HomeMy WebLinkAboutRES 02-236 RESOLUTION NO. 02-236
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Council hereby authorizes the City Manager to execute a cooperative
agreement with the United States Environmental Protection Agency (U.S. EPA Region 6)
to rehabilitate the Howell/Yount outfall sewer. The agreement is substantially in the form
attached hereto as Exhibit "A."
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 15th day of
October, 2002.
-- Mayor-
JSCQ 7AN
XP-97617601 -0 Page 1
,cc ASSISTANCE ID NO.
U.S. ENVIRONMENTAL PR G DOC ID JAMEND# DATE OF AWARD
PROTECTION AGENCY XP - 97617601 - 0 SEP 1 2 2002
TYPE OF ACTION MAILING DATE
New I SEP 1 9 2002
�� Cooperative Agreement PAYMENT METHOD: ACH#
Reimbursement
RECIPIENT TYPE: Send Payment Request to:
Municipal Grants Management Office(6MD-RX)
RECIPIENT: PAYEE:
City of Beaumont City of Beaumont
P.O.Box 3827 P.O.Box 3827
Beaumont,TX 77701 Beaumont,TX 77701
EIN: 74-6000278
PROJECT MANAGER EPA PROJECT OFFICER EPA GRANT SPECIALIST
Joseph G.Majdalani P.E. Henry Liao Jeraldine Englerth
1350 Langham Road 1445 Ross Avenue,6WQ-AP Grants Management Office,6MD-RX
Beaumont,TX 77707 Dallas,TX 75202-2733 E-Mail: Englerth.Jeraidine®epa.gov
E-Mail: jmajdalani*ci.beaumont.tx.us E-Mail: Liao.Henry®epa.gov Phone:214-665-7402
Phone:409-866-0026 Phone:214-665-7149
PROJECT TITLE AND DESCRIPTION
City of Beaumont,Texas Water and Wastewater Infrastructure Improvements.
Rehabilitation of the Howell/Yount Outfall Sewer.The project will rehabilitate the Howell/Yount outfall sewer to recapture its flow capacity,insure service
reliability and prevent overflows.
BUDGET PERIOD PROJECT PERIOD TOTAL BUDGET PERIOD COST TOTAL PROJECT PERIOD COST
10/01/2002 - 10/30/2005 --710/01/2002 - 10/30/2005 $855,455.00 $855,455.00
NOTE: The Agreement must be completed In duplicate and the Original returned to the appropriate Grants Management Office listed below,
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 Recipient 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,acting by and through the U.S.Environmental Protection Agency(EPA),hereby offers
Assistance/Amendment to the City of Beaumont for 55.00 %of all approved costs incurred
up to and not exceeding $470.500 for the support of approved budget period effort described in application(including
all application modifications)cited in the Project Title and Description above,signed_ 07/19/2002 Included herein
by reference.
