HomeMy WebLinkAbout025278 - General - Contract - U.S. Environmental Protection Agency (EPA)' CiTY SECRETARY
CONTRACT NO. .����g
Page 1 of 7
U.S. ENVIRONMENTAL PROTECTION AGENCY 1. ASSISTANCE ID NO. 2. LOG NUMBER �
BP986404-01-0 06-BP-000
EPA ASSlSTANCE AGREEMENT / AMENDMENT 's. DAT� OFAWARD a. MAILING DATE
PART I- ASSISTANCE NOTIFICATION INFORMATION 09/i7/99 09/24/99
5. AGREEMENT TYPE 6. PAYMENT METHOD
Cooperative A4reement %� � Advancs � Reimbursement � ACH Number
GrantAgreement Send PaymentRequeatto: 7. TYPE OP ACTION
AaaistanceAmendment SEE BLOCK #13 f NEW PROJECT
8. RECIPIENT 9. PAYEE
R CITY OF FORT WORTH TEXAS CITY OF FORT WORTH TEXAS
E 1000 THROCKMORTON ST. 1000 THROCKMORTON ST.
c
� FORi WORTH, TX 76102-6311 FORT WORTH, TX 76102-6311
P
I
E
N EIN NO. CONGRESSIONAL DISTRICT
T 75-6000052 I 12
p 11. PROJECT MANAGER AND TELEPHONE NO.
R KATHRYN HANSEN
G REG/ENV COORDINATOR
{817) 871-8136
E 13. IS5UfNG OFFfCE (C1TY 1 STATE)
P US ENVIRONMENTAL PROTECTION AGENCY
A EPA, REGION 6, MANAGEMENT DIV
o DARLENE COULSON, GRANTS SPEC'L, (6MD-RX)
N 1445 ROSS AVENUE
r DALLAS, TX 75202-2733
10. RECIPIENT IYPE
CITY, VILLAGE, TOWN, BOROUGH
12. CON$ULTANT (wWT conetruetion Granta only)
N/A
14. EPA PROJECT / STATE OFFICER AND TELEPHONE NO.
CAM4SHA SCOTf', PROJ OFFCR (6SF-PS)
1445 ROSS AVENUE
DALLAS, TX 75202-2733 (2121 637-3405
C 15. EPA CONGRESSIONAL LIAISON & PHONE 16. STATE APPL ID �c�earin9houae)
T BARBARA BROOKS, (202) 260-5i 98 TXW990716001804
t 9. STATUTOAY AUTHORITY 20. REGULATORY AUTHORITY
CERCLA: SEC. 104 40 CFR PTS 31, 35 SUBPT
�
22. PROJECT TI7LE AND DESCRIPTION
FORT WORTH BROWNFIELDS REDEVELOPMENT PROGRAM
Cily / Plaee
17. SCIENCE FIELD I 18. PROJECT STEP
99 (VYWT Conat N�A Qraata onty)
21. STEP 2+ 3& STEP 3(VVW7 construetton Grams onry)
a. Treetment Lsva{
b. Pro1� TYPs N/A
a T►eapneM Process
���. Sludna Denio�
23. PROJECT LOCATION (Aroas Impected by P►o�eetl
co���
Sbte Conqreasional Dlstrict
FT. WORTH TARRANT I TX 12
24. ASSISTANCE PflOGRAM (CFDA Proyram Na & 7itie� 6G.S11: 25. PROJECT PERIOD 26. BUDGET PERIOD
Brownfield Pilots Cooperative Agreements 10/01/99 - 09/30/00 I 10/01/99 - 09/30/00
27. COMMUNITY POPULATION 28. TOTAL BUDGET PERIOD COST 29. TOTAL PROJECT PERIOD COST
(WWTConstructionGrantsOnly� N�A I Q2�0���� $200i���
W
FUNDS FORMER AWARD THIS ACTION AMENDED TOTAL
30. EPA AmouM This Adlo� �O .pZOO�OOO
31. EPA ln-Klnd Amount 0 �
32 Unexpended Prior Yaar Balanee � �
33. Other Federol Funds � �
34. Raeipient Contribution Q 0
as. s�se co�r�ib�+a� 0 0
3& Local Contribution 0 �
37. Other Contributlon Q �
58. A�lowabfe Praject Cost �P� �2�di ��d
as. Site Name Document FY Approp. Budget Program Ob{ect
F
f
C 01�
A
L
Controi Organ�zation
Number
DAR108 99 T 75D
Element Class
�
+V�II 0���� U`='LS� ��
f� �I��i� �"�2'!„li!I� °,�' .
ti �o ���a��'� p �_"o
Site/Project Cost Obligation !
