HomeMy WebLinkAboutOrdinances Book 12, Page 812, No Ordinance Number812 ✓
AN- ORDINANCE ADOPTING AND APPROVING THE PROJECT APPLICATION AND ACCEPTING
TIE; GRANT OFFER FROM THE UNITED STATES OF AMERICA ACTING BY AND THROUGH THE, HOUSING
AND HOPIE FINANCE AGENCY II\ THE AMOUNT OF $1,203,700 FOR THE CONSTRUCTION AND 1; IPROV:' a71T
OF CERTAIN STORM SUMS AND PUMPING STATIONS, DESIGNATED PROJECT NIDME.R KY. 15 -CF -8,
AND AUTHORIMG MAYOR ROBERT C. CHERRY TO ACCEPT SAID OFFER FOR AND ON BEHALF OF
THE CITY OF PADUCAH, MITUCKY.
BE IT ORDAINED BY THE BOARD OF MO 2.11SSIONERS OF THE CITY OF PADUCAH, I'SNTUChI:
SECTION 1 That the Project Application, Project No. Ky 15 -CF -8, submitted by the
City of Paducah to the housing & Home Finance Agency under date of
is hereby ratified and adopted.
SECTION 2 That the grant offer dated June 13, 1952 from the United States of
America acting by and through the Housing and Home Finance Agency for Federal assistance
for the construction and improvement of certain storm sewers in the City of Paducah
(Pfoject No. Ky 15 -CF -8) is hereby accepted, and w1hich offer with the terms and
conditions are as follows:
ieUNITED STATES OF AI-IMICA
HOUSING AND HONE FIN 110E AGM!CY
OFFER.
Project No. Kentucky 15 -CF -8
iLocation Paducah, Kentucky
Dated June 13, 1952
TO City of- Paducah
Paducah, Kentucky
Subject to the Terms and Conditions (dated April 30, 1952) attached hereto
aid made a part hereof, the United States of America hereby offers to made a grant of
not to exceed $1,302,700 to the City of Paducah, Kentucky (herein called the }Applicant}),
in order to aid in financing the construction of community facilities puesently estimated
to cost $1,302,700 consisting of storm relief setters with all necessary appurtenances;
and alterations to an existing sewage pumping station (herein called the 'Project}):
Provided, That, in the event the actual cost of the portion of the Project to be aided
by the Housing and Home Finance Agency as determined by the Administrator thereof upon
completion is less than $1,302,700, the financial aid to the amount of $1,302,700 shall
be reduced by an amount equal to the difference between the estimated cost of the
portion of the Project to be aided by the Housing and Home Finance agency and the actual
cost thereof.
This Offer must be accepted, if at all, within sixty (GO) days from the date
hereof.
UNITED STATES OF .1,11E2ICA
HOUSING AND HOME FINaNCE ADNMNISTP�ITION
By John P. Mccollim
Regional Representative
4-30-52
813
TIMIS AND CONDITIONS
Constituting Part of the Agreement Providing for the Financing and Construction of
Non -Federal Community Facilities under the Defense Housing and Community* Facilities and
Services .let of 1951
1. DtEFINITIONS. -- As used in these Terms and Conditions:
Uobernment? means the United States of America; }Applicant? means the local public or
private agency that has applied to the Government for financial aid under the Defense
Housing and Community Facilities and Services Act of 1951; ?Application? means the document
of documents, including all amendments and communications, filed v ith the Government by the
Applicant in support of its request for such financial aid; ?Project, means the particular
community facility t:diich the Government has agreed to aid in financing under the Agreement;.
?Agreement? means the contract between the Government and the Applicant pertaining to the
granting of aid for the Project and includes both these Terms and Conditions and the contract
instrument or instruments of which these Terms and Conditions constitute a part; and ?Bonds?
means the bonds or other obligations, if any, which the Government may have agreed to
purchase tinder the Agreement.
