Adams Co. Acquist. EPA GrantyMEMORANDUM
December 9, 2002
TO:The Honorable Mayor and City Council Members
FROM:Michael C. Van Milligen, City Manager
SUBJECT: Contract with the Economic Development Administration for a $2 Million
Grant for the Acquisition of the Adams Company
Economic Development Director Bill Baum recommends approval of a contract with the
Economic Development Administration for a $2 million grant for the acquisition of
property and relocation of the Adams Company, a manufacturing company currently
located at 100 East Fourth Street in the Port of Dubuque.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Michael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
William Baum, Economic Development Director
CITY OF DUBUQUE, IOWA
MEMORANDUM
December 9, 2002
TO:Michael Van Milligen, City Manager
FROM:William J. Baum, Economic Development Director
SUBJECT:Contract with the Economic Development Administration for a $2
Million grant for the acquisition of the Adams Company.
INTRODUCTION
The attached resolution provides for the formal approval of a contract with the Economic
Development Administration for a $2 Million grant for the acquisition of property and
relocation of the Adams Company, a manufacturing company currently located at 100
East Fourth Street in the Port of Dubuque.
DISCUSSION
During the past year, we have been negotiating with the Adams Company on the
potential acquisition of their facility in the Port of Dubuque, and seeking federal funds to
assist in paying the costs of the move.
On March 18, 2002 the City Council approved a praapplication to the Economic
Development Administration for $2,000,000 to assist the City in acquiring and relocating
the Company. EDA officials visited Dubuque on July 10, toured the America's River
projects under construction in the Port of Dubuque, and were impressed with this
project and the private investment being attracted to the Riverfront.
The City was invited to submit a full application to EDA for a grant in the amount of
$1,750,000. However, after continued negotiations, the application request was revised
to the $2 Million level.
On October 23, Congressman Nussle and the Assistant Secretary for Economic
Development, Dr. David Sampson announced the $2 Million grant award, and formally
presented a "check" to Mayor Terry Duggan.
Dr. Sampson has followed up with the attached letter confirming the award.
Additionally, the regional director, Anthony J. Preite has officially informed the City of
the award along with a proposed contract between the City and EDA. (Also enclosed)
The contract assumes a total project cost of $3,335,000. A detailed breakdown of the
costs is included in the contract. The local match of $1,335,000 is coming from DRA
gaming proceeds and Tax Increment Financing.
The grant is subject to an acceptable Phase II Environmental Assessment, and a plan
for remediafion of any environmental issues on the site.
I am in the process of drafting a Memorandum of Understanding (MOU) with the Adams
Company, outlining both the City and the Company responsibilities. Our discussions to
date include providing the Adams Company with a site in the Dubuque Industrial Center
West and reimbursing the Adams Company for costs associated with their new building
that are not covered by the EDA grant. After the MOU is executed, we will negotiate a
formal Development Agreement with the Company.
RECOMMENDATION
I recommend the City Council adopt the attached resolution approving the contract with
the Economic Development Administration.
F:\USERS\WBaum\EDA APPLICATION FOR ADAMS COMPANY~lemo from Bill Baum to Mike Van Milligen on EDA31.doc
RESOLUTION NO. 646-02
A RESOLUTION AUTHORIZING THE EXECUTION OF A CONTRACT WITH THE
ECONOMIC DEVELOPMENT ADMINISTRATION
Whereas, the City Council of Dubuque has approved an application to the Economic
Development Administration for a grant to assist in the acquisition of property owned by
the Adams Company in the Port of Dubuque, relocation of the Company, and
demolition of the existing facility (the Project); and /
Whereas, the Economic Development Administration (EDA) has announced the
approval of a $2 Million grant for the Project; and
Whereas, EDA has provided a contract to the City for the $2 Million grant;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the attached contract with EDA for a $2 Million grant to assist in the
Project is hereby approved.
Section 2. That the Mayor is hereby authorized to execute, and the City Manager is
hereby directed to submit said contract to the Economic Development Administration
together with other attachments as may be required.
