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HomeMy WebLinkAbout156-04 RESOLUTION• • 1 RESOLUTION NO. 156-04 A RESOLUTION AUTHORIZING THE MAYOR TO APPLY FOR AND ACCEPT A STATE AND TRIBAL ASSISTANCE GRANT (STAG) FROM THE U. S. ENVIRONMENTAL PROTECTION AGENCY FOR SANITARY SEWER SYSTEM IMPROVEMENTS; DESIGNATING THE MAYOR AS THE CITY'S AUTHORIZED REPRESENTATIVE IN ALL MATTERS RELATING TO THE PROCUREMENT AND ADMINISTRATION OF SAID GRANT; AND APPROVING A BUDGET ADJUSTMENT RECOGNIZING $1,060,500.00 IN GRANT REVENUE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby authorizes the Mayor to apply for and accept a State and Tribal Assistance Grant (STAG) from the U. S. Environmental Protection Agency for sanitary sewer system improvements. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby designates the Mayor as the City's Authorized Representative in all matters relating to the procurement and administration of said grant. Section 3. That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment recognizing $1,060,500.00 in grant revenue. PASSED and APPROVED this 5th day of October 2004. ATTEST: ...`.R1VTR'..,,� o Cf:t1Y'O. 3`G% • •A Cj' :FAYETTEVILLE: 3 By WARN t'ISY: Gas., ''/tTuOg aite`�.? By: 011/0'/Y)'u,(.t-' SONDRA SMITH, City Clerk Version 7/03 APPLICATION FOR FEDERAL ASSISTANCE 2. DATE SUBMITTED Applicant Identifier 1. TYPE OF SUBMISSION: Application Pre -application 3. DATE RECEIVED BY STATE State Application Identifier X • Construction Non -Construction X ❑ Construction Non -Construction 4. DATE RECEIVED BY FEDERAL AGENCY Federal Identifier 5. APPLICANT INFORMATION Legal Name: Organizational Unit: City of Fayetteville Department: Water and Wastewater Department Organizational DUNS: Division: Water and Sewer Operations Division Address: 113 West Mountain Street Name and telephone number of person to be contacted on matters involving this application (give area code) Street: 113 West Mountain Street Prefix: Mr. First Name: Greg City: Fayetteville Middle Name: County: Washington Last Name: Boettcher State: Arkansas (AR) Zip Code: 72701 Suffix: Country: USA Email: gboettcher(a)ci.fayetteville.ar.us 6. EMPLOYER IDENTIFICATION NUMBER (EIN): 71-6018462 Phone Number (give area code) (479) 575-8330 Fax Number (give area code) (479) 575-8257 8. TYPE OF APPLICATION: X New ■ Continuation • If Revision, enter appropriate letter(s) in box(es) (See back of form for description of letters.) Revision 7. TYPE OF APPLICANT: (See back of form for Application Types) C (Municipal Govemment) Other (specify) Other ( specify) 9. NAME OF FEDERAL AGENCY: 11 S. Environmental Protection Agency 10 CATALOG OF FEDERAL DOMESTIC ASSISTANCE NUMBER: 66-606 TITLE (Name of P ro Pin): State and Tribal Assistance Grants Account 11. DESCRIPTIVE TITLE OF APPLICANT S PROJECT: Sanitary Sewer Rehabilitation Project (EPA STAG Grant FY 2003/FY2004) for Basins 1(1, 2, 3, 4, 5, 11) and Minisystem Basins W (2, 27). Project includes variety of cost-effective sanitary sewer system rehabilitation activities including slip lining, cured -in-place liners, replacement and other methods as determined during final design. The project is predicted to include over 15,000 feet of sanitary sewer lines and appurtenances. 12. AREAS AFFECTED BY PROJECT (Cities, Counties, States, etc): City of Fayetteville, Arkansas (Farming on, Greenland Elkins) 13. PROPOSED PROJECT 14. CONGRESSIONAL DISTRICTS OF: Start Date: July 2004 Ending Date: August 2005 a. Applicant .3 b. Project 3 15. ESTIMATED FUNDING: (Combined Grants from FY 2003/FY2004) 16.1S APPLICATION SUBJECT TO REVIEW BY STATE EXECUTIVE ORDER 12372 PROCESS? Yes a Federal S 1,060,500 a. Yes X 11115 PREAPPLICATION/APPLICATION WAS MADE b. Applicant S 2,089,695 AVAILABLE TO THE STATE EXECUTIVE ORDER 12372 PROCESS FOR c. State f REVIEW 014 d. Local $ DATE: e. Other S b. No • 0 REVIEW PROGRAM IS NOT COVERED BY E. 0. 12372 OR PROGRAM HAS NOT BEEN SELECTED BY STATE FOR f. Program Income S 17.15 THE APPLICANT DELINQUENT ON ANY FEDERAL DEBT? g. TOTAL S 3,150,195 ■ Yes If"Yes" attach an explanation. X No 18. TO THE BEST OF DOCUMENT HAS BEEN ATTACHED ASSURANCES MY KNOWLEDGE AND BELIEF, ALL DATA IN THIS APPLICAT1ON/PREAPPLICATION ARE TRUE AND CORRECT.