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Biopasteurization and Ultraviolet Disinfection - $1,258,800 XP-98545301 -0 Page 1 ASSISTANCE ID NO. sos't;q a* U.S. ENVIRONMENTAL PRG DOC ID AMEND# DATE OF AWARD ariti PROTECTION AGENCY XP - 98545301 - 0 DEC 2 3 2002 TYPE OF ACTION MAILING DATE � 1 a New j i- ; `< 1 '7 g / Grant Agreement PAYMENT METHOD: 'ACH#r ' 4E 13s01 ASAP RECIPIENT TYPE: Send Payment Request to: Municipal Comptroller Branch,MF-10J 77 West Jackson Blvd. Chicago, Illinois 60604 RECIPIENT: PAYEE: City of Carmel City of Carmel One Civic Square One Civic Square Carmel, IN 46032 Carmel, IN 46032 EIN: 35-6000972 PROJECT MANAGER ' EPA PROJECT OFFICER EPA GRANT SPECIALIST John Duffy Irene Cook Sheila Clark One Civic Square Water Division Assistance Section,MC-10J Carmel,IN 46032 WS-15J E-Mail: Clark.Sheila @epa.gov E-Mail: E-Mail: Cook.lrene @epa.gov Phone:312-353-1418 Phone:317-571-2451 Phone:312-886-1823 PROJECT TITLE AND DESCRIPTION PROJECT-BIOPASTEURIZATION AND ULTRAVIOLET DISINFECTION To assist the Town of Carmel, Indiana in construction of improvements at the wastewater treatment plant(WWPT)to develop Class A biosolid. The purpose of this construction project is to develop Class A biosolids with beneficial reuse in an urban area and utilize ultraviolet disinfection in lieu of chlorine gas. The process will entail pasteurizing the biosolids before;anaerobic digestion. Following digestion the City will dewater the biosolids and make it available for the general public or to commercial soil blending companies. The City of Carmel currently disinfects its wastewater by the use of chlorine gas. In order to reduce the negative effects to the river from chlorination,the plant must also dechlorinate the flow by utilizing sulfur dioxide gas. To eliminate the possibility of an injury from both gasses in this major metropolitan location,the City of Carmel has selected the use of ultraviolet light for purposes of disinfection. BUDGET PERIOD PROJECT PERIOD TOTAL BUDGET PERIOD COST TOTAL PROJECT PERIOD COST 01/01/2001 - 06/30/2005 01/01/2001 - 06/30/2005 $4,485,500.00 $4,485,500.00 NOTE: The Agreement must be completed in duplicate and the Original returned to the appropriate Grants Management Office listed below, within 3 calendar weeks after receipt or within any extension of time as may be granted by EPA. Receipt of a written refusal or failure to return the properly executed document within the prescribed time,may result in the withdrawal of the offer by the Agency. Any change to the Agreement by the Recipient subsequent to the document being signed by the EPA Award Official,which the Award Official determines to materially alter the Agreement,shall void the Agreement. OFFER AND ACCEPTANCE The United States,acting by and through the U.S.Environmental Protection Agency(EPA),hereby offers Assistance/Amendment to the City of Carmel for 28.08 %of all approved costs incurred up to and not exceeding $1,258,800 for the support of approved budget period effort described in application(including all application modifications)cited in the Project Title and Description above,signed 07/16/2002 included herein by reference. ISSUING OFFICE(GRANTS MANAGEMENT OFFICE) AWARD APPROVAL OFFICE ORGANIZATION/ADDRESS ORGANIZATION/ADDRESS U.S.EPA Region 5 U.S.EPA,Region 5 Mail Code MCG10J Water Division 77 West Jackson Blvd. 77 West Jackson Blvd. Chicago,IL 60.14-3507 Chicago, IL 60604-3507 i UNITED STATES OF.-' • RICA BY THE U.S.ENVIRONMENTAL PROTECTION AGENCY SIGNAT E� ARD O u .,V •.ED NAME AND TITLE 1/51V---TE r,� `b l,14 .. .nn Traub, Director,Water Division d ` OL This agreement is subject to a( plicable ..Environmental Protection Agency statutory provisions and assistance regulations. In accepting this award or ame ment an• any payments made pursuant thereto,(1)the undersigned represents that he is duly authorized to act on behalf of the recipient organization,and(2)the recipient agrees(a)that the award is subject to the applicable provisions of 40 CFR Chapter 1,Subchapter B and of the provisions of this agreement(and all attachments),and(b)that acceptance of any payments constitutes an agreement by the payee that the amounts,if any found by EPA to have been overpaid will be refunded or credited in full to EPA. BY AND ON BEHALF OF THE DESIGNATED RECIPIENT ORGANIZATION SIGNATU-` L - TYPED NAME AND TITLE DATE , f John Duffy,Utility Manager `/ t I EPA Funding Information XP-98545301 -0 Page 2 FUNDS FORMER AWARD THIS ACTION AMENDED