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Home My WebLink About14638 ORD - 11/22/1978vp:11/22/78:lst AN ORDINANCE 6 AUTHORIZING THE CITY MANAGER TO ACCEPT AND EXECUTE A GRANT OFFER IN THE AMOUNT OF $10,146,668 FROM THE ENVIRONMENTAL PROTECTION AGENCY, AND ALL SUBSEQUENT AMENDMENTS THERETO, FOR STEP 3 WORK,AS °OUTLINED IN THE FIRST FOUR OF SIX CONTRACTS ON THE OSO WASTEWATER TREATMENT-,PLANT, A SUBSTANTIAL COPY OF SAID OFFER 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 ♦ � M f to accept and execute a grant offer in` the amount of $10,146,668 °from the. ` Environmental Protection Agency,•and all subsequent amendments- the h Step 3 work as outlined in the first four of six contracts on the Oso ,Waste" .. water Treatment Plant, a substantial copy of said offer being aftached, hereto and made a part hereof, marked Exhibit "A ". SECTION 2. That the City Manager be °'and he is hereby authorized to execute such documents as may be necessary to implement the proposed program aforesaid. SECTION 3. The necessity to authorize the acceptance and execu �. tion of a grant offer from the Environmental Protection Agency for Step 3 work on the Oso Wastewater Treatment Plant in order to effectuate the said program 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 a' suspension of the Charter rule and that this ordinance be passed finally'on the date of its introduction and take effect and'be in full.force and effect from and after its passage, IT IS ACCORDINGLY SO ORD NED, this the ZL' day of November, 1978. ATTEST- City Secretary MAYOR THE C ORPUS CHRISTI, TEXAS APPROVED: 1—YDAY OF NOVEMBER, 1978: J. BRUCE AYCOC , CITY ATTORNEY �y By 442, Assistant ,y Attorney f4 �Cn 14 (338 J'A 0 19 �1 F- U.S. ENVIRONMENTAL PROTECTION AGENCY GPANT AGP.EEMENT /AMENDMENT GRANT L CHECK APPLICABLE 17EM151 �DATE OF AWARD (pbll➢e tio dote) X GRANT AGREEMENT mber 9, 1976 GRANT AMENDMENT OF ACTION SUBSEQUENT RELATE. PROJECT(141IT) �....��.___ 1. GRANT PROGRAM r Const. Grants 2- STATUTE REF3. HCJ ECT STEP (wWr) fnr LhctPl -+ . TrPa+m + tr �� REGULATION U. REFERENCE October.1978 to October 1980 BVOGE T PERIOD(Dnt,e) 1 vu t h 1 SubCh R. NAME GRANTC, TOTAL PROJECT COSTS City of Corpus Christi TOTAL ELIGIBLE COSTS (WWr) C. ADOR ESS TOTAL BUDGET PERIOD COSTS THIS ACTION (T /Ijv cif IlEofjnn nmoun() P.O. Box 9277 APPROPRIATION ACCOUNTING DATA Corpus Christi. Texas 78408 b. EMPLOYER I.O. NO. (EIN) 68XO103.A E00007 Y779065005 41'11 $10,146,668.00 11. PAYMENT METHOD S. & NAME PROJECT MANAGER (Grmlt„ Cont.. Q ADVANCES I__zOf ewefdl R. Marv'n Townsend IL 4DDR E55 GOTHEq TITLE SEND PAYMENT REQUEST TO City of Corpus Christi Citz Manager EPA Form 5700_20A (Rev. 8_76( P.O. Box 9277 - h751 WHICH Is OBSOLETE AND EPA FORM 5700 -21. PAGE I Corpus Christi, Texas 78406 :. TELEPHONE NO. (Include Area Cud,) PROJECT OFFICER •FPA C."". r) ➢. NAME L ADORFSS .Harold n_ Smith b. TITLE Environmental Protection Agency, Region 6 Area Fngfnp Pr Municipal Facilities Branch, 6AWM C. TELEPHONE NO.(Lr,lrtd, Am. Code) —. First International Building _ 1201 Elm Street 7. PROJECT TITLE AND DESCRIPTION Dal 1 a$ Texas 75270 Step 3 project for expansion of the Oso wastewater treatment plant. HCJ ECT STEP (wWr) 3 PROJECT PERIOD (Doran) DURATION October.1978 to October 1980 BVOGE T PERIOD(Dnt,e) October 1978 to October 1980 DOLLAR AMOUNTS TOTAL PROJECT COSTS 1 $14,054,p982.00 L A GRANT AMOUNT (IWKI,odAmr. 10 14)6,668.00 TOTAL ELIGIBLE COSTS (WWr) $13,528,891.00 Url�. l•LNO ED f•HIOR YR. BAL. (!i1'A I'undn) 'i J 7 TOTAL BUDGET PERIOD COSTS THIS ACTION (T /Ijv cif IlEofjnn nmoun() $10,146,668.00 APPROPRIATION ACCOUNTING DATA DOC CONTROL NO. ACCOUNT ND. OBJ CLASS AMOUNT CHARGED 68XO103.A E00007 Y779065005 41'11 $10,146,668.00 11. PAYMENT METHOD 41. 