R-70-164•
RESOLUTIONS
RESOLUTION N0. 164
1
N~ 237
WHEREAS, the City of Clermont, Lake County, Florida, is
involved in a Comprehensive Sanitary Sewer Program, and
WHEREAS, the City has applied for and has been offered
a grant from the Federal Water Pollution Control Administration
in the amount of ONE HUNDRED EIGHTY-SIX THOUSAND DOLLARS,
(186,000.00), and
WHEREAS, it is necessary and expedient that the City
accept this offer,
THEREFORE, be it resolved by the City Council of the
City of Clermont, Florida, that the Honorable DON E. SMITH, MAYOR,
be and he hereby is authorized to accept the foregoing grant on
the terms and conditions set forth therein and to execute whatever
documents necessary and proper to effectuate the same.
ADOPTED at a regular meeting of the City Council of
the City of Clermont, Lake County, Florida, held on July 14, 1970.
0 ores W. Carro ty erk
City of Clermont, Florida
U. 5. DEPARTMENT OF THE INTERIOR FORM APPROVED
FEDERAL WATER POLLUTION CONTROL ADMINISTRATION BuDCEr BUREAU N R1510
OFFER AND ACCEPTANCE OF FEDERAL GRANT FOR SEWAGE TREATMENT WORKS
UNDER 33 U.S.C. 466 et seq.
PART A SECTION 1 -OFFER
PROJECT NUMBER
1. LOCATION OF PROJECT (Stele, County, City)
2. LEGAL NAME AND ADDRESS OF APPLYING AUTHORITY
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3. PROJECT FINANCING UNDER TERMS OF THIS OFFER
Total estimated project cast
Estimated projact cost eligible for Federal participation
FEDERAL GRANT OFFERED
-- - --
4. DESCRIPTION OF PROJECT
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Consideration having been given by the Commis sinner of the Federal Waterpollution Control Administration to (a) the application sub-
mitted by the Applicant pursuant to Section 8 of the FederalWater Pollution Control Act, as amended (33 U.S.C. 466 et se q. ), (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 detennined that the State water pollution control agency has approved the project and certified that it is entitled to priority
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:
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
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.
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1
GRANT CONDITIONS
a. All measures required to minimise water pollution to affected waters shall be undertaken in the planning and construcrion processes of
the treatment plant.. Asy grant shall be subject to requtrements o[ regulations and recommendations issued under Section 7 of Executive Order 11288, July 2,
1988 (F.R. Doc. 88-7480) which provides that federally assisted scrivlries shall be performed pursuant to regulations and recommendation made by the
Department of the Interior coveripg grant practices designed to reduce water pollurion.
b. Any grant awarded under this subpart shall be subject to the requirements of Executive Order 11248, September 24, 1985 (30 F.R. 12319),
which provides for nondiscrimination in federally assisted construction contracts, and with applicable rules, reguLrions, sad procedures prescribed pursuant
thereto.
c. Any grant awarded under this subpart shall be subject to the requirements of Title VI o2 the Civil Rights Act of 1984 (78 etat. 252; Public
Law 88-552) which provides that no person in the UMted States shall on the ground of race, color, or national origin be excluded from participation in, be
denied the benefits of, any program or activity receiving Federal financial assistance (Sec. 801); and shall be subject to the implementing regularion issued by
the Secretary of the Interior with the approval of the President (43 CFR Part 17).
d. The construction contract will regntre the contractor to comply with the regulations o1 the Secretary of Labor made purauaat to the Davis-
Bacon Act of March 3, 1931, as amended (40.U.S.C. 278a through 2?8a-5), the Anti-Kickback Act of June 13, 1934, as amended (40 U.S.C. 278c), and the Contract
Work Hours Standards Act of August 19, 1982 (40 U.S.C. 327-330) and any amendments or modifications thereto.
