HomeMy WebLinkAboutGrant Contract Agreement with Idaho Health and Welfare for Sewer Treatment facilities planning
Grant #200-2-000-1
IDAHO DEPARTMENT OF HEALTH & WELFARE
GRANT OFFER AND GRANT CONTRACT AGREEMENT
FOR SEWAGE TREATMENT WORKS
FACILITIES PLANNING
SECTION I. INTRODUCTION
The Idaho Board of Health and Welfare (the ItBoard") is authorized
by the Water Pollution Abatement Act (the "Act") Title 39, Chapter
36 of the Idaho Code, to make and administer grants from the Water
Pollution Control Fund (the "Fund") in order to provide financial
assistance to municipalities to aid in the construction of sewage
treatment works. The Director of the Department of Health and
Welfare and his authorized representatives (the "Department")
assist the Board in administration of the Act. The Department has
found that the CITY OF MERIDIAN (the "Applicant") has established
eligibility for a grant under the terms of the Act and liThe Rules
and Regulations for Administration of Wastewater Treatment Facility
Grants," Title I, Chapter 4, Rules and Regulations of the
Department of Health and Welfare (the "Regulations").
A completed, approved application has been submitted to the
Department by the Applicant for a Sewage Treatment Works
Construction Grant. The Department hereby offers a grant to the
Applicant according to the conditions contained in the following
sections of this offer and contract agreement.
SECTION II. DESCRIPTION OF PROJECT
This document offers financial assistance from the Fund to the
following project:
A. Project Number: #200-2-000-1
B. Name and Address of Applicant:
City of Meridian
33 East Idaho Avenue
Meridian, ID 83642
c. Project Description:
Update and revision of facility plan for
City Impact Area
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Grant #200-2-000-1
D. Project Financing Under Terms of this Offer:
1. Total estimated project cost $138,573
2. Estimated project cost eligible
for state participation $138,573
3. state grant (75% of 2. above) $103,930
SECTION III. GENERAL
Upon signature by the Applicant this grant offer shall become a
grant contract agreement and the Applicant shall become a Grantee.
Acceptance of the offer shall obligate the Grantee to agree to all
terms and conditions contained herein. The Grantee agrees to:
A. Not transfer, assign or pledge any beneficial interest in a
grant to any other person or entity without express written
consent from the Director. Neither may the grantee delegate
legal responsibility for complying with grant terms,
conditions, and obligations without the Director's express
written consent.
B. Enter into such contractual arrangements with third parties
as it deems advisable to assist it in meeting its
responsibilities under the grant agreement.
c. Fulfill all declarations, assurances, representations and
statements in the application and all other documents,
amendments and communications filed with the Department by
the Applicant in support of the request for this grant.
D. Comply with applicable state and Federal emploYment
requirements including, but not limited to Equal EmploYment
Opportunity and civil Rights requirements.
SECTION IV. PROJECT MANAGEMENT
The Grantee agrees to:
A. Efficiently and effectively manage the grant funds within
the approved budget, complete the undertaking in a diligent
and professional manner, and monitor and report performance
to the Department on a schedule jointly determined with the
Grantee. Final accountability for the prudent use of grant
funds is the Grantee's responsibility.
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Grant #200-2-000-1
B. The grantee agrees to retain and utilize the services of an
engineer currently licensed by the state for all project
planning, design and construction oversight.
c. Submit all contracts for architectural/engineering services
to the Department for approval.
D. Require the prime architectural/engineering firm(s) and their
principals retained for architectural/engineering services to
carry professional liability indemnification to protect the
public from the architect's/engineer's negligent acts and
errors of omission of a professional nature. The total
aggregate of the architect's/engineer's professional liability
shall be one hundred thousand dollars ($100,000) or twice the
amount of the architect's/engineer's fee, whichever is
greater.
E. Submit all changes in contract terms or project scope to the
Department for approval.
F. Submit final documents to the Department for review and
approval within twelve (12) months.
SECTION V. PAYMENTS
A. The grant shall be used solely to aid in the financing of a
sewage treat ment works .project. Should the actual eligible
cost of the completed project be different from the estimated
eligible project cost upon which this offer is based, the
actual eligible cost shall be used to determine the amount of
the final grant. The final determination of actual eligible
costs shall be, made by the Department according to the
Regulations and accepted practices of engineering and
accounting. The result of the Department's computation will
be an adjusted grant. Any costs in excess of the adjusted
grant amount will be borne by the Applicant.
