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R-08-09-25-14E2 - 9/25/2008RESOLUTION NO. R -08-09-25-14E2 WHEREAS, the City of Round Rock wishes to enter into a Cooperative Agreement with The Department of the Interior, Bureau of Reclamation, for the Williamson County Water Reclamation and Reuse Project, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Cooperative Agreement with The Department of the Interior, Bureau of Reclamation, a copy of same being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 25th day of September, 2008. 0? -A. ALAN MCGRAW, Mayor City of Round Rock, Texas ATTEST: SARA L. WHITE, City Secretary 0:\WDOX\RESOLUTI\R80925E2.DOC/rmc Cooperative Agreement No. 08FC602334 COOPERATIVE AGREEMENT BETWEEN THE CITY OF ROUND ROCK AND THE BUREAU OF RECLAMATION FOR THE WILLIAMSON COUNTY WATER RECLAMATION AND REUSE PROJECT 1. AUTHORITY This Cooperative Agreement (agreement) is entered into between the United States of America, acting through the Department of the Interior, Bureau of Reclamation, hereinafter referred to as "Reclamation", and the City of Round Rock hereinafter referred to as the "City" is entered into pursuant to the Reclamation Wastewater and Groundwater Study and Facilities Act of 1992, Public Law 102-575, Title XVI, Section 1621, as amended by the Williamson County Water Recycling Act of 2004, P. L. 108-316, dated Oct. 5, 2004. P.L. 102-575, Title XVI as amended, directs the Secretary of the Interior to "undertake a program to investigate and identify opportunities for reclamation and reuse of municipal, industrial, domestic, and agricultural wastewater, and naturally impaired ground and surface waters, for the design and construction of demonstration and permanent facilities to reclaim and reuse wastewater." Section 1602(c) states, "The Secretary is authorized to enter into such agreements and promulgate such regulations as may be necessary to carry out the purposes and provisions of this title". Section 1604 further authorizes the Secretary to work with Federal, State, regional, and local authorities, as necessary, to determine the feasibility of water reclamation and reuse projects. Public Law 108-316, October 5, 2004, specifically authorizes the Secretary, in cooperation with the Lower Colorado River Authority (LCRA), to participate in the design, planning and construction of permanent facilities to reclaim and reuse water in Williamson County, Texas. Section 1636 (b) states that the Federal cost -share of the project will not exceed 25 percent of the total project cost. The City of Round Rock is located in Williamson County, and thus qualifies for Federal funding under P.L. 108-316. II. BACKGROUND AND OBJECTIVE Williamson County is one of the fastest growing counties in the State of Texas. The San Gabriel River (a tributary of the Brazos River) and the Edwards Aquifer in northern Williamson County are drinking water sources for over 200,000 people. The Texas Water Development Board has 1 EXHIBIT HA., Cooperative Agreement No. 08FC602334 concluded that existing wells in the county are currently overdrawing available groundwater supplies. The Brazos River Authority (BRA) recently completed a pipeline from a reservoir in an adjacent county to augment the limited surface water supply. The BRA pipeline is expected to extend current supplies for another 10 to 15 years. The extensive use of drinking water for irrigation purposes at parks, schools, and golf courses places an additional burden on the available water; however, there are a number of golf courses currently receiving treated effluent from existing treatment plants. Numerous cities in Williamson County have indicated a desire to construct additional recycling projects to supplement their water supplies. Reclamation and the LCRA will be developing a Memorandum of Understanding (MOU) with those entities wishing to obtain Federal funds under Reclamation's Title XVI Program for their recycling projects. The MOU will establish a Williamson County Regional Reuse Partnership with interested parties, as well as provide general guidance associated with Reclamation's administration of Federal funding. This particular agreement details the responsibilities and costs associated with the planning, design, and construction of water recycling facilities proposed by the City of Round Rock, one of many cities located in Williamson County. Any additional recycling facilities proposed by other cities in Williamson County would be included in separate cost-sharing agreements. I11. PUBLIC BENEFIT The statewide water planning initiative that originated with Texas Senate Bill 1 identifies reuse water as a viable and necessary source of water to Williamson County over the next 50 years. A consolidated water reuse system throughout the County will improve overall project efficiency, help accelerate the conversion to effluent reuse at locations now using raw water or drinking water for irrigation purposes, and will free up current and future sources of raw and drinking water. Switching to reuse water for irrigation may also result in a lower overall cost. The public will benefit from this agreement because it will facilitate implementation of planning and environmental studies to identify wastewater reuse opportunities and alternatives and their subsequent economic and environmental impacts. It will also facilitate the design and construction of the preferred wastewater reuse alternative, thereby alleviating potable water demands on important water resources. IV. STATEMENT OF WORK This agreement includes all responsibilities and costs associated with the planning, design, and construction of the City's project. The Federal share of the total project cost shall not exceed twenty-five percent of the total project cost. 2 Cooperative Agreement No. 08FC602334 PROJECT DESCRIPTION: The City is proposing to construct wastewater reuse infrastructure to accommodate the recycling of approximately 10 million gallons per day (mgd) of water. The City is currently preparing final construction plans on an 8,300 linear foot reclaimed pipeline (Old Settler's reclaimed pipeline) that would connect to an existing 24 inch pipeline and provide Type I effluent water from the Brushy Creek Regional Wastewater Treatment Plant to Old Settler's Park'. However, the City will lack pumping capabilities to deliver the reclaimed water to immediate reuse customers. The City also lacks reuse infrastructure to deliver treated effluent to future potential customers. The City's proposed wastewater reuse project would be constructed in three phases. Phase I includes the construction of pumping and treatment facilities adjacent to the Brushy Creek Regional Wastewater Treatment Plant. The pumping facilities would consist of variable frequency drive motors and pumps with a six mgd firm pumping capacity. Treatment facilities would utilize concrete basin filters and disc technology, as well as concrete basin chlorine contact chambers. Phase II consists of constructing additional reuse transmission pipelines from either the existing 24 -inch pipeline or the Old Settler's reclaimed pipeline currently under final design. The size and length of transmission lines will be determined by future demand and economic feasibility. Phase III would consist of the final expansion of Phase I pumping facilities to allow the distribution of up to 10 mgd of Type I effluent to future reclaimed water customers. RESPONSIBILITIES OF THE PARTIES: A. THE CITY SHALL: General: 1. Contribute at least 75 percent or $14,330,495 of a total project cost of $19,107,327 associated with planning, environmental compliance, design, and construction of recycling facilities authorized under P.L. 108-316, as identified in Section D of this agreement. 2. Document their capability to fund the non -Federal proportionate share of project costs. 3. Consult with and seek input from Reclamation on maintaining the Project within the identified work plans and Project objectives as stated in this Agreement, and seek Reclamation concurrence for any significant deviation from such work plans and Project goals. 4. Collaborate with Reclamation in the completion of all activities identified in this Agreement. ' This reclaimed pipeline is NOT included for Federal funding under Reclamation's Title XVI Program 3 Cooperative Agreement No. 08FC602334 5. Collaborate with Reclamation on technical and administrative aspects of the Project through periodically -scheduled meetings with Reclamation personnel or periodically written updates. 6. Provide Reclamation with its reasoning, in writing, when the City chooses not to implement Reclamation's written advice or comments on any aspect of fulfilling the requirements of this Agreement. 7. Appoint a representative to serve as the City liaison with Reclamation and any third party contractor and facilitate communication and interaction between Reclamation and the Third -party contractor. 8. Complete tasks identified in the work plan within the agreed Milestone dates provided in Exhibit C. Planning and Environmental Compliance Phase: 1. Complete the Feasibility Report in accordance with Reclamation's requirements set forth in WTR 11-01, Title XVI Water Reclamation and Reuse Program Feasibility Study Review Process. This includes, but may not be limited to, tasks identified in the attached work plan (Exhibit A). 2. Provide environmental studies, surveys and information to Reclamation in support of environmental compliance requirements. 3. Facilitate public involvement under Reclamation direction. 4. Comply with Reclamation's reporting requirements, including providing detailed invoices of all expenditures associated with planning and design activities for which the City requests reimbursement. Design and Construction Phase: 1. Annually prepare a work plan and budget for the construction activities to be undertaken during that fiscal year and submit to Reclamation for review and approval. The annual work plan shall identify the anticipated work accomplishments and estimated expenditures for the reporting period. The City shall submit three copies of the work plan and associated budget estimate by October 1st of each year, and the beginning of each fiscal year for which the Project is funded. Each work plan and budget will be for the upcoming fiscal year and will describe and justify the activities to be performed and their 4 Cooperative Agreement No. 08FC602334 associated costs for the performance -period. The budget will separately identify the funds contributed by the City and Reclamation. 2. Comply with Reclamation's reporting requirements, including providing detailed invoices of all expenditures associated with construction activities for which the City requests reimbursement. 3. Once construction is completed, submit to Reclamation two copies of the final construction documentation, certified by a registered professional engineer. This documentation shall include "as built" drawings of constructed facilities or other appropriate verification, acceptable to Reclamation. 4. Assume all operation, maintenance, repair, and rehabilitation responsibilities of the Project once construction is completed. B. RECLAMTION WILL: 1. Contribute, subject to the availability of funds, up to 25 percent of total project costs, including feasibility planning, environmental compliance, design, and construction, not to exceed $4,776,832. Of this amount, Reclamation will retain up to $63,050 for activities and services it performs related to feasibility planning and environmental compliance, and up to $363,641 for ongoing administration of the agreement throughout construction. This includes such activities as budget and account bookkeeping, review and approval of quarterly reports prepared by the City, quarterly construction verification and documentation, and reporting to Congress. 2. Reimburse the City, subject to the availability of Federal funds, up to $4,350,141. Section D of this agreement provides further details on Federal in-kind services and reimbursement totals. 3. Provide a statement of Reclamation's costs at the end of each fiscal year. The City may request explanations or a review of the costs included in the statement; however, Reclamation's determination on the validity of the costs is final. 4. Complete all tasks identified in the work plan identified in Exhibit B. 5. Complete tasks identified in the work plan within the agreed Milestone dates provided in Exhibit C. 6. Review and the Feasibility Report in accordance with provisions outlined in WTR 11-01, Title XVI Water Reclamation and Reuse Program Feasibility Study Review Process and 5 Cooperative Agreement No. 08FC602334 make a finding as to whether the Feasibility Report is complete. 7. Review the City's documentation of its financial capability to pay the non -Federal share of the Project costs 8. Make a determination as to whether the City's project will qualify for Federal financing. 9. Review and approve the City's annual work plans. 10. Review and verify actual work accomplishments and approve deliverables as required under this Agreement. 11. Document and monitor Federal expenditures to ensure that funds are being spent for authorized project purposes and that all costs are allowable, allocable, reasonable, and necessary. 12. Be responsible for complying with applicable Federal environmental and cultural resource laws and regulations, including but not limited to the National Environmental Policy Act (NEPA) and the National Historic Preservation Act (NHPA). 13. Provide oversight and guidance to the City for any necessary environmental compliance activities and information that the City may be required to undertake and/or provide for Reclamation to comply with applicable laws and regulations. 14. Appoint a representative to serve as Reclamation liaison with the city and any third party contractor; and Communicate and interact with any third party contractor as needed. 15. Provide technical and administrative advice on the development of the Project as needed. 16. Prepare budget submittals for Federal appropriations to support out -year funding of the Feasibility Report. 17. Prepare reports to Congress, as necessary. C. RESTRICTIONS AND LIMITATIONS 1. Restrictions: The City cannot complete final design or begin construction until (1) Reclamation's Director of Policy and Program Services notifies the City that Reclamation has found that the Feasibility Report is complete and meets all requirements established in WTR 11-01 and P.L. 102-575 and (2) Reclamation has completed NEPA compliance documentation and notified the City in writing that the City can proceed with 6 Cooperative Agreement No. 08FC602334 construction. If the City proceeds with construction prior to the completion of the Feasibility Report and NEPA documentation, and without Reclamation's approval, Reclamation will disallow any associated costs that the City incurs. 2. Exceptions: The City may proceed with program management and initial design. Certain other non -construction activities prior to the completion of NEPA compliance documentation may be eligible for funding provided that these activities will not adversely affect the human and/or natural environment or selection of the preferred alternative. The City is advised to consult with Reclamation prior to proceeding with such activities to determine whether they will adversely affect the human and/or natural environment or the selection of the preferred alternative. Consultation can only reduce the risk of such activities becoming ineligible for reimbursement. Reclamation cannot formally review such activities until NEPA compliance has been completed. 3. Reimbursement: Project expenses pertaining to program management and initial planning and design may be submitted to Reclamation for reimbursement before completion of NEPA on a quarterly basis. After NEPA compliance is complete, any non - construction expenses other than program management and design that occurred prior to the completion of NEPA compliance may then be submitted to Reclamation for approval and reimbursement. 4. Project Modifications: Substantial changes to the project scope as defined in the final NEPA document must be approved by Reclamation before initiating any such changes. Changes to the Project scope may require additional environmental analysis and supplemental NEPA documentation. Any work/construction conducted without prior NEPA clearance will not be eligible for Federal funding. D. ESTIMATED EXPENDITURES: 1. Planning and NEPA compliance: A detailed summary budget sheet is in tabular form in Exhibits A (City of Round Rock) and B (Reclamation. The total estimated costs are as follows: A Problems/Needs B Water Reuse Opportunities Formulation and Description of Alternatives $5,457 $7,629 $16,158 7 Economic Analysis F Environmental Analysis/NEPA Compliance G Legal Institutional Requirements H Financial Capability I Research Needs I Administrative Cooperative Agreement No. 08FC602334 $14,298 $34,500 $5,141 $4,145 694 $48,069 $35,080 $27,970 2. Design and Construction: the total estimated costs are as follows: Design and Bid $362,495 Construction Phase I Construction Chlorine Contact and Pump Station Filters Piping and Site. Improvements Subtotal See below $1,239,520 $1,003,300 $985,520 $2,542,000 Phase II Construction 8 Cooperative Agreement No. 08FC602334 Line 1 — from OSP north to University $2,984,500 Line 2 — Linel west to Meadow Lake Park $2,349,500 Line 3 — from existing 24" near 1460 west to Stoney Point High $463,550 Elevated Storage $5,397,500 Subtotal $11,195,050 Phase III Construction Chlorine contact, filters and pumping $4,445,000 Subtotal Construction Total $4,445,000 $18,182,050 3. Total Cost Summary. The total project costs, Federal and non -Federal cost -share, in- kind service costs, and total Title XVI reimbursement are as follows: SUMMARY Feasibility Report/NEPA Compliance Design & Construction Total Project Cost City of Round Rock Cost -Share (75%) Reclamation Cost -Share (25%) Federal Reimbursement to City of Round Rock COST $199,141 $18,908,186 $19,107,327 $14,330,495 $4,776,832 $4,350,141 4. It is recognized and agreed that all costs incurred by Reclamation related to the 9 Cooperative Agreement No. 08FC602334 development and administration of this Agreement, and activities associated thereof, are considered part of the total costs of the Project, and therefore the City agrees to provide 75 percent of these costs in accordance with the authorization. 5. At the end of each fiscal year, Reclamation will provide the City with a statement of Reclamation's costs for that fiscal year. The City may request explanations or a review of the costs included in the statement; however, Reclamation's determination on the validity of the costs is final. The City's 75 percent share of Reclamation's costs shall be deducted from the City's first reimbursement request of the following fiscal year. Any funds remaining in Reclamation's retainage shall be immediately paid to the City. V. SPECIAL PROVISIONS/TERMS OF THE AGREEMENT A. IMPLEMENTATION, TERM, AND TOTAL AMOUNT ANTICIPATED TO BE AWARDED This agreement becomes effective on the date shown in Block 17a of Form 7-2277, United States of America, Department of the Interior, Bureau of Reclamation, Assistance Agreement. The agreement shall remain in effect until September 30, 2018, for a period of ten years. This is a cost -share agreement, with the Federal contribution being no more than 25 percent of the total project cost. The Federal contribution is subject to the availability of appropriations. B. PAYMENT POLICY Acceptance of a financial assistance agreement from Reclamation creates a legal responsibility on the part of the City organization to use the funds and property provided in accordance with the terms and conditions of the agreement. Reclamation has a reversionary interest in the unused balance of funding and in any funds improperly applied. Payments to the City will be made in accordance with the basic standards and methods stated in the payment regulations at 43 CFR 12.61 or 43 CFR 12.922, as applicable to this agreement. These requirements are intended to minimize the time elapsing between the transfer of funds from the Federal government and the disbursement of these funds by the City. Payment will be made by reimbursement. Payments under this Agreement will be subject to the availability of Federal funds and will be for up to 25 percent of the expenses incurred by the City during each reporting period, with the exception of the first quarter of each fiscal year, when 75 percent of Reclamation's administrative costs for the previous fiscal year will be deducted from the total reimbursement amount. 10 Cooperative Agreement No. 08FC602334 C. PAYMENT METHOD 1. Electronic Funds Transfer -- Payments under this agreement will be made to the City by electronic funds transfer (EFT) unless the City qualifies for exemption from this payment method. Reclamation utilizes the Automated Clearinghouse (ACH) Vendor Express payment system for EFT. Whether funds are paid in advance or as a reimbursement, the actual payment will be made through Vendor Express. Vendor Express allows the Government to transfer funds to a City's financial institution along with explanatory information regarding the payment. 2. Enrollment -- Upon award, the City will receive a copy of the SF -3881, ACH Vendor/Miscellaneous Payment Enrollment Form. This form is required to implement the Vendor Express system and to notify Reclamation of any change or corrections to financial institution information. 3. Requesting Payments -- Requests for advance or reimbursement may be made by the following methods: a. SF -271, Outlay Report and Request for Reimbursement for Construction Programs -- The SF -271 shall be used for construction agreements paid by the reimbursement method, letter of credit, electronic funds transfer, or Treasury check advance, except where the advance is based on periodic requests from the City, in which case the SF -270 shall be used. This request may be submitted on a quarterly basis, but no less frequently than on an annual basis. Citys may submit an original and two copies of a properly certified SF -271 form to the address identified in Block 8, page 1, of this agreement. This form is available on the Internet at http://www.whitehouse.gov/omb/grants/grantsforms.html. b. Automated Standard Application for Payments (ASAP) — The City may utilize the Department of Treasury ASAP payment system to request advances or reimbursements. ASAP is a City -initiated payment and information system designed to provide a single point of contact for the request and delivery of Federal funds. Once a request is made through ASAP, funds are provided to the City either through ACH or Fedwire. Further information regarding ASAP may be obtained from the ASAP website at http://www.fms.treas.gov/asap. Upon award, you will be provided with information regarding enrollment in the ASAP system. D. REPORTING REQUIREMENTS AND DISTRIBUTION 11 Cooperative Agreement No. 08FC602334 Failure to comply with the reporting requirements contained in this agreement may be considered a material non-compliance with the terms and conditions of the award. Non-compliance may result in withholding of payments pending receipt of required reports, denying both the use of funds and matching credit for all or part of the cost of the activity or action not in compliance, whole or partial suspension or termination of the agreement, recovery of funds paid under the agreement, withholding of future awards, or other legal remedies. 1. Financial Reports -- All financial reports shall be signed by an Authorized Certifying Official for the City's organization. The following forms are available at http://www.whitehouse.gov/omb/grants/grants forms.html. a. SF -269 or SF -269a, Financial Status Report -- This form is utilized to report total expenditures for the reporting period. The SF -269 must be used if the City is accountable for the use of program income; otherwise, the SF -269a may used. b. An original and two copies of this form shall be submitted semi-annually, within 30 days following the end of each reporting period. c. A final SF -269 or SF -269a shall be submitted within 90 days following completion of the agreement. 2. Program Performance Reports a. Interim Reports: The City shall submit an original and two copies of program performance reports on a quarterly basis (by calendar year) within 30 days following the end of each reporting period. Program performance reports shall contain the following: 1. A narrative description of the actions performed during the quarter including any milestones or unexpected problems, delays, or issues. 2. A comparison of actual accomplishments with the goals and objectives established for the reporting period; 3. When appropriate, reasons why goals and objectives were not met; and 4. Other pertinent information including, when appropriate, analysis and explanation of cost overruns or high unit costs. b. Annual Reports: An original and two copies of an annual program performance report shall be submitted within 90 days following the end of each year of the agreement. Copies of this report may be required to be included with any application for continuing support of the agreement. c. Final Report: An original and two copies of the final program performance report shall be submitted no later than 90 days following the expiration or termination of the agreement. 12 Cooperative Agreement No. 08FC602334 3. Significant Developments: During the term of the agreement, the City must immediately notify the Grants Officer (GO) if any of the following conditions become known: a. Problems, delays or adverse conditions which will materially impair their ability to meet the objectives of the agreement; b. Favorable developments which enable the City to meet time schedules and objectives sooner than or at less cost than projected or to produce more beneficial results than originally planned. c. This notification is to include information on the actions taken or contemplated to resolve problems, delays, or adverse conditions, and any assistance needed from Reclamation to help resolve the problems. (4) Report Distribution -- The following table summarizes the reporting requirements. For additional information about the reporting requirements, please refer to Special Provisions VII.3. "Reporting Requirements and Distribution." (above). REQUIRED REPORTS Interim Reports Final Reports Program Performance Reports Format No specific format required No specific format required Reporting period Calendar quarters ended: March 31, June30, September 30, December 31 Performance period which ends on the completion date of the agreement Due date Within 30 days after the end of the calendar quarter: April 30, July 31, October 31, January 30 Within 90 days after the completion date of the agreement Send one original to: GOTR Collins Balcombe (GOTR) Oklahoma -Texas Area Office 5316 Hwy 290 W., Suite 510 Austin, TX 78735 Phone: (512) 899-4162 Fax: (512)899-4179 E-mail: cbalcombe@a,2p.usbr.gov GOTR Collins Balcombe (GOTR) Oklahoma -Texas Area Office 5316 Hwy 290 W., Suite 510 Austin, TX 78735 Phone: (512) 899-4162 Fax: (512)899-4179 E-mail: cbalcombe gp.usbr.gov Financial Status Reports Format Form SF -269a (if no income is earned by the grant activity) Form SF -269a (if no income is earned by the grant activity) Reporting period Calendar quarters ended: March 31, June30, September 30, December 31 Performance period which ends on the completion date of the agreement Due date Within 30 days after the end of the calendar quarter: April 30, July 31, October 31, January 30 Within 90 days after the completion date of the agreement 13 Cooperative Agreement No. 08FC602334 Send one original to: GOTR Collins Balcombe (GOTR) Oklahoma -Texas Area Office 5316 Hwy 290 W., Sutie 510 Austin, TX 78735 Phone: (512) 899-4162 Fax: (512) 899-4179 E-mail: cbalcombe(i)gp.usbr.gov GOTR Collis Balcombe (GOTR) Oklahoma -Texas Area Office 5316 Hwy 290 W., Suite 510 Austin, TX 78735 Phone: (512) 899-4162 Fax: (512) 899-4179 E-mail_: cbalcombe gp.usbr.gov Cash Transaction Reports Format Form SF -272 Reporting period Quarterly — per calendar quarter Due date Required only when recipient draws cash in advance, and holds the cash more than 3 days before disbursement, report is due within 15 days after the end of the calendar quarter Send one original to: GOTR Collins Balcombe (GOTR) Oklahoma -Texas Area Office 5316 Hwy 290 W., Suite 510 Austin, TX 78735 Phone: (512) 899-4162 Fax: (512)899-4179 E-mail: cbalcombe(agp.usbr.gov E. MODIFICATIONS Any changes to this agreement shall be made by means of a written modification. Reclamation may make changes to the agreement by means of a unilateral modification to deal with administrative matters, such as changes in address, no -cost time extensions, the addition of previously agreed upon funding, or deobligation of excess funds at the end of the agreement. Additionally, a unilateral modification may be utilized by Reclamation if it should become necessary to suspend or terminate the agreement in accordance with 43 CFR 12.83 or 43 CFR 12.961, as applicable. All other changes shall be made by means of a bilateral modification to the agreement. No oral statement made by any person, or written statement by any person other than the GCAO, shall be allowed in any manner or degree to modify or otherwise effect the terms of the Agreement. All requests for modification of the Agreement shall be made in writing, provide a full description of the reason for the request, and be sent to the attention of the GCAO. Any request for project extension shall be made at least 45 days prior to the expiration date of the agreement or the expiration date of any extension period that may have been previously granted. Any determination to extend the period of performance or to provide follow-on funding for continuation of a project is solely at the discretion of Reclamation. 