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HomeMy Public PortalAbout2007 Grant Agreement.tifXP - 96461606 - 0 Paae 1 00ti) Srq,4s Ank '" 14k 4, q 44 PRCO U.S. ENVIRONMENTAL PROTECTION AGENCY Grant Agreement ASSISTANCE ID NO. DATE OF AWARD 06/25/2007 PRG DOC ID AMEND# XP - 96461606 - 0 TYPE OF ACTION New MAILING DATE 07/02/2007 PAYMENT METHOD: Reimbursement ACH# PEND RECIPIENT TYPE: Municipal Send Payment Request to: Dorothy Rayfield, Water Management Division, 404-562-9278 RECIPIENT: PAYEE: Village of Key Biscayne 88 West McIntyre Street Key Biscayne, FL 33149 EIN: 65-0291811 88 West McIntyre Street Key Biscayne, FL 33149 PROJECT MANAGER EPA PROJECT OFFICER EPA GRANT SPECIALIST Armando Nunez 88 West McIntyre Street Key Biscayne, FL 33149 E -Mail: anunez@keybiscayne.fl.gov Phone: 305-365-8945 Mario Machado 61 Forsyth Street Atlanta, GA 30303-8960 E -Mail: Machado.Mano@epa gov Phone: 404-562-9338 Shirley Grayer Grants Management Office E -Mail: Grayer.Shirley@epamail.epa gov Phone: 404-562-8416 PROJECT TITLE AND DESCRIPTION Congressionally Mandated Projects This action approves an award in the amount of $964,300 in accordance with the Consolidated Appropriations Act of 2004 for the construction of a collection system for the Village of Key Biscayne and upgrade of pump stations. BUDGET PERIOD 02/07/2007 - 01/31/2012 PROJECT PERIOD 02/07/2007 - 01/31/2012 TOTAL BUDGET PERIOD COST $11, 830, 410.00 TOTAL PROJECT PERIOD COST $11,830,410.00 NOTICE OF AWARD Based on your application dated 12/04/2006, including all modifications and amendments, the United States acting by and through the US Environmental Protection Agency (EPA), hereby awards $964,300. EPA agrees to cost -share 8.15% of all approved budget period costs incurred, up to and not exceeding total federal funding of $964,300. Such award may be terminated by EPA without further cause if the recipient fails to provide timely affirmation of the award by signing under the Affirmation of Award section and returning all pages of this agreement to the Grants Management Office listed below within 21 days after receipt, or any extension of time, as may be granted by EPA. This agreement is subject to applicable EPA statutory provisions. The applicable regulatory provisions are 40 CFR Chapter 1, Subchapter B, and all terms and conditions of this agreement and any attachments. ISSUING OFFICE (GRANTS MANAGEMENT OFFICE) AWARD APPROVAL OFFICE ORGANIZATION / ADDRESS ORGANIZATION / ADDRESS 61 Forsyth Street Atlanta, GA 30303-8960 U.S. EPA, Region 4 Water Management Division 61 Forsyth Street Atlanta, GA 30303-8960 THE UNITED STATES OF AMERICA BY THE U.S. ENVIRONMENTAL PROTECTION AGENCY SIGNATURE OF AWARD OFFICIAL Digital signature applied by EPA Award Official TYPED NAME AND TITLE J. I. Palmer, Jr., Regional Administrator DATE 06/25/2007 AFFIRMATION OF AWARD BY AND ON BEHALF OF THE DESIGNATED RECIPIENT ORGANIZATION SIGNATURE 4�%,,,,J,„4,ji TYPED NAME AND TITLE Jud Kurlancheek, Interim Village Manager DATE 9- EPA Funding Information XP - 96461606 - 0 Page 2 FUNDS FORMER AWARD THIS ACTION AMENDED TOTAL EPA Amount This Action $ $ 964,300 $ 964,300 EPA In -Kind Amount $ $ $ 0 Unexpended Prior Year Balance $ $ $ 0 Other Federal Funds $ $ $ 0 Recipient Contribution $ $ 5,766,110 $ 5,766,110 State Contribution $ $ $ 0 Local Contribution $ $ 5,100,000 $ 5,100,000 Other Contribution $ $ $ 0 Allowable Project Cost $ 0 $ 11,830,410 $ 11,830,410 Assistance Program (CFDA) Statutory Authority Regulatory Authority 66.202 - Congressionally Mandated Projects Consolidated Appropriations Act of 2004 (PL 108-199) 40 CFR PART 31 Fiscal Site Name Reg No FY Approp. Code Budget Organization PRC Object Class Site/Project Cost Organization Obligation / Deobligation - 0704VX7063 07 E4C 04VOGAB 202651E 4183 - - 964,300 964,300 XP - 96461606 - 0 Page 3 Approved Budget Program Element Classification (Construction) Approved Allowable Budget Period Cost 1. Administration Expense $0 2. Preliminary Expense $0 3. Land Structure, Right Of Way $0 4. Architectural Engineering Basic Fees $p 5. Other Architectural Engineering Fees $0 6. Project Inspection Fees $830,410 7. Land Development $0 8. Relocation Expenses $0 9. Relocation Payments to Individuals & Bus. $0 10. Demolition and Removal $0 11. Construction and Project Improvement $11,000,000 12. Equipment $0 13. Miscellaneous $0 14. Total (Lines 1 thru 13) $11,830,410 15. Estimate Income $p 16. Net Project Amount (Line 14 minus 15) $11,830,410 17. Less: Ineligible Exclusions $0 18. Add: Contingencies $0 19. Total (Share: Recip 91.85% Fed 8.15%) $11,830,410 