ISSUING OFFICE(GRANTS MANAGEMENT OFFICE) AWARD APPROVAL OFFICE
ORGANIZATION/ADDRESS ORGANIZATION/ADDRESS
Management Division,6MD-RX U.S.EPA,Region 6
Fountain Place
1445 Ross Avenue 1445 Ross Avenue
Dallas,TX 75202-2733 Dallas,TX 75202-2733
THE UNITED STATES OF AMERICA BY THE U.S.ENVIRONMENTAL PROTECTION AGENCY
SIGNAT OF AWA FICIAL TYPED NAME AND TITLE
t� -t! Miguel I.Flores,Director,Water Quality Protection Division PP 1E2 2-302
This/ reement is subject to applicable U.S.Environmental Protection Agency statutory provisions and assistance regulations. In
ac e tang this award or amendment and any payments made pursuant thereto,(1)the undersigned represents that he is duly
a dthorized 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 1,Subchapter B and of the provisions of this agreement(and all attachments),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
SIGNATURE TYPED NAME AND TITLE DATE
Stephe"-Boncaek,City Manager
Kyle Hayes,
EXHIBIT "A"
EPA Funding Information XP-97617601 -0 Page 2
FUNDS FORMER AWARD THIS ACTION AMENDED TOTAL
EPA Amount This Action $ $470,500 $470,500
EPA In-Kind Amount $ $ $ 0
Unexpended Prior Year Balance $ $ $0
Other Federal Funds $ $ $0
Recipient Contribution $ $384,955 $384,955
State Contribution $ $
$0
Local Contribution $ $ $0
Other Contribution $ $ $0
Allowable Project Cost $0 $855,455 $855,455
Assistance Program(CFDA) Statutory Authority Regulatory Authority
66.606-Surveys-Studies-Investigations-Specl Appropriations Act of 2002(PL 107-73) 40 CFR PART 31
Fiscal
Site Name DCN FY Approp. Budget PRC Object Site/Project Cost Obligation/
Code Organization Class Organization Deobligation
WE0018 02 E4 065KQF3 20301B 4183 470,500
f
470,500
XP-97617601 0 Paqe 3
Bud et SummarV Page
Table A-Object Class Category Total Approved Allowable
(Non-construction) Budget Period Cost
1.Personnel $0
2.Fringe Benefits $0
3.Travel $0
4.Equipment $0
5.Supplies $0
6.Contractual $0
7.Construction $855,455
8.Other $0
9.Total Direct Charges $855,455
10.Indirect Costs: % Base $0
11.Total(Share: Recipient 45 nn%, Federal 5,9_M%.) $855,455
12.Total Approved Assistance Amount $470,500
13.Program Income $0
f
Administrative Conditions XP-97617601 -0 Pape 4
This Assistance Agreement is awarded in accordance with the Federal Grants and Cooperative
Agreement Act of 1977. Areas of substantial EPA involvement, beyond the normal exercise of
performance evaluation and program review, have been detailed in specific output objectives
which resulted from negotiation between EPA and the recipient. These areas are included in the
application for this award and have become a part of this Agreement.
1. The recipient covenants and agrees that it will expeditiously initiate and timely complete the
project work for which assistance has been awarded under this Agreement, in accordance
with all applicable provisions of 40 CFR Chapter 1,Subchapter B. The recipient warrants,
represents, and agrees that it and all its contractors, employees and representatives, will
comply with all APPLICABLE provisions of 40 CFR Chapter 1, Subchapter B,
INCLUDING BUT NOT LIMITED TO the provisions of 40 CFR Parts 31,32,34,and
35. This award may be reduced or terminated at such time the recipient fails to comply with
the program objectives, grant award conditions,or Federal reporting requirements.
2. Recipient standards of administration, property management,procurement and financial
management, as well as records and facilities of recipients, their contractors and
subcontractors are subject to audit and inspection by the Comptroller General of the United
States and the U.S. Environmental Protection Agency in accordance with Office of
Management and Budget (OMB) Circulars A-87, A-102, A-110, A-133 and 40 CFR Part 31.
The recipient's standards governing procurement will be in accordance with 40 CFR, Part
31.36 and OMB Circular A-102. The recipient shall maintain a financial management system
which meets the requirements of 40 CFR Part 31.20.
3. In accordance with the requirements contained in Section 6002 of the Resources
Conservation and Recovery Act (RCRA), 42 USC 6962, the recipient is required to purchase
items containing recovered materials. These requirements apply when the recipient
purchases more than $10,000 each Fiscal Year of any item covered by the following
` procurement guidelines including: paper and paper products (40 CFR Part 250); lubricating
oil containing re-refined oil (40 CFR Part 252); retread tires (40 CFR Part 253); building
insulation products (40 CFR Part 248) and cement and concrete containing fly ash (40 CFR
Part 249). EPA publication PROCUREMENT GUIDELINES FOR GOVERNMENT
AGENCIES dated December, 1990 (EPA/530-SW-91-011) provides specific
recommendations for the implementation of these requirements.