- TFIE DULY AUTHORIZED BY THE GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WITH THE IF THE ASSISTANCE 1S AWARDED. a Authorized Representative Prefix Mayor First Name Dan Middle Name Last Name Coody Suffix b. Title . - Mayor of Fayetteville/ c. Telephone Number (give area code) (479) 575-8330 d. Signature of Autho , ��� to � /I e. Date Sin / 5/0 / Previous Edition U Authorized for Local Reproduction tandard Form 4"24 (Kcv. 9 - Prescribed by OMB Circular A-IO2 v E PA United States Environmental Protection Agency Washington, D.C. EPA Project Control Number Certification Regarding Debarment, Suspension, and Other Responsibility Matters The prospective participant certifies to the best of its knowledge and belief that it and its principals: (a) (b) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; Have not within a three year period preceding this proposal been convicted of or had a civil judgement rendered against them for commission of fraud or a criminal offense in connection with obtaining. attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement. theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal. State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default. I understand that a false statement on this certification may be grounds for rejection of this proposal or termination of the award. In addition, under 18 USC Sec. 1001, a false statement may result in a fine of up to 510,000 or imprisonment for up to 5 years, or both. Mayor Dan Coody, Mayor of Fayetteville, Arkansas Typed Name & Titl Q Author.. d Representative Signature of Authorized Representativ 1 am unable to certify to the above statements. My explanation is attached. EPA Form 5700-49(11-88) Date We/0i • • EPA Project Control Number CERTIFICATION REGARDING LOBBYING CERTIFICATION FOR CON IRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. • (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all sub -awards at all tiers (including sub -contracts, sub -grants, and contracts under grants, loans, and cooperative agreements) and that all sub -recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352 , title 31 U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Ma or Dan aad Ma or of Fa etteville Arkansas Typed Nam d Representative _24044_ Dat Signature of Authorized ntative A 410PA Washington, DC 20460 Preaward Compliance Review Report for All Applicants Requesting Federal Financial Assistance FORM Approved OMB No. 2090-0014 Expires: 4-30-99 Note: Read Instructions before completing form. 1. A. Applicant (Name, City, State) City of Fayetteville, Arkansas B. Recipient (Name, City, State) City of Fayetteville, Arkansas C. EPA Project No. 11. Brief description of proposed project, program or activity. Sanitary sewer rehabilitation project for Basins 1 (1,2,3,4,5,11) and Minisystem Basins W (2,27). Project includes variety system rehabilitation activities including slip lining, cured -in-place liners, replacement determined during final design. The project is predicted to include over 15,000 feet appurtenances. (EPA STAG FY2003/FY2004) of cost-effective sanitary sewer and other methods as of sanitary sewer lines and 111. Are any civil rights lawsuits or complaints pending against applicant and/or recipient? If yes, list those complaints and the disposition of each complaint. 0 Yes t No IV. Have any civil rights compliance reviews of the applicant and/or recipient been conducted by any Federal agency during the two years prior to this application for activities which would receive EPA assistance? If yes, list those compliance reviews and status of each review. D Yes NNo V. Is any other Federal financial assistance being applied for or is any other Federal financial assistance being applied to any portion of this project program or activity? If yes, list the other Federal Agency(s), describe the associated work and the dollar amount of assistance. 0 Yes 6 No VI. If entire community under the applicant's plan, give reasons why. The project prioritization. This multi-year minimizes each customers jurisdiction is not served under the existing facilities/services, or will not be sery d under the proposed is part of an ongoing program that targets areas based upon ranking and continuing program benefits all customers by reducing backups and overflows plus user charges by reducing their charges for treatment of the excess wastewater flows. VH. Population Characteristics Number of People 1. A. Population of Entire Service Area 58,047 B. Minority Population of Entire Service Area 7,836 2. A. Population Currently Being Served 57,176 B. Minority Population Currently Being Served 7,718 3. A. Population to be Served by Project, Program or Activity 57,716 B. Minority Population to be Served by Project, Program or Activity 7,718 4. A. Population to Remain Without Service 871 B. Minority Population to Remain With Service 118 VIII. Will all new facilities or alterations to existing facilities financed by these funds be designed and constructed to be readily accessible to and usable by handicapped persons? If no, explain how a regulatory exception (40 CFR 7.70) applies. X Yes 0 No IX. Give the schedule for future projects, programs or activities (or of future plans), by which services will be provided to all beneficiaries within applicant's jurisdiction. If there is no schedule, explain why. Small isolated remote areas of the city do not currently have central sewer service. Development, growth and utility extensions will continue to reduce the portions of the population • that are unserved. All new residential developments in Fayetteville are served by central sanitary sewer service. X. 1 certify the statements 1 have made on this form and all attachments thereto are true, accurate and complete. 