HomeMy WebLinkAboutUS EPA 11/06/2024CG -00A01550 -0 Pagel
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GRANT NUMBER (FAIN): 0OA01650
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MODIFICATION NUMBER: 0
DATE OF AWARD
U.S. ENVIRONMENTAL
PROGRAM CODE: CG
11/06/2024
TYPE OFACTION
MAILING DATE
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PROTECTION AGENCY
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New
11/12/2024
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Grant Agreement
PAYMENT METHOD:
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ASAP
RECIPIENT TYPE:
Send Payment Request to:
Township
Project Officer on Page 1 of this award document
RECIPIENT:
PAYEE:
TOWN OF MANSFIELD
TOWN OF MANSFIELD
6 PARK ROW
6 PARK ROW
MANSFIELD, MA 02048-2433
MANSFIELD, MA 02048-2433
EIN: 04-6001209
PROJECT MANAGER
EPA PROJECT OFFICER
EPA GRANT SPECIALIST
Michael Ahern
Jason Turgeon
Monique Lloyd
6 PARK ROW
5 Post Office Square
Grants Management Office
MANSFIELD, MA 02048.2404
Ste 100
5 Post Office Square
Email: mahern@mansfieldma.com
Boston, MA 02109-3912
St 100
Phone: 508-261-7336
Email: Turgeon.Jason@epa.gov
Boston, MA 02109-3912
Phone: 617-918-1637
Email: Lloyd.Monique@epa.gov
Phone: 617-918-1976
PROJECT TITLE AND DESCRIPTION
PFAS Treatment for Dustin/Prescott Wells Project
This agreement provides funding to The Town of Mansfield, MA, to Implement Its project to add PFAS Treatment for Dustin/Prescott Wells as directed in the
2023 Consolidated Appropriations Act or as Identified in an approved Technical Correction if one has been approved for this projecLA new building on a
concrete slab will be constructed to accommodate the new PFAS treatment system, and a granular activated carbon system will be Installed.The anticipated
deliverables are construction of the new building and PFAS removal system, which are expected to lead to the Town delivering drinking water with PFAS
levels below EPA's proposed new MCL of 4 ppt. for residents of the Town of Mansfield.No subawards are included in this assistance agreement.
BUDGET PERIOD
PROJECT PERIOD
TOTAL BUDGET PERIOD COST
TOTAL PROJECT PERIOD COST
09/01/2024 - 08/31/2025
09/01/2024 - 08/31/2025
$ 2,500,000.0.
$ 2,600,000.00
NOTICE OF AWARD
Based on your Application dated 09/24/2024 Including all modifications and amendments, the United Stales acting by and through the US Environmental
Protection Agency (EPA) hereby awards $ 2,000,000.00. EPA agrees to cost -share 80.000/ of all approved budget period costs Incurred, up to and not
exceeding total federal funding of $ 2,000,000.00. Recipient's signature is not required on this agreement. The recipient demonstrates Its commitment to carry
out this award by either: 1) drawing down funds within 21 days after the EPA award or amendment mailing date; or 2) not filing notice of disagreement with
the award terms and conditions within 21 days after the EPA award or amendment mailing date. If the recipient disagrees with the terms and conditions
specified in this award, the authorized representative of the recipient must furnish a notice of disagreement to the EPA Award Official within 21 days after the
EPA award or amendment mailing date. In case of disagreement, and until the disagreement is resolved, the recipient should not draw down on the funds
provided by this award/amendment, and any costs incurred by the recipient are at its own risk. This agreement is subject to applicable EPA regulatory and
statutory provisions, all terms and conditions of this agreement and any attachments.
ISSUING OFFICE (GRANTS MANAGEMENT OFFICE)
AWARD APPROVAL OFFICE
ORGANIZATION /ADDRESS
ORGANIZATION /ADDRESS
U.S. EPA, Region 1, EPA New England
U.S. EPA, Region 1, Mission Support Division
5 Post Office Square, Suite 100
R1 - Region 1
Boston, MA 02109-3912
5 Post Office Sq
Ste 100
Boston, MA 02109-3912
THE UNITED. STATES OFAMERICABYTHE U.S.ENVIRONMENTAL
PROTECTION AGENCY
Digital signature applied by EPA Award Official Arthur Johnson - Director of MSD
DATE
11106/2024
CG - 0OA01550 - 0 Page
EPA Funding Information
FUNDS
FORMERAWARD
THIS ACTION
AMENDEDTOTAL
EPAAmount Thls Adlon
$ 0
$ 2,000,000
$ 2,000,000
EPA InaOnd Amount
$ 0
$ 0
$ 0
Unexpended Prior Year Belanoe
$ 0
$ 0
$ 0
Other Federal Funds
$ 0
$ 0
$ 0
Recipient Contribution
$ 0
$ 600,000
$ 500,000
State Contribution
$ 0
1 $ 0
$ 0
Local Contribution
$ 0
$ 0
$ 0
Other Contribution
$ 0
$ 0
$ 0
Allowable Project Cost
$ 0
$ 2,500,000
$ 2,600,000
Assistenoe Program (CFDA)
Statutory Authority
Regulatory Authority
66.202 - Congressionally Mandated Projects
2023 Consolidated Appropriations Act (PL 117-328)
2 CFR 200, 2 CFR 1500.and 40 CFR 33
Fiscal
Site Name
Req No
Fy
Approp.
Code
Budget
Organization
PRC
Objed
Class
Sitemmed
Cost
Organization
Obligation /
Dsobl ation
25010HGO01
24
E5C
0123DMO
000B81
4192
-
$ 2,000,000
$ 2,000,000
CG - OOA01550 - 0 Page 3
Budget Summary Page
Table A - Object Class Category
(Non-ConsWcgon)
Total Approved Allowable
Budget Period Cost
1. Personnel
$ 0
2. Fringe Benefits
$ 0
3.Travel
$ 0
4. Equipment
$ 0
5. Supplies
$ 0
a. Contractual
$ 0
7. Construction
$ 2,500,000
8.Other
$ 0
9. Total Direct Charges
$ 2,500,000
10. Indlred Coat; 0.00 % Base
$ 0
11. Total Share: Red nt zo.00 % Federal ao.0o %
$ 2,500,000
12. Total Approved Assletanoe Amount
$ 2,000,000
13. Program Income
$ 0
14. To1: EPA Amount Awarded Thle Adlon
$ 2,000,000
15. Total EPA Amount Awarded To Date
$ 2,000,000
Administrative Conditions
General Terms and Conditions
CG - 0OA01550 - 0 Page
The recipient agrees to comply with the current Environmental Protection Agency (EPA) general terms
and conditions available at: https://www.epa.aov/system/files/documents/2024-
10/fy 2025 epa general terms and conditions effective october 1 2024 olo later.pdf
These terms and conditions are in addition to the assurances and certifications made as a part of the
award and the terms, conditions, or restrictions cited throughout the award.
The EPA repository for the general terms and conditions by year can be found at: https://www.epa,
gov/g rants/gra nt-terms-and-conditions#general.
A. Correspondence Condition
The terms and conditions of this agreement require the submittal of reports, specific requests for approval, or
notifications to EPA. Unless otherwise noted, all such correspondence should be sent to the following email
addresses:
Federal Financial Reports (SF-425): rtofc-grant sa eoa.aov
MBE/WBE reports (EPA Form 5700-52A): r1 mbewbereportOeoa.00v
• All other forms/certifications/assurances, Indirect Cost Rate Agreements, Requests for Extensions of the
Budget and Project Period, Amendment Requests, Requests for other Prior Approvals, updates to
recipient information (including email addresses, changes in contact information or changes in authorized
representatives) and other notifications: Grants Specialist, located on first page of this award Project
Officer, Located on 1st page of this award.
• Workplan revisions, equipment lists, programmatic reports and deliverables: Project Officer, located on the
1st page of this award.
• Quality Assurance documents: Project officer located on 1 st page of this award -MD R1 QAPPs(cDeca.aoy
B. Pre -Award Costs
In accordance with 2 CFR 1500.9, the recipient may charge otherwise allowable Pre -Award costs (both Federal
and non -Federal matching shares) incurred from September 1, 2024 to the actual award date provided that such
costs were contained in the approved application and all costs are incurred within the approved budget period.
