submitted to the Government. The Recipient will be notified in writing of a final determination. 4 . For those awards subject to OMB Circular A-122, the indirect costs will not be allowable charges against this award unless specifically included as a line item in the approved budget for this award. -5- • The dollar amount of indirect costs in the approved budget should be a reflection of any established indirect cost rate negotiated and approved by a cognizant Federal agency prior to the effective date of this award, subject to the limitation in subparagraph 4c. below. If the Recipient has not previously established an indirect - cost rate with a Federal agency, the negotiation and approval of a rate is subject to the procedures in OMB Circular A-122 and the following subparagraphs : a. The Department of Commerce Office of Inspector General (OIG) is authorized to negotiate indirect cost rates on behalf of the Government for those organizations for which the Department is cognizant. The OIG will negotiate only fixed rates. Indirect cost rates negotiated and approved after the date of award shall not apply to this award, unless the Recipient submits the required documentation (indirect cost proposal, cost allocation plan, etc. ) to establish such rates within 90 days of award. b. When a Federal agency other than the Department of Commerce has responsibility for establishing an indirect cost rate, the Recipient is required to submit the required documentation (indirect cost proposal, cost allocation plan, etc. ) to establish such rates within 90 days of award . C . Regardless of any approved indirect cost rate applicable to the Recipient or this award, the maximum dollar amount of allocable indirect costs .for which the Government will reimburse the Recipient shall be the les.ser, of : (1) The line item amount for the Federal share of indirect costs contained in the approved budqet for this award ; or (2) The Federal share of the. total allocable indirect costs for, the award. d. The Government' s acceptance of negotiated rates as provided in this section is subject to total indirect costs not to exceed 100 percent of total direct costs. Where the indirect cost rate exceeds 100 percent, a 100 percent rate shall be used to compute the dollar amount of indirect costs. Any actual indirect costs incurred by the Recipient which are greater than the indirect cost line item in the budget . will not be treated as a cost of the award by the Government for the purpose of final cost settlement. Instead, the excess actual indirect costs will be carried .forward as an adjustment to the indirect cost rate computation . of a future period. • -6- • e . Excess indirect costs will not be used to offset unallowable or disallowed direct costs when the Government determines the total allowable costs of the award. 5. To the extent applicable to this award, contributions by the Recipient, whether in cash or in kind, are expected to be paid out at the same general rate as the Federal share. Exceptions to this requirement may be granted by the Government based on sufficient documentation demonstrating previously determined plans for or later commitment of cash or in kind contributions as outlined in the Recipient' s application. Such exceptions must be approved in writing by the Government. The approved budget for this award is predicated upon a sharing of allowable costs. In the event allowable costs are less than the approved budget, the Federal share of this award will be limited to the percentage of the total allowable costs not to exceed the total Federal dollar amount reflected on the award document (Form CD-450 or Form CD-451) . 6. Program income earned during the project period shall be retained by the Recipient and (a) added to funds committed to the project by this award and used to further eligible program objectives ; or (b) deducted from the total project costs for the purpose of determining the net costs on which the Federal share of costs will be based. 7. No obligation shall be created by the Recipient for any purpose pertaining to the operation of the program or activities for which the funds were awarded where the obligation would require performance beyond the expiration date stipulated in the award document. Funds may only be expended beyond the expiration date (within 90 days of the closeout period) for activities such as the preparation of final reports and documents directly associated with closeout of the award and for obligations properly created prior to the expiration date that may result in disbursement beyond the expiration but within 90 days of the expiration date. Verbal or written assurances of funding shall not constitute authority to obligate funds for programmatic activities beyond the expiration date. Funds shall not be obligated unless or until an award document is received by the Recipient from the Government authorizing such obligations. 