2. CONDITIONS OF GOVL:`-LENT?S OBLIGATION. -- The Government may elect to
terminate all or any of its obligations under the Agreement and, at its option, to pay
to the Applicant only part of the amount of federal aid stated in the AGreement or to recover
any and all funds advanced or paid under the Agreement by the Government to the Applicant:
(a) Representations.-- if any representation of Applicant
or in any document submitted to the
Government by the Applicant shall be
incorrect or incomplete in any material
respect;
(b) Financial Condition. -- If, in case the Government has offered
to purchase Bonds, the financial condition of the Applicant
shall have changed unfavorably in a material degree from its
condition as theretofore represented to the Government;
(c) Financing of Project.-- If the Applicant is not able, in the
opinion of the Government, or fails to provide idien needed, or
to demonstrate to the satisfaction of the Government that it can
provide when needed, funds sufficient, with the funds made available
by the Government ander the Agreement, to pay= the cost of the
Project, or if, in case the Government has offered to purchase
Bonds, the Applicant shall not furnish a bond transcript
satisfactory to the Government shoving that the Bonds are valid and
binding obligations;
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(d) Prosecution of Project. -- Xf the Applicant will not
be able, in the opinion of the Government, to construct
Project as orginally planned, u-Atether such inability is
due to technical causes, the unavailability of labor,
equipment or materials, the failure to obtain necessary
permits or authorizations, or to any other cause; or if
the Applicant shall fail to commence or proceed with the
construction of the Project with dispatch, in a sound
economical and efficient manner, in accordance with
plans and specifications theretofore submitted to and
approved by the Government, and in compliance with
applicable federal statutes and the Agreement; or if
the Applicant shall fail otherwise in the performance
or fulfilled under the Agreement;
(c) Documents to be Submitted. -- If the Applicant shall fail
to submit or cause to be submitted to the Government such
records, statements, reports, data, plans drarr�gs,
spedifications, contracts, work orders, assignments,
bid tabulations, contract awards, estimates, certificates
or other documents affecting the Project, and approving
opinion of bond consel, as may be requested by the
Government, or if the Applicant shall proceed u-i.th the
construction of the Project or take other action on the
basis of any of the foregoing documents uahich are required
to be submitted to the Government before the Government has
advised the Applicant that, in its opinion, such documents
comply with applicable Federal statutes and the Agreement;
(f) Architectural or Engineering Supervision and Inspection. --
If the Applicant shall fail to provide and maintain
competent and adequate architectural or engineering
supervision and inspection of the construction of the
Project;
(g) Bonus or Convnission.-- If it shall be determined by the
Government at any time that the applicant has paid or
agreed to pay, whether directly or indirectly a bonus,
commission or fee to any person, firm or corporation for
attempting to procure an approv&l of the Application, or for
alleged services in procuring or in attempting to procure
such approval, or for activities of the nature commonly
known as lobbying performed or agreed to be performed
in connection with the Application; and
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(h) Prohibited Interests. -- If any official of the Applicant
who is authorized in such capacity and on behalf of
the Applicant to negotiate, make, accept or approve,
or to take part in negotiating, nk-Lking, accepting, or
approving any architectural, engineering, inspection,
construction, materials, supply or equipment contract
or any subcontract in connection with the construction
of the Project, shall become directly or indirectly
interested personally in any such contract or
subcontracts, or if any official, employee, architect,
attorney, engineer or inspector of or for the Applicant
who is authorized in such capacity and on behalf of the
Applicant to exercise any legislative, executive,
supervisory or other functions in connection with the
construction of the Project, shall become directly or
indirectly interested personally in any construction,
materials, supply, equipment or insurance contract, in
any subcontract or any other contract pertaining to the
Project.
3. GOVERi92—IT NOT OBLIGATED TO THIRD PARTIES. -- The Government khall not
be obligated or liable hereunder to any party other than the Applicant.
4. INTERESTED OF 1' MER OF OR DELEGATE TO CONGRESS. -- No member of or
delegate to the Congress of the United States of America shall be admitted to any share or
part of the Agreement or in any benefit arising therefrom.