14 Cooperative Agreement No. 08FC602334 F. CITY'S PROJECT MANAGER The city's Project Manager for this Agreement shall be: Michael Thane, P.E., Utility Director 212 Commerce Blvd. Round Rock, Texas 78664 512-218-3236 G. KEY PERSONNEL Alan McGraw, Mayor City of Round Rock 211 E. Main Street Round Rock, Texas 78664 Jim Nuse, City Manager City of Round Rock 211 E. Main Street Round Rock, Texas 78664 512-218-5401 In accordance with 43 CFR 12.70(d)(3)) or 43 CFR 12.925, as applicable, the city shall notify Reclamation when any changes are made in the key personnel identified above. H. GRANT OFFICER'S TECHNICAL REPRESENTATIVE (GOTR) The GOTR for this agreement will be: Bureau of Reclamation Collins K. Balcombe, Special Projects Director Oklahoma -Texas Area Office Bureau of Reclamation 5316 Highway 290 West Ste. 510 Austin, Texas 78735-8931 Wk: 512-899-4162 Fax: 512-899-4179 cbalcombeAgp.usbr.gov The GOTR is authorized to act only on technical matters during the term of this Agreement. The GOTR and the City's Project Manager will work closely to insurethat all requirements of the 15 Cooperative Agreement No. 08FC602334 Agreement are being met. The GOTR's responsibilities include, but are not limited to, the following: 1. Assist the City concerning the accomplishment of the tasks described in the Agreement; 2. Provide information to the City which assists in the interpretation of the tasks; and 3. Review, and where required, approve reports and information to be delivered to the Government. Technical assistance must be within the general scope of the Agreement. The GOTR does not have the authority to and may not issue any technical assistance which: 1. Constitutes an assignment of additional work outside the general scope of the Agreement; 2. In any manner causes an increase or decrease in the total estimated cost or the time required for performance; or 3. Changes any of the expressed terms, conditions, or specifications. I. FUNDS AVAILABLE FOR PAYMENT The Government's obligation under this Agreement is contingent upon the availability of appropriated funds from which payment for Agreement purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the GO for this Agreement, and until the City receives notice of such availability, to be confirmed in writing to the City by the GO. Pursuant to the Act of Congress of June 17, 1902 (32 Stat. 388), and acts amendatory thereof or supplementary thereto, all commonly known as Reclamation Law, funds for Reclamation's participation in a Feasibility report and Environmental Analysis under the first year of this agreement are included in the fiscal year 2007 Energy and Water Development Appropriation (Public Law 110-5). Funding for any optional year of the agreement is contingent upon subsequent Congressional funding. J. REIMBURSABLE COSTS AND LIMITATIONS: 1. The City shall provide all personnel, services, facilities, equipment, materials and supplies, and perform all travel which may be necessary and appropriate for the proper performance of this Agreement. Costs so incurred will be paid for as provided herein. Reclamation's obligation to provide funding to the City for costs incurred in these connections shall be limited to the City's direct and indirect costs associated with this Agreement. All such direct and indirect costs must be determined to be allowable under the regulations contained in 48 CFR Subpart 31.2 or an OMB Cost Principle Circular, as 16 Cooperative Agreement No. 08FC602334 applicable, which are incorporated herein through the General Provisions of this agreement. 2. The City shall not incur costs or obligate funds for any purpose pertaining to operation of the program or activities beyond the expiration date stated in the agreement. The only costs which are authorized for a period of up to 90 days following the award expiration date are those strictly associated with closeout activities for preparation of the final report. 3. Reclamation will not be obligated to provide funding to the City and the City shall not be obligated to continue performance under the Agreement or to incur costs in excess of the costs set forth in the annual project budget unless the GO has furnished the City a modification to increase the available funding for the Agreement. K. BUDGET REVISIONS The City shall follow the requirements at 43 CFR 12.70(c) and 43 CFR 12.925, as when making revisions to budget and program plans. Additionally, approval shall be requested for transfers of amounts budgeted for indirect costs to absorb increases in direct costs or vice -versa L. PROCUREMENT STANDARDS When utilizing Federal funds for the procurement of supplies and other expendable property, equipment, real property, and other services under this agreement, the City shall utilize the Procurement Standards set forth at 43 CFR 12.76 and 43 CFR 12.940 -12.948, as applicable. The City may be required to submit evidence that its procurement procedures are in compliance with the standards stated therein. Additional guidance for contracting with small and minority firms, and women's business enterprises is included in the General Provisions section of this agreement. M. PROPERTY STANDARDS All property, equipment and supplies acquired by the City with Federal funds will be subject to usage, management, and disposal in accordance with the Property Standards at 43 CFR 12.72 - 12.73, and 43 CFR 12.930 - 12.937, as applicable. No real property will be acquired under this agreement. N. INSPECTION Reclamation has the right to inspect and evaluate the work performed or being performed under this agreement, and the premises where the work is being performed, at all reasonable times and 17 Cooperative Agreement No. 08FC602334 in a manner that will not unduly delay the work. If Reclamation performs inspection or evaluation on the premises of the City or a sub City, the City shall furnish and shall require sub Citys to furnish all reasonable facilities and assistance for the safe and convenient performance of these duties. O. AUDIT Citys are responsible for obtaining audits in accordance with the Single Audit Act Amendments of 1996 (31 U.S.C. 7501-7507) and revised OMB Circular A-133, "Audits of States, Local Governments, and Non -Profit Organizations." Audits shall be made by an independent auditor in accordance with generally accepted government auditing standards covering financial audits. Additional audit requirements applicable to this agreement are found at 43 CFR 12.66 or 43 CFR 12.926, as applicable. General guidance on the single audit process is included in a pamphlet titled, "Highlights of the Single Audit Process" which is available on the interne at http://www.dot.gov/ost/m60/grant/sincontact.htm. Additional information on single audits is available from the Federal Audit Clearinghouse at http://harvester.census.gov/sac. P. ENFORCEMENT In accordance with 43 CFR 12.83 or 43 CFR 12.962, as applicable, if the City materially fails to comply with any term of this agreement, whether stated in a Federal statute or regulation, an assurance, in a State plan or application, a notice of award, or elsewhere, Reclamation may take one or more of the following actions as appropriate: 1. Temporarily withhold cash payments pending correction of the deficiency by the City or sub -City or more severe enforcement action by the awarding agency. 2. Disallow (deny both use of funds and any matching credit for) all or part of the cost of the activity or action not in compliance. 3. Wholly or partly suspend or terminate the current award for the City's or sub City's program. 4. Withhold further awards for the program. 5. Take other remedies that may be legally available. Q. TERMINATION In accordance with 43 CFR 12.84 or 43 CFR 12.961, as applicable, and except as provided for in the Enforcement Provision, above, this agreement may be terminated in whole or part only as follows: 18 Cooperative Agreement No. 08FC602334 1. By the awarding agency with the consent of the City or sub City in which case the two parties shall agree upon the termination conditions, including the effective date and in the case of partial termination, the portion to be terminated. 2. By the City or sub -City upon written notification to Reclamation, setting forth the reasons for such termination, the effective date, and in the case of partial termination, the portion to be terminated. However, if, in the case of a partial termination, the awarding agency determines that the remaining portion of the award will not accomplish the purposes for which the award was made, the awarding agency may terminate the award in its entirety under either the Enforcement Provision or paragraph 1 of this Provision. R. PREAWARD INCURRENCE OF COSTS The City shall be entitled to have incurred costs for the planning activities detailed in this agreement and documented in a total amount not to exceed $10,000 for allowable costs incurred on or after October 5, 2004, the date of Authorization for P.L.108-316. S. COPYRIGHTS For Citys subject to the administrative standards set forth in OMB Circular A-110, the following copyright provision, as implemented by 43 CFR 12.936(a), shall apply: 1. The City may copyright any work that is subject to copyright and was developed, or for which ownership was purchased, under an award. The Federal awarding agency(ies) reserves a royalty -free, nonexclusive and irrevocable right to reproduce, publish, or otherwise use the work for Federal purposes, and to authorize others to do so. 2. For Citys subject to the administrative standards set forth in OMB Circular A-102 and the Grants Management Common Rule, the following copyright provision, as implemented by 43 CFR 12.74, shall apply: a. The Federal awarding agency reserves a royalty -free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for Federal Government purposes: i. The copyright in any work developed under a grant, subgrant, or contract under a grant or subgrant; and ii. Any rights of copyright to which a grantee, sub grantee or a contractor purchases ownership with grant support. 19 Cooperative Agreement No. 08FC602334 T. RIGHTS TO DATA: For Citys subject to the administrative standards set forth in OMB Circular A-110, the following provision, as implemented by 43 CFR 12.936(c), shall apply: The Federal Government has the right to: 1. Obtain, reproduce, publish or otherwise use the data first produced under an award; and 2. Authorize others to receive, reproduce, publish, or otherwise use such data for Federal purposes. U. STANDARD TERMS AND CONDITIONS In addition to the above terms, there are standard terms and conditions that apply to all grants and cooperative agreements entered into under the Federal Grant and Cooperative Agreement Act Of 1977 (31 U.S.C. §§ 6301-6308) and 43 CFR Part 12 — Administrative and Audit Requirements and Cost Principles for Assistance Programs. These terms and conditions can be found at: http://www.usbr.gov/mso/aamd/downloads/Standard Terms Agreements 06 2006.doc EXHIBIT A: CITY OF ROUND ROCK PLANNING AND ENVIRONMENTAL WORKPLAN A. PROBLEMS AND NEEDS 20 Cooperative Agreement No. 08FC602334 Task Al. Describe the key water management problem(s) for which water reclamation and reuse may provide a solution. Detail the overall county water resources management strategy. Review past studies and reports regarding water demand, water supply, and the market for reclaimed water in the County's water system. Update the conclusions and results from these reports based on recent trends in water use, development patterns, and the local economy. Task A2. Describe the near- and long-term water demand and supplies in the study area refer to section 1604 (c)(1), include factors considered such as a water use sector analysis (residential, commercial, public, industrial, and unaccounted water), population projections, climate, metering and pricing, water pressure and availability of sewer system, etc. Water quantities will be identified in acre-feet when such quantities are needed. Task A3. Identify the cost to develop those supplies, if known, and assess the level of certainty associated with those estimates. Task A4. In the description of the "Setting", include a paragraph on Geographic, Geological, and Hydraulic Settings; where each topic will discuss their relationship to the County's problems and opportunities. Geological setting is important in relation to construction, e.g., depth to bedrock, Edwards Aquifer recharge areas, etc. HDR Staff Time: 5 days Round Rock Staff Time: 0 HDR Cost Estimate: $ 5,457 Round Rock Cost Estimate: $0 TOTAL COST: $5,457 B. WATER REUSE OPPORTUNITIES — This section identifies the sources of reclaimed water, estimates the water quality, and evaluates issues related to its use. Task B 1. Address the opportunities for water reuse in the study area and identify the sources of water, including quantities in acre-feet that could be reclaimed. Estimate the quantities of reclaimed wastewater already in use. Task B2. Summarize the status of water reuse and water reclamation technology, as applied to this situation, and describe opportunities for development of improved technologies in the study Area, [refer to section 1603 (b)(2)]. Task B3. Identify all potential uses of reclaimed water, including, but not limited to, groundwater recharge, municipal, domestic, industrial, agricultural, power generation, environmental restoration, fish and wildlife, and recreation [refer to sections 1603 (b)(1) and 1604 (c)(2)]. Task B4. Please provide a discussion of the effects of each of the alternatives on the downstream water rights as required on Page 16 of the Guidelines. HDR Staff Time: 6 days HDR Cost Estimate: $7,629 Round Rock Staff Time: 0 Round Rock Cost Estimate: $0 21 Cooperative Agreement No. 08FC602334 TOTAL COST: $7,629 C. DESCRIPTION OF ALTERNATIVES As appropriate, describe all of the alternatives that were considered to accomplish the water supply objective being addressed with the project. These measures may include structural and/or nonstructural measures such as water conservation. (Note that these alternatives may have already been addressed in other reports.) In addition, describe the no action alternative which is the action that the sponsor would take if Federal funding was not provided for the project. When formulating a Title XVI Feasibility Plan, NEPA regulations require that the no action alternative always be considered. Task C 1. Description of the no action alternative or alternative which would be that action(s) the LCRA and Williamson County water stakeholders would take without the proposed project. Include amounts of current recycled water distributed and conserved by water conservation measures. Also, describe expected recycled water distribution and water conservation amounts that are projected without implementation of proposed project(s). Task C2. Provide an analysis of at least two alternative measures or technologies available for water reclamation, distribution, and reuse for the project under consideration, refer to section 1604 (c)(3). Coordinate these alternatives with those in the environmental analysis, if possible. Task C3. Provide a description of each alternative including the physical, institutional, or operational features needed for a fully functioning alternative, and how each alternative would operate. List the annual life cycle for each of the alternatives. Task C4. Provide an engineering cost estimate for proposed project construction in sufficient detail to permit evaluation of the project. Construction cost estimates will generally include costs for major structures, facilities, or other types of construction as appropriate for the project, including real property acquisitions and rights of way easements. Provide a construction implementation schedule. Direct construction costs should be based on quantities and unit prices. Lump -sum estimates should be used only for items of relatively small cost and where developing the estimates are impractical or unnecessarily costly. Indirect costs, including contingency costs, should be less than or equal to 20 percent of total construction costs. Task C5. Provide a map or drawing for each alternative. Task C6. Identify quantities of water in acre-feet that would be reclaimed by each alternative and when such quantities would be needed. Task C7. Discuss the market for, or dedicated use of, the water which would be reclaimed by each alternative, including expressions of interest or contractual commitments for using the Water, [refer to section 1604 (c)(6)]. 22 Cooperative Agreement No. 08FC602334 Task C8. Describe any barriers to the use of reclaimed water in the study area and how these barriers would be overcome, [refer to sections 1603 (b)(3) and 1603 (b)(4)]. Task C9. Provide a specific quantified analysis refer to section 1604 (c) (5) of whether the proposed development of water reclamation and reuse measures would: (a) near and long-term water demand and supplies in the study area; (b) all potential uses for reclaimed water; (c) at least two alternative measures or technologies available for water reclamation, distribution, and reuse for the project under consideration; (d) public health and environmental quality issues associated with use of reclaimed water; (e) whether development of the water reclamation and reuse measures under study would; 1. reduce, postpone, or eliminate development of new or expanded water supplies; 2. reduce or eliminate the use of existing diversions from natural watercourses or withdrawals from aquifers; or 3. reduce the demand on existing Federal water supply facilities. (f) the market or dedicated use for reclaimed water in the project's service area. Identify what those other sources would be, quantities in acre-feet of those sources, identify when such quantities and sources would be needed, the costs to develop the other sources, and assess the level of certainty associated with those estimates. Task CI 0. Discuss how each alternative would promote or apply a regional or watershed perspective to water resource management or cross -boundary issues. HDR Staff Time: 13 days HDR Cost Estimate: $16,158 Round Rock Staff Time: 0 Round Rock Cost Estimate: $0 TOTAL COST: $16,158 D. ECONOMIC ANALYSIS OF ALTERNATIVES LCRA may participate in the development of the Economic Analysis and provide all information needed to conduct the following tasks: Task D 1. Review recycling alternative and any other potential alternatives included as part of the feasibility report. Identify the benefited population associated with each alternative and the project costs (including O&M) over the project life. The identification of benefited population will include consideration of population growth in the future as well as economic development and growth. Task D2. Estimate the M&I benefits associated with the reuse alternative and all other alternatives included in the feasibility report. These benefit estimates will be based on previously completed M&I water supply and demand studies with adjustments made to apply to the city (the Benefits Transfer method). A cost effectiveness analysis will be completed to indicate the effectiveness of the reuse alternative compared to other alternatives will be included. 23 Cooperative Agreement No. 08FC602334 Task D3. Evaluate the current local and regional economic conditions, including employment and income, as a basis for comparing alternatives evaluated in the feasibility report. Task D4. A simple regional economic analysis will be completed using established economic models such as IMPLAN to evaluate the economic impact of each alternative on the local and regional economy. Task D5. Determine additional factors needed to assess Socio -Economic impacts of all alternatives to M&I water users. This information should include how the construction and O&M of each alternative would impact the rates of M&I water users over the course of the implementation schedule. HDR Staff Time: 15 days HDR Cost Estimate: $14,298 Round Rock Staff Time: 0 Round Rock Cost Estimate: $0 TOTAL COST: $14,298 E. ENVIRONMENTAL ANALYSIS OF ALTERNATIVES NOTE: § 1506.5 (c) of the Council of Environmental Quality's NEPA regulations requires that a contractor hired to write an Environmental Assessment (EA) be free of conflict of interest. Conflict of interest could arise if the same contractor were also hired for design, construction, or management of construction of a project. The EA contractor must file a statement with Reclamation stating that they have "no fmancial or other interest in the outcome of the project." Reclamation will evaluate the statement and may require that it be included in the EA. Tasks to be performed LCRA and/or consultant: 1. Environmental Compliance Task E1.1. the city will work closely with Reclamation to provide information that will be utilized in the preparation of a draft and final NEPA document. Task E1.2. The city will provide literature/records reviews and any necessary field reviews required for natural resources including physiography, geology, soils, water resources, vegetation, fish and wildlife and endangered species for the preparation of a draft and final NEPA document. Reclamation will determine what resources are required for review. Staff Time: 130 hours Cost Estimate: $10,000 2. Cultural Resources Coordinate with Reclamation in the completion of all cultural resource associated requirements and clearances. The feasibility report will describe activities and indicate the cost for surveys, mitigation and related activities to be conducted, if any are required in the "advance planning/final design" phase for the recommended plan. 24 Cooperative Agreement No. 08FC602334 Reclamation will conduct consultation with the Texas Historical Commission and prepare fmal language for the NEPA document. Cultural Resource compliance for the proposed project requires a qualified archeologist to perform all tasks. Task E2.1. Conduct Class I records search for all alternatives. Task E2.2. Conduct a Class III survey for the Preferred Alternative Task E2.3. Prepare and supply Reclamation with a report documenting findings of the records search and the results of the Class III survey Task E2.4. Coordinate with Reclamation on any mitigation required by the Texas Historical Commission Staff Time: 60 hours Cost Estimate: $4,500 3. Water Resources Coordinate with Reclamation in evaluating the hydrologic impacts of alternatives to implement the proposed waste water reclamation and reuse in the City of Round Rock. • Utilize the current TCEQ WRAP/WAM model for the Brazos River Basin to predict in -stream flow impacts from all alternatives. • Coordinate with Reclamation on model run criteria and assumptions. • Provide Reclamation with the raw data obtained from the model runs. Staff Time: 130 hours Cost Estimate: $10,000 4. Public Involvement City of Round Rock Public Involvement Public Hearing/Meeting Presentation Tasks to be performed by the city and/or Consultant: Task E4.1. Provide Reclamation with information from past public meetings and studies on the area's reclaimed water program. If an additional public meeting(s) is required, tasks E4.2 -E4.6 will be implemented: Task E4.2. Prepare background materials and agenda for a public meeting on the alternative measures. Task E4.3. Prepare for public hearing including formulating agenda to standards including posting and 25 Cooperative Agreement No. 08FC602334 distribution of the agenda. Task E4.4. Create and publish bi-lingual meeting announcement. Provide facilitation for and a record of the public meeting Task E4.5. Attend public hearing/meeting. Task E4.6. Finalize transcript and collected comments and submit report. Staff Time: 130 hours Cost Estimate: $10,000 F. LEGAL AND INSTITUTIONAL REQUIREMENTS Task F 1. Describe the results of the consultation activities under the Endangered Species Act (ESA), FWCA, and other applicable Federal and State laws, that have occurred between the non - Federal sponsor and appropriate Federal, State, regional, and local authorities during the Study, [refer to section 1603 (c)]. Task F2. Identify the public health and environmental quality issues associated with each alternative. Include Federal, State, and local public health and environmental regulatory requirements associated with the reuse alternatives and the ability of the alternatives to meet those requirements, [refer to section 1604 (c)(4)]. Task F3. Provide an analysis of the effects of the change of reclaimed water from its current use to the proposed alternative use, including economic and environmental effects, and effects on downstream water rights. Discuss any water right issues and how they would be resolved. Task F4. Discuss how the project meets other legal and institutional requirements, such as contractual water supply obligations, Indian trust responsibilities, water rights settlements, regional water quality control boards, or other requirements not previously addressed. Discuss any unresolved issue(s) associated with the project, how the issue(s) will be resolved, moreover, how the project would be affected if the issue(s) is not resolved. Task F5. Identify any legal or institutional constraints, not discussed above, that would affect the ability of the sponsor to implement the project. Task F6. To help ensure that all of the requirements for Appraisal level investigations (Exhibit A, pages 13, Al and A2) are addressed, add a 2 -column table similar to the following: Section 1603 (b) 1-5 Requirements Reference appropriate planning study, report, etc. or chapter where located in this report. 26 1. All potential uses of reclaimed water, including, but not limited to, environmental restoration, fish and wildlife, groundwater recharge, municipal, domestic, industrial, agricultural, power generation, and recreation. 2. Current status of water reclamation technology and opportunities for development of improved technologies. Cooperative Agreement No. 08FC602334 3. Measures to stimulate demand for and eliminate obstacles to use of reclaimed water, including pricing. 4. Measures to coordinate and streamline local, State and Federal permitting procedures required for the implementation of reclamation projects. 