12. PAYEE Neme e d me /ling gddr,yx. fneluda ZIP Codc) �7 ty Q ADVANCES I__zOf ewefdl of` Corpus Christ REIMBURSEMENT P.O. Box 9277 GOTHEq Corpus Christi, Texas 78408 SEND PAYMENT REQUEST TO Address shown in tem a ove EPA Form 5700_20A (Rev. 8_76( REPLACES EPA FORM 5700.201RE V. h751 WHICH Is OBSOLETE AND EPA FORM 5700 -21. PAGE I ♦ GRANT IOENTI FICAT(ON NO. T-481214-03-0 PART II— APPROVED BUDGET ' r TABLE A - OBJECT CLASS CATEGORY (A'o +t- runarrurrinn) TOTAL APPROVED ALLOWABLE 1 PERSONNEL 2 FRINGE BENEFITS 3 TRAVEL A EOUIPMENT 5 SUPPLIES 6 CONTRACTUAL >. CONSTRV CTION e OTHER 9. TOTAL DIRECT CHARGES 10. INDIRECT COSTS: RATE :BASE I'- TOTAL (Share: Grantee % Feder.,) :2. TOTAL APPROVED GRANT AMOUNT TABLE B - PROGRAM ELEMENT CLASSIFICATION 4. iNon- curlatrurrion) t. 2 3. 7. e. 9. 10. TOTAL (Shore: Grantee y Fede ,I 11 TOTAL APPROVED GRANT AMOUNT TABLE C- PROGRAM ELEMENT CLASSIFICATION (Couarn.oion) 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 10. DEMOLITION AND REMOVAL 1!• CONSTRUCTION AND PROJECT IMPROV 12. EQUIPMENT 13. MISCELLANEOUS 14. TOTAL (Linea i thru 13) 15. ESTIMATED INf 1- 11, :77777777— I t >. LESS: INELIGIBLE EXCLUSIONS 11e. ADD. CONTINGENCIES ro. TOTAL (Share: Grantee 2�_ 7. Federal zo. TOTAL APPROVED GRANT AMOUNT EPA Form 5700_20A (Rev. 8 -76) $13,528,891.00 $ 10,146,668.00 PAGE 2 O 214 -03 -0 PART 111 - GRANT CONDITIONS a. General edition,: 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 1, Subchapter B, INCLUDIN TO the provisions of Appendix A to 40 CFR Part 30, and (2) any special conditions set fort G BUT NOT LIMITED h N this grant agreement or any grant amendment pursuant to 40 CFR 30.425. b. Special Conditions: I. The grantee will 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 con- struction incurred, plus the value of the eligible materials on hand, less retainage. 2. The 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, 35.935 -13, and Federal Guidelines, Industrial Cost Recovery Systems (MCD -45). 3. The grantee is responsible for making prompt payment to its contractor for h nds work doneondthisegrantuand toy retain onlyasuchoamounts 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 provided for c a for circumstances s (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 withholding; progress and there is no specific cause for greater (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; (41 A cash bond or irrevocable letter, of credit may be accepted in lieu of all or part of the cash retainage under (21 or (3) above. EPA F PAGE 3 OF U S ENVIRONMENTAL PROTECTION AGENCY GRANT NO. GRANT AGREEMENT AMENDMENT CONTINUATION SHEET C- 481214 -03 -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 interest earned, interest is earned, an or, if no such 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. The Step 3.constructionecontract to implementpthisrirom provision ayment require- ment. 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 the funding e ofthesystem or ofthemcomplete system p(35.935 -1). oper- 5. The grantee agrees to prepare and submit a Preliminary Plan of Operation to the Environmental Protection Agency (EPA) by 25 percent completion of construction; and that not more than 25 percent grant payment will be made until the Preliminary Plan of Operation has been received. 6. The grantee is responsible for giving preference to domestic construction materials in accordance with the 'Buy American" provision of Section 215 of Public Law 92 -500 as amended and implementing EPA regulations and quidelines 7. The grantee agrees to comply with 40 CFR Section 35.936 -7 by making Positive efforts to utilize minority -owned business sources for con- struction, supplies and services, and agrees 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- 8) to include in its subagreements with contractors, the provision of Appendix C -2, 40 CFR, page 292, including paragraph 5 thereof, and further acknowledges the requirement (40 CFR Section 35.938 -9(b)) that subcontracts or subagreements must comply with 40 CFR Section 35.936 -7 and other provisions of 40 CFR Part 35. 