8. The Government is not obligated to provide any additional funding in connection with this award. Any increase of this award or extension of the period of performance is at the sole discretion of the Government. I _7_ 9. Refunds of FICA/FUTA taxes received by the Recipient during or after this award period must be refunded or credited to the Government where the benefits were financed by Federal funds under this award. The Recipient agrees to refund portions of FICA/FUTA taxes determined to belong to the Government, including refunds received after the expiration of this award. The Recipient agrees to initiate action to contact the Government immediately upon receipt of refunds. 10. Any debts determined to be owed the Government shall be paid promptly by the Recipient. A debt will be considered delinquent if it is not paid within 30 days of the due date. If the debt is not paid by the stated due date, the Recipient (with the exception of state and local governments and Indian tribal governments) shall be subject to late payment charges imposed by the government. The late payment charges are as follows : a. As established by the Debt Collection Act of 1982, the minimum annual rate to be assessed for interest charge on a delinquent debt is the Department of the Treasury' s Current Value of Funds Rate. This rate is published in the Federal Register by the Department of the Treasury. The assessed rate shall remain fixed for the duration of the indebtedness. The interest charge shall accrue from the date of the letter which notifies the debtor of the debt. b. A penalty charge will be charged on any portion of a debt that is delinquent for more than 90 days, and the charge will accrue and be assessed from the date the debt became delinquent; C. An administrative charge to cover processing and handling the amount due. d. State and local governments are not subject to B. 10 a. and B. 10 b. above. Upon establishment of an account receivable or approval of a debt repayment schedule, payments to the Recipient may be suspended under any current DOC awards and/or the Recipient placed on a reimbursement only by a Treasury check method of payment until the debt is paid for failure to pay the debt by the due date on the billing notice. Once an account receivable has been established or a repayment agreement to pay the debt has been approved, failure to pay the debt by the due date may result in the suspension of payments to the Recipient under any current Government awards and/or placement of the Recipient on a reimbursement only by Treasury check method of payment until the debt is paid. -8- If a debt is over 30 days old, all future and pending Government awards to the Recipient may be suspended and the Recipient may be suspended or debarred from further Federal financial and nonfinancial assistance and benefits, as provided in 15 CFR Part 26, until the debt has been paid in full or until a repayment agreement has been approved and payments are made in accordance with the agreement. Failure to pay the debt or establish a repayment agreement by the due date will also result in the referral of the debt for collection action. C. Reporting Requirements Financial and performance (technical) reports must be submitted in accordance with the procedures in 15 CFR Part 24 and the schedule indicated below. Failure to submit required reports in a timely manner may result in withholding payments under this award or deferring the processing of new awards, amendments, or supplemental funding pending the receipt of the overdue report (s) , and/or establishing an account receivable for the difference between the total Federal share of outlays last reported and the amount disbursed. 1. Project performance reports shall be submitted in duplicate for each calendar quarter . The project performance report will be due not later than January 15, April 15, July 15 and October 15 for the immediate previous quarter year . The report submission dates are to be no more than 30 days after the due date, with a due date of 90 days after expiration of the award. This reporting requirement begins with the Recipient ' s acceptance of the award and ends when the final project disbursement is approved. The project performance report should be mailed to the appropriate Regional Office . 