HomeMy WebLinkAboutResolution - 2012-R0322 - Authorize Amendment To Agreement- Extend Water Reuse Project And Budget End Date - 08/23/2012Resolution No. 2012-RO322
August 23, 2012
Item No. 5.8
RESOLUTION
WHEREAS, pursuant to that certain Application for Canyon Lakes Reuse Project
(the "Grant Application"), the City of Lubbock applied for a grant from the
Environmental Protection Agency (the "EPA") to defray costs related to water reuse
activities related to the Canyon Lakes; and
WHEREAS, said Grant Application was awarded to the City and the EPA now
requests that the City execute that certain Canyon Lakes Water Reuse Project Assistance
Agreement No. XP-966295 01 -0 (the "Agreement"); and
WHEREAS, the City originally executed the Agreement on October 13, 2006; and
WHEREAS, the City now seeks an amendment to this original agreement in order
to extend the project and the budget period end dates from August 31, 2012, to October
31, 2013, in order to allow time to complete the Canyon Lakes Water Reuse Project;
NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Council of the City of Lubbock does hereby authorize the Mayor
to execute an amendment to the Canyon Lakes Water Reuse Project Assistance
Agreement No. XP-96629501-0, attached hereto and incorporated herein as if fully set
forth, and any and all other related documents, in order to extend the Canyon Lakes Water
Reuse project and budget period end dates from August 31, 2012, to October 31, 2013.
Passed by the City Council this 23rd day of August 2012.
r
ATTEST:
Reb cca Garza, City Secret
KAREN GIBSON, MAYOR PRO TEM
Page 1 of 2
APPROVED AS TO CONTENT:
mo
Marsha Reed, Chief Operating Officer
Laura ratt, Assistant City Attorney
Resolution — EPA Canyon Lakes Water Reuse Project
08.14.12
Page 2 of 2
CITY OF LUBBOCK
KA GIBSON, N&OR PRO TEN(
ATTEST:
Rebe ca Garza,
City ecretary
APPROVED AS TO CONTENT:
,Ta,o� �- Ld
Marsha Reed, P.E.
Chief Operating Officer
APPROVED AS TO FORM:
Laur Pratt,
stant City Attorney
XP - 96629501 - 2 Pape 1
GRANT NUMBER (FAIN): 96629501
10A 0.
U.S. ENVIRONMENTAL
MODIFICATION NUMBER: 2
DATE OF AWARD
AMh
PROTECTION AGENCY
PROGRAM CODE: XP
08/07/2012
TYPE OF ACTION
MAILING DATE
a
#Vfioveo;
No Cost Amendment
08/07/2012
PAYMENT METHOD:
ACH#
ASSIStance Amendment
ACH
66925
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
Aubrey Spear, P.E.
Nasim Jahan
Jeraldine Englerth
PO Box 2000
1445 Ross Avenue, Suite 1200, 6WQ-AP
Grant Programs Section 6MD-CG
Lubbock, TX 79457
Dallas, TX 75202-2733
E-Mail: englerth.jeraldine@epa.gov
E-Mail: aspear@mail.ci.lubbock.tx.us
E-Mail: nasim.jahan@epa.gov
Phone:214-665-7402
Phone: 806-775-2585
Phone: 214-665-7522
PROJECT TITLE AND EXPLANATION OF CHANGES
Canyon Lakes Water Reuse Project
Time Extension (Amendment); This amendment extends both the Project and Budget period end dates from 08/31/2012 to 10/31/2013. Additional time is
needed to complete the project.
BUDGET PERIOD
PROJECT PERIOD
TOTAL BUDGET PERIOD COST
TOTAL PROJECT PERIOD COST
09/01/2006 - 10/31/2013
09/01/2006 - 10/31/2013
$1,399,637.00
$1,399,637.00
NOTICE OF AWARD
Based on your application dated 05/25/2006, including all modifications and amendments, the United States acting by and through the US Environmental
Protection Agency (EPA), hereby awards $. EPA agrees to cost -share 55.00%u of all approved budget period costs incurred, up to and not exceeding total
federal funding of $769,800. 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
Grant Programs Section, 6MD-CG
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
Digital signature applied by EPA Award Official Jerri Engierth - Grants Specialist
DATE
08/07/2012
AFFIRMATION OF AWARD
BY AND ON BEHALF OF THE DESIGNATED RECIPIENT ORGANIZATION
TURE
TYPED NAME AND TITLE
DATE
"--�
Karen Gibson, Mayor Pro Tern--dZ--
`.
