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EDA Grant Authorized Representative- Upper Bee Branch Creek Restoration Project and AmendmentMasterpiece on the Mississippi TO: Michael Van Milligen, City Manager FROM: Gus Psihoyos, City Engineer Dubuque ** AJ -n acity 2007 • 2012 • 2013 SUBJECT: Bee Branch Disaster Resiliency Project (Upper Bee Branch), Economic Development Administration Grant, Amendment to the Construction Start Date DATE: December 8, 2014 INTRODUCTION The purpose of this memo is to request that the attached EDA Financial Assistance Award Amendment No. 1 be presented to the Mayor for his signature. BACKGROUND On June 4, 2012 the City Council adopted Resolution 142-12 authorizing the Mayor to sign and submit an application to the Economic Development Administration (EDA) for $1,227,138 in funding for the Bee Branch Disaster Resiliency Project (Upper Bee Branch). The City of Dubuque was awarded $1,227,138 from the Economic Development Administration (EDA) for the Bee Branch Disaster Resiliency Project (Upper Bee Branch). The City signed an agreement for $1,227,138 in funding with the EDA on August 8, 2012. In August of 2013, the City received a Financial Assistance Award from the EDA for the Upper Bee Branch Project in the amount of $1,227,138.00. Per resolution 306-14, the City Manager was established as authorized representative of the City for the EDA Award. DISCUSSION The City's agreement with the EDA established a construction start date of August 8, 2013. Due to the continued work with the railroad for Upper Bee Branch Part 1, the City was unable to begin construction on the Bee Branch Disaster Resiliency Project (Upper Bee Branch) by the specified date. The City of Dubuque sent a letter of request to the EDA to amend the agreement to reflect a construction start date of April 30, 2016. This request was approved by the EDA through the Financial Assistance Award Amendment No. 1. The result of the proposed change is that while construction may start at any time, it must start no later than April 30, 2016. Even though the City Manager was established by the City Council as an authorized representative regarding the EDA Award, authorized to "execute any documents required by the agreement as the Economic Development Administration may reasonably request," the Financial Assistance Award Amendment No. 1 was prepared by the EDA for the Mayor's signature. ACTION TO BE TAKEN I respectfully request that Mayor Roy D. Buol sign three copies of the EDA Financial Assistance Award Amendment No. 1 so that the construction start date for the Upper Bee Branch Project can be adjusted per the City's request and approved by the EDA. Prepared by Alexis Steger Attachment Cc: Teri Goodmann, Assistant City Manager Jennifer Larson, Budget Director Kenneth TeKippe, Finance Director Deron Muehring, Civil Engineer Alexis Steger, Confidential Account Clerk 2 October 15, 2014 Honorable Mayor Roy Buol City of Dubuque 50 W. 13th Street Dubuque, Iowa 52001-4864 RE: EDA Project No. 05-79-05290 City of Dubuque - Bee Branch Disaster Resiliency Project Financial Assistance Award Amendment No. 1 Dear Mayor Buol: U. S. DEPARTMENT OF COMMERCE Economic Development Administration Denver Regional Office 1244 Speer Boulevard, Suite 431 Denver, Colorado 80204 (303) 844-5360 FAX (303) 844-3968 Attached, please find Amendment No. 1 to the Financial Assistance Award for the City of Dubuque's Bee Branch Disaster Resiliency Project. The Amendment revises the Project Development Time Schedule specified in Special Award Condition No. 1. The Project Development Time Schedule has been revised to extend the deadline for the start of construction from August 8, 2014 to April 30, 2016. The City indicated that the additional time is necessary to coordinate the construction schedule with other projects that are being constructed in the drainage way. Please be advised that the City needs to take all necessary actions to move this project forward as quickly as possible. The award requires that the construction be completed prior to February 8, 2017. All other terms