4. Pursuant to EPA Order 1000.25, dated January 24, 1990, 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 standard forms which are printed on recycled paper when
available through the General Services Administration.
5. In accordance with 40 CFR Part 31.41, the recipient shall submit an annual Financial
Status Report (FSR),Standard Form 269 or 269A, to:
Grants Team (6MD-RX)
U. S. Environmental Protection Agency, Region 6
1445 Ross Avenue
Dallas, Texas 75202-2733
The final Financial Status Report(FSR) is due on or before 90 days after the end of the
budget period. In accordance with Agency policy, all project expenditures reported by the
recipient shall be deemed to include both the Federal and recipient share of the expenditures.
For construction grants when required in accordance with 40 CFR Part 31.41(e)(2)(iii), the
Federal agency may substitute the Financial Status Report specified in Part 31.41(b) for the
Outlay Report and Request for Reimbursement, Standard Form 271.
6. The recipient agrees to ensure that all conference, meeting, convention, or training space
funded in whole or in part with federal funds, complies with the Hotel and Motel Fire Safety
Act of 1990.
7. Under the Paperwork Reduction Act of 1980, Office of Management and Budget(OMB)
clearance must be obtained prior to collecting information from 10 or more persons and will
use EPA's name while collecting the information under this project. The term "person"
means an individual, partnership, association, corporation, business, trust, or legal
representative, an organized group of individuals, a State, territorial, or local government or
branch thereof, or a political subdivision of a State, territory, or local government or a branch
of a political subdivision. The EPA Project Officer is responsible for requesting clearance
from OMB.
8. In accordance with OMB Circular A-21, A-87, or A-22, as appropriate, the recipient agrees
that it will not use project funds, including the Federal and non-Federal share, to engage in
lobbying the Federal Government or in litigation against the United States. The recipient also
agrees to provide the information mandated by EPA's annual appropriations acts for fiscal
years 2000, 2001 and 2002 (PL 106-74, Section 426 and PL 106-377, Section 424
respectively) which require as follows: "A chief executive officer of any entity receiving
funds under this Act shall certify that none of these funds have been used to engage in the
lobbying of the Federal Government or in litigation against the United States unless
authorized under existing law." The recipient may satisfy this certification requirement in
any reasonable manner. The certification must be submitted to EPA after all grant funds have
been expended."
9. In accordance with OMB Circular A-133, the recipient shall obtain a single audit if it
expends $300,000 or more a year in federal awards.
10. 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:
a. The recipient accepts the applicable FY 2002 Minority Business Enterprise (MBE)/Women's
Business Enterprise (WBE) "fair share" goals/objectives negotiated with EPA by the Texas
Water Development Board as follows:
MBE: CONSTRUCTION-10.3%;SUPPLIES-5%;SERVICES-11.5%;EQUIPMENT-5%
WBE: CONSTRUCTION-5.9%;SUPPLIES-7.6%;SERVICES-14.5%;EQUIPMENT-7.6%
If the recipient wishes to negotiate their own FY 2002 MBE/WBE goals, the recipient must
submit proposed MBE/WBE goals based on an availability analysis, or, at their option, a
disparity study, of qualified MBEs and WBEs to do the work in the relevant market for
construction, services, supplies and equipment. The recipient agrees to submit proposed "fair
share" objectives, together with the supporting availability analysis or disparity study, to the
Regional MBE/WBE Coordinator within 30 days of award. EPA will conclude "fair share"
negotiations within 30 days of receiving the submission. Once EPA approves the objectives,
the recipient agrees to apply them in accordance with paragraphs 1.(b)-(f).
b. (1) 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 organization owned or controlled
by socially and economically disadvantaged individuals, women and Historically Black
Colleges and Universities.