1 acknowledge that any knowingly false or mis • mg stateme • ay be punishable by fine or imprisonment or both under applicable law. A. Si:utho:. dM.. ,ir 'iMC..r ,' B. Tide of Authorized Official of Fayetteville, Arkansas C. Date /G / Q . ayor For the U.S. Environmental Protection Agency Approvedill" Authorized EPA Official Date • Disapproved EPA Fonn 4700-4 (Rev. 1/90) Previous editions arc obsolete. • • QUALITY MANAGEMENT PLAN x This program/project does not involve environmentally related measurements nor data generation; therefore, a Quality Management Plan is not required pursuant to the above referenced assistance regulations. This program/project involves environmentally related measurements or data generation; therefore, a Quality Management Plan which meets the requirements of: 40 CFR 30.54 for universities and non-profit organizations is attached or has been forwarded to the EPA Project Officer. 40 CFR 31.45 for State and local governments is attached or has been forwarded to the EPA Project Officer. Date orized Representative /441 City of Fayetteville, Arkansas Budget Adjustment Form • Budget Year 2004 Department: Water & Wastewater Division: Water & Sewer Maintenance Program: Sewer Mains Construction Dale Requested 10/5/2004 Adjustment Number Project or Item Requested: $1,060,500 is requested in the Sewer improvements account of the Sanitary Sewer Rehabilitation - EPA Rehab Grant Project. Project or Item Deleted: None. To recognize revenue of $1,060,500 in the Federal grants account. Justification of this Increase: Funding is needed will be used for sanitary sewer rehabilitation including slip linings, cured -in-place liners, replacement, and other methods. Justification of this Decrease: A grant was received from the Environmental Protection Agency for the purpose of sanitary sewer rehabilitation. Increase Budget (Decrease Revenue) Account Name Account Number Amount Project Number Sewer improvements 5400 5700 5815 00 1,060,500 02017 0401 Decrease Budget (Increase Revenue) Account Name Account Number Amount Project Number Federal grants. 5400 0940 4309 00 1,060,500 020/ 7 0 `1-v / Approval Signatures Budget Office Use Only Type: A B C Requested : y Date 9-1 udget Manager Date Department Director Date Aw 1 ices Finance & InteDi tor /O Date /O Mayor Date Date of Approval Posted to General Ledger Posted to Project Accounting Entered in Category Log Initial Date Initial Date Initial Date Initial Date NAME OF FILE: CROSS REFERENC Item # Date Resolution No. 156-04 w/grant application & budget adjustment Document • 1 09/15/04 memo to mayor & City Council 2 draft resolution 3 Letter of Transmittal - RJN Group 4 copy of application package 5 Exhibit A Project Location Map 6 draft resolution 7 project work plan 8 budget information g copy of project map 10 copy of letter EPA Region 6 11 summary of rehabiliation 12 copy of location map 5 13 copy of overall location map 14 copy of location map 1 15 copy of location map 2 16 copy of location map 3 17 copy of location map 4 18 Staff Review Form 19 Res. 156-04 with wrong date 20 copy of signed application package 21 memo to Greg Boettcher 22 copy of preliminary plat • ye eti�i le • /of is fop /56v� ` ri//x/5/t4. City Council Meeting of October 5, 2004 CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru: Hugh Earnest From: Greg Boettcher b Chief Administrative Officer Water/Wastewater Director Date: September 15, 2004 Subject: Resolution authorizing Mayor to execute State and Tribal Assistance Grant (STAG) Program Application with the Environmental Protection Agency (EPA) and to serve as the Fayetteville's designated representative relating to sanitary sewer rehabilitation improvements. RECOMMENDATION Fayetteville City Administration recommends approval of a resolution authorizing the Mayor to file the EPA STAG grant, execute all required documents, furnish required information and act as the city's designated representative for grant administration. BACKGROUND Fayetteville has been the recipient of $1,100,000.00 in EPA Grant Assistance from the State and Tribal Assistance Program, notificaiton of the awards being made on June 10, 2003 and May 17, 2004 (copies of EPA correspondence attached). The combined