5. Measures to identify basic research needs required to expand the uses of reclaimed water in a safe and environmentally sound manner. HDR Staff Time: 3 days Round Rock Staff Time: 25 HDR Cost Estimate: $3,641 Round Rock Cost Estimate: $1,500 TOTAL COST: 85,141 G. FINANCIAL CAPABILITY OF THE SPONSOR Task G1. Present the proposed schedule for project implementation and the plan for funding the project's construction and operation, maintenance, and replacement costs, including the non - Federal and other Federal sources of funding. Task G2. Document the sponsor's financial capability to fund the non -Federal share of the project costs following Reclamation Title XVI Guidelines (Page 28) for documenting financial capability of non - Federal partners of water recycling projects refer to section 1604 (c)(7). Task G3. Reclamation will review funding methods proposed by non-federal sponsor. Task G4. In cooperation with the non-federal project sponsor, LCRA, Reclamation will complete/review an analysis of the financial capability of paying for a reuse project, phase or other alternative. HDR Staff Time: 1 day HDR Cost Estimate: $1,145 Round Rock Staff Time: 40 hours Round Rock Cost Estimate: $3,000 TOTAL COST: $4,145 11. RESEARCH NEEDS 27 Cooperative Agreement No. 08FC602334 Briefly identify basic research needs required to expand the uses of reclaimed water in a safe and environmentally sound manner that have resulted from the study of reclaimed water use in the study area refer to section 1603 (b)(5). HDR Staff Time: 0.5 days Round Rock Staff Time: 0 HDR Cost Estimate: $ 694 Round Rock Cost Estimate: $0 TOTAL COST: $694 I. ADMINISTRATIVE TASKS 1. Project Management The following information represents city's assessment of the costs required for Project management to conduct a feasibility report to determine the most feasible method of meeting long-term water supply needs in Williamson County service area. The Project Manager for this effort would function as the team leader and be responsible for coordination with the Reclamation and technical teams other participants: Ensure accomplishment of the following responsibilities: Task I1.1. Coordinate and develop working agreements between Reclamation and the LCRA and modify in accordance with the needs of the study. Task I1.2. Work accomplishments of individual technical disciplines will be tracked in relation to expenditures to ensure that study progress is being achieved efficiently. Problem areas will be identified early and discussed with Reclamation and the Technical staff. Task I1.3. Coordination with Reclamation and other participants will occur on a periodic basis through e-mail, phone calls, conference calls, and meetings when needed to monitor study progress and discuss study accomplishments and problems or concerns. Technical team meetings will be conducted as needed. Task I1.4. The development of a final purpose and need statement, goals and objectives, criteria for alternative development, and alternatives for the proposed project will be coordinated. Task I1.5. All documents produced as part of this study will be reviewed to ensure that they meet all requirements in accordance with purpose and need, goals, and objectives of the project. Task I1.6. Prepare and file financial status reports (SF -269), federal cash transactions reports (SF -272), interim reports, and annual reports in accordance with Section V.4 of the cooperative agreement. HDR Staff Time: 1 day HDR Cost Estimate: $1,115 Round Rock Staff Time: 520 hours Round Rock Cost Estimate: $36,500 28 Cooperative Agreement No. 08FC602334 TOTAL COST: $37,615 2. Technical Writing of Feasibility report (Ref. Exhibit A, pages 13-17) Task I2.1. Prepare drafts and revised drafts of the Feasibility report based on the various reports and studies prepared in Items A -H in accordance with specified milestones (Exhibit F). Task I22. Circulate the drafts of the Feasibility report for Reclamation QA/QC review and LCRA review. Incorporate edits and comments, including public comments, for fmal draft. HDR Staff Time: Round Rock Staff Time: 4 days 80 hours HDR Cost Estimate: $4,454 Round Rock Cost Estimate: $6,000 TOTAL COST: $10,454 J. ENGINEERING DESIGN& BID HDR Cost Estimate: Plant Improvements - $250,406 (Design) & $28,876 (Bid) TOTAL COST ESTIMATE HDR (Feasibility Report): $54,591 ROUND ROCK (Administrative) : $0 ROUND ROCK (Environmental & Project Management): $81,500 TOTAL: t $136,091 29 Cooperative Agreement No. 08FC602334 EXHIBIT B: RECLAMATION WORK PLAN A. PROBLEMS AND NEEDS Reclamation will be responsible for Quality Assurance/Quality Control (QA/QC) of this section. Associated costs are identified under I (2) of this plan. B. WATER REUSE OPPORTUNITIES Reclamation will be responsible for QA/QC of this section. Associated costs are identified under I (2). C. DESCRIPTION OF ALTERNATIVES Reclamation will be responsible for QA/QC of this section. Associated costs are identified under I (2). D. ECONOMIC ANALYSIS OF ALTERNATIVES Reclamation will be responsible for QA/QC of this section. Associated costs are identified under I (2). E. NEPA/CULTURAL STUDIES AND PUBLIC INVOLVEMENT 1. Environmental Compliance Reclamation will be responsible for all environmental compliance and have oversight responsibility in the work completed by LCRA. Reclamation has authority on all environmental compliance activities and fmal approval of any and all analysis. The environmental analysis will be an appendix to the Feasibility report. The environmental analysis is considered draft until formally approved by the OTAO Manager. Assumptions: • The resources evaluated, at a minimum, will include biological, economic impacts, social, and cultural resources. • There will be a draft and final NEPA document. • The NEPA document will include the feasibility alternatives and the no action alternative. Task E1.1 Reclamation will prepare the draft and fmal NEPA document. Task E1.2 Reclamation will respond to comments received regarding the draft NEPA document. Task E1.3 Reclamation will coordinate and consult with all necessary agencies as required by law. Task E1.4 Reclamation will prepare and sign the fmal decision document under NEPA Reclamation Staff Time (Grade Series 12): 35 days Cost Estimate: $24,850 30 Cooperative Agreement No. 08FC602334 2. Cultural Resource Studies and Report The feasibility report will describe and indicate the cost for surveys, mitigation and related activities to be conducted, if any are required in the "advance planning/fmal design" phase for the recommended plan. Reclamation will conduct consultation with the Texas Historical Commission and prepare fmal language for the NEPA document. Task E3.1. Findings Report review and Consultation with Texas Historical Commission. Task E3.2. Coordinate with LCRA on any mitigation required by the Texas Historical Commission Task E3.3. Preparation of language for NEPA document. Reclamation Staff Time (Grade Series 12): 10 days Cost Estimate: $7,100 3. Water Resources Costs are included in E (1) 4. Public Involvement Oversight Task E2.1. Reclamation will attend any public involvement meeting(s) and review associated activities Reclamation Staff Time (Grade Series 12): 3 days Nonlabor Costs TOTAL Cost Estimate: $2,130 $1,000 $3,130 F. LEGAL AND INSTITUTIONAL REQUIREMENTS Reclamation will be responsible for QA/QC of this section. Associated costs are identified under I (2). G. FINANCIAL CAPABILITY OF THE SPONSOR In accordance with P.L. 102-575 and Title XVI Guidelines, Exhibit A, Reclamation will ensure that Financial Capability is demonstrated. Associated costs are identified under I (2). H. RESEARCH NEEDS Reclamation will be responsible for QA/QC of this section. Associated costs are identified under I (2). I. ADMINISTRATIVE 1. Reclamation Study Director 31 Cooperative Agreement No. 08FC602334 The following information represents the Reclamation assessment of the costs required for study management to conduct a feasibility report for the Williamson County service area. The Reclamation Study Director for this effort would function as the Reclamation team leader and be responsible for coordination with LCRA and technical teams and other participants: Task I1.1. Coordinate and develop service agreements between the LCRA and Reclamation and modify in accordance with the needs of the study. Task I1.2. Work accomplishments of individual technical disciplines will be tracked in relation to expenditures to ensure that study progress is being achieved efficiently. Problem areas will be identified early and discussed with Technical staff and client. Task I1.3. Coordination with LCRA and other participants will occur on a periodic basis through e-mail, phone calls, conference calls, and meetings when needed to monitor study progress and discuss study accomplishments and problems or concerns. Technical team meetings will be conducted as needed. Task 11.4. The development of a final purpose and need statement, goals and objectives, criteria for alternative development, and alternatives for the proposed project will be coordinated. Task I1.5. All documents produced as part of this study will be reviewed to ensure that they meet all requirements in accordance with purpose and need, goals, and objectives of the project. Pre Award Staff Time (Grade Series 12): 12 days Cost Estimate: $8,800 Reclamation Staff Time (Grade Series 12): 15 days Cost Estimate: $10,650 TOTAL: 27 days Cost Estimate: $19,450 2. Review Team Quality Assurance/Quality Control (QA/QC), The planning team will provide materials to the review team for comment and review at specified intervals indicated on Milestone Table (Exhibit F). The review team will document comments and guidance in memoranda and transmit to the team via the study manager. The memoranda will be used by LCRA to revise or incorporate changes to the study, to complete all required detailed analyses and prepare the draft and revised draft Planning Report/NEPA documents. The study manager will be responsible for ensuring that comments and guidance identified in the memoranda are fully addressed. These reviews will ensure uniform application of clearly established Reclamation -wide procedures and policy in accordance with P.L. 102-575 and the Title XVI Guidelines (Exhibit A). Reclamation will also identify issues that must be resolved in the absence of clearly established criteria, guidance, regulations, laws principles and procedures or where judgment plays a substantial role. Lastly, QA/QC reviews are intended to minimize the time that the report is in the Agency approval process. Reclamation Staff Time (Grade Series 12): 12 days Cost Estimate: $8,520 32 TOTAL IN-KIND COST ESTIMATE Reclamation Staff Time (Grade Series 12): Pre Award Staff Time (Grade Series 12): Reclamation Nonlabor Costs: TOTAL RECLAMATION COSTS: 75 days 12 days Cooperative Agreement No. 08FC602334 Cost Estimate: $53,250 Cost Estimate: $8,800 Cost Estimate: $1,000 $63,050.00 33 Cooperative Agreement No. 08FC602334 0 0 2 Q Q (0 to 0) 'O V)7 O) t0 Q .O co O c Q O 0. Q C 0 0 C (0 O O N O 0 L O U O 0 0) N 0 ,„; e - O J O O N CO O W O 0 U . O O s- C p c b •_0 CC O 0 O Q u) 30 0)a) o O C •C O E' a) L 0 co-o U O E .a) On - V) C U 5 3 w O (0 0 0) O 0 rnn E is 0 `Q N'> 0 C O E _C O) 'p u) C Q 0 03 cC c >, C Q 0 > 0 O 0 0 n.0 Y E. E _ u) 0 C N (n O 0 as > 0 C c 3 >' "O C U as > 0 co 0 — (0— 0 E N QU N� 3 _p) 0 M- U p Oas a N y (0 C 0 0 OLL d O C a) 0 O o O L QQ *ti E N X , "'2 O O E o. W 'o o Q (0 Q 0 0) EE cocm0 co ca0 3 0) Q- E •C 0 - coo co �c oa) Qui o. 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Z O 0o a) 0) 5 U cn n>. ca) -Q. ir C L CO Coog L g - P =ia> `uEEcOn LO EE�o t 13 CD � w -` in aa) C o5 -E' cc m O o- w 0.. W N E 1 - a) a> � E r E N in0 • •Ca O O o E _to U 2 U 2.E 2LL �w v 20 M16 — Construction may begin DATE: September 17, 2008 SUBJECT: City Council Meeting — September 25, 2008 ITEM: 14E2. Consider authorizing the Mayor to execute a Cooperative Agreement with the Bureau of Reclamation for the Williamson County Water Reclamation and Reuse Project. Department: Staff Person: Justification: Water and Wastewater Utilities Michael Thane P.E., Director of Utilities The City of Round Rock has plans to expand the existing reuse water system. This agreement sets forth the requirements for the City in order to qualify for federal grant reimbursement of 25% of eligible costs for reuse water projects. The City will gain the advantage by being the first municipality to enter into such agreement in Williamson County; therefore, the City will be first in line to receive grant reimbursements and will qualify to receive 100% of the Fisccal Year 2008 appropriation of $346,000. In addition, the City will be eligible to receive up to two-thirds future federal appropriations when other Williamson County entities are competing for available funds. Funding: Cost: N/A Source of funds: N/A Outside Resources: Department of Interior - Bureau of Reclamation Background Information: This agreement does not commit the City to any additional projects or expenses, other than to perform the tasks necessary to fulfill the requirements that will qualify the City's reuse water projects for federal grant reimbursement. Those requirements are spelled out in detail in the agreement, but generally amount to 1) performing an engineering feasibility study to determine if the City's projects are cost-effective and the best alternative for generating potable water alternatives, and 2) environmental reviews of the projects to obtain National Environmental Protection Agency (NEPA) compliance. Also, there are additional reporting and accounting requirements for tracking and for filing for the grant reimbursements funds. Public Comment: N/A EXECUTED DOCUMENT FOLLOWS Cooperative Agreement No. 08FC602334 COOPERATIVE AGREEMENT BETWEEN THE CITY OF ROUND ROCK AND THE BUREAU OF RECLAMATION FOR THE WILLIAMSON COUNTY WATER RECLAMATION AND REUSE PROJECT I. AUTHORITY This Cooperative Agreement (agreement) is entered into between the United States of America, acting through the Department of the Interior, Bureau of Reclamation, hereinafter referred to as "Reclamation", and the City of Round Rock hereinafter referred to as the "City" is entered into pursuant to the Reclamation Wastewater and Groundwater Study and Facilities Act of 1992, Public Law 102-575, Title XVI, Section 1621, as amended by the Williamson County Water Recycling Act of 2004, P. L. 108-316, dated Oct. 5, 2004. P.L. 102-575, Title XVI as amended, directs the Secretary of the Interior to "undertake a program to investigate and identify opportunities for reclamation and reuse of municipal, industrial, domestic, and agricultural wastewater, and naturally impaired ground and surface waters, for the design and construction of demonstration and permanent facilities to reclaim and reuse wastewater." Section 1602(c) states, "The Secretary is authorized to enter into such agreements and promulgate such regulations as may be necessary to carry out the purposes and provisions of this title". Section 1604 further authorizes the Secretary to work with Federal, State, regional, and local authorities, as necessary, to determine the feasibility of water reclamation and reuse projects. Public Law 108-316, October 5, 2004, specifically authorizes the Secretary, in cooperation with the Lower Colorado River Authority (LCRA), to participate in the design, planning and construction of permanent facilities to reclaim and reuse water in Williamson County, Texas. Section 1636 (b) states that the Federal cost -share of the project will not exceed 25 percent of the total project cost. The City of Round Rock is located in Williamson County, and thus qualifies for Federal funding under P.L. 108-316. II. BACKGROUND AND OBJECTIVE Williamson County is one of the fastest growing counties in the State of Texas. The San Gabriel River (a tributary of the Brazos River) and the Edwards Aquifer in northern Williamson County are drinking water sources for over 200,000 people. The Texas Water Development Board has 1 2 -00 -09 --ay.- 1.42-- Cooperative Agreement No. 08FC602334 concluded that existing wells in the county are currently overdrawing available groundwater supplies. The Brazos River Authority (BRA) recently completed a pipeline from a reservoir in an adjacent county to augment the limited surface water supply. The BRA pipeline is expected to extend current supplies for another 10 to 15 years. The extensive use of drinking water for irrigation purposes at parks, schools, and golf courses places an additional burden on the available water; however, there are a number of golf courses currently receiving treated effluent from existing treatment plants. Numerous cities in Williamson County have indicated a desire to construct additional recycling projects to supplement their water supplies. Reclamation and the LCRA will be developing a Memorandum of Understanding (MOU) with those entities wishing to obtain Federal funds under Reclamation's Title XVI Program for their recycling projects. The MOU will establish a Williamson County Regional Reuse Partnership with interested parties, as well as provide general guidance associated with Reclamation's administration of Federal funding. This particular agreement details the responsibilities and costs associated with the planning, design, and construction of water recycling facilities proposed by the City of Round Rock, one of many cities located in Williamson County. Any additional recycling facilities proposed by other cities in Williamson County would be included in separate cost-sharing agreements. III. PUBLIC BENEFIT The statewide water planning initiative that originated with Texas Senate Bill 1 identifies reuse water as a viable and necessary source of water to Williamson County over the next 50 years. A consolidated water reuse system throughout the County will improve overall project efficiency, help accelerate the conversion to effluent reuse at locations now using raw water or drinking water for irrigation purposes, and will free up current and future sources of raw and drinking water. Switching to reuse water for irrigation may also result in a lower overall cost. The public will benefit from this agreement because it will facilitate implementation of planning and environmental studies to identify wastewater reuse opportunities and alternatives and their subsequent economic and environmental impacts. It will also facilitate the design and construction of the preferred wastewater reuse alternative, thereby alleviating potable water demands on important water resources. IV. STATEMENT OF WORK This agreement includes all responsibilities and costs associated with the planning, design, and construction of the City's project. The Federal share of the total project cost shall not exceed twenty-five percent of the total project cost. 2 Cooperative Agreement No. 08FC602334 PROJECT DESCRIPTION: The City is proposing to construct wastewater reuse infrastructure to accommodate the recycling of approximately 10 million gallons per day (mgd) of water. The City is currently preparing final construction plans on an 8,300 linear foot reclaimed pipeline (Old Settler's reclaimed pipeline) that would connect to an existing 24 inch pipeline and provide Type I effluent water from the Brushy Creek Regional Wastewater Treatment Plant to Old Settler's Park'. However, the City will lack pumping capabilities to deliver the reclaimed water to immediate reuse customers. The City also lacks reuse infrastructure to deliver treated effluent to future potential customers. The City's proposed wastewater reuse project would be constructed in three phases. Phase I includes the construction of pumping and treatment facilities adjacent to the Brushy Creek Regional Wastewater Treatment Plant. The pumping facilities would consist of variable frequency drive motors and pumps with a six mgd firm pumping capacity. Treatment facilities would utilize concrete basin filters and disc technology, as well as concrete basin chlorine contact chambers. Phase II consists of constructing additional reuse transmission pipelines from either the existing 24 -inch pipeline or the Old Settler's reclaimed pipeline currently under final design. The size and length of transmission lines will be determined by future demand and economic feasibility. Phase III would consist of the final expansion of Phase I pumping facilities to allow the distribution of up to 10 mgd of Type I effluent to future reclaimed water customers. RESPONSIBILITIES OF THE PARTIES: A. THE CITY SHALL: General: 1. Contribute at least 75 percent or $14,330,495 of a total project cost of $19,107,327 associated with planning, environmental compliance, design, and construction of recycling facilities authorized under P.L. 108-316, as identified in Section D of this agreement. 2. Document their capability to fund the non -Federal proportionate share of project costs. 3. Consult with and seek input from Reclamation on maintaining the Project within the identified work plans and Project objectives as stated in this Agreement, and seek Reclamation concurrence for any significant deviation from such work plans and Project goals. 4. Collaborate with Reclamation in the completion of all activities identified in this Agreement. ' This reclaimed pipeline is NOT included for Federal funding under Reclamation's Title XVI Program 3 Cooperative Agreement No. 08FC602334 5. Collaborate with Reclamation on technical and administrative aspects of the Project through periodically -scheduled meetings with Reclamation personnel or periodically written updates. 6. Provide Reclamation with its reasoning, in writing, when the City chooses not to implement Reclamation's written advice or comments on any aspect of fulfilling the requirements of this Agreement. 7. Appoint a representative to serve as the City liaison with Reclamation and any third party contractor and facilitate communication and interaction between Reclamation and the Third -party contractor. 8. Complete tasks identified in the work plan within the agreed Milestone dates provided in Exhibit C. Planning and Environmental Compliance Phase: 1. Complete the Feasibility Report in accordance with Reclamation's requirements set forth in WTR 11-01, Title XVI Water Reclamation and Reuse Program Feasibility Study Review Process. This includes, but may not be limited to, tasks identified in the attached work plan (Exhibit A). 2. Provide environmental studies, surveys and information to Reclamation in support of environmental compliance requirements. 3. Facilitate public involvement under Reclamation direction. 4. Comply with Reclamation's reporting requirements, including providing detailed invoices of all expenditures associated with planning and design activities for which the City requests reimbursement. Design and Construction Phase: 1. Annually prepare a work plan and budget for the construction activities to be undertaken during that fiscal year and submit to Reclamation for review and approval. The annual work plan shall identify the anticipated work accomplishments and estimated expenditures for the reporting period. The City shall submit three copies of the work plan and associated budget estimate by October 1St of each year, and the beginning of each fiscal year for which the Project is funded. Each work plan and budget will be for the upcoming fiscal year and will describe and justify the activities to be performed and their 4 Cooperative Agreement No. 08FC602334 associated costs for the performance period. The budget will separately identify the funds contributed by the City and Reclamation. 2. Comply with Reclamation's reporting requirements, including providing detailed invoices of all expenditures associated with construction activities for which the City requests reimbursement. 3. Once construction is completed, submit to Reclamation two copies of the final construction documentation, certified by a registered professional engineer. This documentation shall include "as built" drawings of constructed facilities or other appropriate verification, acceptable to Reclamation. 4. Assume all operation, maintenance, repair, and rehabilitation responsibilities of the Project once construction is completed. B. RECLAMTION WILL: 1. Contribute, subject to the availability of funds, up to 25 percent of total project costs, including feasibility planning, environmental compliance, design, and construction, not to exceed $4,776,832. Of this amount, Reclamation will retain up to $63,050 for activities and services it performs related to feasibility planning and environmental compliance, and up to $363,641 for ongoing administration of the agreement throughout construction. This includes such activities as budget and account bookkeeping, review and approval of quarterly reports prepared by the City, quarterly construction verification and documentation, and reporting to Congress. 2. Reimburse the City, subject to the availability of Federal funds, up to $4,350,141. Section D of this agreement provides further details on Federal in-kind services and reimbursement totals. 3. Provide a statement of Reclamation's costs at the end of each fiscal year. The City may request explanations or a review of the costs included in the statement; however, Reclamation's determination on the validity of the costs is final. 4. Complete all tasks identified in the work plan identified in Exhibit B. 5. Complete tasks identified in the work plan within the agreed Milestone dates provided in Exhibit C. 6. Review and the Feasibility Report in accordance with provisions outlined in WTR 11-01, Title XVI Water Reclamation and Reuse Program Feasibility Study Review Process and 5 Cooperative Agreement No. 08FC602334 make a finding as to whether the Feasibility Report is complete. 7. Review the City's documentation of its financial capability to pay the non -Federal share of the Project costs 8. Make a determination as to whether the City's project will qualify for Federal financing. 9. Review and approve the City's annual work plans. 10. Review and verify actual work accomplishments and approve deliverables as required under this Agreement. 11. Document and monitor Federal expenditures to ensure that funds are being spent for authorized project purposes and that all costs are allowable, allocable, reasonable, and necessary. 12. Be responsible for complying with applicable Federal environmental and cultural resource laws and regulations, including but not limited to the National Environmental Policy Act (NEPA) and the National Historic Preservation Act (NHPA). 13. Provide oversight and guidance to the City for any necessary environmental compliance activities and information that the City may be required to undertake and/or provide for Reclamation to comply with applicable laws and regulations. 14. Appoint a representative to serve as Reclamation liaison with the city and any third party contractor; and Communicate and interact with any third party contractor as needed. 15. Provide technical and administrative advice on the development of the Project as needed. 16. Prepare budget submittals for Federal appropriations to support out -year funding of the Feasibility Report. 17. Prepare reports to Congress, as necessary. C. RESTRICTIONS AND LIMITATIONS 1. Restrictions: The City cannot complete final design or begin construction until (1) Reclamation's Director of Policy and Program Services notifies the City that Reclamation has found that the Feasibility Report is complete and meets all requirements established in WTR 11-01 and P.L. 102-575 and (2) Reclamation has completed NEPA compliance documentation and notified the City in writing that the City can proceed with 6 Cooperative Agreement No. 08FC602334 construction. If the City proceeds with construction prior to the completion of the Feasibility Report and NEPA documentation, and without Reclamation's approval, Reclamation will disallow any associated costs that the City incurs. 2. Exceptions: The City may proceed with program management and initial design. Certain other non -construction activities prior to the completion of NEPA compliance documentation may be eligible for funding provided that these activities will not adversely affect the human and/or natural environment or selection of the preferred alternative. The City is advised to consult with Reclamation prior to proceeding with such activities to determine whether they will adversely affect the human and/or natural environment or the selection of the preferred alternative. Consultation can only reduce the risk of such activities becoming ineligible for reimbursement. Reclamation cannot formally review such activities until NEPA compliance has been completed. 3. Reimbursement: Project expenses pertaining to program management and initial planning and design may be submitted to Reclamation for reimbursement before completion of NEPA on a quarterly basis. After NEPA compliance is complete, any non - construction expenses other than program management and design that occurred prior to the completion of NEPA compliance may then be submitted to Reclamation for approval and reimbursement. 4. Project Modifications: Substantial changes to the project scope as defined in the final NEPA document must be approved by Reclamation before initiating any such changes. Changes to the Project scope may require additional environmental analysis and supplemental NEPA documentation. Any work/construction conducted without prior NEPA clearance will not be eligible for Federal funding. D. ESTIMATED EXPENDITURES: 1. Planning and NEPA compliance: A detailed summary budget sheet is in tabular form in Exhibits A (City of Round Rock) and B (Reclamation. The total estimated costs are as follows: A B Water Reuse Opportunities Formulation and Description of Alternatives Problems/Needs $5,457 $7,629 $16,158 7 Cooperative Agreement No. 08FC602334 D Economic Analysis $14,298 F Environmental Analysis/NEPA Compliance $34,500 G Legal Institutional Requirements $5,141 $4,145 H Financial Capability I Research Needs I Administrative 694 $48,069 $35,080 $27,970 2. Design and Construction: the total estimated costs are as follows: arei t Design and Bid $362,495 Construction Phase I Construction Chlorine Contact and Pump Station Filters Piping and Site Improvements Subtotal See below $1,239,520 $1,003,300 $985,520 $2,542,000 Phase II Construction 8 Cooperative Agreement No. 08FC602334 Line 1 — from OSP north to University Line 2 — Linel west to Meadow Lake Park Line 3 — from existing 24" near 1460 west to Stoney Point High Elevated Storage Subtotal $2,984,500 $2,349,500 $463,550 $5,397,500 $11,195,050 Phase III Construction Chlorine contact, filters and pumping Subtotal Construction Total eciamation Administratior'A �rs#ruction =costs) DESIGN CON $4,445,000 $4,445,000 $18,182,050 3. Total Cost Summary. The total project costs, Federal and non -Federal cost -share, in- kind service costs, and total Title XVI reimbursement are as follows: SUMMARY Feasibility Report/NEPA Compliance Design & Construction Total Project Cost City of Round Rock Cost -Share (75%) Reclamation Cost -Share (25%) Federal Reimbursement to City of Round Rock COST $199,141 $18,908,186 $19,107,327 $14,330,495 $4,776,832 $4,350,141 4. It is recognized and agreed that all costs incurred by Reclamation related to the 9 Cooperative Agreement No. 08FC602334 development and administration of this Agreement, and activities associated thereof, are considered part of the total costs of the Project, and therefore the City agrees to provide 75 percent of these costs in accordance with the authorization. 