HomeMy WebLinkAbout99- EPA Assistance Agreement, Water Infrastructure
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U.S. ENVIRONMENTAL PROTECTI .y UUI , 1. ASSISTANCE 10 NO. 2. LOG NUMBER
EPA ASSISTANCE AGREEMENT / AMENDMENT XP988139-01 ~o 08-XP-
3. DATE OF AWARD 4. MAILING DATE
PART I . ASSISTANCE NOTIFiCATiON INFORMATiON (,.1,.1' ,,;,: . ,flue ;-,,"PO' \ C (, ~GQG
,"~, (", ,""r '
5. AGREEMENT TYPE 6. PAYMENT METHOD ""/'" "".,':)"
Co<>perative Agreeme'" D Adv.nce [K] R.lmbu......m..nt D ACH Number
Gr.nt Agreement X Send P.yment R"'lueM 10' 7. TYPE OF ACTION
A_iaUineo Amendment EPA MONTANA OFFICE NEW PROJECT
8. RECIPIENT 9. PAYEE
R CITY OF BOZEMAN CITY OF BOZEMAN
E ENGINEERING DIVISION P.O. BOX 640
C
I P.O. BOX 640 BOZEMAN, MT 59771-0640
P BOZEMAN, MT 59771-0640
I
E
N EINNO. I CONGRESSIONAL DISTRICT 10. RECIPIENT TYPE
T 81-6001238 01 CITY, VILLAGE, TOWN, BOROUGH
0 11. PROJECT MANAGER AND TELEPHONE NO. 12. CONSULTANT (WWT Conetructlon Gre_ only)
R CRAIG BRAWNER
G PROJECT MANAGER N/A
(406) 582-2380
E 13. ISSUING OFFICE (CITY / STATE) 14. EPA PROJECT / STATE OFFICER AND TELEPHONE NO.
P US ENVIRONMENTAL PROTECTION AGENCY BOYTER, J., PROJECT OFFICER
A EPA MONTANA OFFICE 301 S. PARK, DRAWER 10096
C FEDERAL BUILDING, DRAWER 10096, 8MO HELENA, MT 59626 (406) 441-1140
0
N 301 S. PARK QUICK, D., MONTANA OFFICE
T HELENA, MT 59626-0096 GRANTS SPECIALIST (406) 441-1120
A 15. EPA CONGRESSIONAL LIAISON & PHONE 16. STATE APPL 10 (Cleering_) 17. SCIENCE FIELD 18. PROJECT STEP
~ BARBARA BROOKS, (202) 260-5660 (WWT Conetructlon Gr._ Only)
N/A
--,_._,-,-.._,-_.._."."",",-,- 20. REGULATORY AUTHORITY
19. STATUTORY AUTHORITY 21. STEP 2 + 3 & STEP 3 (WWT Coruolruction Gra_ Only)
APPROPRIATIONS ACT OF 1999 (PL 105- 40 CFR PART 31 .. Tr_ment l....el
276) b. ProjOlC1 Type N/A
c. Treatm..nt Proceee
A "'"AftA n_iftft
22. PROJECT TITLE AND DESCRIPTION WATER INFRASTRUCTURE - SEWER AND STORMWATER INFRASTRUCTURE
NEEDS
23. PROJECT LOCATION jArea.lm....ctltd bv Proi0lC11
City / PI.ce County Slate I COngr~' Dietrict
BOZEMAN GALLATIN MT
24. ASSISTANCE PROGRAM (CFDA Program No. &. Title) 66.418: 25. PROJECT PERIOD 26. BUDGET PERIOD
Construction Grants For Wwt Works 10/01/99 - 12/31/04 10/01/99 -12/31/04
27. COMMUNITY POPULATION 28. TOTAL BUDGET PERIOD COST 29. TOTAL PROJECT PERIOD COST
CHWT Conatruclion Gr._ Only) N/A $0 $9,090.909
FUNDS FORMER AWARD THIS ACTION AMENDED TOTAL
30. EPA Amount Thl. Action $0 $5,000,000
31. EPA In-Kind Amount 0 0
32. Unexpended Prior Year Bal.nee 0 0
33. Other Fltder.l Fund. 0 0
:)4. AOICipient Contribution 0 4,090,909
35, Slate Contrlb<.Jtlon 0 0
36. lOClOI Contribution 0 0
37. Other Contribution 0 0
38. Allowabl. Proj8cl C_ $0 $9,090,909
39. Site Name Document FY Approp. Budget Program Object Site/Project Cost Obligation /
F Control Organization Element Class Organization Deobligatio
I Number
S 01) THIS ACTION KPG083 99 E4 08KOAU6 20301B 4111 5,000,000
C
A
L I
EPA Form ~700-20A (Rev.!S--II2). R.p_ prevlou. ood_ .nd EPA Form. ~700-tA.B.C. and O. .11 of which .... oboool"'...