Passed, approved, and adopted this 9th day of December, 2002.
Terrance M. Duggan, Mayor
Attest:
Karen M. Chesterman, Deputy City Clerk
F:\USERS\WBaum~EDA APPLICATION FOR ADAMS COMPANY~esolution approving EDA contract.doc
NOV 2 § 2002
UNITED STATES DEPARTMENT OF COMMERCE
The Assistant Secretary for Economic Development
Washington, D.O. 20230
In Reply Refer to:
Investment No. 05-01-03816
The Honorable Terrance M. Duggan, Mayor
City of Dubuque
50 West 13m Street
Dubuque, Iowa 52001-4864
Dear Mayor Duggan:
I am pleased to armotmce that the Department of Commerce's Economic Development
Adm'mistration (EDA) has approved your application for an EDA investment. This $2,000,000
investment will be used for the acquisition of property, building demolition and business
relocation to enable new development and job creation in the Port of Dubuque, as a part of
President Bush's commitment to keep America working.
President Bush is committed to ensuring that no community or demographic group is
excluded from the opportunity to actfieve the American dream. To that end, this EDA
investment will serve as a foundation for future economic successes that will benefit both
families and businesses in Dubuque. EDA is committed to providing financial assistance to meet
the economic development needs of distressed communities throughout the United States. Our
mission is to help our partners across the nation create wealth and minimize poverty by
promoting a favorable business environment to attract private capital investment and create
higher-skill, higher-wage jobs.
Please be assured that EDA's Denver regional office will be in contact with you m assist
in the implementation of EDA's investment in our partnership. I lmve requested that
Mary Kathryn Alspach, Senior Project Officer, contacts you and makes all necessary
arrangements. Ms. Alspach can be contacted at 1244 Speer Boulevard, Suite 670, Denver, CO
80204, or (303) 844-5655.
I share your expectations regarding the impact of this investment and look forward to
working with you to see to its successful completion. I am confident that this project will be an
important asset in your economic development strategy and will provide lasting improvements in
your community.
U.S. DEPARTMENT OF COMMERCE
Economic Development Administration
DENVER REGIONAL OFFICE
1244 Speer Boulevard, Room 670
Denver, Colorado 80204-3584
(303) 844-5455 FAX (303) 844-3968
E-Mail: MKathrynAIspach@eda.doc.gov
November 25, 2002
The Honorable Terrance M. Duggan, Mayor
City of Dubuque
50 West 13th Street
Dubuque, Iowa 52001
In Reply Refer to:
Project No: 05-01-03816
Dear Mayor Duggan
We are pleased to inform you that the Economic Development Administration (EDA) has
approved a Financial Assistance Award in an amount, not to exceed $2,000,000, in response to
your application for Federal assistance for building acquisition, demolition and business
relocation to facilitate the redevelopment of the Port of Dubuque. The total project cost of
$3,335,000 is based on the line item estimates shown in Attachment No. 1.
Enclosed are three signed copies 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 all of the signed copies of the Financial Assistance Award. Two of the executed copies
should be returned to the:
Infrastructure Development Division
Economic Development Administration
1244 Speer Blvd., Suite 670
Denver, Colorado 80204-3584
You are cautioned not to make any commitments in reliance on this award, nor to enter into
negotiations relative hereto, until you have carefully reviewed the terms and conditions and have
determined that you are in compliance or that you can comply therewith. Any commitments or
undertakings entered into prior to obtaining the approval of the Government in accordance with
its regulations and requirements will be at your own risk.