2. Recipients of awards which involve both Federal financial assistance valued at $500, 000 or more and procurement of supplies, equipment, construction, or services shall be required to submit the SF-334, "Minority Business Enterprise/ Women Business Enterprise Utilization Under Federal Grants, Cooperative Agreements, and Other Federal Financial Assistance. " Reports shall be submitted on a quarterly basis for the period ending March 31, June 30, September 30, and December 31. Reports are due no later than thirty (30) days following the end of the reporting period during which any procurement in excess of $10, 000 is executed under this award. The report should be submitted in duplicate to the Regional Office . Any questions concerning this report should be directed to the Regional Office. • -9- • D. Audit Requirements The Inspector General of the Department of Commerce, or any of his or her duly authorized representatives, shall have access to any pertinent books, documents, papers and records of the Recipient, whether - written, printed, recorded, produced, or reproduced by any mechanical, magnetic, or other process or medium, in order to make audits, inspections, excerpts, transcripts, or other examinations as authorized by law. Under the Inspector General Act of 1978, as amended, 5 U.S.C. App. I , section 1 et seq. , an audit of this award may be conducted at any time. The Office of Inspector General usually will make the arrangements to audit this award, whether the audit is performed by Inspector General personnel, an independent accountant under contract with the Department, or any other Federal, state or local audit entity. For awards to State and local governments, the Recipient is subject to the audit requirements found in the Single Audit Act of 1984, P.L. 98-502, as implemented by OMB Circular A-128 and Department of Commerce regulation found at 15 CFR Part 29a. For awards to institutions of higher education and other profit and nonprofit organizations the Recipient is subject to the audit requirements found in the Single Audit Act of 1984, P.L. 98-502, as implemented by OMB Circular A-133 and the Department of Commerce regulation 15 CFR part 29b published in the Federal Register on April 19, 1991, at 56 F.R. 15992-15998. For all other awards where a special award condition stipulates, the Recipient shall arrange for an audit of the project funded by this award. 'The cost of the audit is an allowable cost under this award. For audits not performed under the Single Audit Act: 1. An audit of this award may result in the disallowance of costs incurred by the Recipient and the establishment of a debt (account receivable) due the Government. For this reason, a Recipient should take seriously its responsibility to respond to all audit findings and recommendations with adequate explanations and supporting evidence whenever audit results are disputed and the Recipient has the opportunity to comment. ?, 2. A Recipient whose award is audited has the following opportunities to dispute the proposed disallowance of costs and the establishment of a debt: a. Unless the Inspector General determines otherwise, the Recipient will be given 30 days from the transmittal of the draft audit report in which to submit written comments and documentary evidence. -10- b. The Recipient will be given 30 days from the transmittal of the final audit report in which to submit written comments and documentary evidence. There will be no extension of this deadline. On the basis of all the evidence available at the expiration of this time period, the Government will make a decision on the actions it will take as a result of the final audit report. C. The Government 's decisions to disallow costs under the award and to establish a debt (as well as its decisions on nonfinancial issues) will be sent to the Recipient in an Audit Resolution Determination letter . This letter will contain information on the procedures to be followed by the Recipient to appeal the Government' s decisions . The Recipient will be given 30 days from the transmittal of this letter in which to pay any debt or to seek reconsideration of the determination. This appeal will be addressed to the Inspector General and to the head of the agency administering the financial assistance award. There will be no extension of this deadline. This appeal is the last opportunity for the Recipient to submit to the Government arguments and evidence that dispute the validity of the audit-related debt. d. After the opportunity to appeal has expired, or after the final decision on reconsideration has been made, no further submissions from the Recipient will be accepted concerning its dispute of the Government' s decisions on the settlement of costs under the award. An appeal does not preclude the Recipient ' s obligation to pay the debt nor does the appeal preclude the accrual of interest on the debt. If the debt is not paid, other collection action will be undertaken, but the legal validity of the debt will not thereafter be reconsidered. 3. There are no other administrative appeals available in the Department concerning this matter . An audit report performed in compliance with the requirements of 15 CFR Part 29a or Part 29b should be sent to the cognizant Federal agency. A copy of the transmittal letter should be provided to the Grants Officer . If the Department of Commerce is the cognizant agency, the audit report should be sent to: U.S. Department of Commerce Inspector General, Office of Audits Atlanta Regional Office 401 West Peachtree, N.W. , Room 2342 Atlanta, Georgia 30308 -11- E. General Requirements 1. Except for such aspects as, but not limited to, zoning, building permits, and recording requirements, this award shall be governed by and construed under Federal law. 2. The Recipient shall comply with the administrative, procedural and policy requirements contained in applicable EDA regulations and with requirements in the current edition of the EDA booklet, "Requirements for Approved Projects. " In the event of an inconsistency, etc. , EDA' s regulations shall be controlling. 