HomeMy WebLinkAbout1971 Resolution No. 017.I
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RF.SOT.UTTON NO. 17, SERIES OF 1971
A RESOLUTION AFFECTING THE OFFER AND ACCEPTANCE OF A FEDERAL GRANT
FOR SEWAGE TREATMENT WORKS UNDER 3 3 U. S • C • 466 ET SEQ. , PROJECT
NUMBER "COLO 252" IN THE AMOUNT OF $283,930.00 AND PLEDGING THE CITY
OF E NGLE WOOD TO CONFORM TO CERTAIN REQUIREMENTS ATTACHED THERETO.
WHEREAS, the City of Englewood has applied to the Federal
Water Pollut i on Control Administration for a Federal grant in the amount
o f $283 ,930 .00 lo h elp delrJy lhc cost o f a project of exp a nsion and
modifi cations to an existing waste treatment plant: and
WHEREAS, the Federal grant in the amount of $283,930.00 was
offered to the City of Englewood, contingent upon the pledge of said
C i ty to comply with the following conditions:
1. No Federal payment will be made until an ordinance is
enacted to prohibit all storm, surface and ground water connections,
including foundation drains to the sanitary sewer system on all new
construction.
Th ..al th e piujccl will uc pl <.icc d under contract by November
15, 1971.
3. That the applicant will obtain a signed "Certificate of
Nonsegregated Facilities" from the prime contractor prior to the award
of a Federally assisted construction contract if the contract exceeds
$10,000.00 and is not exempt from the provisions of the Equal Opportuni-
ty clause1and that the applicant will assure that the prime contractor*
4. That, prior to final inspection of the project, an
operating manual for the waste treatment facility will be prepared: and
the training necessary to adequately instruct plant employees in all
fu nct ions of this spec ific plant will be provided during "start-up" of
the plant.
5. That the applicant will submit an environmental assessment
of the proposed waste treatment project to the Environmental Protection
Agency within 30 duys after acce pt a nce of the grant offer.
6. That the applicant agrees to provide a sign for identifica-
tion of thjs proiect, i n ~ccorda nce with specifications to be furnished
by the Environmental Protection Agency.
7. That the applicant hereby assures the Environmental
Protection Agency that the municipality will comply with regulations
relating to basin plans, regional or metropolitan plans, industrial
waste treatment, and design of waste treatment plants in accordance with
paragraphs 601.32, 601.33, 601.34 and 601.36 as published in the Federal
Reg ister on July 2, 1970.
8. That the facility will be maintained and operated in accor-
dance with such requirements as the commissioner may publish from time
to time concerning methods, techniques, and practices for economic,
efficient, and effective operation and maintenance of treatment works.
9. Inasmuch a s significant industrial wastes will be treated,
the Applicant shall assure this office it has, or will have in effect
when the project will be operated, an equitable system of cost recovery
for the industrial waste contribution in accordance with Paragraph 601.34
(c) "I n d ustria l Waste Treatment", as published in the Federal Register,
Volume 35, Number 128, dated July 2, 1970.
WHEREAS, the Applicant City of Englewood also hereby gives
assurance to the Commissioner of the Federal water Pollution control
Administration as follows:
A. That actual construction work will be performed by the lump
sum (fixed price) or unit price contract method, that adequate methods of
obtaining competit i ve 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 notif i ed:
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:
0. Th ilt .my rh.mqc or c hilnges in the contract wh ich ma ke 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:
*obtains a signed copy of "Certificate of Nonsegregated Facilities" from each
subcontractor prior to the award of any Federally assisted subcontract
exceeding $10,000 which is not exempt from the provisions of the Equal
Opportunity clause.
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E. That the construction of the project, including the letting
ol co nlL...acl~ i n cunnc cliun lhc r ewilh, shnll conform to the ap plicable
requirements of State, territorial and local laws and ordinances:
F. That the construction contract will provide that the repre-
sentatives of the Federal water Pollution control 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:
II. Th~l ~dcq u alc ...accounting a nd fi scal 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, an d 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 dqcuments and information as
they may require jn conne ction 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 Hours 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
lh c Commi ss ion e r hi H .ibilily to pay t he remajning cost of t he 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 declaration, assurances, representations and state-
ments 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
lo i ls opc r .. alion ..al .iny rc.iso n 1e1ble tjme fol low i ng complet io n o f construction
for the purpose of inspecting the operation and maintenance of the project:
P. The Appl icant agre es 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.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD, COLORADO, as follows:
1. That the Conditions numbered 1 through 9 outlined above are
agreed to by the City of Englewood in its acceptance of the within Federal
grant.
2. That the Assurances listed in A through P above are hereby
agreed to by the City of Englewood in its acceptance of the within Federal
grant.
3. That the Mayor of the City of Englewood is hereby authorized
and directed to accept the offer in the amount of $283,930.00 from the
commissioner of the Federal water Pollution control Administration, acting
in behalf of the United States of America.
ADOPTED AND APPROVED this 19th day of April, 1971.
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/\TTt-;ST:
I, Stephen A. Lyon, ex officio City Clerk of the city of Englewood,
State o( Colorado, do hereby certify that the above and foregoing is a true,
.11 ·r·11t"'' •" .rnrl rnmpl~t ~ rnpy nf Rc~olution No. 17, Seri~ 1971.
EX oPF"lc!o CITY CLER~
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