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HomeMy WebLinkAbout13448 ORD - 10/20/1976JKH:hb:10 /20/76:lst AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT AGREEMENT WITH THE ENVIRONMENTAL PROTECTION AGENCY PERTAINING TO THE WESTSIDE WASTEWATER SYSTEM, PROJECT NO. 250- 72 -11, SAID GRANT BEING IN THE AMOUNT OF $31,650, REPRESENTING 75% OF THE TOTAL AMOUNT FOR STEP II OF $42,200, WITH THE CITY'S SHARE BEING 25% OR $10,550, ALL AS MORE FULLY SET FORTH IN THE GRANT AGREEMENT, A SUB- STANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A "; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager be and he is hereby authorized to execute a Grant Agreement with the Environmental Protection Agency per- taining to the Westside Wastewater System, Project No. 250- 72 -11, said grant being in the amount of $31,650, representing 75% of the total amount for Step II work on improvements of $42,200, with the City's share being 25% or $10,550, all as more fully set forth in the Grant Agreement, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit "A '. SECTION 2. The necessity to authorize execution of the afore- said Grant Agreement at the earliest practicable date in order that the Westside Wastewater System improvements may be continuedVithot4 delay 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 but 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 the Charter rule and that this ordinance take effect and be in full force and effect from and after its --passage, IT IS ACCORDINGLY SO ORDAINED this the ��day of 1976. ATTEST: , S cr ta� APPROVED: GiJ Y OF OCTOBER, 1976: J. BRUCE Y*KCITY TTORNEY By As sistanney MAYOR' THE CITY OF CORPUS CHRISTI, TEXAS ?0119, 13448 U.S. ENVIRONMENTAL PROTECTION aaENCY GRANT Ic=.NTIFIC •10. GRANT AGREEMENT AMENDMENT C- 481217 -02 -0 _HECK APPLICABLE ITEMi51 DATE OF 40ARD Obls"r—, .!.-) - x I -RaN— >_ _ _ k 1 OCT 1978 !: - ENOMEVT TY PC OF ACTION Continuation PART I- GENERAL INFORMATION 1. GRANT PROGRAM Wastewater L iTA T;)TE REF RENCE 1, REGULATION REFERENCE Treatment Works Construction 33 USC 1281 et seq. 40 CFR Ch. 1, Subch. A, B, D 4• GRANTS= OPGANIZATION a- .NAME City of Corpus Christi C, >OORE54 P. 0. Box 9277 Corpus Christi, Texas 73408 b. EMPLOYER' 0. VO. (E(Y) S. PROD -VCT MANAGER .0 vlr Cu. VC) I. .VANE d. AOOR 5 33 R. Marvin Townsend P. 0. Box 9277 I Corpus Christi, Texas 78408 _• T'' -E City Manager -- EPHONE .VO..7 t1.d4 A— Cpde) (512) 884 -3011 5. PROJECT OFFICER (EPA C—eac., a. NAME d. Ac.REss Harold D. Smith, P. E. Environmental Protection Agency, Region VI Water Division 5. „TLS Area Engineer First International Building 1201 Elm Street G TELS —NE NO. rrna,uda Area Coda) (214) 749 -1943 Dallas, Texas 75270 7. PROJECT TITLE ANO DESCRIPTION , Westside Wastewater System Improvements; Step 2 project for preparation of construction drawings and specifications. PROJECT STEP "-T, S. CURATION IRO.EC- -ERIOO BUDGET PER100 (na,a -a) September 1976 -Aril 1977 I September 1976 - April 1977 9• COLLAR AMOUNTS TOTAL PROJECT $42,200.00 Ip,- $31,650.00 COSTS EPA GRANT AMOUNT AL,dAw. VNF%PENOFD PRIOR YR. 9AL. ( A:PA F,aldv) T OTAL _L:CI9LE COOrslNWf) I �• 542,2DD.DD -O -+L 9000 ET P44100 COOTS $'L2,200.00 - "" °cTION:Tk,r oou o<m� anaMN„ $31,650.00 '0• AC_OUNTING DATA AP- ROPRIAT:ON OOC CGN -ROL 40. ! ACCOUNT NO. OdJ C_A33 ! AMOUr1T z nc � " I $31,650.00 68XO103 E00012 ( 7364055005 M/A 11. PAYMENT ME71100 12. °AY EE "V,11 and 1*11111 addreaa. [ncfuUu ZIP C-1 — City of Corpus Christi ACYANCE3 _ : P( award) RE MRUR3EM — =� P. 0. Box 9277 Corpus Christi, Texas 78408 -VG - •MEN- Ned K. Burleson E,�E;T T, addro� P hove _rA ra.n :- U- 10 (R— .4.75) - -- - - _ - =. ,LSO r __.