Sincerely,
Anthony J. Preite
Regional Director
Enclosures
vo~ cr~s0 U.S. DEPARTMENT OF COMMERCE [] GRANT [] COOPERATIVE
oAo 2~26 AGREEMENT
FINANCIAL ASSISTANCE AWARD ACCOUNTING CODE
RECIPIENT NAME AWARD NUMBER
CITY OF DUBUQUE 05-01-03816
STREET ADDRESS FEDERAL SHARE OF COST
50 IVEST 13Tn STREET $2,000,000
CITY, STATE, ZIP CODE RECIPIENT SHAR~ OF COST
DUBUQUE, IOWA 52001 $1,335,000
AWARD PERIOD TOTAL ESTIMATED COST
From date of approval to 24 months after approval $3,335,000
DEPARTMENT OF COMMERCE OPERATING UNIT
Economic Development Administration
AUTHORITY
Economic Development Administration Reform Act of 1998
CDFA NO. and PROJECT TITLE: 11.300/Section 201/Public Works and Development Facilities-BUILDING ACQUISITION, DEMOLITION
AND BUSINESS RELOCATION TO FACILITATE REDEVELOPMENT OF THE PORT OF DUBUQUE
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. Upon acceptance by the
Recipient, two signed Award documents shall be returned to the Regional Director and the third document shall be retained by
the Recipient. If not signed and returned by the Recipient within 30 days of receipt, the Grants Officer may declare this Award
null and void.
[] Department of Commerce Financial Assistance Standard Terms and Conditions
[] Special Award Conditions
[] Line Item Budget
[] 15 CFR Part 24, Uulform Administrative Requirements for Grants and Cooperative Agreements with State and Local Govemmants
[] OMB Circular A-87, Cost Principles for State and Local Governments
[] OMB Circular A-133, Audits of States, Local Governments, and Non-Profit Organizations
[] 14 CFR Part 14, Uniform Administrative Requirements for Grants and Cooperative Agreements with Institutions of Higher
Education, Hospitals, and Other Nonprofit Organizations
[] OMB Circular A-122, Cost Principles for Nonprofit Organizations
[] OMB Circular A-21, Cost Principles for Educational Institutions
[] 48 CFR Part 31, Contract Cost Principles and Procedures
[] Other(s):
SIGNATURE OF DEPARTMENT OF COMMERCE GRANTS TITLE DATE
Regional Director
TYPED NAME AND SIGNATURE OF AUTHORIZED TITLE DATE
RE~ C~/_T OFFICIAL ~_._
EXHIBIT "A"
U.S. DEPARTMENT OF COMMERCE
Economic Development Administration
Public Works 'and Development Facilities
Page 1 of 5
RECIPIENT: City of Dubuque
Dubuque County, Iowa
Project No.: 05-01-03816
SPECIAL AWARD CONDITIONS
PROJECT DESCRIPTION: Acquisition of an existing manufacturing facility, relocation of the existing
tenant to a new location, and demolition of the acquired facility for the redevelopment of the area for a
different purpose.
PROJECT DEVELOPMENT TIME SCHEDULE: The Recipient agrees to the following
Project development time schedule:
Time allowed after approval of Financial Assistance Award for:
Start of Construction ................................................................. 6 months
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 pursue diligently the development of the Project so as to ensure completion of
the Project and submission ofcloseout 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 prescn-bed 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. Reg. 8048-9, 8102, March 11, 1988).
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 orS10,000. 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.
Exhibit "A"
SPECIAL CONDITIONS
Page 2 of 5
Project No. 05-01-03816
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
Ail 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
regnlations, shall hereafter be incorporated by reference into these Special Award Conditions.
Goals for minority participation shall be prescn'bed 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 Specifications" (or cause
them to be included, if appropriate) in all Federally assisted contracts and subcontracts. The goals
and timetables for n'finority and female participation may not be less than those published pursuant to
41 CFR 60-4.6.
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 Recipient 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 cost 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.
RECIPIENT AFFIRMATION OF AWARD: This Financial Ass/stance 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 two of the original ward documents, within thirty (30) days of
receipt, the Recipient affirms that it intends to use the Award in accordance with the terms and
conditions as above-referenced.
Exhibit "A"
SPECIAL CONDITIONS
Page 3 of 5
Project No. 05-01-03816
5.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 Conmerce 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 Executive or
Legislative Branches of the Federal Government in connection with this Award.