5. At the end of each fiscal year, Reclamation will provide the City with a statement of Reclamation's costs for that fiscal year. The City may request explanations or a review of the costs included in the statement; however, Reclamation's determination on the validity of the costs is final. The City's 75 percent share of Reclamation's costs shall be deducted from the City's first reimbursement request of the following fiscal year. Any funds remaining in Reclamation's retainage shall be immediately paid to the City. V. SPECIAL PROVISIONS/TERMS OF THE AGREEMENT A. IMPLEMENTATION, TERM, AND TOTAL AMOUNT ANTICIPATED TO BE AWARDED This agreement becomes effective on the date shown in Block 17a of Form 7-2277, United States of America, Department of the Interior, Bureau of Reclamation, Assistance Agreement. The agreement shall remain in effect until September 30, 2018, for a period of ten years. This is a cost -share agreement, with the Federal contribution being no more than 25 percent of the total project cost. The Federal contribution is subject to the availability of appropriations. B. PAYMENT POLICY Acceptance of a financial assistance agreement from Reclamation creates a legal responsibility on the part of the City organization to use the funds and property provided in accordance with the terms and conditions of the agreement. Reclamation has a reversionary interest in the unused balance of funding and in any funds improperly applied. Payments to the City will be made in accordance with the basic standards and methods stated in the payment regulations at 43 CFR 12.61 or 43 CFR 12.922, as applicable to this agreement. These requirements are intended to minimize the time elapsing between the transfer of funds from the Federal government and the disbursement of these funds by the City. Payment will be made by reimbursement. Payments under this Agreement will be subject to the availability of Federal funds and will be for up to 25 percent of the expenses incurred by the City during each reporting period, with the exception of the first quarter of each fiscal year, when 75 percent of Reclamation's administrative costs for the previous fiscal year will be deducted from the total reimbursement amount. 10 Cooperative Agreement No. 08FC602334 C. PAYMENT METHOD 1. Electronic Funds Transfer -- Payments under this agreement will be made to the City by electronic funds transfer (EFT) unless the City qualifies for exemption from this payment method. Reclamation utilizes the Automated Clearinghouse (ACH) Vendor Express payment system for EFT. Whether funds are paid in advance or as a reimbursement, the actual payment will be made through Vendor Express. Vendor Express allows the Government to transfer funds to a City's financial institution along with explanatory information regarding the payment. 2. Enrollment -- Upon award, the City will receive a copy of the SF -3881, ACH Vendor/Miscellaneous Payment Enrollment Form. This form is required to implement the Vendor Express system and to notify Reclamation of any change or corrections to financial institution information. 3. Requesting Payments -- Requests for advance or reimbursement may be made by the following methods: a. SF -271, Outlay Report and Request for Reimbursement for Construction Programs -- The SF -271 shall be used for construction agreements paid by the reimbursement method, letter of credit, electronic funds transfer, or Treasury check advance, except where the advance is based on periodic requests from the City, in which case the SF -270 shall be used. This request may be submitted on a quarterly basis, but no less frequently than on an annual basis. Citys may submit an original and two copies of a properly certified SF -271 form to the address identified in Block 8, page 1, of this agreement. This form is available on the Internet at http://www.whitehouse.gov/omb/grants/grants forms.html. b. Automated Standard Application for Payments (ASAP) — The City may utilize the Department of Treasury ASAP payment system to request advances or reimbursements. ASAP is a City -initiated payment and information system designed to provide a single point of contact for the request and delivery of Federal funds. Once a request is made through ASAP, funds are provided to the City either through ACH or Fedwire. Further information regarding ASAP may be obtained from the ASAP website at http://www.fms.treas.gov/asap. Upon award, you will be provided with information regarding enrollment in the ASAP system. D. REPORTING REQUIREMENTS AND DISTRIBUTION 11 Cooperative Agreement No. 08FC602334 Failure to comply with the reporting requirements contained in this agreement may be considered a material non-compliance with the terms and conditions of the award. Non-compliance may result in withholding of payments pending receipt of required reports, denying both the use of funds and matching credit for all or part of the cost of the activity or action not in compliance, whole or partial suspension or termination of the agreement, recovery of funds paid under the agreement, withholding of future awards, or other legal remedies. 1. Financial Reports -- All financial reports shall be signed by an Authorized Certifying Official for the City's organization. The following forms are available at http://www.whitehouse.gov/omb/grants/grants forms.html. a. SF -269 or SF -269a, Financial Status Report -- This form is utilized to report total expenditures for the reporting period. The SF -269 must be used if the City is accountable for the use of program income; otherwise, the SF -269a may used. b. An original and two copies of this form shall be submitted semi-annually, within 30 days following the end of each reporting period. c. A final SF -269 or SF -269a shall be submitted within 90 days following completion of the agreement. 2. Program Performance Reports a. Interim Reports: The City shall submit an original and two copies of program performance reports on a quarterly basis (by calendar year) within 30 days following the end of each reporting period. Program performance reports shall contain the following: 1. A narrative description of the actions performed during the quarter including any milestones or unexpected problems, delays, or issues. 2. A comparison of actual accomplishments with the goals and objectives established for the reporting period; 3. When appropriate, reasons why goals and objectives were not met; and 4. Other pertinent information including, when appropriate, analysis and explanation of cost overruns or high unit costs. b. Annual Reports: An original and two copies of an annual program performance report shall be submitted within 90 days following the end of each year of the agreement. Copies of this report may be required to be included with any application for continuing support of the agreement. c. Final Report: An original and two copies of the final program performance report shall be submitted no later than 90 days following the expiration or termination of the agreement. 12 Cooperative Agreement No. 08FC602334 3. Significant Developments: During the term of the agreement, the City must immediately notify the Grants Officer (GO) if any of the following conditions become known: a. Problems, delays or adverse conditions which will materially impair their ability to meet the objectives of the agreement; b. Favorable developments which enable the City to meet time schedules and objectives sooner than or at less cost than projected or to produce more beneficial results than originally planned. c. This notification is to include information on the actions taken or contemplated to resolve problems, delays, or adverse conditions, and any assistance needed from Reclamation to help resolve the problems. (4) Report Distribution -- The following table summarizes the reporting requirements. For additional information about the reporting requirements, please refer to Special Provisions VII.3. "Reporting Requirements and Distribution." (above). 13 REQUIRED REPORTS Interim Reports Final Reports Program Performance Reports Format No specific format required No specific format required Reporting period Calendar quarters ended: March 31, June30, September 30, December 31 Performance period which ends on the completion date of the agreement Due date Within 30 days after the end of the calendar quarter: April 30, July 31, October 31, January 30 Within 90 days after the completion date of the agreement Send one original to: GOTR Collins Balcombe (GOTR) Oklahoma -Texas Area Office 5316 Hwy 290 W., Suite 510 Austin, TX 78735 Phone: (512) 899-4162 Fax: (512) 899-4179 E-mail: cbalcombe@Qp.usbr.gov GOTR Collins Balcombe (GOTR) Oklahoma -Texas Area Office 5316 Hwy 290 W., Suite 510 Austin, TX 78735 Phone: (512) 899-4162 Fax: (512) 899-4179 E-mail: cbalcombe@ep.usbr.gov Financial Status Reports Format Form SF -269a (if no income is earned by the grant activity) Form SF -269a (if no income is earned by the grant activity) Reporting period Calendar quarters ended: March 31, June30, September 30, December 31 Performance period which ends on the completion date of the agreement Due date Within 30 days after the end of the calendar quarter: April 30, July 31, October 31, January 30 Within 90 days after the completion date of the agreement 13 Send one original to: Cooperative Agreement No. 08FC602334 Cash Transaction Reports Format GOTR Collins Balcombe (GOTR) Oklahoma -Texas Area Office 5316 Hwy 290 W., Sutie 510 Austin, TX 78735 Phone: (512) 899-4162 Fax: (512)899-4179 E-mail: cbalcombe!a,ep.usbr.gov GOTR Collis Balcombe (GOTR) Oklahoma -Texas Area Office 5316 Hwy 290 W., Suite 510 Austin, TX 78735 Phone: (512) 899-4162 Fax: (512) 899-4179 E-mail: cbalcombe 2gp.usbr. Reporting period Due date Form SF -272 Send one original to: E. MODIFICATIONS Quarterly — per calendar quarter Required only when recipient draws cash in advance, and holds the cash more than 3 days before disbursement, report is due within 15 days after the end of the calendar quarter GOTR Collins Balcombe (GOTR) Oklahoma -Texas Area Office 5316 Hwy 290 W., Suite 510 Austin, TX 78735 Phone: (512) 899-4162 Fax: (512) 899-4179 E-mail: cbalcomberep.usbr.gov Any changes to this agreement shall be made by means of a written modification. Reclamation may make changes to the agreement by means of a unilateral modification to deal with administrative matters, such as changes in address, no -cost time extensions, the addition of previously agreed upon funding, or deobligation of excess funds at the end of the agreement. Additionally, a unilateral modification may be utilized by Reclamation if it should become necessary to suspend or terminate the agreement in accordance with 43 CFR 12.83 or 43 CFR 12.961, as applicable. All other changes shall be made by means of a bilateral modification to the agreement. No oral statement made by any person, or written statement by any person other than the GCAO, shall be allowed in any manner or degree to modify or otherwise effect the terms of the Agreement. All requests for modification of the Agreement shall be made in writing, provide a full description of the reason for the request, and be sent to the attention of the GCAO. Any request for project extension shall be made at least 45 days prior to the expiration date of the agreement or the expiration date of any extension period that may have been previously granted. Any determination to extend the period of performance or to provide follow-on funding for continuation of a project is solely at the discretion of Reclamation. 14 Cooperative Agreement No. 08FC602334 F. CITY'S PROJECT MANAGER The city's Project Manager for this Agreement shall be: Michael Thane, P.E., Utility Director 212 Commerce Blvd. Round Rock, Texas 78664 512-218-3236 G. KEY PERSONNEL Alan McGraw, Mayor City of Round Rock 211 E. Main Street Round Rock, Texas 78664 Jim Nuse, City Manager City of Round Rock 211 E. Main Street Round Rock, Texas 78664 512-218-5401 In accordance with 43 CFR 12.70(d)(3)) or 43 CFR 12.925, as applicable, the city shall notify Reclamation when any changes are made in the key personnel identified above. H. GRANT OFFICER'S TECHNICAL REPRESENTATIVE (GOTR) The GOTR for this agreement will be: Bureau of Reclamation Collins K. Balcombe, Special Projects Director Oklahoma -Texas Area Office Bureau of Reclamation 5316 Highway 290 West Ste. 510 Austin, Texas 78735-8931 Wk: 512-899-4162 Fax: 512-899-4179 cbalcombe(a,gp.usbr.gov The GOTR is authorized to act only on technical matters during the term of this Agreement. The GOTR and the City's Project Manager will work closely to insure that all requirements of the 15 Cooperative Agreement No. 08FC602334 Agreement are being met. The GOTR's responsibilities include, but are not limited to, the following: 1. Assist the City concerning the accomplishment of the tasks described in the Agreement; 2. Provide information to the City which assists in the interpretation of the tasks; and 3. Review, and where required, approve reports and information to be delivered to the Government. Technical assistance must be within the general scope of the Agreement. The GOTR does not have the authority to and may not issue any technical assistance which: 1. Constitutes an assignment of additional work outside the general scope of the Agreement; 2. In any manner causes an increase or decrease in the total estimated cost or the time required for performance; or 3. Changes any of the expressed terms, conditions, or specifications. L FUNDS AVAILABLE FOR PAYMENT The Government's obligation under this Agreement is contingent upon the availability of appropriated funds from which payment for Agreement purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the GO for this Agreement, and until the City receives notice of such availability, to be confirmed in writing to the City by the GO. Pursuant to the Act of Congress of June 17, 1902 (32 Stat. 388), and acts amendatory thereof or supplementary thereto, all commonly known as Reclamation Law, funds for Reclamation's participation in a Feasibility report and Environmental Analysis under the first year of this agreement are included in the fiscal year 2007 Energy and Water Development Appropriation (Public Law 110-5). Funding for any optional year of the agreement is contingent upon subsequent Congressional funding. J. REIMBURSABLE COSTS AND LIMITATIONS: 1. The City shall provide all personnel, services, facilities, equipment, materials and supplies, and perform all travel which may be necessary and appropriate for the proper performance of this Agreement. Costs so incurred will be paid for as provided herein. Reclamation's obligation to provide funding to the City for costs incurred in these connections shall be limited to the City's direct and indirect costs associated with this Agreement. All such direct and indirect costs must be determined to be allowable under the regulations contained in 48 CFR Subpart 31.2 or an OMB Cost Principle Circular, as 16 Cooperative Agreement No. 08FC602334 applicable, which are incorporated herein through the General Provisions of this agreement. 2. The City shall not incur costs or obligate funds for any purpose pertaining to operation of the program or activities beyond the expiration date stated in the agreement. The only costs which are authorized for a period of up to 90 days following the award expiration date are those strictly associated with closeout activities for preparation of the final report. 3. Reclamation will not be obligated to provide funding to the City and the City shall not be obligated to continue performance under the Agreement or to incur costs in excess of the costs set forth in the annual project budget unless the GO has furnished the City a modification to increase the available funding for the Agreement. K. BUDGET REVISIONS The City shall follow the requirements at 43 CFR 12.70(c) and 43 CFR 12.925, as when making revisions to budget and program plans. Additionally, approval shall be requested for transfers of amounts budgeted for indirect costs to absorb increases in direct costs or vice -versa L. PROCUREMENT STANDARDS When utilizing Federal funds for the procurement of supplies and other expendable property, equipment, real property, and other services under this agreement, the City shall utilize the Procurement Standards set forth at 43 CFR 12.76 and 43 CFR 12.940 -12.948, as applicable. The City may be required to submit evidence that its procurement procedures are in compliance with the standards stated therein. Additional guidance for contracting with small and minority firms, and women's business enterprises is included in the General Provisions section of this agreement. M. PROPERTY STANDARDS All property, equipment and supplies acquired by the City with Federal funds will be subject to usage, management, and disposal in accordance with the Property Standards at 43 CFR 12.72 - 12.73, and 43 CFR 12.930 - 12.937, as applicable. No real property will be acquired under this agreement. N. INSPECTION Reclamation has the right to inspect and evaluate the work performed or being performed under this agreement, and the premises where the work is being performed, at all reasonable times and 17 Cooperative Agreement No. 08FC602334 in a manner that will not unduly delay the work. If Reclamation performs inspection or evaluation on the premises of the City or a sub City, the City shall furnish and shall require sub Citys to furnish all reasonable facilities and assistance for the safe and convenient performance of these duties. O. AUDIT Citys are responsible for obtaining audits in accordance with the Single Audit Act Amendments of 1996 (31 U.S.C. 7501-7507) and revised OMB Circular A-133, "Audits of States, Local Governments, and Non -Profit Organizations." Audits shall be made by an independent auditor in accordance with generally accepted government auditing standards covering financial audits. Additional audit requirements applicable to this agreement are found at 43 CFR 12.66 or 43 CFR 12.926, as applicable. General guidance on the single audit process is included in a pamphlet titled, "Highlights of the Single Audit Process" which is available on the internet at http://www.dot.gov/ost/m60/grant/sincontact.htm. Additional information on single audits is available from the Federal Audit Clearinghouse at http://harvester.census.gov/sac. P. ENFORCEMENT In accordance with 43 CFR 12.83 or 43 CFR 12.962, as applicable, if the City materially fails to comply with any term of this agreement, whether stated in a Federal statute or regulation, an assurance, in a State plan or application, a notice of award, or elsewhere, Reclamation may take one or more of the following actions as appropriate: 1. Temporarily withhold cash payments pending correction of the deficiency by the City or sub -City or more severe enforcement action by the awarding agency. 2. Disallow (deny both use of funds and any matching credit for) all or part of the cost of the activity or action not in compliance. 3. Wholly or partly suspend or terminate the current award for the City's or sub City's program. 4. Withhold further awards for the program. 5. Take other remedies that may be legally available. Q. TERMINATION In accordance with 43 CFR 12.84 or 43 CFR 12.961, as applicable, and except as provided for in the Enforcement Provision, above, this agreement may be terminated in whole or part only as follows: 18 Cooperative Agreement No. 08FC602334 1. By the awarding agency with the consent of the City or sub City in which case the two parties shall agree upon the termination conditions, including the effective date and in the case of partial termination, the portion to be terminated. 2. By the City or sub -City upon written notification to Reclamation, setting forth the reasons for such termination, the effective date, and in the case of partial termination, the portion to be terminated. However, if, in the case of a partial termination, the awarding agency determines that the remaining portion of the award will not accomplish the purposes for which the award was made, the awarding agency may terminate the award in its entirety under either the Enforcement Provision or paragraph 1 of this Provision. R. PREAWARD INCURRENCE OF COSTS The City shall be entitled to have incurred costs for the planning activities detailed in this agreement and documented in a total amount not to exceed $10,000 for allowable costs incurred on or after October 5, 2004, the date of Authorization for P.L.108-316. S. COPYRIGHTS For Citys subject to the administrative standards set forth in OMB Circular A-110, the following copyright provision, as implemented by 43 CFR 12.936(a), shall apply: 1. The City may copyright any work that is subject to copyright and was developed, or for which ownership was purchased, under an award. The Federal awarding agency(ies) reserves a royalty -free, nonexclusive and irrevocable right to reproduce, publish, or otherwise use the work for Federal purposes, and to authorize others to do so. 2. For Citys subject to the administrative standards set forth in OMB Circular A-102 and the Grants Management Common Rule, the following copyright provision, as implemented by 43 CFR 12.74, shall apply: a. The Federal awarding agency reserves a royalty -free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for Federal Government purposes: i. The copyright in any work developed under a grant, subgrant, or contract under a grant or subgrant; and ii. Any rights of copyright to which a grantee, sub grantee or a contractor purchases ownership with grant support. 19 Cooperative Agreement No. 08FC602334 T. RIGHTS TO DATA: For Citys subject to the administrative standards set forth in OMB Circular A-1 10, the following provision, as implemented by 43 CFR 12.936(c), shall apply: The Federal Government has the right to: I . Obtain, reproduce, publish or otherwise use the data first produced under an award; and 2. Authorize others to receive, reproduce, publish, or otherwise use such data for Federal purposes. U. STANDARD TERMS AND CONDITIONS In addition to the above terms, there are standard terms and conditions that apply to all grants and cooperative agreements entered into under the Federal Grant and Cooperative Agreement Act Of 1977 (31 U.S.C. §§ 6301-6308) and 43 CFR Part 12 — Administrative and Audit Requirements and Cost Principles for Assistance Programs. These terms and conditions can be found at: http://www.usbr.gov/mso/aamd/downloads/Standard Terms Agreements 06 2006.doc EXHIBIT A: CITY OF ROUND ROCK PLANNING AND ENVIRONMENTAL WORKPLAN A. PROBLEMS AND NEEDS 20 Cooperative Agreement No. 08FC602334 Task Al. Describe the key water management problem(s) for which water reclamation and reuse may provide a solution. Detail the overall county water resources management strategy. Review past studies and reports regarding water demand, water supply, and the market for reclaimed water in the County's water system. Update the conclusions and results from these reports based on recent trends in water use, development patterns, and the local economy. Task A2. Describe the near- and long-term water demand and supplies in the study area refer to section 1604 (c)(1), include factors considered such as a water use sector analysis (residential, commercial, public, industrial, and unaccounted water), population projections, climate, metering and pricing, water pressure and availability of sewer system, etc. Water quantities will be identified in acre-feet when such quantities are needed. Task A3. Identify the cost to develop those supplies, if known, and assess the level of certainty associated with those estimates. Task A4. In the description of the "Setting", include a paragraph on Geographic, Geological, and Hydraulic Settings; where each topic will discuss their relationship to the County's problems and opportunities. Geological setting is important in relation to construction, e.g., depth to bedrock, Edwards Aquifer recharge areas, etc. HDR Staff Time: 5 days Round Rock Staff Time: 0 HDR Cost Estimate: $ 5,457 Round Rock Cost Estimate: $0 TOTAL COST: $5,457 B. WATER REUSE OPPORTUNITIES — This section identifies the sources of reclaimed water, estimates the water quality, and evaluates issues related to its use. Task B 1. Address the opportunities for water reuse in the study area and identify the sources of water, including quantities in acre-feet that could be reclaimed. Estimate the quantities of reclaimed wastewater already in use. Task B2. Summarize the status of water reuse and water reclamation technology, as applied to this situation, and describe opportunities for development of improved technologies in the study Area, [refer to section 1603 (b)(2)]. Task B3. Identify all potential uses of reclaimed water, including, but not limited to, groundwater recharge, municipal, domestic, industrial, agricultural, power generation, environmental restoration, fish and wildlife, and recreation [refer to sections 1603 (b)(1) and 1604(c)(2)]. Task B4. Please provide a discussion of the effects of each of the alternatives on the downstream water rights as required on Page 16 of the Guidelines. HDR Staff Time: 6 days HDR Cost Estimate: Round Rock Staff Time: 0 $7,629 Round Rock Cost Estimate: $0 21 Cooperative Agreement No. 08FC602334 TOTAL COST: $7,629 C. DESCRIPTION OF ALTERNATIVES As appropriate, describe all of the alternatives that were considered to accomplish the water supply objective being addressed with the project. These measures may include structural and/or nonstructural measures such as water conservation. (Note that these alternatives may have already been addressed in other reports.) In addition, describe the no action alternative which is the action that the sponsor would take if Federal funding was not provided for the project. When formulating a Title XVI Feasibility Plan, NEPA regulations require that the no action alternative always be considered. Task C 1. Description of the no action alternative or alternative which would be that action(s) the LCRA and Williamson County water stakeholders would take without the proposed project. Include amounts of current recycled water distributed and conserved by water conservation measures. Also, describe expected recycled water distribution and water conservation amounts that are projected without implementation of proposed project(s). Task C2. Provide an analysis of at least two alternative measures or technologies available for water reclamation, distribution, and reuse for the project under consideration, refer to section 1604 (c)(3). Coordinate these alternatives with those in the environmental analysis, if possible. Task C3. Provide a description of each alternative including the physical, institutional, or operational features needed for a fully functioning alternative, and how each alternative would operate. List the annual life cycle for each of the alternatives. Task C4. Provide an engineering cost estimate for proposed project construction in sufficient detail to permit evaluation of the project. Construction cost estimates will generally include costs for major structures, facilities, or other types of construction as appropriate for the project, including real property acquisitions and rights of way easements. Provide a construction implementation schedule. Direct construction costs should be based on quantities and unit prices. Lump -sum estimates should be used only for items of relatively small cost and where developing the estimates are impractical or unnecessarily costly. Indirect costs, including contingency costs, should be less than or equal to 20 percent of total construction costs. Task C5. Provide a map or drawing for each alternative. Task C6. Identify quantities of water in acre-feet that would be reclaimed by each alternative and when such quantities would be needed. Task C7. Discuss the market for, or dedicated use of, the water which would be reclaimed by each alternative, including expressions of interest or contractual commitments for using the Water, [refer to section 1604 (c)(6)]. 