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Resolution No. 131RES©iiUTION NO. 131 RS$OLUTIO}I OP T}[13 i~O~t}iD Oil' i}IiECTO]~S OP Ti~ SOUTH TAHOE {-tIBZIC UTILITY DISTRICT AUTHORIZING ACCEPT,,';{NCE OPOPPER OF Gi%~NT ?01~ $EWAGE T_REATHENT i,~i'OliKS Ui~E.,~ 33 Ui-S.C. 466 et seq. ~I~RE&S, this Board of Directors of the South Tahoe Public Utility District has determined t~at the public interest and necessity o~ the South Tahoe Public Utility ~istrict demand the acquisition, construction and com~'~letion by said District of a public utility, to wit: Improvement of the sanitary sewage disposal system of said District as said system existed on February 2~, 1959; and WHEREA3, the voters of said ~outh Tahoe ~ublic Utility District on March 24, 1959, have approved the incurrence of a $2,500,000 bombed indebtedness in connection with said improve- ment; and W~-~REAS, the project initially contemplated in connection with said improvement provides for construction of a new 2°5 mgd (million gallons per day) secondary treatment plant including an automatic bar screen, preaeration and grit removal tank, primary sedimentation, activated sludge aeration tanks, secondary sedi- mentation, separate sludge digestion and drying beds, chlorination facilities, a~ operations building at a total estimated project cost of $1,247,000, o£ which the estimated project cost for Federal participation is $1,215,000; and ~REAS, the Department of Health, Education, and Welfare, Public Health Service, in connection with said proposed project numbered in said Public Health Service Files as Project NCo WPC-CAL-48, has offered a Federal Grant to the South Tahoe ~blic Utility District in the amount of $250,000, subject to terms and conditions set forth in said offer received by said District on A~ril 17, 1959, a copy of said offer attached hereto and incorporated herein by reference; NOW, Ti~REFO2R3~, BE IT RESOLVED by the Directors of the South Tahoe Public Utility District as follows: 1. That said offer of a Fede~al Grant by the Department of Health, Education, and Welfare, Public Health Service, in the amount of $250,000 received by said District on April 17, 1959 for construction of a new 2°5 mgd secondary treatment plant including an automatic bar screen, preaeration and grit removal tank~ primary sedimentation, activated sludge aeration tanks, ~ secondary sedimentation, separate sludge digestion and drying beds, chlorination facilities, and operations building be accepted according to the terms and conditions set forth in said offer attached hereto and incorporated herein by reference. 2. That the President of '~he Board of Directors of the South Tahoe ~blic Utility District be authorized to accept said offer on behalf of said District. PASSED A~ ADOPTED this 20th day of ~pril, 1959, by the following vote: AYES: Directors Goer±n~er, Gersick and Pankost NOES: NONE ABSENT: NONE of South Tahoe ?ublic Utility Dis tri c t ATTEST: Clerk and Ex-Officio ~ec~.'etary of said B~rd of Directors. ( ) SECRETARY'S CERTIFICATE I, EARLE F. PANKOST, Clerk and .Sx-0fficb Secretary of the Board of Directors of South Tahoe Public Utility District, E1 Dorado County, State of California, do hereby certify that the foregoing is a full, true and correct copy of a resolution duly adopted at a special meeting of said Board of Directors duly and regularly and legally held at the regular zneeting place thereof on the 20th day of April, 1959, of which meeting all of t~e members of said Boated of Directors had due notice and at which a majority thereof was present; that at said meeting, said resolution was introduced by Director Pankost, and read in full, and was thereupon, upon motion of Director Pankost, seconded by Director Goeringer, adopted by the following vote: AYES: NOES: ABSENT: Directors Goeringer, Gersick and Pankost NONE NONE WITNESS my hand and the seal of said District, this 20th day of April, 1959. Clerk and icio Secretary of the Board of South Tahoe Public Utility ,~lst lct. (SEAL F ~-~6g0-1 Department of FORM APPI~OVED .E.. ~-s? HEALTH, EDUCATION, AND WELFARE BUUG~T BU,E^U NO. PUBLIC HEALTH SERVICE IPROJECT NO. ~'¢-~-~ OFFER AND ACCEPTANCE OF FEDERAL GRANT FOR SEWAGE TREATkIENT WORKS UNDER 33U. S.C. 46~ et seq. PART A SECTION I OFFER A. LOCATION OF PROJECT (State, County, City) Ciltfornl~, El Dorado, Bijou, Lake Tahoe B. LEGAL NAME AND ADDRESS OF APPLYING AUTHORITY (herein called the "Applicant") South Tahoe Pul)Itc U~lt~y District, P. O. Box 168 BiJou, Lake Tahoe, California C. PROJECT FINANCING UNDER TERMS OF THIS OFFER Total estimated project cost ..................................... $ Estimated project cost for Federal participation ....................... $ FEDERAL GRANT OFFERED .................................. $ t, 24,7,000.00 1,215,000.00 250,000.00 D. DESCRIPTION OF PROJECT £he project prov~dse for consCrucCion of · new pr~ ~dMtaC~, acCtvaced shoe ~rec~ z~o, se~race olu~e diseoCi~ and ~ be~, ~lorl~C~ facilities, ~d o~raCiona ~lldin8. AfCer treatment the secondary effluent viii be chlorinated prior ~o disposal by spray irEi4~acion. Consideration having been given by tho Surgeon Goneral of tho Public Health Servico to (a) tho application submitted by the Applicant pursuant to Section 6 of the Federal Water Pollution Control Act (33 U.5.C. 466 et ~eq.), (b) tho public benefits to be do- rived by tho construction of this praiser, (c) tho relation of tho ultimate cost of constructing and maintaining the works to the pub- IJc interest crud to tho public necessity for the works, and (d) the adequacy of the provisions mode or proposed by the Applicant for assuring propor and efficient operation and maintenance of tho treatment works after completion of tho construction thereof, and it having been determined by tho Surgeon General that such project (a) is in conformity with the approved State water pollution control plan submitted pursuant to Section 5 of tho Act, (b) meets the criteria for Federal aid specified in Section 55.28 of the rogulatlans, and (c) is included in a comprehensive program developed pursuant to the Act; and tho Surgeon