ASSURANCEB FROM APPLICANT
The Applicant hereby gives assurances to the Commissioner of the Federal Water Pollution Control Adminiatration~
a. That actual construction work will be performed by the lump sum (fixed price) or emit 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 responsi-
ble bidder submitting the lowest acceptable bid, which shall be determined without regard to State or local law whereby preference ie given on factors other
than the amount of the bid;
b. That the project wlll not be adverrised or placed on the market for bidding until the final plane 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 a+d payment bonds, the amount of which shall each be
in an amount not less than 50 per canton (50 percent) 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 in the contract which makes any major alteration in the work required by the plans and specifications, or which raises
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 conatru_ ction of the project, including the letting of contracts in connection therewith, shall conform to the applicable require-
ments of State, territorial, and local laws and ordinances except ae provided in paragraph (a) of this section;
f. That the construction contract will provide that representatives of the Administrarion 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 plane and specifications;
h. That records will be maintained which full disclose the total coat of the project, the amount, source and disposition of all funds received
for payment of project construction costa, ae well as such other records as the Commissioner may prescribe to facilitate an effective audit; such records
shall be retained for three years, following final payment of the Federal share or such other period as the Commissioner shall prescribe;
i. That all funds granted pursuant to this subpart shall be expended solely for carrying out the approved project;
j. That the Secretary, the Commissioner and the Comptroller General of the United States, or any of their duly authorised representatives,
shall have access, for the purpose of audit and examination, to any hooka, documents, papers, aid records of the grantee that are pertinent to grants received
under this subpart, and the grantee shall submit to the Secretary, the Commissioner or the Comptroller General of the United Staten such documents and in-
formation as they may require 1n connection with the project;
k. That the Applicant will demonstrate to the sariefacrion of the Commissioner his ability to pay the remaining coat of the project;
1. That the Applicant will demonstrate to the satisfaction of the Commissioner that he has or will have a tee simple or such other estate
or interest in the site of the project, and rights of access, as the Commissioner finds sufficient to assure undisturbed use and possession for the purpose of
construction and operation for the estimated life of the project;
m. That the declarations, assurances, representations, and statements made by the Applicant in the application, aid all documents, amend-
ments, and communications filed with the Adminiatrarion by the Applicant in support of its request for a grant, will be fulfilled;
n. That the Applicant will permit the Administration or its authorised agents to have access to the project permanently and the records
pertaining to its operation at any reasaa~able time following the completion of construction for the purpose of inspecting the operation and maintenance of the
project;
o. That the Applicant agrees to construct the project in accordance with the application and plans and specifications approved by the
Commissioner.
,~
' That the construction contract will provide that th repre entatives of the Federal Water pollution Control
• Administration and the State will have access to a work herever it is in preparation or progress and that
contractor will provide proper facilities for such ccess an inspection;
G. That the Applicant will provide and maintain co patent and dequate engineering supervision and inspection at
the project to insure that the construction confo s with the proved plans and specifications;
H. That adequate accounting and fiscal records w'll be maintaine which fully disclose the amount, receipt, and
disposition of the grant assistance provided, t e total cost of project in connection with which the grant has been
offered, the amount and identification of that onion of the cost f the project supplied from other sources, and such
other records as the Commissioner may presc ibe to facilitate an effective audit;
I. That all funds granted pursuant to the Feder I Water Pollution Co trol Act shall be expended solely for carrying out
the approved project;
J. That the Commissioner and the Comptrolle General of the United ates, or any of their duly authorized
representatives, shall have access for the purpose of audit and exa ination to any books, documents, papers, and
records of the grantee that are pertinent t grants received under th Act, and the grantee shall submit to the
Commissioner or the Comptroller General of the United States such currents and information as they may require
in connection with the project;
K. That the construction contract will requ re the contractor to comply wi the regulations of the Secretary of Labor
made pursuant to the Davis-Bacon Act f March 3, 1931, as amended (0 U.S.C. 276a through 276a-5), the
Anti-Kickback Act of June 13, 1934 (4 U.S.C. 276c), and the Contract Work Hours Standards Act of August 13, 1962
(40 U.S.C. 327-330), and any amendm nts or modifications thereto, to c se appropriate provisions to be inserted
in subcorrtracts to insure compliance erewith by all subcontractors subj ct thereto, and to be responsible for the
submission of statements required of ubcontractors thereunder, except as the Secretary of Labor may specifically
provide for reasonable limitation, var'ations, tolerances, and exemptions fr m the requirements thereof;
L. That the Applicant will demonstrate o the satisfaction of the Commissioner is ability to pay the remaining cost of
the project;
M. That the Applicant will demonstrate t~ the satisfaction of the Commissioner that he has or will have a fee simple
or such other estate or interest in the -~ 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.
SECTION III -ACCEPTANCE
ON BEHALF OF (Legal Neme of Applicant)
CITY OF CLERMONT, COUNTY OF LAKE, FLORIDA 32711
I, the undersigned, bein authorized to take such action, as evidenced by the attached CERTIFIED COPY OF
AUTHORIZATION BY E A LICANT'~ ING BODY, do hereby accept thia offer and make the assurances
contained herein.
SIGNATURE OF REPRESENTATIVE
DATE
NAME AND TITLE OF REPRESEN TA TI VE (Type of print)
7/15/'70
FWPCA-8a (Rav. 3-67) (Page 3)
6U. S. GOVERNMENT PRINTING OFFICE ; 1989 O - 919-108