and conditions of the Financial Assistance Award shall remain in full force and effect. If the provisions of this Amendment are acceptable, please sign all copies of the enclosed Amendment to the Financial Assistance Award and return two copies to: Cindy Edwards, P.E., Area Director Denver Regional Office Economic Development Administration 1244 Speer. Boulevard, Suite 431 Denver, CO 80204 Should you have any questions, please do not hesitate to contact Ms. Edwards at (303)-844-5360. Robert E. Olson, Regional Director FORM CD -451 U.S. DEPARTMENT OF COMMERCE (REV. 10-03) DAO 203-26 AMENDMENT TO FINANCIAL ASSISTANCE AWARD Kfl GRANT COOPERATIVE AGREEMENT CFDA NO. AND PROJECT TITLE 11.307; Economic Adjustment AWARD NUMBER 05-79-05290 RECIPIENT NAME City of Dubuque AMENDMENT NUMBER 1 STREET ADDRESS 50 W. 13th Street EFFECTIVE DATE August 8, 2014 CITY, STATE, ZIP CODE Dubuque, IA 52001-4864 EXTEND WORK COMPLETION TO n/a BUREAU 20 FUND 40 FCFY 13 PROJECT -TASK 00 ORGANIZATION 05 OBJECT CLASS 41 10 00 00 COSTS ARE REVISED AS FOLLOWS: PREVIOUS ESTIMATED COST ADD DEDUCT TOTAL ESTIMATED COST FEDERAL SHARE OF COST $ $ $ $ RECIPIENT SHARE OF COST $ $ $ $ TOTAL ESTIMATED COST $ $ $ $ REASON(S) FOR AMENDMENT This Amendment will amend Special Award Condition, No. 1, Project Development Time Schedule, to extend the project start date to April 30, 2016. All other terms and conditions of the Financial Assistance Award shall remain in full force and effect. This funding. checked by document within ® ® Amendment approved by the Grants Officer is issued in triplicate and constitutes an obligation of Federal By signing the three documents, the Recipient agrees to comply with the Amendment provisions below and attached, as well as previous provisions incorporated into the Award. Upon acceptance the Recipient, two signed Amendment documents shall be returned to the Grants Officer and the third shall be retained by the Recipient. If not signed and returned without modification by the Recipient 30 days of receipt, the Grants Officer may unilaterally terminate this Amendment. Special Award Conditions Line Item Budget Other(s): SIGNATURE OF DEPARTMENT OF COMMERCE G' .TS E. Olson, Regional Director OFFI1 ER gliRobert DATE October 16, 2014 I ..r TYPED NAME, TYPED TITLE, AND SIGNAT Roy Buol, Mayor RE OF AUTHORIZED RECIPIENT OFFICIAL 0 4 DATE December , ADMINISTRATION/IPSG ELECTRONIC FORM 2014 Copyright 2014 City of Dubuque ITEM# 16. ITEM TITLE: EDA Grant Authorized Representative- Upper Bee Branch Creek Restoration Project SUMMARY: City Manager recommending approval to establish the City Manager as an Authorized Representative with the authority to execute and deliver documents as necessary in order for the City to receive U.S. Economic Development administration Disaster Relief Program funds for the Bee Branch Creek Restoration Project. RESOLUTION Establishing the City Manager as an Authorized Representative regarding the agreement between the U.S. Department of Commerce's Economic Development Administration and the City of Dubuque, Iowa for the Upper Bee Branch Creek Restoration SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolution(s) ATTACHMENTS: Description ❑ EDA Grant Authorized Representative for Upper Bee Branch Creek City Manager tvlemo Restoration Project -MVM Memo ❑ Staff Memo Staff Memo ❑ Resolution Resolutions ❑ Financial Assistance Form Supponing Documentation Type Masterpiece on the Mississippi Dubuque 2007 • 2012 • 2013 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Upper Bee Branch Creek Restoration Project, EDA Grant Authorized Representative (CIP #7201654) DATE: September 26, 2014 City Engineer Gus Psihoyos recommends City Council approval to establish the City Manager as an Authorized Representative with the authority to execute and deliver documents as necessary in order for the City to receive $1,227,138 in U.S. Economic Development administration Disaster Relief Program funds for the Bee Branch Creek Restoration project. I concur with the recommendation and respectfully request Mayor and City Council approval. 