EPA grant funding is proposed to be leveraged with the city's ongoing sewer rehabilitation funding to accelerate the local program. The EPA grant provides a maximum of 55% of the costs with 45% being the required local match. On June 15, 2004, a contract with RJN Group was approved for the project's planning/design/bidding phase services. DISCUSSION Consultant efforts on the grant application, the environmental clearances and the design have proceeded concurrently. Attached are copies of the grant application forms and the categorical exclusion report that address the funding and environmental needs of the project. The project approach utilizes parallel work planes to expedite the completion time for the project. BUDGET IMPACT This project is a budgeted activity with the Fayetteville budget containing $2,753,627.90 in unencumbered funds for sanitary sewer rehabilitation, which will be combined with the net EPA Grant proceeds of $1,060,500.00 to create an adequate project budget of $3,814,127.90 Odor • • RESOLUTION NO. A RESOLUTION AUTHORIZING THE MAYOR TO APPLY FOR AND ACCEPT A STATE AND TRIBAL ASSISTANCE GRANT (STAG) FROM THE U S ENVIRONMENTAL PROTECTION AGENCY FOR SANITARY SEWER SYSTEM IMPROVEMENTS; DESIGNATING THE MAYOR AS THE CITY'S AUTHORIZED REPRESENTATIVE IN ALL MATTERS RELATING TO THE PROCUREMENT AND ADMINISTRATION OF SAID GRANT; AND APPROVING A BUDGET ADJUSTMENT RECOGNIZING $1,060,500.00 IN GRANT REVENUE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby authorizes the Mayor to apply for and accept a State and Tribal Assistance Grant (STAG) from the U. S. Environmental Protection Agency for sanitary sewer system improvements. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby designates the Mayor as the City's Authorized Representative in all matters relating to the procurement and administration of said grant. Section 3. That the City Council of the City of Fayetteville, Arka�nsa hereby approves a budget adjustment recognizing $1,060,590,0,0y-tr'i :grant 4 revenue. PASSED and APPROVED this 5th day of October 2004. /APPROVED:: ATTES N COOD , Mayor By: I l SONDRA SMITH, ty/Clerk 1 Letter of Transmittal IRECEIVED SEP 0 3 2004 RUN Group, Inc. 12160 Abrams Road, Suite 400 Dallas, Texas 75243 (972) 437-4300 TO: Mr. Greg Boettcher, P.E. Water and Wastewater Director City of Fayetteville 113 West Mountain Street Fayetteville, AR 72701 CITY OF FAYETTEVILLE MAYOR'S OFHVt Date: 9/2/2004 Job No. 18-1959-00 Attention: Mr. Greg Boettcher, P.E. Reason: EPA forms Description 2 9/2/04 We are sending you ❑ Attached r Under Separate Cover Via El Shop Drawings r Prints C Plans 0 Samples Copy of Letter C Report G Change Order Gam' Other Next Day ithe following items. I: Specifications Copies Date No. Description 2 9/2/04 Application Package These are Transmitted as checked below: ❑ For Approval G For your Use ❑ As Requested • Approved as ✓ Approved as ✓ Returned for Corrections E For Review and Comment fJ FOR BIDS DUE 20 CJ Resubmit r Submit r Return Copies for Approval Copies for Distribution Corrected Prints Returned After Loan to Us r Remarks Copy to: File 18-1959-00 Signed: Hugh Kelso APPLICATION PACKAGE SUBMITTAL CHECKLIST X SF 424, 424A, 424C including object class categories worksheet and Key Contacts Form. X SF 424D Assurances - Construction Programs Clearinghouse Comments. X Certification Regarding Debarment, Suspension and Other Responsibility Matters. X Anti -Lobbying Recipient Certification must be completed and returned if you are requesting $100,000 or more in Federal funds. Please retain the Disclosure of Lobbying Activities" form for your use in reporting lobbying activities during the project period of the assistance award. NIA Current indirect cost rate negotiation agreement, if applicable. X Compliance Report - EPA Form 4700-4 X Quality Management Plan statement. If your project/program involves environmentally related measurements or data generation, a Quality Management Plan is required. X Workplan - prepared in accordance with instructions provided by your EPA Project Officer. NIA SF 3881 - ACH Vendor/Miscellaneous Payment Enrollment N/A Superfund specific requirements MAIL THE ORIGINAL AND ONE COPY OF YOUR COMPLETED APPLICATION TO: • Procurement and Grants Section (6MD-RP) Environmental Protection Agency 1445 Ross Ave., Suite 1200 Dallas TX 75202-2733 • INSTRUCTIONS FOR THE SF -424 Public reporting burden for this collection of information is estimated to average 45 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0043), Washington, DC 20503. PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET, SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. This is a standard form used by applicants as a required face sheet for pre -applications and applications submitted for Federal assistance. It will be used by Federal agencies to obtain applicant certification that States which have established a review and comment procedure in response to Executive Order 12372 and have selected the program to be included in their process, have been given an opportunity to review the applicant's submission. Item Entry- Item. Entry. 