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HomeMy WebLinkAbout117-84 RESOLUTION• sc RESOLUTION NO. 117-84 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN ASSISTANCE AGREEMENT WITH THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY FOR PHASE 1 OF STEP 3 IN THE CITY'S WASTEWATER TREATMENT SYSTEM IMPROVEMENT PROTECT. BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS• That the City Manager is hereby authorized and directed to execute an Assistance Agreement with the United States Environmental Protection Agency for Phase 1 of Step 3 in the City's Wastewater Treatment Improvement Project. A copy of the Assistance Agreement authorized for execution hereby is attached hereto marked Exhibit "A" and made a part hereof. PASSED AND APPROVED this znd day of ,� rid ,{•. %..i- f. 41`i . Sf.-.: I J b. i • •,46 t COL/WO 11 • -AITtST: ..r i• • • • October APPROVED: , 1984. 1' M ..PA Form 5700-20A (Ray. 5-82) Replaces previous editions and EPA Forms 5700-1A, 8, C, and D, oil of which are obsolete. -, • PART , U.S. ENVIRONMENTAL PROTECTION AGENCY EPA ASSISTANCE AGREEMENT/AMENDMENT I • ASSISTANCE NOTIFICATION INFORMATION 1. ASSISTANCE ID NO. C-050366-11-0 2. LOG NUMBER SIX -C-148 3. DATE OF AWARD 9-21-84 4. (' MAILING DATE 9-21x84 5. AGREEMENT TYPE 6. PAYMENT METHOD ❑ Advance ReImbiireomont ❑ I otter of Credit Cooperative Agreement X 64 • Gront'Agreement Send Payment Request To: ADPC&E 7. TYPE OF ACTION Continuation Assistance Amendment I RECIPIENT ORGANIZATION 8. Post EIN RECIPIENT City of Fayetteville Office Drawer "F" Fayetteville, Arkansas 72702 NO. CONGRESSThDIM MT AL DiMT N/A 1 03 9. PAYEE City of Fayetteville Post Office Drawer "F" Fayetteville, Arkansas 72702 (501) 521-7700 10. RECIPIENT TYPE City 11 .Post PROJECT Donald Fayetteville, (501) MANAGER L Office 521-7700 AND TELEPHONE NO. Grimes, City Manager Drawer "F" Arkansas 72702 12. CONSULTANT (WWT Construction Grants Only) CH2M Hill Southeast, Inc. 807 S. McDonough Street Montgomery, Alabama 36104 (904) 377-2442 and, (See block 22) PA CONTACT 13. ISSUING OFFICE (City/State) Dallas, Texas 14. EPA Ted Department Post Little (501) PROJECT/STATE OFFICER AND TELEPHONE Ivy;"Project Engineer - of Pollution Control Office Box 9583 Rock, Arkansas 72219 562-7444 NO. Arkansas & Ecology 15. EPA CONGRESSIONAL Pat Gaskins LIAISON & TEL. (202j 382-5184 NO. 16. STATE APPL ID (Clearinghouse) AR 840518-056 17. FIELD OF SCIENCE N/A 18. PROJECT Only) STEP(IWWT CG 3 19. STATUTORY AUTHORITY P.L. 97-117, 33 USC 1251 et seq. 20. REGULATORY AUTHORITY 40 CFR Ch. 1, Parts 30, 33 and 35 21. STEP 2+3 & STEP 3 (WWT Construction Only) a. Treatment Level 6 8 b. ProjectType• ILT c. Treatment Process 6 d. Sludge Design 6 22. PROJECT TITLE AND DESCRIPTION Phase 1 of 'a of wastewater management system consisting of wastewater treatment system and sludge land Innovative Technology. *McClelland College Ave., P.O. Box 1229, Fays.tte'4J1A, Ark Step collection application Consulting 3 project 72709, for building system improvements, system. Alternative Engineers, Inc., (;01) &413-41971 and erection advanced and 1810 North 23 PROJECT LO CATION (Areas Impacted by Project) City/Place Fayetteville 6reenlan Flkins Farmington, County - Washington State AR Congressional District 03 24. ASSISTANCE PROGRAM(CFDA Program No. & Title) 66.419 25. PROJECT PERIOD 09/84 - 12/88 26. BUDGET 09/84 PERIOD - 12/88 27. COMMUNITY POPULATION (WWT CG Only); 70L 000 28. TOTAL BUDGET PERIOD COST N/A 29. TOTAL $101251,004.00 PROJECT PERIOD COST FUNDS FORMER AWARD THIS ACTION AMENDED TOTAL 30. EPA Amount This Action N/A $7,900,000.00 N/A 31. EPA In -Kind Amount N/A N/A N/A 32. Unexpended Prior Year Balance N/A N/A N/A 33 Other Federal Funds N/A N/A N/A 34. Recipient Contrlbutlon N/A $2,351,004.00 N/A 35. State Contrlbutlon MJA PI/A N/A 38. Local Contrlbutlon N/A N/A N/A 37. Other Contribution N/A N/A N/A 38. Allowable Project Con N/A $10.251,004.00 N/A -I a 8 T M Program Element FY Appropriation Doc. Control No. SEE Account Number ATTACHED SHEET Object Class Obligation/Mobilo. Amount ..PA Form 5700-20A (Ray. 5-82) Replaces previous editions and EPA Forms 5700-1A, 8, C, and D, oil of which are obsolete. City of Fayetteville Program Element N/ A N/A N/A N/A N/ A N/A N/A N/ A N/A FY Appropriation 78 79 80 81 82 83 83 84 84 68X0103 .A 68X0103 .B 68X0103 .0 68X0103 .D 68X0103 .E 68X0103 .F 68X0103 .F 68X0103 .G 68X0103 .G Document Control No. A00001 A00001 A00001 A00004 A00001 A00007 A00001 A00001 A00007 C-050366-11-0 Object Obligation/Deobliq. Account Number Class Amount MGHQ061001 MGHP061001 MGHNO61001 MGDJ061001 MGHH061001 MGKA061001 MGKC061001 4GLC061001 4GLD061001 41.11 $ 560,995.00 (REG) 41.11 $1,009,733.00 (REG) 41.11 $1,711,893.00 (REG) 41.11 $1,081,182.00 (REG) 41.11 $1,076,602.00 (REG) 41.11 $2,247,848.00 (REG) 41.11 $ 48,879.00 (INN) 41.11 $ 73,209.00 (INN) 41.11 $ 89,659.00 (ALT) • Page la of 14 PJ1.RT It -APPROVED BUDGET ASSISTANCE IDENTIFICATION NO C-050366-11-0 TABLE A - OBJECT CLASS CATEGORY (Non -construction) TOTAL APP OPED ALOD OWABLE OST 1. PERSONNEL 2. FRINGE BENEFITS 3. TRAVEL 4. EQUIPMENT 5. SUPPLIES 6. CONTRACTUAL ' 7. CONSTRUCTION 8. OTHER 9. TOTAL DIRECT CHARGES 10. INDIRECT COSTS: RATE % BASE 11. TOTAL (Share: Recipient. %. Federal SO 12. TOTAL APPROVED ASSISTANCE AMOUNT $ TABLE 8 - PROGRAM ELEMENT CLASSIFICATION (Non -construction) 1. ALLOWABLE ALLOWANCE 2. A 3. Total allowable building cost (estimated) = $7,694,303.00 4' Land costs 781,200.00 5. Total $8,475,503.00 6. 