EPA Funding Information XP-96629501 -2 Page
FUNDS
FORMER AWARD
THIS ACTION
AMENDED TOTAL
EPA Amount This Action
$ 769,800
$
$ 769,800
EPA In -Kind Amount
$ 0
$
$ 0
Unexpended Prior Year Balance
$ 0
$
$ 0
Other Federal Funds
$ 0
$
$ 0
Recipient Contribution
$ 629,837
$
$ 629,837
State Contribution
$ 0
$
$ 0
Local Contribution
$ 0
$
$ 0
Other Contribution
$ 0
$
$ 0
Allowable Project Cost
$ 1,399,637
$ 0
$ 1,399,637
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
Req No
FY
Approp.
Code
Budget
Organization
PRC
Object
Class
Site/Project
Cost
Organization
Obligation /
Deobligation
XP - 96629501 - 2 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
$540,888
5. Other Architectural Engineering Fees
$0
6. Project Inspection Fees
$0
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
$858,749
12. Equipment
$0
13. Miscellaneous
$0
14. Total (Lines 1 thru 13)
$1,399,637
15. Estimate Income
$0
16. Net Project Amount (Line 14 minus 15)
$1,399,637
17. Less: Ineligible Exclusions
$0
18. Add: Contingencies
$0
19. Total (Share: Recip 45.00% Fed 55.00%)
$1,399,637
20. TOTAL APPROVED ASSISTANCE AMOUNT
$769,800
XP - 96629501 - 2 Page 4
Administrative Conditions
EXCEPT AS PROVIDED HEREIN, ALL TERMS AND CONDITIONS OF THE BASIC
ASSISTANCE AGREEMENT, INCLUDING PRIOR AMENDMENTS, REMAIN
UNCHANGED AND IN FULL FORCE AND EFFECT.
THE FOLLOWING TERMS AND CONDITIONS ARE UPDATED OR NEW:
1. Unliquidated Obligations: shall submit an annual Federal Financial Report (SF-425) to
EPA no later than 90 calendar days following the end of the reporting quarter.
The following reporting period end dates shall be used for interim reports: 3/31, 6/30, 9/30, or
12/31.
At the end of the project, the recipient must submit a final Federal Financial Report to EPA no
later than 90 calendar days after the end of the project period. The form is available on the
intemetathtlp://www.gpa.gov/ocfo/finservices/fon-ns.htm. All FFRs must be submitted to the
Las Vegas Finance Center:
US EPA, Las Vegas Finance Center
4220 S. Maryland Pkwy, Bld C, Rm 503
Las Vegas, NV 89119
or by fax to: 702-798-2423
or by email to: lvfc-grants@epa.gov
The LVFC will make adjustments, as necessary, to obligated funds after reviewing and accepting
a final Federal Financial Report. Recipients will be notified and instructed by EPA if they must
complete any additional forms for the closeout of the assistance agreement.
EPA may take enforcement actions in accordance with 40 CFR 31.43 if the recipient does not
comply with this term and condition.
2. Central Contractor Registration and Universal Identifier Requirements:
A. Requirement for Central Contractor Registration CCR). Unless you are exempted from this
requirement under 2 CFR 25.110, you as the recipient must maintain the currency of your
information in the CCR until you submit the final financial report required under this award
or receive the final payment, whichever is later. This requires that you review and update the
information at least annually after the initial registration, and more frequently if required by
changes in your information or another award term.
B. Requirement for Data Universal Numbering System DUNS) numbers. If you are authorized
to make subawards under this award, you:
1. Must notify potential subrecipients that no entity (see definition in paragraph C of this
award term) may receive a subaward from you unless the entity has provided its DUNS
number to you.
2. May not make a subaward to an entity unless the entity has provided its DUNS number to
you.
C. Definitions. For purposes of this award term:
1. Central Contractor Registration (CCR) means the Federal repository into which an entity
must provide information required for the conduct of business as a recipient. Additional
information about registration procedures may be found at the System for Award
Management (SAM) Internet site (currently at http://www.sam.goy).
2. Data Universal Numbering System (DUNS) number means the nine -digit number
established and assigned by Dun and Bradstreet, Inc. (D&B) to uniquely identify business
entities. A DUNS number may be obtained from D&B by telephone (currently
866-705-5711) or the Internet (currently at http:Hfedgov.dnb.com/webform).
