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HomeMy WebLinkAboutCONSENT USEPA Hadlock Sewer Project Department of Public Works O Consent Agenda Page 1 of 1 Jefferson County Board of Commissioners Agenda Request To: Board of Commissioners Mark McCauley, County Administrator From: Monte Reinders, P.E., Public Works Director/County Engineer Agenda Date: June 2, 2025 Subject: Accept the U.S. Environmental Protection Agency (EPA) 2022 and 2023 Consolidated Appropriations Act Grant Agreement for Jefferson County, WA for the Port Hadlock Sewer Project Statement of Issue: Accept the U.S. Environmental Protection Agency (EPA) 2022 and 2023 Consolidated Appropriations Act Grant Agreement for Jefferson County, WA for the Port Hadlock Sewer Project. Analysis/Strategic Goals/Pro's & Con's: In 2022, through the efforts of the Commissioners, Public Works, and State and Federal legislators, the County had received the following construction funding for the Port Hadlock Urban Growth Area - Phase I (Core Area) Wastewater Project: • $20 million from a Washington State budget appropriation • $6.7 million from Department of Ecology Water Quality Combined Financial Assistance • $3.0 million 2022 U.S. EPA Community Projects/Consolidated Act Appropriation (Kilmer) • $2.5 million 2023 U.S. EPA Community Projects/Consolidated Act Appropriation (Murray) Since award, Public Works and EPA staff have been working together to 1) combine the FY 2022 and FY 2023 Community Project Appropriations under one project; 2) process cost share requirement waiver; and 3) submit the Community Projects/Consolidated Act Appropriation application which included environmental and cultural resources review, scope, budget and schedule. There is no County signature required. Fiscal Impact/Cost Benefit Analysis: The EPA Community Projects/Consolidated Act Appropriation equals 100-percent total federal grant funding of$5,500,000. Recommendation: The Board is to acknowledge acceptance of the U.S. Environmental Protection Agency 2022 and 2023 Community Projects/Consolidated Act Appropriation Grant Agreement for Jefferson County, WA for the Port Hadlock Sewer Project. Department of Public Works O Consent Agenda Page 2 of 2 Department Contact: Samantha Harper, P.E. Project Manager, 385-9175. Reviewed By: ry/// '6( Mark McCauley, nty Administrator a Date CONTRACT REVIEW FORM Clear Form (INSTRUCTIONS ARE ON THE NEXT PAGE) CONTRACT WITH: U.S.E.P.A. Contract No: PW2025-052 Contract For: Community Grant Agreement for Port Hadlock UGA Sewer Term: COUNTY DEPARTMENT: Public Works Contact Person: Samantha Harper Contact Phone: ext.175 Contact email: sharper@co.jefferson.wa.us AMOUNT: $5,500,000.00 PROCESS: — Exempt from Bid Process Revenue: $5,500,000.00 Cooperative Purchase ^ Expenditure: _ Competitive Sealed Bid Matching Funds Required: Small Works Roster Sources(s) of Matching Funds Vendor List Bid Fund# _ RFPorRFQ Munis Org/Obj ✓ Other:Grant APPROVAL STEPS: STEP 1: DEPARTMENT CERTIFIES CO PLIANCE WITH JCC .55.080 AND CHAPTER 4 RCW. CERTIFIED: ® N/A:❑� 512- / G� Signature Date STEP 2: DEPARTMENT CERTIFIES THE PERSON PROPOSED FOR CONTRACTING WITH THE COUNTY (CONTRACTOR) HAS NOT BEEN DEBARRE BY ANY FEDERAL, STATE, OR LOCAL AGENCY. CERTIFIED: ❑ N/A: 0 S j--)ja i-2,,s Signature Date STEP 3: RISK MANAGEMENT REVIEW(will be added electronically through Laserfiche): Electronically approved by Risk Management on 5/29/2025. STEP 4: PROSECUTING ATTORNEY REVIEW(will be added electronically through Laserfiche): lectronically approved as to form by PAO on 5/29/2025. Federal grant contract. STEP 5: DEPARTMENT MAKES REVISIONS & RESUBMITS TO RISK MANAGEMENT AND PROSECUTING ATTORNEY(IF REQUIRED). STEP 6: CONTRACTOR SIGNS STEP 7: SUBMIT TO BOCC FOR APPROVAL 1 CG-02J97501-0 Page 1 Ja`iED STA).. GRANT NUMBER(FAIN): 02J97501 MODIFICATION NUMBER: 0 DATE OF AWARD 2� Q „ U.S. ENVIRONMENTAL PROGRAM CODE: CG 05/08/2025 PROTECTION AGENCY TYPE OF ACTION MAILING DATE y New 05/13/2025 4,,. c��o Grant Agreement PAYMENT METHOD: ACH# PRO Reimbursement RECIPIENT TYPE: Send Payment Request to: Municipal rtpfc-grants@epa.gov RECIPIENT: PAYEE: JEFFERSON COUNTY PUBLIC WORKS DEPARTMENT JEFFERSON COUNTY PUBLIC WORKS DEPARTMENT 623 SHERIDAN ST 623 SHERIDAN ST ATTN ACCTS RECEIVABLE ATTN ACCTS RECEIVABLE PORT TOWNSEND,WA 98368-6729 PORT TOWNSEND,WA 98368-6729 EIN: 91-6001322 PROJECT MANAGER EPA PROJECT OFFICER EPA GRANT SPECIALIST Samantha Harper Megan Browning Lacey Davidson 623 Sheridan Street 805 SW Broadway,Suite 500 1200 6th Ave.,Suite 155 Port Townsend,WA 98368-6729 Portland,OR 97205-3339 Seattle,WA 98101-3144 Email: sharper@co.jefferson.wa.us Email: Browning.Megan@epa.gov Email: davidson.lacey@epa.gov Phone:360-385-9175 Phone:503-326-2715 Phone:206-553-0758 PROJECT TITLE AND DESCRIPTION Jefferson County,WA for the Port Hadlock Sewer Project This agreement provides funding to Jefferson County,Washington to implement its Port Hadlock Sewer project as directed in the 2023 Consolidated Appropriations Act and in an approved Technical Correction of the 2022 Consolidated Appropriations Act. The activities to be performed include the execution and implementation of a wastewater project.Workplan activities consist of the installation of a sewer collection system and associated equipment,as well as the decommission of existing on-site septic infrastructure. The anticipated deliverables include the construction of a sewer collection system encompassing approximately 210 acres and related education materials for the Port Hadlock Urban Growth Area Fats,Oil and Grease program due to several restaurants in the project area. The expected outcomes include sewer service to replace over 100 individual septic systems and increased wastewater awareness for restaurant operators in the project area,which will increase reliability of sewer service to the area. The intended beneficiaries include residents of Port Hadlock,Washington and the greater environment. No subawards are included in this assistance agreement. BUDGET PERIOD PROJECT PERIOD TOTAL BUDGET PERIOD COST TOTAL PROJECT PERIOD COST 03/01/2025-12/31/2027 03/01/2025-12/31/2027 $5,500,000.00 $5,500,000.00 NOTICE OF AWARD Based on your Application dated 01/08/2025 including all modifications and amendments,the United States acting by and through the US Environmental Protection Agency(EPA)hereby awards$5,500,000.00.EPA agrees to cost-share 100.00%of all approved budget period costs incurred,up to and not exceeding total federal funding of$5,500,000.00.Recipient's signature is not required on this agreement.The recipient demonstrates its commitment to carry out this award by either:1)drawing down funds within 21 days after the EPA award or amendment mailing date;or 2)not filing a notice of disagreement with the award terms and conditions within 21 days after the EPA award or amendment mailing date.If the recipient disagrees with the terms and conditions specified in this award,the authorized representative of the recipient must furnish a notice of disagreement to the EPA Award Official within 21 days after the EPA award or amendment mailing date.In case of disagreement,and until the disagreement is resolved,the recipient should not draw down on the funds provided by this award/amendment,and any costs incurred by the recipient are at its own risk.This agreement is subject to applicable EPA regulatory and statutory provisions,all terms and conditions of this agreement and any attachments. ISSUING OFFICE(GRANTS MANAGEMENT OFFICE) AWARD APPROVAL OFFICE ORGANIZATION/ADDRESS ORGANIZATION/ADDRESS U.S.EPA,Region 10,EPA Region 10 U.S.EPA,Region 10,Mission Support Mail Code: 14-D12,1200 Sixth Avenue,Suite 155 R10-Region 10 Seattle,WA 98101 1200 Sixth Ave,Suite 155 Seattle,WA 98101-3144 THE UNITED STATES OF AMERICA BY THE U.S.ENVIRONMENTAL PROTECTION AGENCY Digital signature applied by EPA Award Official Andrea Manion-Grants Management Officer DATE 05/08/2025 Approved as to to" only: , i , . for 05/29/2025 Philip C.Hunsucker, Date Chief Civil Deputy Prosecuting Attorney CG-02J97501 0 Page 2 EPA Funding Information FUNDS FORMER