-..e - - EPLACES ATTEST: CITY OF CORPUS CHRISTI, TEXAS By City Secretary R. Marvin Townsend, City Manager APPROVED: DAY OF 1976: J. BRUCE AYCOCK, CITY ATTORNEY BY r (( Assistant City Attorney X 7 �/ Y ( PART II- APPROVED BUDGET TABLE: A - OBJECT CLASS CATEGORY (Non- eanalruc Nan) TOTAL APPROVED ALLOWABLE BUDGET PERIOD COST PERSONNEL 2. E'RINGE 9ENEFI TS 3. TRAVEL E'.UIP..fENT S. SUPPLIES �' S. CDNTRACTUAL 7. CONSTRUCTION 3. OTHER J. -OTAL DIRECT CHARGES IC. INDIRECT C05T5: RATE S SASE tI• TOTAL (Share: Oranree 7 Federal 32- TOTAL APPROVED GRANT AMOUNT IS TABLE B - PROGRAM ELEMENT CLASSIFICATION iNan- wnar7vcticn) .( :;�.r t. z. 3. 1. - S I I 9. J. to. TOTAL (Share: Grantee 7. Federal '6) It. TOTAL APPROVED GRANT AMOUNT I S TABLE C - PROGRAM ELEMENT CLASSIFICATION (CPnallticrian) C- 481217 -02 ',e• I. ADMINISTRATION EXPENSE 2 — ELPAINARY EXPENSE 3.'- 6STRUCTURES. RIGHT -OF -NAY j A CHITECTURAL ENGIN EEAING SASIC FEES 41 800.00 -h CR ARCYITECTURAL CNGINEERING FEES S. PROJECT INSPECTION FEES 7. LAND DEVELOPMENT f RELOCATION EXPENSES ). RE LOC aT'ON P MEN TS TO INDI' /IDU ALS —0 :USINESSES . JEMOLI TION ANO REMOVAL t CONSTRUCTION AND PROJECT IMPRO'IEMENT t2. ECUI PMENT I3. MISCELLANEOUS -O -AL l.Inea:.w, :J, 1 42,200.00 E5- 'MATEO INCOME RI apolleaGl e) _— PRDJEC- AMOI:.NT ( e 11 :5) 42 200.00 -ESS: I,IEL. DI9LE EXCLUSIONS '3 ADD: CON TIV GE.NCI ES IJ TOTAL (Share: Gla 25 .. Federal 75 ".> 42,200.00 zc. TOTAL APPROVED GRANT AMOUNT is 31,650.00 EPA =on, 5700 -20 (Re 4-75) PAGE 2 OF 5 PART 111- GRANT CONDITIONS a. GENERAL CONDITIONS The grantee covenants and agrees that it will expeditiously initiate anti timely complete the project worx for which assistance has been awarded under this grant, in accordance with the applicable grant provisions of 40 CFR Subchapter B. Specifically, the grantee warrants and represents that it, and its contractors, subcontractors, employees and representatives, will comply with the tollowinq General Conditions, the ' applicable supplemental conditions of 40 CFR Subchapter B. as amended, and any.Special Conditions set forth in this grant agreement or any grant amendment. 1. Access. The grantee agrees that it will provide access to the facilities, premises and records related to the project as provided in 4430.605 and 30.805 of 40 CFR Subchapter B. 2. Audyt and Records, The grantee agrees that it will maintain an adequate system for financial managemen t, property management and grantee audit in accoraance with 6630.800 anti 30.010 -3, and that it will maI.tain, preserve and make available to the Government all pro3act records for the purpose of inspection,• interim and final audit, and copying as required by 6630.605, 30.805, ana 30.d20 or 40 CFR Subchapter B. 3. Reports. The grantee agrees to timely file with EPA such reports as are specifically required by the grant agreement or pursuant to 40 CFR Subchapter B, including progress reports (630.635 -1), financial reports (630.635 -3), invention reports (630.635 -4), property reports (630.635 -5), relocation anti acquisition reports (630_635 -6) and a final report 630.635 -2, and that failure to timely file a report may cause EPA to invoke the remedies provided in 40 CFR 30.430_ 4_ Grant Changes; Nod if ications. The grantee agrees that all grant modifications will be accomplished through the provisions of 40 CFR 30.900 through 30.900 -4. 5. Requirement P�tais)iDg kg Federally ssisted goes iructioq. The grantee agrees that durinq the pert or ma nce of the project work it will comply, and that Its contractors, subcontractors, employees and representatives will comply, with the requirements pertaining to federally assisted construction identified in 40 CFR 30_415. ' 6. Suspension. (a) The grantee agrees that the grant official may, at any tame, require the grantee to stop all,-or any part, of the work within the scope of the project for which EPA grant assistance vas awarded, by a written stop -work order, for a period of not more than forty -five (45) days after the order is deliverad to the grantee, and for any further period to w ich the parties may agree_ Any such