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50RESOLUTION NUMBER 5Q RESOLUTION ACCEPTING THE OFFER IN CONNECTION WITH PROJECT NUMBER WPC-FI.A-115 (Zero Pick-up) FROM U.S. PUBLIC HEALTH SERVICE WHEREAS, There has been filed with the Government in behalf of the City of Edgewater, Florida (hereinafter called the Applicant) an application, Project Number WPC-FIA-115 (Zero Pick-up) for a Federal Grant for Sewerage Treatment Works: and WHEREAS, the U. S. Public Health Service has transmitted to the Applicant for acceptance an offer effective May 28, 1964 of Federal Assistance in connection with the Project referred to in said application and described in said offer; and WHEREAS, said Offer has been fully considered in accordance with all pertinent rules of procedure and legal requirements, and made a part of the Applicants public records; and WHEREAS, it is deemed advisable and in the public interest that said Offer be accented. NOW THEREFORE, Be it resolved by the City council of the City of Edgewater, Florida that the said offer, a true and correct copy composed of parts A and B thereof including the special conditions as hereto attached, be and the same are hereby accepted without reservations or qualifications. SECTION 1. This resolution shall take effect immediately upon its passage, by the City Council of the City of Edgewater, Florida. SECTION 2. That all resolutions in conflict herewith be repealed. The above and foregoing resolution was presented by Councilman Ridzdill , who moved its adoption; said motion being seconded by Councilman __TLngle . Upon roll call vote,said resolution was duly declared adopted at the recessed meeting of said Council held on the loth day of June, A.D. 1964; the vote of said Council on said roll call being as follows: ATTEST: ITY CLERK 0 COUNCILMN -- (50UNCILMAN PHS"N"' t REV.1-63 Department of FORM RPFlOVED HEALTH, EDUCATION, AND WELFARE BUDGET BUREAU No. 66-R614 PUBLIC HEALTH SERVICE PROJECT NO. WPC-Fla-115 (Zero Pick -Up) OFFER AND ACCEPTANCE OF FEDERAL GRANT FOR SEWAGE TREATMENT WORKS PART A UNDER 33 U.S.C. 466 at seq. SECTION I OFFER A LOCATION OF PROJECT (Stone, County, City) Florida, Volusia, Edgewater B. LEGAL NAME AND ADDRESS OF APPLYING AUTHORITY (herein called the "Applicant") City of Edgewater Edgewater, Florida G PROJECT FINANCING UNDER TERMS OF THIS OFFER Total estimated p,eje& cast .................................... $ 557,000.00 Estimated project cost eligible far Federal participation ................. $ 542,000.00 FEDERAL GRANT OFFERED.......... .....$ 162,600.00 . .. .. .... ...... ... .. D. DESCRIPTION OF PROJECT PROPOSED FOR FEDERAL PARTICIPATION: A secondary sewage treatment plant, interceptor sewers, pumping stations, and force maihs consisting Of: 1. A. 0.42 WD sewage treatment plant: a. Shredder b. Primary tanks c. Trickling filter fi. Secondary tanks e. Digester f. Drying beds g. Chlorination equipment 2. Interceptor sewers: 1211 - approx. 4,360 lin.ft. 8" - approx. 12,201 lin.ft. 3. Seven (7) pumping stations 4. Force mains: 12"—,approx. 4,100 lin.ft. 81' - approx. 3,820 lin.ft. 6" - approx. 4,490 lin.ft. 311 - approx. 2,800 lin.ft. Consideration having been given by the Surgeon General of the Public Health Service to (a) the application submitted by the Applicant pursuant to Section 6 of the Federal 'Hafer Pollution Control Act, as amended (33 U.S.C. 466 et sec.), (b) the public benefits to be derived by the construction of this prole&, (c) the relation of the ultimate cost of constructing and maintaining the worse 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 construc. tion thereof, and it having bean determined by the Surgeon General that such project (a) is in conformity with the approved State water pollution central plan submitted pursuant to Section 5 of the Act, (b) meats the criteria for Federal aid specified in Section 55.28 of the regulations, and (c) Is included in a comprehensive program developed pursuant to the Act, and the Surgeon General having further determined that one State water pollution control agency has approved the project and codified that it is entitled to priority over other eligible projects on the basis of financial as well as water pollution control needs; The Surgeon !moral of the Public Health Service, acting imbaholf of the United States of Amerlca, hereby offers: To make a Federal Fear to the above named Applicant subject to the assurance Included In this document as Section 11, in order to aid in financing the construction of the project pursuant to the Federal Water Pollution Control Act, as amended. The amount of the Federal grant will not exceed 30 per cent of the estimated reasonable cost of the project or $600,000,whichever is lees, except that where a project will serve a than one municipality, each participating municipality's share of the ew pense shall be treated as if It were a separme project for the purposes of determining the total of the grant to be made in such Instances, said individual shares, in turn, being subject to the percentage and dollar limitations for Individual grants first hers- inabove mentioned, and the total of all amounts so determined or $2,400,000, whichever is the smalle,, shelf be the maximum grant that may be made for each project serving more than a e municipality; provided, further, that In the event the actual r Boone. ble an oI an, p,ajecp as determined bym the Surgeon Ganal upon completion of construction, is less than the estimated reasonable cost upon which the grant offer i s based, such actual cost shall be used ro determine the amount of the Federal grant, and the grant shall be reduced as necessary to conform with the limitations harelnabove cited. In addition, this Offer is mad...biact to <emPl etlen of Part B of this Offer and Acceptance and the following aanditions: *1. That Assurances A, B, and C contained in Section II of this Offer are waived and in lieu thereof the City of Edgewater, Florida hereby gives assurance to the Surgeon General of the Public Health Service; A-1. 