AWARD THIS ACTION AMENDED TOTAL EPA Amount This Action $0 $5,500,000 $5,500,000 EPA In-Kind Amount $0 $0 $0 Unexpended Prior Year Balance $0 S 0 $0 Other Federal Funds $0 $0 $0 Recipient Contribution S 0 $0 $0 State Contribution $0 $0 $0 Local Contribution $0 $0 $0 Other Contribution S 0 $0 $0 Allowable Project Cost $0 $5,500,000 $5,500,000 Assistance Program Statutory Authority Regulatory Authority 66.202-Congressionally Mandated Projects 2023 Consolidated Appropriations Act(PL 117-328) 2 CFR 200,2 CFR 1500 and 40 CFR 33 2022 Consolidated Appropriations Act(PL 117-103) Fiscal Approp.Site Name Reg No Cst Code Organization PRC et OClasst bjec Site/Project Organization Deolbl gation - 2510MCD032 24 E5C 1022CJQ 000880 4192 - - $2,500,000 2510MCD032 24 E5C 1023CZW 000B80 4192 - - $3,000,000 $5,500,000 CG-02J97501 -0 Page 3 Budget Summary Page Table A-Object Class Category Total Approved Allowable (Non-Construction) Budget Period Cost 1.Personnel $ 157,590 2,Fringe Benefits $85,597 3.Travel $0 4.Equipment $0 5.Supplies $0 6.Contractual $ 147,192 7.Construction $5,100,822 8.Other $8,799 9.Total Direct Charges $5,500,000 10. Indirect Costs:0.00%Base $0 11.Total(Share:Recipient 0.00%Federal 100.00%) $5,500,000 12.Total Approved Assistance Amount $5,500,000 13.Program Income $0 14.Total EPA Amount Awarded This Action $5,500,000 15.Total EPA Amount Awarded To Date $5,500,000 CG-02J97501 -0 Page 4 Administrative Conditions GENERAL TERMS AND CONDITIONS The recipient agrees to comply with the current EPA general terms and conditions available at: https://www.epa. gov/system/files/documents/2024-09/fv 2023 epa general terms and conditionseffective october 1 2024_or later.pdf These terms and conditions are in addition to the assurances and certifications made as a part of the award and the terms, conditions, or restrictions cited throughout the award. The EPA repository for the general terms and conditions by year can be found at: https://www.epa.gov/grants/grant-terms- and-conditions. A. CORRESPONDENCE Federal Financial Reports (SF-425): rtpfc-grants@epa.gov All other forms/certifications/assurances, Indirect Cost Rate Agreements, updates to recipient information (including email addresses, changes in contact information or changes in authorized representatives) and other notifications: R10grantsaepa. gov Requests for Extensions of the Budget and Project Period, Quality Assurance documents, workplan revisions, equipment lists, programmatic reports and deliverables, Amendment Requests, Requests for other Prior Approvals: browning.meganeepa. gov Administrative questions and issues: davidson.laceyc epa.gov B. PRIOR APPROVAL OF PAYMENTS FOR EPA COMMUNITY GRANTS(UPDATED 6/13/23) Payment Requests are to be completed on Standard Form 270, "Request for Advance or Reimbursement" and submitted to the EPA Grants Office with a copy to the EPA Project Officer. This form and instructions for completing it can be found at https://www.epa.gov/grants/epa-grantee-forms. The requests will report cumulative expenditures both (federal and non- federal) incurred under the grant. EPA will approve payments for allowable expenditures at the ratio shown in the latest Agreement. Under this payment mechanism, the recipient submits for EPA approval the Standard Form 270 along with supporting cost documentation via email to rl0communitygrants(a�epa.gov, the EPA Project Officer and the EPA Grants Management Specialist listed on this award document. Attachments must be submitted in pdf or other acceptable software format (e.g., DocuSign)and the Standard Form 270 must be electronically or digitally signed by your organization's authorized representative or their designee in accordance with EPA's Recipient/Applicant Information Notice (RAIN), Establishment of Standards for Submission of Administrative and Financial Assistance Agreement Forms/Documents with Electronic or Digital Signatures by Email. Documentation to support costs claimed for reimbursement include copies of bills (vouchers, invoices, etc.), along with a description of services rendered, time spent, and charges. The table below provides examples of acceptable documentation. Also, as a reminder, please refer to the Grant-Specific Programmatic Terms and Conditions of this award for additional information regarding procurement documentation submission requirements. After review and written notification of EPA's approval, the recipient will request funds via the U.S. Treasury's Automated Standard Application for Payment(ASAP)system for 100% of the total allowable expenditures shown on the Standard Form 270 (i.e., the Federal share)for the period covered by the request. EPA may pay 100% of the allowable expenditures reported for the period of the request for grants for which the cost share requirement has been waived by EPA. Payment for costs approved by EPA and authorized for drawdown by the recipient via the ASAP System will be credited to the recipient's designated financial institution (See Financial Information in the EPA General Terms and Conditions applicable to this award). Any questioned or disallowed costs will be detailed in writing by EPA's Grants Management Officer. CG-02J97501 -0 Page 5 SUPPORTING DOCUMENTATION BY BUDGET CATEGORY BUDGET CATEGORY ACCEPTABLE DOCUMENTATION 1. PERSONNEL(for both EPA-funded and non-EPA funded employees whose services will count towards the recipient's cost share) Records must: • meet the requirements in 2 CFR 200.430(1) for producing accurate information regarding actual hours an employee worked performing the EPA agreement.• reflect 100% of actual hours worked daily and the projects, programs or activities worked, not estimated amounts or percentages. They must also reflect non- working hours used during the pay period. • be certified by an appropriate recipient manager indicating that the hours shown as worked in support of the EPA assistance agreement were actually spent on activities approved and eligible under the agreement for which the costs are claimed- contain names of employees charging time to the agreement, with explicit indication of number of hours charged, the hourly rate, and the total amount thereof charged. 1a. Working Hours • Copies of time sheets or equivalent records lb. Non-Working Hours(e.g., sick leave, annual •A schedule or report showing the non-working hour leave, holiday pay, etc.) being charged to the cost calculations and amounts claimed, including the agreement if not covered by a leave rate or included applicable accruals and distribution methodologies for in fringe benefits. _ the periods used in the calculations. •A schedule or report showing the fringe benefit cost 2. FRINGE BENEFITS— if applicable, approved calculations per employee, per pay period being fringe rate or actual costs per employee. claimed for payment and charged to the assistance agreement. Individual items included in approved fringe benefit rates must be identified. 3. INDIRECT COSTS—either an approved indirect •A schedule or report showing the indirect costs cost rate agreement covering the period for the calculations and amounts claimed and charged to the indirect costs being claimed, or otherwise approved assistance agreement, including the applicable rates to use the 10% de minimis rate. See the General and cost basis for the periods used in the Terms and Conditions for additional information. calculations. • listing of trips taken, trip dates, location, purpose, and actual costs incurred.• copy of signed and dated authorization documents for each trip. • written 4. TRAVEL certification by employee's supervisor or other authorized official that the trip took place.• copy of signed and dated travel vouchers showing actual expenditures 5. EQUIPMENT—records must show equipment • copy of procurement requests• copy of vendor items, quantity, unit cost, and total amount consistent invoices• quotes or bid announcements as required with the PO and RFP. • invoices showing supply items, quantity, unit cost, 6. SUPPLIES and total amount consistent with the Purchase Order. • copy of procurement requests• copy of vendor invoices•quotes or bid announcements as required 7. CONTRACTUALThe contract agreement must include all applicable clauses stipulated at 2 CFR Part 200.327 and Appendix II. Contracts for • documents showing quotes or bid announcements Architectural and Engineering services are included as required.