5. EXPENSES PRIOR TO SEPTOIBER 1, 1951, OR FOR INSTALLED MATERIAL. --
Federal assistance shall not be available for project costs incurred prior to
September 1, 1951, or for project materials which have been installed prior to the date
of the Agreement. This provision shall not be construed to exclude any contigent obligation
of the Applicant Linder agreements entered into with the Government pursuant to the provisions
of Public Law 458, 78th Congress, or Public Law 352, 81st Congress.
G. GRANT ADVANCES AND PA)GMITS. -- The Applicant may requisition
advances or payments on account of the grant provided in the Agreement at any time
after receipt of the Agreement, but not later than six months following the completion,
abandonment or termination of the Project. Such requisitions shall be accompanied by
such supporting data as the Government may require. As soon as the Agreement is in full
force and effect the Government shall honor, subject to the provisions of the A,reement,
such requisitions in amounts and at times deemed by it to proper to insure the expeditious
prosecution and payment of the costs of the Project. Payment on accoLunt of the grant may
be made in cash or by cancellation of Bonds or other obligations owing by the Applicant to
the Government, or partially in cash and partially by cancellation, at the option of the
Government. No request for review of a determination of the Government affecting the
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grant payable under the Agreement trill be considered unless such request is received
by the Government not later than three months following notice to the Applicant of such
determination.
7. LOAN ADVANCES AND PAYMENTS. -- The Applicant may requisition on account
of the loan, if any, provided in the Agreement, advances in anticipation of the issuance
of the Bonds, or payments , at any time after receipt of the.Agreement, any such advance
to bear interest from the date the Applicant received such advance to the date of delivery
of the Bonds at the rate specified in the offer. Such requisitions shall be accompanied
by such supporting data as the Government may require. After the Agreement becomes
effective, and subject to the provisions of the Agreement, the Government trill honor such
requisitions in amounts and at times deemed by it to be proper. If after advances have
been made on account of the loan in anticipation of the issuance of the Bonds the
I
Applicant is unable, in the opinion of the Government, to issue the Bonds because of
circumstances beyond the control of the Applicantts governing body, the Government may,
at its election, treat such advances as an additional grant.
8. CONSTRUCTION ACCOUNT.-- All funds, however provided, for the payment
of the cost of the Project-, shall be deposited, promptly upon the receipt thereof, in a
separate account or accounts jhereinaftercollectively referred to as the "Construction
Account"). Monies in the Construction Account shall be expended only for costs of the
Project; Provided, That if any Bonds are held by the Government after all costs incurred
in connection with the Project have been paid, all monies then remaining in the Construction
Account shall be used to repurchase Bonds or shall be transferred to a bond fund for the
payment of interest on and principal of the Bonds.
9. METHOD OF CONSTRUCTION. -- The Project shall be constructed by the
lump sum or unit price contract method, and all construction, material and equipment
contracts and in the construction of the Project shall be aurarded by the Applicant to
the lowest responsible bidder upon free, open and competitive bidding after advertisement
for bids sufficient to insure adequate competition.
10. APPROVAL OF FINAL I'MR=• G D^.AI'MIGS AND SPECIFICATIONS. __ The Project
or portion hereof shall not be advertised or placed on the market for bidding until the
final plans and specifications have been approved by the Government and the Applicant has
been so notified.
11. CIMAIGBS IN CONSTRUCTION CONTgACT.-- Any proposed change or changes in
the construction contract uahich will (i) make any major alteration in the work required
by the plans and specificdtious, or (ii) raise the total contract price over the approved
estimate of cost of the work covered by the plans and specifications shall be submitted
to the Government for prior approval. Specifications i.ucorporat6d st
into conruction
contracts (hereinafter called "Specifications") shall provide that requirements contained
in this paragraph shall be met.
r 1
817
12. CONTRACT SECURITY.-- Each construction contractor shall furnish in
proper time a surety or surety bonds of such type and in an amounts adequate to secure
the faithful performance of his contract. Specifications shall provide that the
requirements contained in this paragraph shall be met.
13. INSMIANCE .-- Adequate workanen's compensation insurance for all
contractors? and subcontractors' employees engaged in work on the Project shall also be
carried and maintained. Each contractor shall maintain during the life of the contract
adequate fire, public liability and property damage insurance. Specifications shall
provide that requirements contained in this paragraph shall be met.
