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HomeMy WebLinkAboutResolution - 2006-R0477 - Authorize Canyon Lakes Water Reuse Project Assistance Agreement - 10/13/2006Resolution No. 2006-RO477 October 13, 2006 Item No. 5.11 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; 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 -96629501-0 (the "Agreement"); WHEREAS, the City now desires to execute the Agreement. 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 the Canyon Lakes Water Reuse Project Assistance Agreement No. XP - 96629501 -0, attached hereto as Exhibit "A", and incorporated herein as if fully set forth, and any and all other related documents. Passed by the City Council this 13th day of ATTEST: Reb&ca Garza, City Secretary APPROVED AS CONTENT: Tom ams, Deputy City Manager October 2006. DAVID A. MILLER, MAYOR APPROVED AS TO F Richard K. Casner, First Assistant—City Attorney mVccdocs/EPA Grant -Canyon Lakes.res September 25, 2006 Resolution No. 2006-RO477 October 13, 2006 Item No. 5.11 ►:4ar1.T.Vk'W1XW1s! _r.M_ ASSISTANCE ID NO. "So S%Zx o " U.S. ENVIRONMENTAL PROTECTION AGENCY DATE OF AWARD AUG6 PRG DOC ID AMEND# XP - 96629501 - a TYPE OF ACTION New MAILING DATE AUC, 1 6 2W6 yT4L Cooperative Agreement ACHMENT METHOD: ACH# 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 I Phone: 214-665-7402 Phone: 806-775-2015 Phone: 214-665-7173 PROJECT TITLE AND DESCRIPTION Canyon Lakes Water Reuse Project The Canyon Lakes Water Reuse Project will study and implement the reuse of high quality wastewater effluent in the Canyon Lakes System (CLS), including Phase 1, Conceptual Design and Preliminary Engineering, Phase 2, Engineering Design and Bid Phase Services and Phase 3, Construction and Construction Phase Services. BUDGET PERIOD PROJECT PERIOD TOTAL BUDGET PERIOD COST TOTAL PROJECT PERIOD COST 09/0112006 - 08/31/2010 09/0112006 - 08/3112010 LIL399,637.00 1 $1,399,637.00 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 Cid of Lubbock for _% of all approved costs incurred up to and not exceeding — $769,800 for the support of approved budget period effort described in application (including all application modifications) cited in the Project Title and Description above, signed 05/25/2006 included herein by reference. ISSUING OFFICE (GRANTS MANAGEMENT OFFICE) AWARD APPROVAL OFFICE ORGANIZATION / ADDRESS ORGANIZATION f 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 HE UNITED STATES OF AMERICA BY THE U.S. ENVIRONMENTAL PROTECTION AGENCY SIGNATURE F ILIAL TYPED NAME AND TITLE I I. Flores, Director Water Quality Protection Division (6WQ) DATE ' 20 This agreement is subject to applicable U.S. Environmental Protection Agency statutory provisions and assistance regulations. In accepting this award or amendment and any payments made pursuant thereto, (1) the undersigned represents that he is duly authorized 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 see next page Honorable David A. Miller, Mayor, City of Lubbock Oct. 13, 2006 CITY OF LUBBOCK DAVID A. M LLER, MAYOR ATTEST: Re ecca Garza, City Secretary APPROVED A O CONTENT: e Torn Adams, Deputy City Manager APPROVED AS TO FORM: Richard K. Casner First Assistant City Attorney EPA Funding Information XP -96629501-0 Page FUNDS FORMER AWARD THIS ACTION AMENDED TOTAL EPA Amount This Action $ $ 769,800 $ 769,800 EPA In -Kind Amount $ $ $ 0 Unexpended Prior Year Balance $ $ $ 0 Other Federal Funds $ $ $ 0 Recipient Contribution $ $ 629,837 $ 629,837 State Contribution $ $ $ D Local Contribution $ $ $ 0 Other Contribution $ $ $ 0 Allowable Project Cost $ 0 $ 1,399,637 $ 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 DCN FY Approp. Code Budget Organization PRC Object Class Site/Project Cost Organization Obligation 1 Deobligation WE0026 WE0026 06 06 E4C E4C 0600GRZ 060CGRZ 201 B51 E 202B51 4183 4183 384,90 384,900 789.80 XP - 96629501 - 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 $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 % Fed %) $1,399,637 20. TOTAL APPROVED ASSISTANCE AMOUNT $769,800 XP - 96629501 - 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. 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. 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, Nevada 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 13% WBE: CONSTRUCTION 8%; SUPPLIES 29%; SERVICES 26%; EQUIPMENT 13% If the recipient wishes to negotiate their own FY 2005 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 l.(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), 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 MBEIWBE Coordinator by October 30 of each year. (Reporting form available at www.epa.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 31.36(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 MBE/WBE terms and conditions. 