3. The Government reserves the right to suspend the award and withhold further payments, or prohibit the Recipient from incurring additional obligations, pending corrective action by the Recipient or a decision by the Government to terminate the award unless the project is completed to the satisfaction of the Government. 4. The Government shall have the right to terminate for cause all or any part of its obligation hereunder if: a. Any representation made by the Recipient to the Government in connection with the application for Government assistance shall be incorrect or incomplete in any material respect. b. The intent and purpose and/or the economic feasibility of the project is changed substantially so as to affect significantly the accomplishment of the project as intended. C. The Recipient has violated commitments it has made in its application and supporting documents or has violated any of the terms and conditions of this award. d. Any official, employee, architect, attorney, engineer , or inspector of or for the Recipient or any Federal, state, or local official or representative becomes directly interested financially in the acquisition of any materials or equipment, or in any construction for the project, or in the furnishing of any service to or in connection with the project, or any benefit arising therefrom. • e. The Recipient fails to report immediately to the Government any change of authorized representative (s) acting in lieu of or on behalf of the Recipient. 5. The obligations hereunder may be terminated for convenience if: a. Both the Recipient and the Government agree that continuation of the project would not produce beneficial results commensurate with the further expenditure of funds. • -12- • b. Both the Recipient and the Government agree upon the termination conditions, including the effective date and, in the case of partial terminations, the portion to be terminated. C. The Recipient agrees to incur no new obligations for the terminated potion after the effective date and to cancel. or satisfy all outstanding obligations as of that date. 6. The Recipient shall have the sole authority and full responsibility, without recourse to the Federal Government or any of its agencies, for the settlement and satisfaction of all contractual and administrative issues arising out of this. award. 7. The Recipient hereby agrees that the Government may, at its opt�ion,. withhold disbursement of any award funds if the Government learns, or has knowledge, that the Recipient has failed to comply in any manner with any provision of the award. The Government will withhold funds until the violation or violations have been corrected to the Government ' s satisfaction. The Recipient further agrees to reimburse the Government for any ineligible costs which were paid from award funds, or if the Recipient fails to reimburse the Government, the Government shall have the right to offset the amount of such ineligible costs from any undisbursed award funds held by the Government. The Recipient agrees to repay the Government for all ineligible costs incurred in connection with the project and paid from the award including, but .not limited to, those costs determined to be ineligible if the Government learns of any award violations after all award funds have been disbursed. 8. The Recipient hereby agrees, in the event a beneficiary of the EDA assisted project fails to comply in any manner with certifications, assurances, or agreements that such beneficiary has entered into in accordance with EDA requirements, that the Recipient will reimburse the Government the award amount or an amount to be determined by the Government pursuant to 13 CFR Part 314 . Where the Government determines that the failure of the beneficiary to comply with EDA requirements affects a portion of the property benefitted by the award, the Recipient will reimburse the- Government proportionately. 