, r PART II - APPROVED BUDGET
. SITE NAME: THIS ACTION ASSISTANCE IDENTIFICATION: XP988139-01-0 Page 2 of 7
TABLE A - OBJECT CLASS CATEGORY TOTAL APPROVED ALLOWABLE
(Non-coruoIJ'ucIlonl BUDGET PERIOD COST
1. PERSONNEL $0
2. FRINGE BENEFITS 0
3. TRAVEL 0
4. EQUIPMENT 0
5. SUPPLIES 0
6. CONTRACTUAL 350,000
7. CONSTRUCTION 8.740.909
8. OTHER 0
9. TOTAL DIRECT CHARGES $9090.909
10. INDIRECT COSTS: RATE % BASE 0
11. TOTAL (Share: Recipient 45.00% Federal 55,00 %.) $9,090,909
12. TOTAL APPROVED ASSISTANCE AMOUNT $5,000,000
TABLE B - PROGRAM ELEMENT CLASSIFICATION
(NOn-<;Ol\atruclion)
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12. TOTAL (Share: Recipient % Federal %.)
13. TOTAL APPROVED ASSISTANCE AMOUNT
TABLE C - PROGRAM ELEMENT CLASSIFICATION
(Construction)
1. ADMINISTRATION EXPENSE
2. PRELIMINARY EXPENSE
3. LAND STRUCTURES, RIGHT-OF-WAY
4. ARCHITECTURAL ENGINEERING BASIC FEES
5. OTHER ARCHITECTURAL ENGINEERING FEES
6. PROJECT INSPECTION FEES
7. LAND DEVELOPMENT
8. RELOCATION EXPENSE
9. RELOCATION PAYMENTS TO INDIVIDUALS AND BUSINESS
10. DEMOLITION AND REMOVAL
11. CONSTRUCTION AND PROJECT IMPROVEMENT
12. EQUIPMENT
13. MISCELLANEOUS
14. TOTAL (LinN' Ihru 13)
15. ESTIMATED INCOME (ihpplicabl.,)
16. NET PROJECT AMOUNT (Lln"14 minus 15\
17. LESS: INELIGIBLE EXCLUSIONS
1 8. ADD; CONTINGENCIES
19. TOTAL (Share; Recipient % Federal %.)
20. TOTAL APPROVED ASSISTANCE AMOUNT
I;PA rorm 5700.20A (Rev 5-a21
. I ...
PART III ..: AWARD CONDITIONS ASSISTANCE IDENTIFICATION: XP988139-Q1.0 Page 3 01 7
ADMINISTRATIVE TERMS AND CONDITIONS
1. The Project Work Plan is the work plan fer this award. Performance will be
evaluated consistent with the Policy on Performance Based Assistance dated May 31,
1985.
2. Pursuant to EPA Order 1000.35, dated January 24, 1990, the recipient
agrees to use recycled paper for all reports which are prepared as part of this
agreement and delivered to the Agency. This requirement does not apply to
Standard Forms. These forms are printed on recycled paper and are
available through the General Service Administration.
3. In accordance with EPA's Program for utilization of Small, Minority and Women's
Business Enterprises in procurement under assistance programs, the recipient agrees
to:
a) Accept the applicable FY 1998 ''fair share" goals negotiated with EP A by the
Montana Department of Environmental Quality as follow:
2% MBE 3% WBE
Personal Services:
Equipment:
Supplies:
Construction:
If the recipient does not want to rely on the applicable State's MBE/WBE goals, the
recipient agrees to submit proposed MBE/WBE goal based on availability of qualified
minority and women-owned businesses to do work in the relevant market for
construction, services, supplies and equipment. "Fair Share" objectives must be
submitted to Maurice Velasquez within 30 days of award and approved by EPA no
later than 30 days thereafter.
b) Ensure to the fullest extent possible that at least the. applicable ''fair share"
objectives of Federal funds for prime contracts or subcontracts for supplies,
construction, equipment or services are made available to organizations owned or
controlled by socially disadvantaged individuals, women and historically black colleges
and universities
c) Include in its bid documents ''fair share" objectives [see a) above] and require all
of its prime contractors to include in their bid documents for subcontracts the
negotiated fair share objectives.
d) Follow the six affirmative steps stated in 40 CFR 30.44(b), 40 CFR 31.36(e), 40
CFR 35.3145(d), or 40 CFR 35.6580(a) as appropriate.
e) For assistance awards for continuing environmental programs and assistance
awards with institutions of higher education, hospitals and other non-profit
EPA Form 5700--lOA (Rev, S--62)
.