11 Mic, al C. Van Milligen MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Teri Goodmann, Assistant City Manager Gus Psihoyos, City Engineer THE CITY OF DUB Masterpiece on the Mississippi TO: Michael C. Van Milligen, City Manager FROM: Gus Psihoyos, City Engineer DATE: September 24, 2014 2007 • 2012 • 2013 SUBJECT: Upper Bee Branch Creek Restoration Project, EDA Grant Authorized Representative (CIP#7201654) INTRODUCTION The purpose of this memorandum is to seek approval to establish the City Manager as an Authorized Representative with the authority to execute and deliver documents as necessary in order for the City to receive $1,227,138.00 in U.S. Economic Development Administration Disaster Relief Program funds for the Bee Branch Creek Restoration Project. BACKGROUND A federal disaster declaration was issued on August 30, 2011 as a result property damage in the City of Dubuque due to flash flooding following rainfall totaling nearly fourteen inches in a ten hour period. Rising water closed roads, highways, streets and destroyed and damaged bridges. Flooding also contributed to structure fires prompting rescues and evacuations. In June of 2012, the City Council adopted Resolution 142-12, approving the City's application for funding for the Bee Branch Creek Restoration Project made available for cities and counties that received a Federal Disaster Declaration in 2011 through the U.S. Economic Development Administration (EDA) Disaster Relief Program. In August of 2013, the City received a Financial Assistance Award with a total federal share of $1,227,138.00. DISCUSSION In order to receive the $1,227,138.00 federal award, it was necessary for the City to acknowledge and agree to comply with the grant provisions within 30 days of the award notice. Thus, the Financial Assistance Award (attached) was signed by Mayor Roy D. Buol, the City's Authorized Representative, and returned to the EDA solidifying the federal funding obligation for the Bee Branch Creek Restoration Project. The administration of the grant is best performed by City staff under the direction of the City Manager. Therefore, it is necessary to establish the City Manager as an Authorized Representative relating to the administration of the EDA grant. As Authorized Representative, the EDA would recognize the City Manager's authority to execute and deliver documents as necessary and as the grant provisions require in order for the City to receive the $1,227,138.00 for the Upper Bee Branch Creek Restoration Project. RECOMMENDATION I recommend establishing the City Manager as an Authorized Representative who can execute and deliver documents as necessary and as the grant provisions require in order for the City to receive the $1,227,138.00 in U.S. Economic Development Administration Disaster Relief Program funds for the Bee Branch Creek Restoration Project. BUDGET IMPACT The adopted FY2015 CIP Budget included the use of the $1,227,138.00 in U.S. Economic Development Administration Disaster Relief Program funds for the Bee Branch Creek Restoration Project. REQUESTED ACTION I respectfully request adoption of the attached resolution establishing the City Manager as an Authorized Representative who can execute and deliver documents as necessary and as the grant provisions require in order for the City to receive the $1,227,138.00 in U.S. Economic Development Administration Disaster Relief Program funds for the Bee Branch Creek Restoration Project. Attach. Prepared by Deron Muehring Cc: Barry Lindahl, City Attorney Jennifer Larson, Budget Director Ken TeKippe, Finance Director Teri Goodman, Assistant City Manager Deron Muehring, Civil Engineer 2 RESOLUTION NO. 306-14 RESOLUTION ESTABLISHING THE CITY MANAGER AS AN AUTHORIZED REPRESENTATIVE REGARDING THE AGREEMENT BETWEEN THE U.S. DEPARTMENT OF COMMERCE'S ECONOMONIC DEVELOPMENT ADMINISTRATION AND THE CITY OF DUBUQUE, IOWA FOR THE UPPER BEE BRANCH CREEK RESTORATION Whereas, a Federal Disaster Declaration was issued on August 30, 2011 for Dubuque County due to flash flooding following rainfall totaling nearly fourteen inches in a ten hour period; and Whereas, the U.S. Economic Development Administration (EDA) announced the availability of disaster mitigation funding for cities and counties that received a Federal Disaster Declaration in 2011; and Whereas, the City of Dubuque submitted an application for funding to the EDA for the Upper Bee Branch Creek Disaster Resiliency Project; and Whereas, the EDA approved the City's application for the Upper Bee Branch Creek Disaster Resiliency Project on August 8th, 2013 in the amount of $1,227,138; and Whereas, the City of Dubuque executed an agreement with the EDA on August 19, 2013. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, THAT: The City Manager is hereby authorized to act as an authorized representative on the Economic Development Administration grant agreement and may execute any documents required by the agreement as the Economic Development Administration may reasonably request. Passed, approved and adopted this 6th day of October, 2014 Attest: Kevi dor,, .0" S. Firnstahl, t'_007- Roy D. Buol, Mayor 4 REV 6 RECIPIENT NA u. DEPARTMENT OF CO ISTANCE A ARD ERCE GRANT DC©OPERATIVE AGREEMENT AWARD PERIOD August 8, 2013 to May 8, 2017 City of Dubuque STREET ADDRESS'' AWARD NUMBER 05-79-05290 h Str e FEDERAL'SHARE OF COST 1,227,138.01 CITY, STATE, ZIP CODE RECIPIENT SHARE OF CDST Dubuque, Dubuque, IA, 52001-4864 8,999,012:00 TOTAL ESTIMATED COST AUTHORITY Public Works and Economic Develop nt An oI 1965, as amended (4Z -U, 10,226 50.00 CFDANO. AND PROJECT TITLE 02, Econ I s Adjustment Assistance, Disaster Relief, Bee Branch Disaster Resiliency Project BUREAU FUND FCFY PROJECT,TASK ORGANIZATION 40 3 20 OFJECT CLASS 41-10-00-00 This Award approved by the Grants Officer is issued in triplicate and constitutes an obligation of Federal funding. By signing the three documents, the Recipient agrees to comply with the Award provisions checked below and attached. Upon acceptance by the Recipient, two signed Award documents shall be returned to the Grants Officer and the third document shall be retained by the Recipient. If not signed and returned without modification by the Recipient within 30 days of receipt, the Grants Officer may unilaterally terminate this Award. 0 Department of Commerce Financial Assistance Standard Terms and Conditions (January 2013) Special Award Conditions Line item Budget 15 CFR Part 14, Uniform Administrative Requirements for Grants and Agreements with institutions of Higher Education, Hospitals, Other Nonprofit, and Commercial Organizations 15 CFR Part 24, Uniform Administrative Requirements for Grants and Agreements to State and Local Governments ° ib Circular A-21, Cost r=rincipies for Educational institutio s SIGNATU OMB Circular A-87, Cost Principles for State, Local, and Ind an Tribal Governments OMB Circular A-122, Cost Principles for Nonprofit Organizations 48 CFR Part 31, Contract Cost Principles and Procedures OM B Circular A-133, Audits of States, Local Governments, and Nonprofit Organizations Other( }: Economic Development Administration Standard Terms & Conditions for Con OF DEPAR ENT OF COM ME'ANTS OFFICER TITLE Robert E. Olson Regional Director TYPED NAME AND SIGN, TURF OF AUTHORIZED RECIPIENT OFFICIAL TITLE Roy Buol AOMR116T' A N FiFcTRO 'h, cxRl ayor uction Projects DATE / A U.S. DEPARTMENT OF COMMERCE ECONOMIC DEVELOPMENT ADMINISTRATION Special Award Conditions of Financial Assistance Award for Public Works and Economic Development Assistance under Section 201 of the Economic Development Administration Reauthorization Act of 2004 (P.L. 108-373) TITLE: Bee Branch Disaster Resiliency Project RECIPIENT: AWARD NUMBER: GRANTS OFFICER: FEDERAL PROG * City of Dubuque 50 W. 13th Street Dubuque, IA 52001-4864 05-79-05290 Robert E. Olson, Regional Director U.S. Department ofCommerce Economic Development Administration 410 17' Street, Suite 250 Denver, Colorado 80202 OFFICER: Robert E. Olson, Regional Director U,S. Department of Commerce Economic Development Administration 410 17th Street, Suite 250 Denver. Colorado 80202 TOTAL AUTHORIZED BUDGET: Federal Cash Contribution Recipient