9. All requests by the Recipient for, programmatic changes must be submitted to the Government. The Recipient will be notified in writing of. the final determination. -13- • 10. The name check requirement applies to nonprofit and q PP P for-profit organizations. Both officials of state and local governments and officials of accredited colleges and universities who are acting on behalf of their respective entities in applying for assistance are exempt from the name check requirement. In addition, all elected officials of state and local governments who are serving in other capacities when applying for assistance are exempt. a. The Government reserves the right to take any action affecting this award if, as a result of the name check review, either subsequent to granting of the award or acceptance of the award, one of the following occurs : (1) The Recipient fails to identify, and to submit Form CD-346, "Identification - Applicant For Funding Assistance, " or, when required , Form FD-258, "Applicant Fingerprint Chart, " for each of the following key individuals : ( i) Sole proprietorship - the proprietor ; (ii) Partnership - each partner (general and limited) (For Certified Public Accounting firms, only those individuals who have authority to speak for and/or commit the Recipient in the management of the award and/or expend funds are subject to the name check review. ) ; (iii) Corporation - each officer , each individual owning or controlling at least 20 percent of the enterprise ; the chief financial manager ; the project manager ; and any other person or entity who has authority to speak for and/or commit the Recipient in the management of the award and/or expend funds ; (iv) Joint venture - each officer of each company in the joint venture ; each individual owning or controlling at least 20 percent of each company in the joint venture ; the chief financial manager of each company in the joint venture ; the project manager ; and any other person or entity who has authority to speak for and/or commit the Recipient in the management of the award and/or expend funds ; and (v) Nonprofit organization - executive director , project manager , chief financial manager and any other person or entity who has authority to speak for and/or commit the Recipient in the management of the award and/or expend funds. -14- (2) The Recipient, key individual, or any other person associated with this award made an incorrect statement or omitted a material fact on the Form CD-346 or Form FD-258 ; (3) Significant adverse findings result from the name check review that reflect on the integrity or responsibility of the Recipient and/or key individual. b. In the event of a significant adverse finding , the Government, at its discretion, may take one or more of the following actions : (1) Terminate the award immediately for cause ; (2) Require the removal from association with the management of and/or implementation of the project any person or persons and, if appropriate, require that the Government be afforded the right of final approval of any person or persons to replace any individual removed as a result of this condition; (3) Make appropriate provisions or revisions at the Government ' s discretion with respect to method of payment and/or financial reporting requirements. 11. Notwithstanding any other provision of this award, the Recipient shall not transfer , pledge, mortgage, or otherwise assign this award, or any interest therein, or any claim arising thereunder , to any party or parties, bank trust companies, or other financing or financial institutions. 12. Unless otherwise specified in the Special Award Conditions, the .Recipient warrants that no person or selling agency has been employed or retained to solicit or secure this award upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees, or bona fide established commercial or selling agencies maintained by the Recipient for the purpose of securing business. For breach or violation of the warrant, the Government shall have the right to annul this award without liability or, at its discretion, to deduct from the award sum, or otherwise recover , the full amount of such commission, percentage, brokerage, or contingent fee. s 13. No member of or delegate to Congress or resident Federal Commissioner shall be admitted to any share or part of this award or to any benefit that may arise therefrom; but this provision shall not be construed to extend to this award if made to a corporation, education, or nonprofit institution .for its general benefit. i I -15- 14. The Recipient shall provide written notification to the Government in the event that, subsequent to this award, other Federal financial assistance is received relative to the scope of work of this award. 15. The Recipient, or any subgrantee or subcontractor, shall not subgrant or subcontract the approved project in whole or in part to any agency of the Department. The Recipient, or any subgrantee or subcontractor, shall not subgrant or subcontract any part of the approved project to any other Federal department, agency or instrumentality, without the advance written approval of the Government, the Department' s Office of General Counsel and the legal office of the department, agency or instrumentality receiving the subaward. 