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HomeMy WebLinkAboutResolution - 2006-R0409 - Cooperative Agreement With Environmental Protection Agency - Lake Henry Water - 08_24_2006Resolution No. 2006-RO409 August 24, 2006 RESOLUTION Item No. 6.8 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, Cooperative Agreement No. #EM-96627301-0 with the United States Environmental Protection Agency for federal assistance for the Lake Alan Henry Water Transmission and Treatment System preliminary engineering, and all related documents. Said Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 24th ATTEST: i !.R becca rza, City Secretary APPROVED AS TO CONTENT: homas A ams, puty City Manager APPROVED AS TO FORM: day of August 2006. FSA, Ew-G r' nomakyj1!M 10 8319,004 RVAL611' Richard K. Casner, First Assistant City Attorney ml/Richard/ResolutionsiEPA Assistance Agree-LAH.res August 1, 2006 Resolution No. 2006-R0409 August 24, 2006 Item No. 6.8 EM - 96627301 - 0 Paoe 1 ASSISTANCE ID NO. U.S. ENVIRONMENTAL DATE OF AWARD PRG DOC 1D AMEND# PROTECTION AGENCY 200& EM - 96627301 - 0 TYPE OF ACTION MAILING DATE `r New 4Z Cooperative Agreement PAYMENT METHOD: ACH ACH# 9894 RECIPIENT TYPE: Send Payment Request to: Municipal Las Vegas Finance Center RECIPIENT: PAYEE: City of Lubbock City of Lubbock PO Box 2000 PO Box 2000 Lubbock, TX 79457 Lubbock, TX 79457 EIN: 75-6000590 PROJECT MANAGER EPA PROJECT OFFICER EPA GRANT SPECIALIST Tom Adams Gene Wossum Jeraldine Englerth PO Box 2000 1445 Ross Avenue, Suite 1200, 6WQ-AP Grants Management Office 6MD-RX Lubbock, TX 79457 Dallas, TX 75202-2733 E-Mail: Englerth.Jeraldine@epamaii.epa.gov E-Mail: tadams@mylubbock.us E-Mail: Wossum.Gene@epamail.epa.gov Phone:214-665-7402 Phone: 806-775-2015 Phone: 214-665-7173 PROJECT TITLE AND DESCRIPTION Lake Alan Henry Water Transmission & Treatment System Preliminary engineering study for constructing the Lake Alan Henry water treatment and transmission infrastructure. The preliminary engineering study will include analysis of regional capacity requirements, treatment plant siting analysis, transmission line route study (65 miles), conceptual design of the transmission line and treatment plant, and the estimated construction cast impact. BUDGET PERIOD 77 PROJECT PERIOD TOTAL BUDGET PERIOD COST TOTAL PROJECT PERIOD COST 08/01/2006 - 12/31/2008 08/01/2006 - 12/31/2008 1 $350,000.00 I $350,000.00 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 Lubbock for 56.69 % of all approved costs incurred up to and not exceeding _ $198,400 for the support of approved budget period effort described In application (including all application modifications) cited In the Project Title and Description above, signed 04/26/2006 included herein by reference. ISSUING OFFICE (GRANTS MANAGEMENT OFFICE) AWARD APPROVAL OFFICE ORGANIZATION ! ADDRESS ORGANIZATION 1 ADDRESS Management Division, 6MD-RX U.S. EPA, Region 6 1445 Ross Avenue, Suite 1200 Water Quality Protection Division (6WQ) Dallas, TX 75202-2733 1445 Ross Avenue, Suite 1200 Dallas, TX 75202-2733 THE UNITED STATES OF AMERICA BY THE U.S. ENVIRONMENTAL PROTECTION AGENCY SIGNATWE OF AWA FFICIAL _ TYPED NAME AND TITLE Miguel i. Flores, Director Water Quality Protection Division (6WQ) b TE J�L 1 2006 Thi a eement is subject to appiicable U.S. Environmental Protection Agency statutory provisions and assistance regulations. In ac ep ng this award or amendment and any payments made pursuant thereto, (1) the undersigned represents that he Is duly au razed 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 fuli to EPA. BY AND ON BEHALF OF THE DESIGNATED RECIPIENT ORGANIZATION UR TYPED NAME AND TITLE DATE Honorable David A. Miller, Mayor, City of Lubbock ilg. 24, 2006 ATTEST: />�rirr1 Yk--Rebecca Garza, City Secretary APPROVE A FORM: APPR AS T ONT Richard K. Casner omas L. ams First Assistant City �ttorney Deputy City Manager/Water Utilities Dir. EPA Funding Information EM - 96627301 - 0 Page FUNDS FORMER AWARD THIS ACTION AMENDED TOTAL EPA Amount This Action $ $ 198,400 $ 198,400 EPA In -Kind Amount $. $ $ 0 Unexpended Prior Year Balance $ $ $ 0 Other Federal Funds $ $ $ 0 Recipient Contribution $ $ 151,600 $ 151,600 State Contribution $ $ $ 0 Local Contribution $ $ $ 0 Other Contribution $ $ $ 0 Allowable Project Cost $ 0 $ 350,000 $ 350,000 Assistance Program (CFDA) Statutory Authority Regulatory Authority 66.202 - Congressionally Mandated Projects Consolidated Appropriations Act of 2005 (PL 108-447) 40 CFR PART 31 Fiscal Site Name DCN FY Approp. Code Budget Organization PRC Object Class Site/Project Cost Organization Obligation I Deobligation - KGRO07 0506 B 060OGTN 201B51E 4183 198,400 198,40 EM - 96627301 - 0 Page 3 Budget Summary Paoe Table A - Object Class Category (Non -construction) Total Approved Allowable Budget Period Cost 1. Personnel $0 2. Fringe Beneflts $0 3. Travel $0 4. Equipment $0 5. Supplies $0 6. Contractual $350,000 7. Construction $0 8.Other $0 9. Total Direct Charges $350,000 10. Indirect Costs: % Base $0 11. Total (Share: Recipient 43.31 % Federal 56.69 °la.