order shall be specifically identified as a stop -work order issued pucspant to this clause. Up.,, receipt of such an order, the grantee agrees to fortnvith comply with its terms and take all reasonable steps to minimize the incurrence of dusts all cable to the work covered by the order during the period of work stoppage. This suspension article shall not be applicable to educational institutions or nonprofit research institution s. (b) The grantee agrees that, within any such suspension period, F.PA may either (1) cancel the stup- work order, in full or in part, or 12) initiate action to terminate the grant, in Part or in tull, as provided in Article 7, below_ (c) If a stop -work order is canceled or if the suspension period or any extension thereof expires, the grantee agrees tp promptly resume the previously suspended project work. (d) An equitable adjustment shall be made in the pro3ect period, budget period, or the grant amount, or all of these as appropriate, if. (1) the stop -work order results in an increase in the time required for, or an the grantee's costs properly allocable to, the performance of any part of the pro3ect, and _ (2) the grantee asserts a written claim 'for such adjustment within sixty (60) days after the end of the period of work stoppage, oryidsd that if the Pruject Ofticer determines that the circumstances 3ustify such action( for example, if the impact at cost or time fdctors resultin7 j'rom a stop -worx order could not have he e•1 ascertained pea r to written submission at the claim), he may receive and act upon any such claim asserted at any trine praoor to final payment under this grant. (e) If a stop-work order is'not canceled and graht-related project work covered by such order is within the scope of a subsequently- issued termination order, the reasonable costs resulting from the stup -work order shall be allowed in arriving at the termination settlement. (f) The grantee ogre s that coats incurred by the gra ne ea or its contractors, subcontractors or reprasentati ves, aFter a cI,p work order is delivered, or within any extension of the suspension period to which the parties may have agreed, with respect to the pro3ert. work suspended by such order or agreement, which are not authorized by this article or specifically authorized in writing by the Project officer shall not he allwable costs. F Pi F..,., nnn_>n fd_... A_a 1 '• PAGE 3 OF 5 PART III -GRANT CONDITIONS a. GENERAL CONDITIONS (Continued) 7. Termi:DJ<io -3A r (a) The grantee agrees that the grant award official nay, at any time, after written, notice and after opportunity ror consultation has been attordad to the gra Atee, terminate the grant, in whole or in part, with the concurrence of apprul.riate EPA officials, through a- written termination notice specifying the effective date or the termination action. (1) Cause for termination shall include, but not be limited to, default by the qrantee or failure by the grantee to comply wrtn grant condition.^. Or terms. (2) The grantee agrees that, u,,on such termination, it will return or credit to the United states that portion of grant funds paid . r owed to the grantee and allucdble to tha terminated project work, except such portion as may be required by the grantee to meet commitments which had become firm prior to the effective •iate of termination and are otherwise allovacle. ()) NI—never teasible, the grant award official and the grantee shall enter into a termination agream ?nt a soon as possible after any such termination action to establish the basi s•for settlement of grant rcr.", I. t iunscosts and the amount and date of payment of any sums due to either party. (b) upon rey test of the grantee, an] if the Pro jeer Officer determines with the concurrence of apt ropria to CPA ott icials that there is good cause for the termination of all or any portion of the project work ror