Contribution Total Authorized Budget $1,227,138 $8.999,012 $10,226,150 LINE ITEM BUDGET — See Attachment No, 1 Line Item Budget II. ADDITIONAL CONDITIONS This award supports the work described in the Recipient's Economic Adjustment Assistance, Disaster Relief grant application, dated August 15, 2012. The application, including any attachments, project descriptions, and subsequently submitted documentation, are hereby incorporated into this award by reference, . PROJECT SCOPE: The main project components are related to the construction of a new creek and associated floodplain. They include the work associated with the excavation of a channelthe construction of a creek and tloodplain, and the relocation of utilities and streets, The new 20depth floodplain will be 100 - 130 ft. wide and will extend approximately 2,000 lin. ft. The creek will be lined with 42 inch long by 24 -inch City of Dubuque AwaM'Number 05-79-05290 high and 24 -inch wide cut limestone blocks and cobble stone. The project will include the relocation of storm sewer, watermain and sanitary sewer lines. The work also includes improvements to facilitate the restoration of 7 streets, including new concrete pavement, sidewalk, storm sewer, inlets, manholes. and traffic signs and signal improvements. The project will also include vegetation of the floodplain. PROJECT DEVELOPMENT TIME SCHEDULE: The Recipient agrees to the following Project development time schedule: Return of the Affirmed Financial Assistance Aard Start of Constniction Completion of ConstructionBy......................................... Authorized Grant End Date 30 days August 8, 2014 February8. 2017 .....May 8, 2017 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 15 CFR 14.62 or 15 CRF 24.43, as applicable (codified by 53 Federal Register 8048, 8087 March 11, 1988), 2. GOALS FOR WOMEN AND MINORITIES IN CONSTRUCTION: Department of Labor regulations set forth in 41 CFR 60-4 establish goals and timetables for participation of minorities and women in the construction industry. These regulations apply to all Federally assisted construction contracts in excess of $10,000. The Recipient shall comply with these regulations and shall obtain compliance with 41 CFR 60-4 from contractors and subcontractors employed in the completion of the Project by including such notices, clauses and provisions in the Solicitations for Offers or Bids as required by 41 CFR 60-4. The goal for the participation of women is each new project area shall be as lows: From April 1, 1981, until further notice: 6.9 percent. All changes to this goal, as published in the Federal Register in accordance with the Office of Federal Contract Compliance Programs regulations at 41 CFR 60-4.6, or any successor regulations, shall hereafter be incorporated by reference into these Special Award Conditions, Page 2 of 6 City of Dubuque Award Number 05-79-05290 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 Specifications" (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. 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 two of the original Award 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. 4. 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 allow for the use of its funding as non-federal 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 the Regional Office with evidence satisfactory to the Government that all funds necessary to complete the Project are available. 5. 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 acquisitiorr, and b. express the amount announced pursuant to paragraph (a) as a percentage o 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. 6. REPORTING REQUIREMENTS: A project report is due ninety (90) days after project completion. EDA will close the award on the basis of the final project report. EDA may, however, revise the eligible project costs based upon the audit report, if required under the Standard Terms and Conditions. 