(2) For assistance agreements related to research under the Clean Air Act Amendments of
1990, 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, disabled Americans,
Historically Black Colleges and Universities, Colleges and Universities having a student
body in which 40% or more of the students are Hispanic, minority institutions having a
minority student body of 50% or more, and private and voluntary organizations controlled by
individuals who are socially and economically disadvantaged.
c. 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.
d. The recipient agrees to follow the six affirmative steps or positive efforts stated in 40 CFR,
Section 30.44(b), 40 CFR Section 31.36(e), or 40 CFR Section 35.6580, as appropriate, and
retain records documenting compliance.
e. 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 Regional MBE/WBE Coordinator 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 Regional MBE/WBE Coordinator
by October 30 of each year.
f. 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" objectives.
11. The recipient also agrees and is required to utilize the six affirmative steps if a contract is
awarded under this agreement relative to small businesses in rural areas (SBRAs) in
compliance with Section 129 of Public Law 100-50, 40 CFR Section 30.44(b) and 40 CFR
Section 31.36(e).
12. EPA may take corrective action under 40 CFR Parts 30, 31, and 35, as appropriate, if the
recipient fails to comply with the MBE/WBE terms and conditions.
13. In accordance with 40 CFR Part 30.27, EPA participation in the salary rate (excluding overhead) paid
to individual consultants is limited to the maximum hourly rate for a level 4 of the Executive Schedule,
which is currently approximately$62.29 per hour(2002).
14. The Federal share of allowable expenditures chargeable to this Agreement will be financed
by the REIMBURSEMENT PAYMENT METHOD in accordance with 40 CFR Part 31.21
or 30.22 as applicable. The recipient shall request payments on the enclosed Standard Form
270, Request for Advance or Reimbursement; or Standard Form 271, Outlay Report and
Request for Reimbursement for Construction Programs. As the recipient incurs expenditures
under this Agreement, the recipient may submit a request for payment monthly, but shall
submit requests at least quarterly. These requests will report cumulative expenditures
incurred under the Agreement. EPA will make payments for allowable expenditures at the
ratio shown in the latest Agreement.
Programmatic Conditions
1. This award is subject to applicable Federal crosscutting laws and authorities as well as
EPA, Office of Wastewater Management,policy guidance dated February 28, 2001.
2. By accepting this grant, the grantee, the City of Beaumont,Texas, agrees that no
construction activities should be initiated before the EPA completes the environmental review
and authorizes to do so.
3. The EPA Region 6 "Supplemental Conditions for Federally Assisted Water and
Wastewater Treatment Facilities" (Pink Sheet) must be included in all construction contract
bidding documents, and shall control where a conflict arises with other contract provisions.
Certain provisions also pertain to professional services contracts, and these provisions must be
applied as appropriate.
4. By accepting this grant, the grantee, the City of Beaumont, Texas, agrees that it must
expeditiously initiate and complete the project in accordance with the following schedule:
Number of Months
From Grant Award Date Tasks
3 Submit the applicable Facilities Plan and the
Environmental Document.
6 Submit Plans and Specifications
9 Advertise for bids for construction
12 Start construction
24 Complete construction
A '
25 Initiate operation
37 Certify the project performance
5. The budget construction elements are classified as follows:
(1) Administrative Expense $0
(2) Preliminary Expense 0
(3) Land structures, Right-of-Way 0
(4) Architectural Engineering Basic Fees 0
(5) Other Architectural Engineering Fees 0
(6) Project Inspection Fees 0
(7) Land Development 0
(8) Relocation Expense 0
(9) Relocation Payments to Individuals and Business 0
(10) Demolition and Removal 0
(11) Construction and Project Improvement 855,455
(12) Equipment 0
(13) Miscellaneous 0
(14) Total 855,455
(15) Estimated Income 0
(16) Net Project Amount 855,455
(17) Less: Ineligible Exclusions 0
(18) Add: Contingencies 0
(19) Total (Share: Recipient 45% Federal 55 %) 855,455
(20) Total Approved assistance Amount 470,500
t