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HomeMy WebLinkAbout13996 ORD - 10/26/1977JKH:1O- 25 -77; 1st AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ACCEPT A GRANT OFFER FOR ALL OR PORTIONS OF STEP 3 GRANTS FOR THE BROADWAY WASTEWATER SYSTEM, PROJECT NO. 250 -72 -1, AND THE WESTSIDE WASTEWATER SYSTEM, PROJECT NO. 250- 72 -11, A SUBSTANTIAL COPY OF SAID APPLICATION BEING 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 accept a grant offer for all or portions of Step 3 Grants for the Broadway Wastewater System, Project No. 250 -72 -1, and the Westside Waste- water System, Project No. 250- 72 -11, all as more fully set forth in the application, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit "A ". SECTION 2. The necessity to authorize acceptance of the afore- said grant offer in order that the aforesaid projects may be commenced at the earliest practicable date creates a public emergency and an impera- tive public necessity requiring the suspension of the Charter rule that no ordinance or resolution shall be passed finally on the date of its intro- duction 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, and having requested the suspension of the Charter rule and that this ordinance be passed finally on the date of its intro- duction and take effect and be in full force and effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED, this the _ day of October, 1977. ATTEST: tar` y MAYOR THE CITY OF CORPUS CHRISTI, XAS A ED: DAY OF OCTOBER, 1977: J. B UCE AYCOCK, C ATTORNEY MICROFILMED By Assistant City Attorn JUL 0 71980 1 ,2996 i r •'• —LH IS PAGE I OF OBSOLETE AND EPA FORM 5700.21. ,cx// I* US. ENVIRONMENTAL PROTECTION AGENCY GRANT AGPEEMENVAMENDMENT GRANT IDENTIFICATION NO. - C-481217-03-0 CHECK APPLICABLE ITEM(S) DATE OF AWARD (O611g -rl-rl tl -re) y X G ANT AGREEMENT 9 -30 -77 GRANT AMENDMENT TYPE OF ACTION SUBSEOUENT RELATED PROJECT (11TT7') Continuation PART I- GENERAL INFORMATION 1. GRANT PROGRAM Wastewater Trpatmpnt 4. 2. STATUTE REFERENCE 3. REGULATION REFERENCE _ GRANTEE ORGANIZATION B. NAME G AOORPSO. Box 9277 City of Corpus Christi Corpus Christi, Texas 78408 b. EMPLOYER 1.0. NO. (E! 1) 0. PROJECT MANAGER (0­10C {V Coru) NAME - _ d. ADDRESS. J- City of Corpus Christi TIT P.O. Box 9277 City Manager Corpus Christi, Texas 78408 C. TELEPHONE NO. Rne)ude Ares CPIIe) (9191 FIR4-3011 IL PROJECT OFFICER (FPA Cludacr) !L NAME d ADDRESS b. TITLE Environmental Protection Agency, Region Vi Water Division C. TELEPHONE No. (1-1.d, Area Cnd<) First International Building 1201 Elm Street 7. PROJECT TITLE AND DESCRIPTION a 52 Step 3 - Project for building and erecting a. treatment works. Improvements and additions to the Westside wastewater treatment plants PROJECT STEP (B'BT) B. 3 DURATION PROJECT PERIOD (Detex) BUDGET PERIOD (lJurlx) September 1977 - August 1979 September 1977 - August 1979 9. DOLLAR AMOUNTS TOTAL PROJECT COSTS /��1/r�� $870- 000 -00 EYA GRANT AMOUNT (!n- RlndAnd. $,652,500.00 TOTAL ELIGIBLE COSTS (WWr) $870,000.00 PRIOR YR. SAL. (FPA Pund.) TOTAL BUDGET PERIOD COSTS N/A THIS ACTION (TIllx.rrlcarinrl amowlp $652,500.00 10. ACCOUNTING DATA APPROPRIATION DOC CONTROL NO, ACCOUNT NO. OBJ CLASS AMOUNT CHARGED 68X0103.8 E00053 7704065005 I. AI. 11 $652,500.00 11. PAYMENT METHOD 12. PAYEE (Nam- —d moliln0 - ddl.... Llc /ude ZIP C d.) 1 ADVANCES I_�- )awmdl -XREIMBUR9E.AENT City of Corpus Christi ;,_OTHER P.Q. Box 9277 SENDPAYMENT TO Ned K. Burleson Corpus Christi, Texas 78408 g0QXT Address Shown 6d A ve EPA F-rm 5700_90A (Rex. 8_7A1 RFPI e •'• —LH IS PAGE I OF OBSOLETE AND EPA FORM 5700.21. ,cx// I* r_AQT9T7_n9_n r IDENTIFICATION NO. PART 11— APPROVED BUDGET - TABLt A - OBJECT CLASS CATt GORY f.�'Fmmnarn.ceian) ' TOTAL APPROVED ALLOWABLE BUDGET PERIOD COST 1. PERSONNEL 2. FRINGE BENEFITS 3. TRAVEL a. EOUIPMENT 1. SUPPLIES e.CONTRACTUAL - 7. CONSTRUCTION - S. OTHER R. TOTAL DIRECT CHARGES 10. INDIRECT COSTS: RATE :BABE I1 • TOTAL (Shares Grantee Federal 12. TOTAL APPROVED GRANT AMOUNT s TABLE B - PROGRAM ELEMENT CLASSIFICATION INorrconaenlrelon) 1 E. S. a. S. 7. e. - 9. 10. TOTAL (Shares Grunted % FSRIerPl _ �� is. TOTAL APPROVED GRANT AMOUNT P$ TABLE C . PROGRAM ELEMENT CLASSIFICATION • (COnalrOCllml) 1. ADMINISTRATION EXPENSE SOO. O 2. PRELIMINARY EXPENSE S. LAND STRUCTURES. RIGHT.OF.WAY A. ARCHITECTURAL ENGINEERING BASIC FEES _ S. OTHER ARCHITECTURAL ENGINEERING FEES 0 m Manua 0. PROJECT INSPECTION FEEBdn COnstruc ion to ng 7_XXX)jX*XRKj FXr Start—U Services , S. RELOCATION EXPENSES 9. RELOCATION PAYMENTS TO INDIVIDUALS AND BUSINESSES 10. DEMOLITION ANO REMOVAL 11. CONSTRUCTION AND PROJECT IMPROVEMENT 2 OOO.O 12. EQUIPMENT 19. MISCELLANEOUS Laboratory Testing 2,000,00 14. TOTAL (Linea l IhrO 17) 828 000.00 IS. ESTIMATED INCOME (l( applicable) 16. NET PROJECT AMOUNT (Line 10 m 15) 17. LESST INELIGIBLE EXCLUSIONS 19. ADDS CONTINGENCIES 42,000.00 1•.TOTAL (sh-- Grensee 25 7 Federal 75 870,000.00 2o. TOTAL APPROVED GRANT AMOUNT is 652,500.00 �... r-,- Sine—_ 