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HomeMy WebLinkAbout07109 ORD - 12/27/1963t AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER, HERBERT W. WHITNEY, TO EXECUTE, FOR AND ON BEHALF OF THE CITY, AN ACCEPTANCE OF A FEDERAL GRANT OFFER IN THE AMOUNT OF $339,000.00, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. WHEREAS, THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI HAS AUTHORIZED A PROGRAM OF CONSTRUCTION OF SEWERAGE WORKS AT AN ESTIMATED COST OF $1,210,000 AND THE UNITED STATES GOVERNMENT, ACTING THROUGH THE PUBLIC HEALTH SERVICE, HAS OFFERED A FEDERAL GRANT IN THE AMOUNT OF 1' $339,000 AS DESIGNATED ON PART A, OFFER AND ACCEPTANCE, NOW UNDER CONSIDERATION BY THIS BODY: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THAT THE FEDERAL GRANT IN THE AMOUNT OF $339,000, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, BE AND THE SAME IS HEREBY ACCEPTED AND APPROVED, AND THE CITY MANAGER, HERBERT W. WHITNEY, IS HEREBY AUTHORIZED AND DIRECTED TO SIGN SAID OFFER AND ACCEPTANCE AND ANY OTHER NECESSARY DOCUMENTS TO COMPLETE THE PROJECT ON BEHALF OF THE CITY. SECTION 2. THE NECESSITY FOR IMMEDIATE ACCEPTANCE OF THE FEDERAL GRANT OFFER DESCRIBED ABOVE BY THE CITY SO AS TO SECURE THE FUNDS AS PROMPTLY AS POSSIBLE FOR THE CITY CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR, HAVING DECLARED SUCH EMERGENCY AND NECESSITY TO EXIST, HAVING REQUESTED THE SUSPENSION OF SAID CHARTER RULE AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND THAT SUCH ORDINANCE TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS SSAGE, IT IS ACCORDINGLY SO ORDAINED THIS THE�DAY OF ATTE i CI SECRET RY CORPUS CHRISTI TEXAS APPROVED AS T LEGAL FORM THIS THE CITY QF , ,2 3 DAY OF ,9� ,.ICw 19 G3 11 0 . ITY ATTORNEY 0 ��a9 • -1 Deportment of FORM APPROVE ' HtALTH, EDUCATION, AND WELFARE BUDGET BUREA. A614 • PUBLIC HEALTH SERVICE PROJECT NO. WPC- Tex -294 OFFER AND ACCEPTANCE OF FEDERAL GRANT FOR SEWAGE TREATMENT WORKS PART A • UNDER 33 U.S.C. 466 et seq. SECTION I OFFER A. LOCATION OF PROJECT (State, County, City) Texas, Nueces County, Corpus Christi B. LEGAL NAME AND ADDRESS OF APPLYING AUTHORITY (herein called the "Applicant ") City of Corpus Christi, City Hall, 302 South Shoreline, Corpus Christi, Texas C. PROJECT FINANCING UNDER TERMS OF THIS OFFER Total estimated projeceCast ...... ..............................$ 1,210,000,00 Estimated project cost eligible for Federal participation ................. $ 1,130,000,00 FEDERAL GRANT OFFERED ..... ..............................S 339,000.00 , D. DESCRIPTION OF PROJECT 3 M G D sewage treatment plant Corisideration having been given by the Surgeon General of the Public Health Service to (a) the application submitted by the Applicant pursuant to Section 6 of the Federal ',Pater Pollution Central Act, as amended (33 U.S.C. 466 et seq.), (b) the public benefits to be derived by the construction of this project, (c) the relation of the ultimate cost of constructing and maintaining the works to the public interest and to the public necessity for the works, and (d) the adequacy of the provisions made or proposed by the Applicant for assuring proper and efficient operation and maintenance of the treatment works after completion of the construe. tion thereof, and it having been determined by the Surgeon General that such project (a) is In conformity with the approved State water pollution control plan submitted pursuant to Section S of the Act, (6) meats the criteria for Federal aid specified in Section 55.28 of the regulations, and (e) is Included In a comprehensive program developed pursuant to the Act; and the Surgeon General having further determined that the State water pollution control agency has approved the project and certified that it is entitled to priority over other eligible projects on the basis of financial as well as water pollution control needs; The Surgeon ,eneral of the Public Health Service, acting in behalf of the United States of America, hereby afters: To make a Federal grant to the above named Applicant subject to the assurance included in this document as Section 11, in order to aid in financing the construction of the project pursuant to the Federal Water Pollution Control Act, as Wended. The amount of the Federal grant will not exceed 30 per cent of the estimated reasonable cost of the project or $600,000, whichever is less, except that where a project will serve more than one municipality, each participating municipality's share of the ex- pense shall be treated as If it were a separate project for the purposes of determining the total of the grant to be made in such instances, said individual shares, in