PART 11l--'AWARD CONDITIONS ASSISTANCE IDENTIFICATION; XP988139.01-O Page 4 of 7
organizations, submit an Form 5700-52A "MBE/WBE Utilization Under Federal Grants,
Cooperative Agreement and Interagency Agreement", to the award official by October
30 of each year. Other program reports must be submitted to the award official within
30 days of end of the Federal fiscal year quarter (January 30, April 30, July 30, and
October 30).
f) In the event race and/or gender neutral efforts prove to be inadequate to achieve
a fair share objective for MBE/WBEs, the recipient agrees to notify EPA in advance
of any race and/or gender conscious action it plans to take to more closely achieve
the fair share objective.
4. The recipient must submit an annual Financial Status Report within 90 days after the
grant year, and must submit a final report within 90 days after the expiration or
termination of grant support in accordance with 40 CFR Part 31 A 1 (b).
5. Your assistance agreement may produce electronic date-sensitive data or systems
that use such data. Any information technology purchased, produced, submitted or
exchanged under this agreement must be capable of processing date data according
to EPA's Data Standard for representation of calendar dates (EPA Directive 2100,
IRM Policy Manual, Chapter 5, Data Standards). This information is located on the
EP A website (http://www .epa.gov /irmpoli8/polman/chaptr05.txt.html#calendar).
Information technology acquired under this agreement should be consistent with the
technical Year 2000 requirements as described in the Federal Acquisition Regulation
39.002. This information is located on the official GSA website
(http://www.arnet.gov/far/97.05/html/39.html) .
6. The grantee must comply with the audit provisions of OMS Circular A-133.
PROGRAM TERMS AND CONDITIONS
1. This grant award constitutes the maximum amount of grant participation in these
projects by EPA. Cost overruns will be the responsibility of the owner and any
additional costs to defend against contractor claims will not be reimbursed through
this or any future grant awards.
2. No payment(s) of the grant funds for any pre-award costs will be made unless a
deviation under 40 CFR Part 31.23(a) is granted to authorize the payment of such
costs.
3. The grantee agrees not to advertise the construction contract(s) for bids until an
approvable Facilities Plan is adopted by it- s governing body and the Facilities Plan as
been approved by the Montana Department of Environmental Quality and EP A.
EPA Form 5700.20A (R..... Ml.21
PrART 11I;-- AWARD CONDITIONS ASSISTANCE IDENTIFICATION: XP988139-0H~ Page 5 of 7
4. No project(s) contracts that mayor are intended to receive any funds from this grant
shall be advertised for construction and no building shall otherwise commence or
continue until the National Environmental Policy Act of 1969 (NEPA) process, 42
U.S.C.4321 et seq., is satisfactorily completed.
5. Contract specifications will require specific dust control measures as required by
applicable regulations, to be taken at sites of construction.
6. The grantee agrees not to advertise the construction contract for bids until: (1) a site
title opinion is submitted or the land is purchased and (2) the plans and specifications
have been approved by the Montana Department of Environmental Quality and EPA.
7. For all projects advertised for bids after the date of the award, the EPA shall first
approve the Contract Documents to assure that appropriate contract requirements are
included. EPA will review and approve these documents within 3 weeks of receipt.
8. In accordance with the suggested construction schedule, the grantee agrees to
expeditiously initiate and complete the project.
9. The grantee agrees to provide EPA with a schedule of projected outlays for
construction contracts awarded under this grant as soon as possible after the contract
has been awarded.
10. Best Management Practices must be utilized and monitored during the construction
phase to minimize pollution resulting from construction activities.
11. The owner's engineer will provide EPA with quarterly reports on the process of
construction. The first report will summarize the Preconstruction Conference. All
subsequent reports will briefly summarize the following points:
*Percent Completion
*Brief description of work completed
*Copy of updated CAM or other Progress Schedule
*Change Order Summary
12. EPA will have access to all records. These include the fiscal, engineering data and
files. EPA may at its option, perform routine construction inspections and will inform
the owner of any noted deficiencies within 2 weeks of the site visit.
13. In the event that archaeological artifacts or historical resources are unearthed during
construction excavation, construction activities must be stopped immediately. The
EPA Form 5700.20A (R..... ~2)
PART 111 -- AWARD CONDITIONS ASSISTANCE IDENTIFICATION: XP988139-01-0 Page 6 of 7
grantee must be notified and the grantee must, in turn, notify the State Historic
Preservation Office, Montana Department of Environmental Quality, and EPA. The
grantee may wish to hire a qualified archaeologist to monitor construction activities.
14. A qualified operator must be hired before payment can be disbursed beyond 50
percent. At a minimum, the chief operator shall be certified at the minimum grade
required by the Montana Department of Environmental Quality.