1. Select Type of Submission. 11. Enter a brief descriptive title of the project. If more than one program is involved, you should append an explanation on a separate sheet. if appropriate (e.g., construction or real property projects), attach a map showing project location. For prcapplications, use a separate sheet to provide a summary description of this project. 2. Date application submitted to Federal agency (or State if applicable) and applicant's control number (if applicable) 12. List only the largest political entities affected (e.g., State, counties, cities). 3. State use only (if applicable). 13. Enter the proposed start date and end date of the project. 4. Enter Date Received by Federal Agency Federal identifier number: If this application is a continuation or revision to an existing award, enter the present Federal Identifier number. If for a new project, leave blank. 14. List the applicant's Congressional District and any District(s) affected by the program or project 5. Enter legal name of applicant, name of primary organizational unit (including division, if applicable), which will undertake the assistance activity, enter the organization's DUNS number (received from Dun and Bradstreet), enter the complete address of the applicant (including country), and name, telephone number, e-mail and fax of the person to contact on matters related to this application. 15. Amount requested or to be contributed during the first f inding/budget period by each contributor. Value of in kind contributions should be included on appropriate lines as applicable. If the action will result in a dollar change to an existing award, indicate only the amount of the change. For decreases, enclose the amounts in parentheses. If both basic and supplemental amounts are included, show breakdown on an attached sheet. For multiple program funding, use totals and show breakdown using same categories as item 15. 6. Enter Employer Identification Number (EIN) as assigned by the Internal Revenue Service. 16. Applicants should contact the State Single Point of Contact (SPOC) for Federal Executive Order 12372 to determine whether the application is subject to the State intergovernmental review process. 7. Select the appropriate letter in the space provided. 1. State Controlled A. State Institution of Higher B. County Learning C. Municipal J. Private University D. Township K. Indian Tribe E. Interstate L. Individual F. Intermunicipal M. Profit Organization G. Special District N. Other (Specify) H. independent School O. Not for Profit District Organization 17. This question applies to the applicant organization, not the person who signs as the authorized representative. Categories of debt include delinquent audit disallowances, loans and taxes. 8. Select the type from the following list: • "Ncw" means a new assistance award. - • "Continuation" means an extension for an additional funding/budget period for a project with a projected completion date. • `Revision" means any change in the Federal Government's financial obligation or contingent liability from an existing obligation. If a revision enter the appropriate letter. A increase Award B. Decrease Award C. Increase Duration D. Decrease Duration 18. To be signed by the authorized representative of the applicant. A copy of the governing body's authorization for you to sign this application as official representative must be on file in the applicant's office. (Certain Federal agencies may require that this authorization be submitted as part of the application.) 9. Name of Federal agency from which assistance is being requested with this application. 10. Use the Catalog of Federal Domestic Assistance number and title of the program under which assistance is requested. SF -424 (Rev. 7-97) Back OMB Approval No. 0348-0042 ASSURANCES - CONSTRUCTION PROGRAMS Public reporting burden for this collection of information is estimated to average 15 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0042), Washington, DC 20503. PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. NOTE: Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the Awarding Agency. Further certain Federal assistance awarding agencies may require applicants to certify to additional assurances. If such is the case, you will be notified. As the duly authorized representative of the applicant, I certify that the applicant: 1. Has the legal authority to apply for Federal assistance, and the institutional, managerial and financial capability (including funds sufficient to pay the non -Federal share of project costs) to ensure proper planning, management and completion of the project described in this application. 