turn, being subject to the percentage and dollar limitations for Indlvldud grants first here - Inabove mentioned, and the total of all amounts so determined or $2,400,000, whichever is the smaller, shall be the maximum grant that may be made for each project serving more than arie municipality; provided, further, that in the event the actual reasona- ble cost of any project, as determined by tho Surgeon General upon completion of construction, Is less than the estimated reasonable cost upon which the grant offer is based, such actual cost shall be used to determine the amount of the Federal grant, and the grant shall be reduced as necessary to conform with the limitations hareinabove cited. In addition, this Offer is made subject to completion of Part 8 of this Offer and Acceptance and the following .ions: 1.• The 'Public Health Service,.U.S. Department of Health, Education and WeL:.dre reserves the right to withdraw the offer in the event reasonable progress is not main- tained toward completion of the project. 2. No other Federal contracts have been or will be executed which will cause Federal monies other than-the grant herein offered to be used for direct payment of any portion of the eligible costs of this project. This assurance'doea not refer to monies provided on a loan or repayment basis. 3. Any attachments to this form and conditions therein will be considered a part of this grant offer. 4. All construction contracts awarded on or after October 12, 1962, as a-result of an invitation for bids issued after August 13, 1962, must include the overtime . provisions required by the Contract Work Hours Standards Act. k i 5. No payment can be made until an operable project is assured, 6. Proper documentation will be submitted to show that a successful bond election has been held or that other financial arrangements have been completed 'by April 23, 1964. 7. Plans and specifications complying with Texas State Department of Health recommended design criteria will be submitted for approval before June 22, 1964. a This offer must be accepted, if at all, on or before. January 243 1964 For the United Stares of America, Public Health Service: Re ional Health Director DEC 13 1963 ; %i r l� c c t �L�Lin� g • Title of Officer) (Date) � (For the Surgeon General) ( PH S-2690-1 REV+ 1-63 (Page 2) t ATTACHMENT.TO SECTION I, PART A, OFFER AND ACCEPTANCE OF FEDERAL GRANT FOR SEWAGE TREATMENT WORKS UNDER 33 U.S.C. 466 eE seq. ADDITIONAL ASSURANCE IN COMPLIANCE WITH EXECUTIVE ORDER NO. 11114 REGARDING NON- DISCRIMINATION IN EMPLOYMENT The applicant hereby agrees to the following conditions: (1) It will incorporate or cause to be incorporated into any con- tract for construction work; or modification thereof, paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan, insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance or guarantee, the provisions prescribed for Government contracts and Federally assisted construction contracts by Section 301 of Executive Order 10925, as amended; (2) It will assist and cooperate actively with the Department of Health, Education and Welfare and the President's Committee on Equal Employment Opportunity in obtaining the compliance of contractors and subcontractors with said contract provisions and with the rules, regulations, and relevant orders of the committee; - (3) It will obtain and furnish to the Department of Health, Education and Welfare and to the Committee such information as they may require for the supervision of such compliance; (4) It will enforce the obligations of contractors and subcontractors under such provisions, rules, regulations and orders; `a (5) It will carry out sanctions and penalties for violation of such obligations imposed upon contractors and subcontractors by the Committee ' or the Department of Health, Education and Welfare; (6) It will refrain from entering into any contract subject to this order or extension or other modification of such a contract with a contractor debarred from Government contracts and Federally assisted construction contracts under Part III, Subpart D of Executive Order 10925, or who has not demonstrated his eligibility for such contracts as provided in Part III of Executive Order 10925; and (7) In the event that he fails and refuses to comply with his under- takings, the applicant agrees that the Department of Health, Education and Welfare may cancel, terminate or suspend in whole or in part this grant (contract, loan, insurance, guarantee), may refrain from extending any further assistance under any of its programs subject to Executive Order 11114 until satisfactory assurance of future compliance has been received from such