• evidence of the selection decision and a in this category.The costs for consultant cost and price analysis- copy of contractor invoices compensation that are charged to the EPA assistance agreement (including cost shares) must not exceed the consultant cap (Level IV of the CG-02J97501 -0 Page 6 Executive Schedule) as described at 2 CFR 1500.10 8. CONSTRUCTIONThis category includes contracts •documents showing quotes or bid announcements for general construction and other contractor costs for activities described in EPA's Small and as applicable.- evidence of the selection decision and Disadvantaged Business (DBE) rule at 40 CFR a cost and price analysis• copy of contractor and vendor invoices 33.103. • invoices showing items, quantity, unit cost, and total 9. OTHERIf subaward costs are being claimed, a amount. As applicable ensure there are:• copies of copy of the executed subaward agreement must be procurement requests-copy of vendor invoices- provided. The subaward agreement must comply with quotes or bid announcements as required- the requirements of the subaward term and condition documentation of participant support cost payments of the EPA award and 2 CFR 200.331 and 200.332. approved in the budget• cost Calculations/Allocations of shared costs like rent, utilities, etc. CG-02J97501 -0 Page 7 Programmatic Conditions GRANT-SPECIFIC PROGRAMMATIC TERMS AND CONDITIONS FOR EPA COMMUNITY GRANTS A. Performance Reporting (2 CFR 200.329) The recipient agrees to submit performance reports to the EPA Project Officer on a semi-annual basis, no later than April 30 and October 30 of each year. The final performance report must be submitted no later than 120 calendar days after the period of performance. Performance reports must relate financial data and project or program accomplishments to performance goals and objectives and include brief information on each of the following areas, as applicable: 1) a comparison of accomplishments to the outputs/outcomes established in the assistance agreement workplan for the reporting period; 2)explanations on why established outputs/outcomes were not met; and 3)additional information, analysis, and explanation of cost overruns or higher-than-expected unit costs. 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 workplan. B. Project changes (2 CFR 200.308) Consistent with 2 CFR 200.308, the recipient must request prior written approval from EPA for the following program and budget-related reasons, including: changes which alter the project performance standards; changes in the scope or objectives of the project(even if there is no associated budget revision requiring prior written approval)or substantially altering the design of the project; changes in key personnel (including employees and contractors)that are identified by name or position in the Federal award; the disengagement from a project for more than three months, or a 25% reduction in time and effort devoted to the Federal award over the course of the period of performance, by the approved project director or principal investigator; the inclusion, unless waived by the EPA, of costs that require prior approval in accordance with subpart E to 2 CFR Part 200 as applicable; the transfer funds between construction and non-construction budget categories; significantly delaying or accelerating the project schedule; or substantially altering the facilities plan, design drawings and specifications, or the location, size, capacity, or quality of any major part of the project. Note, depending on the type of change, the Agency Award Official or Grant Management Officer may need to make the final determination. C. Right of Access(2 CFR 200.337) EPA will have access to all records which are pertinent to the assistance agreement(including fiscal, procurement, and engineering data and files), and EPA may conduct site visits and inspections related to progress of the assistance agreement workplan activities. • Procurement Document Submission (1)With the exception of projects that qualify for the procurement flexibilities in the FY 2024 Consolidated Appropriations Act (P.L. 118-42)discussed below in term and condition D. Procurement, the recipient shall submit a copy of all proposed and/or executed contracts for services (including professional and construction), supplies, and equipment over$250,000 to the EPA Project Officer for review. The submittal of the proposed and/or executed contracts must include procurement records. (a) Recipient agrees to submit plans and specifications, requests for proposals, invitations for bids, scopes of work, and/or plans and specifications to the EPA Project Officer for review prior to advertising for bids, or as soon as practicable thereafter if a contract has been executed or performance under the contract has begun. Recipient will also submit any addenda to these documents to the EPA Project Officer for review prior to the opening of bids, or as soon as practicable thereafter if a contract has been executed or performance under the contract has begun. (b) Recipient agrees to submit to the EPA Project Officer, within ten calendar days after a bid opening, or as soon as practicable thereafter if a contract has been executed or performance under the contract has begun, the bid package of the lowest responsive, responsible bidder for review prior to the award of a contract, or as soon as practicable thereafter if a contract has been executed or performance under the contract has begun. The bid package will include a bid tabulation, a copy of the proof of advertising, the bid bond of the low bidder, the Minority Business CG-02J97501 -0 Page 8 Enterprise(MBE)/Women's Business Enterprise (WBE) proposed utilization by the low bidder with a statement from Recipient that the efforts taken by the low bidder meet the statutory/regulatory requirements, and the recommendation to award a contract to the low bidder. (c) Recipient agrees to submit to the EPA Project Officer for review any proposed and/or executed contract for services, such as architectural/engineering or grant management or construction, prior to signing each contract, or as soon as practicable thereafter if a contract has been executed or performance under the contract has begun, as well as any change orders executed after the award of the contract. A description of the process used to procure those services will also be submitted. To be accepted as allowable project costs, such procurements/contracts must comply with all statutory and regulatory requirements, including 40 U.S.C. 1101 et seq (the Brooks Act)or an equivalent State qualifications-based procurement requirement, as applicable;2 CFR Part 200; 2 CFR Part 1500; and/or 40 CFR Part 33. (2) Recipients that qualify for the procurement flexibilities discussed below in term and condition D. Procurement, must provide to the EPA upon request solicitation documents (e.g., Request for Proposals or Request for Qualifications), contracts, and/or any other pertinent documents relating to the process used to enter the contract. (3)All recipients, to include those that qualify for the procurement flexibilities in the FY 2024 Consolidated Appropriations Act (P.L. 118-42)discussed below in term and condition D. Procurement must comply with the requirements in the Davis-Bacon Act, American Iron and Steel (AIS), and Build America, Buy America (BABA) in any procurements and resulting contracts as applicable. These requirements include incorporating the appropriate prevailing wage determinations and AIS/BABA in the solicitation documents. D. Procurement The FY 2024 Consolidated Appropriations Act (P.L. 118-42), which was signed into law on March 9, 2024, states: Provided further, That the funds made available under this heading for Community Project