C. Prior Approval of Payments for EPA Community Grants
Payment Requests are to be completed on Standard Form 270, 'Request for Advance or
Reimbursement' and submitted to the EPA Grants Office with a copy to the EPA Project Officer. This
form and instructions for completing it can be found at https:Hwww.epa.aov/grants/epa-grantee-forms.
The requests will report cumulative expenditures both (federal and non-federal) incurred under the grant.
EPA will approve payments for allowable expenditures at the ratio shown in the latest Agreement.
Under this payment mechanism, the recipient submits for EPA approval the Standard Form 270 along
CG-00AW550-0 Page
with supporting cost documentation via email to the EPA Project Officer and the EPA Grants
Management Specialist listed on this award document. Attachments must be submitted in pdf or other
acceptable software format (e.g., DocuSign) and the Standard Form 270 must be electronically or
digitally signed by your organization's authorized representative or their designee in accordance with
EPA's Recipient/Applicant Information Notice (RAIN), Establishment of Standards for Submission of
Administrative and Financial Assistance Agreement Forms/Documents with Electronic or Digital
Signatures by Email. Documentation to support costs claimed for reimbursement include copies of bills
(vouchers, invoices, etc.), along with a description of services rendered, time spent, and charges. The
table below provides examples of acceptable documentation. Also, as a reminder, please refer to the
Grant -Specific Programmatic Terms and Conditions of this award for additional information regarding
procurement documentation submission requirements.
After review and written notification of EPA's approval, the recipient will request funds via the U.S.
Treasury's Automated Standard Application for Payment (ASAP) system for 20% of the total allowable
expenditures shown on the Standard Form 270 (i.e., the Federal share) for the period covered by the
request. EPA may pay 100% of the allowable expenditures reported for the period of the request for
grants for which the cost share requirement has been waived by EPA. Payment for costs approved by
EPA and authorized for drawdown by the recipient via the ASAP System will be credited to the recipient's
designated financial institution (See Financial Information in the EPA General Terms and Conditions
applicable to this award). Any questioned or disallowed costs will be detailed in writing by EPA's Grants
Management Officer.
SUPPORTING DOCUMENTATION BY BUDGET CATEGORY
BUDGET CATEGORY
ACCEPTABLE DOCUMENTATION
1. PERSONNEL (for both EPA -funded
and non -EPA funded employees whose
services will count towards the
recipient's cost share) Records
must: -meet the requirements in 2
CFR 200.430(g) for producing accurate
information regarding actual hours an
employee worked performing the EPA
agreement. -reflect 100% of actual
hours worked daily and the projects,
programs or activities worked, not
estimated amounts or
percentages. They must also reflect
non -working hours used during the pay
period. -be certified by an appropriate
recipient manager indicating that the
hours shown as worked in support of
the EPA assistance agreement were
actually spent on activities approved
and eligible under the agreement for
which the costs are claimed -contain
names of employees charging time to
the agreement, with explicit indication
CG-OOA01550-0 Page
of number of hours charged, the hourly
rate, and the total amount thereof
charged.
1a. Working Hours
• Copies of time sheets or equivalent
records
1b. Non -Working Hours (e.g., sick
• A schedule or report showing the
leave, annual leave, holiday pay, etc.)
non -working hour cost calculations and
being charged to the agreement if not
amounts claimed, including the
covered by a leave rate or included in
applicable accruals and distribution
fringe benefits.
methodologies for the periods used in
the calculations.
• A schedule or report showing the
fringe benefit cost calculations per
2. FRINGE BENEFITS — if applicable,
employee, per pay period being
approved fringe rate or actual costs
claimed for payment and charged to
per employee.
the assistance agreement. Individual
items included in approved fringe
benefit rates must be identified.
3. INDIRECT COSTS — must have an
approved indirect cost rate agreement
• A schedule or report showing the
covering the period for the indirect
indirect costs calculations and
costs being claimed or opt to use up to
amounts claimed and charged to the
a 15% de minimis rate of Modified
assistance agreement, including the
Total Direct Costs. See the General
applicable rates and cost basis for the
Terms and Conditions for additional
periods used in the calculations.
information.
• listing of trips taken, trip dates,
location, purpose, and actual costs
incurred.- copy of signed and dated
TRAVELNoFirst class/business
authorization documents for each trip,
class travel costs are not allowable.
cl
. written certification by emploYee's
supervisor or other authorized official
that the trip took place.- copy of
signed and dated travel vouchers
showing actual expenditures
5. EQUIPMENT — records must show
• copy of procurement requests- copy
equipment items, quantity, unit cost,
of vendor invoices- quotes or bid
and total amount consistent with the
announcements as required
PO and RFP.
• invoices showing supply items,
quantity, unit cost, and total amount
6. SUPPLIES
consistent with the Purchase Order. -
copy of procurement requests- copy of
vendor invoices- quotes or bid
announcements as required
7. CONTRACTUALThe contract
• documents showing quotes or bid
agreement must include all applicable
announcements as required.- evidence
clauses stipulated at 2 CFR Part
of the selection decision and a cost
CG-00AW550-0 Page
200.327 and Appendix II. NOTE: per
the grant -specific programmatic Terms
and Conditions of the award, all
contracts should have already been
reviewed and approved by the project
officer.Contracts for Architectural and
Engineering services are included in
and price analysis- copy of contractor
this category.The costs for consultant
invoices
compensation that are charged to the
EPA assistance agreement (including
cost shares) must not exceed the
consultant cap (Level IV of the
Executive Schedule) as described at 2
CFR 1500.10
8. CONSTRUCTIONThis category
. documents showing quotes or bid
includes contracts for general
announcements as applicable. -
construction and other contractor costs
evidence of the selection decision and
for activities described in EPA s Small
a cost and price analysis- copy of
and Disadvantaged Business (DBE)
contractor and vendor invoices
rule at 40 CFR 33.103.
• invoices showing items, quantity,
9. OTHERIf subaward costs are being
unit cost, and total amount. As
claimed, a copy of the executed
applicable ensure there are:- copies of
subaward agreement must be
procurement requests- copy of vendor
provided. The subaward agreement
invoices- quotes or bid
must comply with the requirements of
announcements as required -
the subaward term and condition of
documentation of participant support
the EPA award and 2 CFR 200.331 and
cost payments approved in the
200,332.
budget- cost Calculations/Allocations
of shared costs like rent, utilities, etc.
I
CG-00A01580-0 Page
Programmatic Conditions
A. Performance Reporting (2 CFR 200M)
The recipient agrees to submit performance reports to the EPA Project Officer no later than 30 calendar
days after the end of each federal fiscal quarter (January 30, April 30, July 30, and October 30). The final
performance report must be submitted no later than 120 calendar days after the period of performance
end date.
Performance reports must relate financial data and accomplishments to performance goals and
objectives; include brief information on each of the following areas: 1) a comparison of actual
accomplishments to the outputs/outcomes established in the assistance agreement workplan for the
period; 2) the reasons for slippage if established outputs/outcomes were not met; and 3) additional
pertinent information, including, when appropriate, analysis and formation of cost overruns or high ,unit
costs.
The recipient agrees to inform EPA as soon as problems, delays, or adverse conditions become known
which will materially impair the ability to meet the outputs/outcomes specified in the assistance
agreement workplan.
B. Project Changes
The recipient must obtain written EPA approval before implementing changes which alter the project
performance standards; change the scope or objectives of the project or substantially alter the design of
the project; transfer funds between construction and non -construction budget categories; significantly
delay or accelerate the project schedule; substantially alter the facilities plan, design drawings and
specifications, or the location, size, capacity, or quality of any major part of the project.
C. Right of Access (2 CFR 200.337)
EPA will have access to all records which are pertinent to the assistance agreement (including fiscal,
procurement, and engineering data and files), and EPA may conduct site visits and inspections related to
progress of the assistance agreement workplan activities.
• Procurement Document Submisslon
(1) With the exception of projects that qualify for the procurement flexibilities in the FY 2024 Consolidated
Appropriations Act (P.L. 118-42) discussed below in term and condition D. Procurement, the recipient
shall submit a copy of all proposed and/or executed contracts for services (including professional and
construction), supplies, and equipment over $250,000 to the EPA Project Officer for review. The
submittal of the proposed and/or executed contracts must include procurement records.