applicant, or may refer the case to the Department of Justice for appropriate legal proceedings. s 1 I i CG -43 ATTACHMENT TO PART A, OFFER AND ACCEPTANCE PROJECT: WPC- Tex -294, Corpus Christi, Texas SUMMARY OF COSTS CONSIDERED FOR FEDERAL PARTICIPATION CONSTRUCTION ITEMS REQUESTED IN APPLICATION ELIGIBLE 3 M G D sewage treatment plant r i $950,000.00 $950,000.00 ' Total Construction Equipment and Materials Engineering Services Legal Costs Administrative Costs Project Contingency TOTAL ESTIMATED COST FEDERAL GRANT 950 000.00 950 000.00 75 000.00 75 000,00 5,000.00 5,000.00 5,000,00 5,000.00 95,000.00 95,000.00 1,130,000.00 1,130,000.00 339,000,00 339,000.00 X11— r,-11 �. uu quanui�ies anu GVSLS. minor variacions wicnin an item are to be expected and will not affect its eligibility. Any changes in the items, or substantial changes within an item, however, will be considered ineligible unless reconsideration is specifically requested and approved by the State and PHS. Final grant payment will be based on actual costs of eligible items. ON 11 ASSURANCES The Applicant hereby gives essurence'to the Surgeon General of the Public Health Service: -A. That actual construction work will be performed by the lump sum (fixed price) or unit price contract method, that ode- - • quote methods of obtaining competitive bidding will be employed prior to awarding the construction contract, and that the award of the contract wilt be made to the responsible bidder submitting the lowest acceptable bid; i 3. That the project will not be advertised or placed on the market for bidding until the final plans and specifications have been approved by the Surgeon General and the appropriate State agency, and the Applicant has been so notified; to C. That the roach be tin atnoam contract not require the percentumr(50.)rof the contract price, and tonmaintain during thetlife of the contract adequate fire, and extended coverage, workmen's compensation, public liability and property damage insurance; D. That any change or changes in the contract which make any major alteration In the work required by the plans and spael- fications, or which raise the cost of the project above the latest estimate approved by the Surgeon General, will be sub. mitted to the Surgeon General for prior approval; i E. That the construction of the project, including the letting of contracts in connection therewith, shall conform to the applicable requirements of State, Territorial and local laws and ordinances; F. That the construction contract will provide that the representatives of the Public Health Service and the State will have access to the work wherever it is in preparation or progress and that the contractor will provide proper facilities for ' such access and inspection; i G. That the Applicant will provide and maintain competent and adequate ono ineering supervision and inspection at the pro!. act to insure that the construction conforms with the approved plans and specifications; �i :1. That adequate accounting d fiscal records shall be maintained to reflect the receipt and expenditure of funds far the purpose of this project and all funds, however provided for the payment of the cost of the project, shall be credit.", promptly upon receipt thereof, in o separate construction account or accounts and these funds shall be expanded only for costs of the project; 1. That the declarations, assurances, representations and statements made b the Applicant in the application, and all documents, amendments and communications filed with the Public Aealth Service by the Applicant In support of its re- quest for a grant, will be fulfilled; J. That the Applicant will submit to the Surgeon General such documents and information as he may require; i K. That construction contracts In excess of $2,0001 will proscribe the minimum rates of pay for laborers and mechanics engaged in the construction of the project as determined by the Secretary of Labor pursuant to Section 6(f) of the Federal Water Pollution Control Act, (33 U.S.C. 466e) and in accordance with the Davis -Bacon Act, (40 U.S.C. 276a through a -5); shall contain the stipulations and provisions contained in Section 55.32 of the PHS Regulations (42 CFR, Part 55, Subpart O); and that all construction contracts, regardless of amount, will require the Contractor to comply with the Regulations of the Secretary of Lobar made pursuant to the Contract Work flours Standards Act, (40 U.S.C. 327 at saq.), the Anti - Kickback Act of June 13, 1934, (40 U.S.C. 276c), and any amendments or modifications thereto, to cousa appropriate provisions to be ' sorted in subcontracts to insure compliance therewith by all subcontractors