TOTAL EPA Amount This Action $ $1,258,800 $ 1,258,800 EPA In-Kind Amount $ $ $ p Unexpended Prior Year Balance $ $ $0 Other Federal Funds $ $ $0 Recipient Contribution $ $3,223,700 $3,223,700 State Contribution $ $ $0 Local Contribution $ $ $0 Other Contribution $ $ $0 Allowable Project Cost $0 $4,482,500 $4,482,500 Assistance Program(CFDA) Statutory Authority Regulatory Authority 66.606-Surveys-Studies-Investigations-Spec! Appropriations Act of 2002(PL 107-73) 40 CFR PART 31 Consolidated Approp.Act for FY2001 (P.L. 106-554) Fiscal Site Name DCN FY Approp. Budget PRC Object Site/Project Cost Obligation/ Code Organization Class Organization Deobligation PWX008 03 E4C 0500A8K 20301B 41.83 - - 1,258,800 1,258,800 { v XP-98545301 -0 Page 3 Budget Summary Page Table A-Object Class Category Total Approved Allowable (Non-construction) Budget Period Cost 1.Personnel $0 2.Fringe Benefits $0 3.Travel $0 4.Equipment $2,355,000 5.Supplies $0 6.Contractual $0 7.Construction $1,720,000 8.Other $407,500 9.Total Direct Charges $4,482,500 10. Indirect Costs: 0.00% Base $0. 11.Total(Share: Recipient 71.92% Federal 28.08%.) $4,482,500 12.Total Approved Assistance Amount $1,258,800 13.Program Income $0 XP-98545301 -0 Page 4 Administrative Conditions THE TECHNICAL CONTACT FOR THIS GRANT IS GENE WOJCIK AT (312)886-0174. 1. LOBBYING AND LITIGATION In accordance with OMB Circular A-21, A-87, or A-122, as appropriate, the recipient agrees that it will not use project funds, including the Federal and non-Federal share, to engage in lobbying the Federal Government or in litigation against the United States. The recipient also agrees to provide the EPA Form 5700-53, Lobbying and Litigation Certificate as mandated by EPA's annual appropriations act. A chief executive officer of any entity receiving funds under this Act shall certify that none of these funds have been used to engage in the lobbying of the Federal Government or in litigation against the United States unless authorized under existing law. The certification must be submitted in accordance with the instructions provided by the EPA award official and is due 90 days after the end of the project period. 2. PAYMENT METHOD In order to comply with the Debt Collection Improvement Act of 1996, the recipient must complete and return the attached Automated Standard Application for Payments (ASAP)system (OAF Form 5-15-01) with the signed Assistance Agreement. 3. MBE/WBE In accordance with EPA's Program for Utilization of Small, Minority and Women's Business Enterprises in procurement under assistance programs, the recipient agrees to: a) Accept the applicable FY 2002 "fair share" goals negotiated with EPA by the Indiana Department of Environmental Management as follows: Combined Rate: MBE 5% WBE 5% If the recipient does not want to rely on applicable State's MBE/WBE goals, the recipient agrees to submit proposed MBE/WBE goals based on availability of qualified minority and women-owned businesses to do work in relevant market for construction, services, supplies and equipment. "Fair share" objectives must be submitted to the MBE/WBE Coordinator, within 30 days of award and approved by EPA no later than 30 days thereafter. b) Ensure to the fullest extent possible that at least the FY 2002 "fair share"objective [see a) above] of Federal funds for prime contractors or subcontracts for supplies, construction, equipment or services are made available to organizations owned or controlled by socially and economically disadvantaged individuals,women and historically black colleges and universities. c) Include in bid documents"fair share" objectives of 2002 fair share percentage [see a) above] and require all of its contractors to include in their bid documents for subcontracts the negotiated fair share percentages. d) Follow the six affirmative steps stated in 40 CFR 31.36(e). e) For assistance awards for continuing environmental programs and assistance awards with institutions of higher education, hospitals and other non-profit organizations, submit an EPA Form 5700-52A, "MBE/WBE Utilization Under Federal Grants, Cooperative Agreements and Interagency Agreements" to the EPA Award Official by October 30 of each year. Other program reports must be submitted to the award official within 30 days of the end of each Federal fiscal quarter(January 30, April 30, July 30, and October 30). f) In the event race and/or gender neutral efforts prove to be inadequate to achieve a fair share objective for MBE/WBEs, the