20. TOTAL APPROVED ASSISTANCE AMOUNT $964,300 XP - 96461606 - 0 Page 4 Administrative Conditions 1. PROCUREMENT FOR ENGINEERING AND OTHER PROFESSIONAL SERVICES The costs of professional engineering and any other professional services contracts procured in compliance with the minimum standards for procurement under grants (see 40 CFR 31.36) are allowable costs for reimbursement with grant funds. No grant funds may be used to reimburse the federal share of any engineering or other professional services contract(s) found to be in noncompliance with the grant procurement regulations. (Note: all project expenditures are deemed to include both the federal and nonfederal shares). The recipient agrees to conduct all procurement for engineering and other professional services in compliance with 40 CFR 31.36(b) -(k) (copy attached). The recipient also agrees to submit to EPA for pre -award and/or post -award review procurement documents including, but not limited to: selection procedures, requests for qualifications and/or proposals, evaluation methodology and results, memorandum of review or negotiation, cost analyses, proposed contract documents, etc. No payments may be made under this grant until EPA has received and reviewed the procurement documents for compliance with the minimum standards for procurement. 2. PROCUREMENT FOR CONSTRUCTION The cost of construction contracts procured in compliance with the minimum standards for procurement under grants (see 40 CFR 31.36) are allowable costs for reimbursement with grant funds. No grant funds may be used to reimburse the federal share of any construction contract(s) found to be in noncompliance with the grant procurement regulations. (Note: all project expenditures are deemed to include both the federal and nonfederal shares). The recipient agrees to conduct all procurement for construction in compliance with 40 CFR 31.36(b) -(k) and include the "EPA Supplemental General Conditions for Federally Assisted Construction Contracts" (enclosed) including Minority Business Enterprise and Women's Business Enterprise Goals in any bidding documents. The recipient also agrees to submit to EPA for pre -award and/or post award review procurement documents including, but not limited to: invitations for bids, independent cost estimates, bid documents, disadvantaged business enterprise documentation, etc. No payments may be made under this grant until EPA has reviewed the construction procurement documents for compliance with the minimum standards for procurement. 3. LOBBYING - ALL RECIPIENTS The recipient agrees to comply with Title 40 CFR Part 34, New Restrictions on Lobbying. The recipient shall include the language of this provision in award documents for all subawards exceeding $100,000, and require that subrecipients submit certification and disclosure forms accordingly. In accordance with the Byrd Anti -Lobbying Amendment, any recipient who makes a prohibited expenditure under Title 40 CFR Part 34 or fails to file the required certification or lobbying forms shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such expenditure. 4. LOBBYING AND LITIGATION - ALL RECIPIENTS Pursuant to EPA's annual Appropriations Act, the chief executive officer of this recipient agency shall require that no grant funds have been used to engage in lobbying of the Federal Government or in litigation against the United States unless authorized under existing law. As mandated by this Act, the recipient agrees to provide certification to the award official via EPA Form 5700-53, Lobbying and Litigation Certificate, within 90 days after the end of project period. Recipient shall abide by its respective OMB Circular (A-21, A-87, or A-122), which prohibits the use of federal grant funds for litigation against the United States. Any Part 30 recipient shall abide by its respective OMB Circular (A-21 or A-122), which prohibits the use of Federal grant funds to participate in various forms of lobbying or other political activities. 