HomeMy WebLinkAbout2002-06-18; Municipal Water District; 534; Encina Basin Water Reclamation Program, Phase IICARLSBAD MUNICIPAL WATER DISTRICT -AGENDA BILL
,B# 534
ITG. 6/18/02
TITLE: APPROVE AND AUTHORIZE A
IEPT. ENG
ENCINA BASIN WATER RECLAMATION PROGRAM,
GRANT AGREEMENT WITH THE EPA FOR THE
PHASE II, PROJECT NO. 3675
RECOMMENDED ACTION:
Adopt Resolution No. 1158 to approve and authorize a grant agreement with the Environmental Protection Agency for the Encina Basin Water Reclamation Program, Phase II,
Project No. 3675.
ITEM EXPLANATION:
The Encina Basin Water Reclamation Program, Phase II project (Phase II) includes a new advanced tertiary treatment facility referred to as the Carlsbad Water Recycling Facility. This facility includes a desalination system to limit the TDS (salt content) of the final product water to a
maximum of 1,000 mg/L. By Resolution No. 1104, on October 3, 2000, the Board approved and authorized the Executive Manager to submit an application for a project grant with the United States Environmental Protection Agency (EPA) for the desalination system. The CMWD's grant
application was submitted to the EPA on June 15, 2001. In a letter dated May 30,2002, the EPA
CMWD. The grant is from the Federal Fiscal Year (FY)-OO and FY-01 Appropriations. authorized the grant and submitted one (1) original of a "Grant Agreement" for execution by the
ENVIRONMENTAL REVIEW
A Mitigated Negative Declaration (MND) was prepared for the Phase II project. The Carlsbad City Council approved the MND on January 25, 2000 under Case No. EIA 99-09. The United
with the National Environmental Policy Act (NEPA) and formally approved the NEPA on
States Department of the Interior completed their review of the Phase II project for compliance
March 1, 2002.
FISCAL IMPACT:
The total Phase II project cost is estimated at approximately $38.6 million. The desalination system at the Carlsbad Water Recycling Facility has an estimated cost of $3,943,515. The EPA
which is a maximum of $2,168,933. grant agreement awards CMWD a 55 percent project share grant for the desalination system,
The grant agreement requires CMWD to fund the remaining 45 percent share of the desalination system expenses. The funding sources for the remaining 45 percent share includes a $31 million loan and $5 million grant from the State Water Resources Control Board (SWRCB), and a $9
million grant from the Bureau of Reclamation and local funding. The local funding includes $4.6 million previously appropriated from the Water Capital Replacement Fund for non-eligible project share costs such as change orders, rights-of-way, engineering and retrofit expenses.
EXHIBITS:
1. Resolution No. 1158 to approve and authorize a grant agreement with the Environmental Protection Agency for the Encina Basin Water Reclamation Program, Phase II, Project No. 3675.
2. Grant agreement ID #XP-98998001-0, Water Infrastructure-Desalination for Encina Basin.
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I1 RESOLUTION NO. 1158
A RESOLUTION OF THE BOARD OF DIRECTORS OF
APPROVE AND AUTHORIZE A GRANT AGREEMENT WITH CARLSBAD MUNICIPAL WATER DISTRICT (CMWD) TO
THE ENVIRONMENTAL PROTECTION AGENCY FOR THE
ENCINA BASIN WATER RECLAMATION PROGRAM, PHASE II,
PROJECT NO. 3675.
WHEREAS, the Board of Directors of the Carlsbad Municipal Water District (CMWD) by
Resolution No. 1104 on October 3, 2000, approved and authorized the Executive Manager to
submit an application for a project grant to the U. S. Environmental Protection Agency (EPA) for
the desalination of recycled water at the Carlsbad Water Recycling Facility, Encina Basin Water
Reclamation Program, Phase II project; and
WHEREAS, on June 15,2001, the CMWD submitted a grant application to the EPA; and
WHEREAS, the EPA reviewed the application and authorized a 55 percent project share
grant agreement with CMWD for the desalination system at the Carlsbad Water Recycling Facility,
and submitted the grant agreement to the CMWD in a letter dated May 30, 2002, requesting that
the CMWD execute the agreement; and
WHEREAS, the cooperative agreement awards CMWD a maximum grant of $2,168,933
based on a total estimated cost for the desalination system of $3,943,515.
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of Carlsbad Municipal
Water District of the City of Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2. That CMWDs Executive Manager or his designee is authorized to execute the
cooperative agreement with the Environmental Protection Agency.
PASSED, APPROVED AND ADOPTED at a special meeting of the Carlsbad Municipal
Water District held on the 18th day of JUNE , 2002 by the following vote, to wit:
AYES: Board Members Lewis, Kulchin, Finnila, Nygaard, Hall
ATTEST:
ASSISTANCE ID NO.
XP - 98998W1- 0 Page 1
4- =%.