22 Cooperative Agreement No. 08FC602334 Task C8. Describe any barriers to the use of reclaimed water in the study area and how these barriers would be overcome, [refer to sections 1603 (b)(3) and 1603 (b)(4)]. Task C9. Provide a specific quantified analysis refer to section 1604 (c) (5) of whether the proposed development of water reclamation and reuse measures would: (a) near and long-term water demand and supplies in the study area; (b) all potential uses for reclaimed water; (c) at least two alternative measures or technologies available for water reclamation, distribution, and reuse for the project under consideration; (d) public health and environmental quality issues associated with use of reclaimed water; (e) whether development of the water reclamation and reuse measures under study would; I . reduce, postpone, or eliminate development of new or expanded water supplies; 2. reduce or eliminate the use of existing diversions from natural watercourses or withdrawals from aquifers; or 3. reduce the demand on existing Federal water supply facilities. (f) the market or dedicated use for reclaimed water in the project's service area. Identify what those other sources would be, quantities in acre-feet of those sources, identify when such quantities and sources would be needed, the costs to develop the other sources, and assess the level of certainty associated with those estimates. Task C10. Discuss how each alternative would promote or apply a regional or watershed perspective to water resource management or cross -boundary issues. HDR Staff Time: Round Rock Staff Time: 13 days HDR Cost Estimate: $16,158 0 Round Rock Cost Estimate: $0 TOTAL COST: $16,158 D. ECONOMIC ANALYSIS OF ALTERNATIVES LCRA may participate in the development of the Economic Analysis and provide all information needed to conduct the following tasks: Task Dl. Review recycling alternative and any other potential alternatives included as part of the feasibility report. Identify the benefited population associated with each alternative and the project costs (including O&M) over the project life. The identification of benefited population will include consideration of population growth in the future as well as economic development and growth. Task D2. Estimate the M&I benefits associated with the reuse alternative and all other alternatives included in the feasibility report. These benefit estimates will be based on previously completed M&I water supply and demand studies with adjustments made to apply to the city (the Benefits Transfer method). A cost effectiveness analysis will be completed to indicate the effectiveness of the reuse alternative compared to other alternatives will be included. 23 Cooperative Agreement No. 08FC602334 Task D3. Evaluate the current local and regional economic conditions, including employment and income, as a basis for comparing alternatives evaluated in the feasibility report. Task D4. A simple regional economic analysis will be completed using established economic models such as IMPLAN to evaluate the economic impact of each alternative on the local and regional economy. Task D5. Determine additional factors needed to assess Socio -Economic impacts of all alternatives to M&I water users. This information should include how the construction and O&M of each alternative would impact the rates of M&I water users over the course of the implementation schedule. HDR Staff Time: Round Rock Staff Time: 15 days 0 HDR Cost Estimate: $14,298 Round Rock Cost Estimate: $0 TOTAL COST: $14,298 E. ENVIRONMENTAL ANALYSIS OF ALTERNATIVES NOTE: § 1506.5 (c) of the Council of Environmental Quality's NEPA regulations requires that a contractor hired to write an Environmental Assessment (EA) be free of conflict of interest. Conflict of interest could arise if the same contractor were also hired for design, construction, or management of construction of a project. The EA contractor must file a statement with Reclamation stating that they have "no financial or other interest in the outcome of the project." Reclamation will evaluate the statement and may require that it be included in the EA. Tasks to be performed LCRA and/or consultant: 1. Environmental Compliance Task E1.1. the city will work closely with Reclamation to provide information that will be utilized in the preparation of a draft and fmal NEPA document. Task E1.2. The city will provide literature/records reviews and any necessary field reviews required for natural resources including physiography, geology, soils, water resources, vegetation, fish and wildlife and endangered species for the preparation of a draft and final NEPA document. Reclamation will determine what resources are required for review. Staff Time: 130 hours Cost Estimate: $10,000 2. Cultural Resources Coordinate with Reclamation in the completion of all cultural resource associated requirements and clearances. The feasibility report will describe activities and indicate the cost for surveys, mitigation and related activities to be conducted, if any are required in the "advance planning/final design" phase for the recommended plan. 24 Cooperative Agreement No. 08FC602334 Reclamation will conduct consultation with the Texas Historical Commission and prepare final language for the NEPA document. Cultural Resource compliance for the proposed project requires a qualified archeologist to perform all tasks. Task E2.1. Conduct Class I records search for all alternatives. Task E2.2. Conduct a Class III survey for the Preferred Alternative Task E2.3. Prepare and supply Reclamation with a report documenting findings of the records search and the results of the Class III survey Task E2.4. Coordinate with Reclamation on any mitigation required by the Texas Historical Commission Staff Time: 60 hours Cost Estimate: $4,500 3. Water Resources Coordinate with Reclamation in evaluating the hydrologic impacts of alternatives to implement the proposed waste water reclamation and reuse in the City of Round Rock. • Utilize the current TCEQ WRAP/WAM model for the Brazos River Basin to predict in -stream flow impacts from all alternatives. • Coordinate with Reclamation on model run criteria and assumptions. • Provide Reclamation with the raw data obtained from the model runs. Staff Time: 130 hours Cost Estimate: $10,000 4. Public Involvement City of Round Rock Public Involvement Public Hearing/Meeting Presentation Tasks to be performed by the city and/or Consultant: Task E4.1. Provide Reclamation with information from past public meetings and studies on the area's reclaimed water program. If an additional public meeting(s) is required, tasks E4.2 -E4.6 will be implemented: Task E4.2. Prepare background materials and agenda for a public meeting on the alternative measures. Task E4.3. Prepare for public hearing including formulating agenda to standards including posting and 25 Cooperative Agreement No. 08FC602334 distribution of the agenda. Task E4.4. Create and publish bi-lingual meeting announcement. Provide facilitation for and a record of the public meeting Task E4.5. Attend public hearing/meeting. Task E4.6. Finalize transcript and collected comments and submit report. Staff Time: 130 hours Cost Estimate: $10,000 F. LEGAL AND INSTITUTIONAL REQUIREMENTS Task Fl. Describe the results of the consultation activities under the Endangered Species Act (ESA), FWCA, and other applicable Federal and State laws, that have occurred between the non - Federal sponsor and appropriate Federal, State, regional, and local authorities during the Study, [refer to section 1603 (c)]. Task F2. Identify the public health and environmental quality issues associated with each alternative. Include Federal, State, and local public health and environmental regulatory requirements associated with the reuse alternatives and the ability of the alternatives to meet those requirements, [refer to section 1604 (c)(4)]. Task F3. Provide an analysis of the effects of the change of reclaimed water from its current use to the proposed alternative use, including economic and environmental effects, and effects on downstream water rights. Discuss any water right issues and how they would be resolved. Task F4. Discuss how the project meets other legal and institutional requirements, such as contractual water supply obligations, Indian trust responsibilities, water rights settlements, regional water quality control boards, or other requirements not previously addressed. Discuss any unresolved issue(s) associated with the project, how the issue(s) will be resolved, moreover, how the project would be affected if the issue(s) is not resolved. Task F5. Identify any legal or institutional constraints, not discussed above, that would affect the ability of the sponsor to implement the project. Task F6. To help ensure that all of the requirements for Appraisal level investigations (Exhibit A, pages 13, Al and A2) are addressed, add a 2 -column table similar to the following: Section 1603 (b) 1-5 Requirements Reference appropriate planning study, report, etc. or chapter where located in this report. 26 1. All potential uses of reclaimed water, including, but not limited to, environmental restoration, fish and wildlife, groundwater recharge, municipal, domestic, industrial, agricultural, power generation, and recreation. 2. Current status of water reclamation technology and opportunities for development of improved technologies. Cooperative Agreement No. 08FC602334 3. Measures to stimulate demand for and eliminate obstacles to use of reclaimed water, including pricing. 4. Measures to coordinate and streamline local, State and Federal permitting procedures required for the implementation of reclamation projects. 5. Measures to identify basic research needs required to expand the uses of reclaimed water in a safe and environmentally sound manner. HDR Staff Time: 3 days Round Rock Staff Time: 25 HDR Cost Estimate: $3,641 Round Rock Cost Estimate: $1,500 TOTAL COST: $5,141 G. FINANCIAL CAPABILITY OF THE SPONSOR Task G1. Present the proposed schedule for project implementation and the plan for funding the project's construction and operation, maintenance, and replacement costs, including the non - Federal and other Federal sources of funding. Task G2. Document the sponsor's financial capability to fund the non -Federal share of the project costs following Reclamation Title XVI Guidelines (Page 28) for documenting fmancial capability of non - Federal partners of water recycling projects refer to section 1604 (c)(7). Task G3. Reclamation will review funding methods proposed by non-federal sponsor. Task G4. In cooperation with the non-federal project sponsor, LCRA, Reclamation will complete/review an analysis of the financial capability of paying for a reuse project, phase or other alternative. HDR Staff Time: 1 day HDR Cost Estimate: $1,145 Round Rock Staff Time: 40 hours Round Rock Cost Estimate: $3,000 TOTAL COST: $4,145 H. RESEARCH NEEDS 27 Cooperative Agreement No. 08FC602334 Briefly identify basic research needs required to expand the uses of reclaimed water in a safe and environmentally sound manner that have resulted from the study of reclaimed water use in the study area refer to section 1603 (b)(5). HDR Staff Time: Round Rock Staff Time: 0.5 days 0 I. ADMINISTRATIVE TASKS 1. Project Management HDR Cost Estimate: $ 694 Round Rock Cost Estimate: $0 TOTAL COST: $694 The following information represents city's assessment of the costs required for Project management to conduct a feasibility report to determine the most feasible method of meeting long-term water supply needs in Williamson County service area. The Project Manager for this effort would function as the team leader and be responsible for coordination with the Reclamation and technical teams other participants: Ensure accomplishment of the following responsibilities: Task I1.1. Coordinate and develop working agreements between Reclamation and the LCRA and modify in accordance with the needs of the study. Task I1.2. Work accomplishments of individual technical disciplines will be tracked in relation to expenditures to ensure that study progress is being achieved efficiently. Problem areas will be identified early and discussed with Reclamation and the Technical staff. Task I1.3. Coordination with Reclamation and other participants will occur on a periodic basis through e-mail, phone calls, conference calls, and meetings when needed to monitor study progress and discuss study accomplishments and problems or concerns. Technical team meetings will be conducted as needed. Task 11.4. The development of a final purpose and need statement, goals and objectives, criteria for alternative development, and alternatives for the proposed project will be coordinated. Task 11.5. All documents produced as part of this study will be reviewed to ensure that they meet all requirements in accordance with purpose and need, goals, and objectives of the project. Task I1.6. Prepare and file financial status reports (SF -269), federal cash transactions reports (SF -272), interim reports, and annual reports in accordance with Section V.4 of the cooperative agreement. HDR Staff Time: 1 day HDR Cost Estimate: Round Rock Staff Time: 520 hours $ 5 Round Rock Cost Estimate: $36,500 28 Cooperative Agreement No. 08FC602334 TOTAL COST: $37,615 2. Technical Writing of Feasibility report (Ref. Exhibit A, pages 13-17) Task I2.1. Prepare drafts and revised drafts of the Feasibility report based on the various reports and studies prepared in Items A -H in accordance with specified milestones (Exhibit F). Task I2.2. Circulate the drafts of the Feasibility report for Reclamation QA/QC review and LCRA review. Incorporate edits and comments, including public comments, for final draft. HDR Staff Time: Round Rock Staff Time: 4 days HDR Cost Estimate: $4,454 80 hours Round Rock Cost Estimate: $6,000 TOTAL COST: $10,454 J. ENGINEERING DESIGN& BID HDR Cost Estimate: Plant Improvements - $250,406 (Design) & $28,876 (Bid) TOTAL COST ESTIMATE HDR (Feasibility Report): $54,591 ROUND ROCK (Administrative) : $0 ROUND ROCK (Environmental & Project Management): $81,500 TOTAL: $136,091 t 29 Cooperative Agreement No. 08FC602334 EXHIBIT B: RECLAMATION WORK PLAN A. PROBLEMS AND NEEDS Reclamation will be responsible for Quality Assurance/Quality Control (QA/QC) of this section. Associated costs are identified under I (2) of this plan. B. WATER REUSE OPPORTUNITIES Reclamation will be responsible for QA/QC of this section. Associated costs are identified under I (2). C. DESCRIPTION OF ALTERNATIVES Reclamation will be responsible for QA/QC of this section. Associated costs are identified under I (2). D. ECONOMIC ANALYSIS OF ALTERNATIVES Reclamation will be responsible for QA/QC of this section. Associated costs are identified under I (2). E. NEPA/CULTURAL STUDIES AND PUBLIC INVOLVEMENT 1. Environmental Compliance Reclamation will be responsible for all environmental compliance and have oversight responsibility in the work completed by LCRA. Reclamation has authority on all environmental compliance activities and fmal approval of any and all analysis. The environmental analysis will be an appendix to the Feasibility report. The environmental analysis is considered draft until formally approved by the OTAO Manager. Assumptions: • The resources evaluated, at a minimum, will include biological, economic impacts, social, and cultural resources. • There will be a draft and fmal NEPA document. • The NEPA document will include the feasibility alternatives and the no action alternative. Task E1.1 Reclamation will prepare the draft and final NEPA document. Task E1.2 Reclamation will respond to comments received regarding the draft NEPA document. Task E1.3 Reclamation will coordinate and consult with all necessary agencies as required by law. Task E1.4 Reclamation will prepare and sign the final decision document under NEPA Reclamation Staff Time (Grade Series 12): 35 days Cost Estimate: $24,850 30 Cooperative Agreement No. 08FC602334 2. Cultural Resource Studies and Report The feasibility report will describe and indicate the cost for surveys, mitigation and related activities to be conducted, if any are required in the "advance planning/final design" phase for the recommended plan. Reclamation will conduct consultation with the Texas Historical Commission and prepare final language for the NEPA document. Task E3.1. Findings Report review and Consultation with Texas Historical Commission. Task E3.2. Coordinate with LCRA on any mitigation required by the Texas Historical Commission Task E3.3. Preparation of language for NEPA document. Reclamation Staff Time (Grade Series 12): 10 days Cost Estimate: $7,100 3. Water Resources Costs are included in E (1) 4. Public Involvement Oversight Task E2.1. Reclamation will attend any public involvement meeting(s) and review associated activities Reclamation Staff Time (Grade Series 12): 3 days Cost Estimate: $2,130 Nonlabor Costs TOTAL $1,000 $3,130 F. LEGAL AND INSTITUTIONAL REQUIREMENTS Reclamation will be responsible for QA/QC of this section. Associated costs are identified under I (2). G. FINANCIAL CAPABILITY OF THE SPONSOR In accordance with P.L. 102-575 and Title XVI Guidelines, Exhibit A, Reclamation will ensure that Financial Capability is demonstrated. Associated costs are identified under I (2). H. RESEARCH NEEDS Reclamation will be responsible for QA/QC of this section. Associated costs are identified under I (2). L ADMINISTRATIVE 1. Reclamation Study Director 31 Cooperative Agreement No. 08FC602334 The following information represents the Reclamation assessment of the costs required for study management to conduct a feasibility report for the Williamson County service area. The Reclamation Study Director for this effort would function as the Reclamation team leader and be responsible for coordination with LCRA and technical teams and other participants: Task I1.1. Coordinate and develop service agreements between the LCRA and Reclamation and modify in accordance with the needs of the study. Task I1.2. Work accomplishments of individual technical disciplines will be tracked in relation to expenditures to ensure that study progress is being achieved efficiently. Problem areas will be identified early and discussed with Technical staff and client. Task I1.3. Coordination with LCRA and other participants will occur on a periodic basis through e-mail, phone calls, conference calls, and meetings when needed to monitor study progress and discuss study accomplishments and problems or concerns. Technical team meetings will be conducted as needed. Task I1.4. The development of a final purpose and need statement, goals and objectives, criteria for alternative development, and alternatives for the proposed project will be coordinated. Task I1.5. All documents produced as part of this study will be reviewed to ensure that they meet all requirements in accordance with purpose and need, goals, and objectives of the project. Pre Award Staff Time (Grade Series 12): 12 days Cost Estimate: Reclamation Staff Time (Grade Series 12): 15 days $1 O,60 TOTAL: ) y Cost Estimate: $10,650 27 days Cost Estimate: $19,450 2. Review Team Quality Assurance/Quality Control (QA/QC), The planning team will provide materials to the review team for comment and review at specified intervals indicated on Milestone Table (Exhibit F). The review team will document comments and guidance in memoranda and transmit to the team via the study manager. The memoranda will be used by LCRA to revise or incorporate changes to the study, to complete all required detailed analyses and prepare the draft and revised draft Planning Report/NEPA documents. The study manager will be responsible for ensuring that comments and guidance identified in the memoranda are fully addressed. These reviews will ensure uniform application of clearly established Reclamation -wide procedures and policy in accordance with P.L. 102-575 and the Title XVI Guidelines (Exhibit A). Reclamation will also identify issues that must be resolved in the absence of clearly established criteria, guidance, regulations, laws principles and procedures or where judgment plays a substantial role. Lastly, QA/QC reviews are intended to minimize the time that the report is in the Agency approval process. Reclamation Staff Time (Grade Series 12): 12 days Cost Estimate: $8,520 32 TOTAL 1N -KIND COST ESTIMATE Reclamation Staff Time (Grade Series 12): Pre Award Staff Time (Grade Series 12): Reclamation Nonlabor Costs: TOTAL RECLAMATION COSTS: 75 days 12 days Cooperative Agreement No. 08FC602334 Cost Estimate: $53,250 Cost Estimate: $8,800 Cost Estimate: $1,000 $63,050.00 33 Cooperative Agreement No. 08FC602334 O 0. 0. (0 N 0) N 0) (0 Q. N c O O .0_ O 0. Q. c 3 C a) V- O 0 N 1 a) L 0 0U 'D 0 N 0 c L O Q U O O - ii a (f) O CO O cNi UC O C - C O U T U -D C (0 C L h EO O (0 ' a. U 6 O • CO U 0 u)2 : Uo NO 0 2 N D) E N 0. a) _ E _O (0 "0 CO Q' C Q_ O a) cc c >, c Q_ U > 0) O a) a (a as (n ° E , 0) E w O 0 • > 2 c C '5 w 0 0 a a> a) 0 D- O - C E N V N 3 3 m _a)� m 03 0 a) y O C O N O O ii as .0-� O Q. co C E E 6< O - O o m 0_ w - • O Q_ (0 p_ U D) CO g- (o a O c a) O E E 'O • D) Q. 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(0 i 8 T O ,7' '7 a) (n CD ° E co w (A n U 2�' mG 8 2.E 2w Cooperative Agreement No. 08FC602334 t ° kk/ £ 5\ c £ c* // /E / 2 k/k .5«E \¥ / c E5/ ,co2 ƒk k \ k/\ �\/ as ill o \7E E0± \/ / 0 o > o ci E & \y \ \§/ Ek\ c c _e �E7 �22 £_ f\ * /�ƒ®E E/ &- E U) /� .'-0-). m2o C c£ m c= m 2�a 22m 7� / /\ \ LL /k\ ©©j �- / �/ ƒ 7E g/\/ co / �� k 2 2 H i /7 . \\� 5F•> \p@ \ O \ /}E ID /%\� =0 o R ��� E /2 co = W \�\$ \%? E /ƒ E /®� CU_ o ƒ\{ 0 0 87 E0 U) 6m o) a: as ° EE ° J$/ �+ 5�cƒi k \° k 7$( 7�¥/ \?7 D 0.m o c2 0.5 3 7 (T) 92 2&\) \15J \ k \ ± & a)Et. 2¥f m- c3 -c E o- \a— % /\ /k ƒ-- /\-0 EE/ \ ae =4 77c I mo C E E E. ) ca \ oa gkk� c 2 ct \ \ •.c 2 /o a - 1 $: c @ co e ef 0- X 0 c o Q m w \3 / f 0 0 \\\ A- a \ 0 0 0 0 0 M10 — Public comment on draft EA 3 o E 7 o/ E \ co / 0 / % ct . E> 7 me \ ƒ\ ƒ 0W 0 ¥2 \ 0-k \$ �>x @_\ o §§ $\ �� c0 2� �a) • a 0_ �� / \ /\ /_§ CO 1h U E2 ©2 em 0.ƒ b= -5a - �* �» CCE �\ O. ƒ§a 1E ,a i& ,oma �E ^2 22 -k� 8 ii iL 258 _ / 0 M16 — Construction may begin 7-2277(02-02) Bureau of Reclamation UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF RECLAMATION ASSISTANCE AGREEMENT PAGE 1 OF 1 1. AGREEMENT NUMBER 08FC602334 2. TYPE OF AGREEMENT [ ] GRANT [ x ] COOPERATIVE AGREEMENT 3. CLASS OF RECIPIENT Local Government 4. ISSUING OFFICE (NAME, ADDRESS) 5. RECIPIENT (NAME, ADDRESS, TELEPHONE) Bureau of Reclamation Alan McGraw, Mayor P.O. Box 36900 City of Round Rock Billings, MT 59017-6900 221 East Main Street Round Rock, TX 78664 Phone 512-218-5400 Fax: 512-218-7097 DUNS #: 10-274-0792 EIN #: 74-6017485 6. ADMINISTRATIVE POINT OF CONTACT (NAME, ADDRESS, TELEPPHONNE, E L� T MANAGER (NAME, ADDRESS, TELEPHONE, E-MAIL) -MOA. Leatha Frost Bureau of Reclamation Michael Thane, P.E., Utility Director City of Round Rock Great Plains Regional Office 211 E. Main Street 316 North 26th Street Round Rock, TX 78664 Billings, MT 59101 Phone: 512-218-3236 (406) 247-7818 lfrost@gp.usbr.gov 8. TECHNICAL REPRESENTATIVE (NAME, ADDRESS, TELEPHONE, E-MAIL) 9. EFFECTIVE DATE See block # 17a Collins K. Balcombe Oklahoma -Texas Area Office 10. COMPLETION DATE 5316 Hwy 290 West Ste. 510 Austin, TX 78745 (512) 899-4162 cbalcombe@gp.usbr.gov September 30, 2018 11. PROGRAM STATUTORY AUTHORITY P.L. 108-7 Section 201 12. FUNDING INFORMATION 13. REQUISITION NUMBER RECIPIENT RECLAMATION N/A TOTAL AMOUNT $14,330,495.00 $4,776,832.00 14. ACCOUNTING AND APPROPRIATION DATA OF AGREEMENT AMOUNT OF FUNDS $ 262,950.00 $ A10 -1979-4999-001-00-0-0-4110-6H50000 OBLIGATED COST SHARE RATIO % 75 % 25 PROJECT TITLE AND BRIEF SUMMARY OF PURPOSE AND OBJECTIVES OF PROJECT: Williamson County Water Reclamation and Reuse Project 16a. Acceptance of this Assistance Agreement in accordance with the 17a. Acceptance of this Assistance Agreement in accordance with the terms and conditions contained herein is hereby made on behalf of the terms and conditions contained herein is hereby made on behalf of the above -name ie✓ United States of America, Bureau of Reclamation BY BY � DATE 2 LFYI DATE 16b. NAME, TITLE, AND TELEPHONE NUMBER OF SIGNER 17b. NAME OF GRANTS AND COOPERATIVE AGREEMENTS (Type or print) OFFICER (Type or print) Alan McGraw, Mayor, City of Round Rock, Texas Leatha Frost, Grants and Agreements Officer (V Additional signatures are attached (406)247-7818 U.S. Department of the Interior Certifications Regarding Debarment, Suspension and Other Responsibility Matters, Drug -Free Workplace Requirements and Lobbying Persons signing this form should refer to the regulations referenced below for complete instructions: Certification Regarding Debarment, Suspension, and Other Responsibility Matters - Primary Covered Transactions - The prospective primary participant further agrees by submitting this proposal that it will include the clause titled, "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction," provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. See below for language to be used or use this form certification and sign. (See Appendix A of Subpart D of 43 CFR Part 12.) Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions - (See Appendix B of Subpart D of 43 CFR Part 12.) Certification Regarding Drug -Free Workplace Requirements - Alternate I. (Grantees Other Than Individuals) and Alternate II. (Grantees Who are Individuals) - (See Appendix C of Subpart D of 43 CFR Part 12) Signature on this form provides for compliance with certification requirements under 43 CFR Parts 12 and 18. The certifications shall be treated as a material representation of fact upon which reliance will be placed when the Department of the Interior determines to award the covered transaction, grant, cooperative agreement or loan. PART A: Certification Regarding Debarment, Suspension, and Other Responsibility Matters - Primary Covered Transactions CHECK IF THIS CERTIFICATION IS FOR A PRIMARY COVERED TRANSACTION AND IS APPLICABLE. (1) The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency; (b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. (2) Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. PART B: Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions (1) CHECK IF THIS CERTIFICATION IS FOR A LOWER TIER COVERED TRANSACTION AND IS APPLICABLE. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. This form was electronically produced by Elite Federal Forms, Inc. DI -2010 June 1995 (This form replaces DI -1953, 0I-1954, 13I-1955, DI -1956 and DI -1963) PART C: Certification Regarding Drug -Free Workplace Requirements CHECK lF THIS CERTIFICATION IS FOR AN APPLICANT WHO IS NOT AN INDIVIDUAL. Alternate I. (Grantees Other Than Individuals) A. The grantee certifies that it will or continue to provide a drug-free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) Establishing an ongoing drug-free awareness program to inform employees about -- (1) The dangers of drug abuse in the workplace; (2) The grantee's policy of maintaining a drug-free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (a); (d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will -- (1) Abide by the terms of the statement; and (2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; (e) Notifying the agency in writing, within ten calendar days after receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to every grant officer on whose grant activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices. Notice shall include the identification number(s) of each affected grant; Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted -- (f) (1) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; (g) Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs (a) (b), (c), (d), (e) and (f). B. The grantee may insert in the space provided below the site(s) for the performance of work done in connection with the specific grant: Place of Performance (Street address, city, county, state, zip code) Check if there are workplaces on files that are not identified here. PART D: Certification Regarding Drug -Free Workplace Requirements CHECK IF THIS CERTIFICATION IS FOR AN APPLICANT WHO IS AN INDIVIDUAL. Alternate II. (Grantees Who Are Individuals) (a) The grantee certifies that, as a condition of the grant, he or she will not engage in the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance in conducting any activity with the grant; (b) If convicted of a criminal drug offense resulting from a violation occurring during the conduct of any grant activity, he or she will report the conviction, in writing, within 10 calendar days of the conviction, to the grant officer or other designee, unless the Federal agency designates a central point for the receipt of such notices. When notice is made to such a central point, it shall include the identification number(s) of each affected grant. DI -2010 June 1995 (This form replaces DI -1953, Dl -1954, DI -1955, DI -1956 and DI -1963) PART E: Certification Regarding Lobbying Certification for Contracts, Grants, Loans, and Cooperative Agreements CHECK VG IF CERTIFICATION IS FOR THE AWARD OF ANY OF THE FOLLOWING AND THE AMOUNT EXCEEDS $100,000: A FEDERAL GRANT OR COOPERATIVE AGREEMENT; SUBCONTRACT, OR SUBGRANT UNDER THE GRANT OR COOPERATIVE AGREEMENT. CHECK IF CERTIFICATION FOR THE AWARD OF A FEDERAL LOAN EXCEEDING THE AMOUNT OF $150,000, OR A SUBGRANT OR SUBCONTRACT EXCEEDING $100,000, UNDER THE LOAN. The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, and officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. (3) As the authorized certifying official, I hereby certify that the above specified certifications are true. SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL Na h Pi4 tiv, Mayan TYPED NAME AND TITLE DATE D1-2010 June 1995 (This form replaces DI -1953, 01-1954, 01-1955, 01-1956 and DI -1963) OMB Number: 4040-0004 Expiration Date: 01/31/2009 Application for Federal Assistance SF -424 Version 02 *1. Type of Submission: ❑('Preapplication U Application 0 Changed/Corrected Application *2. Type of Application [Clew 0 Continuation 0 Revision * If Revision, select appropriate letter(s) *Other (Specify) 3. Date Received: 4. Applicant Identifier: 5a. Federal Entity Identifier: *5b. Federal Award Identifier: ' State Use Only: 6. Date Received by State: 7. State Application Identifier: 8. APPLICANT INFORMATION: *a. Legal Name: '-.N\ k °4. v Q - J Q/AkS *b. Employer/Taxpayer Identification Number(EIN/TIN): \ — /\� ‘-1.