15. The Operation and Maintenance Manuals for all major equipment and unit processes
will be submitted in draft form at 90% completion of work. The final manual wijl be
completed upon start-up of the new facilities.
16. The grantee shall notify the Montana Department of Environmental Quality and EPA
in writing of the actual date of initiation of operation. On the date one year after the
operation of the project, the grantee shall certify whether the project meets the project
performance standards. If the project does not meet the performance standards the
grantee shall submit a corrective action report, a schedule for undertaking the
corrective action in a timely manner, and schedule a dare for certifying that the project
is meeting performance standards.
The grantee shall maintain and operate the project to meet project performance
standards as specified in the plans and specifications approval letter for the design
life of the project.
The grantee will insure that the engineering contract with the engineering firm
principally responsible for construction services requires the engineer to provide at a
minimum the following services during the one year following the initiation or
operation:
(1 ) Direct the operation of the project and revise the operation and maintenance
manual as necessary to accommodate actual operating experience;
(2) Train or provide for training of operating personnel and prepare curricula and
training material for operating personnel; and
(3) Advise the grantee whether the project is meeting the project performance
standards.
EPA Form ~700-2QA (R..... Ml.2)
/
ASSISTANCE IDENTIFICATION: XP988139-01-0 Page 7 of 7
SPECIAL CONDITIONS (continued)
.' .~~~~"'~'_'."_'N~W~___._,.,~_ P ART IV -~~- ~~~~-~
NOTE: The Agreement must be completed in duplicate and the Original returned to the Grants Administration Division for Headquarters
awards and to the appropriate Grants Administration Office for State and local awards within 3 calendar weeks after receipt or
within any extension of time as may be granted by EPA.
Receipt of a written refusal or failure to return the properly executed document within the prescribed time, may result In the
withdrawal of the offer by the Agency. Any change to the Agreement by the reclpien1 subsequent to the document being signed
by the EPA Award Official, which the Award Official determines to materially alter the Agreement, shall void the Agreement.
OFFER AND ACCEPTANCE
~'~~~-'~~-~.~~~--~..~-'.,._~-"
The United States of America, acting by and through the U.S. Environmental Protection Agency (EPA), hereby offers
assistance/amendment to the CITY OF BOZEMAN for 55.00 % of all approved
RECIPIENT ORGANIZATION
costs Incurred up to and not exceeding $ 5,000,000 for the support of approved budget period effort described
ASSISTANCE AMOUNT
in application (Including all application modifications) cited In Item 22 of this Agreement
07/27/99 WATER INFRASTRUCTURE , Included herein by reference.
DATE AND TITLE
ISSUING OFFICE (C]lranta Adminiatration OffIce) AWARD APPROVAL OFFICE
~-'.-._'~
ORGANIZATION / ADDRESS ORGANIZATION / ADDRESS
EPA MONTANA OFFICE GRANTS, AUDIT AND PROCUREMENT
FEDERAL BUILDING, DRAWER 10096, 8MO US EPA, REGION VIII, 8TMS-G
301 S. PARK 99918TH STREET, SUITE 500
ELENA,M 626-0096 DENVER, CO 80202-2466
UNITED STATES OF AMERICA BY THE U.S ENVIRONMENTAL PROTECTION AGENCY
CED NAME AND TITLE WAYNE ANTHOFER "l'l'lJ
-....-..- '; ~""~.~' "-
___g_IRJ.:_QIQB, GRANTS, AUDIT _~_pROCUREMENT _._ ,___._.~^",_,. '.~..on__'~.... .'._
nt is s c applicable U.S. Environmental Protection Agency statutory provisions and assistance regulations. In
acceptin his award or amendment and any payments made pursuant thereto, (1) the undersigned represents that he Is duly
authorized to act on behalf of the recipient organization, and (2) the recipient agrees (a) that the award is subject to the
applicable provisions of 40 CFR Chapter I, Subchapter B and of the provisions of this agreement (Parts I thru IV), and (b) that
acceptance of any payments constitutes an agreement by the payee that the amounts, If any found by EPA to have been
overpaid will be refunded or credited in full to EPA.
--. .,.., -'-".. ~,..~_. ~,.,----_._---,_._---" '--_.,~.".'_._-,_._--_.,._---_.--- --'~ ..~__.,_ n..___._,
no_.n BY AND ONI3E;-':!A.J.E()FJt-fED!O~IGNATED RE_911"-'E~TOI'lGANJ~IION
SIGNAT\!JRE TYPED NAME AND TITLE CLARK V. JOHNSON DAl1E
-. _.--...._.~~~--.. ....... \--. --..'-..'-."-".-... .-. CITY MANAGER 1 ,~ i ( !
:
EPA Form 571)(}-:I:OA (R..... 5-32)