(a) Recipient agrees to submit plans and specifications, requests for proposals, invitations for
bids, scopes of work, and/or plans and specifications to the EPA Project Officer for review prior to
advertising for bids, or as soon as practicable thereafter if a contract has been executed or
performance under the contract has begun. Recipient will also submit any addenda to these
documents to the EPA Project Officer for review prior to the opening of bids, or as soon as
CG - 00A01 550 - 0 Page
practicable thereafter if a contract has been executed or performance under the contract has
begun.
(b) Recipient agrees to submit to the EPA Project Officer, within ten calendar days after a bid
opening, or as soon as practicable thereafter if a contract has been executed or performance
under the contract has begun, the bid package of the lowest responsive, responsible bidder for
review prior to the award of a contract, or as soon as practicable thereafter if a contract has been
executed or performance under the contract has begun. The bid package will include a bid
tabulation, a copy of the proof of advertising, the bid bond of the low bidder, the MBE/WBE
proposed utilization by the low bidder with a statement from Recipient that the efforts taken by the
low bidder meet the regulatory requirements, and the recommendation to award a contract to the
low bidder.
(c) Recipient agrees to submit to the EPA Project Officer for review any proposed and/or
executed contract for services, such as architectural/engineering or grant management or
construction, prior to signing each contract, or as soon as practicable thereafter if a contract has ;
been executed or performance under the contract has begun, as well as any change orders
executed after the award of the contract. A description of the process used to procure those
services will also be submitted. To be accepted as allowable project costs, such
procurements/contracts must comply with all statutory and regulatory requirements, including 40
U.S.C. 1101 et sea. (the Brooks Act) oran equivalent State qualifications -based procurement
requirement, as applicable; 2 CFR Part 200; 2 CFR Part 1500: and/or 40 CFR Part 33.
(2) Recipients that qualify for the procurement flexibilities discussed below in term and condition D.
Procurement, must provide to the EPA upon request solicitation documents (e.g., Request for Proposals
or Request for Qualifications), contracts, and/or any other pertinent documents relating to the process
used to enter the contract.
(3) All recipients, to include those that qualify for the procurement flexibilities in the FY 2024
Consolidated Appropriations Act (P.L. 118-42) discussed below in term and condition D. Procurement
must comply with the requirements in the Davis -Bacon Act, American Iron and Steel (AIS), and Build
America, Buy America (BABA) in any procurements and resulting contracts as applicable. These
requirements include incorporating the appropriate prevailing wage determinations and AIS/BABA in the
solicitation documents.
D. Procurement I
The FY2024 Consolidated Appropriations Act (P.L. 118-42), which was signed into law on March 9,
2024, states:
Provided further, that the funds made available under this heading for Community Project
Funding/Congressionally Directed Spending grants in this or prior appropriations Acts are not
subject to compliance with Federal procurement requirements for competition and methods of
procurement applicable to Federal financial assistance, if a Community Project
Funding/Congressionally Directed Spending recipient has procured services or products through
contracts entered into prior to the date of enactment of this legislation that compiled with state
and/or local laws governing competition.
(a) Recipient with projects identified in the FY 2024 or prior (i.e., FY 2022 and FY2023) Appropriations
CG - 0OA01550 - 0 Page 10
Acts are not subject to compliance with Federal procurement requirements for competition and methods
of procurement applicable to Federal financial assistance if the recipient has:
procured services or products through contracts entered into prior to March 9, 2024; and
complied with state and/or local laws governing competition (including laws/policies relating to
participation by disadvantaged business enterprises or equivalent, as applicable, and method of
payment).
The recipient must provide a written statement to the EPA Project Officer affirming any contracts entering
into prior to March 9, 2024, complied with state and/or local laws governing competition (including
laws/policies relating to participation by disadvantaged business enterprises or equivalent as applicable,
and method of procurement). The statement must also include the date the contracts were entered into.
The contract will be considered covered by the provision upon receipt of written confirmation from EPA.
The recipient must retain documentation (e.g., solicitation documents, procurement certifications from
state and/or local officials) demonstrating compliance of such contracts with state and/or local laws
governing competition, including such laws relating to participation by disadvantaged business
enterprises or equivalent as applicable.
(a)(1) Contract Amendments after March 9, 2024, and FY2024 Procurement Flexibility
Recipients with projects identified in the FY2024 or prior (i.e., FY2022 and FY2023)
Appropriations Acts may not be subject to compliance with Federal procurement requirements for
competition and methods of procurement applicable to Federal financial assistance (with the
exception noted below in paragraph (a)(2) for contract modifications over the Simplified
Acquisition Threshold in effect at the time of award) for contract amendments that occur after
March 9, 2024, if the recipient has:
(i) procured services or products through contracts entered into prior to March 9, 2024;
(ii) entered into said contracts in compliance with state and/or local laws governing
competition (including laws/policies relating to participation by disadvantaged business
enterprises or equivalent, as applicable, and method or procurement); and
(iii) complied with state and/or local laws relating to contract amendments as applicable.
The recipient must provide a written statement to the EPA Project Officer affirming any contracts
entered into prior to March 9, 2024, and contract amendments after that date, complied with state
and/or local laws governing competition (including laws/policies relating to participation by
disadvantaged business enterprises or equivalent as applicable, and method of procurement).
The statement must also include the date the contracts were entered into. The contracts and
contract amendments will be considered covered by the provision upon receipt of written
confirmation from EPA
The recipient must retain documentation (e.g., solicitation documents, procurement certifications
from state and/or local officials) demonstrating compliance of such contracts and amendments
with state and/or local laws governing competition, including such laws relating to participation by
disadvantaged business enterprises or equivalent as applicable.
CG - 0OA01550 - 0 Page 11
(2) Consistent with 2 CFR 200.324, the recipient further agrees that for all contract
modifications/amendments in excess of the Simplified Acquisition Threshold in effect at the time
of award, the recipient will: (i) perform a cost or price analysis; and (ii) negotiate profit as a
separate element of the price for each contract amendment in all cases where cost analysis is
performed.
(b) All other recipients who do not qualify for the procurement flexibilities discussed in section (a) must
procure all services (professional, construction, etc.), supplies, and equipment awarded under this grant
in accordance with all applicable federal requirements, including: 40 U.S.C.1101 et seq. (the Brooks Act)
or an equivalent State qualifications -based procurement requirement, as applicable; 2 CFR Part 200: 2
CFR Part 1500; and/or 40 CFR Part 33. This includes all services (professional, construction, etc.),
supplies, and equipment for which costs are approved as preaward costs.
(c) Recipient must comply with the procurement processes for architectural and engineering (A/E)
services as described in 40 U.S.C. 1101 et sea., or an equivalent State qualifications -based requirement.
Where equivalent State qualifications -based requirements are complied with, the source of the
requirement (e.g., existing State legislation or regulation, etc.) must be stated, and a certification from the
Governor of the State that the State's A/E procurement requirements are equivalent to 40 U.S.C. 1101 et
seq. must accompany the grant application. In lieu of a certification from the Governor, the Attorney
General's certification submitted with each grant application may include this certification. The
requirements of 40 U.S.C. 1101 et sea. are:
Public announcement of the solicitation (e.g., public announcement of a Request for 1
Qualifications);
Evaluation and ranking of the submitted qualifications statements based on established,
publicly available criteria (e.g., criteria identified in the solicitation);
Evaluation criteria should be based on demonstrated competence and qualifications for
the type of professional services required (e.g, past performance, specialized experience,
and technical competence in the type of work required);
Discussion with at least three firms to consider anticipated concepts and compare alternative
methods for furnishing services;
Selection of at least three firms considered to be the most highly qualified to provide the
services required; and
Contract negotiation with the most highly qualified firm to determine compensation that is fair
and reasonable based on a clear understanding of the project scope, complexity, professional
nature, and the estimated value of the services to be rendered;
In the event that the recipient is unable to negotiate a satisfactory contract with the firm,
the recipient shall formally terminate negotiations and then undertake negotiations with
the next most qualified of the selected firms, continuing the process until an agreement is
reached. If the recipient is unable to negotiate a satisfactory contract with any of the
selected firms, the agency head shall select additional firms in order of their competence
and qualification and continue negotiations in accordance with this section until an
CG - 0OA01550 - 0 Page 12
agreement is reached.