7. Percentage extrapolated from 40 CFR 35, Subpart I, 8. Appendix B, Table 2 = 5.0012 9. 10. Allowable Allowance = $8,475,503.00 x 0.050012 $ 423,877.00 I1. 12. TOTAL (Share: Recipient % Federal %) 13. TOTAL APPROVED ASSISTANCE AMOUNT $ TABLE C - PROGRAM ELEMENT CLASSIFICATION (Construction) 1. ADMINISTRATION EXPENSE $ 53,492.00 * 2.PRA4filiy4.0/16( 0A4// Design Allowance From Table B 423,877.00 3. LAND STRUCTURES. RIGHT-OF-WAY 781,200.00 4. ARCHITECTURAL ENGINEERING BASIC FEES (Bid Phase) 19,953.00 5. OTHER ARCHITECTURAL ENGINEERING FEES 6. PROJECT INSPECTION FEES 565,204.00 7. LAtp/q ftt¢fl94fT/// 0 & M Manual 43,073.00 8.RE4Af/IM/Efrfrfr$%9%'// Plan of Operation 2,952.00 9. RELOCATION PAYMENTS TO INDIVIDUALS AND BUSINESSES 10. DEMOLITION ANO REMOVAL 11. CONSTRUCTION AND PROJECT IMPROVEMENT 7,694,303.00 12. EQUIPMENT 13. MIA M6JW// Project Performance 48,29/.UU 14. TOTAL (Linea 1 thru 13) 9,632,351.00 15. ESTIMATED INCOME (11 appl/cabte) 16. NET PROJECT AMOUNT (Line 14 minua IS) 17 LESS: INELIGIBLE EXCLUSIONS 18, ADO: CONTINGENCIES. ' 618,653.00 19. TOTAL (Share: Recipient 22.9k . Federal 77.07%) $ 10,251,004.00 SEE ATTACHED BREAKDOWN 20. TOTAL APPROVED ASSISTANCE AMOUNT $ 7,900,000.00 EPA Form 5700-20A (Rev. 8-79) *Eligible costs must be documente 'alt 14 • CG -399.(R12/1/83) C-050366-11-0 PROJECT NO. PROJECT NAME 0 O J E C CO W 0 Q J 1 W v SMALL COMMUNITY (SC) ae to X X X X X X X X N. X X X X X X 44 44 64 >C 44 ALTERNATIVE TECHNOLOGY 1 X X 00 00 0 O X0 00 0 O O 0 0 0 0 0 O X 0 • N - 0 c Y N- 0 E401 X T 0 0 CO O -4CO NCO T 0 t >c r) 0 N- n in c' O in X .0 O r-0 N X <D to I. to .0 Cl XT rI Ct T NX Xi D 0 X 44 4, 64 X 44 INNOVATIVE TECHNOLOGY 55,104.00 80,425.00_1 X X 00 I- 00 Cl Cl '• 0 a' • OXO W X b 0 IN- 01 .0 -0 r-- N t D DO 9 0 trat 0X0 D X V X 0 V V O O M O N- NJ V V 0 :V • -+ X: X --I 0 X .--I .-I 44 444 64 X 44 781,200.00 565,204.00 48,297.00 23,877.00 618,653.00 0 0 0 0 0 O 0 0 0 0 0 0 O 0 0 0 N Na M 0 .0 .0 M M C In 0 .0r 0bav ;V K Q Cr 'h 01 CI M01 N O M /� r XJ D b '-I .n V J .n l C, tO V N •0 .0 0 • v C 44 ^ 44 444,444 TOTAL ELIGIBLE PROJECT COSTS 781,200.00 4,303.00 43,073.00 $ 10,251,004.001 X X X X 0 O O 0 0 O O X X X X O O 0 0 O X X X X O X X X X N N I. n X X X X M V M C In O !n Ct n to X X X X 01 N Cr 01 N CO t • X X X X X X X X M Cr) f N W CO CO XXX X C. Ln 4-44.0 C cr N XXX X .--I XXX X LC t.0 n Cr la X X X X X X X X X X X 64 XXX ,C X COST CLASSIFICATION (Administrative Costs * Lana Project Inspection Fees 1 Construction (Equipment * laintenance Manual Performance Relocation Design Allowance TOTAL FEDERAL SHARE TOTAL ASSISIANCE�CMOUNF LESS ADVANCE TOTAL ASSISTANCE AMOUNT y N 40 .0 0_ O cc C -- 0 'ees ♦-4 {i L Operation & M N >1 - N V (1) L� W G O w C O Project O C V C T eO C 4-4 c r N 01 •p C -1 CO 0 0 - - 4 424 4944 44 0 K Q c4 W cc cc 0 O 0 0 DO0 0 N N 4, 4, 64 O O 0 0 0 O O Cr) r- 40). 4, 4244 44 4, z 0 0 Q W V 441 • 4 Q C F- 411 N ,OJ > E > E - Y O h CD L Y c O V Q Z - C > > L .- J C 0 0 ID 1- Q O1CTO a! C4- .- EO W 5t••Q nH C-050366-11-0 PART III -AWARD CONDITIONS a. GENERAL CONDITIONS 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 I, Subpart B. The recipient warrants, represents, and agrees that it, and its contractors, subcontractors, employees and representatives, will comply with: (1) all applicable provisions of 40 CFR Chapter I, Subchapter B, INCLUDING BUT NOT LIMITED TO the provisions of Appendix A to 40 CFP Part 30, and (2) any special conditions set forth in this assistance agreement or any assistance amendment pursuant to 40 CFR 30.425. bSPECIAL CONDITIONS: (For cooperative agreements include identification or summarization of EPA responsibilities that reflect or contribute to substantial involvement.) 1. The Environmental Protection Agency (hereinafter referred to as EPA) in accor- dance with 40 CFR Part 30, Subpart C; 40 CFR Part 33; and 40 CFR Part 35, Subpart I, reviews, approves, and monitors all actions taken by the recipient during performance of this Assistance Agreement. EPA may immediately halt or terminate this agreement if the recipient fails to meet the requirements of the above regulations. In addition to the EPA General Grant Conditions, each treatment works assist- ance shall be subject to the conditions under 40 CFR 35.2202 through 35.2218, a copy of which is attached and hereby made a part of this Agreement (see Attachment A) . 