subject there- to, and tobe responsible for the submission of statements required of subcontractors thereunder, except as the Secretary of Labor may specifically provide for reasonable limitations, variations, tolerances, and exemptions from the require. neat, thereof; t L. That the Applicant will demonstrate to the satisfaction of the Surgeon General his ability to pay the remaining cost of the project; M. That the Applicant will demonstrate to the satisfaction of the Surgeon General that he has or will have a fee simple or such other estate or interest in the site of the project, including necessary easements and rights -of -way, as the Surgeon ,oncr l i finds sufficient to assure undisturbed use and possession for the purposes of construction and operation for the esti —tad life of the project; and in the case of projects serving more than one municipality, that the participating communities have such interests or rights as the Surgeon General finds sufficient to assure their undisturbed utilization of the project for the estimated life of the project. j 1 I!. The Applicant agrees to construct the project or cause it to be constructed to final completion in accordance with the appl;cation and plans and specifications approved by the Surgeon General. SECTION 111 ACCEPTANCE On behalf of City of Corpus Christi (Legal Name of Applicant) I, the undersigned, being duly authorized to take such action, as evidenced by the attached CERTIFIED COPY OF A•JTHORIZATION BY THE APPLICANT'S GOVERNING BODY, do hereby accept this offer and make the assur- onces contained therein. ' (7min) (Signature of R.presontell,.) W. Whitney, City Manager e PHS - 2690-1 (Page 3ATTEST: ('' °me and Title of f:epAPPROGED IT* T&L FORM TI-II S DAY OF REV. 1 -63 !96 CITY ATTORNEY CORPUS CHRISTI TEXAS J� AY OF TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FORE- GOING ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPENSION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE IT IS INTRODUCED, AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCIL; 1, THEREFORE HEREBY REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT IS INTRO - DUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY, THE CITY OF CORPUS CHRISTI, TEXAS. THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: JAMES L. BARNARD c f JAMES H. YOUNG C JACK R. BLACKMON JOSE R. DELEON ) M. P. MALDONADO f W. J. ROBERTS ,C W. H. WALLACE, JR. cl� j THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: JAMES L. BARNARD G� JAMES H. YOUNG A .t JACK R. BLACKMON y JOSE R. DELEON M. P. MALDONADO W. J. ROBERTS W. H. WALLACE, JR. THE STATE Ur Ir.---+o COUNTY OF NUECES. 1, Mrs. Henry E. Gouger, Clerk of the County Court in and for said County, do hereby certify that the foregoing instrument — - ------------ -- ---- - ----------------------- -------- ------------- ------------ ---------- - Dated this ................ ;?.-;L-. day of ------- ------------- - — -, --- - - -- - ----- ------ ------- - 19 &,3 ,with its certificate of authentication, was filed for record in my office the -?.7 day oL ------------ --- /--0 ---- -- c --- ------- 19 6.3. :—Z-S/--o'clock M., and duly recorded the dcry of... !4 ,�,q �!� 19-/— o'clock e-M., in.- --- ... .... ............ —A . . . ....................................... -------------------- Record of said County, in Vol.-1°--A f -- on Pages ....... ........................... . . -- -- ----------------- -- Witness my hand and seal of the County Court of said County at office in Corpus Christi, Texas, .it the day and year last abov wn en / Mrs. Henry E. Gouger, By Deputy County Clerk, Nueces Coun ty. THE STATE OF TEXAS COUNTY OF NUECES. 1, Mrs. Henry E. Gouger, Clark of the County Court in and for said County, do hereby certify thatthe foregoing instrument_----------- ----- ---------- -------- - - --- --- -- ------- - --------- * ------- - ---------------------------------------- ---------- - Dated this ............. dory of --- - -- -- ---------- -- -- .. .......... ...... - 19.6-3, with its certificate of authentication, was filed for record in my office the . ...day oL ------------ ----- --- -------- 19 at.�.:.?�..oclock . . .... M., cqid duly recorded the .. ....... .. dory of ---------------- --- ---------- at o'clock.- M., in--- - -- - -- ------ --- 0 �,Z -------------------------------------------------------------- ------- ----- Record of said County, in Vol- on Pages >3-r----_- -- - --- -------------------------- - -------------------- Witness my hand and seal of the County Court of said County at office in Corpus Christi, Texas, the day and year last abo '/' Mrs. Henry E. Gouger, Deputy County Clerk, Nueces County.