°)\e— *c. Organizational DUNS: \A �' `�1 c.t°\ ' nG \ CtS ' d. Address: *Street 1: ''\ `r. .(' OA Street 2: *City: W\)-NIAt ( County: TV\\\'Qb'eo1-,? *State: --ck4\S Province: *Country: v Si\ *Zip / Postal Code -A c& L cd` e. Organizational Unit: Department Name: Division Name: f. Name and contact information of person to be contacted on matters involving this application: Prefix: I\\ • *First Name: \RZ\\ (, Middle Name: k, *Last Name: -NC-A. L \ Cj\r Suffix: Title: �QA-;4 1' V l� \ 114D)\- Vnr Organizational Affiliation: sN-A' *Telephone Number: \ � (...n 1..2A q:j Fax Number: 'J 1 le_--- (DA . � - *Email: � Q.�Y cl.A C ,N— 'COV1\16,— \(`O C, i ,.•. v. OMB Number: 4040-0004 Expiration Date: 01/31/2009 Application for Federal Assistance SF -424 Version 02 *9. Type of Applicant 1: Select Applicant Type: Type of Applicant 2: Select Applicant Type: Type of Applicant 3: Select Applicant Type: *Other (Specify) *10 Name of Federal Agency: ibv,-c-tkv `46=\){4t\iN) 11. Catalog of Federal Domestic Assistance Number: CFDA Title: *12 Funding Opportunity Number: *Title: 13. Competition Identification Number: Title: 14. Areas Affected by Project (Cities, Counties, States, etc.): *15. Descriptive Title of Applicant's Project: \,1 \� 40/s(\ Sc) CAV\-\4°\tA COPcts\Ir- �6,JSQ OMB Number: 4040-0004 Expiration Date: 01/31/2009 Application for Federal Assistance SF -424 Version 02 16. Congressional Districts Of: *a. Applicant: *b. Program/Project: 17. Proposed Project: *a. Start Date: *b. End Date: 18. Estimated Funding ($): *a. Federal AS 4 \v—V\7, . *b. Applicant \ )e �� k5T,'''. *c. State *d. Local *e. Other *f. Program Income c *g. TOTAL * \t\ _)1\Q\ 'i � - f4' *19. Is Application Subject to Review By State Under Executive Order 12372 Process? Order 12372 Process State for review. N' IN for review on ■ a. This application was made available to the State under the Executive • b. Program is subject to E.O. 12372 but has not been selected by the • c. Program is not covered by E. O. 12372 *20. Is the Applicant Delinquent On Any Federal Debt? (If "Yes", provide explanation.) III Yes kNo 21. *By signing this application, I certify (1) to the statements contained in the list of certifications** and (2) that the statements herein are true, complete and accurate to the best of my knowledge. I also provide the required assurances** and agree to comply with any resulting terms if I accept an award. I am aware that any false, fictitious, or fraudulent statements or claims may subject me to criminal, civil, or administrative penalties. (U. S. Code, Title 218, Section 1001) pi, ** I AGREE ** The list of certifications and assurances, or an Internet site where you may obtain this list, is contained in the announcement or agency specific instructions Authorized Representative: Prefix: M' E C' *First Name: ,'\,,w Middle Name: 11 *Last Name: k\C ; i j Suffix: *Title: 1M �v1\ *Telephone Number: 82_.. 2t Z'. 03 Fax Number: .it v709f * Email: MAya rr'/vt rziw ®rawid• roti&. -t . u�_, *Signature of Authorized Representative: Ca -r) A...____.*Date Signed: .211 A Authorized for Local Reproduction Standard Form 424 (Revised 10/2005) Prescribed by OMB Circular A-102 OMB Number: 4040-0004 Expiration Date: 01 /31 /2009 Application for Federal Assistance SF -424 Version 02 *Applicant Federal Debt Delinquency Explanation The following should contain an explanation if the Applicant organization is delinquent of any Federal Debt. No N(3- 2 BUDGET INFORMATION - Construction Pro rams OMB Approval 4040-0008e. g Expiration Date 04/30/2008 NOTE: Certain Federal assistance programs require additional computations to arrive at the Federal share of project costs eligible for participation. If such is the case, you will be notified. COST CLASSIFICATION a. Total Cost b. Costs Not Allowable c. Total Allowable Costs for Participation (Columns a -b) 1. Administrative and legal expenses $ $ $ o.00 2. Land, structures, rights-of-way, appraisals, etc. $ $ $ o.00 3. Relocation expenses and payments $ $ $ _ o.00l I5. Other architectural and engineering fees I $ I s Is 001 0 o 0 0 0 0 0 0 0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 69 69 69 69 69 69 69 69 69 69 0 0 O o O O 69 69 69 69 69 E9 69 69 69 69 17. Federal assistance requested, calculate as follows: (Consult Federal agency for Federal percentage share.) Enter eligible costs from line 16c Multiply Enter the resulting Federal share. 0 0 0 0 0 0 69 69 69 69 69 69 69 69 69 69 6. Project inspection fees 7. Site work 8. Demolition and removal 9. Construction 10. Equipment 11. Miscellaneous 12. SUBTOTAL (sum of lines 1-11) 13. Contingencies 14. SUBTOTAL 15. Project (program) income Authorized for Local Reporoduction Previous Edition Usable N 0 Rs Q(n d UV am O oa LL as d €a Tc 9 0 ca OMB Approval No. 0348-0042 ASSURANCES - CONSTRUCTION PROGRAMS Public reporting burden for this collection of information is estimated to average 15 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0042), Washington, DC 20503. PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. NOTE: Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the Awarding Agency. Further, certain Federal assistance awarding agencies may require applicants to certify to additional assurances. If such is the case, you will be notified. As the duly authorized representative of the applicant, I certify that the applicant: 1. Has the legal authority to apply for Federal assistance, and the institutional, managerial and financial capability (including funds sufficient to pay the non -Federal share of project costs) to ensure proper planning, management and completion of the project described in this application. 2. Will give the awarding agency, the Comptroller General of the United States and, if appropriate, the State, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the assistance; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. 3. Will not dispose of, modify the use of, or change the terms of the real property title, or other interest in the site and facilities without permission and instructions from the awarding agency. Will record the Federal interest in the title of real property in accordance with awarding agency directives and will include a covenant in the title of real property aquired in whole or in part with Federal assistance funds to assure non- discrimination during the useful life of the project. 4. Will comply with the requirements of the assistance awarding agency with regard to the drafting, review and approval of construction plans and specifications. 5. Will provide and maintain competent and adequate engineering supervision at the construction site to ensure that the complete work conforms with the approved plans and specifications and will furnish progress reports and such other information as may be required by the assistance awarding agency or State. 6. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. 7. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. Previous Edition Usable 8. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. §§4728-4763) relating to prescribed standards for merit systems for programs funded under one of the 19 statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F). 9. Will comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. §§4801 et seq.) which prohibits the use of lead-based paint in construction or rehabilitation of residence structures. 10. Will comply with all Federal statutes relating to non- discrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§1681 1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §794), which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. §§6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§290 dd-3 and 290 ee 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (i) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and, (j) the requirements of any other nondiscrimination statute(s) which may apply to the application. Standard Form 424D (Rev. 7-97) Authorized for Local Reproduction Prescribed by OMB Circular A-102 11. 12. Will comply, or has already complied, with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal and federally -assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. Will comply with the provisions of the Hatch Act (5 U.S.C. §§1501-1508 and 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. 13. Will comply, as applicable, with the provisions of the Davis - Bacon Act (40 U.S.C. §§276a to 276a-7), the Copeland Act (40 U.S.C. §276c and 18 U.S.C. §874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§327- 333) regarding labor standards for federally -assisted construction subagreements. 14. Will comply with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. 15. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL 711 APPLICANT ORGANIZATION CH/ p� p_ovyei 1261q. National Environmental Policy Act of 1969 (P.L. 91- 190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 et seq.); (f) conformity of Federal actions to State (Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93-523); and, (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93-205). 16. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. 17. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. §470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. §§469a-1 et seq.). 18. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and OMB Circular No. A-133, "Audits of States, Local Governments, and Non -Profit Organizations." 19. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations, and policies governing this program. TITLE Myr DATE SUBMITTED 9.2c.0 SF -424D (Rev. 7-97) Back INSTRUCTIONS FOR THE SF -424 Public reporting burden for this odreczion of information is estimated to average 00 minutes per response, including time for revienrng instructions, se -exciting existing, data sources, gathering and maintaining the data needed, and comp e%ng and reviewing the collection of information. Send co invents regarding the burden estimate or any otheraspect of this oallection of information,. including suggestions for reducing this burden, to the Office of Management and Budget. Paperwork Reduction Project (0348-0043), Washington. DC 20503. PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAG€ME:NT AND BUDGET. SEND IT TO THE ADDRESS PROOVIOED BY THE SPONSORING ING AGENCY. This is a standard tom (including the corttiuzwatiiL sheet) required for use :as a cmar suet for submission. ofpreapp9icatious and appi€cadons and related information andel discretionary proerauns. Some of the items are required and some are opti,onal:ar the discretion of the applicant or the Federal agency (a:geacy).. Reignited items -ate identified with an asterisk on the fornn and are specified in the instructions below... In addition to the instructions provided. below, applicants must consult agency in ructions to detarn,iae specific requirements - Item Entry: Rem Entry: I. Type. of Submission: (Required): Select one type of suubbmission in accordance with agency nstruc ions. • Reapplication • Application • Changed/Corrected Application— If requested by the agency, check if this submission is to change or correct a previ usly submitted application. Unless requested by the agency, applicants may not use this to submit changes after the closing date. 10. Name Of Federal Agency: {Required} Enter the nerve of the Federal agency from which assistance is being requested with this .apptication.. 11.. Catalog Of Federal Domestic Assistance NumbecfTitle: Enter the Catalog of Federal Domestic Assistance number and tilie of the program under -which assistenoe is requested, as rel found in the program announcement itappigble 2. Type of Application: (Required) Select one type of application in accordance with atgaancy instructions. • New — An application that is being sarbniitted to an agency or the first time_ • Continuant n - An extensson for an addit a nal funding,'budget period tar a project t with a projected completion date. This earl include renewals. • Revision - Any change in the Federal Government's financial obligation or contingent liability from an existing obligation. If a revision, enter the appropriate tetter(s). More than one may be selected_ If "Other is selected. please specify in text box provided. A_ increase Award R. Decrease Awrard C. Increase Duration D_ Decrease Duration E. Other {spet,ifyr} 12_ Funding Opportunity Number/Title: (Required) Enter the Funding Opportunity Number and title of the opportunity under which assistance is requested, as found in the program announcement. 13. Competition Identification NumberiTitte: Enter the Competition Identification Number .and title of the competition under which assistance is requested, if appicasle. N.) N 14.. Areas Affected By Project: List the areas or hritities. using the categories (e.g.., cities, counties, states, etc.) specified in agency instructions. Use the continuation sheet to enter additional areas, if needed. 3. Date Received: Leave this fined blare_ This date will' be assigned by the Federal agency 15. Descriptive Title of Applicants. Project: (Remised) Enter a brief descriptive. ale -of the p prtoyect If apprrnpsiate, attach a map showing project location: (erg., construction or real property projects). For preapplications, attach a summary description tit the project. 4. Applicant identifier: Enter the entity identifier -assigned by the Federal agency. if any. or applicant's cn nirot number. if applicable. 5a Federal Entity identifier_ Enter the rraeniber assigned to your organization by the Federal Agency, if any. °td. Congressional Districts 0t (Required) 1fta_ Enter the appicant's Congressional District and lab. Enter all Dkstric(s) affected by the program c' pry. Enter in the ionrat 2 characters State Abbreviation —3 characters District Number, e.g., CA -006 for California 5* district, CA -012 for Catdomia 12' district, NC -103 for North Carolina's toe district. If al congressional districts. in a state aseffe acted, enter 'all' for the district number, erg., MD -all for all ccegressional districts in Maryland. • If nab:Invade. i.e. a3 districts. within all states are affected, enter US-aIL • If the prograirrlprt+jec3:is. outside the US, _enter 00-000.. fith. Federal Award Identifier: For new applications; leave blank. For. a continuation or revision to an existing -award, enter the previousty assigned Federal award identifier number. 1f a chastgedtcorrected application., enter the Federal tdenlitier in accordance with agency iastruciions•• 5. Date Received by State: Leave this field bbarik. This dale will be assigned by the Mate, if appii .able. 7. State Application Identifier: Leave this field blank. This idertt�er s be assigned by the_ State, if applicable.. 8. Applicant Information: Enter the iollow:thg in accordance with agency instructions: a. Legal Name: (equieecl): Enter the legal name of appFxant that. will undertake the assistance activity. This is the name that the orgark nationprept+sed- has registered withtlt,e Central Contractor Registry. Informationonw re{iistenrrS} with CCR may be obtained by visiting the t3rents qow waabsite.y`,jt1') 4 Proposed Project Start and End Oates: (Required) Eater the start date and end dale of the prajeci. - ,� • I t1.1\0•4?.^ CO i k 'RP b. EmployerlTaxpayer Number fEINfTtN): (Required): Enter the Employer or Taxpayerklentrfication Nuntber (EIN or TIN) as assigned by the Irrtem:al Revenue Service. If your organization is nal in else US. eater 11 1x14444. 18. Estimated Funding: (Required) Enter the amount requested or to be contributed during the first fundingibudget period by each contributor. Valk* ofin-kindcontributions should be included en agrpropr'ate Ines, as applicable_ N the a.ct'on Will result in a dollar change ba an existing .award. indicate only the amount of the charvge. For decreases, enclose the amounts in parentheses. c. Organizational DUNS: (Required) Enter the or{ianizatipur's DUNS or DUNSi-4 number received from Dun and Bradstre:et information on obtaining a DUNS ninths( may be obtained by visiting the Grants gv website. d. Address: Enter the complete address as foilorrs:Street address (Lute 1 rea;ared)City /Required), County, State if -country (Required. is US) Province, Country (Riequired), 2iplPcstai Code (Required if country -is US). 1g. is Application Subject to Review by State Under Exec.utiv:e Order 12.372 Process? Applicants strould contact the State Single Point of Contact (SPCC) for Federal Executive Order 12372 to uetenntine whettherttre application is subject to the e. 0rgariizationat Unit: Enter the name of the printery organizational wail. (and department or derision. if appiicabta)tat will undertake -the k lA assistance activity, if applicable. State intergovernmental review prccess. Select the appropriate box. Ira.' 's se: cted, enter the =date the application was submitted to the State f. Name and contact information of person to be contacted on matters involving this application: Eater the name (Ft and last name required1, organizations affiliation (if affiliated viitth an organization other than appgcantorganization), telephone number (Required), fax number, and ernza. address (Required) of the person to contact on matters related to this application. 20. Is the Applicant Delinquent on any Federal Debt? (Required) Select the appropriate box. This question applies to the applicant organizati t, not the person who signs as the authorized representative. Categories of debt include delinquent audit disc Trances, loans and taxes. if yes, include an explanation on the oantine aticn street. P. Type of App can*: (Required) Select up to three applicant types} in kcordance with agency instructions. 21. Authorized Representative: (Requ ) To be signed and dated by the authorized representative of the applicant organization. Enter the name (First and last name required) title (Required)telephone. number (Rewired), fax number, and email a1 ires;s (Required) of the person authorized to sign for the applicant Acopy ofthe governing body's authorization kir you tosign this application asthe, official representative must be on Vie in the applicant's office. (Certain Federal agencies may re ere that this authoriz,aticn be submitted as part of the app cation.) A. B. C_ D. E. F. G. H. 1. J. K. 1. Slate Government County Government Cityor Tovenship Government Special District Govemsnent Regional Organization U.S. Territory os Possession Independ xt Stool District Pul &State Controlled Institution Di Higher Educatice ndiaM1ative.American Tribal Government (Federally Recognized) IndianNative..Arnerican Tribal GcPremment (Other than Federally Recognized) Indian/Native American Tribally Designated Clrgariization (Inddar, Housing Authority M.. N. 0. P. C. R. S. T. U. V. W. K. Nksnprofitwith 50IC3 IRS Status (Other than Institution of Hither Education) proMwithout 501C3 IRS Status (tither than institution of Higher Education) Private Institution of Higher Education Indiuidual For-FrnfitOrganization (Other than Small Business) Small Business 1- spae -serving institution F storicaity Black Co eges and Univverstt s (HBCIIs) Tribally Controlled Colleges and Universities (TCGUs) Alaska Native -and Native Hawaiian Serving Institutions Non-domestic (non JS) Entity Other (specify) INSTRUCTIONS FOR THE SF -424C Public reporting burden for this collection of information is estimted to average 180 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0041), Washington, DC 20503 PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET, SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. This sheet is to be used for the following types of applications: (1) "New" (means a new [previously unfunded] assistance award); (2) "Continuation" (means funding in a succeeding budget period which stemmed from a prior agreement to fund); and (3) "Revised (means any changes in the Federal government's financial obligations or contingent liability from an existing obligation). If there is no change in the award amount there is no need to complete this form. Certain Federal agencies may require only an explanatory letter to effect minor (no cost) changes. If you have questions, please contact the Federal agency. Column a. --If this is an application for a "New" project, enter the total estimated cost of each of the items listed on lines 1 through 16 (as applicable) under "COST CLASSIFICATIONS." If this application entails a change to an existing award, enter the eligible amounts approved under the previous award for the items under "COST CLASSIFICATION." Column b. --If this is an application for a "New" project, enter that portion of the cost of each item in column a. which is not allowed for Federal assistance. Contact the Federal agency for assistance in determining the allowability of specific costs. If this application entails a change to an existing award, enter the adjustment 1+ or (-)] to the previously approved costs (from column a.) reflected in this application. Column c. --This is the net of lines 1 through 16 in columns "a." and "b." Line 1. --Enter estimated amounts needed to cover administrative expenses. Do not include costs which are related to the normal functions of government. Allowable legal costs are generally only those associated with the purchase of land which is allowable for Federal participation and certain services in support of construction of the project. Line 2. --Enter estimated site and right(s)-of-way acquisition costs (this includes purchase, lease, and/or easements). Line 3. --Enter estimated costs related to relocation advisory assistance, replacement housing, relocation payments to displaced persons and businesses, etc. Line 4. --Enter estimated basic engineering fees related to construction (this includes start-up services and preparation of project performance work plan). Line 5. --Enter estimated engineering costs, such as surveys, tests, soil borings, etc. Line 6. --Enter estimated engineering inspection costs. Line 7. --Enter estimated costs of site preparation and restoration which are not included in the basic construction contract. Line 9. --Enter estimated cost of the construction contract. Line 10. --Enter estimated cost of office, shop, laboratory, safety equipment, etc., to be used at the facility, if such costs are not included in the construction contract. Line 11. --Enter estimated miscellaneous costs. Line 12. --Total of items 1 through 1 1 . Line 13. --Enter estimated contingency costs. (Consult the Federal agency for the percentage of the estimated construction cost to use.) Line 14. --Enter the total of lines 12 and 13. Line 15. --Enter estimated program income to be earned during the grant period, e.g., salvaged materials, etc. Line 16. --Subtract line 15 from line 14. Line 17. --This block is for the computation of the Federal share. Multiply the total allowable project costs from line 16, column "c." by the Federal percentage share (this may be up to 100 percent; consult Federal agency for Federal percentage share) and enter the product on line 17. SF -424C (4-92) Back EXECUTED DOCUMENT FOLLOWS ?CH 3 IN REPLY REFER TO: GP -3700 ADM -13.00 United States Department of the Interior BUREAU OF RECLAMATION Great Plains Region P.O. Box 36900 Billings, Montana 59107-6900 Alan McGraw, Mayor City of Round Rock 221 East Main Street Round Rock, TX 87664 SEP 2 9 2008 °>i.°- "�1r TAKE PRIDE NAM ERICA Subject: Cooperative Agreement No 08FC602334 for Williamson County Water Reclamation and Reuse Project. Dear Mr. McGraw: A fully executed copy of the subject agreement is enclosed for your records. Funds in the amount of $258,000.00 are hereby reserved to cover payment of all earnings under this agreement for the period of fiscal year 2008. It is to be expressly understood that the Government has no obligation to provide funds in addition to those reserved in writing. Please Note: The Bureau of Reclamation will no longer modify a grant or agreement nor add additional funds until all required financial and progress reports have been submitted to and approved by Reclamation and are current and up-to-date. This requirement applies to all grants and agreements issued by this office. Please contact Leatha Frost at 406-247-7818 if you have any questions regarding this matter. Sincer ly, Kimball Banks Tribal and Financial Assistance Officer Enclosure 7-2277(02-02) Bureau of Reclamation UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF RECLAMATION ASSISTANCE AGREEMENT AGE 1 OF 1 1. AGREEMENT NUMBER 08FC602334 2. TYPE OF AGREEMENT [ 1 GRANT [ x ] COOPERATIVE AGREEMENT 3. CLASS OF RECIPIENT Local Government 4. ISSUING OFFICE (NAME, ADDRESS) 5. RECIPIENT (NAME, ADDRESS, TELEPHONE) Bureau of Reclamation Alan McGraw, Mayor P.O. Box 36900 City of Round Rock Billings, MT 59017-6900 221 East Main Street Round Rock, TX 78664 Phone 512-218-5400 Fax: 512-218-7097 DUNS #:p 10-274-0792�-pEIN IV: 74-6017485 6. ADMINISTRATIVE POINT OF CONTACT (NAME, ADDRESS, TELEFHONETE-M7�AI�L) T MANAGER (NAME, ADDRESS, TELEPHONE, E-MAIL) Leatha Frost Bureau of Reclamation Michael Thane, P.E., Utility Director City of Round Rock Great Plains Regional Office 211 E. Main Street 316 North 26th Street Round Rock, TX 78664 Billings, MT 59101 Phone: 512-218-3236 (406) 247-7818 lfrost@gp.usbr.gov 8. TECHNICAL REPRESENTATIVE (NAME, ADDRESS, TELEPHONE, E-MAIL) 9. EFFECTIVE DATE See block #17a Collins K. Balcombe 10. COMPLETION DATE Oklahoma -Texas Area Office 5316 Hwy 290 West Ste. 510 Austin, TX 78745 (512)899-4162 cbalcombe@gp.usbr.gov September 30, 2018 11. PROGRAM STATUTORY AUTHORITY P.L. 108-7 Section 201 12. FUNDING INFORMATION 13. REQUISITION NUMBER RECIPIENT RECLAMATION N/A TOTAL AMOUNT $14,330,495.00 $4,776,832.00 14. ACCOUNTING AND APPROPRIATION DATA OF AGREEMENT AMOUNT OF FUNDS $ 262,950.00 $ A 10-1979-4999-001-00-0-0-411 C -6H50000 OBLIGATED COST SHARE RATIO % 75 % 25 PROJECT TITLE AND BRIEF SUMMARY OF PURPOSE AND OBJECTIVES OF PROJECT: Williamson County Water Reclamation and Reuse Project 16a. Acceptance of this Assistance Agreement in accordance with the 17a. Acce an of this Assistance Agreement in accordance with the terms and conditions contained herein is hereby made on behalf of the terms an co loons contained herein is hereby made on behalf of the above-namedfE'lipjenk/14 United s o merica, n (Reclamation DATE c)-121,(1 DATE Y-..2 9 -dr - di16b. 16b. NAME, TITLE, AND TELEPHONE NUMBER OF SIGNER 17b. NAME OF GRANTS AND COOPERATIVE AGREEMENTS (Type or print) OFFICER (Type or print) Alan McGraw, Mayor, City of Round Rock, Texas Leatha Frost, Grants and Agreements Officer (® Additional signatures are attached (406)247-7818 +C�'°> - Z - Irk BUREAU OF PEC! AM T EO'1 2O3S'IP29 El 9 19 COOPERATIVE AGREEMENT v$ EEN THE CITY OF ROUND ROCK AND THE BUREAU OF RECLAMATION FOR THE WILLIAMSON COUNTY WATER RECLAMATION AND REUSE PR 312 Cooperative Agreemtint No. 0800602334-1 I. AUTHORITY Info Copy To: This Cooperative Agreement (agreement) is entered into between the United States of America, acting through the Department of the Interior, Bureau of Reclamation, hereinafter referred to as "Reclamation", and the City of Round Rock hereinafter referred to as the "City" is entered into pursuant to the Reclamation Wastewater and Groundwater Study and Facilities Act of 1992, Public Law 102-575, Title XVI, Section 1621, as amended by the Williamson County Water Recycling Act of 2004, P. L. 108-316, dated Oct. 5, 2004. P.L. 102-575, Title XVI as amended, directs the Secretary of the Interior to "undertake a program to investigate and identify opportunities for reclamation and reuse of municipal, industrial, domestic, and agricultural wastewater, and naturally impaired ground and surface waters, for the design and construction of demonstration and permanent facilities to reclaim and reuse wastewater." Section 1602(c) states, "The Secretary is authorized to enter into such agreements and promulgate such regulations as may be necessary to carry out the purposes and provisions of this title". Section 1604 further authorizes the Secretary to work with Federal, State, regional, and local authorities, as necessary, to determine the feasibility of water reclamation and reuse projects. Public Law 108-316, October 5, 2004, specifically authorizes the Secretary, in cooperation with the Lower Colorado River Authority (LCRA), to participate in the design, planning and construction of permanent facilities to reclaim and reuse water in Williamson County, Texas. Section 1636 (b) states that the Federal cost -share of the project will not exceed 25 percent of the total project cost. The City of Round Rock is located in Williamson County, and thus qualifies for Federal funding under P.L. 108-316. 