2. No portion of this award may be used for lobbying or propaganda purposes as prohibited by 18 USC Section 1913 or Section 607(a) of PL 96-74. 3. The recipient agrees to take the affirmative steps shown in Attachment 0 to OMB Circular A-102 and 40 CFR 33.240 to assure that small, minority and women's businesses are used when possible as sources of supplies, construction and services. 4. The recipient agrees to abide by regulations 40 CFR Part 8 and 40 CFR Part 33, Subpart F, in regard to Equal Employment Opportunity. 5. Bid tabulation and supporting documents will be prepared and furnished to the Arkansas Department of Pollution Control and Ecology (hereinafter referred to as ADPC&E) within 30 days of bid opening. The bid holding period between bid opening and contract award will be no longer than 90 days, except where in conflict with State statutes. 6. The recipient agrees to complete the liquid treatment works as proposed in the facilities plan in order to meet the enforcement schedule as set out in USEPA Administrative Order, Docket No. VI 83-756, dated February 16, 1984, with or without EPA funds. The enforcement schedule is as follows: a. Construction will be started by January 1, 1985, with or without the assistance of grant funding. b. Construction will be completed by January 1, 1987. c. Operational level will be achieved by March 1, 1987. The recipient agrees to complete the collection system improvements and the sludge treatment and disposal works, as proposed in the facilities plan, with or without EPA funds. This work shall be completed by January 1, 1988. EPA Form 5700-20A (Rev. 9-79) Page 4 01.4 U.S. ENVIRONMENTAL PROTECTION AGENCY GRANT AGREEMENT AMENDMENT CONTINUATION SHEET GRANT NO. C-050366-11-0 7. This award is for Phase 1 of the treatment works construction project. The project is to be constructed in three phases, as identified in the attached CG -43, Proposed Construction Items, which is incorporated by reference herein. It is expressly understood that EPA participation in Phases 2 and 3 is depen- dent on future appropriations. 8. The recipient shall expeditiously initiate and complete the entire project in accordance with the following project schedule: TASK DATE (Monthser Phase 1 Grant Award) Advertise for Phase 1 Bids 1 Award of Phase 1 Contracts 4 Start of Phase 1 Construction 4 (No later than 1/1/85) First submittal of Operation and Maintenance Manual 22 Submit final Plan of Operation 22 Submit adopted or implemented SUO and UCS 32 Approval of Operation and Maintenance Manual 36 Completion of Construction (Total Treatment Works) 39 (No later than 1/1/88) Initiation of Operation (Total Treatment Works) 39 Certification of Project Performance 51 Nothing herein shall relieve the recipient of any requirements or deadlines imposed by the Administrative Order mentioned in Special Condition No. 6 above. 9. The construction contracts will encompass more than one phase of work with separate work orders issued on each phase. Costs incurred under an entire work order if issued prior to grant award for that phase will be ineligible. Any cost incurred as a result of delays in issuing work orders is ineligible. (See attached CG -43). 10. The recipient agrees to the special conditions recommended in Section IV, page 12, of the Summary of Findings on Advanced Wastewater Treatment Facilities Proposed for Fayetteville, Arkansas, prepared by EPA Advanced Treatment Task Force (dated May 23, 1984), quoted as follows: a. "The costs of the unjustified processes, if included in the project, are not allowable for Federal funding." b. "If the unjustified processes are deferred for future construction, they shall remain unallowable until they are found by the Administrator to be adequately justified by additional studies." Page of U.S. ENVIRONMENTAL PROTECTION AGENCY GRANT AGREEMENT AMENDMENT CONTINUATION SHEET GRANT NO. • C-050366-11-0 c. "The unjustified processes are not allowable for grant funding even though required to meet the requirements of a permit already issued or to be issued in the future." (Note: The unjustified processes are defined as the proposed tertiary filtration process, the proposed outfall pipeline and pump station to Mud Creek, the proposed pipeline and pump station to deliver the effluent to the land application site, and the flow augmentation system.) 11. If chlorination is the selected disinfection process, dechlorination and post - aeration must be included in the facility (Ref: Special Condition No. 34). 12. Any work performed, or costs incurred, outside the approved budget period will not be allowable for Federal participation unless the recipient has submitted a properly justified request for extension of the project period and received ADPC&E and EPA approval. 