14. NON43SCRDMATION.--Conrnuuity facilities receiving financial aid
under the Act will be made available u-ri_thout discrimination on account of race, creed, or
color to all persons residing in the area to be served by the Project.
15. INSPECTION.-- Authorized representatives and agents of the Government
shall be permitted access to inspect all uvorlc, materials, payrolls, records of personnel,
invoices of materials and other relevant data and records, and the contractor shall
provide proper facilities for such access and inspection. Specifications shall provide
that the requirements contained in this paragraph shall be met.
16. REPORTS, RECORDS APB) DATA.-- The Applicant and each contractor and
subcontractor on the Project shall submit to the Government such schedules of quantities
and costs, progress schedules, payrolls, reports, estimates, records and miscellaneous
data as may be required under applicable federal statutes or rules and regulations
promulgated thereunder. Specifications shall provide that the requirements contained
in this paragraph shall be met.
17. FISCAL AND ACCOUNTING REQUIMIENTS.-- Applicants receiving Federal
funds shall establish and maintain adequate accounting and fiscal records to reflect
the receipt and expenditures of all funds paid for construction projects and all such
records and other required information and data shall be made available for audit and
inspection by authorized representatives and agents of the Government.
18. LABOR MWIRMIENTS.-- The Applicant shall cause or require the
folloidng stipulations promulgated by the Secretary of tabor (Title 29, Subtitle A,
Section 5.5 Code of Federal Regulations) or any modification or amendment therof to be
inserted in any contract which is to be paid from funds made available in whole or in
part by the Defense Housing and Community Facilities and Services Act of 1951.
818
All mechanics and laborers employed or working upon the
site of the work tdIl be paid unconditionally and not
less often than once a week, and without subsequent deduction
or rebate on any account (except such payroll deductions as
are permitted by the Anti -Kickback Regulations'.(29C.F.R. Part 3)),
the full amounts due at time of payment computed at,wage rates
not less than those contained in the trage determination decision
of the Secretary of Labor idiich is attached hereto and made a
part hereof, regardless of any contractual realionship which
may be alleged to exist between the contractor or subcontractor
and such laborers and mechanics; and the wage determination decision
shall be posted by the contractor at the site of the work in
a prominent place where it can be easily seen by the workers.
(2) The Housing and Home Finance Agency or Federal Security Agency
may withhold or cause to be withheld 'from the contractor so much
of the accrued payments or ddvances as may be considered necessary
to pa y laborers and mechanics employed by the contractor or any
subcontractor on the work.the full amotmt of zrages required by
the contract. In the event of failure to pay any laborer or
mechanic employed or working on the siet of the work all or
part of the mages required by the contract, the Housing and
home Finance Agency or Federal Security agency may, after
written notice to the contractor, sponsor, applicant, or
owner, take such action as may be necessary to cause the
suspension of any further payment, advance or guarantee
of funds tmtil such violations have ceased.
(3) Payroll records trill be mair-tained duriag the course of
the work and preserved for a period of three years thereafter
for all laborers and mechanics working at the site of the
work. Such records will contain the name and address of each
such employee, his correct classification, rate of pay, daily
and webkly number of hours worked, deductions made and actual
trages paid.
The contractor trill submit weekly a certified copy of all payrolls
to the Housing and Home Finance Aency or Federal Security- Agency
if the agency is a party to the contract, but if the agency is not
such a party the contractor wil.1 submit the certified payrolls to
the applicant, sponsor, or oumer, as the case may be, for
transmission to the Housing and Hone Finance Agency or Federal
819
Security Agency. The certification fdll affirm that the payrolls
are correct and complete, that the wage rates contained therein
are not less than those determined by the Secretary of Labor and
that the classifications set forth for each laborer or mechanic
conform with the work he performed. The contractor will make
his employment records available for inspection by authorized
representatives of the Housing and Home Finance Agency or
Federal Security Agency and the Department of Labor, and will
permit such representatives to interview employees during
urorking hours on the job.