7. REPORTING UNLIQUIDATED OBLIGATIONS: All Recipients of an EDA grant award of more than $100,000, whose Award has not been fully disbursed are required to Page 3 of 6 City of Dubuque Award Number 05-79-05290 submit a Standard Form Federal Financial Report 425 (SF -425) to EDA semi-annually to report on the status of unreimbursed obligations. This report will provide information on the amount of allowable project expenses that have been incurred, but not claimed for reimbursement by the Recipient as of the end of the reporting period. The Recipient shall submit a SF -425. Federal Financial Report (FFR) (OMB Control No. 0348-0061) on a semi-annual basis for the periods ending March 31 and September 30, or any portion thereof until the final grant payment is made by EDA. Reports are due no later than 30 days following the end of each reporting period. Sec also Standard Terms and Conditions for Construction Projects, Section B, Paragraph I Form SF -425 and instructions for completing the form are available at whfiehouse gov oYnb/grunL fornis, 8. PERFORMANCE MEASURES: The Recipient agrees to report on program performance measures and program 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 presently apply to program activities funded by this grant will be provided in a separate GPRA information collection document. EDA will advise recipients in writing within a reasonable period prior to the time of submission of the reports in the event that there are any modifications in the performance measures, 9. DELAYED PROGRESS: If significant development of plans and specifications (as determined by EDA) has not begun within two (2) years of project approval, or by the date estimated 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 if EDA determines that the completion cannot be expected to proceed promptly and expeditiously. 10. NONRELOCATION: In signing this award of financial assistance, Recipient(s) attests that EDA funding is not intended by the Recipient to assist its efforts to induce the relocation of existing jobs that are located outside of its jurisdiction to within its jurisdiction in competition with other jurisdictions for those same jobs. In the event that EDA determines that its assistance was used for those purposes, EDA retains the right to pursue appropriate enforcement action in accord with the Standard Terms and Conditions of the Award, including suspension of disbursements and termination of the award for convenience or cause. 11. 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 ofCommerce in an "Interim Final Rule,- 15 CFR Part 28 (55 FR 6736-6748. 2/26/90). The Recipient and sub -recipients are generally prohibited from using Federal funds for lobbying the Executive or Legislative Branches of the Federal Governrnent in connection with this Award. Page 4 of 6 City of Dubuque Award Number 05-79-05290 The Recipient shall require each person who requests or receives from the Recipient a sub -grant, contract, or subcontract exceeding $100,000 of Federal funds at any tier under this Award, to file a "Certification Regarding Lobbying 12. PROGRESS REPORTS: The Recipient shall submit progress reports to the Federal Program Officer on a quarterly basis for the periods ending March 31 and September 30, or any portion thereof until the final grant payment is made by EDA. Reports are due no later than 30 days following the end of each reporting period. 13. TITLE: Prior to the initial disbursement of funds by EDA, the Recipient shall provide evidence. satisfactory to EDA, that the Recipient has acquired good and merchantable title, free from all mortgages or other foreclosable liens, to all land, rights of way and easements necessary for the completion of the project. 