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HomeMy WebLinkAbout13446 ORD - 10/20/1976JKH:vp:10 /20/76:lst TEXAS: AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT AGREEMENT WITH THE ENVIRONMENTAL PROTECTION AGENCY PERTAINING TO THE BROADWAY WASTEWATER SYSTEM, PROJECT NO. 250 -72 -1, SAID GRANT BEING IN THE AMOUNT OF $188,160, REPRESENTING 75% OF THE TOTAL AMOUNT FOR STEP II OF $250,880, WITH THE CITY'S SHARE BEING 25% OR $62,720, A SUBSTANTIAL COPY OF SAID AGREEMENT 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, 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 Broadway Wastewater System, Project No. 250 -72 -1, said grant being in the amount of $188,160, representing 75% of the total amount for Step II work on improvements of $250,880, with the City's share being 25% or $62,720, all as more fully set forth in the Grant Agreement, a substantial copy of which is attached hereto, marked Exhibit "A ", and made a part hereof. SECTION 2. The necessity to authorize execution of the aforesaid Grant Agreement at the earliest practicable date in order that the Broadway Wastewater System improvements may be continued with 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, and having requested the 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 ORDAINED, this the day of October, 1976. ATTEST: ecretary MAYOR— THE CITY OF CORPUS CHRISTI, TEXAS APPROVED: 70 DAY OF OCTOBER, 1976: J. BRUCE 'COC' CITY ATTORNEY BY. Assistant r�Attorney JUN�3 ©FI( 3:3446 U.S. ENVIRONMENTAL PROTECTION AGENCY GRANT IDENTIFICATION 110. C- 481216 -02 -0 GRANT AGREEMENT AMENDMENT CHECK APPLICABLE ITEM(5) OATWF A'MARO'0611);.fran.. ') if 4J 1976 X -RANT >GRESM EN- GRANT >MENOMENT TYPE OF ACTION Continuation SUBSEOUENT RELATED PROJECTr1ilIT) PART I— GENERAL INFORMATION 1. GRANT PROGRAM Wastewater 2, STATUTE REFERENCE 3. REGULATION REFERENCE Treatment Works Construction 33 USC 1281 et seq. 140 CFR Ch. 1, Subch. A, B, D 4• GRANTEC OPGANIZ4TION a. NAME C. ADOR ESS City of Corpus Christi P. 0. Box 9277 Corpus Christi, Texas 78408 b. EMPLOYSP I.D. NO. (EI1V) S. PROJECT MANAGER ICrmuo, C-wn. ) i NAME d. ADDRESS R. Marvin Townsend P. 0. Box 9277 Corpus Christi, Texas 78408 .TITLE City Manager - - TELEPHONE NO. (Inel,d, Arse Cad,) 512 884 -3011 S. PROJECT OFFICER (EPA C,rnfuaf) a. NAME d. ADDRESS Harold D. Smith, P. E. Environmental Protection Agency, Region VI Water Division b. TITLE Area Engineer First International Building 1201 Elm Street . C. TELEPHONE NO. (frI<lud, Area Code) (214) 749 -1461 Dallas, Texas 75270 7. PROJECT TITLE AND DESCRIPTION Step 2 'For preparation of plans and specifications for the Broadway Treatment Plant modifications and Corpus Christi Beach system. PROJECT STEP 11131 - 1r 2 `J• DURATION PROJECT PERIOD (Dot „) B DGET PERIOD (Data ) September 1976 - July 1977 September 1976 - July 1977 3. COLLAR AMOUNTS -OTAL $250,660.00 lw, (� $188,169.00 PROJECT COSTS EPA GRANT AMOUNTCIn-KIndAmf. 'OT1L 66 OCR $250,0.00 UNF-XPENDED PRIOR YR. BAL. (EPA Fr+nd•) ELIGIBLE COSTS (WW) ( 'OTAL N/A pp THIS ACTION (Thin ulrll[:.r1Rn amount) $188,160.00 BUDGET PERIOD COSTS 'O. ACCOUNTING DATA APPROPRIAT:ON COC CONTROL NO. ACCOUNT NO. OBJ CLASS AMOUNT C >RGc O $188,160.00 68X0103 E00007 T364065005 N/A 11. PAYMENT METHOD 12. PAYEE (Varna and —11.g add—.. [—I.da ZIP CYdO ADYANCES 1 ; of award) Ch REIMBVPSEMENT City of Corpus Christi --OTHER P. 0. Box 9277 Ned K. Burleson Corpus Christi, Texas 78408 S-•Np P. YMENT P DUE3T TO address s�iown 6d a ove .PA Farm 5700.20 (Rev. 4.75) PREfepus _JI --1AN is G35plETE. 1130 TH:J E..IT .,r. — ^.+c . REPLACES EPA FOR•A!7:.•21. /7 M PART II— APPROVED BUDGET TABLE A - OBJECT CLASS CATEGORY CNameonatruetlon) TOTAL APPROVED ALLOWABLE BUDGET PERIOD COST PERSONNEL 2 FRING'c 9ENEFITS 3. TRAVEL EQUIPMENT 3. SUPPLIES S.CONTRACTUAL " 7. CONSTRUCTION 3. OTHER 9. TOTAL DIRECT CHARGES 10. INDIRECT COSTS: RATE S BASE — TOTAL ( Shnre: G..— 7. Federal R) 12. TOTAL APPROVED GRANT AMOUNT $ TABLE 8 - PROGRAM ELEMENT CLASSIFICATION ilv—c natruction) 3. 4. 3 6. lo_ TOTAL (Share: Grontee % Federal 7.) I I. TOTAL APPROVED GRANT AMOUNT $ TABLE C- PROGRAM ELEMENT CLASSIFICATION C- 481216 -02 -0 •'> .':((,Y'� I ADMINISTRATION EXPENSE 1,000.00 2 PRELIMINARY EXPENSE �. LAND•STRUCTURES, RIGHT- OF.WAY . AftCHITECTURAI ENGINEERING BASIC FEES 249 880.00 3. OTHER ARCHITECTLIRIL ENGINEERING FEES S. PROJECT INSPECTION FEES 7. LAND DEVELOPMENT S RELOCATION EXPENSES 9 RELOCATION PAYMENTS TO INDIVIDUALS AND SU51NE5SE5 10. DEMOLITION AND REMOVAL . CONSTRUCTION AND PROJECT IMPROVEMENT 12 EQUIPMENT 13. MISCELLANEOUS TOTAL ILl— 1 Ih- 17) 250,880.00 ESTIMATED INCOME /It IpPlicoble) T PROJECT AMOUNT (L.