2. Will give the awarding agency, the Comptroller General of the United States and, if appropriate, the State, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the assistance; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. 3. Will not dispose of, modify the use of, or change the terms of the real property title, or other interest in the site and facilities without permission and instructions from the awarding agency. Will record the Federal interest in the title of real property in accordance with awarding agency directives and will include a covenant in the title of real property aquired in whole or in part with Federal assistance funds to assure non- discrimination during the useful life of the project. 4. Will comply with the requirements of the assistance awarding agency with regard to the drafting, review and approval of construction plans and specifications. 5. Will provide and maintain competent and adequate engineering supervision at the construction site to ensure that the complete work conforms with the approved plans and specifications and will furnish progress reports and such other information as may be required by the assistance awarding agency or State. 6. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. 7. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. Previous Edition Usable 8. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. §§4728-4763) relating to prescribed standards for merit systems for programs funded under one of the 19 statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F). 9. Will comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. §§4801 et seq.) which prohibits the use of lead-based paint in construction or rehabilitation of residence structures 10. Will comply with all Federal statutes relating to non- discrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§1681 1683 and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §794), which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. §§6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P1.. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§290 dd-3 and 290 ee 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (i) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and, 0) the requirements of any other nondiscrimination statute(s) which may apply to the application. Standard Form 424D (Rev. 7-97) Authorized for Local Reproduction Prescribed by OMB Circular A-102 • 11. Will comply, or has already complied, with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal and federally -assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. 12. Will comply with the provisions of the Hatch Act (5 U.S.C. §§1501-1508 and 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. 13. Will comply as applicable, with the provisions of the Davis - Bacon Act (40 U.S.C. §§276a to 276a-7), the Copeland Act (40 U.S.C. §276c and 18 U.S.C. §874). and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§327- 333) regarding labor standards for federally -assisted construction subagreements. 14. Will comply with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. 15. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the • National Environmental Policy Act of 1969 (P.L. 91- 190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 et seq.); (f) conformity of Federal actions to State (Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93-523); and, (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93-205). 16. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. 17. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. §470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. §§469a-1 et seq.). • 18. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and OMB Circular No. A-133, "Audits of States, Local Governments, and Non -Profit Organizations." 19. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations, and policies governing this program. SIGNATURE OF ORIZED G RTIFYING OFFICIAL APPLICANT ORGANIZATION City of Fayetteville, Arkansas TITLE Mayor of Fayetteville, Arkansas DATE SUBMITTED September 2, 2004 SF -424D (Rev. 7-97) Back &EPA KEY CONTACTS FORM Form Approved () No:2030-0020 Approval Expires 12/3/02 Authorized Representative: Original awards acrid amendments will be sent to this individual for review and acceptance, unless otherwise indicated. Name: Mayor Dan Coody Title: Mayor of Fayetteville Complete Address. 