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 have been employed prior to award of the construction contracts, and that the award of the contracts was made to the responsible bidder submitting the lowest acceptable bid; B-1. That the project was not advertised or placed on the market for bidding until the final plans and specifications were approved by the Florida State Board of Health, and the Applicant was so notified; and C-1. That the construction contract requires the contractor to furnish Performance and Payment bonds, the amount of which each was in an amount not less than fifty percentum (50%) of the contract .price and to maintain during the life of the contract adequate fire, extended coverage workmen's compensation, public liability .and_ property damage insurance. 2; That the Applicant submit concurrently Parts A h)B of the Offer and Acceptance within 15 days of the date of this Public Health Service Grant Offer. ' 3. That the Applicant; A. Receive approval by the Public Health Service of final plans and specifications, and proposed bidding and contract documents. B. Submit satisfactory documentary evidence that title and/or easements to the sites have been acquired. C. Submit information which satisfactorily demonstrates the availability of funds, other than Federal Grant funds, to pay the remaining costs of the project. This offer must be accepted, if at ell, on or be$.. June 19, 1964 Far the United States of Americo, Public Health Service: June 4, 1964 'ram 6MzQf Regional Health Director (Do,.) (Far the Su..... General) (Title of Officer) a�y7 H. Be Cottrell, M. D. Population Category - Under 125,000 PHS-2690-1 REV. 1-63 (Page 2) SECTION II ASSURANCES The Applicant hereby gives aasurmca to the Surgeon General of the Public Health Servitor A. That actual construction work will be performed by the lump sum (fixed price) or unit Price contract method, that ade- quate methods of obtaining competitive bidding will be employed prior to awarding the construction contract, and that the award of the contract will be mad. to the reapomible bidder submitting the lowest acceptable bid; 3. That the project will net be advertised or placed an the market forbidding until the final plans and specifications have been approved by the Surgeon General and the .....print. State agency, and the Applicant has been so notified; C That the construction contract will rewire the contractor to furnish performance and payment bonds, the amount of which shall each be In an amount not less than fifty pacentum (50,) of the mntrs& price, and to maintain during the life of the contract adequate fire, and extended coverage, workmen's compen .atlas, public liability and property damage insurance; r a That my chaps changes in the contract which make any major alteration In the work rewired by the plans and specl- ficatim., or Rich raise the coo of the project above the latest estimate approved by the Surgeon General, will be sub. " rftred he the Surgcon General 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; F. That the construction contract will provide that the representatives of the Public Health Service and the State will have «ass tu the work wbe,.., It 1. 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 insp^ction at the proj- so to Insure that the construction conforms with the approved plans and specifications, If. That adequate accounting and fiscal records shall be maintained to reflect the receipt and expenditure of funds for the purpose of this project and all funds, however provided for the payment of the cost of the project, shall be .edited, promptly upon receipt thereof, in a separate construction account or accounts and these funds shall be expanded only for cost. of the ".]act; 1. That the declarations, assurances, representations and outsmart. made by the Applicant in the application, a d all documents, amendments and cornmunications filed with the Public 4ea1th Sarvlca by the Applicant in support of its quest far a grant, will be fulfilled; J. That the Applicant will submit to the Surgeon General such documents and information as he may require; K. That construction contracts In excess of $2,000: will prescribe the minimum rates of pay for laborers and mechanics engaged in the construction of the project as determined by the Secretary of Labor por.... t to Section 6(f) of the Federal Water Pollution Control Act, (33 U.S.C. 466e) and in accordance with the Dovls-Bacon Act, 140 V.S.C. 276. through .