1ne Y. 0-10) PAGE 2 OF • • PART 111 - GRANT CONDITIONS a. General Conditions: The grantee covenants and agrees that it will expeditiously initiate and timely complete the project work for which assistance has been awarded under this grant, in accordance with all applicable provisions of 40 CFR Chapter 1, Subpart B. The grantee warrants, represents, and agrees that it, and its contractors, subcontractors, employees and representatives, will comply with: (1) all applicable provisions of 40 CFR Chapter TO the provisions of Appendix A to 40 CFR Part 30, 1, Subchapter B, INCLUDING BUT NOT LIMITED and (2) any special conditions set forth in this grant agreement or any grant amendment pursuant to 40 CFR 30.425. b. Special Conditions 1. Payment Schedule The grantee may request payment for the Federal share incurred in accordance with the following of allowable costs schedule: Payment No. Date Amunt Cumulative Amount (Not to be Exceeded) 1 03/15/78 $36.250.00 $ 36,250.00 2 04/15/78 $36,250.00 $ 72,500.00 3 05/15/78 $36,250.00 $108,750'.00 4 06/15/78 $36,250.00 $145,000.00 5 07/15/78 . $36,250.00 $181,250.00 6 08/15/78 $36,250.00 $217,500.00 7 09/15/78 $36,250.00 $253,750.00 �8 10/15/78 $36,250.00 $290,000.00 9 11/15/78 $36,250.00 $326,250.00 10 12/15/78 $36,250.00 $362.500.00 11 01/15/79 $36,250.00 $398,750.00 12 02/15%79 $36,250.00 $435,000.00 13 03/15/79 $36,250.00 $471.,250.00 14 04/15/79 $36.250.00 $507,500:00 15 05/15/79 $36,250.00 $543,750.00 16 06/15/79 $36,250.00 $580,000.00 17 07/15/79 $36,250.00 $616,250.00 18 08/15/79 $36,250.00 $652,500.00 EPA F— 5700_20A 1R... 8 -761 PAGE 3 OF 1 1 V GRANT IDENTIFICATION NO._ r_aQlili_nZ D b- 9PEOIAL CON DI TION6 (GODIIn Ybp) - ' 2. Grantee agrees to submit to the Environmental Protection Agency an approvable Industrial Cost Recovery System in accordance with 40 CFR 35.925 -12, 35.928, 35.928 -1 -2, and 35.935 -13, which will become effective at the time the first industrial user introduces industrial waste into the grant- assisted facilities. 3. The grant award is for 75 percent of a segment of a total project. In accepting this award, the grantee agrees to complete the construction of the operable treatment works (35.905 -15) and complete waste treatment system of which the project is a part (35.930 -4) and, the grantee further understands and agrees that the Federal Government is not committed to participate in the funding of the remaining part or parts of the operable portion of the system or of the complete system (35.935 -1). 4. The grantee agrees to prepare and submit a Preliminary Plan of Operation to the Environmental Protection Agency (EPA) by 25 percent completion of con- struction; and that not more than 25 percent grant payment will be made until the Preliminary Plan of Operation has been received. The grantee agrees that the engineering contract will be renegotiated to provide a aximum basic fee amount of A19 nnn nn NOTE: The Grant Agreement must be completed in duplicate and the Original returned to the Grants Administration Division for Headquarters great awards and to the appropriate Grants Administration Office for state and local awards within 3 calendar 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, may result in the automatic withdrawal of the grant offer by the Agency. Any change to the Grant Agreement by the grantee sub- sequent to the document being signed by the EPA Grant Award Official which the Grant Award Official determines to materially alter the Grant Agreement 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 /amendment to the_ City of Corpus Christi for 75 q of all approved costs incurred u GRANTEE ORGANIiAT10N p t0 and not exceeding $ 652,500 00 for the support of approved budget period effort described in application (including all GRANT AMOUNT g p City of Corpus Christi aPPlir•rltion modi/ir•Rtiuns) C- 481217 -03 -0 August 10 1977 included herein by reference. TITLE AND DATE ISSUING OFFICE (Orbnr, Ada,ln /,notion OrrI_) ORGANIZATION/ADORE88 AWARD APPROVAL OFFICE - ORGANI2ATION /ADDREes Environmental Protection Agency, Region VI Environmental Protection Agency, Region VI First International Building First International Building 1201 Elm Street 1201 Elm Street Dallas, Texas 75270 Dallas, Texas 75270 TN NITED STATES F ERICA BY THE U.S. ENVIRONMENTAL PROTECTION AGENCY 31Gk E OF ANA O CIAL AND T TLE 1 arrison, Regional Administrator 10 -7 -77 Is Grant reeluenl . subject io applic le U.S. Environmental Protection Agency statutory provisions and grant regula- tions. In epting III award or amend nt and any payments made pursuant thereto, 0 ) the undersigned represents 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 applicable provisions of 40 CFR Chapter I, Subchapter B and of the provisions of this agreement (Parts I thru 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 1Gh A ON BEHALF OF THE DESIGNATED GRANTEE ORGANIZATION 'iTUgE Tv PED NAME AND TITLE EPA Fo 5700 -20A 111— 8-76) _ `� L rlDllO Cf PACE .4 OF