5. RECYCLING TERM AND CONDITION ALL APPLICANTS: In accordance with EPA Order 1000.25 and Executive Order 13101, Greening the Government Through Waste Prevention, Recycling, and Federal Acquisition, the recipient agrees to use recycled paper for all reports which are prepared as a part of this agreement and delivered to EPA. This requirement does not apply to reports prepared on forms supplied by EPA, or to Standard Forms, which are printed on recycled paper and are available through the General Services Administration. Please note that Section 901 of E.O. 13101, dated September 14, 1998, revoked E.O. 12873, Federal Acquisition, Recycling, and Waste Prevention in its entirety. STATE AGENCIES AND POLITICAL SUBDIVISIONS: Any State agency or agency of a political subdivision of a State which is using appropriated Federal funds shall comply with the requirements set forth in Section 6002 of the Resource Conservation and Recovery Act (RCRA) (42 U.S.C. 6962). Regulations issued under RCRA Section 6002 apply to any acquisition of an item where the purchase price exceeds $10,000 or where the quantity of such items acquired in the course of the preceding fiscal year was $10,000 or more. RCRA Section 6002 requires that preference be given in procurement programs to the purchase of specific products containing recycled materials identified in guidelines developed by EPA. These guidelines are listed in 40 CFR 247. 6. EXECUTIVE ORDER 13202 The assistance recipient agrees to comply with Executive Order 13202 (Feb. 22, 2001, 66 Fed. Reg. 11225) of February 17, 2001, entitled "Preservation of Open Competition and Government Neutrality Towards Government Contractors' Labor Relations on Federal and Federally Funded Construction Projects," as amended by Executive Order 13208 (April 11, 2001, 66 Fed. Reg. 18717) of April 6, 2001, entitled "Amendment to Executive Order 13202, Preservation of Open Competition and Government Neutrality Towards Government Contractors' Labor Relations on Federal and Federally Funded Construction Projects." 7. HISTORIC PROPERTIES The recipient agrees to consult with the appropriate State Office in the identification and evaluation of any pre -1946 structures which may be impacted by scheduled project activities, or properties located adjacent to the activities areas. The recipient agrees to comply with efforts to identify, evaluate and appropriately design project activities to avoid or minimize adverse project impacts to any historic properties listed, or which satisfy the criteria for eligibility for listing (36 CFR 60.4), in the National Register of Historic Places. 8. PROVISIONS The provisions of the "Award of Grants and Cooperative Agreements for the Special Projects and Programs Authorized by the Agency's FY 03 Appropriations Act" dated July 22, 2003 (enclosed) is incorporated herein by reference. 9. SUSPENSION AND DEBARMENT - ALL RECIPIENTS Recipient shall fully comply with Subpart C of 2 CFR Part 180 and 2 CFR Part 1532, entitled "Responsibilities of Participants Regarding Transactions (Doing Business with Other Persons)." Recipient is responsible for ensuring that any lower tier covered transaction as described in Subpart B of 2 CFR Part 180 and 2 CFR Part 1532, entitled "Covered Transactions," includes a term or condition requiring compliance with Subpart C. Recipient is responsible for further requiring the inclusion of a similar term or condition in any subsequent lower tier covered transactions. Recipient acknowledges that failing to disclose the information as required at 2 CFR 180.335 may result in the delay or negation of this assistance agreement, or pursuance of legal remedies, including suspension and debarment. Recipient may access the Excluded Parties List System at www.epls.gov. This term and condition supersedes EPA Form 5700-49, "Certification Regarding Debarment, Suspension, and Other Responsibility Matters." 10. EPA PARTICIPATION This award and the resulting ratio of funding is based on estimated costs requested in the application. EPA participation in the final total allowable program/project costs (outlays) shall not exceed the statutory limitation of 55% of total allowable program/project costs or the total funds awarded, whichever is lower. 11. MBE/WBE AND SMALL BUSINESS CONDITION FOR NON-SRF RECIPIENTS REQUIREMENTS: The recipient agrees to comply with the requirements of EPA's Program for Utilization of Small, Minority, and Women's Business Enterprises in procurement under assistance agreements. FAIR SHARE GOALS: FLORIDA SRF Construction: 9% MBE and 3% WBE (both SRFs) All Other Categories: 15% Combined (a) The recipient accepts the Minority Business Enterprise/Women's Business Enterprise (MBE/WBE) "fair share" goals and objectives negotiated with EPA as follows: (b) If the recipient does not want to rely on the applicable State's MBE/WBE goals, the recipient agrees to submit proposed MBE/WBE goals 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 the EPA Grants Management Office, 61 Forsyth Street, Atlanta, GA 30303 within 30 days of award and approved by EPA no later than 30 days thereafter. PURPOSE AND OBJECTIVE: The recipient agrees to 