Funding/Congressionally Directed Spending grants in this or prior appropriations Acts are not subject to compliance with Federal procurement requirements for competition and methods of procurement applicable to Federal financial assistance, if a Community Project Funding/Congressionally Directed Spending recipient has procured services or products through contracts entered into prior to the date of enactment of this legislation that complied with state and/or local laws governing competition. (a) Recipients with projects identified in the FY 2024 or prior(i.e., FY 2022 and FY 2023)Appropriations Acts are not subject to compliance with Federal procurement requirements for competition and methods of procurement applicable to Federal financial assistance if the recipient has: • procured services or products through contracts entered into prior to March 9, 2024; and • complied with state and/or local laws governing competition (including laws/policies relating to participation by disadvantaged business enterprises or equivalent, as applicable, and method of procurement). The recipient must provide a written statement to the EPA Project Officer affirming any contracts entered into prior to March 9, 2024, complied with state and/or local laws governing competition (including laws/policies relating to participation by disadvantaged business enterprises or equivalent as applicable, and method of procurement). The statement must also include the date the contracts were entered into. The contract will be considered covered by the provision upon receipt of written confirmation from EPA. The recipient must retain documentation (e.g., solicitation documents, procurement certifications from state and/or local officials)demonstrating compliance of such contracts with state and/or local laws governing competition, including such laws relating to participation by disadvantaged business enterprises or equivalent as applicable. (a)(1) Contract Amendments after March 9, 2024, and FY 2024 Procurement Flexibility Recipients with projects identified in the FY 2024 or prior(i.e., FY 2022 and FY 2023)Appropriations Acts may not be subject to compliance with Federal procurement requirements for competition and methods of procurement CG-02J97501 -0 Page 9 applicable to Federal financial assistance (with the exception noted below in paragraph (a)(2)for contract modifications over the Simplified Acquisition Threshold in effect at the time of award)for contract amendments that occur after March 9, 2024, if the recipient has: (i) procured services or products through contracts entered into prior to March 9, 2024; (ii)entered into said contracts in compliance with state and/or local laws governing competition (including laws/policies relating to participation by disadvantaged business enterprises or equivalent, as applicable, and method of procurement); and (iii)complied with state and/or local laws relating to contract amendments as applicable. The recipient must provide a written statement to the EPA Project Officer affirming any contracts entered into prior to March 9, 2024, and contract amendments after that date, complied with state and/or local laws governing competition (including laws/policies relating to participation by disadvantaged business enterprises or equivalent as applicable, and method of procurement). The statement must also include the date the contracts and contract amendments were entered into. The contracts and contract amendments will be considered covered by the provision upon receipt of written confirmation from EPA. The recipient must retain documentation (e.g., solicitation documents, procurement certifications from state and/or local officials)demonstrating compliance of such contracts and amendments with state and/or local laws governing competition, including such laws relating to participation by disadvantaged business enterprises or equivalent as applicable. (2)Consistent with 2 CFR 200.324, the recipient further agrees that for all contract modifications/amendments in excess of the Simplified Acquisition Threshold in effect at the time of award, the recipient will perform a cost or price analysis. (b)All other recipients who do not qualify for the procurement flexibilities discussed in section (a) must procure all services (professional, construction, etc.), supplies, and equipment awarded under this grant in accordance with all applicable federal requirements, including: 40 U.S.C. 1101 et seg. (the Brooks Act)or an equivalent State qualifications-based procurement requirement, as applicable;2 CFR Part 200; 2 CFR Part 1500; and/or 40 CFR Part 33. This includes all services (professional, construction, etc.), supplies, and equipment for which costs are approved as preaward costs. (c) Recipient must comply with the procurement processes for architectural and engineering (NE) services as described in 40 U.S.C. 1101 et seq., or an equivalent State qualifications-based requirement. Where equivalent State qualifications-based requirements are complied with, the source of the requirement(e.g., existing State legislation or regulation, etc.) must be stated, and a certification from the Governor of the State that the State's NE procurement requirements are equivalent to 40 U.S.C. 1101 et seq. must accompany the grant application. In lieu of a certification from the Governor, the Attorney General's certification submitted with each grant application may include this certification. The requirements of 40 U.S.C. 1101 et seq. include: • Public announcement of the solicitation (e.g., public announcement of a Request for Qualifications); • Evaluation and ranking of the submitted qualifications statements based on established, publicly available criteria (e. g., criteria identified in the solicitation); Evaluation criteria should be based on demonstrated competence and qualifications for the type of professional services required (e.g., past performance, specialized experience, and technical competence in the type of work required); . Discussion with at least three firms to consider anticipated concepts and compare alternative methods for furnishing services; • Selection of at least three firms considered to be the most highly qualified to provide the services required; and . Contract negotiation with the most highly qualified firm to determine compensation that is fair and reasonable based on a clear understanding of the project scope, complexity, professional nature, and the estimated value of the services to be rendered; CG-02J97501 -0 Page 10 In the event that the recipient is unable to negotiate a satisfactory contract with the firm, the recipient shall formally terminate negotiations and then undertake negotiations with the next most qualified of the selected firms, continuing the process until an agreement is reached. If the recipient is unable to negotiate a satisfactory contract with any of the selected firms, the agency head shall select additional firms in order of their competence and qualification and continue negotiations in accordance with this section until an agreement is reached. In the event that the State has no existing equivalent qualifications-based requirement for procurement, the federal requirements in 40 U.S.C. 1101 et seq. apply. (d)All recipients, to include those that qualify for the procurement flexibilities discussed in section (a), must comply with the requirements in the Davis-Bacon Act, American Iron and Steel (AIS), and Build America, Buy America (BABA) in any procurements and resulting contracts as applicable. These requirements include incorporating the appropriate prevailing wage determinations and AIS/BABA in the solicitation documents. E. Cybersecurity Condition (a)The recipient agrees that when collecting and managing environmental data under this assistance agreement, it will protect the data by following all applicable State or Tribal law cybersecurity requirements. (b) (1) EPA must ensure that any connections between the recipient's network or information system and EPA networks used by the recipient to transfer data under this agreement, are