113 West Mountain Street Fayetteville, Arkansas 72701 Phone Number: (479) 575 8330 Payee: Individual authorized to accept payments. Name: Steve Davis, Title: Financial and Administrative Services Director Mail Address: 113 West Mountain Street Fayetteville, Arkansas 72701 Phone Number (479) 575-8302 Administrative Contact: Individual from Sponsored Program Office to contact concerning administrative matters (i.e., indirect cost rate computation, rebudgeting requests etc) Name: Greg Boettcher Title: Water and Wastewater Director Mailing Address: 113 West Mountain Street Fayetteville, Arkansas 72701 Phone Number: FAX Number: E -Mail Address: (479) 575-8330 (479)575-8257 gboettcherQct.fayetteville.ar.us Principal Investigator: Individual responsible for the technical completion of the proposed work. Name. RJN Group, Inc. -Hugh Kelso -Engineering Consultant Title: Regional Vice President Mailing Address: 12160 Abrams Road, Ste 400 Dallas, Texas 75243 Phone Number: (972) 437-4300 FAX Number: (972) 437-2707 E -Mail Address: hkelso@rjn.com Web URL: EPA Form 5700-54 (Rev 4-02) • RESOLUTION NO. A RESOLUTION STATING THE CITY OF FAYETTEVILLE'S INTENT TO SEEK FUNDING THROUGH THE ENVIRONMENTAL PROTECTION AGENCY'S STATE AND TRIBAL ASSISTANCE GRANTS PROGRAM FOR SANITARY SEWER SYSTEM IMPROVEMENTS AND AUTHORIZING THE MAYOR TO PURSUE FUNDING AND EXECUTE APPLICATIONS AS THE CITY'S DESIGNATED REPRESENTATIVE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the Mayor of Fayetteville, Arkansas is authorized to prepare and submit documents which are necessary in applying for funding and establishing an administrative organization to implement activities pursuant to a Special Appropriations Project as funded by the Environmental Protection Agency through its State and Tribal Assistance Program. PASSED and APPROVED this 7'h day of September, 2004 APPROVED: By: DAN COODY, Mayor ATTEST: By: SONDRA SMITH, City Clerk • 1 • PROJECT WORK PLAN Project Title: Sanitary Sewer Rehabilitation in Basins 11-I5,111,112, 116,118, W-2, and W-27 Name of Applicant: City of Fayetteville, Arkansas Project Need: The objective of the project is to complete sanitary sewer rehabilitation to reduce Infiltration/Inflow, reduce maintenance problems and provide better service to customers, and reduce the occurrence of sanitary sewer overflows. Project Description and Activities: The Project will include the complete replacement of approximately 14,000 linear feet of sanitary sewer and point repairs at approximately 42 locations. The activities funded by this grant will only include the construction related activities and will not include planning, engineering, inspection activities, etc. The general location of the project area is shown on Exhibit A. Project Environmental Benefits: Project Schedule: The primary environmental benefit of this project will be to reduce sewer backups and the occurrence of sanitary sewer overflows. All of the sewer repairs that will be completed in this project are upstream of known backup or overflow locations. Repair of these sewers will reduce or eliminate the occurrence of sewerage backups into private residences and businesses and also reduce the occurrence of discharge of raw sewerage from overflowing manholes in the project area. The design of the improvements is currently underway utilizing non -grant funding. The construction phase of the project, which will be funded by this grant, is expected to be initiated in early to mid 2005 and be completed by mid 2006. Project Budget: See attached Form 424C. el9act) 1.10i11P3 anoIrid • • 15. Project (program) income $ .00 $ .00 $ 3,150,195 .00 16. TOTAL PROJECT COSTS (subtract #15 from #14) $ 3,793,185 .00 $ 0.00 $ FEDERAL FUNDING 14. SUBTOTAL 13. Contingencies 0 m O r , cc oNi % 11. Miscellaneous 10. Equipment 9. Construction 8. Demolition and removal 7. Site work 16. Project inspection fees 5. Other architectural and engineering fees 4. Architectural and engineering fees W m g o 2 g 6 m a mel .. kg 0 12. Land, structures, rights-of-way, appraisals, etc. ri O. 3 a a) °A 0 = i O 1 T I O 2 ' OMB Approval No. 0348-004� BUDGET INFORMATION - Construction Programs . NoTF Certain Federal assistance oroorams require additional computations to arrive at tM Federal sham of project costs eligible for participation. If such is the case, you will be notified. a s $ 286,381 .00 $ 3,506,804 .00 4, Z 5:_. o M Z D o $ 2,863,814 .00 N Z D o b Z D g $ 200,000 .00 $ N/A .00 $ 226,000 .00 H Z D o N o N N O CI s m ti O R H O S M 0 N 0 0 N S H S 0 H S (A 0 !R fR N 0 0 O 0 0 N $ 226,000 .00 fM O M pO O $ 15,000 .00 b. Costs Not Allowable for Participation 4, $ 286,381 .00 V1 !q Q NI $ 2,863,814 .00 N 1R N /A M (M $ .00 $ .00 0 0 aI m V O v9 o 6