U.S. ENVIRONMENTAL PROTECTION AGENCY GRANT IDENTIFICATION NO. GRANT AGREEMENT /AMENDMENT C- 481216 -03 -0 CHECK APPLICABLE ITEM(S) DATE OF AWARO (06118.11.. data) X GR4NTAGREEMENT September 30, 1977 Oq ANT AMENDMENT TYPE OF ACTION SU BSEOUENT RELATED PROJECT (WIST) Continuation PART I– GENERAL INFORMATION 1. GRANT PROGRAM Wastewater 2. STATUTE REFERENCE 3, REGULATION REFERENCE CF D 4. GRANTEE ORGANIZATION tL NAME C. ADDRESS City of Corpus Christi P.O. Box 9277 Corpus Christi, Texas 78408 b. EMPLOYER I.D. NO. (EZN) PROJECT MANAGER (GrmlJ.v C-8-0 0. NAME d. ADDRESS City of Corpus Christi P.O. Box 9277 1 L City Manager Corpus Christi, Texas 78408 C. TELEPHONE NO. (7nalude Area Coda) 512 884 -3011 6. PROJECT OFFICER (EPA Cantart) a NAME d. ADDRESS Harold D. Smith P.E. Environmental Protection Agency, Region VI Water Division b. TITLE Area Engineer 1201 Elm Street, 27th Floor Dallas, Texas 75270 C. TELEPHONE NO. (In.•Il.de Area Cole) 214 749-1461 7. PROJECT TITLE AND DESCRIPTION Step 3 - Project for building and erecting a treatment works which includes the enlargement and renovation of the Broadway Wastewater Treatment Plant. PROJECT STEP(WBT) (Segment 1 B. DURATION PROJEC T PERIOD (Dates) BUDGET PERIOD (llal.xl Spptpmhpr 1977 - February 1980 September 1977 - February 1980 I 9. DOLLAR AMOUNTS TOTAL PROJECT COSTS $3,644,000.00 LLA GRANT AMOUNT (It Kh.d Amt. VIIr 11 --JOED FIRIOP YR. BAL. (EPA Ir-14 TOTAL ELIGIBLE COSTS (WV?) N/A THIS ACTION (ThM WillB.tl.n am.un11 -- TOTAL BUDGET PERIOD COSTS 00 10. ACCOUNTING DATA APPROPRIATION DOC CONTROL NO. ACCOUNT 110. OBJ CLASS AMOUNT CHARGED 68X0103.8 E00051 7704065005 61. 41. N/A $2,733,000.00 11. PAYMENT METHOD 12. PAYEE (Name and mAllln0 add,..... Il.cl.d. ZIP Cale) �ADVANCE9l�:Ol REIMBURSEMENT City of Corpus Christi award! — 'OTN P.O. Box 9277 _ ER Ned K. Burleson Corpus Christi, Texas 78408 SEND @Ar aJore55 shown 6d above EPA F.rm 5700 -20A (Re.. 8 -76) REPLACES EPA FORM 5700-2 (REV. 4751 WHICH IS OBSOLETE AND EPA FORM $700.21. IDENTIFICATION NO. / ID- 111 -11 PART II- APPROVED BUDGET TABLG A- OBJECT CLASS CATEGORY (Romrunafrucrlon) TOTAL APPROVED ALLOWABLE BUDGET PERIOD COST 1. PERSONNEL 2. FRINGE OENEFITB 3. TRAVEL e. EQUIPMENT - S. SUPPLIES 6-CONTRACTUAL T. CONSTRUCTION B. OTNER S. TOTAL DIRECT CHARGES 10. INDIRECT COSTS, RATE BABE 11• TOTAL (sh— Grantee 7. Fede 1 _ 12. TOTAL APPROVED GRANT AMOUNT $ TABLE B- PROGRAM ELEMENT CLASSIFICATION .'Ron- natn,rtlan) 4. S. S. T. 8 e. 10. TOTAL (Shore: 6r.ntee % Feeeml _ y,� 11. TOTAL APPROVED GRANT AMOUNT $ TABLE C - PROGRAM ELEMENT CLASSIFICATION (Cenehneflon) - .. 1. ADMINISTRATION EXPENSE -gri,nnn 2. PRELIMINARY EXPENSE - - 3. LAND STRUCTURES,. RIGHT -OF -WAY A. ARCHITECTURAL ENGINEERING BASIC FEES 8. OTHER ARCHITECTURAL ENGINEERING FEES t-un Ser. cps S. PROJECT INSPECTION FEES T. LAND DEVELOPMENT 8. RELOCATION EXPENSES S. RELOCATION PAYMENTS TO INDIVIDUALS AND BUSINESSES 10. DEMOLITION AND REMOVAL I1. CONSTRUCTION AND PROJECT IMPROVEMENT 12. EQUIPMENT 13. MISCELLANEOUS Mate - s Testin IA. TOTAL ILI— 2 then J3) 18. ESTIMATED INCOME (ll aPpfl[ebi) - 18. NET PROJECT AMOUNT (Line JQ mf— 15) - IT. LESS, INELIGIBLE EXCLUSION. 18. ADO, CONTINGENCIES 174,000.00 I8. TOTAL (share, Gre,Gee 25 7. Federal 75 .,� - $3,644,000.00 2o. TOTAL APPROVED GRANT AMOUNT $ $2,733,000.00 trA I-wm 51UU -20A (Rev. B -76( PAGE 2 OFc • 4 -48121 -03 -0 PART III . GRANT CONDITIONS a. General Conditions The grantee Covenants and agrees that it will expeditiously initiate and timely complete the project work for which assistance has been awarded under this in grant, accordance with all applicable provisions of 40 CFR Chapter I, Subpart B. The grantee warrants, represents, and agrees that it, and its contractors, subcontractors, employees and representatives, will comply with: (1) all applicable provisions of 40 CFR Chapter 1, Subchapter B. INCLUDING BUT NOT LIMITED TO the provisions of Appendix A to 40 CFR Part 30, and (2) any special conditions set forth in this grant agreement or any grant amendment pnrcttant to 40 CFR 30.425. b. SpeeW Conditions: 1. Payment Schedule The grantee may request payment for the Federal share incurred in accordance with the following schedule: of allowable costs Payment No. Date Amount Cumulative Amount (Not to be Exceeded) 1 03 -15 -78 $113,875.00 $ 113,875.00 2 04 -15 -78 $113,875.00 $ 227,750.00 3 05 -15 -78 $113,875.00 $ 341,625.00 4 06 -15 -78 $113,875.00 $ 455,500.00 5 07 -15 -78 $113,875.00 $ 569,375.00 6 08 -15 -78 $113,875.00 $ 683,250.00 7 09 -15 -78 $113,875.00 $ 797,125.00 8 10 -15 -78 $113,875.00 $ 911,000.00 9 11 -15 -78 $113,875.00 $1,024,875.00 10 12 -15 -78 $113,875.00 $1,138,750.00 11 01 -15 -79 $113,875.00 $1,252,625.00 12 02 -15 -79 $113,875.00 $1,366,500.00 13 03 -15 -79 $113,875.00 $1,480,375.00 14 04 -15 -79 $113,875.00 $1,594,250.00 15 05 -15 -79 $113,875.00 $1,708,175.00 16 06 -15 -79 $113,875.00 $1,822,000.00 17 07 -15 -79 $113,875.00 $1,935,875.00 18 08 -15 -79 $113,875.00 $2,049,750.00 EPA Farm 3700 -20A IR— 6 -761 PAGE 3 015 4 I GRANT IDENTIFICATION NO. _ C- 481216 -03 -0 b. SPECIAL CONDITIONS (COntlnueE) 19 09 -15 -79 $113,875.00 $2,163,625.00 20 10 -15 -79 $113,875.00 $2,227,500.00 21 11 -15 -79 $113,875.00 $2,391,375.00 22 12 -15 -79 $113,875.00 $2,505,250.00 23 01 -15 -80 $113,875.00 $2,619,125.00 24 02 -15 -80 $113,875.00 $2,733,000.00 2. Grantee agrees to submit to the Environmental Protection Agency an approv- able Industrial Cost Recovery System in accordance with 40 CFR 35.925 -12, 35.928, 35.928 -1 -2, and 35.935 -13, which will become effective at the time the first industrial user introduces industrial waste into the grant- assisted facilities. 