The Recipient shall require each person who requests or receives frora 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 reqn/re eadh subrecipient, 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 No. 101 - 121.
6.LOCAL SHARE: In affirming this Award, the Recipient 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 Recipient further acknowledges that,
prior to award of any construction contracts, it Mil be required to provide evidence satisfactory to
the Government that all funds necessary to complete the project are available.
7.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.
Exhibit "A"
SPECIAL CONDITIONS
Page 4 of 5
Project No. 05-01-03816
8.TITLE: Prior to the disbursement of funds, the Recipient shall provide evidence, satisfactory to the
Government, that the Recipient has acquired good and merchantable title, free of all mortgages or
other foreclosable liens, to all land, easements and rights-of-way necessary for the completion of the
project.
9.ARCHITECT/ENGINEER AGREEMENT: Prior to the disbursement of funds by EDA, the
Recipient must submit to the Govemment for approval, an Architect/Engineer agreement which
meets the requirements of Section I of the EDA publication, "Requirements for Approved
Construction Projects",. 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 on a cost-plus-a-
percentage-of-cost or a cost using a multiplier.
10.REPORT ON UNLIQUIDATED OBLIGATIONS: All Recipients of an EDA grant award of
more than $100,000, whose grant has not been fully disbursed as of the end of each reporting
period, are required to submit a financial report to EDA, annually, on the status of un-re'anbursed
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 the end of the
reporting period. The report will be as of September 30 of each year and must be submitted
annually until the final grant payment is made by EDA. The report shall 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. Standard Form 269A, Financial Status Report, will be
used for this purpose. Instructions for completing and filing the report will be famished to the
Recipient at least 60 days before the report is due.
11.PERFORMANCE MEASURES: The Recipient agrees to report on program performance
measures and project outcomes in such form and at such intervals as may be prescngoed by EDA in
compliance with the Government Performance and Results Act of 1993. Performance measures
and reporting requirements that apply to program activities funded under this investment will be
provided in a separate GPRA information collection document. EDA will advise Recipients in
writing within a reasonable period to time of submission of the reports, and in the event that there are
any modifications in the performance measures.
Exhibit "A"
SPECIAL CONDITIONS
Page 5 of 5
Project No. 05-01-03816
12.START OF 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 apphcatinn (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 ifEDA
determines, after consultation with the Recipient, that construction to completion cannot be expected
to proceed promptly and expeditiously.
13.ENVIRONMENTAL CONDITION: Prior to the initial disbursement of EDA funds, and prior
to the demolition of the Adams Company manufacturing building, the Recipient shall submit
documentary evidence satisfactory to EDA that the Environmental Assessment Phase II for the
Adams Company property has been completed and the follow up action has been decided upon.
Form ED-508
(Rev. 4/94)
EDAAward No. '05-01-03816
U.S. Department of Commerce
Economic Development Administration
PUBLIC WORKS PROJECT COST CLASSIFICATIONS
"State iowa
"County Dubuque
Attachment No. 1
Cost Classification
Administrative & legal expenses
Land, structures, right-of-way,
appraisals, etc.