13. The design allowance allocated to the Phase 1 funding will be paid in accor- dance with 40 CFR 35.2300 and Appendix B to 40 CFR Part 35, Subpart I (see Attachment A to this Agreement). Payment for design allowance for subsequent phases will be contingent on future funding and eligible cost determinations. 14. The recipient will request payment monthly for allowable building costs, except for final payment, which will be requested within 60 days following final inspection. At no time shall such requests exceed the Federal share of the cost of construction incurred, plus the value of eligible materials on hand, less retainage. 15. No payment for engineering services will be made until a. negotiated engineering agreement has been approved by ADPC&E. The recipient agrees that the total project has been divided into program elements. Costs for engineering services for bid phase, construction inspec- tion, Plan of Operation, Operation and maintenance Manual, and project perfor- mance have been allocated to these elements throughout the three phases of the project. Phase 1 grant reimbursement for these engineering services will be made as follows: a. Bid Phase. Total Phase 1 amount after contract award for this phase. b. Construction Inspection Monthly reimbursement of Phase 1 amount based on percentage of Phase 1 construction completion. Page 6 of 14 U.S. ENVIRONMENTAL PROTECTION AGENCY GRANT AGREEMENT AMENDMENT CONTINUATION SHEET GRANT NO. C-050366-11-0 c. Plan of Operation. Total Phase 1 allocation after approval of final Plan of Operation. d. O&M Manual. 50% of Phase 1 allocation after draft submittal, and the remaining 50% after final O&M Manual approval. Payment for engineering services associated with the one year project perfor- mance period will be requested monthly and based on costs incurred. Final payment will be made upon submittal of Certification of Project Performance. 16. The recipient agrees that, prior to completion of more than 50% of the total treatment plant, a work plan will be submitted which satisfies the engineering performance requirements of Section 12 of PL 97-117, the Municipal Wastewater Treatment Construction Grant Amendments of 1981 and 40 CFR 35.2218 (see Attachment A); and that the engineering contract will be amended as necessary. 17. Prior to advertisement for bids, the recipient must demonstrate to the satis- faction of both ADPC&E and EPA that it possesses adequate supervisory cap- ability over the project through the following: a. Employment of a construction manager, approved by ADPC&E, to be respon- sible for coordinating the complete project; or evidence of adequate project management provided for in the subagreement for architectural/ engineering services. b. If employment of a construction manager by the City is chosen, a resume of the selected individual should be submitted to ADPC&E for approval prior to initiation of a contract for employment. c. Designation of a representative of the City to ensure communication between and coordinate duties of the construction manager and the A/E consultant. 18. The recipient agrees to provide ADPC&E with a schedule of projected quarterly outlays for each individual construction or A/E contract awarded under this Agreement. Information to be submitted for each contract is shown in Attach- ment B to this Agreement 19. Archeological Sites. If new sites are found during an intensive site survey now underway, interceptors will be rerouted to avoid them. If any previously unknown archeological resources are identified during construction, construction will be halted in that area and the recipient will inform EPA•immediately•of the discovery. EPA shall then proceed in accordance with the regulations of the Advisory Council of Historic Preservation (36 CFR Part 800) prior to taking any further actions which would affect the cultural resources. • Page 7 of 14 • U.S. ENVIRONMENTAL PROTECTION AGENCY GRANT AGREEMENT AMENDMENT CONTINUATION SHEET GRANT NO. C-050366-11-0 If there are changes in the facilities plan which involve new pipelines, transmission lines or other ancillary services in any area not previously intensely surveyed for archeological resources, the city will contract for a survey, with specifications for same approved by the State Historic Preser- vation Officer and EPA. 20. Endangered Species. If any threatened or endangered species are encountered during construction, work will cease and EPA will be notified in order that it can take measures in accordance with the Endangered Species Act of 1978, as amended. 