3. The grantee agrees to make a gMMpL payment to its contractor after ecei t of Federal sums due under this qrant and to retain onlv such amounts PART IV NOTE: The Grant Agreement must be completed in duplicate and the Original returned to the Grants Administration Division for Readqunders grant awards and to the appropriate Grants Administration Office for stale and local awards within 3 calendar 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, may result in the automatic withdrawal of the grant offer by the Agency. Any change to the Grant Agreement by the grantee sub- sequent to the document being signed by the EPA Grant Award Official which the Grant Award Official determines to materially alter the Grant Agreement 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 /amendment to the City of Corpus Christ>ior 75 % of all approved vests incurred up to and not _ GRANTEE ORGANIZATION exceeding $ 2,R 000.00 for the support of approved budget period effort described in application (including all NIOUNT GANT appl ;rrn;uN modi /kYq;r.asJ- ._ City of Corpus Christi C- 481216 -03 -0 811011c7luded herein by reference. TITLE AND DATE ISSUING OFFICE (Ormrtw A11minf,tr Ion Orrice) AWARD APPROVAL OFFICE ORGANIZATION /ADDRESS Environmental Protection Agency, Region VI ORGANIZATION / ADDRESS -- Environmental Protection Agency, Region VI First International Building First International Building 1201 Elm Street 1201 Elm Street Dallas. Texas 75270 Dallas, Texas 75270 NE ITED 5 ATES OF JMfRICA 6Y THE U.S. ENVIRONMENTAL PROTECTION AGENCY SIGN E OF ARAB F IAL - T 4Nb TITLE d e arrison, Regional Administrator A9 -30 -77 Is Gran?..Zorizcd eeinenl is jest to appli c U.$. Environmental Protection Agency statutory provisions and grant regula- tions. In ting this ward or amend nt and any payments made pursuant thereto, (1) the undersigned represents that he is duly to act on behalf of the grantee organization, and (2) the grantee agrees (a) that the grant is subject to the applicable provisions of 40 CFR Chapter 1. Subchapter B and of the provisions of this agreement (Parts I thru 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 91 GNATURE TYPED NAME AND TITLE R. Marvin Townsend, City Manager DATE PAGE 4 OF 5 US. ENVIRONMENTAL PROTECTION AGENCY GRANT NO. GRANT AGREEMENT AMENDMENT CONTINUATION SHEET C- 481216 -03 -0 as may be justified by specific circumstances and provisions of this grant or the construction contract. a. Retained amounts shall be limited, except where greater retention is necessary under specific circumstances specifically provided for in the construction contract, to the following schedule: (1) Retention of up to ten percent of payments claimed until construction is 50 percent complete; (2) After construction is 50 percent complete, reduction of the total retainage to five percent of payments claimed, provided that the contractor is making satisfactory progress and there is no specific cause for greater withholding; (3) When the project is substantially complete (operational or beneficial occupancy), the retained amount shall be further reduced below five percent to only that.amount necessary to assure completion of the contract work; (4) A cash bond or irrevocable letter of credit may be accepted in lieu of all or part of the cash retainage under (2) or (3) above. b. The grantee agrees to report to the Project Officer and promptly credit to the Federal share due under this grant the full amount of any in- terest earned, or, if no such interest is earned, an imputed amount of interest at the prevailing rate, upon Federal sums paid to the grantee, if payment to the contractor is unjustifiably delayed by the grantee, its employees or representatives. - c. The-grantee agrees to include appropriate provision in each Step 3 construction contract to implement this prompt payment requirement. 4. The grant award is for 75 percent of a segment of a total project. In accepting this award, the grantee a tees to complete the construction of the operable treatment works (35.905 -15q} and complete waste treatment system of which the project is a part (35.930 -4) and, the grantee further understands and agrees that the Federal Government is not committed to participate in the funding of the remaining part or parts of the operable portion of the system or of the complete system (35.935 -1). 