BWt +ns U.S. ENVIRONMENTAL PRO I DOC ID IAMEND# DATE OF AWARD
XP - 98998001 - 0 MAY 2 2 2002
New
Advance
~~Y~D~Th2 PROTECTION AGENCY TYPE OFACTION LV5 Grant Agreement ACH# PAYMENT METHOD
RECIPIENTTYPE
PAYEE RECIPIENT:
Send Payment Request to:
Municipal Grants Management Office. PMD-7
City of Carlsbad 1635 Faraday Ave. 1635 Faraday Ave.
Carlsbad. CA 92008 EIN 95-6004793 CatIsbad,,CA92008
PROJECTMANAGER EPA PROJECT OFFICER EPA GRANT SPECIALST
William E. Plummer Martin Zeleznik
1635 Faraday Ave.
Carlsbad, CA 92008
City of Catisbad
Scott Stollman 75 Hawthorne Street, WTR-9
BMaIk Zeieznik.MarUn@epa.~v E-Mall: Stollman.SmttQEPA.GOV San Frandsco, CA 94105 Grants Management Wca. PMD-7
E-Malk
Phone: (760) 602-2766 Phm 415-872-3543
Phone: 415-972-3661
. PROJECTTITLE AND DESCRlmON
Water infrastructure - Desalination for Encina Etasin
Thisaward pmvMes full EPA funding h the amount of $2,168333 for the mnm of a desalinatian unit to remove chlorides during WaStaWatEr treatment for the Encina Basin water reclamation program. This funding mnsists of FY-00 and FY-01 Special Appropriations. This agreement includes preaward costs referenced In mndition 3.
BUDGET PERldD lOX)l/lBSg . 0813012003
NOTE me Agreement must be compleW In dupkate and the Otrglnal returned to the appropriate Grants Mnagement Office ilsted below,
wlthln 3 calendar weelu after receipt or wlthln any extonalon of time as may be granted by EPA. Receipt of a written refusal or failure to return the properly executed document wlthln the prescrlbed the, may result in the withdrawal of the offer by the Agency. Any change to the Agrement by the Reclplent aubrequent to the document belng slgned by the EPA Award OffiClal, which the Award Official determlnes to materlaily alter the Agreement shall vold the Agreement
PROJECT PERIOD TOTAL PROJECT PERIOD COST TOTAL BUDGET PERIOD COST
1om111sSg. omnw3 $3,943.515.03 $3,943,515.00
OFFER AND ACCEPTANCE
The Unlted Swsr, acting by and aMugh the US. Environmental PmtecUon Agency (EPA), hereby Offer. AssIstendAm-t to W Citv QLBIlSbd
up to and not exceeding t2.168.g33 for the support of approved budget period effort descrlbed In appllcatlon (Including
for a% of ail approved costs Incurred
all appllcatlon modifications) cited In the Project Title and Descrlptlon above, aigned o6118/2001 included herein
by referonca
ISSUING OFFICE (GRANTS MANAGEMENT OFFICE) AWARD APPROVAL OFFICE - ORGANI2A'flON /ADDRESS
US. EP4 Region 9
ORGANlZAllON/ADDRESS
Grants Management Onice. PMD7 U.S. €PA, Region 9 WaterDbiSbll 75 HawmOme Street 75HawlhMnesmel San Francisco, CA 94105 SenhandaCo,CA94106
THE UNITED STATES OF AMERICA BY THE US. ENVIRONMENTAL PROTECTION AGENCY
SIGNATURE OF AWARD 0 DATE TYPED NAME AND TlTLE
Alexis Strausa, Director - Water Division 22 zoo
This agreement Is subject to applicable U.S. Environmental Protection Agency statutory pmvirlons and assistance regulations. In
acceptlng thla award or amendment end any paymem made pursuant thereto, (1) the underslwd rwresenta that he b duly authorized to act on behall of the reclplent organization, and (2) the reclplant agree¶ (a) that the award la wblact to the applicable
provisions of 40 CFR Chapter 1. Subchapter B and of the provlslons of thla agreement (and all attachments), and (b) that acceptance of any payments constitutes an egreement by the payee mat the amounta, ll any found by EPA to have been overpaid wlll be refunded or credited in fuU to EPA.