3. Entity, as it is used in this award term, means all of the following, as defined at 2 CFR
part 25, subpart C:
a. A Governmental organization, which is a State, local government, or Indian tribe;
b. A foreign public entity;
c. A domestic or foreign nonprofit organization;
d. A domestic or foreign for -profit organization; and
e. A Federal agency, but only as a subrecipient under an award or subaward to a
non -Federal entity.
4. Subaward:
a. This term means a legal instrument to provide support for the performance of any
portion of the substantive project or program for which you received this award and
that you as the recipient award to an eligible subrecipient.
b. The term does not include your procurement of property and services needed to carry
out the project or program (for further explanation, see Sec. --.210 of the attachment
to OMB Circular A-133, "Audits of States, Local Governments, and Non -Profit
Organizations").
c. A subaward may be provided through any legal agreement, including an agreement
that you consider a contract.
5. Subrecipient means an entity that:
a. Receives a subaward from you under this award; and
b. Is accountable to you for the use of the Federal funds provided by the subaward.
3. Suspension & Debarment: Recipients shall fully comply with Subpart C of 2 CFR Part 180
entitled, "Responsibilities of Participants Regarding Transactions Doing Business With Other
Persons," as implemented and supplemented by 2 CFR Part 1532. Recipient is responsible for
ensuring that any lower tier covered transaction, as described in Subpart B of 2 CFR Part 180,
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 2 CFR 180.335 may result in the delay or negation of this
assistance agreement, or pursuance of legal remedies, including suspension and debarment.
Recipients may access suspension and debarment information at http://www.sam.gov. This
system allows recipients to perform searches determining whether an entity or individual is
excluded from receiving Federal assistance. This term and condition supersedes EPA Form
5700-49, "Certification Regarding Debarment, Suspension, and Other Responsibility Matters."
4. 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 2 CFR Part 1536 Subpart B.
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 2 CFR Part 1536 Subpart C.
The consequences for violating this condition are detailed under Title 2 CFR Part 1536
Subpart E. Recipients can access the Code of Federal Regulations (CFR) Title 2 Part 1536 at
http:Hecfr.gpoaccess.gov/c/cgi/t/text/text-idx?c=ecfr&sid=0e898f356b7deb 1 fldfb3ea7eacl4ea
d&rgn=div5&view=text&node=2.1 1 1 8 17&idno=2
5. Payment to consultants: EPA participation in the salary rate (excluding overhead) paid to
individual consultants retained by recipients or by a recipient's contractors or subcontractors shall
be limited to the maximum daily rate for a Level IV of the Executive Schedule (formerly GS-18),
to be adjusted annually. This limit applies to consultation services of designated individuals with
specialized skills who are paid at a daily or hourly rate. As of January 1, 2012, the limit is
$596.00 per day and $74.50 per hour. This rate does not include transportation and subsistence
costs for travel performed (the recipient will pay these in accordance with their normal travel
reimbursement practices).
Subagreements with firms for services which are awarded using the procurement
requirements in 40 CFR 30 or 31, as applicable, are not affected by this limitation unless the
terms of the contract provide the recipient with responsibility for the selection, direction, and
control of the individuals who will be providing services under the contract at an hourly or
daily rate of compensation. See 40 CFR 31.360) or 30.27(b).
Programmatic Conditions
All Programmatic Conditions Remain the Same
Contract Resolution — Water Utilities: Consider a resolution authorizing the Mayor to
sign an amendment to a U.S. Environmental Protection Agency Assistance Grant No.
96629501 associated with the Canyon Lakes Water Reuse Project.
Item Summary
On May 25, 2006, the City of Lubbock applied for and was subsequently awarded a U.S.
EPA Assistance Grant to help fund the Canyon Lakes Water Reuse Project. The grant
covers 55% or $769,800 of the project. The water reuse study has been completed. The
engineering design of Outfail 007 at the Southeast Water Reclamation Plant will be
completed by September 2012. Construction on the outfall will begin this fall.
This amendment extends both the Project and Budget period end date for the EPA Grant
from August 31, 2012 to October 31, 2013. This time extension will allow sufficient
time for the construction phase of this project to be completed within appropriate time
frame.
Fiscal Impact
There is no fiscal impact associated with this EPA Grant amendment.
Marsha Reed — Chief Operations Officer
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