5. The grantee agrees to prepare and submit a Preliminary Plan of Operation to the Environmental Protection Agency'(EPA) by 25 percent completion of con- struction; and that not more than 25 percent grant payment will be made until the Preliminary Plan of Operation has been received. 6. The grantee agrees that the engineering contract will be renegotiated to provide a maximum basic fee amount of $50,000.00. Page 5 of 5 • Z Christi, Texas ay of Vd4' , 197 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing 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; I, therefore, request that you suspend said Charter rule or requirement and pass this ordinance 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 Eduardo de Ases David Diaz Ruth Gill Bob Gulley Gabe Lozano, Sr. Edward L. Sample The above ordinance was passed by the following vote: Jason Luby Eduardo de Ases David Diaz Ruth Gill Bob Gulley Gabe Lozano, Sr. _ Edward L. Sample 13996 i 1 U.S. ENVIRONMENTAL PROTECTION AGENCY GRANT IDENTIFICATION NO. GRANT AGREEMENT /AMENDMENT C-481217-03-0 CHECK APPLICABLE ITEMS) JDATE OF AWARD (06119at1orl date) 1 9 -30 -77 X GRANT AGREEMENT GRANT AMENDMENT TYPE OF ACTION Continuation SUBSEQUENT RELATED PROJECT (II11T) PART I- GENERAL WFORMATION 1. GRANT PROGRAM Wastewater Z STATUTE REFERENCE 3, REGULATION REFERENCE 4. GRANTEE ORGANIZATION _ 0. NAME City of Corpus Christi C ADDRESS P.O. Box 9277 Corpus Christi, Texas 78408 l,. EMPLOYER I.D. NO. (EIN) S. PROJECT MANAGER (OraRtee Coacher) B. NAME (L ADDRESS City of Corpus Christi P.O. Box 9277 TITLE City a er Corpus Christi, Texas 78408 C. TELEPHONE NO. ()RC1,de A.aa Cede) M19) ARA-inil B. PROJECT OFFICER (EPA Cnntaet) B. NAME d. ADDRESS Harn1d n- Environmental Protection Agency, Region VI Water Division e. TITLE First International Building 1201 Elm Street C TELEPHONE NO. (Inelude Area Code) 7AQ-1461 Dallas, Texas 75270 7. PROJECT TITLE AND DESCRIPTION Step 3 - Project for building and erecting a treatment works. Improvements and additions to the Westside wastewater treatment plant. PROJECT STEP (WWP) 3 B. DURATION PROJECT PERIOD (Dates) I BUDGET PERIOD (DIIII•e) September 1977 - August 1979 ISep tember 1977 - August 1979 S• DOLLAR AMOUNTS /1/1 0 $870,000.0 Amf. $i—R� 52,50O.00 TOTAL PROJECT COSTS EPA GRANT AMOUNT (1n -Klnd TOTAL ELIGIBLE COSTS $870,000.00 U- 1- :I4DED PRIOR YR. SAL. (EPA r ad.) (WWI') TOTAL BUDGET PERIOD COSTS N/A THIS ACTION (TIJ .r.Daotlea —r) $652,500.00 10. ACCOUNTING DATA APPROPRIATION DOC CONTROL NO. ACCOUNT NO. OBJ CLASS AMOUNT CHARGED °I $652,500.00 68X0103.8 E00053 7704065005 4I' . 11 A1. 11. PAYMENT METHOD 12. PAYEE (Nome ead mo111n0 add-.- fncludo ZIP Cad a) 71 ADVANCES I -%al award) REIMBURSEMENT J77OTHER City of Corpus Christi P.O. Box 9277 p/� �( Wed K. Burleson Corpus Christi, Texas 78408 SEN PAYMENT REQUEST TO @ I�ddress Shown 6d ove EPA Form 5700 -20A (Rev. 8-74) REPLACES EPA FORM 5700.201REV. 4.751 WHICH IS PAGE 1 OF OBSOLETE AND EPA FORM 5700.21. C- 481217 -03 -0 PART II— APPROVED BUDGET TABLE A- OBJECT CLASS CATEGORY (Non- wnxtrua rlorQ TOTAL APPROVED ALLOWABLE BUDGET PERIOD COST I. FER90—EL 2, FRINGE BENEFITS 3. TRAVEL 4. EQUIPMENT S. SUPPLIES 9.CONTRACTUAL 7- CONSTRUCTION e -OTHER B. TOTAL DIRECT CHARGES 10. INDIRECT COSTS, RATE : BASE 11. TOTAL (Share: Grantee ,. Federal 1z. TOTAL APPROVED GRANT AMOUNT $ TABLE B - PROGRAM ELEMENT CLASSIFICATION ,Norl- onernretlwl) z. 3. 4. e. 7. e. 1G. TOTAL (snare: Grantee 7r Federal 11, TOTAL APPROVED GRANT AMOUNT $ TABLE C - PROGRAM ELEMENT CLASSIFICATION ' (Conereuetlon) - - - 1. ADMINISTRATION EXPENSE 7,500.00 2. PRELIMINARY EXPENSE 3. LAND STRUCTURES, RIGHT -OF -WAY 4. ARCHITECTURAL ENGINEERING BASIC FEES 0. OTHER ARCHITECTURAL ENGINEERING FEES 0 & M 14anual , 8, FEESan Construction Tn , yPyRyOyJEyC�yT,yIyN�S/yPAErCy�T1I0OLN 7.YXXXM,RANMTIVFAYY Start-Up Services , B. RELOCATION EXPENSES B. RELOCATION PAYMENTS TO INDIVIDUALS AND BUSINESSES 10. DEMOLITION AND REMOVAL 11. CONSTRUCTION AND PROJECT IMPROVEMENT -77Z 000.0 12. EQUIPMENT - Ia.MISCELLANEOUS Laboratory Testing 2,000.00 14. TOTAL IL)nea ! tht 13) 82 ,000.00 10. ESTIMATED INCOME (l( applicable) 18. NET PROJECT AMOUNT (L /ne 14 minua 15) 17. LE88t INELIGIBLE EXCLUSIONS 18. ADD, CONTINGENCIES 42,000.00 IS. TOTAL (Share: G-waa 25 q Federal 75 . �) 870,000.00 zo. TOTAL APPROVED GRANT AMOUNT $ 652,500.00 PAGE 2 OF EPA Form 5709�70A (Rev. 9_76) C-481217-03-0. rity nf Cnrpug Christi PART III - GRANT CONDITIONS a. General Conditions; The grantee covenants and agrees that it will expeditiously initiate and timely complete the project work for which assistance has been awarded under this grant, in accordance with all applicable provisions of 40 CFR Chapter I, Subpart B. The grantee warrants, represents. and agrees that it, and its contractors, subcontractors, employees and representatives, will comply with: (1) all applicable provisions of 40 CFR Chapter I, Subchapter B, INCLUDING BUT