vnich cPA grant assistance has been awarded, the grant award official and the grantee may enter into a written termination agreement astabli-,einq the effective date of the qrant and project termination, and the basis for settlement of grant termination costs, and the amount and date of payment. of any sums due to either party. (c) The grantee agrees that it will not unilaterally terminate worst on the project for which EPA grant assistance has been awarded, except for good cause. The grantee further agrees: M That it will promptly give written notice to the Project Officer of any complete or partial termination of tae project work by the grantee, and 12) That, if the Project Officer determines with the concurrence of appropriate EPA officials that the grantee has terminated the project work without good cause, the grant award utficial may annul the . grant and all EPA grant funds previously paid or Owing to the grantee shall be promptly returned or credited to the united states. (a) except as otherwise provided by law or regulations, any dispute ari sin under this rant aqreement shall be decided by the Project Officer, who, after concurrence by appropriate EPA officials, shall reduce his decision to writing and mail or otherwise furnish a copy thereot to the grantee. such a decision of the Project Officer shall be final and conclusive unless, within thirty (30) days from the date of receipt Of such copy, the grantee mails or otherwise delivers to the Project Officer a written appeal addressed to the AJminise rator. (b) The decision of the Administrator or his duly authorized representative for the determination of such appeal shall he final and conclusive unless determined by a court of competent jurisdiction to have been fraudul en r. or capricious, or arbitrary, or so grossly erroneous as to imply had faith, or not supported by substantial evidence. (c) In connection with an appeal proceeding under this article, the grantee shall he afforded an opportunity to be heard, to be represented by legal counsel, to offer evidence and testimony in support of any appeal. and to cross - examine Government witnesses and to examine documentation or exhibits offered in evidence by the Government or admitted to the appeal record (subject to the Government's right to offer its own evidence and testimony, to cross - examine the appellant's witnesses, and to examine documentation or exhibits oftered in evidence by the appellant or admitted to the appeal record). The appeal shall be determined solely upon the appeal record, in accordance with the applicable provisions of Subpart J of Part 30 of Title u0 CFR. (d) This ^Disputes^ article shall not preclude consideration of any question of law in cunnection with decisions provided for by this article; provided, that nothing in this qrint or related regulations shall be construe' as ma xinq [ihwl the decision of any administrative official, representative, or board, on a question of law. g. -Notice acrd Assistance Regard jag Patent pad Copyright Intryp en ment. (a) The grantee agrees to report to the Project Officer, promptly arm] in reasonable written detail, each notice or claim of patent or copyright infringement based on the performance of this grant or which the grantee has knowledge. , e (h) In the event of any claim or suit against the Government, on account of any alleqed patent or copyright infrinq ement arising out of the performance of this grant or out of the use of any supplies _ furnished or worn or services performed hereunder, the grantee agrees to furnish to the Government, when requested by the Project Officer, all evidence and information in possession of the grantee pertaining to suet suit or cad im. Such evidence and information shall be turnished at the expense of the Government except where the grantee has alreed to indemnify the Government. EPA Form 5709.20(R... 4.75) PAGE 