In the event that the State has no existing equivalent qualifications -based requirement for procurement,
the federal requirements in 40 U.S.C. 1101 et sea. apply.
(d) All recipient, to include those that qualify for the procurement flexibilities discussed in section (a),
must comply with the requirements in the Davis -Bacon Act, American Iron and Steel (AIS), and Build
America, Buy America (BABA) in any procurements and resulting contracts as applicable. These
requirements include incorporating the appropriate prevailing wage determinations and AIS/BABA in the
solicitation documents.
E. CYBERSECURITY CONDITION
Cybersecurity Grant Condition for Other Recipients, Including Intertribal Consortia and Non-profit
Organizations
(a) The recipient agrees that when collecting and managing environmental data under this assistance
agreement, it will protect the data by following all applicable State or Tribal law cybersecurity
requirements.
(b) (1) EPA must ensure that any connections between the recipient's network or information system and
EPA networks used by the recipient to transfer data under this agreement, are secure. For purposes of
this Section, a connection is defined as a dedicated persistent interface between an Agency IT system
and an external IT system for the purpose of transferring information. Transitory, user -controlled
connections such as website browsing are excluded from this definition.
If the recipient's connections as defined above do not go through the Environmental Information
Exchange Network or EPA's Central Data Exchange, the recipient will contact the EPA Project Officer no
later than 90 days after the date of this award and work with the designated Regional/Headquarters
Information Security Officer to ensure that the connections meet EPA security requirements, including
entering into Interconnection Service Agreements as appropriate. This condition does not apply to
manual entry of data by the recipient into systems operated and used by EPA's regulatory programs for
the submission of reporting and/or compliance data.
(2) The recipient agrees that any subawards it makes, under this agreement will require the subrecipient
to comply with the requirements in (b)(1) if the subrecipient's network or information system is connected
to EPA networks to transfer data to the Agency using systems other than the Environmental Information
Exchange Network or EPA's Central Data Exchange. The recipient will be in compliance with this
condition: (i) by including this requirement in subaward agreements; and (ii) during subrecipient
monitoring deemed necessary by the recipient under 2 CFR 200.332(d), by inquiring whether the
subrecipient has contacted the EPA Project Officer. Nothing in this condition requires the recipient to
contact the EPA Project Officer on behalf of a subrecipient onto be involved in the negotiation of an
Interconnection Service Agreement between the subrecipient and EPA.
F. Signage
The FY 2022 Consolidated Appropriations Act (Pub. Law 117-103), FY 2023 Consolidated
Appropriations Act (Pub. Law 117- 328), and FY 2024 Consolidated Appropriations Act (Pub. Law 118-
42) provide that those federal requirements that would apply to a Clean Water State Revolving Fund
CG-OOA01650-0 Page 13
(CWSRF) or Drinking Water State Revolving Fund (DWSRF) project grant recipient shall apply to a
grantee receiving a Community Grant. Consequently, these Appropriations Acts extend Signage
requirements applicable to SRF projects to Community Grants. The recipient agrees to comply with the
SRF Signage Guidelines in order to enhance public awareness of EPA assistance agreements
nationwide.
Basic Requirements
Recipients should note that they have the option of selecting different implementation options depending
on the location, project type, and available resources. The costs of compliance with the signage
requirements are allowable under the grant, provided the costs are reasonable. Recipients must ensure
limited English proficient individuals have meaningful access to activities receiving EPA funds, consistent
with Executive Order 13166 and EPA Order 1000.32. In this regard, to increase public awareness of
projects serving communities where English is not the predominant language, EPA encourages
recipients to translate the language used (excluding the EPA logo or sea]) into the appropriate non-
English language(s). The costs of such translation are allowable under the grant, provided the costs are
reasonable.
3
3
Summary of Options
i
The SRF Signage Guidelines present a number of options which communities can explore to implement
EPA's signage policy. The option selected should meet all of the Basic Requirements above while
remaining cost-effective and accessible to a broad audience. The following strategies are acceptable
options for communities to follow:
Standard Signage
Posters or wall signage in a public building or location
Newspaper or periodical advertisement for project construction, groundbreaking ceremony, or
operation of the new or improved facility
Online signage placed on community website or social media outlet
Press release
Each of these options is described in more detail in the sections below.
Implementation Option: Standard Signage
EPA recommends that large projects that involve significant expansion or construction of a new facility
elect to publicize through standard signage. This option should be selected for projects where the sign
would be near a major road or thoroughfare or where the facility is in a location at which this would
effectively publicize the upgrades. Some facilities will not find this an appropriate or cost-effective
solution. For example, investing in a large road sign for a facility that is located in a rural area or where
access is limited to a smaller service road would likely not be an optimal solution.
Signs can also be located away from the project site if there is another reasonable alternative. For
example, a community may elect to place a sign advertising the project near a body of water that
CG - 0OA01650 - 0 Page 14
receives discharge from a particular facility.
Recipients selecting projects that will implement this requirement through use of a traditional sign should
ensure the following are included:
The name of the facility, project, and community
Project cost (total grant award amount, i.e., federal share plus recipient contribution)
The EPA and Recipient logos (EPA logo may only be used on a sign)
If the EPA logo is displayed along with logos of other participating entities, the EPA logo must not be
displayed in a manner that implies that EPA itself is conducting the project. Instead, the EPA logo must
be accompanied with a statement indicating that the recipient received financial assistance from EPA for
the project. As provided in the sign specifications from the EPA Office of Public Affairs (OPA), the EPA
logo is the identifier for assistance agreement projects. Recipients are responsible to comply with the
sign specifications provided by the OPA, available at https://www.epa.gov/sites/default/files/2015-
01/documents/epa logo seal specifications for infrastructure
_grants.pdf. To obtain the appropriate
EPA logo graphic file, the recipient should send a request directly to OPA and include the EPA Project
Officer in the communication; contact information can be found at hftps://www.epa.gov/aboutepa/using-
epa-seal-and-logo#download.
Implementation Option: Posters, Brochures, and/or Pamphlets
Smaller projects, projects located in rural areas, and other efforts may find that it is more cost-effective
and practical to advertise efforts through creation of a poster or smaller sign. If the project involves
nonpoint source or green infrastructure components, those can be described at the discretion of the
recipient.
The poster or brochure and acknowledgement should be visible, as well as a website or other source of
information for individuals that may be curious about the Community Grants program. The recipient may
also implement this option as a short pamphlet that is placed in one of the locations noted below for
community members to read.
Posters, brochures, and/or pamphlets should be placed in a public location that is accessible to a wide
audience of community members. This can include, but is not limited to:
Town or City Hall
Community Center
Locally owned or operated park or recreational facility
Public Library
County/municipal government facilities
Court house or other public meeting space
CG - OOA01550 - 0 Page 15
Given the low cost for producing multiple copies of the same poster, brochure, and/or pamphlet,
communities can explore options for displaying these posters in several locations simultaneously. This
would achieve the overall objective of reaching a broad audience and publicizing the project.
Projects that will implement this requirement through use of posters, brochures, and/or pamphlets should
ensure the following are included:
Name of facility, project, and community
Project is wholly or partially funded with EPA funding
Brief description of project
Brief description of the water quality benefits the project will achieve
Implementation Option: Newsletters, Periodicals, and/or Press Releases
For communities where there is no suitable public space or where advertisement through signage is
unlikely to reach community members effectively, projects can be advertised in a community newsletter
or similar periodical. States can use guidelines from their standard public notice practices. For new
construction, if a groundbreaking ceremony is to be held, an announcement could publicize or
accompany publicity for this event. j
In some cases, it may be appropriate for the recipient to issue a formal press release announcing
construction of a new facility. Distributing a single prepared statement concisely summarizing the project
purpose and the joint funding from EPA and community resources can reach a wide audience as the
statement goes through multiple news outlets.