14. STATE HISTORIC PRESERVATION OFFICER: If during construction of the project, historical and archeological resources, including burial grounds and artifacts, are discovered the Recipient shall immediately stop construction in the area. contact the State Historic Preservation Officer (SHPO) and EDA and follow the SHPO's instructions for preservation of the resources, 15. ENVIRONMENTAL PE' ITS: Prior to EDA's approval of bid documents, the Recipient shall provide documentation satisfactory to EDA that the permits listed below have been obtained or the bid documents include language requiring the contractor to obtain the permits prior to the start of construction. If the contractor obtains the permits, then prior to initial disbursement of any construction costs, the Recipient shall provide EDA with satisfactory documentation that the permits have been obtained, • ova NPDES Permit 112 16. CONTAMINATED MATERIALS: During construction, it is possible that the Recipient will encounter contaminated soils. As such, the Recipient shall take the following measures: a. Prior to EDA's approval of the bid documents, the Recipient shall provide documentation satisfactory to EDA showing that it has retained an environmental professional, or that the bid documents require the contractor to retain an environmental professional, to be on site to monitor excavations during construction so that materials requiring disposal in a licensed landfill can be identified, segregated and disposed of accordingly. b. Prior to final disbursement, the Recipient shall provide evidence satisfactory to EDA that contaminated materials, if any, were disposed of properly. c. The Recipient shall notify the EDA Regional Environmental Officer if and when any contaminated materials are uncovered during construction. Page 5 of 6 City of Dubuque Form ED -508 (Rev. 7i07) ATTACHMENT Na Award Number 05-79-05290 U.S. DEPARTMENT OF COMMERCE ECONOMIC DEVELOPMENT ADMINISTRATION PUBLIC WORKS PROJECT COST CLASSIFICATIONS City of Dubuque. Bee Branch Disaster Resiliency Project EDA Award No.: 05-79-05290 State: Iowa County: Dubuque Cost Classification Requested Approved Administrative and legal expenses $ 20.000 $ 20,000 Land, structures, rights-of-way, appraisals, etc. Relocation expenses and payments Architectural and engineering fees Other architectural and engineering fees Project inspection fees Site work Demolition and removal Construction Equipment Contingencies TOTAL PROJECT COSTS Page 6 of 6 0 0 0 0 0 0 0 0 0 0 0 0 0 10,206,150 10,206,150 0 510+226.150 $10,226,150 Masterpiece on the Mississippi Dubuque 10121211 All -America City 2007 • 2012 • 2013 • 2017 TO: Michael C. Van Milligen FROM: Deron L. Muehring, Civil Engineer VP., SUBJECT: Economic Development Administration Grant — Amendment to Financial Assistance Award Revising Project Schedule and Budget DATE: December 1, 2017 BACKGROUND In June of 2012, the City Council adopted Resolution 142-12, approving the City's application for funding for the Bee Branch Creek Restoration Project made available for cities and counties that received a Federal Disaster Declaration in 2011 through the U.S. Economic Development Administration (EDA) Disaster Relief Program. On August 8, 2013 the EDA awarded the City of Dubuque $1,227,138 for the Bee Branch Disaster Resiliency Project (a.k.a. the Upper Bee Branch — Channel, Streets, & Utilities Project). In order to receive the $1,227,138.00 federal award, it was necessary for the City to acknowledge and agree to comply with the grant provisions within 30 days of the award notice. Thus, the Financial Assistance Award was signed by Mayor Roy D. Buol, the City's Authorized Representative, and returned to the EDA solidifying the federal funding obligation for the Upper Bee Branch Creek - Channel, Streets, & Utilities Project. On October 6, 2014 the City Council passed Resolution 306-14 authorizing the City Manager to also act as an authorized representative on the EDA grant agreement with the authority to execute any documents required by the agreement as the EDA may reasonably request. DISCUSSION The EDA Financial Assistance Award established both the timeline and budget for the EDA portion of the Upper Bee Branch Creek — Channel, Streets, & Utilities Project. While all of the EDA -funded improvements had been completed prior to the established construction completion deadline of September 1, 2017, all retainage associated with those improvements are yet to be released. Therefore, adjusting the project construction completion date is warranted. November 17, 2017 Honorable Mayor Roy Buol City of Dubuque 50 