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HomeMy WebLinkAboutAuthorizing acceptance of a grant offer by the Environmental Protection Agency, designating the signatory by name and title and providing assurances required as a consideration in the grant offer RESOLUTION ,vu. 270-71 Passed by the Common Council of the City of South Bend, Indiana, April 2, 19 71 Attest: Ci Jerk Attest: �1'�— President of Common Council. Presented by me to the Mayor of the City of South Bend, Indiana 19 Ci Clerk Approved and signed by me 19 Mayor RESOLUTION NO. 270-71 A RESOLUTION AUTHORIZING ACCEPTANCE OF A GRANT OFFER BY THE ENVIRONMENTAL PROTECTION AGENCY, DESIGNATING THE SIGNATORY BY NAME AND TITLE AND PROVIDING ASSURANCES REQUIRED AS A CONSIDERATION IN THE GRANT OFFER. WHEREAS, the City of South Bend is considering the construc- tion of certain sewage works improvements, and WHEREAS, pursuant to an Act of Congress commonly referred to as Public Law 660, Federal funds are available in the form of an outright grant for certain stream pollution abatement projects, and WHEREAS, the Federal Environmental Protection Agency has sent a grant offer in the amount of $3, 060, 250.00 to the City of South Bend for the purpose of sewage works improvements; and WHEREAS, the said Agency requires that said grant offer be either accepted or rejected by the duly authorized representative of the City of South Bend on or before the 12th day of April, 1971; and WHEREAS, the said Agency also requires certain assurances be made by the South Bend Common Council as a condition to the grant offer, 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 Protection 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 repre- sentative 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 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; 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 specifica- tions, or which raise the cost of the project above the latest estimate, approved by the Commissioner of the Water Quality Office, will be submitted to the Commissioner for prior approval; 7. That the construction of the project, including the letting of contracts in connection therewith, shall conform 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 identi- fication 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 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 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 (40USC276c) , and the Contract Work Hours Standards Act of August 13, 1962 (40USC327-330) , and any amendments or modifications thereto, to cause appropriate prc visions 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; -2- 14. That the City of South Bend will demonstrate to the satisfaction of the Commissioner its ability to pay the remaining cost of the project; 15. That the City of South Bend will demonstrate to the satisfaction of the Commissioner that it has or will have a fee simple or such other estate or interest in the site of the project, includ- ing 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; 16. That the declarations, assurances, representations and statements made by the City of South Bend in the application, and all documents, amendments and communications filed with the Water Quality Office by the City of South Bend in support of its request for a grant, will be fulfilled; 17. That the City of South Bend will permit the Water Quality Office 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; 18. That the City of South Bend 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; 19. That the City of South Bend agrees to provide a sign for identification of this project in accordance with specifications to be furnished by the Water Quality Office; 20. That the facility will be maintained and operated in accordance 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 treat- ment works; 21. That the City of South Bend hereby assures the Water Quality Office that it 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 Register on July 2, 1970; 22. That the City of South Bend will implement a study leading to recommendations for correction of the problem of high infil- tration rate in the low area in the western part of the city; 23 . That the project will be ready for construction within 90 days of acceptance of the grant offer; 24. That the City of South Bend will authorize its consult- ing engineer to prepare an operation manual describing the functions -3- and controls for each process in the specific plant, plus physical and laboratory controls, maintenance and personnel requirements necessary to operate the facility at maximum effectiveness; 25. That the City of South Bend agrees to abide by the recommendations of the operation