04-02-71 Council Special Meeting Minutes

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R a39 SPECIAL MEETING APRIL 2, 1971 RESOLUTION NO. 270 -71 (Continued) NOW THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA: 1. That Lloyd M. Allen, Mayor of the City of South Bend, is hereby authorized by the Common Council of the City of South Bend, to accept the grant offer of the Environmental Pro- tection agency for sewage works improvements; 2. That Lloyd M. Allen, Mayor of the City of South Bend, Indiana, be and he hereby is authorized to sign such documents as may be necessary, including the offer and acceptance form, as the representative of the Common Council and the City of South Bend in all matters pertaining to the sewage works improvements; 3. That, actual construction work will be performed by the lump (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. 4 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 of the Water Quality Office and the appropriate State agency, and the City of South Bend has been so notified; and 5. 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; 6. 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 of the Water Quality Office, will be submit- ted to the Commissioner for prior approval. 7. That the construction of the project, including the letting of contracts in connection therewith, shall confirm to the applicable requirements of State and local laws and ordinances; 8. That the construction contract will provide that the representatives of the Water Quality Office 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; 9. That the City of South Bend 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; 10. 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 identifica- tion 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; 11. That all funds granted pursuant to the Federal Water Pollution Control Act shall be expended solely for carrying out the approved project; 12. 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 examina- tion 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 of the Water Quality Offices or the Comptroller General of the United States such documents and information as they may require in connection with the project; 13. 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 (40USC276a through 276a -5), The Anti - Kickback Act of June 13, 1934 (40USC 276c), and the Contract Work Hours Standards Act of August 13, 1962 (40USC327 -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 exemp- tions from the requirements thereof; 14. That the City of South Bend will demonstrate to the satisfaction of the Commis- sioner its ability to pay the remaining cost of the project; 15. That the City of South Bend will demonstrate to the satisfaction of the Commis- sioner that it 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 opera- tion for the estimated life of the project;