10. In accordance with 40 CFR 31.360)(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 wwwepjs.gov. This term and condition supersedes EPA Form 5700-49, "Certification Regarding Debarment, Suspension, and Other Responsibility Matters Programmatic Conditions 1. In accordance with the National Environmental Policy Act (NEPA), 42 U.S.C. § 4321 et seq., EPA is required to conduct an environmental review on the project funded by this grant. Accordingly: The recipient agrees to provide EPA, in a timely fashion, an environmental information document (EID) containing all the necessary information on the project including a written analysis of the alternatives and the environmental impacts of the project. The EID must be of sufficient scope and detail to enable EPA to perform an environmental review under NEPA and other Federal environmental statutes. The recipient agrees not to take any action on the project beyond conceptual design (Conceptual design is essentially the same as facility planning as defined in EPA's Construction Grants program), including but not limited to, beginning the preparation of plans and specifications, purchasing land, advertising or awarding design and/or construction contracts, initiating construction or requesting reimbursement from EPA for costs associated with such actions until such time as EPA has completed its environmental review in accordance with NEPA and 40 CFR Part 6 and 1500 et seq. Completion of this review will be evidenced by the issuance of a Categorical Exclusion (CE), the conclusion of the Finding of No Significant Impact (FNSI) process, or the issuance of a Record of Decision (ROD). The recipient agrees that, upon completion of the NEPA review, design and construction shall be undertaken in accordance with the results of that review, including but not limited to, the implementation of measures EPA identifies as reasonable to mitigate the environmental impacts of the project. EPA reserves the right to unilaterally terminate this grant in the event the recipient fails to comply with this condition, in accordance with 40 CFR Section 31.43. 2. This award is subject to all applicable Federal crosscutting laws and authorities as well as EPA, Office of Wastewater Management, policy guidance dated June 6, 2005, and attached hereto as Attachment A. The recipient will work with the EPA Las Vegas Finance Center (LVFC) to setup 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 setup 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. 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. 5. As a part of the environmental review, 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 C. 6. 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. In addition, EPA representatives will be specifically responsible for assuring that the following post -award activities take place: Review of periodic payment requests; Interim inspections; Review of change orders and claims; Review and approval of final payment requests; Analysis of environmental review documents for NEPA-compliance, if appropriate; and Determination that the project is capable of meeting its objectives. Also, EPA representatives will assure that the recipient understands and meets requirements related to the National Environmental Policy Act and numerous cross -cutting Federal authorities. 7. EPA Region 6 "Supplemental Conditions for Federally Assisted Water and Wastewater Treatment Facilities" attached hereto as Attachment D, 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. 8. Executed site certificate(s) shall be submitted to the EPA Project Officer, as evidence that sites, easements and rights-of-way have been acquired. 9. The recipient will ensure that any design and construction 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 E. 10. All of the following must be submitted to and approved by EPA before recipient may advertise for bids for construction. a. Plans and specifications and addenda to the plans and specifications. b. Architect/Engineer (A/E) agreement for construction services. C, A project schedule. All change orders executed after the award of contract must be submitted and approved by EPA. 11. 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. 12. The recipient also agrees to provide forty-five (45%) percent of project costs with non-federal matching funds. 13. The recipient agrees that only wastewater and water infrastructure facilities that are or will be owned by the grant or subgrant recipient are eligible for grant funding. For example, this means that house laterals (the sewer line from the collection system to the house) and drinking water service lines (the line from the drinking water distribution system to the house) must be owned by the grantee or subgrantee in order for these facilities to be eligible for grant funding. The ownership requirement applies to new construction, as well as the rehabilitation of existing facilities, and to infiltration/inflow correction associated with existing sewer lines, including house laterals. The grantee or subgrantee can have ownership by either fee simple title, or by the issuance of an enforceable easement with right of access. Since the grantee or subgrantee has ownership of these facilities, the grantee or subgrantee would be responsible for the operations and maintenance of those facilities for the life of those facilities. Additionally, the grantee or subgrantee could not transfer ownership of the facilities to any entity without written approvaS from EPA. 14. 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. 15. The recipient understands that the use of recipient's work force to perform grant -funded construction is subject to provisions of OMB Circular No. A-87. Recipient agrees that the rates paid for direct labor and the types of fringe benefits for recipient's work force perform€ng grant -funded construction will be in accordance with normal rates and benefits applicable to similar work performed by recipient's work force. Recipient agrees to maintain adequate file information to support both the basis for pay rates and benefits, and the total costs charged to the grant.