If the recipient decides on a public and/or media event to publicize the accomplishment of significant
events related to the project as a result of EPA support, the recipient must provide EPA with at least ten
working days' notice of the event and the opportunity to attend and participate in the event.
Recipients that will implement this requirement through use of a newsletter, periodical, or press release
should ensure the following are included:
Name of facility, project, and community
Project is wholly or partially funded with EPA funding
Brief description of project
Brief description of the water quality benefits the project will achieve
Implementation Option: Inserts and/or Pamphlets in Water/Sewer Bills
Utilities can consider including a single -page insert within water and sewer bills that are mailed to
residents and users in the affected community. This approach would effectively publicize the project to
those individuals directly benefitting from the project. The flyer or insert could emphasize the
environmental and public health benefits to the community.
CG-OOA01550-0 Page 16
Recipients that will implement this requirement through use of a newsletter, periodical, or press release
should ensure the following are included:
Name of facility, project, and community
Project is wholly or partially funded with EPA funding
Brief description of project
Brief description of the water quality benefits the project will achieve
Implementation Option: Online and/or Social Media Publicity
Many communities are increasingly finding that the internet is the most cost-effective approach to
publicizing their projects and reaching a broad audience of stakeholders. Online "signage" should follow
the minimum information guidelines above and may appear on the town, community, and/or facility
website if available. In some cases, communities may be active on social media sites such as Facebook
or X, formally known as Twitter. These can be used as an opportunity for publicizing projects and
information about how EPA funds are being used in the community.
These online announcements/notices may be appropriate for settings where physical signage would not
be visible to a wide audience. They can be a more cost-effective option than traditional signs or publicity
in print media outlets. This option may be most useful where the community's website is a well -
recognized source of information for its residents.
In the case of some projects, such as nonpoint source, there might be additional opportunities for online
publicity through partner agencies or organizations. This could take place either on the organization's
website or through other social media outlets.
Projects that will implements this requirement through use of online and/or social media publicity should
ensure the following are included:
Name of facility, project, and community
Project was wholly or partially funded with EPA funding
Brief description of the project
Brief listing of water quality benefits to be achieved
Suggested Language for Alternate Options
For any of the alternate implementation options listed above, recipients have discretion to structure their
signage as they see appropriate. The language below is offered as an option for use in posters,
pamphlets, brochures, press releases, and/or online materials. Communities may consider using the
following:
"Construction of upgrades and improvements to the [Name of Facility, Project Location, or
WWTP] were financed by the grant funding administered by the U.S. Environmental Protection
CG - 0OA01550 - 0 Page 17
Agency (EPA). EPA's Community Grant Program. This project will (description of project) and
will provide water quality benefits [details specifying particular benefits] for community residents
and businesses in and near (name of town, city, and/or water body or watershed to benefit from
project.)"
For projects in certain areas, recipients should consider whether it is appropriate to include additional
details about the project. Specific benefits, such as reduction of CSO events, lessening of nutrient
pollution, reducing contaminant levels or water pumping costs, or improvements to a particular water
body, may be of interest to community residents. In these cases, including additional detail would further
serve to showcase positive efforts financed by EPA. Additionally, recipients may elect to detail
improvements in energy efficiency or water conservation achieved by project upgrades. If the project
includes green infrastructure components such as rain gardens and green roofs that have environmental
and aesthetic benefits to the community, these can be described briefly as well. Again, this additional
information can be included at the discretion of the recipient when it is appropriate, given the project
type, location, and the type of signage or publicity effort selected.
G. Public or Media Events
The recipient will notify the EPA Project Officer listed in this award document of public or media events
publicizing the accomplishment of significant events related to the project as a result of EPA support and
provide the opportunity for attendance and participation by federal representatives with at least ten
working days notice.
H. Federal Cross -cutting Requirements/Other Applicable Federal Laws
Recipient must comply with federal cross -cutting requirements as well as other applicable federal laws as
provided in EPA's Community Grants Program Final Implementation Guidance. For additional
information on cross -cutting requirements, as well as applicability for recipients and subrecipients, visit
https•//www epa aov/grants/epa-subaward-cross-cutter-requirements.
I. American Iron and Steel (AIS)
AIS requirements apply to State Revolving Fund assistance agreements signed on or after January 17,
2014, including all treatment works projects funded by a CWSRF assistance agreement and all public
water system projects funded by a DWSRF assistance agreement. Based on the directive
Congressional language in the FY 2022, FY 2023, and FY 2024 Consolidated Appropriations Acts' (i.e.,
"Applicable Federal requirements that would apply to a Clean Water State Revolving Fund or Drinking
Water State Revolving Fund project grant recipient shall apply to a grantee receiving a CPF grant under
this section"), AIS requirements apply to this award agreement.
(a) Definitions. As used in this award term and condition—
(1) "iron and steel products" mean the following products made primarily of iron or steel, where
"primarily" means 50% or greater iron/steel, measured by materials costs: lined or unlined pipes
and fittings, manhole covers and other municipal castings, hydrants, tanks, flanges, pipe clamps
and restraints, valves, structural steel, reinforced precast concrete, and ferrous construction
materials.
(2) "steel" means an alloy that includes at least 50 percent iron, between .02 and 2 percent
CG - 0OA01550 - 0 Page 15
carbon, and may include other elements.
(b) Domestic preference
(1) This award term and condition requires that all iron and steel products used for a project for
the construction, alteration, maintenance or repair of a public water system or treatment work are
produced in the United States except as provided in paragraph (b)(2) of this section and
condition. "Produced in the United States means all manufacturing processes, beginning with
initial melting, must occur in the United States.
(2) This requirement shall not apply in any case or category of cases in which the Administrator of
the Environmental Protection Agency finds that—
(i) applying the requirement would be inconsistent with the public interest;
(ii) iron and steel products are not produced in the United States in sufficient and
reasonably available quantities and of a satisfactory quality; or
(iii) inclusion of iron and steel products produced in the United States will increase the
cost of the overall project by more than 25 percent.
(3) The Build America, Buy America (BABA) Act requirements do not supersede the AIS
requirements, and both provisions still apply and work in conjunction. Compliance with AIS
requirements meets the BABA requirements for iron and steel.
(c) Request for a Waiver under (b)(2) of this section
(1) Any recipient request to use foreign iron or steel products in accordance with paragraph
(b)(2) of this section shall include adequate information for federal Government evaluation of the
request, including—
(i) A description of the foreign and domestic iron and/or steel, ;
(ii) Unit of measure;
(iii) Quantity;
(iv) Cost;
(v) Time of delivery or availability;
(vi) Location of the project;
(vii) Name and address of the proposed supplier; and
(viii) A detailed justification of the reason for use of foreign iron or steel products cited in
accordance with paragraph (b)(2) of this section.
CG - 0OA01550 - 0 Page 19
(2) If the Administrator receives a request for a waiver under this section, the waiver request shall
be made available to the public for at least 15 days prior to making a finding based on the
request.
(3) Unless the Administrator issues a waiver of this term, use of foreign iron and steel products is
noncompliant with Section 608 of the Clean Water Act and Section 1452(a)(4) of the Safe
Drinking Water Act.
(d) This term and condition shall be applied in a manner consistent with United States obligations under
international agreements.
J. Build America, Buy America Act
This term and condition supplements the "Build America, Buy America" tens and condition Included in
EPNs General Terms and Conditions.
(a) Definitions.
As used in this award term and condition —
(1) 'Build America, Buy America Preference" means the "domestic content procurement
preference" set forth in section 70914 of the Build America, Buy America Act, which requires the
head of each Federal agency to ensure that none of the funds made available for a Federal
award for an infrastructure project may be obligated unless all of the iron, steel, manufactured
products, and construction materials incorporated into the project are produced in the United
States.
(2) 'Infrastructure" encompasses public infrastructure projects in the United States, which
includes, at a minimum, the structures, facilities, and equipment for roads, highways, and bridges;
public transportation; dams, ports, harbors, and other maritime facilities; intercity passenger and
freight railroads; freight and intermodal facilities; airports; water systems, including drinking water
and wastewater systems; electrical transmission facilities and systems; utilities; broadband
infrastructure; and buildings and real property; and structures, facilities, and equipment that
generate, transport, and distribute energy including electric vehicle (EV) charging.