manual as approved by the State and the Water Quality Office; 26. That the City of South Bend will authorize its consult- ing engineer to provide on-the-job training to instruct plant employees in the operation of equipment, coordination of the laboratory with plant controls, and other functions for which plant personnel will be responsible. This training will include the initial "start-up" phase; 27. That the City of South Bend shall within 30 days of acceptance of the grant offer, prepare and submit a statement based on an evaluation of the impact of this specific project on the environ- ment in accordance with P. L. 91-190; 28. That the existing treatment plant will continue in operation and provide treatment at least equal to existing treatment until such time as the new treatment facilities are placed in operation; 29. That action will be taken to correct existing infiltra- tion including the enactment of an enforceable sewer use ordinance to eliminate existing and prohibiting future clear water connections to separate sanitary sewers, and that prior to discharge to public sewers all industrial wastes be pretreated to a level of strength and toxicity amenable to treatment with do stic waste or otherwise be excluded from the sewerage system. Member 6f the Common Council 1st & 2nd READING 4-2-71 COMMITTEE OF THE WHOLE PUBLIC HEARING 4-2-71 3rd READING NOT APPROVED REFERRED PASSED 4-2-71 FILED IN CLERK'S OFFICE -4- MAR 3 Q 19 71 KATHRYN L. BLOUGH CITY CLERK, SOUTH BEND, IND. i arni ! y� CIV CITY OF SOUTH BEND ' •r1Vc; SOUTH BEND, INDIANA LLOYD S. TAYLOR P.E. CITY ENGINEER COUNTY-CITY BUILDING SOUTH BEND. IND. 46621 March 25, 1971 AREA 219 284-9251 r MEMO TO: Members of the Common Council SUBJECT: Wastewater Treatment Plant Expansion As announced by Mayor Allen, the city has received an offer from the Environmental Protection Agency of the Federal Government to assist in financing the construction r of the Wastewater Treatment Plant Expansion. Their participation is in the amount of $3,060,250.00 which results from a 50 percent grant of the original application plus a 10 percent bonus because of MACOG and our compliance with a regional plan. To avail ourselves of this offer, two items must be accomplished by April 12, 1971 . First, the grant offer must be accepted by the Mayor. Secondly, a resolution must be adopted by the Common Council which assures the Federal Government that certain .procedures will be followed and standards will be met. As you may have noted, the deadline for the receipt of the accepted grant offer at the federal office is the same day as the next regularly scheduled meeting of the Common Council . Therefore, Mr. Robert Laven, President of the Common Council , has scheduled a special meeting of the Common Council on Friday, April 2, 1971 at 9:00 A. M. in the Council Chambers to consider this resolution. Prior to this formal meeting, a caucus meeting is scheduled for Monday evening , March 29, 1,971 at 7:30 P. M. in the Council Caucus room. At this informal meeting, we plan to have a representative of Bache and Company to discuss the problems associated with page 2. the bond issues that the city must issue for this project. Also, representatives of Clyde Williams and Associates , the consulting engineer on this project, are expected to attend. Finally, the Board of Public Works and Safety will be represented. For your information, a table indicating the amount of participation of the three government organizations is enclosed. As may be noted, the local participation is much in excess of 25 percent of the total project cost due to increased costs and additional equipment that was found to be required after the original request was made. The total project cost has increased primarily due to inflation, as only about 10 percent of the increase is due to additional equipment. In addition, we plan to have a copy of the proposed resolution in your hands as soon as possible so that you may have a reasonable time for review. Finally, let me encourage you to participate actively in this project. Timing is ! vital and critical to this undertaking. The alternatives to accepting this offer are almost too grim to contemplate. For this reason, please make every effort to attend these meetings. Very truly yours, �J David A. Wells DAW/mkm r At ESTIMATED COSTS - FEBRUARY 1971 CONSTRUCTION $ 6,900,000 TECHNICAL SERVICES 558,900 7 LEGAL & FISCAL 44,850 CONTINGENCY 345,000 TOTAL PROJECT COST o 75 FEDERAL PARTICIPATION 1 ORIGINAL TOTAL PROJECT COST 5,565,600 AMOUNT ELIGIBLE FOR FEDERAL CONSIDERATION 5,564,100 50 OF ELIGIBLE AMOUNT 2,782,050 10% OF $2,782,050 DUE TO MACOG 278,200 TOTAL FEDERAL GRANT 3,060,250 STATE PARTICIPATION 25 OF AMOUNT ELIGIBLE