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 and economically disadvantaged individuals, women and Historically Black Colleges and Universities. BID DOCUMENTS FOR PRIME AND SUBCONTRACTORS: The recipient agrees to include in its bid documents the applicable "fair share" objectives and require all of its prime contractors to include in their bid documents for subcontracts the negotiated "fair share" percentages. REQUIRED STEPS AND DOCUMENTATION: The recipient agrees to follow the six affirmative steps or positive efforts stated in 40 CFR §30.44(b), 40 CFR §31.36(e), or 40 CFR §35.6580, as appropriate, and retain records documenting compliance. REPORTING: The recipient agrees to submit an EPA form 5700-52A "MBE/WBE Utilization Under Federal Grants, Cooperative Agreements and Interagency Agreements," beginning with the Federal fiscal year quarter the recipient receives the award and continuing until the project is completed. These reports must be submitted to the Grants Management Office within 30 days of the end of the Federal fiscal quarter (January 30, April 30, July 30, and October 30). For assistance awards for continuing environmental programs and assistance awards with institutions of higher education, hospitals and other non-profit organizations, the recipient agrees to submit an EPA form 5700-52A to the EPA Grants Management Office, 61 Forsyth Street, Atlanta, GA 30303 by October 30 each year. RACE AND GENDER NEUTRAL ACTION: If race and /or gender neutral efforts prove inadequate to achieve a "fair share" objective, 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. SMALL AND RURAL BUSINESSES: In accordance with Section 129 of Public Law 100-590, the Small Business Administration Reauthorization and Amendment Act of 1988, the recipient agrees to utilize and to encourage any prime contractors under the assistance agreement to utilize small business located in rural areas to the maximum extent possible. The recipient agrees to follow the six affirmative steps stated in 40 CFR 30.44(b), 31.36 or 35.6580 as appropriate, in the award of any contracts under this assistance agreement. Compliance with this requirement will be monitored during management review conducted by EPA. 12. DRUG -FREE WORKPLACE CERTIFICATION FOR ALL EPA RECIPIENTS The recipient organization of this EPA assistance agreement must make an ongoing, good faith effort to maintain a drug -free workplace pursuant to the specific requirements set forth in Title 40 CFR 36.200 - 36.230. Additionally, in accordance with these regulations, the recipient organization must identify all known workplaces under its federal awards, and keep this information on file during the performance of the award. Those recipients who are individuals must comply with the drug -free provisions set forth in Title 40 CFR 36.300. The consequences for violating this condition are detailed under Title 40 CFR 36.510. Recipients can access the Code of Federal Regulations (CFR) Title 40 Part 36 at http://www.access.gpo.gov/nara/cfr/waisidx 06/40cfr36 06.htm I. 13. HOTEL -MOTEL FIRE SAFETY Pursuant to 40 CFR 30.18, if applicable, and 15 USC 2225a, the recipient agrees to ensure that all space for conferences, meetings, conventions, or training seminars funded in whole or in part with federal funds complies with the protection and control guidelines of the Hotel and Motel Fire Safety Act (PL 101-391, as amended). Recipients may search the Hotel -Motel National Master List at http://www.usfa.dhs.gov/applications/hotel/ to see if a property is in compliance (FEMA ID is currently not required), or to find other information about the Act. Those recipients who are individuals must comply with the drug -free provisions set forth in Title 40 CFR 36.300. The consequences for violating this condition are detailed under Title 40 CFR 36.510. Recipients can access the Code of Federal Regulations (CFR) Title 40 Part 36 at http://www.access.gpo.gov/nara/cfr/waisidx 06/40cfr36 06.html. Programmatic Conditions 1. The grantee agrees to follow procedures contained in the most current edition of the EPA Region 4, A Special Appropriations Projects (SPAPs) Grant Procedures Workbook. 2. The grantee shall follow all requirements under 40 CFR 31.36 when procuring construction contracts including: assuring full and open competition; procuring by federally approved methods; performing a cost/price analysis; and ensuring contracts include MBE/WBE requirements, bonding requirements, compliance with federal, state and local laws, inclusion of Part 31.36(i) contract provisions, and subcontractor requirements. 