Drganization Deobligatlor
50108D 4142 HQCONY00 200,000
EPA Form 5700-20A (Rev. 5-82)• Heplacea previoua aditiona and EPA Forms 5l00-1A,B,C, and D, all of whioh are obsolete.
PARTII-APPROVED BUDGET
TABLE A- OBJECT CLASS CATEGORY
(Non-eonstrudion)
1. PERSONNEL
2. FRINGE BENEFITS
3. TRAVEL
4. EQUIPMENT
5. SUPPLIES
6. CONTRACTUAL
7. CONSTRUCTION
S. OTHER
9. TOTAL DIRECT CHARGES
10. INDIREC7 COSTS: RATE '/o BASE
11. TOTAL (Share: Recipient 0.00% Federal 100.00 %.)
12. TOTAL APPROVED ASSISTANCE AMOUNT
TABLE B- PROGRAM ELEMENT CLASSIFICATION
(Nonconatruction)
1.
2.
3.
4.
5.
6.
7.
� $
9.
10.
11.
12. TOTAL (Share: Reciplent
% Federal %.)
13. TOTAL APPROVED ASSISTANCE AMOUNT
TABLE C- PROGRAM ELEMENT CLASSIFICATION
(conatruMton)
1. ADMINISTRATION EXPENSE
2. PRELIMINARY EXPENSE
3. LAND STRUCTURES, RIGHT-OF-WAY
4. ARCHITECTURAL ENGINEERING BASIC FEES
5. OTHER ARCHITECTURAL ENGINEERING FEES
6. PROJECT INSPECTION FEES
7. LAND DEVELOPMENT
8. RELOCATION EXPENSE
9. RELOCATION PAYMENTS TO INDIVIDUALS AND BUSINESS
10. DEMOLITION AND REMOVAL
11. CONSTRUCTION AND PROJECT IMPROVEMENT
12. EQUIPMENT
13. MISCELLANEOUS
14. TOTAL (unea � thru ��
15. ESTIMATED INCOME (N.ppticable)
16. NET PROJECT AMOUNT (uno ta minus ��
17. LESS: INELIG�BLE EXCLUSIONS
18. ADD: CONTINGENCIES
19. TOTAL (Share: Recipient % Federal °�.)
20. TOTAL APPROVED ASSISTANCE AMOUNT
ASSISTANCE IDENTIFICATION: BP986404-01-0 Page 2 of 7
TOTAL APPROVED ALLOWABLE
BUDGET PERIOD COST
$56,498
10,417
3, 500
0
13, 585
100,000
0
16,000
$200,000
0
$200,000
$200, 000
EPA Form 5700-20A (Hev 5-82)
PART Iil -- AWARD CONDITIONS
ASSISTANCE IDENTIFICATION: BP986404-01-0 Page 3 of 7
This Assistance Agreement is awarded in accordance with the Federal Grants and
Cooperative Agreement Act of 1977. Areas of substantial EPA involvement, beyond the
normal exercise of performance evaluation and program review, have been detailed in specific
output objectives which resulted from negotiation between EPA and the recipient. These
areas are included in the application for this award and have become a part of this
Agreement.
The recipient covenants and agrees that it will expeditiously initiate and timely
complete the project work for which assistance has been awarded under this
Agreement, in accordance with all applicable provisions of 40 CFR Chapter 1,
Subchapter B. The recipient warrants, represents, and agrees that it and all its
contractors, employees and representatives, will comply with all APPLICABLE
provisions of 40 CFR Chapter 1, Subchapter B, INCLUDING BUT NOT LIMITED TO
the provisions of 40 CFR Parts 31, 32, 34, and 35. This award may be reduced or
terminated at such time the recipient fails to comply with the program objectives, grant
award conditions, or Federal reporting requirements.
2. Recipient standards of administration, property management, procurement and
financial management, as well as records and facilities of recipients, their contractors
and subcontractors are subject to audit and inspection by the Comptroller General of
the United States and the U.S. Environmental Protection Agency in accordance with
Office of Management and Budget (OMB) Circulars A-87, A-102, A-110, A-128 and
40 CFR Part 31. The recipient's standards governing procurement will be in
accordance with 40 CFR, Part 31.36 and OMB Circular A-102. The recipient shall
maintain a financial management system which meets the requirements of 40 CFR
Part 31.20.