secure. For purposes of this Section, a connection is defined as a dedicated persistent interface between an Agency IT system and an external IT system for the purpose of transferring information. Transitory, user-controlled connections such as website browsing are excluded from this definition. If the recipient's connections as defined above do not go through the Environmental Information Exchange Network or EPA's Central Data Exchange, the recipient will contact the EPA Project Officer no later than 90 days after the date of this award and work with the designated Regional/Headquarters Information Security Officer to ensure that the connections meet EPA security requirements, including entering into Interconnection Service Agreements as appropriate. This condition does not apply to manual entry of data by the recipient into systems operated and used by EPA's regulatory programs for the submission of reporting and/or compliance data. (2)The recipient agrees that any subawards it makes, under this agreement will require the subrecipient to comply with the requirements in (b)(1) if the subrecipient's network or information system is connected to EPA networks to transfer data to the Agency using systems other than the Environmental Information Exchange Network or EPA's Central Data Exchange. The recipient will be in compliance with this condition: (i) by including this requirement in subaward agreements; and (ii)during subrecipient monitoring deemed necessary by the recipient under 2 CFR 200.332(e), by inquiring whether the subrecipient has contacted the EPA Project Officer. Nothing in this condition requires the recipient to contact the EPA Project Officer on behalf of a subrecipient or to be involved in the negotiation of an Interconnection Service Agreement between the subrecipient and EPA. F. Signage The FY 2022 Consolidated Appropriations Act(Pub. Law 117-103), FY 2023 Consolidated Appropriations Act (Pub. Law 117- 328), and FY 2024 Consolidated Appropriations Act(Pub. Law 118-42) provide that those federal requirements that would apply to a Clean Water State Revolving Fund (CWSRF)or Drinking Water State Revolving Fund (DWSRF) project grant recipient shall apply to a grantee receiving a Community Grant. Consequently, these Appropriations Acts extend Signage requirements applicable to SRF projects to Community Grants. The recipient agrees to comply with the SRF Signage Guidelines in order to enhance public awareness of EPA assistance agreements nationwide. Basic Requirements Recipients should note that they have the option of selecting different implementation options depending on the location, project type, and available resources. The costs of compliance with the signage requirements are allowable under the grant, provided the costs are reasonable. Recipients must ensure limited English proficient individuals have meaningful access to activities receiving EPA funds, consistent with Executive Order 13166 and EPA Order 1000.32. In this regard, to increase CG-02J97501 -0 Page 11 public awareness of projects serving communities where English is not the predominant language, EPA encourages recipients to translate the language used (excluding the EPA logo or seal) into the appropriate non-English language(s). The costs of such translation are allowable under the grant, provided the costs are reasonable. Summary of Options The SRF Signage Guidelines present a number of options which communities can explore to implement EPA's signage policy. The option selected should meet all of the Basic Requirements above while remaining cost-effective and accessible to a broad audience. The following strategies are acceptable options for communities to follow: Standard signage • Posters or wall signage in a public building or location • Newspaper or periodical advertisement for project construction, groundbreaking ceremony, or operation of the new or improved facility • Online signage placed on community website or social media outlet • Press release Each of these options is described in more detail in the sections below. Implementation Option: Standard Signage EPA recommends that large projects that involve significant expansion or construction of a new facility elect to publicize through standard signage. This option should be selected for projects where the sign would be near a major road or thoroughfare or where the facility is in a location at which this would effectively publicize the upgrades. Some facilities will not find this an appropriate or cost-effective solution. For example, investing in a large road sign for a facility that is located in a rural area or where access is limited to a smaller service road would likely not be an optimal solution. Signs can also be located away from the project site if there is another reasonable alternative. For example, a community may elect to place a sign advertising the project near a body of water that receives discharge from a particular facility. Recipients selecting projects that will implement this requirement through use of a traditional sign should ensure the following are included: •The name of the facility, project, and community • Project cost(total grant award amount, i.e., federal share plus recipient contribution) •The EPA and Recipient logos (EPA logo may only be used on a sign) If the EPA logo is displayed along with logos of other participating entities, the EPA logo must not be displayed in a manner that implies that EPA itself is conducting the project. Instead, the EPA logo must be accompanied with a statement indicating that the recipient received financial assistance from EPA for the project. As provided in the sign specifications from the EPA Office of Public Affairs (OPA), the EPA logo is the identifier for assistance agreement projects. Recipients are responsible to comply with the sign specifications provided by the OPA, available at https://www.epa.gov/grants/epa-logo-seal-specifications- signage-produced-epa-assistance-agreement-recipients. To obtain the appropriate EPA logo graphic file, the recipient should send a request directly to OPA and include the EPA Project Officer in the communication; contact information can be found at https://www.epa.gov/aboutepa/using-epa-seal-and-logo#download. Implementation Option: Posters, Brochures, and/or Pamphlets Smaller projects, projects located in rural areas, and other efforts may find that it is more cost-effective and practical to advertise efforts through creation of a poster or smaller sign. If the project involves nonpoint source or green infrastructure CG-02J97501 -0 Page 12 components, those can be described at the discretion of the recipient. The poster or brochure and acknowledgement should be visible, as well as a website or other source of information for individuals that may be curious about the Community Grants program. The recipient may also implement this option as a short pamphlet that is placed in one of the locations noted below for community members to read. Posters, brochures, and/or pamphlets should be placed in a public location that is accessible to a wide audience of community members. This can include, but is not limited to: •Town or City Hall • Community Center • Locally owned or operated park or recreational facility • Public Library • County/municipal government facilities • Court house or other public meeting space Given the low cost for producing multiple copies of the same poster, brochure, and/or pamphlet, communities can explore options for displaying these posters in several locations simultaneously. This would achieve the overall objective of reaching a broad audience and publicizing the project. Projects that will implement this requirement through use of posters, brochures, and/or pamphlets should ensure the following are included: • Name of facility, project, and community • Project is wholly or partially funded with EPA funding • Brief description of project • Brief description of the water quality benefits the project will achieve Implementation Option: Newsletters, Periodicals,and/or Press Releases For communities