3. The grantee agrees to obtain EPA Project Officer review and concurrence of plans and specifications for all construction contracts prior to the advertisement for bids. 4. The grantee shall notify the EPA Project Officer of any contract awards made as part of this grant and provide a copy to EPA if so requested. 5. In consultation with the EPA Project Officer, the grantee shall conduct a pre -construction conference for each construction contract awarded as part of this grant. 6. The grantee will assure the EPA that all land, easements, and rights -of -way necessary for the construction of the project have been obtained prior to initiating construction. 7. The grantee will obtain all necessary state and local permits, including a permit to construct from the appropriate state agency, coverage under the States NPDES general permit for construction activities, and/or a Corps of Engineers Section 404 permit (if applicable), prior to initiating construction. 8. The grantee shall submit to the EPA Project Officer a quarterly progress report beginning with the award of this grant and a final report pursuant to 40 CFR 31.40. These reports will consist of updated progress toward work objectives, problems encountered, actions taken to resolve problems and discussion of remaining tasks. This report may be as brief as one page so long as all the requested information is provided. The items listed below should be addressed, as appropriate: Quarterly Progress Report Outline for Special Appropriations Grants Grant Number. Grantee Name: Project Name: Grantee's Authorized Representative: a. What work was accomplished for this reporting quarter? b. What problems, if any, were encountered? c. If a problem was encountered, what action was taken to correct it? d. Is the project work on schedule? (a) This quarter? (b) For the project? e. If the project is not on schedule, what is proposed for a revised schedule? f. Does the new schedule require a time extension? g. Is there a change in the Grantee's Authorized Representative or any of the key contacts? 9. The EPA, and its delegated representatives, shall have access to the project work site and project records at all times. 10. The grantee has EPA approval to use of [grant funds to purchase land and/or easements] or [land as match] under this grant project. The grantee agrees to provide EPA a copy of the appraisal obtained in accordance with procedures established under 49 CFR 24.103 and provide documentation of the required deed restriction (see condition no. 12). 11. The purchased land parcel(s) or land parcel(s) used as match will require the following deed restriction: The [County/City] of [name and state], [purchased this land with federal funds/used this land as match] under a grant from the U.S. Environmental Protection Agency (EPA), grant no. The [County/City] may only use this land, delineated on the attached boundary survey, as a [project description, e.g., storm water retention project], as described in EPA grant no. . The [County/City] will be responsible for maintaining this deed restriction in perpetuity. In the event the [County/City] of [name and state], wishes to change the use of the land from the identified grant purpose, the [County/City] must contact the EPA, Region 4, and request written instructions for disposition pursuant to applicable EPA grant regulations. 12. The grantee shall comply with the requirements of 49 CFR Part 24, Uniform Relocation Assistance and Real Property Acquisition for Federal and Federally Assisted Programs, when acquiring land and/or permanent easements as part of this grant. 13. The grantee agrees to comply with 40 CFR 31.31, which addresses the use and disposal of real property acquired under a federal grant. 14. The grantee has obtained EPA approval for pre -award costs occurring on or after October 1s1 in the year of the appropriations related to land acquisition costs including surveys, appraisals, options, associated administrative work, etc. for the project covered by this grant. The grantee agrees to submit copies of invoices, appraisals, etc. to EPA for review and approval of these pre -award costs. 15. The grantee agrees to comply with the applicable Cross -Cutting Federal Laws and Authorities listed as an attachment to this grant award document. 16. The grantee will submit its reimbursement request (SF271) and appropriate invoices to EPA and obtain EPA's review of the documents prior to submitting the reimbursement request to the United States Department of Treasurys "Automated Standard Application for Payment" (ASAP) system.