4 OF 5 U. SPECIAL. CONOITIONS See attached continuation sheet PART IV NOTE: The Grant Agreement must be completed in duplicate and the Criginal returned to the Grants Administration Division for Ileadquarters grant awards and to the appropriate Grants Administration Office for state and local awards wahrn 3 rRlenti.,r weeks after receipt or within any extension of time as may be granted by EPA. Receipt of a written refusal or failure to return the properly executed document within the prescribed time, will result in the automatic withdrawal of the grant offer by the Agency. Any amendment to the Grant Agreement by the grantee subsequent to the document being signed by the Award Official shall void the Grant Agreement. OFFER AND ACCEPTANCE The United States of America, acting by and through the U.S. Environmental Protection Agency (EPA), hereby offers a grant to the City of Corpus Christi for 75 % of all approved costs incurred up to and not GRANTEE ORGANIZATION exceeding S 31,650.00 for the sup ort of a proved budget eriod effort described in application (including till GRANT AMOUNT CIRy of Yorpus Chris 1 upplrruhun ,nnrl; /;rrn;uns) C- 481217 -02, June 29, 1976 included herein by reference. TITLE AND OAT. ISSUING OFFICE (GrontA Admin,sereNen O(flee) AWARD APPROVAL OFFICE ORGANIZATION— OORESS ORGANIZATION/ ADDRESS Environmental Protection Agency, Region VI First International Building 1201 Elm Street Dallas, Texas 75270 THE UNITED STATES OF AMERICA BY THE U.S. ENVIRONMENTAL PROTECTION AGENCY 51 /NATURE OF AWARD OFFICIAL TT ➢ED NAME AND TITLE - — -' John C. 'White, Regional Administrator 4 10 -1 -76 This Grant Agreement is subject to applicable U.S. Environmental Protection Agency statutory provisions and grant regulations. In accepting this award or amendment and any payments made pursuant thereto, (1) the undersigned repre- sents that he is duly authorized to act on behalf of the grantee organization, and (2) the grantee agrees•(a) that the grant is subject to the provisions of 40 CFR Chapter I, Subchapter 8 and of the provisions -of this agreement (Parts I :hni IV), and (b) that acceptance of any payments constitutes an agreement by {the payee that the amounts, if any, found by EPA to have been overpaid will be refunded Or credited in full to EPA. BY AND ON BEHALF OF THE DESIGNATED GRANTEE ORGANIZATION SI GNA -U RE 1­1E0 NAME ANO TITLE DATE R. Marvin Townsend, City Manager EPA Fm 5700.20 (Rw, 4-75) PAGE 5 OF 5 Paqe 5a of 5 U.S. ENVIRONMENTAL PROTECTION AGENCY: GRANT IDENTIFICATION NO. GRANT AGREEMENT AMENDMENT CONTITIU MOM SHEET -481217-02-0 1. Payment Schedule The grantee may request payment for the Federal share of allowable costs incurred in accordance with the following schadule: Tasks to be Estimated Date Cumulative Amount Completed of co.aDletion Amount (Not to be exceeded) Preliminary Design 11/15/70 $16,000.00 .$16,000.00 Final Design 02/15/77 $12,800.00 $28,800.00 Approval of Plans and Specifications 04/15/77 $ 2,850.00 $31,650.00 2. ALL G. -RANT PAY °!E7TS ARE SUBJECT TO CONGRESSIOtiAL APPROPRIATION AND AYAIL- A3ILITY OF FUNDS, 3. All costs incurred in this project must be substantiated with written verification at the time of Federal audit. All projects will be audited when completed. 4. Grantee's records, and his contractors' and subcontractors' records, are subject to audit and inspection by the Comptroller General of the United States and by representatives of the Environmental Protection Agency. Any contract for Step 1, Step 2 or Step 3 work must provide that representatives of the Environmental Protection Agency and the State will have access to the work whenever it is in preparation or Progress and that the contractor Trill provide proper facilities for such access and inspection. Such contract must also provide that the R2g•ional Administrator, the Comptroller General of the United States, or any auzhori?ed