3. In accordance with the requirements contained in Section 6002 of the Resources
Conservation and Recovery Act (RCRA), 42 USC 6962, the recipient is required to
purchase items containing recovered materials. These requirements apply when the
recipient purchases more than $10,000 each Fiscal Year of any item covered by the
following procurement guidelines including: paper and paper products (40 CFR Part
250); lubricating oil containing re-refined oil (40 CFR Part 252); retread tires (40 CFR
Part 253); building insulation products (40 CFR Part 248) and cement and concrete
containing fly ash (40 CFR Part 249). EPA publication PROCUREMENT
GUIDELINES FOR GOVERNMENT AGENCIES dated December, 1990 (EPA/530-
SW-91-011) provides specific recommendations for the implementation of these
requirements.
4. 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 EPA. This requirement does not apply to Standard Forms which are
printed on recycled paper when available through the General Services
Administration.
5. All reports, except financial and MBE/WBE, necessary for compliance with any
condition or requirement of this award must be submitted to the attention of the EPA
Project Officer. (See Page 1, Block 14.)
6. In accordance with 40 CFR Part 31.41, the recipient shall submit an annual Financial
EPA Form 5700-20A (Rev. 5-82)
PART III -- AWARD CONDITIONS
ASSISTANCE IDENTIFICATION: BP986404-01-0 Page 4 of 7
Status Report (FSR), Standard Form 269 or 269A, to:
Grants Team (6MD-RX)
U. S. Environmental Protection Agency, Region 6
1445 Ross Avenue
Dallas, Texas 75202-2733
The final Financial Status Report (FSR) is due on or before 90 days after the end of
the budget period. In accordance with Agency policy, all project expenditures
reported by the recipient shall be deemed to include both the Federal and recipient
share of the expenditure.
7. The recipient agrees to ensure that all conference, meeting, convention, or training
space funded in whole or in part with federal funds, complies with the Hotel and Motel
Fire Safety Act of 1990.
8. Under the Paperwork Reduction Act of 1980, Office of Management and Budget
(OMB) clearance must be obtained prior to collecting information from 10 or more
persons and will use EPA's name while collecting the information under this project.
The term "person" means an individual, partnership, association, corporation,
business, trust, or legal representative, an organized group of individuals, a State,
territorial, or local government or branch thereof, or a political subdivision of a State,
territory, or local government or a branch of a political subdivision. The EPA Project
Officer is responsible for requesting clearance from OMB.
9. The Federal share of allowable expenditures chargeable to this Agreement will be
financed by the ADVANCE PAYMENT METHOD in accordance with 40 CFR Part
31.21 or 30.22 as applicable. The recipient shall request payments on the enclosed
Standard Form 270, Request for Advance or Reimbursement. As the recipient incurs
expenditures under this Agreement, the recipient may submit a request for payment
monthly, but shall submit requests at least quarterly. These requests will report
cumulative expenditures incurred under the Agreement. EPA will make payments for
allowable expenditures at the ratio shown in the latest Agreement.
10. The recipient agrees to comply with the requirements of EPA's Program for Utilization
of Small, Minority and Women's Business Enterprises in procurement under
assistance agreements:
(a) The recipient accepts the applicable FY 1999 Minority Business Enterprise
(MBE)/Women's Business Enterprise (WBE) "fair share" goals/objectives
negotiated with EPA by the Texas Natural Resource Conservation
Commission as follows:
MBE: CONSTRUCTION- 0%; SUPPLIES- 5%;
SERVICES- 8.4%; EQUIPMENT-5%
WBE: CONSTRUCTION- 0%; SUPPLIES- 7.6%;
SERVICES- 11.6%; EQUIPMENT- 7.6%
(b) (1) The recipient agrees to ensure, to the fullest extent possible, that at least the
EPA Form 5700-20A (flev. 5-8�
PART III -- AWARD CONDITIONS ASSISTANCE IDENTIFICATION: BP986404-01-0 Page 5 of 7
applicable "fair share" objectives of Federal funds for prime contracts or
subcontracts for supplies, construction, equipment or services are made available
to organization owned or controlled by socially and economically disadvantaged
individuals, women and Historically Black Colleges and Universities.
(2) For assistance agreements related to research under the Clean Air Act
Amendments of 1990, the recipient agrees to ensure, to the fullest extent possible,
that at least the applicable "fair share" objectives of Federal funds for prime
contracts or subcontracts for supplies, construction, equipment or services are
made available to organizations owned or controlled by socially and economically
disadvantaged individuals, women, disabled Americans, Historically Black Colleges
and Universities, Colleges and Universities having a student body in which 40%
or more of the students are Hispanic, minority institutions having a minority student
body of 50% or more, and private and voluntary organizations controlled by
individuals who are socially and economically disadvantaged.