(4) Apprentices will be permitted to work only Larder a bona fide
apprenticeship program registered with a State Apprenticeship
Council which is recognized by the Federal Comvi.ttee on
4pprenticeship, U. S. Department of Labor; or if no such
recognized Council exists in a State, under a program
registered with the Bureau of Apprenticeship, U. S. Department
of Labor.
(S) The contractor will comply with the regulations (iihich are
incoroporated herein by reference) of the Secretary of Labor
made pursuant to the .inti-Itickback Act of June 13, 1934,
48 Stat. 948; 62 Stat. 740, 63 Stat. 108; 18 U.S.C. 874,
40 U.S.C. 276 b, c, and any amendments or modifications
thereof, will cause appropriate provisions to be inserted
in subcontracts to insure compliance therewith by all
subcontractors subject thereto, and will be responsible
for the submission of affidavits required of subcontractors
thereunder, except as the Secretary of Labor may specifically
provide for reasonable limitations, variations, tolerances
and exemptions from the requirements thereof.
(6) The contractor will insert in each of his subcontracts the
provisions set forth in stipulations (1), (2), (3)3 (4),(5)
and (7) hereof, and such other stipulations as the Housing
and Home Finance Agency of Federal Security Agency may be
appropriate instructions require.
(7) A breach of stipulations (1) through (G) may be grounds for
termination of the contract.
19. COMPUTATION OF FACES ON 8 -HOUR DAY.-- The wages of every laborer and mechanic
820
employed on any construction;. maintenance, repair, or demolition 'fork on any Project
shall be computed on a basic day rate of eight hours per day, and work in excess of
eight hours per day shall be permitted upon compensation for all hours worked in excess
of eight hours per day at not less than one and one-half times the basic rate of pay.
Specifications shall provide that the requirements contained in this paragraph shall
be met.
20. CERTIFICATIOl; OF WAGE RATES.-- Certification as to compliance with
the provisions of contracts regarding wage rates as determined by the Secretary of Labor
shall be made to the Government prior to the malting of any payment tmder any construction
contract. Specifications shall provide that the requirements contained in this paragraph
shall be met.
21. WAGE UNDERPAPIENT AND ADJUST1,1ENTS.-- In cases of tmderpayment of wages
by any contractor, the Applicant shall withhold out of monies due to the contractor an
amount sufficient to pay the workers the differences between the crated required to be paid
under the contract and the tirages actually paid such workers, and the Applicant shall
disburse such amounts so withheld to the respective employees to whom they are due.
Specifications shall provide that the requirements contained in this paragraph shall be met.
22. P1024ENTS TO CONTRACTORS. -- Not later than the fifteenth day of each
calendar month the Applicant shall make a partial payment to each construction contractor
on the basis of a duly certified and approved estimate of the work performed during the
preceding calendar month by the particular contractor, but shall retain tntil final
completion and acceptance of all work covered by the particular contract a reasonable
amount, specified in the contract, sufficient, to insure the proper performance of the
contract.
23. OPERATION OF PROJECT.-- The Applicant covenants that it 'fill operate
and maintain; or provide for the operation and maintenance of, the Project to serve the
objects and purposes for which the Federal aid has been made available under the Federal
Law and the terms of the agreement.
24. STATE OR TERRITORLIL LAI;'. -- Anything in the Agreement to the contrary
notwithstanding, nothing in the Agreement shall require the applicant to observe or
enforce compliance with any provision thereof, perform any other act or do any other
thing in contravention of any applicable State or territorial law: Provided, That if
any of the provisions of the AGreement violates any applicable State or territorial latf,
or if compliance with the provisions of the Agreement would require the Applicant to
violate any applicable Slate or Territorial law, the Applicant will at once notify the
Government in writing in order that appropriate changes and modifications may be made by
the Government and the Applicant to the end that the Applicant may proceed as soon as
possible with the construction of the Project.
