COM 0087.003 1996-1998 - Laserfiche WebLink

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1 ~ Environmental Protection Agency-Grant Agreement PART IIIB - SPECIAL CONDITIONS 1. This grant offer is subject to withdrawal unless contracts for project construction are awarded within 90 days from the date of acceptance of this grant offer. 2. The grantee shall negotiate all engineering consulting subagreements so that the provisions contained therein are in conformance with the requirements set forth in 40 CFR Part 35, published in the Federal Register, September 27, 1978 and submit them to EPA within 90 days of the effective date of this Grant. No payments for the affected engineering work shall be made to the Grantee under this grant until EPA has approved all subagreements. 3. The Grantee shall submit the user charge system or ad- valorem tax rates and the industrial cost recovery system rates, incorporated :in a proposed municipal ordinance or other appropriate legislative enactment, to the EPA for approval, and thereafter, provide for its enactment before the treatment works constructed with the grant is placed into operation. 4. The grantee agrees to make payment to its contractor promptly after receipt of Federal sums due under this grant and to retain only such amounts as may be justified by specific circumstances and provisions of this grant or the construction contract. Retained amounts shall be limited, except where greater retention is necessary under specific circumstances specifically provided for in the construction contract, to the following schedule: (a) retention of up to 10% of payments claimed until construction,i_s 50% complete; (b) after construction is 50% complete, reduction of the total retainage to 5% of payments claimed, provided that the contractor is making satisfactory progress and there i.s no specific cause for greater withholding;