} $350,000 12. Total Approved Assistance Amount $198,400 13. Program Income $0 Resolution No. 2006-RO409 August 24, 2006 Item No. 6.8 EM - 96627301 - 0 Page 4 Administrative Conditions 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. l . 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, or A-110, as appropriate, 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. 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. 4. 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 Executive Order 13101, dated September 14, 1998, revoked Executive Order 12873, Federal Acquisition, Recycling, and Waste Prevention in its entirety. 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 water infrastructure 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. The final Financial Status Report (FSR) shall be submitted to: U.S. Environmental Protection Agency Las Vegas Finance Center P.O. Box 98515 Las Vegas, Neveda 89193-8515 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 1995, 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, territory, 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-133, the recipient shall obtain a single audit if it expends $500,000 or more a year in federal awards. The recipient shall also submit a copy of the audit report to: Grants Team (6MD-RX) U.S. Environmental Protection Agency, Region 6 1445 Ross Avenue Dallas, Texas 75202-2733 9. 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 2003 Minority Business Enterprise (MBE)/Women's Business Enterprise (WBE) "fair share" goals/objectives negotiated with EPA by the Texas Commission on Environmental Quality as follows: MBE: CONSTRUCTION 34%; SUPPLIES 18%; SERVICES 22%; EQUIPMENT 131/6 WBE: CONSTRUCTION 8%; SUPPLIES 29%; SERVICES 26%; EQUIPMENT 13% If the recipient wishes to negotiate their own FY 2005 MBEIWBE 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)-ft 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), 31.36(e), or 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. (Reporting form available at www.e12a.gov/osdbu.) 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. g. 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 30.44(b) and 40 CFR 3136(e). h. EPA may take corrective action under 40 CFR Parts 30, 31, and 35, as appropriate, if the recipient fails to comply with the MBEIWBE terms and conditions. 10. In accordance with 40 CFR 31.366)(1), EPA's 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 $68.51 per hour or $548.08 per day (2006). 11. The Recipient agrees that upon receipt of this funding assistance award, that the enclosed SF-3881 (ACH Vendor/Miscellaneous Payment Enrollment Form) will be completed and returned to the EPA Las Vegas Finance Center. The Recipient should further contact the EPA Project Officer listed on the first page of the Cooperative Agreement to obtain instructions for setting up the A Dual Signatory Process @ in the Electronic Funds Transfer (EFT) System. Thereafter, the Recipient will be supplied with appropriate forms and instructions for requesting reimbursements. 12. 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, 13. 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. The form can be accessed at http://www.epa.gov/ogd/forms/adobe/5700-53. pdf. 14. 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. 15.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. 16. 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. 17. 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. 18. Recipient may access the Excluded Parties List System at wwwepls.gov. This term and condition supersedes EPA Form 5700-49, "Certification Regarding Debarment, Suspension, and Other Responsibility Matters Programmatic Conditions 1. Federal laws and regulations shall apply except in those cases where State requirements are more stringent than Federal requirements. Where questions arise as to applicability, the EPA Project Officer should be contacted. 