NOT LIMITED TO the provisions of Appendix A to 40 CFR Part 30, and (2) any special conditions set forth in this grant agreement or any grant amendment pursuant to 40 CFR 30A25. b. Special Conditions: I. Payment Schedule The grantee may request payment for the Federal share of allowable costs incurred in accordance with the following schedule: Cumulative Amount Payment No. Date Amount (Not to be Exceeded 1 03/15/78 $36,250.00 $ 36,250.00 2 04/15/78 $36,250.00 $ 72,500.00 3 05/15/78 $36,250.00 $108,750.00 4 06/15/78 $36,250.00 $145,000.00 5 07/15/78 $36,250.00 $181,250.00 6 08/15/78 $36,250.00 $217,500.00 7 09/15/78 $36,250.00 $253,750.00 8 10/15/78 $36,250.00 $290,000.00 9 11/15/78 $36,250.00 $326,250.00 10 12/15/78 $36,250.00 $362,500.00 11 01/15/79 $36,250.00 $398,750.00 12 02/15/79 $36,250.00 $435,000.00 13 03/15/79 $36,250.00 $471.,250.00 14 04/15/79 $36,250.00 $507,500. -00 15 05/15/79 $36,250.00 $543,750.00 16 06/15/79 $36,250.00 $580,000.00 17 07/15/79 $36,250.00 $616,250.00 18 08/15/79 $36,250.00 $652,500.00 EPA, F— 5700 -20A rR,.. 8 -761 PAGE 3 OF GRANT IDENTIFICATION NO. r- 481717_01_0 t1 SPECIAL CONDITIONS (Continued) 2. Grantee agrees to submit to the Environmental Protection Agency an approvable Industrial Cost Recovery System in accordance with 40 CFR 35.925 -12, 35.928, 35.928 -1 -2, and 35.935 -13, which will become effective at the time the first industrial user introduces industrial waste into the grant- assisted facilities. 3. The grant award is for 75 percent of a segment of a total project. In accepting this award, the grantee agrees to complete the construction of the operable treatment works (35.905 -15) and complete waste treatment system of which the project is a part (35.930 -4) and, the grantee further understands and agrees that the Federal Government is not committed to participate in the funding of the remaining part or parts of the operable portion of the system or of the complete system (35.935 -1). 4. The grantee agrees to prepare and submit a Preliminary Plan of Operation to the Environmental Protection Agency (EPA) by 25 percent completion of con- struction; and that not more than 25 percent grant payment will be made until the Preliminary Plan of Operation has been received. 5. The grantee agrees that the engineering contract will be renegotiated to provide a maximum basic fee amount of $12.000.00. PART IV NOTE: The Grant Agreement must be completed in duplicate and the Original returned to the Grants Administration Division for Headqurlrters grant awards and to the appropriate Grants Administration Office for state and local awards within 3 calendar 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, may result In the automatic withdrawal of the grant offer by the Agency. Any change to the Grant Agreement by the grantee sub- sequent to the document being signed by the EPA Grant Award Official which the Grant Award Official determines to materially alter the Grant Agreement 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 /amendment to the City of Corpus Christi for 75 % of all approved casts incurred up to and not GRANTEE ORGAN12 ATION - exceeding $ 652.500.00 for the support of approved budget period effort described in application (including all GRANT AMOUNT City of Corpus Christi uppliratiou rnodilirarions) C- 481217 -03 -0. August 10, 1977 included herein by reference. TITLE AND GATE ISSUING OFFICE (Grant, AIIn,1,1,1 ,I— Dili-) AWARD APPROVAL OFFICE ORGAN12 ATION /ADDRESS Environmental Protection Agency, Region VI ORGANIZATION /ADDRESS Environmental Protection Agency, Region VI First International Building First International Building 1201 Elm Street 1201 Elm Street Dallas, Texas 75270 Dallas, Texas 75270 TN NITED STATES F PEIRICA 9Y THE U.S. ENVIRONMENTAL PROTECTION AGENCY SIG E OF AWA O CIAL AND TITLE D T 1 arrison, Regional Administrator 10 -7 -77 s Grant reelnent ' subject to applic le U.S. Environmental Protection Agency statutory provisions and grant regula- tions. in aifepting thff award or airriendnprit and any payments made pursuant thereto, (1) the undersigned represents that he is duly authorized to act on behalf of tire gran lee organization, and (2) the grantee agrees (a) that the grant Is subject to the applicable provisions of 40 CFR Chapter 1. Subchapter Band of the provisions of this agreement (Parts I thru 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 SIGNATURE TYPED NAME AND TITLE Marvin Townsend, City Manager GATE �..J EPA Fmm 5700 -20A (Rev. 8-761 PAGE 4 OF U.S. ENVIRONMENTAL PROTECTION AGENCY GRANT IDENTIFICATION NO. GRANT AGREEMENVAMENDMENT C- 481216 -03 -0 CHECK APPLICABLE ITEM(S) DATE OF AWARD Obligation date) September 30, 1977 X GRANT AOREEMENT GRANT 4MENDMENT TYPE OF ACTION Continuation SU BSEOU ENT RELATED PROJECT (W T) PART [-GENERAL INFORMATION 1. GRANT PROGRAM Wastewater 2.5TATUTE REFERENCE 3. REGULATION REFERENCE S 4. GRANTEC ORGANIZATION _ B. NAME City of Corpus Christi G ADORE,. P.O. Box 9277 Corpus Christi, Texas 