11. BACKGROUND AND OBJECTIVE Williamson County is one of the fastest growing counties in the State of Texas. The San Gabriel River (a tributary of the Brazos River) and the Edwards Aquifer in northern Williamson County are drinking water sources for over 200,000 people. The Texas Water Development Board has 1 Cooperative Agreement No. 08FC602334 concluded that existing wells in the county are currently overdrawing available groundwater supplies. The Brazos River Authority (BRA) recently completed a pipeline from a reservoir in an adjacent county to augment the limited surface water supply. The BRA pipeline is expected to extend current supplies for another 10 to 15 years. The extensive use of drinking water for irrigation purposes at parks, schools, and golf courses places an additional burden on the available water; however, there are a number of golf courses currently receiving treated effluent from existing treatment plants. Numerous cities in Williamson County have indicated a desire to construct additional recycling projects to supplement their water supplies. Reclamation and the LCRA will be developing a Memorandum of Understanding (MOU) with those entities wishing to obtain Federal funds under Reclamation's Title XVI Program for their recycling projects. The MOU will establish a Williamson County Regional Reuse Partnership with interested parties, as well as provide general guidance associated with Reclamation's administration of Federal funding. This particular agreement details the responsibilities and costs associated with the planning, design, and construction of water recycling facilities proposed by the City of Round Rock, one of many cities located in Williamson County. Any additional recycling facilities proposed by other cities in Williamson County would be included in separate cost-sharing agreements. III. PUBLIC BENEFIT The statewide water planning initiative that originated with Texas Senate Bill 1 identifies reuse water as a viable and necessary source of water to Williamson County over the next 50 years. A consolidated water reuse system throughout the County will improve overall project efficiency, help accelerate the conversion to effluent reuse at locations now using raw water or drinking water for irrigation purposes, and will free up current and future sources of raw and drinking water. Switching to reuse water for irrigation may also result in a lower overall cost. The public will benefit from this agreement because it will facilitate implementation of planning and environmental studies to identify wastewater reuse opportunities and alternatives and their subsequent economic and environmental impacts. It will also facilitate the design and construction of the preferred wastewater reuse alternative, thereby alleviating potable water demands on important water resources. IV. STATEMENT OF WORK This agreement includes all responsibilities and costs associated with the planning, design, and construction of the City's project. The Federal share of the total project cost shall not exceed twenty-five percent of the total project cost. 2 Cooperative Agreement No. 08FC602334 PROJECT DESCRIPTION: The City is proposing to construct wastewater reuse infrastructure to accommodate the recycling of approximately 10 million gallons per day (mgd) of water. The City is currently preparing final construction plans on an 8,300 linear foot reclaimed pipeline (Old Settler's reclaimed pipeline) that would connect to an existing 24 inch pipeline and provide Type I effluent water from the Brushy Creek Regional Wastewater Treatment Plant to Old Settler's Park'. However, the City will lack pumping capabilities to deliver the reclaimed water to immediate reuse customers. The City also lacks reuse infrastructure to deliver treated effluent to future potential customers. The City's proposed wastewater reuse project would be constructed in three phases. Phase I includes the construction of pumping and treatment facilities adjacent to the Brushy Creek Regional Wastewater Treatment Plant. The pumping facilities would consist of variable frequency drive motors and pumps with a six mgd firm pumping capacity. Treatment facilities would utilize concrete basin filters and disc technology, as well as concrete basin chlorine contact chambers. Phase II consists of constructing additional reuse transmission pipelines from either the existing 24 -inch pipeline or the Old Settler's reclaimed pipeline currently under final design. The size and length of transmission lines will be determined by future demand and economic feasibility. Phase III would consist of the final expansion of Phase I pumping facilities to allow the distribution of up to 10 mgd of Type I effluent to future reclaimed water customers. RESPONSIBILITIES OF THE PARTIES: A. THE CITY SHALL: General: 1. Contribute at least 75 percent or $14,330,495 of a total project cost of $19,107,327 associated with planning, environmental compliance, design, and construction of recycling facilities authorized under P.L. 108-316, as identified in Section D of this agreement. 2. Document their capability to fund the non -Federal proportionate share of project costs. 3. Consult with and seek input from Reclamation on maintaining the Project within the identified work plans and Project objectives as stated in this Agreement, and seek Reclamation concurrence for any significant deviation from such work plans and Project goals. 4. Collaborate with Reclamation in the completion of all activities identified in this Agreement. 1 This reclaimed pipeline is NOT included for Federal funding under Reclamation's Title XVI Program 3 Cooperative Agreement No. 08FC602334 5. Collaborate with Reclamation on technical and administrative aspects of the Project through periodically -scheduled meetings with Reclamation personnel or periodically written updates. 6. Provide Reclamation with its reasoning, in writing, when the City chooses not to implement Reclamation's written advice or comments on any aspect of fulfilling the requirements of this Agreement. 7. Appoint a representative to serve as the City liaison with Reclamation and any third party contractor and facilitate communication and interaction between Reclamation and the Third -party contractor. 8. Complete tasks identified in the work plan within the agreed Milestone dates provided in Exhibit C. Planning and Environmental Compliance Phase: 1. Complete the Feasibility Report in accordance with Reclamation's requirements set forth in WTR 11-01, Title XVI Water Reclamation and Reuse Program Feasibility Study Review Process. This includes, but may not be limited to, tasks identified in the attached work plan (Exhibit A). 2. Provide environmental studies, surveys and information to Reclamation in support of environmental compliance requirements. 3. Facilitate public involvement under Reclamation direction. 4. Comply with Reclamation's reporting requirements, including providing detailed invoices of all expenditures associated with planning and design activities for which the City requests reimbursement. Design and Construction Phase: 1. Annually prepare a work plan and budget for the construction activities to be undertaken during that fiscal year and submit to Reclamation for review and approval. The annual work plan shall identify the anticipated work accomplishments and estimated expenditures for the reporting period. The City shall submit three copies of the work plan and associated budget estimate by October 1St of each year, and the beginning of each fiscal year for which the Project is funded. Each work plan and budget will be for the upcoming fiscal year and will describe and justify the activities to be performed and their 4 Cooperative Agreement No. 08FC602334 associated costs for the performance period. The budget will separately identify the funds contributed by the City and Reclamation. 2. Comply with Reclamation's reporting requirements, including providing detailed invoices of all expenditures associated with construction activities for which the City requests reimbursement. 3. Once construction is completed, submit to Reclamation two copies of the final construction documentation, certified by a registered professional engineer. This documentation shall include "as built" drawings of constructed facilities or other appropriate verification, acceptable to Reclamation. 4. Assume all operation, maintenance, repair, and rehabilitation responsibilities of the Project once construction is completed. B. RECLAMTION WILL: 1. Contribute, subject to the availability of funds, up to 25 percent of total project costs, including feasibility planning, environmental compliance, design, and construction, not to exceed $4,776,832. Of this amount, Reclamation will retain up to $63,050 for activities and services it performs related to feasibility planning and environmental compliance, and up to $363,641 for ongoing administration of the agreement throughout construction. This includes such activities as budget and account bookkeeping, review and approval of quarterly reports prepared by the City, quarterly construction verification and documentation, and reporting to Congress. 2. Reimburse the City, subject to the availability of Federal funds, up to $4,350,141. Section D of this agreement provides further details on Federal in-kind services and reimbursement totals. 3. Provide a statement of Reclamation's costs at the end of each fiscal year. The City may request explanations or a review of the costs included in the statement; however, Reclamation's determination on the validity of the costs is final. 4. Complete all tasks identified in the work plan identified in Exhibit B. 5. Complete tasks identified in the work plan within the agreed Milestone dates provided in Exhibit C. 6. Review and the Feasibility Report in accordance with provisions outlined in WTR 11-01, Title XVI Water Reclamation and Reuse Program Feasibility Study Review Process and 5 Cooperative Agreement No. 08FC602334 make a finding as to whether the Feasibility Report is complete. 7. Review the City's documentation of its financial capability to pay the non -Federal share of the Project costs 8. Make a determination as to whether the City's project will qualify for Federal financing. 9. Review and approve the City's annual work plans. 10. Review and verify actual work accomplishments and approve deliverables as required under this Agreement. 11. Document and monitor Federal expenditures to ensure that funds are being spent for authorized project purposes and that all costs are allowable, allocable, reasonable, and necessary. 12. Be responsible for complying with applicable Federal environmental and cultural resource laws and regulations, including but not limited to the National Environmental Policy Act (NEPA) and the National Historic Preservation Act (NHPA). 13. Provide oversight and guidance to the City for any necessary environmental compliance activities and information that the City may be required to undertake and/or provide for Reclamation to comply with applicable laws and regulations. 14. Appoint a representative to serve as Reclamation liaison with the city and any third party contractor; and Communicate and interact with any third party contractor as needed. 15. Provide technical and administrative advice on the development of the Project as needed. 16. Prepare budget submittals for Federal appropriations to support out -year funding of the Feasibility Report. 17. Prepare reports to Congress, as necessary. C. RESTRICTIONS AND LINIITATIONS 1. Restrictions: The City cannot complete final design or begin construction until (1) Reclamation's Director of Policy and Program Services notifies the City that Reclamation has found that the Feasibility Report is complete and meets all requirements established in WTR 11-01 and P.L. 102-575 and (2) Reclamation has completed NEPA compliance documentation and notified the City in writing that the City can proceed with 6 Cooperative Agreement No. 08FC602334 construction. If the City proceeds with construction prior to the completion of the Feasibility Report and NEPA documentation, and without Reclamation's approval, Reclamation will disallow any associated costs that the City incurs. 2. Exceptions: The City may proceed with program management and initial design. Certain other non -construction activities prior to the completion of NEPA compliance documentation may be eligible for funding provided that these activities will not adversely affect the human and/or natural environment or selection of the preferred alternative. The City is advised to consult with Reclamation prior to proceeding with such activities to determine whether they will adversely affect the human and/or natural environment or the selection of the preferred alternative. Consultation can only reduce the risk of such activities becoming ineligible for reimbursement. Reclamation cannot formally review such activities until NEPA compliance has been completed. 3. Reimbursement: Project expenses pertaining to program management and initial planning and design may be submitted to Reclamation for reimbursement before completion of NEPA on a quarterly basis. After NEPA compliance is complete, any non - construction expenses other than program management and design that occurred prior to the completion of NEPA compliance may then be submitted to Reclamation for approval and reimbursement. 4. Project Modifications: Substantial changes to the project scope as defined in the final NEPA document must be approved by Reclamation before initiating any such changes. Changes to the Project scope may require additional environmental analysis and supplemental NEPA documentation. Any work/construction conducted without prior NEPA clearance will not be eligible for Federal funding. D. ESTIMATED EXPENDITURES: 1. Planning and NEPA compliance: A detailed summary budget sheet is in tabular form in Exhibits A (City of Round Rock) and B (Reclamation. The total estimated costs are as follows: A Problems/Needs B Water Reuse Opportunities C Formulation and Description of Alternatives City of Round Rock, Reclamation Cost Cost $5,457 $7,629 $16,158 7 D Economic Analysis F Environmental Analysis/NEPA Compliance G Legal Institutional Requirements H Financial Capability I Research Needs I Administrative Cooperative Agreement No. 08FC602334 $14,298 $34,500 $5,141 $4,145 694 $48,069 $35,080 $27,970 2. Design and Construction: the total estimated costs are as follows: Design and Bid $362,495 Construction Phase I Construction Chlorine Contact and Pump Station Filters Piping and Site Improvements Subtotal See below $1,239,520 $1,003,300 $985,520 .................................................... $2,542,000 Phase 11 Construction 8 Cooperative Agreement No. 08FC602334 Line 1 — from OSP north to University $2,984,500 Line 2 — Linel west to Meadow Lake Park $2,349,500 Line 3 — from existing 24" near 1460 west to Stoney Point High $463,550 Elevated Storage $5,397,500 Subtotal $11,195,050 Phase III Construction Chlorine contact, filters and pumping Subtotal Construction Total Reclamation Administration (estimated at 2% of construction costs) TOTAL DESIGN & CONSTRUCTION $363,641 3. Total Cost Summary. The total project costs, Federal and non -Federal cost -share, in- kind service costs, and total Title XVI reimbursement are as follows: SUMMARY Feasibility Report/NEPA Compliance Design & Construction Total Project Cost City of Round Rock Cost -Share (75%) Reclamation Cost -Share (25%) Federal Reimbursement to City of Round Rock COST $199,141 $18,908,186 $19,107,327 $14,330,495 $4,776,832 $4,350,141 4. It is recognized and agreed that all costs incurred by Reclamation related to the 9 Cooperative Agreement No. 08FC602334 development and administration of this Agreement, and activities associated thereof, are considered part of the total costs of the Project, and therefore the City agrees to provide 75 percent of these costs in accordance with the authorization. 5. At the end of each fiscal year, Reclamation will provide the City with a statement of Reclamation's costs for that fiscal year. The City may request explanations or a review of the costs included in the statement; however, Reclamation's determination on the validity of the costs is final. The City's 75 percent share of Reclamation's costs shall be deducted from the City's first reimbursement request of the following fiscal year. Any funds remaining in Reclamation's retainage shall be immediately paid to the City. V. SPECIAL PROVISIONS/TERMS OF THE AGREEMENT A. IMPLEMENTATION, TERM, AND TOTAL AMOUNT ANTICIPATED TO BE AWARDED This agreement becomes effective on the date shown in Block 17a of Form 7-2277, United States of America, Department of the Interior, Bureau of Reclamation, Assistance Agreement. The agreement shall remain in effect until September 30, 2018, for a period of ten years. This is a cost -share agreement, with the Federal contribution being no more than 25 percent of the total project cost. The Federal contribution is subject to the availability of appropriations. B. PAYMENT POLICY Acceptance of a financial assistance agreement from Reclamation creates a legal responsibility on the part of the City organization to use the funds and property provided in accordance with the terms and conditions of the agreement. Reclamation has a reversionary interest in the unused balance of funding and in any funds improperly applied. Payments to the City will be made in accordance with the basic standards and methods stated in the payment regulations at 43 CFR 12.61 or 43 CFR 12.922, as applicable to this agreement. These requirements are intended to minimize the time elapsing between the transfer of funds from the Federal government and the disbursement of these funds by the City. Payment will be made by reimbursement. Payments under this Agreement will be subject to the availability of Federal funds and will be for up to 25 percent of the expenses incurred by the City during each reporting period, with the exception of the first quarter of each fiscal year, when 75 percent of Reclamation's administrative costs for the previous fiscal year will be deducted from the total reimbursement amount. 10 Cooperative Agreement No. 08FC602334 C. PAYMENT METHOD 1. Electronic Funds Transfer -- Payments under this agreement will be made to the City by electronic funds transfer (EFT) unless the City qualifies for exemption from this payment method. Reclamation utilizes the Automated Clearinghouse (ACH) Vendor Express payment system for EFT. Whether funds are paid in advance or as a reimbursement, the actual payment will be made through Vendor Express. Vendor Express allows the Government to transfer funds to a City's financial institution along with explanatory information regarding the payment. 2. Enrollment -- Upon award, the City will receive a copy of the SF -3881, ACH Vendor/Miscellaneous Payment Enrollment Form. This form is required to implement the Vendor Express system and to notify Reclamation of any change or corrections to financial institution information. 3. Requesting Payments -- Requests for advance or reimbursement may be made by the following methods: a. SF -271, Outlay Report and Request for Reimbursement for Construction Programs -- The SF -271 shall be used for construction agreements paid by the reimbursement method, letter of credit, electronic funds transfer, or Treasury check advance, except where the advance is based on periodic requests from the City, in which case the SF -270 shall be used. This request may be submitted on a quarterly basis, but no less frequently than on an annual basis. Citys may submit an original and two copies of a properly certified SF -271 form to the address identified in Block 8, page 1, of this agreement. This form is available on the Internet at http://www.whitehouse.gov/omb/grants/grants_forms.html. b. Automated Standard Application for Payments (ASAP) — The City may utilize the Department of Treasury ASAP payment system to request advances or reimbursements. ASAP is a City -initiated payment and information system designed to provide a single point of contact for the request and delivery of Federal funds. Once a request is made through ASAP, funds are provided to the City either through ACH or Fedwire. Further information regarding ASAP may be obtained from the ASAP website at http://www.fms.treas.gov/asap. Upon award, you will be provided with information regarding enrollment in the ASAP system. D. REPORTING REQUIREMENTS AND DISTRIBUTION 11 Cooperative Agreement No. 08FC602334 Failure to comply with the reporting requirements contained in this agreement may be considered a material non-compliance with the terms and conditions of the award. Non-compliance may result in withholding of payments pending receipt of required reports, denying both the use of funds and matching credit for all or part of the cost of the activity or action not in compliance, whole or partial suspension or termination of the agreement, recovery of funds paid under the agreement, withholding of future awards, or other legal remedies. 1. Financial Reports -- All financial reports shall be signed by an Authorized Certifying Official for the City's organization. The following forms are available at http://www.whitehouse.gov/omb/grants/grants forms.html. a. SF -269 or SF -269a, Financial Status Report -- This form is utilized to report total expenditures for the reporting period. The SF -269 must be used if the City is accountable for the use of program income; otherwise, the SF -269a may used. b. An original and two copies of this form shall be submitted semi-annually, within 30 days following the end of each reporting period. c. A final SF -269 or SF -269a shall be submitted within 90 days following completion of the agreement. 2. Program Performance Reports a. Interim Reports: The City shall submit an original and two copies of program performance reports on a quarterly basis (by calendar year) within 30 days following the end of each reporting period. Program performance reports shall contain the following: 1. A narrative description of the actions performed during the quarter including any milestones or unexpected problems, delays, or issues. 2. A comparison of actual accomplishments with the goals and objectives established for the reporting period; 3. When appropriate, reasons why goals and objectives were not met; and 4. Other pertinent information including, when appropriate, analysis and explanation of cost overruns or high unit costs. b. Annual Reports: An original and two copies of an annual program performance report shall be submitted within 90 days following the end of each year of the agreement. Copies of this report may be required to be included with any application for continuing support of the agreement. c. Final Report: An original and two copies of the final program performance report shall be submitted no later than 90 days following the expiration or termination of the agreement. 12 Cooperative Agreement No. 08FC602334 3. Significant Developments: During the term of the agreement, the City must immediately notify the Grants Officer (GO) if any of the following conditions become known: a. Problems, delays or adverse conditions which will materially impair their ability to meet the objectives of the agreement; b. Favorable developments which enable the City to meet time schedules and objectives sooner than or at less cost than projected or to produce more beneficial results than originally planned. c. This notification is to include information on the actions taken or contemplated to resolve problems, delays, or adverse conditions, and any assistance needed from Reclamation to help resolve the problems. (4) Report Distribution -- The following table summarizes the reporting requirements. For additional information about the reporting requirements, please refer to Special Provisions VII.3. "Reporting Requirements and Distribution." (above). REQUIRED REPORTS Interim Reports Final Reports Program Performance Reports Format No specific format required No specific format required Reporting period Calendar quarters ended: March 31, June30, September 30, December 31 Performance period which ends on the completion date of the agreement Due date Within 30 days after the end of the calendar quarter: April 30, July 31, October 31, January 30 Within 90 days after the completion date of the agreement Send one original to: GOTR Collins Balcombe (GOTR) Oklahoma -Texas Area Office 5316 Hwy 290 W., Suite 510 Austin, TX 78735 Phone: (512) 899-4162 Fax: (512) 899-4179 E-mail: cbalcombe@Qp.usbr.gov GOTR Collins Balcombe (GOTR) Oklahoma -Texas Area Office 5316 Hwy 290 W., Suite 510 Austin, TX 78735 Phone: (512) 899-4162 Fax: (512) 899-4179 E-mail: cbalcombe'c%gp.usbr.gov Financial Status Reports Format Form SF -269a (if no income is earned by the grant activity) Form SF -269a (if no income is earned by the grant activity) Reporting period Calendar quarters ended: March 31, June30, September 30, December 31 Performance period which ends on the completion date of the agreement Due date Within 30 days after the end of the calendar quarter: April 30, July 31, October 31, January 30 Within 90 days after the completion date of the agreement 13 Cooperative Agreement No. 08FC602334 Send one original to: GOTR Collins Balcombe (GOTR) Oklahoma -Texas Area Office 5316 Hwy 290 W., Sutie 510 Austin, TX 78735 Phone: (512) 899-4162 Fax: (512) 899-4179 E-mail: cbalcombe!(rigp.usbr.gov Ci OTR Collis Balcombe (GOTR) Oklahoma -Texas Area Office 5316 Hwy 290 W., Suite 510 Austin, TX 78735 Phone: (512) 899-4162 Fax: (512) 899-4179 E-mail: cbalcombe!(i-gp.usbr.gov Cash Transaction Reports Format Form SF -272 Reporting period Quarterly — per calendar quarter Due date Required only when recipient draws cash in advance, and holds the cash more than 3 days before disbursement, report is due within 15 days after the end of the calendar quarter Send one original to: GOTR Collins Balcombe (GOTR) Oklahoma -Texas Area Office 5316 Hwy 290 W., Suite 510 Austin, TX 78735 Phone: (512) 899-4162 Fax: (512) 899-4179 E-mail: cbalcombe cuap.usbr.gov E. MODIFICATIONS Any changes to this agreement shall be made by means of a written modification. Reclamation may make changes to the agreement by means of a unilateral modification to deal with administrative matters, such as changes in address, no -cost time extensions, the addition of previously agreed upon funding, or deobligation of excess funds at the end of the agreement. Additionally, a unilateral modification may be utilized by Reclamation if it should become necessary to suspend or terminate the agreement in accordance with 43 CFR 12.83 or 43 CFR 12.961, as applicable. All other changes shall be made by means of a bilateral modification to the agreement. No oral statement made by any person, or written statement by any person other than the GCAO, shall be allowed in any manner or degree to modify or otherwise effect the terms of the Agreement. All requests for modification of the Agreement shall be made in writing, provide a full description of the reason for the request, and be sent to the attention of the GCAO. Any request for project extension shall be made at least 45 days prior to the expiration date of the agreement or the expiration date of any extension period that may have been previously granted. Any determination to extend the period of performance or to provide follow-on funding for continuation of a project is solely at the discretion of Reclamation. 