2. If an environmental review is contemplated when the planned facilities proceed to detailed design and construction and have federal participation, the recipient will ensure that all environmental review documentation developed will be consistent with the EPA Region 6 document, NEPA Handbook for Special Appropriation Projects, Attachment A. The recipient will work with the EPA Las Vegas Finance Center (LVFC) to set up the U.S. Department of Treasury's "Automated Standard Application For Payment" (ASAP) system. ASAP is an electronic payment system that the recipient will access via the Internet. Once enrolled in ASAP, the recipient should contact their EPA Project Officer for instructions on submitting the payment requests. The recipient will submit the reimbursement request Standard Form (SF) 271 (Attachment B) and appropriate invoices to their Project Officer for approval. When the Project Officer approves the payment, they will notify the recipient to withdraw the approved amount from the ASAP system. If the recipient has not completed the enrollment process for ASAP and is requesting payment, the recipient should contact their Project Officer to obtain instructions for setting up the "Dual Signatory Process" in the EPA "Automated Clearing House" (ACH) payment system. Once the recipient has been set up in ACH, the recipient will submit their payment requests to the Project Officer. The recipient will submit the reimbursement request SF-271, appropriate invoices, and the Payment Request Form (Attachment B) to their EPA Project Officer for approval. Recipients using ACH will be required to complete their enrollment in the ASAP system. Once enrolled in the ASAP system, the recipient will follow the procedures outlined in the paragraph above. 4. Project management and execution will be very closely monitored by EPA representatives throughout the assistance agreement's project and budget periods. Effective implementation of the scope of work involves a jointly supported strong ongoing collaboration between the recipient and EPA. Technical assistance and coordination will be routine. EPA and the recipient will maintain a continuous dialogue for the rapid identification, solution, and escalation of problems to top-level managers. EPA project officers or their delegates (states that have agreed to manage the earmark projects) will conduct post award monitoring to ensure that administrative and programmatic conditions are being met. This will involve periodic reviews of five core areas: (1) compliance with all programmatic terms and conditions; (2) correlation of the work plan and progress under the award; (3) availability of funds to complete the project; (4) proper management of and accounting for applicable equipment/land purchased under the award; and (5) compliance with all statutory and regulatory requirements of the program. To accomplish this, the EPA Project Officer or his delegate will periodically review post -award activities, including but not limited to those listed below, to ensure that Federal laws, regulations, and grant conditions are being followed. Procurement activities, including solicitation advertisement, service and contract documents, cost and price analysis, (appraisal report for acquiring land, rights of way, easements, site assessment report), MBE/WBE/SERA, etc. Monitoring of construction management activities to assure adherence with approved Plans & Specifications. Approving payment requests, including the final payment. Change orders and contractors' claims. Analyze environmental review documents for NEPA-compliance, if appropriate. Determine that the project is capable of meeting its objectives and is operable. Also, EPA representatives will assure that the recipient understands and meets requirements related to the National Environmental Policy Act and applicable Federal cross -cutting laws and authorities. 5. The recipient will ensure that any design performed under this assistance agreement shall be consistent with the EPA document, Guidance on Quality Assurance for Environmental Technology, Design, Construction and Operation (EPA QA/G-11), Attachment C. 6. The recipient agrees to submit proposed and existing procurement actions, including subcontracts, that will use EPA assistance for review as soon as available. All procurement actions must comply with the provisions of 40 CFR Part 31, specifically 40 CFR 31.36. The recipient also agrees to provide five (5%) percent of project costs with non-federal matching funds.4. The recipient agrees to meet the project schedule provided with the grant application or the most recent amended schedule approved by the EPA Project Officer unless justifiable delays occur due to unexpected circumstances. 1. Federal laws and regulations shall apply except in those cases where State requirements are more stringent than Federal requirements. Where questions arise as to applicability, the EPA Project Officer should be contacted. 