16. The Government determines who retains title to all nonexpendable personal property of a unit acquisition cost of $1, 000 or more (for awards subject to OMB Circular A-110) or $5, 000 or more (for awards subject to 15 CFR Part 24) . Use, management, and disposition of the property will be in accordance with the applicable circular or common rule. Title to real property (whether acquired partly or wholly with Federal funds) shall vest with the Recipient subject to the condition that the Recipient shall use the real property for the authorized purpose of the project. When the Recipient determines the property is no longer needed for the purpose of the original project, the Recipient shall obtain prior approval from the Government for the use of real property in other projects. Use in other projects shall be limited to those other Federally funded projects which have purposes consistent with those authorized for support by the Economic Development Administration. When property is no longer required as provided above, the Government determines final disposition which may include one of the following : a. The Recipient will be permitted to retain title after it compensates the Government in an amount computed by applying the Federal percentage of participation in the cost of the original project to the fair market value of the property. b. The Recipient will sell the property and pay the Government an amount computed by applying the Federal percentage of participation in the cost of the original project to the proceeds from sale, or the appraised value, whichever is the higher (after deducting actual and reasonable selling and fix-up expenses, if any, from the sales proceeds) . The appraisal must be independent and I r -16- conducted in accordance with standards established by a nationally recognized real estate appraisal association, such as MAI. Proper sales procedures will be established that provide for competition to the extent practicable and result in the highest possible return. C. The Recipient will transfer title to the property to the Government provided that in such cases the Recipient shall be entitled to compensation computed by applying the Recipient' s percentage of participation in the cost of the project to the current fair market value of the property. 17. In support of Executive Order 12432, signed by the President on July 14, 1983, all Recipients are encouraged to utilize minority firms and enterprises in contracts under grants and cooperative agreements. The Office of Program Development, Minority Business Development Agency, will assist Recipients in matching qualified minority enterprises with contract opportunities. For further information contact: U. S. Department of Commerce Minority Business Development Agency Office of Program Development, Room 5096 Herbert C. Hoover Building 14th Street and Constitution Avenue, N.W. Washington, D. C. 20230 t ADDENDUM to Exhibit "B" dated June 1992 Indemnification Standard Condition The Recipient 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 Recipient or any of its predecessors on the property. October 1, 1992 i I OF U.S. DEPARTMENT OF COMMERCE Economic Development Administration NOV 2 Jackson Federal Building, Room 1856 915 Second Avenue 'Ao Seattle, Washington 98174 TES Fax: (206) 220-7669 Messrs. Rod Schindler and Richard Evans Project Managers Public Works Department Planning/Building City of Renton 200 Mill Avenue South Renton, Washington 98055 RE: Amendment No. 1 EDA Award No. 07-01-03375 Park Avenue/Lake Washington Boulevard and Park Avenue North Construction Improvements Dear Messrs. Schindler and Evans: Special Condition No. 8 of Exhibit "A, " Special Award Conditions is amended as follows: 8 . Prior to EDA authorization to start construction for Phase One or Two, 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 each respective Phase of the Project for which authorization to start construction is sought. Your agreement to Award Amendment No. 1, Special Condition No. 8, should be indicated by the signatures of your principal officials on this Grant Amendment letter. One executed copy of this Award Amendment letter with original signatures should be returned to the Regional Director, ATTN: JoAnn Smith, Seattle Regional Office. EDA authorizes the City to proceed with the construction of Phase One since title to that Phase is now satisfied. Please be aware that the City will not receive disbursement on Phases One or Two until the construction contract for Phase Two has been awarded, all documents submitted for each Phase, and the Title Special Condition satisfied for Phase Two. yn rely, vx D. W oodward Regional Director f «Aatid.'t�,p y3'pt� Copy to: JoAnn Smith, Acting EDR Award Amendment Letter EDA Award No. 07-01-03375 Page 2 City of Renton, Washington The Recipient hereby affirms that it intends to use the Award in accordance with the terms and conditions of the Financial Assistance . Award and the above revised Special Condition, Amendment No. 1. City of Renton (Name of Recipient) Mayor (Signatur (Title of Affirming Official) Earl Clymer (Printed Name) (Date) CERTIFICATION (By Official other than Affirming Official) Approved as a valid affirmation of this Amendment to the Financial Assistance Award for this project. The person signing