^e 14 nlnua 15) -. LESS: INELIGIBLE =YCL'USIONS '9 ADD: CONTINGENCIES l9. TOTAL (Share: Grantee 25 7. Fede.a( 75 , ;..) 250,880.00 zc. TOTAL APPROVED GRANT AMOUNT $ 188,160.00 EPA Form 5700.20 (R,V. 4.75) PAGE 2 OF S PART III -GRANT CONDITIONS a. GENERAL CONDITIONS The grantee covenants and agrees that it will exl,editiously initiate and timely complete the project worx for which assistance has been awarded under this grant, in accordance with the applicable grart provisions of 40 CFR subchapter D. Specifically, the grantee warrants and represents that it, ana•Ita coot rectors, . subcontractors, employees and representatives, will comply with the following 3eneral Conditions, the, applicable supplemental conditions of 40 CFR Subchapter B, as amended, and any Special Conditions set,Eorth in this grant agreement or any grant amendment. , 1. cress. The grantee agrees that it, will provide access to the facilities, premises and records related to the project as provided in 4930.605 and 30.805 of 40 CFR Subchdpter B. 2. jydyt and Re rd_r, The grantee agrees that it will m intain'an adequate system for financial, management, property management and grantee audit in accordance wit" 6630.800 and 30.010 -3, and that it will maintain, preserve and make available to the Government all project records for the purpose of inspection, interim and final audit, and copying as required by 4430.605, 30.805, ana JO.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 dr pursuant to VO CFR Subchapter D. including p[ogcess reports (q 30_6]5 -1), financial ireports (430.615 -3), invention reports (630.635 -4), property reports 1630_635 -5), relocation and acquisition ieports (530_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 - 0.430. ' i 4. Grant Changes; Nodif icacions. The grantee agrees that all grant modifications will be accomplished through the provisions of 40 CFR 30.900 through 30.900 -4. .. _ 5_ Requirements PeYta tnjgg to Fgde ra llv As ?y;y� Cgn_t ruct;on. The grant a agrees that during the pe tf ormance of the pro3 ere work it will comply, and that Its contractors,, s uhcootractors, employees and representatives will comply, with the requirements pertaining to federally assistau construction identified in 40 CFR 30.415. 6, suspension_ (a) The grantee agrees that the grant official may, at any tame, require qui a the gran tee to stops all, or any part, of the work within the scope of the p olect for which EP.1 grant sistan.'. w warded, by a written stop -work order, for a period of not more than forty -five ry5) days after the onler is delivered to the grantee, and for any further period to wnich the parties may agree_ Any such order shall be specifically identified as a stop -work order issued pursuant to this clause._ Upon receipt of such an order, the grantee agrees to forthwith comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage. This suspension drticlP shall not be applicable to educational institutions or nonprofit research institutions. . (b) The grantee agrees that, within any ouch suspension period, F.Pn may either (1) cancel the stop - work order, in full or in part, or (2) initiate action to terminate the qra nt, in part or an full, 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 to promptly resume the previously suspended project work. (d) An equitable adjustment shall be made in the project 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 in the grantee's costs properly allocable to, the performance of any part of the project, and (2) the grantee asserts a written claim for such adjustment within sixty (60) days after'the end of the period of work stoppage, provddg�i that if the Pruject Ofticer determines that the circumstances justify such action( for example, if the impact of cost or time factors resulting from a stop -worx order could sot have been ascertained prior to written submission oI the claim), he may receive and act upon any such claim asserted at any time prior to final payment under this grant. (e) IE a stop w rk order is1not canceled and grant- 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 agrees that costs incurred by the grantee or its contractors, subcontractors or representatives, after a stop -work order is delivered, or within any extension of the suspension period to which the parties may have agreed, with respect to the projert work suspendeu by such order or agreement, which are not authorized by this article or specifically authorized in writing by the Project officer shall not be allowable costs_ EPA Fo,m 5700 -20 (Rev. 4.75) - PAGE 