W. 13th Street Dubuque, Iowa 52001-4864 Dear Mayor Buol: United States Department of Commerce Economic Development Administration Denver Regional Office 1244 Speer Boulevard, Suite 431 Denver, Colorado 80204 In reply refer to: Award No. 05-79-05290 Enclosed are two copies of Amendment No. 3 to the Financial Assistance Award for revising Special Award Condition No. 1 - Project Development Schedule - the completion of construction date and the authorized grant end date for the above cited award. Your agreement to the terms and conditions of the award should be indicated by the signature of your principal official on each of the signed copies of the Amendment to Financial Assistance Award. One of the executed copies should be returned to Angela B. Martinez, Regional Director, EDA Denver Regional Office, 1244 Speer Blvd., Suite 431, Denver, CO 80204. If not signed and returned within 30 days of receipt, EDA may declare the Award Amendment null and void. Please do not make any commitments in reliance on this amendment until you have carefully reviewed and accepted the terms and conditions. Any commitments entered into prior to obtaining the approval of EDA in accordance with its regulations and requirements will be at your own risk. Sincerely, C Angela B. Martinez Regional Director Enclosures 241,...(jkS FORM CD -451 DAO 203-26 U.S. DEPARTMENT OF COMMERCE AMENDMENT TO FINANCIAL ASSISTANCE AWARD RECIPIENT NAME City ofDubuque STREET ADDRESS 5UVK.13thStreet CffY, STATE, ZIP CODE Dubuque, IA 62001'4864 BUREAU 20 FUND 40 COSTS ARE REVISED AS FOLLOWS: FEDERAL SHARE OF COST RECIPIENT SHARE OF COST TOTAL ESTMATED COST REASON(S) FOR AMENDMENT FCFY 13 PROJECT -TASK 00 GRANT COOPERATIVE AGREEMENT CFDA NO. AND PROJECT TITLE 11.307; Economic Adjustment AWARD NUMBER 05-79-05290 AMENDMENT NUMBER 3 EFFECTIVE DATE November 17, 2017 EXTEND WORK COMPLETION TO April 8, 2018 ORGANIZATION OBJECT CLASS 05 41100000 PREVIOUS TOTAL ESTIMATED COST ADD DEDUCT ESTIMATED COST 1,227,138.00 $ 0.80 $ 0.00 $ 1,237138.00 24026.407.00 $ 0.00 $ 0.00 $ 24.026/407I0 25'253'545.00 $ 0.80 $ 0.00 $ 35,253'545.00 This Amendment will revise the the Project Schedu!e and Budget.Special Award Condition No. 1, Project Development Time Schedule, is revised to extend the project completion of construction date to January 8, 2018 and the authorized grant end date to April 8, 2018. All other terms and conditions of the Financial Assistance Award shall remain in full force and effect. This Amendment 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 Amendment provisions checked below and attached, as well as previous provisions incorporated into the Award. Upon acceptance by the Recipient, two signed Amendment documents shall be returned to the Grants Officer and the third document shall be retained by the Recipient. If not signed and returned without modification by the Recipient within 30 days of receipt, the Grants Officer may unilaterally terminate this Amendment. LM Special Award Conditions Fl Line Item Budget Other(s): SIGNATURE O+DEPARTMENT opCOMMERCE omxwFpmcn I Angela B. Martinez, Regional Director 4),(2/1 6 TYPED NAME, TYPED TTLE, AND SIGNATURE OFNORIZEDfiECIPIENT OFFICIAL jA , . Roy BuoI, Mayor ADMINISTRATIONIIPSG ELECTRONIC FORM City of Dubuque' Award Number 05-79-05290 AMENDMENT TO SPECIAL AWARD CONDITIONS U.S. DEPARTMENT OF COMMERCE Economic Development Administration (EDA) Provision 1 of the Special Award Conditions for Financial Assistance Award Number 05-79-05290 are hereby amended as follows: 1. PROJECT DEVELOPMENT TIME SCHEDULE: The Recipient agrees to the following Project development time schedule: Return of the Affirmed Financial Assistance Award 30 days Start of Construction By April 30, 2016 Completion of Construction By .January 8, 2018 Authorized Grant End Date .. April 8, 2018 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 15 CFR 14.62 or 15 CRF 24.43, as applicable (codified by 53 Federal Register 8048, 8087 March 11, 1988). Except to the extent modified herein, all terms and conditions of the Award shall remain in full force and effect. Page 1 of 1