(c) The recipient agrees to include in its bid documents the applicable "fair share"
objectives and require all of its prime contractors to include in their bid documents
for subcontracts the negotiated "fair share" percentages.
(d) The recipient agrees to follow the six affirmative steps or positive efforts stated in
40 CFR, Section 30.44(b), 40 CFR Section 31.36(e), or 40 CFR Section 35.6580,
as appropriate, and retain records documenting compliance.
(e) The recipient agrees to submit an EPA form 5700-52A "MBE/WBE Utilization
Under Federal Grants, Cooperative Agreements and Interagency Agreements"
beginning with the Federal fiscal year quarter the recipient receives the award and
continuing until the project is completed. These reports must be submitted to the
Regional MBE/WBE Coordinator within 30 days of the end of the Federal Fiscal
quarter (January 30, April 30, July 30, and October 30). For assistance awards
for continuing environmental programs and assistance awards with institutions of
higher education, hospitals and other non-profit organizations, the recipient agrees
to submit an EPA form 5700-52A to the Regional MBE/WBE Coordinator by
October 30 of each year.
(f) If race and/or gender neutral efforts prove inadequate to achieve a"fair share"
objective, the recipient agrees to notify EPA in advance of any race and/or gender
conscious action it plans to take to more closely achieve the "fair share"
objectives.
(g) The recipient also agrees and is required to utilize the six affirmative steps if a
contract is awarded under this agreement relative to small businesses in rural
areas (SBRAs) in compliance with Section 129 of Public Law 100-50, 40 CFR
Section 30.44(b) and 40 CFR Section 31.36(e)
(h) EPA may take corrective action under 40 CFR Parts 30, 31, and 35, as
appropriate, if the recipient fails to comply with the MBE/WBE terms and
conditions.
11. QUALITY MANAGEMENT PLAN (QMP) - The recipient will submit an update or revision
EPA Form 5700-20A (Rev. 5-82)
PART III -- AWARD CONDITIONS
ASSISTANCE IDENTIFICATION: BP986404-01-0 Page 6 of 7
of the Quality Management Plan annually to the EPA Project Officer for approval, or a
certification that the plan is current, and include a copy of the recipient's new approval
pages for the QMP.
12. QUALITY ASSURANCE PROJECT PLAN (QAPP) - Sixty days prior to the initiation of any
environmental measurements or data generation, the recipient shall submit to the EPA
Project Officer, for review and approval, a written Quality Assurance Project Plan for this
grant project. The QAPP shall comply with the guidelines specified in the document
entitled "EPA Requirements for Quality Assurance Project Plans for Environmental Data
Operations", EPA QA/R5. If any change is required after EPA approval, the recipient must
notify the Project Officer immediately and request approval for the change prior to
implementation. At the end of each Federal Fiscal Year, September 30, the grantee shall
certify in writing to the EPA Project Officer that the QAPP is current, and include a copy
of the recipient's new approval pages for the QAPP. �
Any costs for environmental measurements or data generation incurred prior to
approval of the Quality Assurance Project Plan by the EPA Project Officer will be
ineligible for reimbursement.
13. In describing the work accomplished during the reporting period, the recipient is
encouraged to describe related brownfields efforts in their quarterly reports; however, the
report must clearly delineate which tasks are funded by the cooperative agreement and
which items are funded from other sources.
EPA Form 5700.20A (Rev. 5-9�
ASSISTANCE IDENTIFICATION: BP986404-01-0
SPECIAL CONDITIONS (wntinue�
PART IV
Page 7 of 7
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 Administration Office for State and local awards within 3 calendar weeks atter receipt or
withtn any extension of time as may be granted by EPA.
Receipt of a written refusal or failure to return the properly executed document wlthin the prescribed time, may result in the
withdrewal 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, whfch the Award Official determines to materially alter the Agreement, shall void the Agreement.
OFFER AND ACCEPTANCE
The United States of America, acting by and through the U.S. Environmental Protection Agency (EPA), hereby offers
assistance/amendment to the CITY OF FORT WORTH TEXAS for 100.00��o of all approved
RECIPIENT UHGANIZlaTION
costs incurred up to and not exceeding $ 200 000 for the support of approved budget period effort described
ASSISTANCE �1MOUNT
in appllcation (including all application modifications) cited in Item 22 of this Agreement
07/15/99 FT. WORTH BROWNFIELDS REDEVELOPMENT PROGRAM , inciuded herein by reference.