where there is no suitable public space or where advertisement through signage is unlikely to reach community members effectively, projects can be advertised in a community newsletter or similar periodical. States can use guidelines from their standard public notice practices. For new construction, if a groundbreaking ceremony is to be held, an announcement could publicize or accompany publicity for this event. In some cases, it may be appropriate for the recipient to issue a formal press release announcing construction of a new facility. Distributing a single prepared statement concisely summarizing the project purpose and the joint funding from EPA and community resources can reach a wide audience as the statement goes through multiple news outlets. If the recipient decides on a public and/or media event to publicize the accomplishment of significant events related to the project as a result of EPA support, the recipient must provide EPA with at least ten working days' notice of the event and the opportunity to attend and participate in the event. Recipients that will implement this requirement through use of a newsletter, periodical, or press release should ensure the following are included: • Name of facility, project, and community CG-02J97501 -0 Page 13 • Project is wholly or partially funded with EPA funding • Brief description of the project • Brief listing of water quality benefits to be achieved Implementation Option: Inserts and/or Pamphlets in Water/Sewer Bills Utilities can consider including a single-page insert within water and sewer bills that are mailed to residents and users in the affected community. This approach would effectively publicize the project to those individuals directly benefitting from the project. The flyer or insert could emphasize the environmental and public health benefits to the community. Recipients that will implement this requirement through use of inserts and/or pamphlets in water/sewer bills should ensure the following are included: • Name of facility, project, and community • Project is wholly or partially funded with EPA funding • Brief description of the project • Brief listing of water quality benefits to be achieved Implementation Option: Online and/or Social Media Publicity Many communities are increasingly finding that the internet is the most cost-effective approach to publicizing their projects and reaching a broad audience of stakeholders. Online"signage" should follow the minimum information guidelines above and may appear on the town, community, and/or facility website if available. In some cases, communities may be active on social media sites such as Facebook or X, formally known as Twitter. These can be used as an opportunity for publicizing projects and information about how EPA funds are being used in the community. These online announcements/notices may be appropriate for settings where physical signage would not be visible to a wide audience. They can be a more cost-effective option than traditional signs or publicity in print media outlets. This option may be most useful where the community's website is a well-recognized source of information for its residents. In the case of some projects, such as nonpoint source, there might be additional opportunities for online publicity through partner agencies or organizations. This could take place either on the organization's website or through other social media outlets. Projects that will implement this requirement through use of online and/or social media publicity should ensure the following are included: • Name of facility, project, and community • Project was wholly or partially funded with EPA funding • Brief description of the project • Brief listing of water quality benefits to be achieved Suggested Language for Alternate Options For any of the alternate implementation options listed above, recipients have discretion to structure their signage as they see appropriate. The language below is offered as an option for use in posters, pamphlets, brochures, press releases, and/or online materials. Communities may consider using the following: CG-02J97501 -0 Page 14 "Construction of upgrades and improvements to the [Name of Facility, Project Location, or WWTP]were financed by the grant funding administered by the U.S. Environmental Protection Agency (EPA). EPA's Community Grant Program. This project will (description of project)and will provide water quality benefits [details specifying particular benefits]for community residents and businesses in and near(name of town, city, and/or water body or watershed to benefit from project.) For projects in certain areas, recipients should consider whether it is appropriate to include additional details about the project. Specific benefits, such as reduction of CSO events, lessening of nutrient pollution, reducing contaminant levels or water pumping costs, or improvements to a particular water body, may be of interest to community residents. In these cases, including additional detail would further serve to showcase positive efforts financed by EPA. Additionally, recipients may elect to detail improvements in energy efficiency or water conservation achieved by project upgrades. If the project includes green infrastructure components such as rain gardens and green roofs that have environmental and aesthetic benefits to the community, these can be described briefly as well. Again, this additional information can be included at the discretion of the recipient when it is appropriate, given the project type, location, and the type of signage or publicity effort selected. G. Public or Media Events The recipient will notify the EPA Project Officer listed in this award document of public or media events publicizing the accomplishment of significant events related to the project as a result of EPA support and provide the opportunity for attendance and participation by federal representatives with at least ten working days notice. H. Federal Cross-cutting Requirements/Other Applicable Federal Laws Recipient must comply with federal cross-cutting requirements as well as other applicable federal laws as provided in EPA's Community Grants Program Final Implementation Guidance. For additional information on cross-cutting requirements, as well as applicability for recipients and subrecipients, visit https://www.epa.gov/grants/epa-subaward-cross-cutter-requirements. I.American Iron and Steel (AIS) AIS requirements apply to State Revolving Fund assistance agreements signed on or after January 17, 2014, including all treatment works projects funded by a CWSRF assistance agreement and all public water system projects funded by a DWSRF assistance agreement. Based on the directive Congressional language in the FY 2022, FY 2023, and FY 2024 Consolidated Appropriations Acts' (i.e., "Applicable Federal requirements that would apply to a Clean Water State Revolving Fund or Drinking Water State Revolving Fund project grant recipient shall apply to a grantee receiving a CPF grant under this section"), AIS requirements apply to this award agreement. (a) Definitions. As used in this award term and condition— (1)"iron and steel products" mean the following products made primarily of iron or steel, where"primarily" means 50% or greater iron/steel, measured by materials costs: lined or unlined pipes and fittings, manhole covers and other municipal castings, hydrants, tanks, flanges, pipe clamps and restraints, valves, structural steel, reinforced precast concrete, and ferrous construction materials. (2)"steel" means an alloy that includes at least 50 percent iron, between .02 and 2 percent carbon, and may include other elements. (b) Domestic preference. (1)This award term and condition requires that all iron and steel products used for a project for the construction, alteration, maintenance or repair of a public water system or treatment work are produced in the United States except as provided in paragraph (b)(2)of this section and condition. "Produced in the United States means all manufacturing processes, beginning with initial melting, must