21. Groundwater Monitoring. For the useful life of the project, the quality of the groundwater shall be monitored by the recipient (as directed by ADPC&E and EPA and in accordance with the EPA Process Design Manual, "Land Application of Municipal Sludge" (EPA -625/1-83-016, October 1983)) under the new effluent storage ponds, the sludge burial fields, the city sludge application site, and all privately owned sites. Sufficient advance monitoring shall be done to establish the existing background groundwater quality prior to initiation of sludge application generated by this project. Monitoring data shall be reported to, and as directed by, ADPC&E and EPA. Sampling and analytical methods, and location and construction of monitoring wells and lysimeters shall be in accordance with the hereinbefore cited EPA Process Design Manual. If changes in groundwater are found to adversely affect the quality, the recipient shall take timely and appropriate corrective action with the objective of restoring the groundwater quality, as directed by ADPC&E and EPA. The monitoring program shall be submitted to the ADPC&E and EPA for approval prior to initiation of operation. 22. During the construction period, all sludge generated by the existing treatment plant and the liquid portion of the new treatment plant must be disposed of in a manner that will meet Federal and State requirements. 23. Land Application of Sludge. The recipient shall, as directed by ADPC&E, monitor the sludge prior to application and crops and soil after application, in accordance with the hereinbefore cited EPA Process Design Manual, to assure compliance with 40 CFR Part 257. A soils and sludge monitoring program shall be approved by ADPC&E prior to initiation of operation. The recipient agrees to terminate the sludge application when any cumulative metal limit is reached, or when the groundwater quality has been adversely affected. Sludge application rates shall be limited to 150 pounds of net available nitrogen per acre per year, except on selected test areas as noted in the Facilities Plan, and otherwise in accordance with the EPA Process Design Manual hereinbefore cited. Page 8 of 14 U.S. ENVIRONMENTAL PROTECTION AGENCY GRANT AGREEMENT AMENDMENT CONTINUATION SHEET GRANT NO. C-050366-11-0 The recipient shall submit to the U. S. Soil Conservation Service and ADPC&E a sludge management plan that shall include sludge application rates and soil and crop management for all sites which will receive sludge from the project; and obtain approval of said plan from ADPC&E prior to initiation of operation. Sludge shall be applied to all sites on slopes in a manner depicted in the EPA Process Design Manual hereinbefore cited. The recipient must assure adequate disposal space for the life of the project. In the case of sludge application to private land, the recipient shall submit to ADPC&E for approval an agreement or contract that shall contain as a minimum the following: a. Length of time the landowner is willing to participate and sludge quantities the landowner is willing to;accept. b. Type of crops to be used on sludge application sites. c. Sludge characteristics the landowner will accept.. d. Agreement of the landowner to change crops to accommodate the sludge if necessary. e. Legal description or map of tracts of land that will be included in the sludge application program. f. Specific conditions under which the landowner agrees to accept the sludge. g. Agreement by landowner to engage in special procedures to adjust soils pH as necessary. Monitoring of the sludge prior to application and of the soil after sludge application shall be in accordance with the hereinbefore cited EPA Process Design Manual. Sludge and soil monitoring data shall be reported to ADPC&E, as directed. Samplings and analytical methods, as a minimum, shall be in accordance with the EPA Process Design Manual hereinbefore cited. The Sludge Management Record (CG -412) shall be completed with each submission of sampling data. 24. Sludge Distribution by Trucks. Measures as determined by ADPC&E will be taken to avoid spillage of digested sludge on roadways and adjacent property during truck transport to land application sites. 25. Discharge to Mud Creek. The recipient will implement a monitoring program at the discharge point to the unnamed tributary of Mud Creek, under the direction of ADPC&E and EPA, for assuring compliance with the NPDES and state -permits. 26. 404 Permit. The grant recipient will obtain appropriate Section 404 permits before construction begins. Page g of 14 U.S. ENVIRONMENTAL PROTECTION AGENCY GRANT AGREEMENT AMENDMENT CONTINUATION SHEET GRANT NO. C-050366-11-0 27. Public Information. A public information program shall be approved and monitored by ADPC&E to inform the public of the progress of the project during the construction phases. The program may utilize both the print and broadcast media and include such actions as press releases, feature articles, and talk shows. 