Loading...
HomeMy WebLinkAbout10215 1 RESOLUTION NO. Z 2 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION AND ACCEPTANCE OF 3 OFFER AND ACCEPTANCE OF FEDERAL GRANT FOR SEWAGE TREATMENT WORKS UNDER 33 U.S .C. 466 ET SEQ. RELATING TO INTERCEPTORS, PUMP 4 STATION, ADDITIONAL PRIMARY AND SECONDARY TREATMENT UNITS AND OUTFALL, PROJECT NO. WPC-CAL-439 . 5 WHEREAS , the Commissioner of the Federal Water Pollution 6 Control Administration acting on behalf of the United States of 7 America has offered to the City of San Bernardino a grant of 81 $2,158 ,800 .00 for the construction of sewage treatment works , g � interceptors , pump station, additional primary and secondary 10 11treatment units and outfall, Project No. WPC-CAL-439 , pursuant to 33 U.S .C. 466 et seq. ; and 12 WHEREAS , the Mayor and Common Council desire to accept 13 14 this offer and to make certain assurances set forth in such offer, 15 NOW, THEREFORE, BE IT RESOLVED by the Mayor and Common 16 Council of the City of San Bernardino as follows: 17 SECTION 1. The Mayor of the City of San Bernardino on 18 behalf of said City is hereby authorized and directed to accept 19 1 the offer of the Commissioner of the Federal Water Pollution 20 Control Administration acting on behalf of the United States of 21 America relating to a federal grant of $2,158 ,800 .00 for con- 22 struction of sewage treatment works , interceptors , pump station, 23 additional primary and secondary treatment units and outfall, 24 Project No. WPD-CAL-439 , pursuant to 33 U.S .C. 466 et seq. ; and 25 is further authorized and directed to make the assurances con- 26 tained in said offer, a copy of which is attached hereto, marked 27 Exhibit "A", and incorporated herein by reference as fully as 28 though set forth at length. 291 � I HEREBY CERTIFY that the foregoing resolution was duly 30 311 adopted by the Mayor and Common Council of the City of San Ber- nardino at a.. �, i _ meeting thereof, held 32 �i i i I i � 1 on the ,/�� day of �. a � 1970 by the following 2 vote, to wit: 31 AYES: Councilmen 4 < 5 ' NOES : 6 7 City Cl rk 8 The foregoing resolution is hereby approved this day n 9 � of 1970 . 101 11 May r of the s.ty of San Bernardino 12 Approved as to form: 13 v 14 City A torney 15 (p) 16 17 18 191 20 21 ' 22 23 24 25 26 27 28 29 30 F L E 31 32 APR t `k 1970 L-UC{i. GOFOR H, City CkA I f I f f J©,2 /S 1 U. S. DEPARTMENT OF THE INTERIOR FORM APPROVED FEDERAL WATER POLLUTION CONTROL ADMINISTRATION BUDGET BUREAU NO. 42—R1510 OFFER AND ACCEPTANCE OF FEDERAL GRANT FOR SEWAGE TREATMENT WORKS UNDER 33 U.S.C. 466 et seq. PART A SECTION I — OFFER 1. LOCATION OF PROJECT(State, County, CRY) - TWOPC-CAL=439 JECT NUMBER California, San Bernardino, San Bernardino 2. LEGAL NAME AND ADDRESS OF APPLYING AUTHORITY (herein called the "Applicant") f City of San Bernardino 426 West Third Street San Bernardino , CA 92401 3. PROJECT FINANCING UNDER TERMS OF THIS OFFER Total estimated project cost $ 7,196, 000 Estimated project cost eligible for Federal participation $ 7,196,000 FEDERAL GRANT OFFERED S 4. DESCRIPTION OF PROJECT Interceptors , Pump Station, Additional Primary and Secondary Treatment Units and Outfall Consideration having been given by the Commissioner of the Federal Water Pollution Control Administration to(a)the application sub- mitted by the Applicant pursuant to Section 8 of the Federal Water Pollution Control Act,as amended(33 U.S.C.466 et seq.),(b)the public !!! benefits to be derived by the construction of this project, (c) the relation of the ultimate cost of constructing and maintaining the works to the public interest and to the public necessity for the works, and (d) the adequacy of the provisions made or proposed by the Applicant for assuring proper and efficient operation and maintenance of the treatment works after completion of the construction thereof, and it having been determined by the Commissioner that such project (a) is in conformity with the approved State water pollution control plan submitted pursuant to Section 7 of the Act, (b) meets the criteria for Federal aid specified in Section 601.29 of the regulations, and (c) is included in a comprehensive program developed pursuant to the Act; and the Commissioner having further determined that the State water pollution control agency has approved the project and certified that it is entitled to priority i over other eligible projects on the basis of financial as well as water pollution control needs; The Commissioner of the Federal Water Pollution Control Administration, acting in behalf of the United States of America, hereby offers; i To make a Federal grant to the above named Applicant subject to the assurance included in this document as Section II, in order to*aid in financing the