78408 b. EMPLOYER I.D. NO. (FIN) 5. - PROJECT MANAGER (G,atuae Cont.eIJ B. NAME d. ADDRESS loyAMSPnd City of Corpus Christi P.O. Box 9277 ' ` City Manager Corpus Christi, Texas 78408 C. TELEPHONE N; Area Code) 512 88 -3011 S. PROJECT OFFICER (FPA Cooler) fL NAME d. ADDRESS Harold D. Smith P.E. Environmental Protection Agency, Region VI Water Division (a TITLE Area Engineer 1201 1 Elm Street, 27th Floor Dal ■ las, Texas 75270 C. TELEPHONE NO. (InrJllde Ate. Cade) 214 749 -1461 _ 7. PROJECT TITLE AND DESCRIPTION Step 3 - Project for building and erecting a treatment works which includes the enlargement and renovation of the Broadway Wastewater Treatment Plant. PROJECT STEP (Wwr) Se ent 1 B• DURATION PROJECT PERIOD (Dates) BUDGET PERIOD (Dm.•v) September 1977 - F 9 I September 1977 - February 1980 S. DOLLAR AMOUNTS TOTAL PROJECT COSTS $3,644,000.00 EPA GRANT AMOUNT- ()tr•Khtd Amt. Utlr rI, I.NOED PRIOR YR. SAL. (EPA Flld.) TOTAL ELIGIBLE COSTS (NNT) N/ TOTAL BUDGET PERIOD COSTS NIA THIS ACTION (r)d. IGH41lton unman!) - 0 ID. ACCOUNTING DATA APPROPRIATION DOC CONTROL NO. ACCOUNT NO. OBJ CLASS AMOUNT CHARGED 68X0103.8 E00051 7704065005 AI. 41 N/A 141. $2,733,000.00 11. PAYMENT METHOD 12. PAYEE (Nome and ..!ling adds,.. Include ZIP Code) 1 X City of Corpus Christi ADVANCES REIMBURSEMENT P.O. Box 9277 70THE LOTH ER Ned K. Burleson Corpus Christi, Texas 78408 SEND E REOIJES TO @ address shown 6d above EPA FP.m 5700_20A (Rev. 8 -76) REPLACES EPA FORM 5700.201REV. 4751 WHICH IS PAGE OYD OBSOLETE AND EPA FORM 5700 -21. PART 11– APPROVED BUDGET - TABLG A- OBJECT CLASS CATEGORY (Non-cunefrucrlon) TOTAL APPROVED ALLOWABLE BUDGET PERIOD COST 1_PER90NN EL 2. FRINGE BENEFITS 3. TRAVEL 4. EQUIPMENT S. SUPPLIES e- CONTRACTUAL 7. CONSTRUCTION $.OTHER S. TOTAL DIRECT CHARGES 10. INDIRECT COST.: RATE : BASE 'I. TOTAL (Shan: Grantee y. Pedant _ ., %) I2. TOTAL APPROVED GRANT AMOUNT $ TABLE D - PROGRAM ELEMENT CLASSIFICATION 1Non- COna1nITllon) 1. 3. 4. 6. 0. 7. B. lo. TOTAL (share- Gm,P ,. Federol 11. TOTAL APPROVED GRANT AMOUNT $ TABLE C - PROGRAM ELEMENT CLASSIFICATION (Conerruerlarl) 1. ADMINISTRATION EXPENSE 2. PRELIMINARY EXPENSE 3. LAND STRUGTUREy, RIGHT -OF -WAY 4. ARCHITECTURAL ENGINEERING BASIC FEES S. OTHER ARCHITECTURAL ENGINEERING FEES start–up Se ces S. PROJECT INSPECTION FEES 7. LAND DEVELOPMENT S. RELOCATION EXPENSE. S. RELOCATION PAYMENT. TO INDIVIDUALS AND BUSINESSES 10. DEMOLITION AND REMOVAL 11. CONSTRUCTION AND PROJECT IMPROVEMENT 12. EQUIPMENT 13. MISCELLANEOUS Materials Testing 14. TOTAL ILI— 1 fiau 13) IS. ESTIMATED INCOME (11 a JjcaEie) IS. NET PROJECT AMOUNT (Gina 14.1— 13) 17. LESS, INELIGIBLE EXCLUSIONS 16. ADD: CONTINGENCIES 00 IS. TOTAL (share; Grantee 25 % Federal 75 .,.) . $3,644,000.00 2o. TOTAL APPROVED GRANT AMOUNT $ $2,733,000.00 EPA Fe 5700 -20A 111— 8 -76) PAGE 2 OF5 • —•••, rHliG a urJ C-481216-03-0 PART 111 - GRANT CONDITIONS a. General Conditiom: The grantee covenants and agrees that it will expeditiously initiate and timely complete the project work forwhich assistance has been awarded under this grant, in accordance with all applicable provisions of 40 CFR Chapter 1, Subpart B. The grantee warrants, represents, and agrees that It, and its contractors, subcontractors, employees and representatives, will comply with: (1) all applicable provisions of 40 CFR Chapter I, Subchapter B, INCLUDING BUT NOT LIMITED TO the provisions of Appendix A to 40 CFR Part 30, and (2) any special conditions set forth in this grant agreement or any grant amendment pursuant to 40 CFR 30.425. b. Special Conditions: 1. Payment Schedule The grantee may request payment for the Federal share of allowable costs incurred in accordance with the following schedule: Cumulative Amount Payment No. Date Amount (Not to be Ekceeded) 1 03 -15 -78 $113,875.00 $ 113,875.00 2 04 -15 -78 $113,875.00 $ 227,750.00 3 05 -15 -78 $113,875.00 $ 341,625.00 4 06 -15 -78 $113,875.00 $ 455,500.00 5 07 -15 -78 $113,875.00 $ 569,375.00 6 08 -15 -78 $113,875.00 $ 683,250.00 7 09 -15 -78 $113,875.00 $ 797,125.00 8 10 -15 -78 $113,875.00 $ 911,000.00 9 11 -15 -78 $113,875.00 $1,024,875.00 10 12 -15 -78 $113,875.00 $1,138,750.00 11 01 -15 -79 $113,875.00 $1,252,625.00 12 02 -15 -79 $113,875.00 $19366,500.00 13 03 -15 -79 $113,875.00 $1,480,375.00 14 04 -15 -79 $113,875.00 $1,594,250.00 15 05 -15 -79 $113,875.00 $1,708,175.00 16 06 -15 -79 $113,875.00 $1,822,000.00 17 07 -15 -79 $113,875.00 $1,935,875.00 18 08 -15 -79 $113,875.00 $2,049,750.00 • —•••, rHliG a urJ ' . I GRANT IDENTIFICATION NO C-481216-03-0 b. SPECIAL CONDITIONS (Continued) 19 09 -15 -79 $113,875.00 $2,163,625.00 20 10 -15 -79 $113,875.00 $2,227,5Q0.00 21 11 -15 -79 $113,875.00 $2,391,375.00 22 12 -15 -79 $113,875.00 $2,505,250.00 23 01 -15 -80 $113,875.00 $2,619,125.00 24 02 -15 -80 $113,875.00 $2,733,000.00 2. Grantee agrees to submit to the Environmental Protection Agency an approv- able Industrial Cost Recovery System in accordance with 40 CFR 35.925 -12, 35.928, 35.928 -1 -2, and 35.935 -13, which will become effective at the time the first industrial user introduces industrial waste into the, grant- assisted facilities. 