28. The results of the flow monitoring before and after the "mini -rehabilitation" program on the existing sewer system, along with grantee recommendations for further rehabilitation efforts, must be submitted to ADPC&E for review/ approval by January 1, 1985. Further rehabilitation efforts on the existing system, as approved by ADPC&E, must be completed with or without Federal assistance, by January 1, 1988. 29. Floodplain Service Area Restriction. a. The recipient agrees that no wastewater generated by development lo in the 100 year floodplain, as delineated .6n the attached map, shal transported or treated by the project facilities for a period of 50 years. This restriction does not apply to development which by its nature, must be located on or adjacent to water (e.g., a marina) or existed (as defined by EPA Region 6 Construction Grants Floodplain lines, rev. January 12, 1982) prior to April 13, 1984. b. The recipient agrees to adopt and enforce suitable ordinances and implementing procedures for effective local administration of this plain service area restriction. On application of the recipient's governing body and after considering all relevant information on a posed development's effects on the natural functions and values of affected floodplain, the Regional Administrator may waive the servi area restriction in individual cases. cated 1 be which Guide - flood pro - the ce c. EPA and the recipient intend that this floodplain service area restriction benefit any person, organization, or entity possessing an interest in preservation of the natural environment in the 100 -year floodplain subject to the restriction. Any such beneficiary may seek enforcement of the restriction against the recipient or its successor in a court of competent jurisdiction if notice of intent to seek enforcement is first given the recipient, EPA Region 6, and ADPC&E, and none of said entities initiates corrective action within 90 days of receiving such notice. 30. The recipient agrees to submit to ADPC&E a completed EPA Form 6005-1 within 15 days after the end of each Federal fiscal quarter during which the recipient or its contractors award any subagreements to a minority or women's business for building and building -related services and supplies. 31. The recipient assures that the communities of Elkins, Farmington, and Greenland will submit to ADPC&E by October 1, 1984 formal resolutions adopting their acceptance as Designated Management Agencies for incorporation into the Arkansas Water Quality Management Plan. Page 10 of 14 U.S. ENVIRONMENTAL PROTECTION AGENCY GRANT AGREEMENT AMENDMENT CONTINUATION SHEET GRANT NO.' • C-050366-11-0 32. A complete set of as -built plans must be delivered to ADPC&E at the time of the final project closeout inspection. In addition, a certification from the engineer supplying these as -built plans which states the facilities were constructed in accordance with these plans will be required. 33. Before construction contract award, resumes for the resident engineer and inspectors must be submitted and approved by ADPC&E. 34. Prior to advertising for bids, a cost-effectiveness evaluation of disinfection processes must be approved as an addendum to the facility plan. The plans and specifications must be revised to include the selected process. The plans and specifications must also be revised to delineate the phases of the project. All revisions must be approved by ADPC&E. 35. The recipient agrees to comply with Title II and Title III of the Uniform Relocation Assistance and Real Property AcquiSition Act of 1970 (P.L. 91-646) and the implementing Regulations promulgated pursuant thereof. 36. The recipient agrees to acquire all necessary real property in a timely manner and submit to ADPC&E a Site Certificate, without exception, for the initial construction contract prior to contract award. 37. The recipient agrees to acquire all necessary real property interests for the sludge application site as delineated in the approved facility plan and. submit a Site Certificate, without exception, for that site no later than October 30, 1984. 38. The recipient agrees to acquire all necessary real property interests for additional construction contracts prior to contract award, and to submit to ADPC&E a Site Certificate, without exception, for each contract. 39 The recipient further agrees that any cost increases due to delays in obtaining property rights are the sole responsiblity of the recipient. 