SIGNATURE
BY AND ON BEHALF OF THE DESIGNATED RECIPIENT ORGANiZAllON
TYPED NAME AND TITLE
Lloyd Hubbs, Public Works Director
DATE
EPA Funding Information XP - 98998001 - 0 Page 2
FUNDS AMENDED TOTAL THIS ACTION FORMER AWARD
EPA Amount This Actlon $
$0 $ $ Other Contribution
$0 $ $ Local Contribution
51,T14,582 81,774,582 . State Contrlbutlon
$0 $ $ Reclplent Contrlbutlon
$0 0 $ Other Federal Funds
$0 $ $ Unexpended Prior Year Balance
$0 $ 0 EPA in-Kind Amount
$2,168,933 $2,168,933 -
Allowable Project COSI $3,943,515 $3,943,515 $0
Assistance Prom (CFDA)
66.606. SUNEYS - studies - Investigations ~ Spec1
Regulatory Authorlty Statutory Authorlty
40 CFR PART 31
Appropriations Act of 2001 (PL 106.377) ~~~~~~iati~~ &t of 2~0 (p~ 106-74)
DCN
0: W9E014 0; W9E014
FY )rgankatlor Budgat
OBulAwi 09LOA31
)rganlratlor cost
I Deablfgatlon
Obllgatlon /
- 1,693,800 475,133
2.168.933
- XP ~ 9859eOOl- 0 Paw 3 Budget Summaw Pane
Table A - Object Class CategoIy Total Approved Allowable
(Non-conrtructlon) Budget Perlod Cost
1. Personnel $0
$0
3. Travel
$3,143.515 6. contractual $0 5. supplied
$8W,OW 4. Equlpment $0
$0 a. other $0 7. Construction
9. Total Direct Charges
10. Indirect Cost.: X Ease
$3,943,515
$0
11. Total (Share: Recipient 45M1 X Federal 55M1 X)
12. Total Approved Asslstance Amount $3,943,515
$2,168,933
13. Program income $0
-
Administrative Conditions
I. An interim Financial Status Report (FSR), Standard Form 269A (Rev. 7/97), covering
the period from "projecVbudget period start date" to September 30 of each calendar
year shall be submitted to the Grants Management Office, PMD-7, no later than December 31 of the same calendar year. The initial FSR is due December 31,2002.
The FSR covering the entire project period shall be submitted within 90 days after the
end of the project period (40 CFR Part 31.23(b)).
2. The recipient shall comply with the Single Audit Act and the reporting requirements
set forth in OMB Circular A-133.
3. The recipient agrees to complete and submit to the Grants Management Office,
PMD-7, a MBENVBE Utilization Report (EPA Form 5700-52A), within 30 days after the
end of the Federal fiscal year, Le., by October 30 of each calendar year. Negative
reports are required.
4. In accordance with EPA's Program for Utilization of Small, Minority and Women's
Business Enterprises in procurement under Federal assistance programs, the recipient
agrees to:
a) Accept the applicable FY 1999 "fair share" goals negotiated with EPA by the
California Department of Health Services, as follows:
XP - 98988001 .O Paw 4
MBE !A!E
Construction 17% 9%
Supplies 10% 8%
Services 15% 19%
Equipment 9% 7%
If the recipient does not want to rely on the applicable State's MBWBE "fair share"
goals, the recipient agrees to submit proposed MBENVBE "fair share" goals based on
availability of qualified minority and women-owned businesses to do work in the
relevant market for construction, services, supplies, and equipment.
"Fair share' objectives must be submitted to Joe Ochab, PMD-1, 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 applicable "fair share"
objective (see a) above} of Federal funds for prime contracts for supplies, construction,
equipment or services are made available to organizations owned or controlled by
socially and economically disadvantaged individuals, women and historically black
collwes and universities.
c) Include in its bid documents applicable "fair share" obiectives (see a) aboveland
require all of its prime contractors to include in their bid documents for subcontracts the
neQotiated fair share percentages.
d) Follow the six affirmative steps stated in 40 CFR Section 30.44(b), Section
31.36(e), Section 35.3145(d), or Section 35.6580(a), as appropriate.
b
e) In the event race and/or gender neutral efforts prove to be inadequate to achieve
a fair share objective for MBENVBEs, 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.
9 Until the recipient has completed its fair share negotiations with EPA, it agrees
to apply the main 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-1999 "fair Share"
objectives and require all of its prime contractors to include in their bid documents for
subcontracts the applicable FY 1999 "fair share" percentages and to comply with
paragraphs (c) through (e) above.
5. The cost principles of OMB Circular A-87 are applicable to this award. Since there
are no indirect costs included in the assistance budget, they are not allowable under
this Assistance Agreement.
6. "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 information mandated by EPA's annual
appropriations acts for fiscal year 2000,2001 and fiscal year 2002 (PL 106-74,5426,
PL 106-377, $424 and PL 107-73, $424 respectively) which require as follows: '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 recipient
may satisfy this certification requirement in any reasonable manner. The certification
must be submitted to EPA after all grant funds have been expended."
7. Pursuant to EPA Order 1000.25, dated January 24, 1990, the recipient agrees to
use recycled paper for all repotts which are prepared as a part of this agreement and
delivered to EPA. This requirement does not apply to Standard Forms. These forms
are printed on recycled paper as available through the General Services Administration.
8. Effective October 1, 1994, 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.
9. This award includes $1,774,582, of non-federal third party contributions. Third party
contributions counting towards satisfying a cost sharing or matching requirement must
be verifiable from the records of grantees and subgrantees. As applicable, these
records must reflect how the value is placed on third party contributions. The value of
third party contributions must be applicable to the period to which the cost sharing or
matching requirement apply (40 CFR Part 31.24).
IO. Pre-award costs estimated at $3,846,260 have been approved back to October 1,
1999, in accordance with the recipient's application for Federal assistance dated June
15,2001.
-- END OF DOCUMENT --
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