3 of 5 PART III -GRANT CONDITIONS IERAL CONDITIONS 7. TernicALlon_ (a) The grantee agrees that the grant award official nay, at any tame, after writter. notice and after onporturicy for consultation has been attorded to the grantee, terminatC the grant, in whole or in part, • -ith the concurrence of appropriate EPA officials, through i written termination notice specifying the effective date of the termination action. (1) Cause for termination shall Include, but not be limited to, default by the grantee or failure by the. grantee to comply with Ira nt condition- or terms. (2) The grantee agrees that, u„on such termination, it wall return or credit to the United Gtates that po [tloh of qra nt funds paid r owed to the yrar.tee and allocable to the terminated project work, except such portion as day be reyvire-1 by the grantee to meet commitments which hat become firm prior to the effe.ii�e date of termination and are otherwise allowacle. (J) enever Eea aiblP, the gca n[ award otticial and the grantee shall enter into a termination aaree-e nt a soon stassib le after any such termination action to establish the basis for settlement of grant costs and the ..aunt and date of payment of any sums due to either party. (L) upon request of the granter, an] If the Project Officer determines with the concurrence of appropriate iPA oft idols that th e is good cause for the termination of all or any portion of the project ,ork for which 2P\ grant assistance has been awarded, the grant award official and the grantee may enter into a written termination agreemant establit.unq the effective date of the grant and project termination, and the tasis for settlement of grant termination costs, and the amount and date of payment of any sums due to either Fa r y. (c) The grantee agrees that it will not unilaterally terminate work on the project for which EPA grant 45sistance has been awarded, except for good cause. The grantee further agrena: (1) That it will pr7mptly give written notice to the Project Officer of any complete or partial termination of the project work by the grantee, and (2) Ina t, if the Projert Officer determines with the concurrence of appropriate EPA officials that the grant has terminated the project work aithuut good cause, the grant award utticia1 may annul the grant and all EPA grant tunds previously pied or owing to the grantee shall he pr arnptly returned or credited to the Gnite•J States. a. WRLs tas. (a) pt as uthervise pro d by law or regulations, any dispute arising under this grant aqreement shag1 - decided by the Project Officer, who, atter concurrence by appropriate EPA officials, shall reduce his decision a eiti nq and mail or otherwise furnish a copy thereat to the grantee. such a decision ' Ot the Project Officer shall be £anal and c nclusive unless, •,Itllln thirty (la) days from the date of c eapt of much copy, the . 1rantee mails or otherwise delivers to the Project Officer a written appeal addr...edeto the Administrator. (b) The decision of the Administrator or his duly authorized representative for the determination of such ..peal shall he final and conclusive unless determined by a court of cgmpe tent jurisdiction to have Leen fraudulent 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 sha11 be atforded an opportunity to be heard, to be represented by legal counsel, to offer evidence and te. stimony in support of any appeal, and to cross - examine Government witnesses and to examine documentation or exhibits offered in evidence ny 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, ano to examine documentation or exhibits offered 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 40 CFR. (d) This "Disputes" article shall not preclude consideration of any question of law in connection with decislnns provided for by this article; provided, that nothing in this gent or related regulations shall be construed as ma4 inq final the decision of any administrative official, representative, or board, on a (uestion of law. 9. 