occur in the United States. (2)This requirement shall not apply in any case or category of cases in which the Administrator of the Environmental Protection Agency finds that— (i)applying the requirement would be inconsistent with the public interest; CG-02J97501 -0 Page 15 (ii) iron and steel products are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality; or (iii) inclusion of iron and steel products produced in the United States will increase the cost of the overall project by more than 25 percent. (3)The Build America, Buy America (BABA)Act requirements do not supersede the AIS requirements, and both provisions still apply and work in conjunction. Compliance with AIS requirements meets the BABA requirements for iron and steel. (c) Request for a Waiver under(b)(2)of this section (1)Any recipient request to use foreign iron or steel products in accordance with paragraph (b)(2)of this section shall include adequate information for federal Government evaluation of the request, including— (i)A description of the foreign and domestic iron and/or steel, ; (ii) Unit of measure; (iii) Quantity; (iv) Cost; (v)Time of delivery or availability; (vi) Location of the project; (vii) Name and address of the proposed supplier; and (viii)A detailed justification of the reason for use of foreign iron or steel products cited in accordance with paragraph (b)(2)of this section. (2) If the Administrator receives a request for a waiver under this section, the waiver request shall be made available to the public for at least 15 days prior to making a finding based on the request. (3) Unless the Administrator issues a waiver of this term, use of foreign iron and steel products is noncompliant with Section 608 of the Clean Water Act and Section 1452(a)(4)of the Safe Drinking Water Act. (d) This term and condition shall be applied in a manner consistent with United States obligations under international agreements. J. Build America, Buy America Act(BABA) This term and condition supplements the"Build America, Buy America"term and condition included in EPA's General Terms and Conditions. (a) Definitions. As used in this award term and condition— (1)"Build America, Buy America Preference" means the "domestic content procurement preference" set forth in section 70914 of the Build America, Buy America Act, which requires the head of each Federal agency to ensure that none of the funds made available for a Federal award for an infrastructure project may be obligated unless all of the iron, steel, manufactured products, and construction materials incorporated into the project are produced in the CG-02J97501 -0 Page 16 United States. (2)"Infrastructure" encompasses public infrastructure projects in the United States, which includes, at a minimum, the structures, facilities, and equipment for roads, highways, and bridges; public transportation; dams, ports, harbors, and other maritime facilities; intercity passenger and freight railroads; freight and intermodal facilities; airports; water systems, including drinking water and wastewater systems; electrical transmission facilities and systems; utilities; broadband infrastructure; and buildings and real property; and structures, facilities, and equipment that generate, transport, and distribute energy including electric vehicle (EV) charging. (3) "Infrastructure Project" means any activity related to the construction, alteration, maintenance, or repair of infrastructure in the United States regardless of whether infrastructure is the primary purpose of the project. (b) Domestic Preference. This term and condition implements the Infrastructure Investment and Jobs Act, Pub. L. No. 117-58, including Build America, Buy America Act, Pub. L. No. 117-58, §§70901-52. None of the funds provided under this award may be used for a project for infrastructure unless: (1) all iron and steel used in the project are produced in the United States--this means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States; (2) all manufactured products used in the project are produced in the United States—this means the manufactured product was manufactured in the United States; and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard that meets or exceeds this standard has been established under applicable law or regulation for determining the minimum amount of domestic content of the manufactured product; and (3)all construction materials are manufactured in the United States. All manufacturing processes for the construction material occurred in the United States. Construction materials includes an article, material, or supply—other than an item of primarily iron or steel; a manufactured product; cement and cementitious materials; aggregates such as stone, sand, or gravel; or aggregate binding agents or additives—that is or consists primarily of: • non-ferrous metals; • plastic and polymer-based products (including polyvinylchloride, composite building materials, and polymers used in fiber optic cables); •fiber optic cable (including drop cable); • optical fiber; • glass (including optic glass); • lumber; • drywall; and • engineered wood. (4)The Build America, Buy America preference only applies to articles, materials, and supplies that are consumed in, incorporated into, or affixed to an infrastructure project. As such, it does not apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the construction site and removed at or before the completion of the infrastructure project. Nor does a Buy America preference apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment, that are used at or within the finished infrastructure project but are not an integral part of the structure or permanently affixed to the infrastructure project. CG-02J97501 -0 Page 17 (c)Waiver Request. (1)When necessary, recipients may apply for a waiver from these requirements. (2)A request to waive the application of the domestic content procurement preference must be in writing and submitted following the waiver instructions at https://www.epa.gov/cwsrf/build-america-buy-america-baba. (3)Waiver requests are subject to public comment for at least 15 days prior to making a finding based on the request. (4)Waiver requests are subject to review by the Office of Management and Budget's Made in America Office. (5)There may be instances where an award qualifies, in whole or in part, for an existing waiver described at https: //www.epa.gov/cwsrf/build-america-buy-america-baba-approved-waivers. (6)The U.S. Environmental Protection Agency may grant a waiver based upon one of the exceptions as established in Section 70914(b)of the Infrastructure Investment and Jobs Act and further described in the Office of Management and Budget Memorandum M-24-02-. (7)Any recipient waiver request to use foreign iron, steel, manufactured products, and/or construction materials in an infrastructure project shall include adequate information for the Federal Government evaluation of the request, including— i. The Federal Award Identification Number(FAIN); ii. Location and description of the project; iii. Total cost of infrastructure expenditures, including federal and non-federal funds; iv. List of iron or steel item(s), manufactured products, and construction material(s) proposed to be excepted from Buy America requirements, including name, cost, country(ies)of origin (if known), relevant Product Services Code (PSC) and North American Industry Classification System (NAICS)code for each, unit of measure, quantity, time of delivery or availability, and name and address of the proposed supplier; v. Project schedule including earliest targeted installation dates of items requested to be waived; vi. A detailed justification of the reason for use of foreign iron, steel, manufactured products, and/or construction materials; vii. Recipient's Unique Entity Identifier(UEI); vii. Anticipated impact if no waiver is issued; and viii. A certification that the federal official or assistance recipient made a good faith effort to solicit bids for domestic products supported by terms included in requests for proposals, contracts, and