(3) "Infrastructure Project' means any activity related to the construction, alteration, maintenance,
or repair of infrastructure in the United States regardless of whether infrastructure is the primary
purpose of the project.
(b) Domestic Preference.
This term and condition implements the Infrastructure Investment and Jobs Act, Pub. L. No. 117-68,
including Build America, Buy America Act, Pub. L. No. 117-58, §§70901-52. None of the funds provided
under this award may be used for a project for infrastructure unless:
(1) all iron and steel used in the project are produced in the United States --this means all manufacturing
processes, from the initial melting stage through the application of coatings, occurred in the United
States;
CG - 0OA01550 - 0 Page 20
(2) all manufactured products used in the project are produced in the United States —this means the
manufactured product was manufactured in the United States; and the cost of the components of the
manufactured product that are mined, produced, or manufactured in the United States is greater than 55
percent of the total cost of all components of the manufactured product, unless another standard that
meets or exceeds this standard has been established under applicable law or regulation for determining
the minimum amount of domestic content of the manufactured product; and
(3) all construction materials are manufactured in the United States. All manufacturing processes for the
construction material occurred in the United States. Construction materials includes an article, material,
or supply —other than an item of primarily iron or steel; a manufactured product; cement and
cementitious materials; aggregates such as stone, sand, or gravel; or aggregate binding agents or
additives —that is or consists primarily of:
non-ferrous metals;
plastic and plymer-based products (including polyvinylchloride, composite building materials,
and polymers used in fiber optic cables);
fiber optic cable (including drop cable);
optical fiber;
glass (including optic glass);
lumber;
drywall; and
engineered wood
(4) The Build America, Buy America preference only applies to articles, materials, and supplies that are
consumed in, incorporated into, or affixed to an infrastructure project. As such, it does not apply to tools,
equipment, and supplies, such as temporary scaffolding, brought to the construction site and removed at
or before the completion of the infrastructure project. Nor does a Buy America preference apply to
equipment and furnishings, such as movable chairs, desks, and portable computer equipment, that are
used at or within the finished infrastructure project but are not an integral part of the structure or
permanently affixed to the infrastructure project.
(c) Waiver Request.
(1) When necessary, recipients may apply for a waiver from these requirements.
(2) A request to waive the application of the domestic content procurement preference must be in writing
and submitted following the waiver instructions at https://www.epa.gov/cwsrf/build-america-buy-america-
baba.
(3) Waiver requests are subject to public comment for at least 15 days prior to making a finding based on
the request.
CG-OOA01550-0 Page 21
(4) Waiver requests are subject to review by the Office of Management and Budget's Made in America
Office.
(5) There may be instances where an award qualifies, in whole or in part, for an existing waiver
described at https://www.epa qov/cwsrf/build-america-buy-america-baba-approved-waivers.
(6) The U.S. Environmental Protection Agency may grant a waiver based upon one of the exceptions as
established in Section 70914(b) of the Infrastructure Investment and Jobs Act and further described in
the Office of Management and Budget Memorandum M-24-02-.
(7) Any recipient waiver request to use foreign iron, steel, manufactured products, and/or construction
materials in an infrastructure project shall include adequate information for the Federal Government
evaluation of the request, Including —
I. The Federal Award Identification Number (FAIN);
ii. Location and description of the project;
Ill. Total cost of infrastructure expenditures, including federal and non-federal funds;
iv. List of iron or steel item(s), manufactured products, and construction material(s) proposed to
be excepted from Buy America requirements, including name, cost, country(ies) of origin (if
known), relevant Product Services Code (PSC) and North American Industry Classification
System (NAICS) code for each, unit of measure, quantity, time of delivery or availability, and
name and address of the proposed supplier;
v. Project schedule including earliest targeted installation dates of items requested to be waived;
vi. A detailed justification of the reason for use of foreign iron, steel, manufactured products,
and/or construction materials;
vii. Recipient's Unique Entity Identifier (UEI);
vii. Anticipated impact if no waiver is issued; and
viii. A certification that the federal official or assistance recipient made a good faith effort to solicit
bids for domestic products supported by terms included in requests for proposals, contracts, and
nonproprietary communications with the prime contractor.
(8) Unless a waiver applies, use of foreign iron, steel, manufactured products, and/or construction
materials that are consumed in, incorporated into, or affixed to an infrastructure project is noncompliant
with this term and condition pursuant to the Infrastructure Investment and Jobs Act, Pub. L. No. 117-58,
including Build America, Buy America Act, Pub. L. No. 117-58 §§70901-52.
(d) Waiver Evidence Submission.
(1) The recipient must maintain documentation of any use of materials which are considered de minimis
and are covered by an existing waiver (e.g. miscellaneous, generally low-cost products that are essential
for construction and are incorporated into the physical structure of the project) with grant project files for
CG - OOA01550 - 0 Page 22
a period of three years from the date of submission of the final expenditure report, in accordance with 2
CFR 200.334.
(2) If the recipient seeks coverage under an existing general applicability BABA waiver, the recipient
agrees to submit available evidence to the EPA Project Officer to support such a determination as
identified in the BABA waiver. The recipient shall maintain this evidence with grant project files for a
period of three years from the date of submission of the final expenditure report, in accordance with 2
CFR 200.334.
K. Environmental Review
In accordance with the requirements of the National Environmental Policy Act, EPA has issued a
categorical exclusion for this project in accordance with provisions in 40 CFR Part 6. If EPA determines
that a categorical exclusion is not appropriate for this project, the recipient agrees to submit information
necessary for EPA to prepare an Environmental Assessment and issue a Finding of No Significant
Impact. If the scope of the project changes, the recipient understands that additional environmental
review may be necessary.
L. Davis -Bacon Labor Standards
1. Program Applicability
a. Program Name: Community Grants Program
b. Statutes requiring compliance with Davis -Bacon:
Consolidated Appropriations Act, 2022 (P.L. 117-103);
Consolidated Appropriations Act, 2023 (P.L. 117-328); and
Consolidated Appropriations Act, 2024 (P.L. 118-42)
c. Activities subject to Davis -Bacon:
For Community Grants Projects that are Inclusive of CWSRF-eligible activities: Treatment
works constructed in whole or in part with assistance made available by the FY 2022, FY 2023,
and/or FY 2024 Consolidated Appropriations Acts discussed in section b.
For Community Grants Projects that are Inclusive of DWSRF-eligible activities: Any
construction project carried out in whole or part with assistance made available by the FY 2022,
FY 2023, and/or FY 2024 Consolidated Appropriations Acts discussed in section b.
d. The recipient must work with the appropriate authorities to determine wage classifications for the
specific project(s) or activities subject to Davis Bacon under this grant (or cooperative agreement).
2. Davis -Bacon and Related Acts
Davis -Bacon and Related Acts (DBRA) is a collection of labor standards provisions administered by the
Department of Labor, that are applicable to grants involving construction. These labor standards include
the:
CG-OOA01550-0 Page 23
Davis -Bacon Act, which requires payment of prevailing wage rates for laborers and mechanics
on construction contracts of $2,000 or more;
Copeland "Anti -Kickback" Act, which prohibits a contractor or subcontractor from inducing an
employee into giving up any part of the compensation to which he or she is entitled; and
Contract Work Hours and Safety Standards Act, which requires overtime wages to be paid for
over 40 hours of work per week, under contracts in excess of $100,000
3. Recipient Responsibilities When Entering Into and Managing Contracts:
a. Solicitation and Contract Requirements:
i. Include the Correct Wage Determinations in Bid Solicitations and Contracts: Recipients are
responsible for complying with the procedures provided in 29 CFR 1.6 when soliciting bids and
awarding contracts.
ii. Include DBRA Requirements in All Contracts: Include the following text on all contracts under
this grant:
"By accepting this contract, the contractor
b. After Award of Contract:
and agrees to the terms provided in the
Under EPA Grants."
I. Approve and Submit Requests for Additional Wages Rates: Work with contractors to request
additional wage rates if required for contracts under this grant, as provided in 29 CFR 5.5(a)(1)
ii'
ii. Provide Oversight of Contractors to Ensure Compliance with DBRA Provisions: Ensure
contractor compliance with the terms of the contract, as required by 29 CFR 5.6.