construction of the project pursuant to the Federal Water Pollution Control Act, as amended. The f amount of the Federal grant will not exceed the appropriate percentage of the estimated reasonable cost of the project, as established by law, or such dollar limitation so established;provided,that in the event the actual reasonable cost of any project, as determined by the Commissioner upon completion of construction, is less than the estimated reasonable cost upon which the grant offer is based, such actual cost shall be used to determine the amount of the Federal grant, and the grant shall be reduced as necessary to conform with the limitations hereinabove cited. FWPCA—la(Rev. 3-67) (Formerly PHS-2690-1) � r 1, '1 t IN ADDITION, THIS OFFER IS MADE SUBJECT TO COMPL[TiON OF PgRT B OF THIS Offer and Acceptance AND THE FOLLOWING F CONDITIONS: The applicant acknowledges receipt of the attached "Conditions for Part All , and agrees to comply with the following numbered paragraphs: s r Nos. 1, 2 , 3, 6, 8 and 9. Payment of these grant funds will not be made until the City has satisfactorily demonstrated that effective implementation of City Ordinance No. 3034 relating to the discharge of wastes to the City 's sewerage system is being achieved. f I i I THIS OFFER MUST BE ACCEPTED, IF AT ALL, ON OR BEFORE(date) I t i r 1 FOR THE UNITED STATES OF AMERIC* FEDERAL WATER POLLUTION CONTROL ADMINISTRATION FOR THE C MISSIONER ' DATE �!< 3 0 MAR 1970 TITLE OFFICER SECTION II — ASSURANCES The Applicant hereby gives assurance to the Commissioner of the Federal Water Pollution Control Administration: A. That actual construction work will be performed by the lump sum (fixed price) or unit price contract method, that adequate methods of obtaining competitive bidding will be employed prior to awarding the construction contract, and that the award of the contract will be made to the responsible bidder submitting the lowest acceptable bid; { B. That the project will not be advertised or placed on the market for bidding until the final plans and specifications have been approved by the Commissioner and the appropriate State agency, and the Applicant has been so notified; C. That the construction contract will require the contractor to furnish performance and payment bonds, the amount of which shall each be in an amount not less than fifty percentum (50%) of the contract price, and to maintain during the life of the contract adequate fire, and extended coverage, workmen's compensation, public liability and property damage insurance; D. That any change or changes in the contract which make any major alteration in the work required by the plans and specifications, or which raise the cost of the project above the latest estimate approved by the Commissioner will be submitted to the Commissioner for prior approval; E. That the construction of the project, including the letting of contracts in connection therewith, shall conform to the applicable requirements of State, territorial and local laws and ordinances; FWPCA-8o (Rev. 3-67)(Page 2) { F. That the construction contract will provide that the representatives of the Federal Water Pollution Control f 4 Administration and the State will have access to the work wherever it is in preparation or progress and that the contractor will provide proper facilities for such access and inspection; G. That the Applicant will provide and maintain competent and adequate engineering supervision and inspection at the project to insure that the construction conforms with the approved plans and specifications; 11. That adequate accounting and fiscal records will be maintained which fully disclose the amount, receipt, and disposition of the grant assistance provided, the total cost of the project in connection with which the grant has been offered, the amount and identification of that portion of the cost of the project supplied from other sources, and such other records as the Commissioner may prescribe to facilitate an effective audit; I. That all funds granted pursuant to the Federal Water Pollution Control Act shall be expended solely for carrying out the approved project; J. That the Commissioner and the Comptroller General of the United States, or any of their duly authorized representatives, shall have access for the purpose of audit and examination to any books, documents, papers, and records of the grantee that are pertinent to grants received under the Act, and the grantee shall submit to the Commissioner or the Comptroller General of the United States such documents and information as they may require in connection with the project; K. That the construction contract will require the contractor to comply with the regulations of the Secretary-of Labor made pursuant to the