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Home My WebLink About14396 ORD - 07/26/1978JKH:hb:7 /25/78 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A STEP 3 GRANT AGREEMENT WITH THE ENVIRONMENTAL PROTECTION AGENCY, AND ALL SUBSEQUENT AMENDMENTS THERETO, IN THE AMOUNT OF $715,650 FOR IMPROVEMENTS TO THE PHASE 2 OF THE BROAD - WAY' WASTEWATER TREATMENT SYSTEM (CORPUS CHRISTI BEACH SEWERS), A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND 14ADE A PART HEREOF, MARKED EXHIBIT "A "; PROJECT NO. 250 -72 -8; 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 Step 3 Grant Agreement with the Environmental Protection Agency and all subsequent amendments thereto, in the amount of $715,650 for improve- ments to the Phase 2 of the Broadway Wastewater Treatment System (Corpus Christi Beach Sewers), a substantial copy of which is attached hereto and made a part hereof, marked Exhibit "A ", applicable to Project No. 250 -72 -8. SECTION 2. That the necessity to execute the aforesaid grant agreement with the Environmental Protection Agency and all subsequent amend- ments thereto in order that the above described sewer improvements may be commenced at the earliest practicable date creates a public emergency and an imperative public necssity 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 e�.[.day of July, 1978. ATTEST: fi4ty Secretary MAYOR THE/CITY RPUS CHRISTI, TEXAS APPROVED:')'- DAY OF JULY, 1978: J. BRUOCK, CITY ATTORNEY By - 00FILMED Assistant C' Attorney r� rlU� 0 81980 14396 Yts�. -. �`K"F3. -ar *a" «��A .,��l;'xA'.%a °°`. �i .rol�Z : >S.%N.�'J:�is"L'• - - ,. _ .. - - _. *hA: U.S. ENVIRONMENTAL PROTECTION AGENCY GRANT IDENTIFICATION NO. GRANT AGREEMENT /AMENDMENT CHECK APPLICABLE ITEM(S) ATE OF AWARD (0689.11.. dare) June 29, 1978 - GRANT AGREEMENT GRANT AMENDMENT TYPE OF ACTION Continuation SUBSEQUENT RELATED PROJECT (IRIT) - PART I- GENERAL INFORMATION 1. GRANT PROGRAM Const. Grants 2. STATUTE REFERENCE 3.REGULATION REFERENCE 4. GRANTEE ORGANIZATION a. NAME C. ADDRESS City of Corpus Christi P.O. Box 9277 Corpus Christi, Texas 78408 . b. EMPLOYER I.D. NO. (EIN) 5. PROJECT MANAGER (Grmnoe Cunl.m!) B. NAME d. ADDRESS R. Marvin Townsend City of Corpus Christi P.O. Box 9277 . TITLE City Manager Corpus Christi, Texas 78408 C. TELEPHONE NO. (1n Cfude Atno Cude) (512) 884 -3011 ext. 237 6. PROJECT OFFICER (EPA Cenrncf) 8. NAME IL ADURFSS Harold D. Smith, P.E. Environmental Protection Agency, Region 6 Municipal Facilities Branch, 6AWM b. TITLE Area Engineer -- First International Building 1201 Elm Street TELEPHONI NO. (1Prfud,- Arc- Ueda, z 2141 767 -2692 Dallas, Texas 75270 7. PROJECT TITLE AND DESCRII'TION Step 3 - Project for building and erecting a treatment works. PROJECT STEP (B91T) _ 3 e. OURATIhN PROJEC! PERIOD (Dote +) UOET PCNIOD (f )rrr,r) April 1978 to July 1979 _ Aril 1978_ to July 1979 S. DOLLAR AMOUNTS TOTAL PROJECT COSTS $954,200. 00 EI-A {'RANT AMOUrI!(111- KlndAnrl,_ $715660.00 U 11r•I•� NOEO 1 1IIOF YR. B41. (hl-A 7)Nnd,) TOTAL ELIGIBLE COSTS(II71T) $954,200.00 THIS ACTION (77.1—bllpel(un omeunl) TOTAL BUDGET PERIOD COSTS $715,650.00 10. ACCOUNTING DATA APPROPRIATION DOC CONTROL NO _ ACCOUIIT 110. OBJ CLASS AMOUNT CHARGED 68XO103.A E00003 8779065005 +1 11 $715,650.00 11. PAYMENT METHOD 12. PAYEE (Nemo end mnllin(; nddr —. Inelud, ZIP Cude) City of Corpus Christi ADVANCES _- .O(—dl REIMBURSI:IAENT — X' P.O. Box 9277 _OTHER SEND PAYMENT REQUEST TO Address TtPm shown in 6d above Corpus Christi, Texas 78408 EPA Form 5700 -20A (R— 9 -76) REPLACES EPA FORM 5700.201REV. 4 -7S1 WHICH IS PAGE 1 OF5 OBSOLETE AND EPA FORM 5700.21, • 1 • c_aai�iti_na_n PART II- APPROVED BUDGET TABLE A - OBJECT CLASS CATEGORY ' (Non- consfrucflon) TOTAL APPROVED ALLOWABLE BUDGET PERIOD COST 1. PERSONNEL 2. FRINGE BENEFITS 3.TRAVEL 4. EQUIPMENT 5. SUPPLIES - 6 CONTRACTUAL 7. CONSTRUCTION B. OTHER 9. TOTAL DIRECT CHARGES 10. INDIRECT COSTS: RATE % BASE 11. TOTAL (Share: Grantee % Federal 7.) 