Relocation expenses & payments
Architectural.& engineering fees
Other Architectural &
engineering fees
Project inspection fees
Site Work
Demolition and removal
Construction
Equipment
Miscellaneous
Contingencies
TOTAL PROJECT COSTS
Proposed Approved
$1,500 $1,500
2,407,500 2,407,500
511,000 511,000
8,000 8,000
0 0
0 0
0 0
400,000 400,000
0 0
0 0
0 0
7,00q~ 7,000
3,335,000 $3,335,000
Remarks: None
uo~ c~s0 U.S. DEPARTMENT OF COMMERCE [] GRANT [] COOPERATIYqE
~^ozoz 2~ AGREEMENT
FINANCIAL ASSISTANCE AWARD ACCOUNTING CODE
RECIPIENT NAME AWARD NUMBER
CITY OF DUBUQUE 05-01-03816
STREET ADDRESS FEDERAL SHARE OF COST
50 WEST 13TM STREET $2,000,000
CITY, STATE, ZIP CODE RECIPIENT SHARE OF COST
DUBUQUE, IOWA 52001 $1,335,000
AWARD PERIOD TOTAL ESTIMATED COST
From date of approval to 24 months after approval $3,335,000
DEPARTMENT OF COMMERCE OPERATING UNIT
Economic Development Administration
AUTHORITY
Economic Development Administration Reform Act of 1998
CDFA NO. and PROJECT TITLE: 11.300/Section 201/Public Works and Development Facilities-BUILDinG ACQUISITION, DEMOLITION
AND BUSINESS RELOCATION TO FACILITATE REDEVELOPMENT OF THE PORT OF DUBUQUE
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. Upon acceptance by the
Recipient, two signed Award documents shall be returned to the Regional Director and the third document shall be retained by
the Recipient. If not signed and returned by the Recipient within 30 days of receipt, the Grants Officer may declare this Award
null and void.
[] Department of Commerce Financial Assistance Standard Terms and Cond/tions
[] Special Award Conditions
[] Line Item Budget
[] 15 CFR Part 24, Uniform Administrative Requirements for Grants and Cooperative Agreements with State and Local Governments
[] OMB Circular A-87, Cost Principles for State and Local Governments
[] OMB Circular A-133, Audits of States, Local Governments, and Non-Profit Organizations
[] 14 CFR Part 14, Uniform Administrative Requirements for Grants and Cooperative Agreements with Institations of Higher
Education, Hospitals, and Other Nonprofit Organizations
[] OMB Circular A-122, Cost Principles for Nonprofit Organizations
[] OMB Circular A-21, Cost Principles for Educational Institutions
[] 48 CFR Part 31, Contract Cost Principles and Procedures
[] Other(s):
SIGNATURE OF DEPARTMENT OF COMMERCE GRANTS TITLE DATE
OFFICER
hony J. Freite Regional Director
TYPED NAME AND SIGNATU1LE OF AUTHORIZED TITLE DATE
RECIPIENT OFFICIAL
T~~ Mayor
EXHIBIT "A"
U.S. DEPARTMENT OF COMMERCE
Economic Development Administration
Public Works and Development Facilities
]Page 1 of 5
RECIPIENT: City of Dubuque
Dubuque County, Iowa
Project No.: 05-01-03816
SPECLAL AWARD CONDITIONS
PROJECT DESCRIPTION: Acquisition of an existing manufacturing facility, relocation of the existing
tenant to a new location, and demolition of the acquired facility for the redevelopment of the area for a
different purpose.
PROJECT DEVELOPMENT TIME SCHEDULE: The Recipient agrees to the following
Project development time schedule:
Time allowed after approval of Financial Assistance Award for:
Start of Construction ................................................................. 6 months
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 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. Reg. 8048-9, 8102, March 11, 1988).
GOALS FOR WOMEN AND MENORITIES 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
comphance 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 Solickations for Offers or Bids as
required by 41 CFR 60-4.
Exhibit "A"
SPECIAL CONDITIONS
Page 2 of 5
Project No. 05-01-03816
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 Comphance 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 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 Specifications" (or cause
themto be included, if appropriate) in all Federally assisted contracts and subcontracts. The goals
and t'nmetables for minority and female participation may not be less than those published pursuant to
41 CFR 60-4.6.
DISCLOSURE OF FEDERAL PARTICIPATION: No amount of this award shall be used to
finance the acquis/tion of goods or services (including construction services) for the project unless
the Recipient 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
fmance 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 has an aggregate value of less than $500,000.
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 fa/ls to affirm/ts 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 two of the original ward documents, within thirty (30) days of
receipt, the Recipient affirms that it intends to use the Award in accordance with the terms and
conditions as above-referenced.