representative shall have access to any books, documents, pajers, and records of the contractor which are pertinent to the project for the purpose of making audit, exa-iination, excerpts, and transcrip- tions thereof. ro :�� vu ul U.S. ENVIRONMENTAL PROTECTION AGENCY GRANT IOENTIFICATION No. GRANT AGREEMENT AMENDMENT mrrrar=ON stir C- 431217 -32 -0 5. The grantee agrees to expeditiously initiate and completa the project 3r cause it to be constructed and completed in accordance with the grant agreement and application approved by the Regional Administrator. The Regional Administrator must terminate the grant if initiation of c-)istruction for a Step 3 project has rnt occurred within one year after award of grant assistance for such project: Provided that the Regional A, inistrator may defer such terl,inaiion for not more than six additional r•o;ths, if he determines that there is good cause for the delay in i,-,itiat•ion of project: construction. o. ,rantee agrees to provide The following certification within sixty (30) days of the date of this grant award: (a) that the existing consulting engineer's contract was negotiated in accordance with the principles of P. L. 92 -582, 49 OSC 541 -544 or in accordance with State or local procedures as specified in Section 35.937 -5 of -the Rules and Regulations published in the December 17, 1975, Federal Register. (b) that grantee has reviewed the existing consulting engineer's contract costs (EPA Pore 5700 -41 (2 -76)) as specified by Section 35.937 -6(c) of the Rules and Regulations published in the December 17, 1975, Federal Register. No grant pay.-lent will be made for the affected engineering work until such certification is provided. CG -41 (Rev.• 5/24/76) PROPOSED CONSTRUCTION ITEMS 0 8 OCT 1976 DATE NAME OF PROJECT ' Corous Christi. Texas PROJECT NO. C- 481217 -02 -0 Minor variations within 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 6e'considered ineligible unless reconsideration is specifically requested and approved by the State Agency and the U. S.• Environmental Protection Agency. IPTION OF ITEMS Modifications and additions to Westside Wastewater Treatment Plant listed below: 1. Additional bar screen.in the existing concrete structure. 2. Addition of center well scum removal in all six clarifiers. 3. Replacement of 3 existing recirculation pumps. 4. Construction of stairway at recirculation distribution box. 5. Replacement of digester gas mixing equipment and pressure and vacuum relief valves. 6. Construction of new dual Automatic Backwash filters to- gether with new final sludge .pumps and new chlorine contact chamber. 7. Revision of and addition to final sludge lines. 8. Revision of and addition to final effluent discharge piping. 9. Addition of new chlorine gas line. 10. Replace underground electrical conduits and wiring and outdoor junction boxes and switch boxes where needed. 11. -Revise power feed to comply with EPA requirements. X X X X X X X X X X X CORPUS CHRISTI TEXAS' d- DAY OFF�"W✓ 9 �Y TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI TEXAS FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING ORDINANCES A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EX13T FOR THE 3U3PEN- SION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLUTION SMALL BE PASSED FINALLY ON THE DATE IT 13 INTRODUCED, AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCIL; 1, THEREFORE REQUEST THAT YOU 3U3PEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDI- NANCE FINALLY ON THE DATE IT IS INTRODUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY MAYOR THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: JASON LUBY OR. BILL TIPTON EDUARDO DE ASES RUTH GILL BOB GULLEY GABE LOZANO, SR. EDWARD L. SAMPLE THE ABOVE ORDINANCE WAS PASSED BY T FOLLOWING VOTE: JASON LUBY OR. BILL TIPTON EDUARDO DE ASES RUTH GILL BOB GULLEY GABE LOZANO, SR. EDWARD L. SAMPLE