this Affirmation was so authorized by the Governing Body or Board of the Recipient. j" City Clerk ( i ture) (Title of Certifying Official) Marilyn J. Petersen (Printed Name) (Date). • t*0 U.S. SARTMENT OF COMMERCE /r- Economic Development Administration Jackson Federal Building, Room 1856 915 Second Avenue Seat tle, Washington 98174 Fax: (206) 220-7669 2 Phone: (206) 220-7689 Messrs. Richard Evans and Rod K. Schindler Project Managers City. of Renton 200 Mill Avenue South Renton, Washington 98055 I ' RE: Time Extension, Amendment No. 2 EDA Award No. 07-01-03375 Arterial Improvements to Park Avenue North and Park Avenue/Lake Washington Boulevard Dear Messrs. Evans and Schindler: Special Condition No. 1, Project Development Time Schedule, of Exhibit "A" of the Financial Assistance Award is hereby amended to read as follows: "The Recipient agrees to the following project development time: Date Submittal of Final Closeout documents: January 31, 1996. " Please be advised that failure to meet the above deadline date may result in termination of your Award by EDA. Except as amended herein, all other terms and conditions of the Financial Assistance Award remain in full force and effect. Your agreement to Award Amendment No. 2 , the above revised time schedule, should be indicated by the signatures of your principal officials on this Award Amendment letter. One executed copy of this Award Amendment letter with original signatures should be returned to the Regional Director Seattle Regional Office Economic Development Administration, ATTN: JoAnn Smith, Room 1856, 915 Second Avenue, Seattle, Washington 98174 . E�aonomic Development Ate. Sincerely, ea le Regional Ot�ce rn JAN 5:` 1995 N eonard Smith ftblic Works Division egional Director RECEIVED Irn c� C) Copy to: Lloyd Kirry, EDR NOV 31995 °' CAG-94-029 • Award Amendment Letter EDA Award No. 07-01-03375 Page 2 City of Renton, Washington The Recipient hereby affirms that it intends to use the Award in accordance with the terms and conditions of the Financial Assistance Award, and the above revised project time schedule, Amendment No. 2 . City of Renton, Washington (Name of Recipient) Q 0 . , -.."), - Mayor (Signature) (Title of Affirming Official) Earl Clymer ?1 - 0/s- (Printed Name) (Date) CERTIFICATION (By Official other than Affirming Official) Approved as a valid affirmation of this Amendment to the Financial Assistance Award for this project. The person signing this Affirmation was so authorized by the Governing Body or Board of the Recipient. Deputy City Clerk (Signature) (Title of Certifying Official) Brenda Fritsvold !�— aq " O/J (Printed Name) (Date) ` • OF U.S. MARTMENT OF COMMERCE Economic Development Administration Jackson Federal Building, Room 1856 N915 Second Avenue ,mss Seattle,Washington 98174 Fax: (206) 220-7669 Phone: (206) 220-7689 APR 18 1996 Messrs. Richard Evans and Rod K. Schindler Project Managers City of Renton 200 Mill Avenue South Renton, Washington 98055 RE: Time Extension, Amendment No. 3 EDA Award No. 07-01-03375 Arterial Improvements to Park Avenue North and Park Avenue/Lake Washington Boulevard I Dear Messrs. Evans and Schindler: Special Condition No. 1, Project Development Time Schedule, of Exhibit "A" of the Financial Assistance Award is hereby amended to read as follows: "The Recipient agrees to the following project development time: Date Construction Completion: August 31, 1996" Please be advised that failure to meet the above deadline date may result in termination of your Award by EDA. Except as amended herein, all other terms and conditions of the Financial Assistance Award remain in full force and effect. Your agreement to Award Amendment No. 3 , the above revised time schedule, should be indicated by the signatures of your principal officials on this Award Amendment letter. One executed copy of this Award Amendment letter with original signatures should be returned to the Regional Director, Seattle Regional Office, Economic Development Administration, ATTN: JoAnn Smith, Room 1856, 915 Second Avenue, Seattle, Washington 98174. Sincerely, A. eonard Sm h --- LTraansportation R gional Director Copy to: Lloyd Kirry, EDR PR 191996 Systems Div, Award Amendment Letter EDA Award No. 07-01-03375 Page 2 City of Renton, Washington The Recipient hereby affirms that it intends to use the Award in accordance with the terms and conditions of the Financial Assistance Award, and the above revised project time schedule, Amendment No. 3 . City of Renton, Washington (Name of Recipient) Mayor (Signature) (Title of Affirming Official) Jesse Tanner S--g- q 6 (Printed Name) (Date) CERTIFICATION (By Official other than Affirming Official) Approved as a valid affirmation of this Amendment to the Financial Assistance Award for this project. The person signing this Affirmation was so authorized by the Governing Body or Board of the Recipient. Deputy City Clerk (Signatu e) (Title of Certifying Official) r Brenda Fritsvold (Printed Name) (Date)