DATE AND TITLE
ISSUING OFFICE (Gnnts Administration olti«) AWARD APPROVAL OFFICE
ORGANIZATION / ADDRESS ORGANIZATION / ADDRESS
EPA, REGION 6, MANAGEMENT DIV SUPERFUND DIVISION
DARLENE COULSON, GRANTS SPEC'L, (6MD-RX) EPA, REGION 6, (6SF)
1445 ROSS AVENUE 1445 ROSS AVE., SUITE 1200
DALLAS, TX 75202-2733 DALLAS, TX 75202-2733
THE UNITED STATES OF AMERICA BY THE U.S ENVIRONMENTAL PROTECTION AGENCY
SIGNATURE OF AWAR FFI I TYPED NAME AND TITLE MYRON O. KNUDSON, P.E. �� 17 ig99
i`:%Z�,� �� DIRECTOR, SUPERFUND DIVISION
is agree�nt is subject�o a-pplicable U.S. Environmental Protection Agency statutory provisions and assistance regulations. In
accepting thfs award or amendment and any payments made pursuant thereto, (1) the undersigned represents that he ts 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 I, Subchapter B and of the provisions of this agreement (Parts I thru I�, and (b) that
acceptance of any payments constitutes an agreement by the payee that the amounts, if any found by EPA to have been
overpa(d will be retunded or credited in full to EPA.
�BYAND ON BEHALF OFTHE DESIGNATED RECIPIENT ORGANIZATION
�����I ATURE TYPED NAME AND TITLE CHARLES BOSWELL
Q�p�„ U `- , �1���(„Q,� ASST. CITY MANAGER
DATE
�/2� �9�
EPA Form 5700-20A (Rev. 5-82)
ATTEST:
/(/G�',2 � ��G-�,�-�i��
� Glori Pearson, City Secretary
APPR ED AS TO FORM & LEGALITY:
�
Cynthia G cia/� im -- Asst. City Attorney
M & C G12432
6� t2- ��
City of Fort Worth, Texas
n✓I��yar And Caunc�l C.ar»mun�cAt�an
DATE REFERENCE NUMBER LOG NAME PAGE
1/12/99 **G-'i2432 52BROWN I 1 of 2
SUBJECT GRANT APPLICATION FOR ROWNFIELDS ECONOMIC DEVELOPMENT PROJECT
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager to apply for and accept, if awarded, a grant from the U. S.
Environmental Protection Agency (EPA) in the amount of $200,000 for the Brownfields Economic
Development Project; and
2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations up to
$200,000 in the Grants Fund subject to receipt of the funds.
DISCUSSION:
The EPA has funds available for implementing programs to address remediation of inner city properties
that are designated as a"Brownfields" area. Brownfields are abandoned properties and lots with actual
or perceived environmental contamination, usually in urban areas, that were once home to industrial or
commercial enterprises. .
The City of Fort Worth's proposed goals include:
• Organization of a community network to address environmental concerns (real or perceived)
through assessment and investigation; and �
• Creation of . funds to aid in the abatement and remediation of identified environmental
problems through a community nefinrork with financial institutions; and
• Creation of a local program where Brownfield property information is readily available by
internet access; and
• Creation of a top five redevelopment site prospectus for use by City Economic Development,
area realtors and other interested parties; and
• Reinvestment into the community of identified Brownfield sites.
The proposed grant, if awarded to the City, will be for a two-year period with the terms specified in �the
grant.
No City funds will be expended before the grant is received.
City of Fo�t Worth, Texas
�i►�A�ar Atl� Caunc�l C,ammun�cAt�a� �
DATE REFERENCE NUMBER LOG NAME PAGE
1112/99 **G-12432 52BROWN I 2 of 2
SUBJECT GRANT APPLICATION FOR ROWNFIELDS ECONOMIC DEVELOPMENT PROJECT
FISCAL INFORMATION/CERTIFICATION: _
The Finance Director certifies that upon approval of the above recommendations, adoption of the
attached appropriation ordinance, and receipt of the grant, funds will be available in the current
operating budget, as appropriated, of the Grants Fund.
CB:k
Submitted for City Manager's
Office by:
Charles Boswell
Originating Department Head:
Edward Siena
Additional Information Contact:
Edward Sierra
I FUND I ACCOUNT I
� (to)
� � GR76 451314
8511 � GR76 5 various
�
8079 I (from)
I
�
8079 I
CENTER I AMOUNT I
052214491000 $200,000.00 �
052214491010 $200,000.00 j �y€D
� � ������
CITY SECRETARY
dAN 3 2 �R99
�� ��,
1 c�ry s�e��, o� �►6
I Citp ot Fort Woctl�, Tsx.�s
�ctnat�ci �rdinanca N�_ i.3G� Q