General having further determined that the State water pollution control agency has approved tho project and certified that ~t is entitled to priority over other eligible projects on the basis of financial as well as water pollution control needs; The Surgeon General of tho Public Health Service, acting in behalf of tho United States of America, hereby offers: To make o Federal grant to tho above-named Applicant, not to exceed the amount specified above and subject to the Assur- ances included in this document aS Section II, in order to aid in financing tho construction of the proioat ,,~ursuant to the Federal WGter Pollution Control Act: Provided that, in the event tho construction contract is awarded for on amount less than the amount estimated above for this purpose, tho estimated reasonable cost of tho project shall bo edlusted to reflect thi~ reductiofl and the Federal grant shall bo reduced as necessary so it will not exceed 30 Purcont of the adjusted estimated reasonable cost of the project or $250,000, whichever is less, and tho Applicant shall be notified in w~iting of such reduction; Provided, further, that in the event tho actual rensonablo cost of tho project as determined by the Surgeon General upon completion of construction is less than the estimated reasonable cost or the adjusted estimotod reasonable cost of tho project described above, such actual cost of the project shall be used in determining tho amount of the Federal grant which shall be reduced as necessary so aa not to exceed 30 percent of such actual cost er $250,000, whichovor is less. In addition, this Offer is made subject to completion oF Port B of this Offer and Acceptance and t~e fallowing conditions: KakLns ast~rm~cef conCaLned in Chis offer and compl~ce v~th the provioLous chere~n. have been mcquLred. Ln SecCLon C o£ AppL~.cacf~n IP~e L~HS-26~. Project co be char~ed co alioCmmC of Federal funds for fiscal year Th~e proJecc ~e Co oerva a uun~c~p&l~Cy under ~2~,0Q0. ~ktn~ assurance Chac related couscFuccJ~n necessary cO achieve full benefit from *'bLs project uill b~ conpleced La cb m~ar ~c~r®. eLce fo~ ~he p~anc effluent. This offer must be accepted, if at oil, off or before For the United States of Ameyica, Public Health Service: 1 q 1 C~KG ~ --(~e~) .... (For the Surgeon General) CharLes F. Btenkenah~p) 14. ~J; (TItlo af Officer) -_SECTION II ASSURANCES The Applicant hereby gives assurance to the Surgeon General of the Public Health Service: 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 made to the responsib/e bidder submitting the lowest acceptable bid; B. That the project will not be advertised or pla~(d on the market for bidding until the final plans and specifications have been approved by the Su-geon General and the c'pprnpriate State agency, and the Applicant has been so notified; C. That the construction contract will require the contractor to furnish performance and payment bends, 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, workmen's compensation, public liability and property damage insurance; D. That any change or changes in the contract which make any major alteration in the work required by the plans and speci- fications, or which raise the cost of the project above the latest, estimate approved by the Surgeon General, will be sub- mitted to the Surgeon General fac prior approval; E. That the construction of the project, including the letting of contracts in connection therewith, shall conform to the ap- plicable requirements of State, Territorial and local laws and ordinances; That the construction contract will provide that the representatives of the Public Health Service 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 proj- eot to insure that the construction conforms with the approved plans and specifications; H. That adequate accounting and fiscal records shall be maintained to reflect the receipt and expenditure of funds fac the purpose of this project and all funds, however provided for the payment of the cost of the project, shall be deposited, promptly upon receipt thereof, in a separate construction account or accounts and these funds shall be expended only for cdsts of the project; I. That the declarations, assurances, representations and statements mode by the Applicant in the application, and all documen,~s, amendments and communications filed with the Public Health Service by the Applicant in support of its re- quest for a grant, wiEi be fulfilled; J. That the Applicant will submit to the Surgeon General such documents and Information as he may require; K. That the construction contract will require the contractor to comply with the regulations of the Secretary of Labor made pursuant to the Anti-Kickbeck Act of June 13, 1934, 40 U.S.C. 276 (c), and any amendments or modifications thereto, to cause appropriate provisions to be inserted in subcontracts to insure compliance therewith by all subcontractors subiect thereto, and to be responsible fac the submission of affidavits required of subcontractors thereunder, except as the Sec- retary of Labor may specifically provide for reasonable limitations, variations, tolerances and exemptions from the re- quirements thereof; /. That the Applicant will demonstrate to the satisfaction of the Surgeon General his ability to pay the r0maining cost of the project; M. That the Applicant has or will have prior to awarding of the construction contract, 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 finds suf- ficient to assure for a period of not less than fifty years undisturbed use and possession for the purposes of construc- tion and operation of the project; and N. The Applicant agrees to construct the project or cause it to be constructed to final completion in accordance with ~e application and plans and specifications approved by the Surgeon General. SECTION III On behalf of ACCEPTANCE I, the undersigned, being duly authorized to take such action, as evidenced by the attached CERTIFIED COPY OF AUTHORIZATION'BY THE APPLICANT'S GOVERNING BODY, do hereby accept this offer crud make the assur- ' ~ ~Signoture of Represent'~ive) ~' ~" ~ ~~