FOR FEDERAL CONSIDERATION 1 ,391 ,025 APPROPRIATED-FISCAL 1970-1971 350,000 BALANCE-FISCAL 1971-1972 1 ,041 ,025 TOTAL STATE GRANT 1 ,391 ,025 CITY PARTICIPATION TOTAL PROJECT COST MINUS STATE & FEDERAL FUNDS (REVENUE BONDS) 3,397 ,475 FUNDS TO COVER STATE PARTICIPATION WHICH HAS NOT BEEN APPROPRIATED TO DATE (SHORT TERM BONDS) 1 ,041 ,025 i TO: MEMBERS OF THE COMMON COUNCIL We, the undersigned, wish to express our belief and con- cern that the city of South Bend should move forward with the greatest possi- ble haste in expanding its waste treatment facility. We feel that the rapidly increasing demands of a growing city, and the urgent need to reverse the pol- lution of our environment, dictates that we accept the federal grant available to us and proceed with the expansion program as mandated by the Indiana Stream Pollution Control Board. " V► ti!/rJ _ H � J � My name is Robert J. Richardson and I reside at 5030 West Washington, South Bend. I am a registered professional engineer and land surveyor. I am part owner of the Consulting Engineering firm of Engineering Planning Services, Inc. of Mishawaka, Indiana. I am here today in the capacity of President of the St . Joseph County Indiana Chapter of Michiana Watershed, Inc . This is a group of concerned citizens interested in conserving our local natural resourses along with correcting deficiencies and improv- ing conditions that will directly benefit our local environment. Since the improvements proposed for the South Bend Wastewater Treatment Plant fall under this general catagory of concern, we of the St. Joseph County Chapter of Michiana Watershed, Inc. strongly urge passage of the neces- sary resolutions that will implement the construction of proposed im- provements to the South Bend Wastewater Treatment Plant. w My name is John Derksen and I am Chairman of the Board of Supervisors of the St. Joseph County Soil and Water Conservation District. This unit of government is concerned with the conservation and wise use of all our natural resources. Our District includes all of St. Joseph County, both rural and urban areas. During the last few years we have been very active in promoting comprehensive water resource planning in the upstream watershed areas within our county. These watershed plans are concerned with both the quality and quantity of the Water resource. We realize that all of our work in the upstream areas will be much less important if we allow the water quality in our major streams to deteriorate. We sincerely hope that this body will do all in its power to improve the water quality in our beautiful St. Joseph River, one of our most important natural resources. R E S O L U T I O N The St. Joseph County Health Department and the Board of Health of the St. Joseph County Health Department do hereby urge the Common Council of the City of South Bend to accept the recently offered grant from the Government of the United States of America for improvements to be made to the South Bend Waste Water Treatment Plant. GEORGE PLAIN, M.D. , RICHARD SCHAPHORST, M.D. , LEO ARVIN, MRS . EVELYN HENNESSY) JAMES HERRING, E. N. LIPETSKA, D.D.S. , and RAYMOND W. WORLEY, D.V.M. and ST. JOSEPH COUNTY HEALTH DEPARTMENT By Dr. Louis E. How Health Officer and Secretary of the Board of Health Dated: April 1, 1971 AMERICAN SOCIETY OF CIVIL ENGINEERS- AMERICAN SOCIETY OF NORTH CENTRAL BRANCH — INDIANA SECTION CIVIL ENGINEERS FOUNOED 1852 COMMENTS ON THE PROPOSED IMPROVEMENTS SCHEDULED FOR THE SOUTH BEND SEWAGE TREATMENT PLANT j` The North Central Branch of the Indiana Section of the American Society of Civil Engineers have reviewed the proposed addition to the South Bend Sewage Treatment Plant and offer the following comments to the proposition: (1) This proposed addition is long overdue, inasmuch as a federal mandate has required chlorination of the effluent dis- charge for approximately five years and a removal system for phosphates for over two years. i (2) The sewage treatment plant has been operating with an I overload in the existing secondary system and only very i close control and the efficiency of the plant operations has kept the day-to-day operation from becoming critical and requiring additional construction without federal aid. j (3) The proposed "South Bend Sewer Use Ordinance, " which E is also long overdue, represents forward thinking on the part i of the Board of Waste Water Commissioners. We feel that this Ordinance, with the changes recommended by the A. S. C. E. in the letter of February 25, 1971, is a definite requirement F in the restoration of the environment and the elimination of F i '. pollution. Respectfully submitted, American Society of Civil Engineers Committee on Consultation I t t i