40. The recipient agrees to submit a Relocation Services Plan which includes an. inventory of relocation requirements and a cost analysis to the Regional Administrator of EPA and ADPC&E prior to the acquisition of any real property, and further agrees that no relocation activities will be undertaken prior to the approval of the plan by the Regional Administrator, Region 6, EPA, and ADPC&E. 41. The recipient agrees that for the useful life of the treatment works, a Class IV licensed chief operator will be retained to supervise overall plant opera- tion. The recipient further agrees that all operators for all aspects of the treatment works, except those in initial training, shall maintain a current operator's license as defined in ADPC&E Regulation No.3. Page 11 of 14 U.S. ENVIRONMENTAL PROTECTION AGENCY GRANT AGREEMENT AMENDMENT CONTINUATION SHEET GRANT NO. • C-050366-11-0 42. The recipient agrees to perform an on-site field evaluation of the proposed anaerobic/anoxic/oxic process to determine process sizing, operating parameters and/or identify process or process flow modifications, including sludge handling, which may be necessary for said facilities to fully comply with the final WPDES permit requirements. The on-site evaluation shall include, but may not be limited to, the following items: a. Determine the effects of internal recycle between the anoxic and oxic sections on the aeration detention time necessary for nitrification at various operating temperatures. b. Determine the effects of side stream. recycle from filter backwash, gravity thickener supernatant, dissolved air flotation supernatant, and effluent storage return flows on process sizing and operational capability. c. Determine the amount of chemical addition control on total sludge production, mixed flux, alkalinity reduction, nitrification and land application of sludge. and its effects for phosphorus liquor suspended solids, clarifiers capability, length of filter cycle, d. Determination of the optimum sludge retention time (SRT), food to micro- organism ratio (F/M), and hydraulic retention time (HRT) at critical temperatures and loading conditions. The field evaluation shall be undertaken for a minimum period of twelve (12) months after the approved equipment is brought on-line and acclimated to field conditions. Such study shall begin no later than January 1, 1985. Interim reports shall be prepared for the first three (3) months and first six (6) months of operation and submitted to EPA and ADPC&E for review and approval. A work plan for the accomplishment of the field evaluation shall be submitted to, per the schedule below, and approved by ADPC&E and EPA prior to the initiation of the field evaluation. An independent consultant expert in the field of biological nutrient removal shall be employed by the recipient for the duration of the field evaluation. The specific duties of the independent consultant shall be described in detail in the work plan, and shall include, but not be limited to, general oversight of the field evaluation and specific oversight of the associated quality control and quality assurance programs. A resume of the independent consultant selected shall be submitted to EPA and ADPC&E prior to his employ- ment and prior to the initiation of the field evaluation. Page 12 of 74 • 1r. U.S. ENVIRONMENTAL PROTECTION AGENCY • GRANT AGREEMENT AMENDMENT CONTINUATION SHEET GRANT NO. C-050366-11-0 The recipient recognizes that time is of the essence in the initiation and completion of the field survey and agrees to comply with the following schedule: a. b. c. d. e. f. 9. h. i. TASK Submission of draft work plan Approval of work plan Assemble equipment on-site Equipment on-line Begin on-site field survey Submit first interim report to EPA & ADPC&E Submit second interim report of EPA & ADPC&E Complete on-site evaluation Submit final report/recommendations to EPA and ADPC&E DATE October 1 November November December January 1 April 1, July 1, 1 December February 5, 1984 1, 1984 15, 1984 15, 1984 , 1985 1985 985 31, 1985 1, 1986 The recipient agrees to require from both the independent consultant and the prime A/E consultant separate interim and final reports to be submitted to the recipient, ADPC&E and EPA. • 43. The recipient agrees that upon the completion of an engineering estimate of the costs of the on-site field evaluation the facility plan will be amended to include these costs. 44. The recipient agrees that if upon completion of the on-site field evaluation it is determined by EPA and ADPC&E that modifications to the proposed facili- ties are necessary to assure full compliance with final NPDES permit require- ments, the modifications will be undertaken immediately regardless of the availability of federal assistance for the cost of the modifications. Page 13 of 14 C-050366-11-0 ASSISTANCE IDENTIFICATION NO b. SPECIAL CONDITIONS (Continued) i . , PART IV NOTE: The Agreement must be completed in duplicate and the Original returned to the Grants Administration Division for Headquarters awards and to the appropriate Grants Administrations Office for State and local awards 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 of America, actine by and through the U.S. Environmental Protection Agency (EPA), hereby offers assistance/amendment to the City of Fayettev i l l e for 77.O7A of all approved • RECIPIENT 0PkGrety costs