4. Recipient Responsibilities When Establishing and Managing Additional Subawards:
a. Include DBRA Requirements in All Subawards (including Loans): Include the following text on all
subawards under this grant:
"By aooepting this award, the EPA subrecipient acknowledges and agrees to the terms and
conditions provided In the DBRA Requirements for EPA Subrecipients."
b. Provide Oversight to Ensure Compliance with DBRA Provisions: Recipients are responsible for
oversight of subrecipients and must ensure subrecipients comply with the requirements in 29 CFR 5.6.
5. The contract clauses set forth in this Term & Condition, along with the correct wage determinations,
will be considered to be a part of every prime contract covered by Davis -Bacon and Related Acts (see 29
CFR 5.1), and will be effective by operation of law, whether or not they are included or incorporated by
reference into such contract, unless the Department of Labor grants a variance, tolerance, or exemption.
CG - 00AG1660 - 0 Page 24
Where the clauses and applicable wage determinations are effective by operation of law under this
paragraph, the prime contractor must be compensated for any resulting increase in wages in accordance
with applicable law.
M. Conditional Award
n/a
N. In -fend Assistance
We
O. Geospatial Data Standards
We
P. Equipment Disposition
n/a
Q. Real Property
We
R. Sites, Easements, and Rights -of -Way
n/a
S. Recipient Work Force
n/a
T. Flood Insurance
n/a
U. Operation and Maintenance
The recipient agrees that that it will properly operate and maintain all facilities that are partially or wholly
funded by this grant for the useful life of the facilities as described below.
Useful Life Timeframes
- Land - Permanent
- Wastewater/Water Conveyance Structures: collection systems, pipes, interceptors, force mains,
tunnels, distribution lines, etc. - 40 years
• Other Structures: plant buildings, concrete tankage, basins, lift stations and pump station
CG-OOA07550-0 Page 25
structures, inlet structures, etc. - 30 years
• Wastewater and Drinking Water Process Equipment - 15 years
• Auxiliary Equipment - 10 years
V. Small Unmanned Aircraft Systems, a.k.a. drones, Purchases and Operation Costs
n/a
vVAa LNG
Woodard & Curran New England, Inc.
40 Shattuck Road I Suite 110
Andover, Massachusetts 01810
www.woodardcurran.com
Via Electronic Mail
October 17, 2024
Shawn W. Precourt
Woodard
Town of Mansfield
Water Operations Manager
& Curran
5008 East Street
Mansfield, MA 02048
Re: Lead and Copper Rule Compliance Engineering Services — Amendment 1
Mansfield, Massachusetts (DWSRF#18931)
Dear Mr. Ahern:
T 800.426.4262
T 978.557.8150
F 978.557.7948
Woodard & Curran New England, Inc. (Woodard & Curran) is pleased to present this proposed
Amendment 1 to our agreement dated March 27, 2024 to provide professional engineering
services for developing a Lead Service Line Inventory, Replacement Plan and Inspections
Program for Inventory Support.
This Amendment 1 will be completed in accordance with the Professional Services Agreement
Required Provisions and Terms and Conditions as defined in the original agreement (lead and
Copper Rule Compliance Engineering Services dated March 27, 2024.
SCOPE OF SERVICES
Woodard & Curran's original scope of work included in the above referenced proposal
contained three phases:
Phase 1: Service Line Inventory
Phase 2: Lead Service Line Replacement Plan
Phase 3: Inspections for Inventory Support
Changes to the scope following kickoff of the project have been required in response to new
MassDEP guidance to identify the number of unknown service lines. This Amendment 1
modifies our original Phase 3 authorization to account for the following changes and their
associated costs. Phases 1 & 2 remain unchanged:
Phase 3: Modification 1 — Statistical Analysis & Predictive Modeling
As a result of the Phase 1 desktop records review finding no known lead in the
Mansfield system, we have added a statistical analysis task to Phase 3 to achieve a non -
lead designation at a 99% confidence interval in accordance with MassDEP Drinking
Water Program's revised Statistical and Predictive Modeling Guidance for Evaluating
Unknown Service Lines issued on May 1, 2024. The released guidance for statistical
model confidence intervals has resulted in the need to modify the scope to comply and
has increased the budget. Statistical analysis is suitable for systems where lead service
lines are unlikely to be found, as is the case for Town of Mansfield. In the event that a
lead service line is found, the statistical analysis will need to transition into a predictive
model. We propose to amend the Phase 3 scope to include statistical analysis. If lead
service lines are found, a predictive model will be required and a budget increase will
be needed. The amended budget for the statistical analysis to achieve a 99%
confidence interval represents an increase of $55,000.
Woodard Phase 3: Modification 2 — Potholing
& Curran Potholing is a recommended option for confirming service line materials on both the
public and private side. Our original proposal included only house inspections to
confirm the private side of the service line material. This Amendment 1 includes
potholing of a minimum of 364 services to achieve a 99% confidence interval for a non -
lead designation in accordance with MassDEP Drinking Water Program's revised
Statistical and Predictive Modeling Guidance for Evaluating Unknown Service Lines
issued on May 1, 2024. The released guidance for statistical model confidence intervals
has resulted in the need to modify the scope to comply and has increased the budget..
The amended budget for potholing to achieve a 99% confidence interval represents an
increase of $285,000.
The below sections include stFikeeuts to note deletions in scope and underlines to denote
additions/updates to the scope.
Phase 3 — Inspections for Inventory Support (Amended Scope)
A portion of the services of unknown material that were identified in the lead service line
inventory developed under Phase 1 will be investigated in Phase 3. Available information and
physical inspections will be used to verify service material for the unknown services. Phase 3
will include the following tasks:
Task 1: Subcontractor Setup & Oversight (Ongoing)
Engage qualified subcontractors for statistical analysis, pFedictive
meter inspections, and vacuum excavations as
required. Oversee as necessary.
Task 2: Statistical Analysis
1. Utilizing the Town's existing inventory. Woodard & Curran's subconsultant will
evaluate existing data and formulate a recommended inspection list It is anticipated
that a minimum of 364 of the Town's unknown service lines will need to be
elements included as part of this task are:
i. Existina Inventory Data Digestion:
ii. Inventory and Recommended Inspections Dashboard:
iii. Model review and reporting: and
iv. Material Predictions in Compliance with MassDEP Template
Instructions
Task 32: Physical Inspections (Not Started)
Town of Mansfield (0235472.00) 2 Woodard & Curran New England, Inc.
Town of Mansfield LSLI & LSRP_Amendment FINAL Amendment 1 October 17, 2024
1. Notices shall be sent to property owners with information on how to self -report
service line information and to notify of the inspection process. Notices may be in
the form of letters, post cards, door hangers, or other methods as determined by
the Town and Woodard & Curran and mutually agreed upon at the onset of the
project.
Woodard 2. Identify a minimum of 364 public and private services for inspection using statistical
&Curran analysis to achieve a 99% confidence interval for non -lead designation in
accordance with guidance from subconsultant Inspection methods anticipated for
utilization include:
a. Markout services to locate and flag service line curb stops for quicker
mobilization and demobilization during potholing;
b. Potholing at the curb stop at random water services with unknown service
c. Service line material inspections at the water meter where the material from
main to curb stop is known but the material from curb stop to meter is
unknown.
3. Assist the Town with coordination of in-house meter inspections where applicable.
4. Data will be compiled, reviewed, and utilized to update the Town's inventory
developed under Phase I. A technical memorandum summarizing the results of the
in -home and pothole inspections will be completed and submitted to the Town.
RESPONSIBILITY OF THE TOWN
There are no additional responsibilities required by the Town for the scope of services included
herein.
ASSUMPTIONS
The following are additional assumptions and understandings to our original scope of services
and apply to the scope of services, schedule, and budget described herein. The underlined text
below reflect updates to existing assumption(s) from the original scope of services that have
been modified to account for the services included in this amendment.
1. The inspection dashboard hosting subscription will be paid for one year as part of
this work, After one year, hosting will need to be either transferred to the Town or
passed on to the Town via a separate invoice.
2. The Phase 3 budget assumes 750 total physical service inspections from within
dwellings and 364 pothole investigations.