Exhibit "A'
SPECIAL CONDITIONS
Page 3 of 5
Project No. 05-01-03816
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 au
"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 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 t/er under this Award, to file a
"Certification Regarding Lobbying" and, if apphcable, 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 subrecipient, 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
prov/sion 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 Pubhc Law No. 101-121.
LOCAL SHARE: In affirming this Award, the Recipient 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 Recipient 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.
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 elig~ility at the time of award, whichever is less.
Exhibit "A"
SPECIAL CONDITIONS
Page 4 of 5
Project No. 05-01-03816
10.
11.
TITLE: Prior to the disbursement of funds, the Recipient shall provide evidence, sat/sfactory to the
Government, that the Recipient has acquired good and merchantable title, fi:ee of all mortgages or
other foreclosable liens, to all land, easements and rights-of-way necessary for the completion of the
project.
ARC ItlTECT/ENGINEER AGREEMENT: Prior to the disbursement of funds by EDA, the
Recipient must submit to the Government for approval, an Architect/Engineer agreement which
meets the requkcments of Section I of the EDA publication, "Requirements for Approved
Construction Projects", 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 on a cost-plus-a-
percentage-of-cost or a cost using a multiplier.
REPORT ON UNLIQUIDATED OBLIGATIONS: All Recipients of an EDA grant award of
more than $100,000, whose grant has not been fully disbursed as of the end of each reporting
period, are required to submit a financial report to EDA, annually, on the status of un-reimbursed
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 the end of the
reporting period. The report will be as of September 30 of each year and must be submitted
annually until the final grant payment is made by EDA. The report shall be submitted to EDA no
later than October 30 of each year. Noncompl/ance with this requirement will result in the
suspension of EDA grant disbursements. Standard Form 269A, Financial Status Report, will be
used for this purpose. Instructions for completing and filing the report will be furnished to the
Recipient at least 60 days before the report is due.
PERFORMANCE MEASURES: The Recipient agrees to report on program performance
measures and project outcomes in such form and at such intervals as may be prescribed by EDA in
compliance with the Government Performance and Results Act of 1993. Performance measures
and reporting requirements that apply to program activities fimded under this investment will be
provided in a separate GPRA information collection document. EDA will advise Recipients in
writing within a reasonable period to time of submission of the reports, and in the event that there are
any modifications in the performance measures.
Exhibit "A"
SPECIAL CONDITIONS
Page 5 of 5
Project No. 05-01-03816
12.
13.
START OF CONSTRUCTION: If significant construct/on (as determined by EDA) is not
commenced w/thin two years of approval of the project or by the date estimated for start of
construction in the grant application (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 i£EDA
determines, after consultation with the Recipient, that construction to completion cannot be expected
to proceed promptly and expeditiously.
ENVIRONMENTAL CONDITION: Prior to the initial disbursement ofEDA fimds, and prior
to the demolition of the Adams Company manufacturing building, the Recipient shall submit
documentmy evidence satisfactory to EDA that the Environmental Assessment Phase II for the
Adams Company property has been completed and the follow up action has been decided upon.
Form ED-508
(Rev. 4~94)
EDAAward No. '05-01-03816
U.S. Department of Commerce
Economic Development Administration
PUBLIC WORKS PROJECT COST CLASSIFICATIONS
"State Iowa "County Dubuque
Attachment No. 1
Cost Classification
Administrative & legal expenses
Land, structures, right-of-way,
appraisals, etc.
Relocation expenses & payments
Architectural & engineering fees
Other Architectural &
engineering fees
Project inspection fees
Site Work
Demolition and removal
Construction
Equipment
Miscellaneous
Contingencies
TOTAL PROJECT COSTS
Remarks: None
Proposed Approved
$1,500 $1,500
2,407,500 2,407,500
511,000 511,000
8,000 8,000
0 0
0 0
0 0
400,000 400,000
0 0
0 0
0 0
7,000 7,000
3,335,000 $3,335,000