incurred up to and not exceeding $ 7> I]�T�Or,D UJ,000U U ASSISTANCE AMOUNT for the support of approved budget period effort described in application (including all application modifications) City of Fayetteville,�Cr050366-11-0, April 30, E AND TITLE 1984 included herein by reference. ISSUING OFFICE (Grants Administration Office) AWARO APPROVAL OFFICE ORGANIZATION/ADDRESS ORGANIZATION/ADDRESS Environmental Protection Agency, Region 6 Environmental Protection Agency, Region 6 Construction Grants Branch (6W -G) InterFirst Two Building 1201 Elm Street 1201 Elm Street ---Dallas, Texas 75270 Dallas, Texas 75270 THE k UNITED S ATES OF AMERICA BY THE U.S. ENVIRONMENTAL PROTECTION AGENCY SIG ATU E AW RD 14 OFFI IAL TYPED NAME AND TITLE Dick Whittington, P .E. , D E �F ,A- i �,�, �.ti Regional Administrator owl-. Z I 19 81 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 (Parts I thru IV). 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 SIG RETYPED NAME AND TITLE DATE ,7�� Donald L. Grimes, City Manager lo/%i/ EPA Forel S100 -20A (Rev. 6-79) 14 PSAgi t -X4( CG -43(F) d7712/841, PROPOSED CONSTRUCTION ITEMS DATE PROJECT NAME: Fayetteville, Arkansas PROJECT NO. : C-050366-11-0 Minor variations within an item are to be expected and will not affect its eligibility. Any changes in the items, or substantial changes within an item, however, will be consiaerea ineligible unless reconsideration is specifically requested and approved by the State Agency and the U. S. Environmental Protection Agency. CONTRACT A - Treatment Plant CONTRACT C - Collection System Improvements CONTRACT B - Sludge Application DESCRIPTION OF ITEMS PHASE EST. COST OF CONSTRUCTION CONTRACT AND WORK ORDER EPA (%) ELIGIBLE 1. Influent lift station (new) 2. Primary clarifiers (new) 3. Administration Building (new) 4. Anaerobic/anoxic basins (new) 5. Secondary clarifiers (new) 6. Sludge storage reservoir (new) 7. Effluent storage reservoirs (new) 8. Recycle portion of effluent pump station (new) 9. Special foundations and site fill (new) 10. Land purchase (670 acres) 11. Sludge site monitoring wells (new) The remainaer of the listed items are not a part of this grant award and are provided to show EPA eligibility should further grant funas (if ana when appropriated) be made available to the City of Fayetteville. 12. Generator builaing with generator (new) 13. Oxic basins (new) 14. Filters (new) 15. Chlorination building (new) 16. Post Aeration building (new) 17. Renovation of sludge holding tank 18. Renovation of chemical fees system 19. Deferred Advanced Treatment portion of effluent pump station (new) *Eligibility determination is deferred **Ineligible for EPA participation 1 1 1 1 1 1 1 1 1 1 1 2 2 2 2 2 2 2 2 $762,397.00 $829,934.00 $393,126.00 $1,000,000.00 $1,699,068.00 $509,608.00 $1,170,419.00 $249,504.00 $985,247.00 $781,200.00 $95,000.00 $85,121.00 $3,054,462.00 $3,092,222.00 $134,402.00 $250,884.00 $22,986.00 $9,528.00 $249,504.00 A-1 A-1 A-1 A-1 A-1 A-1 A-1 A-1 A-1 N/A A-1 A-2 A-2 A-2 A-2 A-2 A-2 A-2 A-2 75% 75% 75% 85% 75% 75% 75% 75% 75% 85% 85% 75% 85% 0% 75% 75% 75% 75% 0% • • 0G43(17)",.. (Continuation Page) PROJECT NAME: Fayetteville, Arkansas PROJECT NO. : C-050366-11-0 DESCRIPTION OF ITEMS PHASE EST. COST OF CONSTRUCTION CONTRACT AND WORK ORDER EPA (%) ELIGIBLE 20. Sludge site portion of effluent pump station 21. Equipment storage building 22. Dechlorination facilities (new) 23. Effluent main to sludge site (new) 24. Flow augmentation (new) 25. One new pump station and renovation of four existing pump stations 26. Conversion of four force mains to gravity lines 27. Five new interceptors 28. One new force main 29. Four segments of existing line reroute 30. Conversion of existing clarifiers and aeration basins to digesters and sludge holding tanks 31. Digested sludge pump station (new) 32. Sludge main to application site (new) 33. Sludge force main and distribution system (new) 34. Effluent force main and distribution system on sludge site (new) 35. Operation building, access roads, drainage structures, sludge transfer facility, loading station, haybarns, fencing, and chemical storage builainq and application vehicles (new) 36. Sludge site preparation 37. Sludge site management (crop establish- ment and harvesting vehicles) 38. Relocation (sludge site) 39. Force main and outfall to Mud Creek (new) *Eligibility determination is deferred **Ineligible for EPA participation 2 2 2 2 2 2 2 2 2 2 3 3 3 3 3 3 3 3 3 3 $249,504.00 $200,000.00 $817,000.00 $295,027.00 $98,230.00 $1,199,063.00 ' $29,761.00 $2,446,366.00 $360,467.00 $26,519.00 $581,290.00 $311,365.00 $129,664.00 $425,466.00 $582,682.00 $525,654.00 $475,578.00 $134,928.00 $22,800.00 $631,619.00 A-2 A-2 A-2 A-2 A-2 C-1 C-1 C-1 C-1 C-1 A-3 A-3 A-3 8-1 B-1 B-1 N/A C-2 0% 0% 75% 0% 0%** 75% 75% 75% 75% 75% 75% 85% 85% 85% 0% * 0% 85% 0% * 85% 0% Page 2 of 2