'Notice And Ass .stance Regard]n_g Patent dad copyright In trAn ge_ment_ (a) The grantee agrees to report to the Project officer, promptly and in reasonable written detail, each notice or claim of patent or c opyr iq ht infringement based on the performance of this qra nt or which the grantee has knowledye. (h) to the event of any claim or suit against the Government, on account of any alleged patent or copyright infc]ngement arising out of the performance of this grant or out of the use of any supplies fv ished o or services performed hereunder, the grantee agrees to Furnish to the Government, when requested by tnexProj ect Officer, all evidence and informs tion in pos of the grantee pertaining to sucl suit or claim. Such evidence and information shall be furnished at the sexpensP of the Government except w•he', the )rantee has agreed to indemnify the Government. EPA Fm,m 5709.20 SPECIAL CON OI TION9 See attached continuation sheet. PART IV NOTE: The Grant Agreement must be completed in duplicate and the Original returned to the Grants Administration Division for llcudqu:lrters grant awards and to the appropriate Grants Administration Office for state and local awards within 3 ralenddr 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 188,160.00 for the support of approved budget period effort described in application (including ull GRANT AMOUNT City of Corpus Christi. upplirarion mndilirnliuns) C- 481216 -02, June 21, 1976 included herein by reference. TITLE AND DATE ISSUING OFFICE (Giant. Admini. ti— Ofti -) AWARD APPROVAL OFFICE ORGANIZATION /ADDRESS 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 SIGNATURp OF AW O\FICI L YPED NAME AND TITLE A John C. White Regional Administrator 10 -4 -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 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 NAME AND TITLE R. Marvin Townsend, City Manager- DATE ATTEST: APPROVED: City Secretary City Attorney r 2. ALL GRANT PAYMENTS ARE SUBJECT TO CONGRESSIONAL APPROPRIATION AND AVAIL- ABILITY 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 EnYlronmental 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 will provide proper facilities for such access and inspection• Such contract must also provide that the Regional Administrator, the Comptroller General of the United States, w any authorized representative shall have access to any books, documents, papers, and records of the contractor which are pertinent.to the project for the purpose of making audit, examination, excerpts—and transcrip- tions thereof. i i rage Da UT D U.S. ENVIRONMENTAL PROTECTION AGENCY GRANT IDENTIFICATION NO, GRANT AGREEMENT AMENDMENT , ppNT1TT0N gT C- 481216 -02 -0 1, Payment Schedule The grantee may request payment for the Federal share of allowable costs incurred in accordance with the following schedule: Tasks to be Estimated Date Cumulative Amount Completed of Completion Amount (Not to be 'exceeded) Preliminary Design 02/01/77 $110,000.00 $110,000.00 Completion of Plans and Specifications 05/01/77 $ 45,000.00 $155,000.00 Approval of Plans and Specifications 07/15/77 $ 33,160.00 $188,160.00 2. ALL GRANT PAYMENTS ARE SUBJECT TO CONGRESSIONAL APPROPRIATION AND AVAIL- ABILITY 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 EnYlronmental 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 will provide proper facilities for such access and inspection• Such contract must also provide that the Regional Administrator, the Comptroller General of the United States, w any authorized representative shall have access to any books, documents, papers, and records of the contractor which are pertinent.to the project for the purpose of making audit, examination, excerpts—and transcrip- tions thereof. i i rage 5bot5 U.S. ENVIRONMENTAL PROTECTION AGENCY :,RAN 1' MEN TI FICA TION NO. GRANT AGREEMENT AMENDMENT CONTINUATION SHEET C- 481216 -02 -0 (CON'T) 5. Grantee agrees to provide the following certification within sixty (60) 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, 40 USC 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 CEPA Form 5700 -41 C2 =76)) as specified by Section 35.937 -6(cl of the Rules and Regulations published in the December 17, 1175, Federal Register. No grant payment will be made for the affected engineering work until such certification is provided. 6. The grantee agrees that the Texas Water quality Board Archaeological Specialist will be contacted before any earthwork is performed during construction and that the plans and specifications will include require- ments for the contractor(s) to allow time for an archaeological exami- nation during excavation. CORPUS CHRISTI TEXAS DAY OF 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 SUSPEN- SION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE IT IS INTRODUCED, AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCIL; 1, THEREFORE, REQUEST THAT YOU SUSPEND 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 TH FOLLOWING VOTE: JASON LUBY DR. BILL TIPTON EDUARDO DE ASES RUTH GILL BOB GULLEY GABE LOZANO, SR. EDWARD L. SAMPLE THE ABOVE ORDINANCE WAS PASSED BY TH FOLLOWING VOTE: JASON LUBY DR. BILL TIPTON EDUARDO DE ASES RUTH GILL BOB GULLEY GABE LOZANO, SR. EDWARD L. SAMPLE