Davis—Bacon Act of March 3, 1931, as amended (40 U.S.C. 276a through 276a-5), the Anti—Kickback Act of June 13, 1934 (40 U.S.C. 276c), and the Contract Work flours Standards Act of August 13, 1962 (40 U.S.C. 327-330), and any amendments or modifications thereto, to cause appropriate provisions to be inserted in subcontracts to insure compliance therewith by all subcontractors subject thereto, and to be responsible for the submission of statements required of subcontractors thereunder, except as the Secretary of Labor may specifically provide for reasonable limitation, variations, tolerances, and exemptions from the requirements thereof; L. That the Applicant will demonstrate to the satisfaction of the Commissioner his ability to pay the remaining cost of the project; M. That the Applicant will demonstrate to the satisfaction of the Commissioner that he has or will have a fee simple or such other estate or interest in the site of the project, including necessary easements and rights—of—way, as the Commissioner finds sufficient to assure undisturbed use and possession for the purposes of construction and operation for the estimated life of the project; N. That the declarations, assurances, representations and statements made by the Applicant in the application, and all documents, amendments and communications filed with the Federal Water Pollution Control Administration by the Applicant in support of its request for a grant, will be fulfilled; O. That the applicant will permit the Administration or its authorized agents to have access to the project and the records pertaining to its operation at any reasonable time following completion of construction for the purpose of inspecting the operation and maintenance of the project; P. The Applicant agrees to construct the project or cause it to be constructed to final completion in accordance with the application and plans and specifications approved by the Commissioner. i f� I i i — ON BEHALF OF (Legal Nerve of Applicant) SECTION III ACCEPTANE I, the undersigned, being duly authorized to take such action, as evidenced by the attached CERTIFIED COPY OF AUTHORIZATION BY THE APPLICANT'S GOVERNING BODY, do hereby accept this offer and make the assurances contained herein. SIGNATURE OF REPRESENTATIVE DATE NAME AND TITLE OF REPRESENTATIVE(Type orPrint) FWPCA—qa (Re'3—67)(Page 3) �� r *U. S.GOVERNMENT PRINTING OFFICE:1968 0-318-106 CONDITIONS FOR PART A It having been de;_ermined that satisfactory contract or purchase methods ' have been employed as required under Assurances A and B, Assurance A is modified to read as follows: "That actual construction work has been or will be perfon-ied by the lump sum (fixed price) or unit price contract method, that adequate methods of obtaining competitive bidding have been or will be employed prior to awarding the construction contract, and that the award of the contract has been, or will be, made to the respon- sible bidder submitting the lowest acceptable bid." Assurance B is hereby waived. " 2. This grant offer is subject to withdrawal unless contracts for project. construction are awarded within 90 days from the acceptance of the grant offer. 3. This grant offer is subject to the approval of the "Compliance Report," Title VI, Civil R:.ghts Act of 1964, by the Office of Equal Opportunity. No Federal payment can be made on this project prior to receipt of this approval. 4. The applicant gives assurance that all related construction necessary to achieve full benefit from this project will be completed in the near future. (No Federal payments will be made on this project until related construction is under contract). S. The applicant agrees to construct, operate and maintain the subject project so as to assure cc,mpliance with water quality standards adopted for the receiving waters into which the treated effluent will be discharged. }6. The applicant agrees that there will be no bypass of raw sewage during construction. 7. The applicant agrees to have prepared by a consulting engineering firm an approvable Operation and Maintenance manual for this project and to have provided, by a consulting engineering firm, training for the operators of this project. --� The applicant a rc:es to have• PP g prepared by a consulting engineering firm an approvable Operation and Maintenance manual for this sewage treatment plant and to have provic_ed , by a consulting engineering firm, training for the operators of the sewage treatment plant. 9. Approval of this project for Federal financial assistance does not con- stitute Federal sc.nction or approval of any changes or deviations from i established water quality standards--criteria or implementation dates--. or from dates established by applicable Enforcement proceedings.