B. Payment of grant funds shall be predicated on project status
statements submitted by the Grantee to the Department.
Eligible cost shall be determined by the Department prior to
the submittal of the first project status statement. A
schedule and a format for sUbmission of project status
statements shall be approved by the Department prior to
disbursements of any grant funds. The statement shall
describe the work completed and set forth the total dollar
amount expended for eligible costs. If the statement is in
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Grant #200-2-000-1
order and properly documented, the Director or his authorized
representative shall authorize the disbursement of appropriate
grant funds to the Grantee.
C. Payment of the final ten percent (10%) of the state grant
will be withheld until the following requirements are met:
1. Engineering Report or Facilities Plan submitted and
approved by the Department.
2. A preliminary audit has been completed or deferred until
comple~ion of construction.
D. This offer is subject to the existence of the offered sum of
money in the Water Pollution Control Fund at the time of
payment. Should the offered sum of money not be available in
the Water Pollution Control Fund at the time of payment, the
Idaho Department of Health and Welfare hereby agrees to pay
the above applicant the offered sum of money on the basis of
the applicant's priority position immediately upon the accrual
of said sum in the Water Pollution Control Fund.
The Grantee shall:
A. Provide a schedule of payments and establish an accounting
and record keeping system consistent with state guidance.
B. Provide for payment of the municipality's share of the cost
of the project.
c. Not submit requests for payment for any expenses arising from
binding arbitration.
SECTION VI. PROHIBITIONS
Expansion of collection systems in excess of reserve capacity of
the treatment works will be prohibited unless concurrent
designated construction provisions for adequate treatment are
provided by the Grantee.
SECTION VII. TERMINATION OR SUSPENSION OF GRANT
A. The Board may unilaterally terminate all or part of a grant
agreement or any related state contract entered into pursuant
to this offer if the Grantee fails to discharge the
obligations and comply with the terms and conditions contained
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Grant #200-2-000-1
herein. In addition to or as an al ternati ve to such
termination the Board may unilaterally order the Grantee to
reimburse the state for funds previously paid to the Grantee.
The Grantee shall not be SUbject to termination or an order
for reimbursement if a failure to discharge the obligations
or comply with the terms and conditions of the grant agreement
is caused by circumstances totally beyond the control of the
Grantee.
B. If the Board finds that a Grantee has failed to comply with
any term of this grant offer, the Board may declare the grant
offer to be breached and stop payments to the Grantee.
Furthermore, upon such a finding, the Board may direct the
Department to seek from the Grantee any appropriate remedy
available to the state including, but not limited to:
1. Specific performance of the contracts or grant offer; or
2. Return of grant funds previously distributed under the
grant offer; or
3. Damages and expenses incurred by the state as a result
of Grantee acts, including all costs of enforcing the
grant offer.
SECTION VIII. ACCESS AND INDEMNIFICATION
The Grantee agrees to:
A. Permit the Department, or its authorized agents, to have
access to the project work whenever it is in preparation or
progress and provide that the contractor will provide adequate
facilities for access and inspection.
B. Provide the Department, or its authorized agents, access to
all files, records, accountings and books relating to the
management and accountability of the grant.
c. Indemnify and save harmless the state of Idaho, its agents,
and its employees regardless of fault or negligence, from any
and all claims, actions, damages, liabilities and expenses
directly or indirectly connected to the location, design,
construction, operation, maintenance, repair, failure or
deactivation of the project or any part of the project.
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Grant #200-2-000-1
SECTION IX. SPECIAL CONDITION
A facility plan resulting from this grant will be valid as a basis
for financial assistance for five years. If construction is not
initiated within five years, the grantee must evaluate changed
conditions and update the plan to quality for state financial
assistance. Additional state grant funds will not be awarded to
update the plan.
SECTION X. OFFER
The offer set forth herein must be accepted, if at all, on or
before July 7, 1991. An acceptance must be accompanied by a
resolution of the Applicant's governing body authorizing the
signator to sign on the Applicant's behalf for the purpose of this
agreement.
Dated this 7th day of June, 1991.
:be
Administrator
Division of Environmental Quality
Idaho Department of Health and Welfare
,./ (/
Nt4~
SECTION XI. ACCEPTANCE
The CITY OF MERIDIAN , by and through its
(legal name of applicant)
undersigned representative(s), accepts the foregoing offer and
agrees to discharge all obligations and to comply with all terms
and conditions contained therein.
Grnat P. Kinqsford Mayor
Name and Title of Representative - type or print
7/2/91
Date
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