12 TOTAL APPROVED GRANT AMOUNT $ TABLE B - PROGRAM ELEMENT CLASSIFICATION ' (Non- nstn.ctI -) 2. 3. 4. 3. 6. 7. 6. 9. 1o. TOTAL (Share: Grantee 7. Federal I I. TOTAL APPROVED GRANT AMOUNT $ _ TABLE C - PROGRAM ELEMENT CLASSIFICATION (Constmctlon) .. - 1. ADMINISTRATION EXPENSE 2. PRELIMINARY EXPENSE 3. LAND STRUCTURES. RIGHT -OF -WAY 4. ARCHITECTURAL ENGINEERING BASIC FEES S. OTHER ARCHITECTURAL ENGINEERING FEES 6. PROJECT INSPECTION FEES 7. MMKOWNIXXXX Plan of Operation $ 700-nn e. 9. RELOCATION PAYMENTS TO INDIVIDUALS AND BUSINESSES 10. DEMOLITION AND REMOVAL 11. CONSTRUCTION AND PROJECT IMPROVEMENT 12. EQUIPMENT 13. MISCELLANEOUS 14. TOTAL (Li- 1 thtu 13) 15 ESTIMATED INCOME (71 OPP11ca6is) 16. NET PROJECT AMOUNT (Line 14 minu3 15) 17. LESS: INELIGIBLE EXCLUSIONS IB. ADD: CONTINGENCIES 19. TOTAL (Share: Grantee -25_% Federal 75 ,7.) $954,200.00 2o. TOTAL APPROVED GRANT AMOUNT $ $715,650.00 EPA Form 5700 -20A (Rev. 8 -76) • - -- --1 5 ^��,s1;.x4 � — : �'+4 �7 .w'l.p� Via' i �:," - _ _ • �• ,:a:Q - _ 'I t PART III - GRANT CONDITIONS C- 481216 -04 -0 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 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 pursuant to 40 CFR 30.425. b. Special Conditions: 1. The grantee may request payment monthly except for final payment which will be requested after final inspection of the project. At no time shall such requests exceed the Federal share of the cost of construction incurred to the date of the payment request, plus the value of the eligible materials which have been stockpiled in the vicinity of such construction, less retainage. 2. Grantee certifies that no industrial user will be initially served by this project and agrees to submit an approvable Industrial Cost Recovery System to the Regional Administrator in full compliance with EPA require- ments and that the system will be placed in operation at the time the first industrial user introduces industrial waste into the grant- assisted facilities. 3. The grantee is responsible for making rp ompt a ent to its contractor and will not hold Federal funds which can be paid to the contractor for work done on this grant and to retain only such amounts 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 10 percent of payments claimed until construction is 50 percent complete; (2) After construction is 50 percent complete, reduction of the total retainage to 5 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. EPA Fe 5700 -2DA IR— 8 -76) U.S. ENVIRONMENTAL PROTECTION AGENCY GRANT 110. GRANT AGREEMENT AMENDMENT CONTINUATION SHEET C- 481216 -04 -0 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 135.930 -41 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 comply with 40 CFR Section 35.936 -7 [set forth below?