-5); shall contain the stipulations and provisions contained in Section 55.32 of the PHS Regulations (42 CFR, Part 55, Subpart B); and that all construction contracts, regardless of amount, willrequire the Contractor to comply with the Regulations of the Secretary of Labor made pursuant to the Contract Work Hours Standards Act, (40 V.S.C. 327 at seq.), the Anti.Kfckback Act of Jun. 13, 1934, (40 U.S.C. 276c), and any amendments or modifications thereto, to cause apprapriate provision. to ba inserted In s.bconiracts to insure compliance therewith byy all subcontractors subject there. fg ndrabs responsible for the s bmission of atatemenis required of subcontractors tin reunder, except as the Secretary C e( Labor may specifically provide fo...... noble limitations, variations, tolerances, and exemptions from the require. ments thereof; L. A of the Applicant will demonstrate to the satisfaction of the Surgeon General his ability to pay the remaining coot of the project; k Thoth. Applicant will demonstrate to the satisfaction of the Surgeon General 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 Surgeon General Inds sufficient to assure undisturbed use and possession for the purposes of construction and operation for the estimated life of the project; and In the case of projects serving more than one municipality, that the participating communities have such interests or rights as the Surgeon Gmaral finds sufficient to assure their undisturbed utilization of the project for the estimated life of tins project. 11. The Applicant agrees to construct the projector case It to be constructed to final completion in accordance with the a licatlon and plans andsg cllications app�aysd by the Surgeon General. *Aas�tPirances A B anC l: are waive apA in lieu thereof the Applicant gives assurances Co A-1, B-1,'and C-1 on reverse side SECTION III ACCEPTANCE On behalf of I, the undersigned, being duly authorized to take each action, as evidenced by the atr«had CERTIFIED COPY OF AUTHORIZATION BY THE APPLICANT'S GOVERNING BODY, do hereby accept this offer and make the amury once. contained therein. June 10. 961, (3 '.) Dana T. Armstron 1.4a r PHS-W99.1 (Pape 3) ('Irma and Title at i:epresant.tive- Type or Print REV. 153 g ADDITIONAL.ASSURANCE In compliance with Executive Order No. 11114, the Applicant hereby gives addi- tional assurance to the Surgeon General of the Public Health Service that: The applicant hereby agrees that it will incorporate or cause to be incorporated into any construction contract for construction work paid for in whole or in part with funds obtained from the Federal Government pursuant to a grant the provisions prescribed for Government contracts by section 301 of Executive Order 10925 as amended. The applicant further agrees that it will assist and cooperate actively with the Department of Health, Education and Welfare and the President's Committee on Equal Employment Opportunity in obtaining the compliance of contractors and subcontractors with said contract provisions and with the rules, regulations and relevant orders of the Committee, will obtain and furnish to the Department of Health, Education and Welfare and to the Committee such information as they may require for the supervision of such compliance, will enforce the obligations of contractors and subcontractors under such provisions, rules, regulations and orders, will carry out sanctions and penalties for violation of such obligations imposed upon contractors and subcontractors by the Committee or the Department of Health, Education and Welfare and will refrain from entering into any contract subject to this ordet or extension or other modification of such contract with a contractor debarred from Government contracts under Part III, Subpart D of Executive Order 10925. The applicant also agrees that in the event he fails and refuses to comply with his uddertakings, the Department of Health, Education and Welfare may cancel, terminate or suspend in whole or in part this grant, may refrain from extending any further assistance under any of its programs subject to E.O. 11114 until satisfactory assurance of future compliance has been received from such applicant or may refer the case to the Department of Justice for appropriate legal pro- ceedings. RO-4-432-64 (Signature Representative) PHS-2690-2 Department of FORM APPROVED REV. 1-63 HEALTH, EDUCATION, AND WELFARE BUDGET BUREAU NO. 68-R614 PUBLIC HEALTH SERVICE _ PROJECT NO. WPC-Fla-115 (Zero Pick -Up) OFFER AND ACCEPTANCE OF FEDERAL GRANT FOR SEWAGE TREATMENT WORKS UNDER 33 U.S.C. 466 at seq. (See Instructions on page 3) PART B - SUPPLEMENTAL PROJECT INFORMATION NOTE: The CONTRACT SHALL NOT BE AWARDED UNTIL PART B AND ATTACHMENTS HAVE BEEN APPROVED by the Public Health Service and, where required, by the appropriate Seaee agency. Therefore, the Apvll eaat should submit this form and the required attachments as soon as possible after bids are opened. The prompt submission of this form will give the State agency and the Public Health Serviu aoffkient time to approve Part B and to notify the Applicant that the contract may be awarded before the time period expires within which bids must be accepted. Part B should present all information necessary to Indicate fulfillment of all conditions to the offer included in Pan A of the Offer and Acceptance. A. Location of project (State, County, City) Florida, Volusia, Edgewater B. Legal name and address of Applying Authority (herein called the "Applicant") City of Edgewater Edgewater, Florida C. Summary of major changes (if any) in the project since grant offer was accepted. None D. Have there been my changes in the final plans and specifications since date of approval by the Public Health Service? No If so, have these changes been approved by the Public Health Service? E. Sits data: ' 1. If not previously submitted, (a) Attach a legal description of the site on which project is to be constructed. (b) Attach an opinion signed by competent'title counsel desdribing the interest the Applicant has in the site, including information as to any easements and rights of way, and certifying that the estate or interest is legal and valid. The opinion should also include information as to whether or not ' " (1) The Applicant (or the present owner if fee simple title has.not been or is not to be acquired) has good and valid title to the entire site (excluding easements and rights of way) free and clear of any p.e-existing mortgages, dead. of trust, liens, or other encumbrances which would affect the value or asefurness of the site for the purpose' inteeded; and (2) Any deeds or documents required to be recorded in order to protect the till* of the owner and the interest of the Applicant have been duly recorded or filed for record wherever necessary. - F. Project cost estimate summary Total Project 1. Construction* la) Contract No. 1 ...................E 764,262.50 (b) Contract No. 2 ...................S 86,267.00 (c) Contract No. 3 ...................s 175,000.00 (d) Contract No. 4 Wates. plant 3mp=nvementss 19065.00 (a) Contract No. ...................s (f) Later Contracts . . . . . . . . . . . . . . . . . . . . . . . $ (g) Equipment and Materials .................E (sub.tmal)........................$1,045,094.50 2. Technical service.. ............ . r .........E 122,482.09 3. Legal and Fiscal ........................E - 13,000.00 4. Adminlatr.tiv...........................s 18,000.00 S. Contingency .. • • • . • ..... • • ...... • • • • . . . $ 193,943.41 6. other (specify). Capitalized. interest ......s 79,380e00 7. Sit .................................. E 13.700.00 For Grant Participation $ 206,042.80 E 86,267.00 $ 175,000.00 f f $ 467,309.80 $ 42,000.00 E '5,00w00 $ 2,500.00 E 25,190.20 R. Total................................E1,485,600.00 $ 542,000.00 'EXPIRATION DATE FOR WAGE DETERMINATION July 8 1964 G. Attach the following information: 1. A detailed breakdown supporting the project cost estimate summary. 2. Tabulations of all bids received. 3. Copies of the bid or bids the Applicant wishes m accept. 4. Evidence of advertising. H. Funds available forconstrucrion ofthe project. 1. Cash (including net receipts from bonds said) ................... E 2. General obligation bonds ................................ S 3. R.ven.e beads or certificates ............................. $ 1,323,000.00 4. Other (specify) ...................................... E 5. Federal grant ....................................... $ 162,600.00 6. Total ............................................. $ 1,485,600.00 The undersigned representative of the Applicant certifies that the Information contained above and in any attached statements and materials in support thereof, istrue and correct to his best knowledge. .Tune 10, 1964 (Do,.) (Sign.,... of Am6mi..d Rep ..... tativa) Dina Ts Armstrong, Mayor (Name and Title of Repr... nrativ. - Type or Print) PHS-2690-2 (P.ge 2) REV. 1-63 INSTRUCTIONS DO NOT AWARD CONTRACTS UNTIL PART B AND ATTACHMENTS HAVE BEEN APPROVED by the Public Health Service and, whore requbed, by the appropriate State ogenay. Three copies of Part B are to be submitted to the Public Health Service through the State agency, where required, with required supporting documents as soon as possible after wnstructien bide are opened. C. Describe briefly any major changes in the project since the grant offer was accepted which have resulted in a functional change (e.g. from activated sludge process to high -rate filters) or a change in the cast of the pro iact. F. Proiect cost estimate summary. Be sure to enter date of expiration of wage determination. The "Total Project" column Is Intended to show total cost afthe project whether or not such casts are eligible for Federal grant assistance; the "For grant participation" column Is to include only those costs in which the Federal government is participating. 1. (a) to (e) — Enter the amount of the Md or bids the Applicant wishes to accept. If these are not the lowest bids received, full jusification for award to other than the law bidder must accompany the farm. 1. (O _ If other construction contracts for this project hove been awarded or will be awarded at a later date, enter the actual or estimated coats as applicable. 1. (9) — If equipment or materials are to be or have been purchased outside the construction contracts, enter the estimated or actual costs as applicable. 2. to 4. _ If not previously submitted, attach copies of any applicable contracts or agreements; If formal agreements do not exist, provide Information regarding the basis for determining such costs. H. Funds available for construction of the project. 2 and 3 — Enter the amount of general obligation bonds and revenue bonds or certificates outharized but not yet sold. 5 — Enter the amount of the grant offered, or if Item "FO — For Grant Participation' above is less than the amount upon which the grant offer was based, the amount which con be supported by the new cost figures. S — Total funds available must equal or exceed item "Fg _ For Grant Participation" above. The form must be signed by the Applicant's authorized representative. PHS-2590-2 (Page 3) REV. 1-63