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Home My WebLink About99- US Environmental Protection Agency; Waste Water Treatment Works :, .. U.S. ENVIRONMENTAL PROTECTi'iW I Page 1017 I 1. ASSISTANCE 10 NO. 2. LOG NUMBER EPA ASSISTANCE AGREEMENT / AMENDMENT XP988139-01-0 08.XP- 3. DATE OF AWARD 4. MAILING DATE PART I - ASSISTANCE NOTIFICATION INFORMATION "~"L[) (') ''';' '1f'10n ~J:'P ~ n 1QQQ 5. AGREEMENT TYPE 8. PAYMENT METHOD ........~ w.... ,........"" '......... Cooperetlv. Allr_ o Adv...... [2S] Relmbu_ent o ACH Number Gr.nI All_.nI X Send Pey....... Req_ to: 7. TYPE OF ACTION ...1_..... Amend....... EPA MONTANA OFFICE NEW PROJECT 8. RECIPIENT 9. PAYEE R CITY OF BOZEMAN CITY OF BOZEMAN E C ENGINEERING DIVISION P.O. BOX 640 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 (WWTConetructlonGr.nlooonly) 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 ID (C...ring........) 17. SCIENCE FIELD 18. PROJECT STEP C BARBARA BROOKS, (202) 260-5660 (WWT conetruWn Gr..n. Only) T NA 19. STATUTORY AUTHORITY 20. REGULATORY AUTHORITY 21. STEP 2 + 3 & STEP 3 (WWT Conetructlon Gr..n. Only) APPROPRIATIONS ACT OF 1999 (PL 105- 40 CFR PART 31 .. Tl'Mtmenl Level 276) b. Proi<M:t Type l\I7A c. Tr__ P......- ~!;lud"..I'l_I".. 22. PROJECT TITLE AND DESCRIPTION WATER INFRASTRUCTURE - SEWER AND STORMWATER INFRASTRUCTURE NEEDS 23. PROJECT LOCATION IAr....lmpected by Project) City I P"'" County 5_ I Cong..-ionel Dletrlct BOZEMAN GALLATIN MT 01 24. ASSISTANCE PROGRAM (CFDA Progr.m No. & Title) 66.418: 25. PROJECT PERIOD 28. 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 (WWT Conetructlon Gr..n. Only) N/A $0 $9,090,909 FUNDS FORMER AWARD THIS ACTION AMENDED TOTAL JO. EPA A_unl Thle Action $0 $5,000,000 31. EPA I....Klnd Amounl 0 0 32. Unexpended Prior Veer B........ 0 0 33. 01..... Feder.1 Funde 0 0 34. Recipient Contribution 0 4,090,909 3S. Stet. Contribution 0 0 36. Locel Contribution 0 0 37. other Contribution 0 0 36. AlI_.bl. Project Coet $0 $9,090,909 311. SI1e Name Document FY Approp. Budget Program Objec Site/Project Cost Obligation / F Control Organization Element Class !Organization Deobllgatlo I Number S 01) THIS ACTION KPG083 99 E4 08KOAU6 20301B 4111 5,000,000 C A L EPA Form 5700.2OA (Rev. $-G). R..,...,.. prevloue edltlone .nd EPA Forme 5700.1A,8,C, .nd 0, .11 of which ... <>boo.... : r PART- II ": APPROVED BUDGET . .. . SITE NAME; THIS ACTION ASSISTANCE IDENTifiCATION; XP98813g..01-o Page 2 of 7 TABLE A. OBJECT CLASS CATEGORY TOTAL APPROVED ALLOWABLE (Non-conelrucdon) BUDGET PERIOD COST ,. 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 Sg 090 90g 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 (N"""""""'ucIlcln) 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 (conetructlon) ,. 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 (Un.. 1lhru 13) 15. ESTIMATED INCOME (if.ppliCllble) 16. NET PROJECT AMOUNT (Un. 14 mlnue15) 17. LESS: INELIGIBLE EXCLUSIONS 18. ADD; CONTINGENCIES 19. TOTAL (Share: Recipient % federal %.) 20. TOTAL APPROVED ASSISTANCE AMOUNT ~.,..'" 57OG-20A (R"" 5-'12) : / : #I PART III"': AWARD CONDITIONS ASSISTANCE IDENTIFICATION: XP988139-o1-o Page 3 017 ADMINISTRATIVE TERMS AND CONDITIONS 1. The Project Work Plan is the work plan for 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 Women1s Business Enterprises in procurement under assistance programs, the recipient agrees to: a) Accept the applicable FY 1998 '!fair sharell 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. IIFair Sharell 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 sharell 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 sharell 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 5700.2OA (R_. ~ ,. !.. PART 111-' AWARD CONDITIONS ASSISTANCE IDENTIFICATION: XP98813lJ..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 31.41 (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/irmpoIi8/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/htmI/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 EP A. 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 iC s governing body and the Facilities Plan as been approved by the Montana Department of Environmental Quality and EPA. EPA Form S7l)C).2OA (A..,. ~ .' ~RT 111.'- AWARD CONDITIONS ASSISTANCE IDENTIFICATION: XP988139-01-G 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 Oepartment 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. EP A 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 57llO-2OA (R.... $0.82) , I PART III ....: AWARD CONDITIONS ASSISTANCE IDENTIFICATION: XP988139-Q1-Q 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 will be completed upon start-up of the new facilities. 16. The grantee shall notify the Montana Department of Environmental Quality and EP A 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 date 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 5700-2OA (Rev. ~ ASSISTANCE IDENTIFICATION: XP988139-01-G Page 7 017 SPECIAL CONDITIONS (~"..-d) PART 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 tor State and local awards within 3 calendar weeks after receipt or within any eldension 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 recipient subsequent to the document being signed by the EPA Award OffIcial, which the Award OffIcial determine. to materially alter the Agreement, shall void the Agreement. OFFER AND ACCEPTANCE The United Stat" 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 tor the support of approved budget period effort described ASSISTANCE AMOUNT In application (Including all application modifications) cited In Item 22 ot this Agreement 07/27/99 WATER INFRASTRUCTURE DATE AND TITLE , Included herein by reference. ISSUING OFFICE Gr..... Admini....tlon OfIIce ORGANIZATION / ADDRESS EPA MONTANA OFFICE FEDERAL BUILDING, DRAWER 10096, 8MO 301 S. PARK ELENA,M AWARD APPROVAL OFFICE ORGANIZATION I ADDRESS GRANTS, AUDIT AND PROCUREMENT US EPA, REGION VIII, BTMS-G 999 18TH STREET, SUITE 500 DENVER, CO 80202-2466 UNITED STATES OF AMERICA BY THE U.S ENVIRONMENTAL PROTECTION AGENCY TYPED NAME AND TITLE WAYNE ANTHOFER DIRECTOR, GRANTS, AUDIT & PROCUREMENT !tl' 2 3 '1999 SIGNATrE ~ ntls s applicable U.S. Environmental Protection Agency statutory provisions and as.lstance regulations. In acceptln his award or amendment and any payments made pursuant thereto, (1) the undersigned repr"ents that he Is duly authorized to act on behalf of the recipient organization, and (2) the recipient agrees (a) that the award Is sLlbject to the applicable provisions of 40 CFR Chapter I, Subchapter Band ot 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. BY AND ON BEHALF OF THE DESIGNATED RECIPIENT ORGANIZATION TYPED NAME AND TITLE CLARK V. JOHNSON CITY MANAGER DA I ( :~ I ~T'I EP A Form ,700.:lOA (R.... :1-32)