2. If an environmental review is contemplated when the planned facilities proceed to detailed design and construction and have federal participation, the recipient will ensure that all environmental review documentation developed will be consistent with the EPA Region 6 document, NEPA Handbook for Special Appropriation Projects, Attachment A. 3. The recipient will work with the EPA Las Vegas Finance Center (LVFC) to set up the U.S. Department of Treasury's "Automated Standard Application For Payment" (ASAP) system. ASAP is an electronic payment system that the recipient will access via the Internet. Once enrolled in ASAP, the recipient should contact their EPA Project Officer for instructions on submitting the payment requests. The recipient will submit the reimbursement request Standard Form (SF) 271 (Attachment B) and appropriate invoices to their Project Officer for approval, When the Project Officer approves the payment, they will notify the recipient to withdraw the approved amount from the ASAP system. If the recipient has not completed the enrollment process for ASAP and is requesting payment, the recipient should contact their Project Officer to obtain instructions for setting up the "Dual Signatory Process" in the EPA "Automated Clearing House" (ACH) payment system, Once the recipient has been set up in ACH, the recipient will submit their payment requests to the Project Officer. The recipient will submit the reimbursement request SF-271, appropriate invoices, and the Payment Request Fonn (Attachment B) to their EPA Project Officer for approval. Recipients using ACH will be required to complete their enrollment in the ASAP system. Once enrolled in the ASAP system, the recipient will follow the procedures outlined in the paragraph above. 4. Project management and execution will be very closely monitored by EPA representatives throughout the assistance agreement's project and budget periods. Effective implementation of the scope of work involves a jointly supported strong ongoing collaboration between the recipient and EPA. Technical assistance and coordination will be routine. EPA and the recipient will maintain a continuous dialogue for the rapid identification, solution, and escalation of problems to top-level managers. EPA project officers or their delegates (states that have agreed to manage the earmark projects) will conduct post award monitoring to ensure that administrative and programmatic conditions are being met. This will involve periodic reviews of five core areas: (1) compliance with all programmatic terms and conditions; (2) correlation of the work plan and progress under the award; (3) availability of funds to complete the project; (4) proper management of and accounting for applicable equipment/land purchased under the award; and (5) compliance with all statutory and regulatory requirements of the program. To accomplish this, the EPA Project Officer or his delegate will periodically review post -award activities, including but not limited to those listed below, to ensure that Federal laws, regulations, and grant conditions are being followed. Procurement activities, including solicitation advertisement, service and contract documents, cost and price analysis, (appraisal report for acquiring land, rights of way, easements, site assessment report), MBEIWBEISBRA, etc. Monitoring of construction management activities to assure adherence with approved Plans & Specifications. - Approving payment requests, including the final payment. - Change orders and contractors' claims. - Analyze environmental review documents for NEPA-compliance, if appropriate. - Determine that the project is capable of meeting its objectives and is operable. Also, EPA representatives will assure that the recipient understands and meets requirements related to the National Environmental Policy Act and applicable Federal cross -cutting laws and authorities. 5. The recipient will ensure that any design performed under this assistance agreement shall be consistent with the EPA document, Guidance on Quality Assurance for Environmental Technology, Design, Construction and Operation (EPA QA/G-11), Attachment C. 6. The recipient agrees to submit proposed and existing procurement actions, including subcontracts, that will use EPA assistance for review as soon as available. All procurement actions must comply with the provisions of 40 CFR Part 31, specifically 40 CFR 31.36, 7. The recipient also agrees to provide five (5%) percent of project costs with non-federal matching funds.4. The recipient agrees to meet the project schedule provided with the grant application or the most recent amended schedule approved by the EPA Project Officer unless justifiable delays occur due to unexpected circumstances.