821
25. WAIVER. -_ Any provision in the Agreement and tib Terms and
Conditions, except those made mandatory by lair, may be waived in whole or in part
(and subject to such conditions as may be deemed desirable) with the consent of the
Applicaht and the written approval of the Government without the execution of a new or
supplemental agreement, if it finds that the purpose of such Terms and Conditions is
fulfilled."
SECTION 3. That the Mayor of the City of Paducah be and he is hereby
authorized and directed for and on behalf of the City of Paducah to sign and execute an
Acceptance of the :agreement (same as the offer set out in Section 2 herein) and his
signature shall be attested by the City Clerk, said acceptance of the Agreement to be in
the following form:
"ACCEPTANCE OF THC AGRM, MT
111 -FH REAS, there has been filed with the Government in behalf of
Name of local Entity to Whom .agreement Nade
(herein called the 'Applicant'), an application for Federal assistance under the Defense
Housing and Community Facilities and Services Act of 1951, and the UITITED STATES OF AtMICi,
acting by and through the Housing and Home Finance Administrator, has transmitted to the
Applicant for acceptance of Agreement of Federal assistance in connection with the
project referred to in said application and described in said Agreement; and
Iv%ti M21S, said Agreement has been duly read in open meetin& fully considered
in accordance with all pertinent rules of procedure and legal requirements, and made a
part of the Applicant's public records; and
WTEREAS, it is deemed advisable and in the public interest that said
Agreement be accepted;
NOW, THEREFORE, BE IT
Resolved, Ordained, Ordered, Etc.
by the of the Applicant that the said agreement, a true and
Governing Body of Applicant
correct copy of tirhich, including the Terms and Conditions, is hereto attached, be and the
same hereby is accepted t,rithout reservation or qualification.
Passed by the aforementioned governing body of the .applicant of the
day of 195
Approved on the day of , 195
by the of the Applicant.
Title of Officer Required to approve
Published (if publication required) on the day of , 195_
(Signed)
(Name of Officer, Required to Approve
Title of Officer)
, 195
Approved as a Valid Acceptance of the
above-mentioned Agreement:
r_ttorney at Law
Address
CERTIFICATE OF RETCORWDIG OFFICM
I, the undersigned, the duly qualified and acting
Of the
Title of Officer Flame of Agency to i,hom Governmentts
(herein called the TApplicantt) and the keeper of the records
Agreement is directed
of the :.pplicant, including the journal of proceedings of the
Governing Body of the
(herein called the Governing Bodyt), do hereby certify:
Applicant
1. That the attached Acceptance of the Agreement of the United States of
America (herein called the 'Acceptance?), accepting the Agreement of the United States
of America, is a true and corrdct copy of the Acceptance as finally adopted at a meeting
of the Governing Body held on the date specified at the foot of such Acceptance, as
approved in the manner and date stated at the foot of such Acceptance, and as duly recorded
in my* office;
2. That the Agreement (frith the Terms and Conditions) attached to the
Acceptance is a true and correct copy of the Agreement of the United States of America
which as been duly accepted by the Applicant, and the original of such agreement is on
file in my office.
3. That said meeting was duly convened and held in all respects in accordancw
with law and to the extent required by law due and proper notice of such meeting was given;
that a legal quortim eras present throughout the meeting, and a legally sufficient number of
members of the Governing Body voted in the proper manner and for the adoption of said
Acceptance; that all other requirements and proceedings under the law incident to the
proper adoption or passage of said Acceptance, including publication, if required, have
been duly fulfilled, carried out, and othexnrise observed; and that I am authorized to
execute this certificate.
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4. That if an impression of a seal has been affixed beloi:, it constitutes
the official seal of the Applicant and this certificate is hereby e:zecuted under such
official seal; but if no seal has been affixed, the Applicant does not have an official
seal.
INT WITNESS WB REOr. I have hereunto set my hand this
day of , 195
If Applicant has official
Seal, impress here
(S E A L)
game of Officer
Title of Officer
SECTION 4. This ordinance shall be in full force and effect from and
after its adoption.
1•1ayor /J
Passed by the Board of Commissioners June 24, 1952
Recorded by Sarah Thurman, City Clerk, June 24, 1952