nonproprietary communications with the prime contractor. (8) Unless a waiver applies, use of foreign iron, steel, manufactured products, and/or construction materials that are consumed in, incorporated into, or affixed to an infrastructure project is noncompliant with this term and condition pursuant to the Infrastructure Investment and Jobs Act, Pub. L. No. 117-58, including Build America, Buy America Act, Pub. L. No. 117-58 §§70901-52. (d)Waiver Evidence Submission. (1)The recipient must maintain documentation of any use of materials which are considered de minimis and are covered by an existing waiver (e.g. miscellaneous, generally low-cost products that are essential for construction and CG-02J97501 -0 Page 18 are incorporated into the physical structure of the project)with grant project files for a period of three years from the date of submission of the final expenditure report, in accordance with 2 CFR 200.334. (2) If the recipient seeks coverage under an existing general applicability BABA waiver, the recipient agrees to submit available evidence to the EPA Project Officer to support such a determination as identified in the BABA waiver. The recipient shall maintain this evidence with grant project files for a period of three years from the date of submission of the final expenditure report, in accordance with 2 CFR 200.334. K. Environmental Review In accordance with the requirements of the National Environmental Policy Act, EPA has issued a categorical exclusion for this project in accordance with provisions in 40 CFR Part 6. If EPA determines that a categorical exclusion is not appropriate for this project, the recipient agrees to submit information necessary for EPA to prepare an Environmental Assessment and issue a Finding of No Significant Impact. If the scope of the project changes, the recipient understands that additional environmental review may be necessary. L. Davis-Bacon Labor Standards 1. Program Applicability a. Program Name: Community Grants Program b. Statutes requiring compliance with Davis-Bacon: • Consolidated Appropriations Act, 2022 (P.L. 117-103); • Consolidated Appropriations Act, 2023 (P.L. 117-328); and • Consolidated Appropriations Act, 2024 (P.L. 118-42) c. Activities subject to Davis-Bacon: • For Community Grants Projects that are inclusive of CWSRF-eligible activities: Treatment works constructed in whole or in part with assistance made available by the FY 2022, FY 2023, and/or FY 2024 Consolidated Appropriations Acts discussed in section b. • For Community Grants Projects that are inclusive of DWSRF-eligible activities: Any construction project carried out in whole or part with assistance made available by the FY 2022, FY 2023, and/or FY 2024 Consolidated Appropriations Acts discussed in section b. d. The recipient must work with the appropriate authorities to determine wage classifications for the specific project(s)or activities subject to Davis Bacon under this grant(or cooperative agreement). 2. Davis-Bacon and Related Acts Davis-Bacon and Related Acts (DBRA) is a collection of labor standards provisions administered by the Department of Labor, that are applicable to grants involving construction. These labor standards include the: • Davis-Bacon Act, which requires payment of prevailing wage rates for laborers and mechanics on construction contracts of$2,000 or more; . Copeland "Anti-Kickback"Act, which prohibits a contractor or subcontractor from inducing an employee into giving up any part of the compensation to which he or she is entitled; and . Contract Work Hours and Safety Standards Act, which requires overtime wages to be paid for over 40 hours of work per week, under contracts in excess of$100,000 CG-02J97501 -0 Page 19 3. Recipient Responsibilities When Entering Into and Managing Contracts: a. Solicitation and Contract Requirements: i. Include the Correct Wage Determinations in Bid Solicitations and Contracts: Recipients are responsible for complying with the procedures provided in 29 CFR 1.6 when soliciting bids and awarding contracts. ii. Include DBRA Requirements in All Contracts: Include the following text on all contracts under this grant: "By accepting this contract, the contractor acknowledges and agrees to the terms provided in the • Requirements for Contractors and Subcontractors Under EPA Grants." b. After Award of Contract: i.Approve and Submit Requests for Additional Wages Rates: Work with contractors to request additional wage rates if required for contracts under this grant, as provided in 29 CFR 5.5(a)(1)(iii) ii. Provide Oversight ofContractors to Ensure Compliance with DBRA Provisions: Ensure contractor compliance with the terms of the contract, as required by 29 CFR 5.6. 4. Recipient Responsibilities When Establishing and Managing Additional Subawards: a. Include DBRA Requirements in All Subawards (including Loans): Include the following text on all subawards under this grant: "By accepting this award, the EPA subrecipient acknowledges and agrees to the terms and conditions provided in the DBRA Requirements for EPA Subrecipients." b. Provide Oversight to Ensure Compliance with DBRA Provisions: Recipients are responsible for oversight of subrecipients and must ensure subrecipients comply with the requirements in :'_9 CFR5.r, 5. The contract clauses set forth in this Term & Condition, along with the correct wage determinations, will be considered to be a part of every prime contract covered by Davis-Bacon and Related Acts (see 29 CFR 5.1), and will be effective by operation of law, whether or not they are included or incorporated by reference into such contract, unless the Department of Labor grants a variance, tolerance, or exemption. Where the clauses and applicable wage determinations are effective by operation of law under this paragraph, the prime contractor must be compensated for any resulting increase in wages in accordance with applicable law. M. Geospatial Data Standards All geospatial data created must be consistent with Federal Geographic Data Committee (FGDC) endorsed standards. Information on these standards may be found at www.fgdc.gov. N. Sites, Easements, and Rights-of-Way The recipient must submit a written legal opinion from a licensed attorney in the State where the real property is located (i.e., a title opinion)that the necessary sites, easements, and/or rights-of-way have been obtained and that they are free of any restrictions or encumbrances that might restrict their use for the purpose intended to be carried out under the assistance agreement. The opinion shall address: • the title examination conducted; • the validity of the form and substance of the legal instruments creating the sites, easements, and/or rights-of-way for the purposes intended; • whether the legal instruments adequately confer upon the recipient the necessary sites, easements, and/or rights-of- CG-02J97501 -0 Page 20 way to carry out the project for the purposes intended; and whether the legal instruments have been properly recorded in the appropriate public land records of each county, town, district, province, etc. in which any of the land affected thereby is situated. The recipient must submit the opinion to EPA no later than the time at which the recipient requests approval to award contracts where sites, easements, or rights-of-way are involved, or as soon as practicable thereafter if a contract has been executed or performance under the contract has begun. O. Operation and Maintenance The recipient agrees that that it will properly operate and maintain all facilities that are partially or wholly funded by this grant for the useful life of the facilities as described below. Useful Life Timeframes • Land - Permanent •Wastewater/Water Conveyance Structures: collection systems, pipes, interceptors, force mains, tunnels, distribution lines, etc. -40 years • Other Structures: plant buildings, concrete tankage, basins, lift stations and pump station structures, inlet structures, etc. - 30 years •Wastewater and Drinking Water Process Equipment- 15 years •Auxiliary Equipment- 10 years END OF DOCUMENT