3. The grantee agrees to make a rp Ompt P to its contractor after receipt o Federal sums due under this rant and to retain only such amounts PART IV NOTE: The Grant Agreement must be completed in duplicate and the Original returned to the Grants Administration Division for Headquarters grant awards and to the appropriate Grants Administration Office for state and local awards within 3 calendar 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, may result in the automatic withdrawal of the grant offer by the Agency. Any change to the Grant Agreement by the grantee sub- sequent to the document being signed by the EPA Grant Award Official which the Grant Award Official determines to materially alter the Grant Agreement 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 /amendment to the City of Corpus Chri stlor 75 % of all approved costs incurred up to and not GRANTEE ORGANIZATION exceeding $ 2,733,000.00 for the support of approved budget period effort described in application (including all GRANT AMOUNT application rnudi/irramns) City of Corpus Christi C- 481216 -03 -0 8 /101a .ADaed herein by reference. TITLE AND DATE ISSUING OFFICE (G—t, /k6nAllAtrotI— Orl)e) AWARD APPROVAL OFFICE ORGANIZATION /ADDRESS Environmental Protection Agency, Region VI OROA112ATIOIIADDRESS Environmental Protection Agency, Region VI First International Building First International Building 1201 Elm Street 1201 Elm Street Dallas. Texas 75270 Dallas, Texas 75270 HE ITED STATESOF IMERICA BY THE U.S. ENVIRONMENTAL PROTECTION AGENCY 91 GN E OF AWAR F IAL T AND TITLE d e arrison, Re ional Administrator OAT 9- 30.77 Is Granle e4nenl is ject to appli • e U.S. Environmental Protection Agency statutory provisions and grant regula- tions, I. ting this and Or amend nt and any payments made pursuant thereto, (1) the undersigned represents that he is duly orized to act on behalf of the grantee organization, and (2) the grantee agrees (a) that the grant is subject to the applicable provisions of 40 CFR Chapter 1. Subchapter Band of the provisions of this agreement (Parts 1 thru IV), and (b) that acceptance of any paymanis 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 SIGNATURE TYPED NAME AND TITLE R. Marvin Townsend, City Manager DATE EPA Fm 5700 -20A (R... 6 -76) PAGE 4 OF 5 U.S. ENVIRONMENTAL PROTECTION AGENCY GRANT NO. GRANT AGREEMENT AMENDMENT CONTINUATION SHEET c- 481216 -03 -0 as may be justified by specific circumstances and provisions of this grant or the construction contract. a. Retained amounts shall be limited, except where greater retention is necessary under specific circumstances specifically provided for in the construction contract, to the following schedule: (1) Retention of up to ten percent of payments claimed until construction is 50 percent complete; (2) After construction is 50 percent complete, reduction of the total retainage to five percent of payments claimed,- provided that the contractor is making satisfactory progress and there is no specific cause for greater withholding; (3) When the project is substantially complete (operational or beneficial occupancy), the retained amount shall be further reduced below five percent to only that amount necessary to assure completion of the contract work; (4) A cash bond or irrevocable letter of credit may be accepted in lieu of all or part of the cash retainage under (2) or (3) above. b. The grantee agrees to report to the Project Officer and promptly credit to the Federal share due under this grant the full amount of any in- terest earned, or, if no such interest is earned, an imputed amount of interest at the prevailing rate, upon Federal sums paid to the grantee, if payment to the contractor is unjustifiably delayed by the grantee, its employees or representatives. c. The grantee agrees to include appropriate provision in each Step 3 construction contract to implement this prompt payment requirement. 4. The grant award is for 75 percent of a segment of a total project. In accepting this award, the grantee agrees to complete the construction of the operable treatment works (35.905 -15) and complete waste treatment system of which the project is a part (35.930 -4) and, the grantee further understands and agrees that the Federal Government is not committed to participate in the funding of the remaining part parts of the operable portion of the system or of the complete system (35.935 -1). 5. The grantee agrees to prepare and submit a Preliminary Plan of Operation to the Environmental Protection Agency'(EPA) by 25 percent completion of con- struction; and that not more than 25 percent grant payment will be made until the Preliminary Plan of Operation has been received. 6. The grantee agrees that the engineering contract will be renegotiated to provide a maximum basic fee amount of $50,000.00. Page 5 of 5