* and to submit to EPA with the bid documents the evidence of affirmative actions taken to satisfy this condition. Grantee acknowledges the requirement (40 CFR Section 35.938 -81 to include in,its subagreements with contractors, the provisions of Appendix C -2, 40 CFR, page 292, including paragraph 5 thereof, and further acknowledges,the requirement C40 CFR Section 35.08 -801) that subcontracts or subagreements must comply with 40 CFR Section 35.936 -7 and other provisions to 40 CFR Part 35. *Positive efforts shall be made by grantees to utilize small business and minority -owned business sources of supplies and.services. Such efforts should allow these sources the -maximum feasible opportunity to compete for subagreements and contracts to be performed utilizing Federal grant funds. Page r_ of rr µms- ice•= -�_ I} SPECIAL CONDITIONS (Continued) 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 Cie grantee sub- to the document being signed by the EPA Grant Award Official which the Grant Award Official determines to sequent 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 costs incurred up to and not GRANTEE ORGANIZATION exceeding $ 715,650.00 for the support of approved budget period effort described in application (including all GRANT AMOUNT 481216 -04 -0, City of Corpus Christi, 9- 17- 77included herein by reference. applitnrlon fnodi/icalion+G- TITLE AND DATE ISSUING OFFICE (G—n Adndniat ti" office) AWARD APPROVAL OFFICE ORGANIZATION /AODRE55 Environmental Protection Agency, Region 6 C- 481216 -04 -0 Municipal Facilities Branch, 6AWM - -� 1201 Elm Street 1201 Elm Street GRANT IDENTIFICATION NO. Dallas Texas 75270 I} SPECIAL CONDITIONS (Continued) 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 Cie grantee sub- to the document being signed by the EPA Grant Award Official which the Grant Award Official determines to sequent 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 costs incurred up to and not GRANTEE ORGANIZATION exceeding $ 715,650.00 for the support of approved budget period effort described in application (including all GRANT AMOUNT 481216 -04 -0, City of Corpus Christi, 9- 17- 77included herein by reference. applitnrlon fnodi/icalion+G- TITLE AND DATE ISSUING OFFICE (G—n Adndniat ti" office) AWARD APPROVAL OFFICE ORGANIZATION /AODRE55 Environmental Protection Agency, Region 6 ORGANIZATION /AODRE55 Environmental Protection Agency, Region 6 Municipal Facilities Branch, 6AWM - First International Building 1201 Elm Street 1201 Elm Street Dallas Texas 75270 Dallas Texas 75270 THE UNITED STATES OF AMERICA 9Y THE U.S. ENVIRONMENTAL PROTECTION AGENCY 51 U AWAA OFFICIAL TYPED NAME AND TITLE IDATE Adlene Harrison Re Tonal Administrator 6 -29 -78 This Irt Agreeltrent is subject to applicable U.S. Environmental Protection Agency statutory provisions and grant regula- tions. In accepting thi award or amendment and any payments made pursuant thereto, (1) the undersigned represents that he is duly authorized t act on behalf of the grantee organization, and (2) the grantee agrees (a) that the grant is subject to the applicable provisio is 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 SIGNATURE TYPED I ME AND TITLE R. Marvin Townsend, City Manager GATE EPA Form 57UU –ZUA (lieu. a -76) Corpus Christi, 14,1, n day of 19 7�" .24 141— 1 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, THE The Charter Rule was suspended by Gabe Lozano, Sr. Bob Gulley i David Diaz _ 'Ruth Gill _ Joe Holt Tony Juarez, Jr. _ Edward L. Sample _ The above ordinance was passed Gabe Lozano, Sr. Bob Gulley David Diaz Ruth Gill Joe Holt Tony Juarez, Jr. Edward L. Sample CHRISTI, TEXAS following vote: 14396 e: