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HomeMy WebLinkAbout08133ORDINANCE NO. 8133 AN ORDINANCE APPROVING A GRANT AGREEMENT BETWEEN PUEBLO, A MUNICIPAL CORPORATION, AND THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY IN AN AMOUNT OF $485,000.00 FOR REHABILITATION OF EXISTING SANITARY SEWERS AND A SANITARY SEWER LIFT STATION, AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE THE SAME, AND APPROPRIATING FUNDS THEREFOR WHEREAS, City of Pueblo has been awarded a grant from the Environmental Protection Agency in an amount of $485,000.00 for rehabilitation of existing sanitary sewers and a sanitary sewer lift station (the "Project'); now Therefore BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1 The Grant Agreement between the City of Pueblo, a Municipal Corporation and the United States Environmental Protection Agency making available $485,000 federal funds for the purpose of funding the `Project' a copy of which is attached hereto, having been approved as to form by the City Attorney, is hereby approved. SECTION 2 The President of City Council is hereby authorized to execute the Grant Agreement on behalf of Pueblo, a Municipal Corporation, and the City Clerk shall affix the Seal of the City to the Grant Agreement and attest the same. SECTION 3 Funds in the amount of $881,818 are hereby appropriated for the Project including $485,000 in Federal Grant funds and $396,818 in City match approved in the 2010 Wastewater Department budget. (Project No. WW1002) INTRODUCED: December 28 _ ,2009 BY: Michael Occhiato COUNCILPERSON APPROVED: ii✓1 e,, �') %x"'; PRESIDENT OF THE CITY COUNCIL ATTESTED BY: CITY CLERK PASSED AND APPROVED: January 11, 2010 Background Paper for Proposed ORDINANCE p AGENDA ITEM # . DATE: December 28, 2009 DEPARTMENT: WASTEWATER GENE MICHAEL WASTEWATER DIRECTOR TITLE AN ORDINANCE APPROVING A GRANT AGREEMENT BETWEEN PUEBLO, A MUNICIPAL CORPORATION, AND THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY IN AN AMOUNT OF $485,000.00 FOR REHABILITATION OF EXISTING SANITARY SEWERS AND A SANITARY SEWER LIFT STATION, AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE THE SAME, AND APPROPRIATING FUNDS THEREFOR ISSUE Should the City Council enter into a Grant Agreement with the United States Environmental Protection Agency in an amount of $485,000.00 for rehabilitation of existing sanitary sewers and a sanitary sewer lift station? RECOMMENDATION Approval of Ordinance The Pueblo Wastewater Department has been awarded a Federal Grant (XP- 97863501-0) in the amount of $485,000.00. These funds are intended to perform trenchless rehabilitation on existing sanitary sewer mains, and to rehabilitate the sanitary sewer lift station on Portland Avenue. Trenchless sewer main rehabilitation will be performed by installing cured -in -place pipe, a procedure that eliminates the need to excavate existing pipe and to reinstate disturbed underground utilities and re -pave streets. A copy of the Grant Agreement is attached. FINANCIAL IMPACT The anticipated total project cost is $881,818.00. The Federal share is $485,000 and the local contribution is $396,818.00. The local contribution was approved in the 2010 budget and will be paid from the Sewer User Fund (Project No. WW1001). XP - 97863501 - 0 Pane 1 By: ( ) fl eZZ -1 Date: January 11, 2010 President�t Council ASSISTANCE ID NO. �`., U.S. ENVIRONMENTAL PROTECTION AGENCY DATE OF AWARD PRIG Doc 10 JAMEND# XP - 97863501 - p TYPE OF ACTON MAILING MAILING DATE Grant Agreement New 12/23!2009 PAYMENT METHOD: AdNf ACH PEND RECIPIENT TYPE: Send Payment Request to: Municipal Las Vegas Financial Center - LVFC RECIPIENT: PAYEE:, City of Pueblo City of Pueblo 211 East "D"Street 211 East "D" Street Pueblo, CO 81003 -3488 Pueblo, CO 81003 -3488 EIN: 84- 6000615 PROJECT MANAGER EPA PROJECT OFFICER EPA GRANT SPECIALIST Gene Michael Mohammad Razzazlan James Lambert 211 East "D" Street 1595 Wynkoop Street REG; 08; OTMS, 8TMS -0 Pueblo, CO 81003 -3488 Denver, CO 80202 -1129 E -Mall: Lambert.Jamas @epamail.epa.gov E -Mall: gmichael@pueblo.us E -Mail: Phone: 303- 312 -6475 Phone: (719) 553 -2298 razzazian .mohammad @epamail.epa.gov Phone: 303 - 312 -6881 PROJECT TITLE AND DESCRIPTION Special Purpose The project consists of rehabilitation of an existing sanitary sewers and relocation of the existing sanitary lift station 90 feet to the east of its present location. BUDGET PERIOD PROJECT PERIOD TOTAL BUDGET PERIOD CO37 TOTAL PROJECT PERIOD COST 01/25/2010 - 07/23/2010 01/25/2010 - 07/23/2010 $881,818.00 $881,818.00 NOTICE OF AWARD Based on your application dated 08/11/2009. Including all modifications and amendments, the United States acting by and through the US Environmental Protection Agency (EPA), hereby awards $485,000. EPA agrees to cost -share JrLW. of all approved budget period costs incurred, up to and not exceeding total federal funding of $485,000. Such award may be terminated by EPA without further cause if the recipient falls 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 recelpt, 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 Environmental Protection Agency, Region 8 U.S. EPA, Region 8 1595 Wynkoop Street 80PRA Denver, CO 80202 -1129 1595 Wynkoop Street Denver, CO 80202 -1129 THE UNITED STATES OF AMERICA BY THE U.S. ENVIRONMENTAL PROTECTION AGENCY SIGNATURE OF AWARD OFFICIAL TYPED NAME AND TITLE DATE Digital signature lied EPA Award Official Wa ne Anthofer, Director 12/16/2009 AFFIRMATION OF AWARD BY AND ON BEHALF OF THE DESIGNATED RECIPIENT ORGANIZATION SIGNATURE TYPED NAME AND TITLE DATE Gene Michael, Director By: ( ) fl eZZ -1 Date: January 11, 2010 President�t Council EPA Funding Information XP- 97863501 -0 Page FUNDS EPA Amount This Action FORMER AWARD $ THIS ACTION $ 485,000 AMENDED TOTAL $ 485,000 EPA In -Kind Amount $ $ $ 0 Unexpended Prior Year Balance $ $ $ g Other Federal Funds $ $ $ g Recipient Contribution $ $ 396,818 $ 396,818 State Contribution $ $ $ g Local Contribution $ $ $ 0 Other Contribution $ $ $ g Allowable Project Cost $ 0 $ 881,818 $ 881,818 FY 2009 Omnibus Appropriations Act (PL 111 -8) 1 40 CFR PART 31 Fiscal She Name Req No FY Approp. Code Budget Organization PRC Object Class Site/Project Cost Organization Obligation / Deobll atlon - 1008KPG010 IC E4C 08KOSK1 202B51 4183 485,00 485,00 Budaet Summary Pace XP - 97863501 - 0 Page 3 Table A - Object Class Category (Non - construction) Total Approved Allowable Budget Period Cost 1. Personnel $p 2. Fringe Benefits $0 3. Travel $0 4. Equipment $0 5. Su lies $0 6. Contractual $0 7. Construction $881,818 8. Other $0 B. Total Direct Charges $881,818 10. Indirect Costs: % Base $0 11.Total(Share: Recipient 45M.% Federal 55.00 %.) $881,818 12. Total Approved Assistance Amount — $485,000 13. Program Income $0 74 Amount Awarded This Action $485,000 15. Total EPA Amount Awarded To Date $485,000 XP - 97863501 - 0 Page 4 Administrative Conditions 1. The recipient will comply with the following: (1) all applicable provisions of 40 CFR Parts 29, 31, 34, and 35 (if applicable), OMB Circulars A -87, A -102, and A -133 and (2) any terms and conditions set forth in this assistance agreement or any assistance agreement. 2. 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. 3. The recipient agrees to ensure that all requisitions for conference, meeting, convention, or training space funded in whole or in part with Federal funds comply with the Hotel and Motel Fire Safety Act of 1990. 4. The recipient must submit an annual Federal Cash Transaction Report (SF -272) within 15 working days of the end of the calendar year (January 30) to the Las Vegas Finance Center (LVFC) 5. Pursuant to 40 CFR 31.41(b) and 31.50(b), EPA recipients shall submit a final Financial Status Report - also called the SF269 - to EPA's Las Vegas Finance Center (LVFC), within ninety (90) days after the expiration of the budget period end date. Completed SF269s must be faxed to 702 -798 -2423 or mailed to the following address: USEPA LVFC, P.O. Box 98515, Las Vegas, NV 89193 -8515. The LVFC will make adjustments, as necessary, to obligated funds after reviewing and accepting a final Financial Status Report. Recipients will be notified and instructed by EPA if they must complete any additional forms for the closeout of the assistance agreement . 6 In accordance with OMB Circular A -21, A -87, or A -122, 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 year 2000, 2001 and fiscal year 2002 (PL 106 -74, §426, PL 106 -377, §424 and PL 107 -73, §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. 7. In accordance with EPA Order 1000.25 and Executive Order 13101, Greening the Govemment Through Waste Prevention, Recyding, 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, FederalAcquisilion, Recycling, and Waste Prevention in its entirety. 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. 8 Recipient shall fully comply with Subpart C of 40 CFR Part 32, entitled "Responsibilities of Participants Regarding Transactions:' Recipient is responsible for ensuring that any lower tier covered transaction, as described in Subpart B of 40 CFR Part 32, 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 required under 40 CFR 32.335 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 System at hftp: / /epis.arnet.gov 9. 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." 10. You must submit all grant payment requests along with supporting invoices to the State for their review and approval. Thereafter, the State will submit the approved payment requests to the EPA Las Vegas Finance Center for processing. 11. 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 htto: / /www.access.aoo.aov /nara /cfr /waisidx 06 /40cfr36 06.html. 12. GENERAL COMPLIANCE, 40 CFR, Part 33 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, contained in 40 CFR, Part 33. FAIR SHARE OBJECTIVES, 40 CFR, Part 33, Subpart D A recipient must negotiate with the appropriate EPA award official, or his/her designee, fair share objectives for MBE and WBE (MBE/WBE) participation in procurement under the financial assistance agreements. Accepting the Fair Share Objectives /Goals of Another Recipient The dollar amount of this assistance agreement is $250,000, or more; or the total dollar amount of all of the recipient's non -TAG assistance agreements from EPA in the current fiscal year is $250,000, or more. The recipient accepts the applicable MBE/WBE fair share objectives /goals negotiated with EPA by the Colorado Department of Public Health and Environment as follows: MBE: CONSTRUCTION 6.1 %; SUPPLIES 6.1 %; SERVICES 6.1 %; EQUIPMENT 6.1% WBE: CONSTRUCTION 6.6 %; SUPPLIES 6.6% SERVICES 6.6 %; EQUIPMENT Zom By signing this financial assistance agreement, the recipient is accepting the fair share objectives /goals stated above and attests to the fact that it is purchasing the same or similar construction, supplies, services and equipment, in the same or similar relevant geographic buying market as Colorado Department of Public Health and Environment Negotiating Fair Share Objectives/Goals, 40 CFR, Section 33.404 The recipient has the option to negotiate its own MBE/WBE fair share objectives /goals. If the recipient wishes to negotiate its own MBE/WBE fair share objectives /goals, the recipient agrees to submit proposed MBE/WBE objectives /goals based on an availability analysis, or disparity study, of qualified MBEs and WBEs in their relevant geographic buying market for construction, services, supplies and equipment. The submission of proposed fair share goals with the supporting analysis or disparity study means that the recipient is not accepting the fair share objectives /goals of another recipient. The recipient agrees to submit proposed fair share objectives/goals, together with the supporting availability analysis or disparity study, to the Regional MBE/WBE Coordinator within 120 days of its acceptance of the financial assistance award. EPA will respond to the proposed fair share objective/goals within 30 days of receiving the submission. If proposed fair share objective/goals are not received within the 120 day time frame, the recipient may not expend its EPA funds for procurements until the proposed fair share objective /goals are submitted. SIX GOOD FAITH EFFORTS, 40 CFR, Part 33, Subpart C Pursuant to 40 CFR, Section 33.301, the recipient agrees to make the following good faith efforts whenever procuring construction, equipment, services and supplies under an EPA financial assistance agreement, and to ensure that sub - recipients, loan recipients, and prime contractors also comply. Records documenting compliance with the six good faith efforts shall be retained: (a) Ensure DBEs are made aware of contracting opportunities to the fullest extent practicable through outreach and recruitment activities. For Indian Tribal, State and Local and Government recipients, this will include placing DBEs on solicitation lists and soliciting them whenever they are potential sources. (b) Make information on forthcoming opportunities available to DBEs and arrange time frames for contracts and establish delivery schedules, where the requirements permit, in a way that encourages and facilitates participation by DBEs in the competitive process. This includes, whenever possible, posting solicitations for bids or proposals for a minimum of 30 calendar days before the bid or proposal closing date. (c) Consider in the contracting process whether firms competing for large contracts could subcontract with DBEs. For Indian Tribal, State and local Government recipients, this will include dividing total requirements when economically feasible into smaller tasks or quantities to permit maximum participation by DBEs in the competitive process. (d) Encourage contracting with a consortium of DBEs when a contract is too large for one of these firms to handle individually. (e) Use the services and assistance of the SBA and the Minority Business Development Agency of the Department of Commerce. (f) If the prime contractor awards subcontracts, require the prime contractor to take the steps in paragraphs (a) through (e) of this section. MBE/WBE REPORTING, 40 CFR, Part 33, Sections 33.502 and 33.503 The recipient agrees to complete and submit EPA Form 5700 -52A, "MBE/WBE Utilization Under Federal Grants, Cooperative Agreements and Interagency Agreements" beginning with the Federal fiscal year reporting period the recipient receives the award, and continuing until the project is completed. Only procurements with certified MBE/WBEs are counted toward a recipient's MBEIWBE accomplishments. The reports must be submitted semiannually for the periods ending March 31 " and September 30 for: Recipients of financial assistance agreements that capitalize revolving loan programs (CWSRF, DWSRF, Brownfields); and All other recipients not identified as annual reporters (40 CFR Part 30 and 40 CFR Part 35, Subpart A and Subpart B recipients are annual reporters). The reports are due within 30 days of the end of the semiannual reporting periods (April 30 and October 30 Reports should be sent to Grants. Audit and Procurement Program Office Final MBE/WBE reports must be submitted within 90 days after the project period of the grant ends. Your grant cannot be officially closed without all MBE/NBE reports. EPA Form 5700 -52A may be obtained from the EPA Office of Small Business Program's Home Page on the Internet at www.eoa.gov /osbi) . CONTRACT ADMINISTRATION PROVISIONS, 40 CFR, Section 33.302 The recipient agrees to comply with the contract administration provisions of 40 CFR, Section 33.302. BIDDERS LIST, 40 CFR, Section 33.501(b) and (c) Recipients of a Continuing Environmental Program Grant or other annual reporting grant, agree to create and maintain a bidders list. Recipients of an EPA financial assistance agreement to capitalize a revolving loan fund also agree to require entities receiving identified loans to create and maintain a bidders list if the recipient of the loan is subject to, or chooses to follow, competitive bidding requirements. Please see 40 CFR, Section 33.501 (b) and (c) for specific requirements and exemptions. Proarammatic Conditions 1. This grant award constitutes the maximum amount of participation on this project by EPA. Cost overruns will be the responsibility of the owner and any additional costs to defend against contract claims will not be reimbursed through this or any future grant award. 2. EPA will have access to all records. These include the fiscal, engineering data and files. EPA and any other entity on behalf of EPA, at their option, perform routine construction inspections and will inform the owner of any noted deficiencies within 2 weeks of the site visit. 3. In accordance with the construction schedule the grantee agrees to expeditiously initiate and complete the project. 4. In the event that archaeological artifacts or historical resources are unearthed during construction excavation, construction activities must be stopped immediately. The grantee must be notified and the grantee must, in turn notify the State Historic Preservation Office, Colorado Department of Public Health and Environment (CDPHE) and EPA. The grantee may wish to hire a qualified archaeologist to monitor construction activities. 5. 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. 6. Best Management Practices must be installed and monitored for their effectiveness during the construction phase to minimize pollution resulting from construction activities . 7. Contract specifications will require specific dust control measures, as required by applicable regulations, to be taken at sites of construction. 8. No project(s) contracts that are or maybe funded from this grant shall be advertised for r - construction, and no building shall otherwise commence or continue, until the National Policy Act of 1969 (NEPA), process, 42 U.S.C. 4321 at seq is satisfactorily completed. 9. No payment(s) of the grants funds for any pre -award costs will be made unless such costs are authorized under the grant award. 10. An approvable Operation and Maintenance Manual must be submitted to the CDPHE and EPA for review and approval before payment in excess of 90% can be made. 11. The grantee shall notify the CDPHE and EPA in writing of the actual date of initiation of operation. On the date one year after the initiation of 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 ensure that corrective actions are taken in a timely manner, and schedule a date for certifying that the project is meeting performance standards. The performance standards for this project are as follows: The project shall be constructed in accordance with plans, specification and change orders approved by the CDPHE on behalf of EPA. The constructed facilities shall be operated and maintained in accordance with the approved operation and maintenance manual. 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 of 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 12. In accordance with 40 CFR. §31.40, the recipient agrees to submit to EPA and the State with Annual Performance Report (performance reports) that include brief information on each of the following areas: 1) a comparison of actual accomplishments to the outputs /outcomes established in the assistance agreement work plan for the period; 2) the reasons for slippage if established outputs /outcomes were not met; and 3) additional pertinent information, including, when appropriate, analysis and information of cost overruns or high unit costs. (See attached, Special Appropriations Act Project Annual Performance Report). In accordance with 40 CFR. § 31.40(d), the recipient agrees to inform EPA as soon as problems, delays or adverse conditions become known which will materially impair the ability to meet the outputs /outcomes specified in the assistance agreement work plan. 13. The grantee agrees not to advertise for construction 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 CDPHE on behalf of EPA. 14. For all projects advertised for bids after the date of this award, the CDPHE shall first approve the Contract Documents to assure that appropriate contract requirements are included. 15. A qualified operator must be hired before payment can be disbursed beyond 50 percent. At minimum, the chief operator shall be certified at the minimum grade required by CDPHE. 16. Despite the responsibilities of the State and EPA, 40 CFR 35.935 -1(a) states that: "Review or approval of project plans and specifications by or for EPA is for administrative purposes only and does not relive the grantee of its responsibilities to design, construct, operate and maintain the treatment works described in the grant application and agreement." 17. If the recipient expends funds in excess of the amount of federal funds in its EPA approved budget in anticipation of receiving additional funds from EPA, it does so at its own risk. EPA is not legally obligated to reimburse the recipient for costs incurred in excess of the EPA approved budget.