3. This Amended Scope of Services assumes no lead service lines will be identified
during investigations. If lead -containing service line materials are identified during
investigations and the Town of Mansfield does not meet a non -lead designation
following investigation, additional modeling will need to occur to identify other lead
service lines that may be present within the Town. Such additional modeling is
outside of this Amended Scope of Services.
Town of Mansfield (0235472.00) 3 Woodard & Curran New England, Inc.
Town of Mansfield LSLI & LSRP_Amendment_FINAL Amendment 1 October 17, 2024
4. Town of Mansfield to complete water service line markout at the proposed pothole
investigation locations.
5. Construction support and legal assistance related to LSL replacement is not included
in this Proposal. These services may be provided under a separate Agreement.
6. This Amended Scope of Services shall be subject to the Terms and Conditions of the
initial March 27, 2024 Engineering Services Agreement between Woodard & Curran
and Town of Mansfield.
(Phase 1 & 2 scopes remain unchanged from our initial authorization)
COMPENSATION
The proposed budget for completion of the work described herein is summarized below.
Phases 1 and 2 will be completed on a Lump Sum basis and Phase 3 will be completed on a
Time and Material Basis:
Phase
)Original tstdgeif'
Fropcsed Attlitldnalwdget'rposedtntal
.:...
A!►re6detl134d et
Phase 1
$80,000
$0 (No Change)
$80,000
Phase 2
$70,000
$0 (No Change)
$70,000
Phase 3
$150,000
Modification 1: $55,000
$490,000
Modification 2: $285,000
Total Fee
$300,000
$340,000
$640,000
Woodard & Curran will submit monthly invoices for the services completed during the previous
billing period.
Services will be provided in accordance with the attached Terms and Conditions between
Woodard & Curran and the Town of Mansfield.
SCHEDULE
The Scope of Services will be performed in accordance with the following schedule:
Town of Mansfield (0235472.00) 4 Woodard & Curran New England, Inc.
Town of Mansfield LSLI & LSRP Amendment_FINAL Amendment 1 October 17, 2024
wl
Phase
Original Schedule
Amendment 1 Schedule
1 — Service Line Inventory
10/16/24
10/16/24 (No Change)
2 — Lead Service Line
10/16/24
Online LSLRP Template
Replacement Plan
Submission: 10/16/24
Replacement Plan:
Draft to Town — 7/31/25
Final — Prior to LCRI
Regulation Required
Submission Date
3 — Inspections for
Prior to Mass DEP Grant
Prior to MassDEP Grant
Inventory Support
Expiration
Expiration (5/30/2026)
We look forward to continuing to work together on this important project for the Town of
Mansfield. Please call me at 781.613.0457 or email me atjtroidl@woodardcurran com if we can
provide any additional information or answer any questions.
Sincerely,
WOODARD & CURRAN, INC.
Jack Troidl
Senior Client Manager
P#: P235472.00
Town of Mansfield (0235472,00) 5 Woodard & Curran New England, Inc.
Town of Mansfield LSLI & LSRP_Amendment FINAL Amendment 1 October 17, 2024
APPROVAL
Approval of this proposal by the Town of Mansfield will authorize Woodard & Curran New
25� England, Inc. to proceed and will formulate our Agreement. The attached Terms and Conditions
are made part of this Agreement.
Woodard Please examine the proposal and indicate your approval and acceptance to proceed by signing
& Curran in the space below and signing the Terms and Conditions. The project will be completed in
accordance with the scope of services and schedule presented. The budget will not be exceeded
without prior approval.
Please return one copy of the signed approval to me.
IN WITNESS THEREOF, Woodard & Curran New England, Inc. by its duly authorized Officer, and
the Town of Mansfield have executed this Agreement as the date and year written below.
DATED this \Q day of 1�m2024.
WOODARD & CURRAN NEW
ENGLAND, INC.
Signature
Robert Little, P.E.
Name (printed)
Senior Vice President
Title
TOWN OF MANSFIELD
Town of Mansfield (0235472.00) 6 Woodard & Curran New England, Inc.
Town of Mansfield LSLI & LSRP Amendment_FINAL Amendment 1 October 17, 2024
ATTACHMENT A: PREDICTIVE MODELING DISCLOSURE
Town of Mansfield (0235472.00) 7 Woodard & Curran New England, Inc.
Town of Mansfield LSLI & LSRP_Amendment FINAL Amendment 1 October 17, 2024
ATTACHMENT A
Predictive Modeling Disclosure
The parties agree that many utilities do not have complete or accurate service line
material records. Field verification of all unknown service line materials (with exception
to service installed after 1987) on the publicly -owned side and privately -owned side of
a service line may be impractical or economically infeasible. Data science may be used
to predict unknown service line materials using a combination of many model inputs,
including existing utility records, build year, zoning, demographics, water quality data,
and information on hydrants and water mains. There are two available data science
methods —predictive modeling and statistical analysis. Predictive modeling is an
iterative process whereby model predictions improve through the input of as much
verified data as possible to train the model Statistical analysis is a process whereby a
set of service lines are identified as a representative sample of the entire system's
services. Statistical analysis will identify a series of services lines where, if those service
lines are found not to contain lead, all the system's services can be considered not to
contain lead up to a specified confidence interval. Statistical analysis is proposed for
the Town of Mansfield (Town). If lead is found, the statistical analysis will transition into
a predictive model.
The parties agree that the scope of services shall include utilization of predictive
modeling and/or statistical analysis in a manner consistent with all MassDEP guidance
around statistical analysis and predictive modeling, including MassDEP's "Statistical
(Predictive) Modeling Guidance for Evaluating Unknown Service Lines, May 2024". The
results of the predictive modeling and/or statistical analysis will be utilized to complete
and/or supplement the Town service line inventory (SLI) associated with the Lead and
Copper Rule Revisions (LCRR) requirements. The Town agrees and acknowledges that
material predictions for the Town's unknown service lines generated by predictive
modeling and/or statistical analysis are not intended to be used as a substitute for field
verification. Rather, they are a tool to predict lead and non -lead services at specified
degree of accuracy/confidence based on the number of investigations performed
within a group of unknown service lines.
Woodard & Curran will subcontract with Trinnex to perform the predictive modeling
and/or statistical analysis using their software platform LeadCAST. To complete this
work, Woodard & Curran will have a 1-year subscription for the LeadCAST platform.
The Town acknowledges that unless written notice is provided to Woodard & Curran
by October 1st, 2025 requesting a subscription renewal, that the subscription to this
platform will be suspended after the 1-year subscription term included in this scope.
A subscription renewal would require a contract amendment. At the conclusion of this
project, Trinnex will provide a compiled inventory from all documented and verified
sources of information, including analyses predicting the presence of lead service lines,
that Woodard & Curran will use to complete and/or supplement the required MassDEP
inventory spreadsheet. The SLI delivered to the Town at the conclusion of this effort
will compile and retain documentation of service line identification efforts and how the
lead status of services was predicted and the confidence of those predictions. State
primacy agencies may require additional field service line investigation for verification
of the predictive modeling and/or statistical analysis results after initial submission for
compliance or as a requirement of future regulations. These efforts are not included
in this current scope of work.
The Town agrees to the use of predictive modeling and/or statistical analysis as a tool
for developing a full SLI to meet the LCRR reporting requirements. The Town
acknowledges while predictive modeling and/or statistical analysis can be leveraged
to aid the Town in its decision making for preparing budgets for replacement
programs, the nature of predictive modeling and/or statistical analysis means that
there could be errors in the model results. Consequently, the Town agrees that W&C
shall not be liable for claims, damages, losses, fines, suits or causes of action relating
to or arising from the use of predictive modeling and/or statistical analysis, and shall
defend, indemnify and hold Consultant harmless from and against any and all related
claims.
The Town further acknowledges and agrees that Consultant and its subcontractors
shall own the source code, ideas, methods of operation, processes, know-how and all
right, title and interest in and to all intellectual property rights including without
limitation, all patent, copyright, trade secret and trademark rights, associated therewith
(including all derivatives or improvements thereof) relating to the predicative modeling
and/or statistical analysis, including but not limited to those associated with any
related proprietary platforms.