8. Prior to any disbursement of grant funds under this project, the grantee must provide a site certificate which indicates that all sites, easements and rights -of -way necessary for the construction and operation of this project have been obtained. Page of • f.b• 'AL GONDI TIONs GRANT IDENTIFICATION NO. f.- 4111214 -03 -0 The Appendix C -1 provisions must be added to the engineering contract ilr unabridged form prior to the first payment. NOTE: The Grant Agreement must be completed in duplicate and the Original returned to the Grants Administration Division for lieadquarters grant awards and to the appropriate Grants Administration Office for state and local awards within 3 c:1aendar weeks after receipt or within any extension of time as may be granted by EPA. Receipt of 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. The United States of America, acting by and through he U.S. Environmental Protection Agency (EPA), hereby offers a grant /amendment to the City of 1, .ornnc (fhri c +; GRANTEE ORGANIZATION i- fDr - - %Of all approved costs incurred up to and not exceeding $ _.10 8146 668 nD for the support of approved budget period effort described in application ry,1rlurlinA+ riff A sou r 11h(,/;r•or;o» »u1rl ; /ir•,trro»s)Cl tV Of Orn A D A O 914 fly n included herein by reference. ISSUING OFFICE fG rn,tr• A,lnilnlxrmlron Orrice) Oq GAN12A TION /ADDR E55 AR R APPROVAL OFFICE DD Environmental Protection Agency, Region 6 DEnvironmentdlEProtection A enc Municipal Facilities Branch, 6AWM 9 y, Region 6 1201 Elm Street First International Building Dallas,_ Texas 7527n 1201 Elm Street UNITED STATES OF AMERICA aY THE U.S. V'I -•. .lull 1,{111 Ke tonal Administrator 11 -09 -78 This Grant Agreement subject to applicable U.S. Environmental Protection Agency statutory provisions and grant regula- tions. In accepting this award or amendment and any payments made pursuant thereto, (1) the undersigned represents that he is duly aut(tolired to act on behalf of the grantee organization, and 2 the applicable provisions ut•40 CFR Chapter I. Subchapter Band of the provisions of this agreement (Parts I thru IV), and O the grantee agrees (a) that the grant is subject to (b) that acceptance of any payment, 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 hr EPA. BY AND ON BEHALF OF THE DESIGNATED GRANTEE ORGANIZATION SIGNATURE Tv PED NAME AND TITLE R. Marvin Townsend, City Manager DATE EPA Fo.m 5700_2 -A WR a -761 PAGE 4 OF CG -43 (Rev. 5124/76)' PROPOSED CONSTRUCTION ITEMS NAME OF PROJECT City of Car PROJECT NO., r_AUigia_m DATE November 9, 1978 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 be considered ineligible unless reconsideration is specifically requested and approved by the State Agency and the U. S. Environmental Protection Agency. IPTION OF ITEMS Contract I - Plant Lift Station and Force Main Approx. 7900 L.F. of 36 -inch diameter force main Contract II - Lift Station No. 4, Force Main and Gravity System to Woolridge Road Approx. 5250 L.F. of 30 -inch diameter force main Approx. 1459 L.F. of 12 -inch diameter gravity line Contract III - Renovation of Country Club Lift Station and New Lift Station No. 5 and Force Main in Seratoga Road Approx 11,400 L.F. of 24 -inch diameter force main CDue to 15% Rule) Approx. 235Q L.F. each of Twin 36 -inch diameter gravity line Approx. 1530 L.F. of 36 -inch diameter gravity line Approx. 97 L.F. of 21 -inch diameter gravity line Approx. 1427 L.F. of 15 -inch di- ameter graytty line Contract IV - Improyement and Enlargement of the East Half of the Existing Oso Wastewater Plant PARTICIPATION YEZ - - U, X X X X X X X X X X i i r Corpus Christi, T a / ZZ day of �Z��x , 19 %y 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 RPUS CHRISTI, TEXAS The Charter rule was suspended Gabe Lozano, Sr. Bob Gulley David Diaz Ruth Gill Joe Holt Tony Juarez, Jr. Edward L. Sample The above ordinance was passed by he following vote: Gabe Lozano, Sr. / Bob Gulley David Diaz Ruth Gill Joe Holt Tony Juarez, Jr. Edward L. Sample�� 14638