recipient agrees to notify EPA in advance of any race and/or gender conscious action it plans to take to more closely achieve the fair share objective. S • g) Until the recipient has completed its fair share negotiations with EPA, it agrees to maintain state Agency's fair share objectives. Once the recipient has completed its fair share negotiations with EPA, it will apply those objectives. The recipient also agrees to include in its bid documents the applicable FY 2002"fair share"objectives and require all of its prime contractors to include in their bid documents for subcontracts the applicable FY 2002 "fair share" percentages and to comply with paragraphs (c)through (e) above. 4. PRE-AWARD COST Upon completion of an EPA review of your request for pre-award cost, a determination has been made that the expenditures comply with the cost principle and definition of pre-award cost under A-87 and are justified as allocable to the project. Hence, these cost will be included as an allowable expenditures under this assistance agreement. The recipient may be reimbursed pre-award cost incurred prior to the budget and project periods of the award provided that: 1) Pre-award cost are incurred after the start of the fiscal year for which the funds were appropriated for and/or, 2) Pre-award cost for facilities planning or design work associated with the construction portion of the project for which the assistance agreement was awarded. Such cost will be allowable provided that these cost were included in the recipient's application; and that the application in its entirety is approved by the EPA program office and the EPA Award Official. However, if for any reason the amount of the award is less than anticipated, EPA is under no obligation to reimburse you for these cost. You incur these cost at your own risk. 5. PROCUREMENT OF RECYCLED PRODUCTS Any State agency or agency of a political subdivision of a State which is using appropriated Federal funds shall comply with Section 6002 of the Resource Conservation and Recovery Act(RCRA) (42 U.S.C. 6962). RCRA Section 6002 requires that preference be given in procurement programs to the purchase of specific products containing recycled materials identified in guidelines developed by the Environmental Protection Agency(EPA). Current guidelines are contained in 40 CFR 247-254. State and local recipients and subrecipients of grants, loans, cooperative agreements or other instruments funded by appropriated Federal funds shall give preference in procurement programs to the purchase of recycled products pursuant to the EPA guidelines. 6. RECYCLED PAPER Pursuant to EPA Order 1000.25, dated January 24, 1990, the recipient agrees to use recycled paper for all reports which are prepared as a part of this agreement and delivered to the Agency. This requirement does not apply to reports which are prepared on forms supplied by EPA. This requirement applies even when the cost of recycled paper is higher than that of virgin paper. 7. SMALL BUSINESS IN RURAL AREAS By accepting this agreement, the recipient agrees to comply with Section 129 of Public Law 100-590, the Small Business Administration Reauthorization and Amendment Act of 1988. Therefore, if the recipient awards a contract under this assistance agreement, it will utilize the following affirmative steps relative to Small Business in Rural Areas (SBRAs): a. Placing SBRAs on solicitation lists; b. Ensuring that SBRAs are solicited whenever they are potential sources; c. Dividing total requirements when economically feasible, into small tasks or quantities to permit maximum participation by SBRAs; d. Establishing delivery schedules, where the requirements of work will permit, which would encourage participation by SBRAs; e. Using the services of the Small Business Administration and the Minority Business Development Agency of the U.S. Department of Commerce, as appropriate; and f. Requiring the contractor, if it awards subcontracts, to take the affirmative steps in subparagraphs a. through e. of this condition. b Y � Programmatic Conditions 1. REPORTING Technical progress reports will be submitted to U.S. EPA on a semi-annual basis. Financial status reports are to be submitted annually. A final financial status report and final technical progress report will be submitted 90 days after the expiration of the budget and project periods. THIS AWARD IS IN RESPONSE TO AND CONSISTENT WITH THE BUDGET REFLECTED IN THE RECIPIENT'S APPLICATION DATED JULY 16, 2002.