14 Cooperative Agreement No. 08FC602334 F. CITY'S PROJECT MANAGER The city's Project Manager for this Agreement shall be: Michael Thane, P.E., Utility Director 212 Commerce Blvd. Round Rock, Texas 78664 512-218-3236 G. KEY PERSONNEL Alan McGraw, Mayor City of Round Rock 211 E. Main Street Round Rock, Texas 78664 Jim Nuse, City Manager City of Round Rock 211 E. Main Street Round Rock, Texas 78664 512-218-5401 In accordance with 43 CFR 12.70(d)(3)) or 43 CFR 12.925, as applicable, the city shall notify Reclamation when any changes are made in the key personnel identified above. H. GRANT OFFICER'S TECHNICAL REPRESENTATIVE (GOTR) The GOTR for this agreement will be: Bureau of Reclamation Collins K. Balcombe, Special Projects Director Oklahoma -Texas Area Office Bureau of Reclamation 5316 Highway 290 West Ste. 510 Austin, Texas 78735-8931 Wk: 512-899-4162 Fax: 512-899-4179 cbalcombe@gp.usbr.gov The GOTR is authorized to act only on technical GOTR and the City's Project Manager will work matters during the term of this Agreement. The closely to insure that all requirements of the 15 Cooperative Agreement No. 08FC602334 Agreement are being met. The GOTR's responsibilities include, but are not limited to, the following: 1. Assist the City concerning the accomplishment of the tasks described in the Agreement; 2. Provide information to the City which assists in the interpretation of the tasks; and 3. Review, and where required, approve reports and information to be delivered to the Government. Technical assistance must be within the general scope of the Agreement. The GOTR does not have the authority to and may not issue any technical assistance which: 1. Constitutes an assignment of additional work outside the general scope of the Agreement; 2. In any manner causes an increase or decrease in the total estimated cost or the time required for performance; or 3. Changes any of the expressed terms, conditions, or specifications. I. FUNDS AVAILABLE FOR PAYMENT The Government's obligation under this Agreement is contingent upon the availability of appropriated funds from which payment for Agreement purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the GO for this Agreement, and until the City receives notice of such availability, to be confirmed in writing to the City by the GO. Pursuant to the Act of Congress of June 17, 1902 (32 Stat. 388), and acts amendatory thereof or supplementary thereto, all commonly known as Reclamation Law, funds for Reclamation's participation in a Feasibility report and Environmental Analysis under the first year of this agreement are included in the fiscal year 2007 Energy and Water Development Appropriation (Public Law 110-5). Funding for any optional year of the agreement is contingent upon subsequent Congressional funding. J. REIMBURSABLE COSTS AND LIMITATIONS: 1. The City shall provide all personnel, services, facilities, equipment, materials and supplies, and perform all travel which may be necessary and appropriate for the proper performance of this Agreement. Costs so incurred will be paid for as provided herein. Reclamation's obligation to provide funding to the City for costs incurred in these connections shall be limited to the City's direct and indirect costs associated with this Agreement. All such direct and indirect costs must be determined to be allowable under the regulations contained in 48 CFR Subpart 31.2 or an OMB Cost Principle Circular, as 16 Cooperative Agreement No. 08FC602334 applicable, which are incorporated herein through the General Provisions of this agreement. 2. The City shall not incur costs or obligate funds for any purpose pertaining to operation of the program or activities beyond the expiration date stated in the agreement. The only costs which are authorized for a period of up to 90 days following the award expiration date are those strictly associated with closeout activities for preparation of the final report. 3. Reclamation will not be obligated to provide funding to the City and the City shall not be obligated to continue performance under the Agreement or to incur costs in excess of the costs set forth in the annual project budget unless the GO has furnished the City a modification to increase the available funding for the Agreement. K. BUDGET REVISIONS The City shall follow the requirements at 43 CFR 12.70(c) and 43 CFR 12.925, as when making revisions to budget and program plans. Additionally, approval shall be requested for transfers of amounts budgeted for indirect costs to absorb increases in direct costs or vice -versa L. PROCUREMENT STANDARDS When utilizing Federal funds for the procurement of supplies and other expendable property, equipment, real property, and other services under this agreement, the City shall utilize the Procurement Standards set forth at 43 CFR 12.76 and 43 CFR 12.940 -12.948, as applicable. The City may be required to submit evidence that its procurement procedures are in compliance with the standards stated therein. Additional guidance for contracting with small and minority firms, and women's business enterprises is included in the General Provisions section of this agreement. M. PROPERTY STANDARDS All property, equipment and supplies acquired by the City with Federal funds will be subject to usage, management, and disposal in accordance with the Property Standards at 43 CFR 12.72 - 12.73, and 43 CFR 12.930 - 12.937, as applicable. No real property will be acquired under this agreement. N. INSPECTION Reclamation has the right to inspect and evaluate the work performed or being performed under this agreement, and the premises where the work is being performed, at all reasonable times and 17 Cooperative Agreement No. 08FC602334 in a manner that will not unduly delay the work. If Reclamation performs inspection or evaluation on the premises of the City or a sub City, the City shall furnish and shall require sub Citys to furnish all reasonable facilities and assistance for the safe and convenient performance of these duties. O. AUDIT Citys are responsible for obtaining audits in accordance with the Single Audit Act Amendments of 1996 (31 U.S.C. 7501-7507) and revised OMB Circular A-133, "Audits of States, Local Governments, and Non -Profit Organizations." Audits shall be made by an independent auditor in accordance with generally accepted government auditing standards covering financial audits. Additional audit requirements applicable to this agreement are found at 43 CFR 12.66 or 43 CFR 12.926, as applicable. General guidance on the single audit process is included in a pamphlet titled, "Highlights of the Single Audit Process" which is available on the internet at http://www.dot.gov/ost/m60/grant/sincontact.htm. Additional information on single audits is available from the Federal Audit Clearinghouse at http://harvester.census.gov/sac. P. ENFORCEMENT In accordance with 43 CFR 12.83 or 43 CFR 12.962, as applicable, if the City materially fails to comply with any term of this agreement, whether stated in a Federal statute or regulation, an assurance, in a State plan or application, a notice of award, or elsewhere, Reclamation may take one or more of the following actions as appropriate: 1. Temporarily withhold cash payments pending correction of the deficiency by the City or sub -City or more severe enforcement action by the awarding agency. 2. Disallow (deny both use of funds and any matching credit for) all or part of the cost of the activity or action not in compliance. 3. Wholly or partly suspend or terminate the current award for the City's or sub City's program. 4. Withhold further awards for the program. 5. Take other remedies that may be legally available. Q. TERMINATION In accordance with 43 CFR 12.84 or 43 CFR 12.961, as applicable, and except as provided for in the Enforcement Provision, above, this agreement may be terminated in whole or part only as follows: 18 Cooperative Agreement No. 08FC602334 1. By the awarding agency with the consent of the City or sub City in which case the two parties shall agree upon the termination conditions, including the effective date and in the case of partial termination, the portion to be terminated. 2. By the City or sub -City upon written notification to Reclamation, setting forth the reasons for such termination, the effective date, and in the case of partial termination, the portion to be terminated. However, if, in the case of a partial termination, the awarding agency determines that the remaining portion of the award will not accomplish the purposes for which the award was made, the awarding agency may terminate the award in its entirety under either the Enforcement Provision or paragraph 1 of this Provision. R. PREAWARD INCURRENCE OF COSTS The City shall be entitled to have incurred costs for the planning activities detailed in this agreement and documented in a total amount not to exceed $10,000 for allowable costs incurred on or after October 5, 2004, the date of Authorization for P.L.108-316. S. COPYRIGHTS For Citys subject to the administrative standards set forth in OMB Circular A-110, the following copyright provision, as implemented by 43 CFR 12.936(a), shall apply: 1. The City may copyright any work that is subject to copyright and was developed, or for which ownership was purchased, under an award. The Federal awarding agency(ies) reserves a royalty -free, nonexclusive and irrevocable right to reproduce, publish, or otherwise use the work for Federal purposes, and to authorize others to do so. 2. For Citys subject to the administrative standards set forth in OMB Circular A-102 and the Grants Management Common Rule, the following copyright provision, as implemented by 43 CFR 12.74, shall apply: a. The Federal awarding agency reserves a royalty -free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for Federal Government purposes: i. The copyright in any work developed under a grant, subgrant, or contract under a grant or subgrant; and ii. Any rights of copyright to which a grantee, sub grantee or a contractor purchases ownership with grant support. 19 Cooperative Agreement No. 08FC602334 T. RIGHTS TO DATA: For Citys subject to the administrative standards set forth in OMB Circular A-110, the following provision, as implemented by 43 CFR 12.936(c), shall apply: The Federal Government has the right to: 1. Obtain, reproduce, publish or otherwise use the data first produced under an award; and 2. Authorize others to receive, reproduce, publish, or otherwise use such data for Federal purposes. U. STANDARD TERMS AND CONDITIONS In addition to the above terms, there are standard terms and conditions that apply to all grants and cooperative agreements entered into under the Federal Grant and Cooperative Agreement Act Of 1977 (31 U.S.C. §§ 6301-6308) and 43 CFR Part 12 — Administrative and Audit Requirements and Cost Principles for Assistance Programs. These terms and conditions can be found at: http://www.usbr.gov/mso/aamd/downloads/Standard Terms Agreements 06 2006.doc EXHIBIT A: CITY OF ROUND ROCK PLANNING AND ENVIRONMENTAL WORKPLAN A. PROBLEMS AND NEEDS 20 Cooperative Agreement No. 08FC602334 Task A1. Describe the key water management problem(s) for which water reclamation and reuse may provide a solution. Detail the overall county water resources management strategy. Review past studies and reports regarding water demand, water supply, and the market for reclaimed water in the County's water system. Update the conclusions and results from these reports based on recent trends in water use, development patterns, and the local economy. Task A2. Describe the near- and long-term water demand and supplies in the study area refer to section 1604 (c)(1), include factors considered such as a water use sector analysis (residential, commercial, public, industrial, and unaccounted water), population projections, climate, metering and pricing, water pressure and availability of sewer system, etc. Water quantities will be identified in acre-feet when such quantities are needed. Task A3. Identify the cost to develop those supplies, if known, and assess the level of certainty associated with those estimates. Task A4. In the description of the "Setting", include a paragraph on Geographic, Geological, and Hydraulic Settings; where each topic will discuss their relationship to the County's problems and opportunities. Geological setting is important in relation to construction, e.g., depth to bedrock, Edwards Aquifer recharge areas, etc. HDR Staff Time: 5 days Round Rock Staff Time: 0 HDR Cost Estimate: $ 5,457 Round Rock Cost Estimate: $0 TOTAL COST: $5,457 B. WATER REUSE OPPORTUNITIES — This section identifies the sources of reclaimed water, estimates the water quality, and evaluates issues related to its use. Task Bl. Address the opportunities for water reuse in the study area and identify the sources of water, including quantities in acre-feet that could be reclaimed. Estimate the quantities of reclaimed wastewater already in use. Task B2. Summarize the status of water reuse and water reclamation technology, as applied to this situation, and describe opportunities for development of improved technologies in the study Area, [refer to section 1603 (b)(2)]. Task B3. Identify all potential uses of reclaimed water, including, but not limited to, groundwater recharge, municipal, domestic, industrial, agricultural, power generation, environmental restoration, fish and wildlife, and recreation [refer to sections 1603 (b)(1) and 1604 (c)(2)]. Task B4. Please provide a discussion of the effects of each of the alternatives on the downstream water rights as required on Page 16 of the Guidelines. HDR Staff Time: 6 days HDR Cost Estimate: $7,629 Round Rock Staff Time: 0 Round Rock Cost Estimate: $0 21 Cooperative Agreement No. 08FC602334 TOTAL COST: $7,629 C. DESCRIPTION OF ALTERNATIVES As appropriate, describe all of the alternatives that were considered to accomplish the water supply objective being addressed with the project. These measures may include structural and/or nonstructural measures such as water conservation. (Note that these alternatives may have already been addressed in other reports.) In addition, describe the no action alternative which is the action that the sponsor would take if Federal funding was not provided for the project. When formulating a Title XVI Feasibility Plan, NEPA regulations require that the no action alternative always be considered. Task Cl. Description of the no action alternative or alternative which would be that action(s) the LCRA and Williamson County water stakeholders would take without the proposed project. Include amounts of current recycled water distributed and conserved by water conservation measures. Also, describe expected recycled water distribution and water conservation amounts that are projected without implementation of proposed project(s). Task C2. Provide an analysis of at least two alternative measures or technologies available for water reclamation, distribution, and reuse for the project under consideration, refer to section 1604 (c)(3). Coordinate these alternatives with those in the environmental analysis, if possible. Task C3. Provide a description of each alternative including the physical, institutional, or operational features needed for a fully functioning alternative, and how each alternative would operate. List the annual life cycle for each of the alternatives. Task C4. Provide an engineering cost estimate for proposed project construction in sufficient detail to permit evaluation of the project. Construction cost estimates will generally include costs for major structures, facilities, or other types of construction as appropriate for the project, including real property acquisitions and rights of way easements. Provide a construction implementation schedule. Direct construction costs should be based on quantities and unit prices. Lump -sum estimates should be used only for items of relatively small cost and where developing the estimates are impractical or unnecessarily costly. Indirect costs, including contingency costs, should be less than or equal to 20 percent of total construction costs. Task C5. Provide a map or drawing for each alternative. Task C6. Identify quantities of water in acre-feet that would be reclaimed by each alternative and when such quantities would be needed. Task C7. Discuss the market for, or dedicated use of, the water which would be reclaimed by each alternative, including expressions of interest or contractual commitments for using the Water, [refer to section 1604 (c)(6)]. 22 Cooperative Agreement No. 08FC602334 Task C8. Describe any barriers to the use of reclaimed water in the study area and how these barriers would be overcome, [refer to sections 1603 (b)(3) and 1603 (b)(4)]. Task C9. Provide a specific quantified analysis refer to section 1604 (c) (5) of whether the proposed development of water reclamation and reuse measures would: (a) near and long-term water demand and supplies in the study area; (b) all potential uses for reclaimed water; (c) at least two alternative measures or technologies available for water reclamation, distribution, and reuse for the project under consideration; (d) public health and environmental quality issues associated with use of reclaimed water; (e) whether development of the water reclamation and reuse measures under study would; 1. reduce, postpone, or eliminate development of new or expanded water supplies; 2. reduce or eliminate the use of existing diversions from natural watercourses or withdrawals from aquifers; or 3. reduce the demand on existing Federal water supply facilities. (f) the market or dedicated use for reclaimed water in the project's service area. Identify what those other sources would be, quantities in acre-feet of those sources, identify when such quantities and sources would be needed, the costs to develop the other sources, and assess the level of certainty associated with those estimates. Task C10. Discuss how each alternative would promote or apply a regional or watershed perspective to water resource management or cross -boundary issues. HDR Staff Time: 13 days Round Rock Staff Time: 0 HDR Cost Estimate: $16,158 Round Rock Cost Estimate: $0 TOTAL COST: D. ECONOMIC ANALYSIS OF ALTERNATIVES $16,158 LCRA may participate in the development of the Economic Analysis and provide all information needed to conduct the following tasks: Task Dl. Review recycling alternative and any other potential alternatives included as part of the feasibility report. Identify the benefited population associated with each alternative and the project costs (including O&M) over the project life. The identification of benefited population will include consideration of population growth in the future as well as economic development and growth. Task D2. Estimate the M&I benefits associated with the reuse alternative and all other alternatives included in the feasibility report. These benefit estimates will be based on previously completed M&I water supply and demand studies with adjustments made to apply to the city (the Benefits Transfer method). A cost effectiveness analysis will be completed to indicate the effectiveness of the reuse alternative compared to other alternatives will be included. 23 Cooperative Agreement No. 08FC602334 Task D3. Evaluate the current local and regional economic conditions, including employment and income, as a basis for comparing alternatives evaluated in the feasibility report. Task D4. A simple regional economic analysis will be completed using established economic models such as IMPLAN to evaluate the economic impact of each alternative on the local and regional economy. Task D5. Determine additional factors needed to assess Socio -Economic impacts of all alternatives to M&I water users. This information should include how the construction and O&M of each alternative would impact the rates of M&I water users over the course of the implementation schedule. HDR Staff Time: 15 days Round Rock Staff Time: 0 HDR Cost Estimate: $14,298 Round Rock Cost Estimate: $0 TOTAL COST: E. ENVIRONMENTAL ANALYSIS OF ALTERNATIVES $14,298 NOTE: § 1506.5 (c) of the Council of Environmental Quality's NEPA regulations requires that a contractor hired to write an Environmental Assessment (EA) be free of conflict of interest. Conflict of interest could arise if the same contractor were also hired for design, construction, or management of construction of a project. The EA contractor must file a statement with Reclamation stating that they have "no financial or other interest in the outcome of the project." Reclamation will evaluate the statement and may require that it be included in the EA. Tasks to be performed LCRA and/or consultant: 1. Environmental Compliance Task E1.1. the city will work closely with Reclamation to provide information that will be utilized in the preparation of a draft and final NEPA document. Task E1.2. The city will provide literature/records reviews and any necessary field reviews required for natural resources including physiography, geology, soils, water resources, vegetation, fish and wildlife and endangered species for the preparation of a draft and final NEPA document. Reclamation will determine what resources are required for review. Staff Time: 130 hours Cost Estimate: $10,000 2. Cultural Resources Coordinate with Reclamation in the completion of all cultural resource associated requirements and clearances. The feasibility report will describe activities and indicate the cost for surveys, mitigation and related activities to be conducted, if any are required in the "advance planning/final design" phase for the recommended plan. 24 Cooperative Agreement No. 08FC602334 Reclamation will conduct consultation with the Texas Historical Commission and prepare final language for the NEPA document. Cultural Resource compliance for the proposed project requires a qualified archeologist to perform all tasks. Task E2.1. Conduct Class I records search for all alternatives. Task E2.2. Conduct a Class III survey for the Preferred Alternative Task E2.3. Prepare and supply Reclamation with a report documenting findings of the records search and the results of the Class III survey Task E2.4. Coordinate with Reclamation on any mitigation required by the Texas Historical Commission Staff Time: 60 hours 3. Water Resources Cost Estimate: $4,500 Coordinate with Reclamation in evaluating the hydrologic impacts of alternatives to implement the proposed waste water reclamation and reuse in the City of Round Rock. • Utilize the current TCEQ WRAP/WAM model for the Brazos River Basin to predict in -stream flow impacts from all alternatives. • Coordinate with Reclamation on model run criteria and assumptions. • Provide Reclamation with the raw data obtained from the model runs. Staff Time: 130 hours Cost Estimate: $10,000 4. Public Involvement City of Round Rock Public Involvement Public Hearing/Meeting Presentation Tasks to be performed by the city and/or Consultant: Task E4.1. Provide Reclamation with information from past public meetings and studies on the area's reclaimed water program. If an additional public meeting(s) is required, tasks E4.2 -E4.6 will be implemented: Task E4.2. Prepare background materials and agenda for a public meeting on the alternative measures. Task E4.3. Prepare for public hearing including formulating agenda to standards including posting and 25 Cooperative Agreement No. 08FC602334 distribution of the agenda. Task E4.4. Create and publish bi-lingual meeting announcement. Provide facilitation for and a record of the public meeting Task E4.5. Attend public hearing/meeting. Task E4.6. Finalize transcript and collected comments and submit report. Staff Time: 130 hours Cost Estimate: $10,000 F. LEGAL AND INSTITUTIONAL REQUIREMENTS Task Fl. Describe the results of the consultation activities under the Endangered Species Act (ESA), FWCA, and other applicable Federal and State laws, that have occurred between the non - Federal sponsor and appropriate Federal, State, regional, and local authorities during the Study, [refer to section 1603 (c)]. Task F2. Identify the public health and environmental quality issues associated with each alternative. Include Federal, State, and local public health and environmental regulatory requirements associated with the reuse alternatives and the ability of the alternatives to meet those requirements, [refer to section 1604 (c)(4)]. Task F3. Provide an analysis of the effects of the change of reclaimed water from its current use to the proposed alternative use, including economic and environmental effects, and effects on downstream water rights. Discuss any water right issues and how they would be resolved. Task F4. Discuss how the project meets other legal and institutional requirements, such as contractual water supply obligations, Indian trust responsibilities, water rights settlements, regional water quality control boards, or other requirements not previously addressed. Discuss any unresolved issue(s) associated with the project, how the issue(s) will be resolved, moreover, how the project would be affected if the issue(s) is not resolved. Task F5. Identify any legal or institutional constraints, not discussed above, that would affect the ability of the sponsor to implement the project. Task F6. To help ensure that all of the requirements for Appraisal level investigations (Exhibit A, pages 13, A 1 and A2) are addressed, add a 2 -column table similar to the following: Section 1603 (b) 1-5 Requirements Reference appropriate planning study, report, etc. or chapter where located in this report. 26 Cooperative Agreement No. 08FC602334 1. All potential uses of reclaimed water, including, but not limited to, environmental restoration, fish and wildlife, groundwater recharge, municipal, domestic, industrial, agricultural, power generation, and recreation. 2. Current status of water reclamation technology and opportunities for development of improved technologies. 3. Measures to stimulate demand for and eliminate obstacles to use of reclaimed water, including pricing. 4. Measures to coordinate and streamline local, State and Federal permitting procedures required for the implementation of reclamation projects. 5. Measures to identify basic research needs required to expand the uses of reclaimed water in a safe and environmentally sound manner. HDR Staff Time: 3 days Round Rock Staff Time: 25 HDR Cost Estimate: $3,641 Round Rock Cost Estimate: $1,500 TOTAL COST: $5,141 G. FINANCIAL CAPABILITY OF THE SPONSOR Task G1. Present the proposed schedule for project implementation and the plan for funding the project's construction and operation, maintenance, and replacement costs, including the non - Federal and other Federal sources of funding. Task G2. Document the sponsor's financial capability to fund the non -Federal share of the project costs following Reclamation Title XVI Guidelines (Page 28) for documenting financial capability of non - Federal partners of water recycling projects refer to section 1604 (c)(7). Task G3. Reclamation will review funding methods proposed by non-federal sponsor. Task G4. In cooperation with the non-federal project sponsor, LCRA, Reclamation will complete/review an analysis of the financial capability of paying for a reuse project, phase or other alternative. HDR Staff Time: Round Rock Staff Time: 1 day HDR Cost Estimate: $1,145 40 hours Round Rock Cost Estimate: $3,000 TOTAL COST: $4,145 H. RESEARCH NEEDS 27 Cooperative Agreement No. 08FC602334 Briefly identify basic research needs required to expand the uses of reclaimed water in a safe and environmentally sound manner that have resulted from the study of reclaimed water use in the study area refer to section 1603 (b)(5). HDR Staff Time: 0.5 days Round Rock Staff Time: 0 HDR Cost Estimate: $ 694 Round Rock Cost Estimate: $0 TOTAL COST: $694 I. ADMINISTRATIVE TASKS 1. Project Management The following information represents city's assessment of the costs required for Project management to conduct a feasibility report to determine the most feasible method of meeting long-term water supply needs in Williamson County service area. The Project Manager for this effort would function as the team leader and be responsible for coordination with the Reclamation and technical teams other participants: Ensure accomplishment of the following responsibilities: Task I1.1. Coordinate and develop working agreements between Reclamation and the LCRA and modify in accordance with the needs of the study. Task 11.2. Work accomplishments of individual technical disciplines will be tracked in relation to expenditures to ensure that study progress is being achieved efficiently. Problem areas will be identified early and discussed with Reclamation and the Technical staff. Task I1.3. Coordination with Reclamation and other participants will occur on a periodic basis through e-mail, phone calls, conference calls, and meetings when needed to monitor study progress and discuss study accomplishments and problems or concerns. Technical team meetings will be conducted as needed. Task I1.4. The development of a final purpose and need statement, goals and objectives, criteria for alternative development, and alternatives for the proposed project will be coordinated. Task 11.5. All documents produced as part of this study will be reviewed to ensure that they meet all requirements in accordance with purpose and need, goals, and objectives of the project. Task 11.6. Prepare and file financial status reports (SF -269), federal cash transactions reports (SF -272), interim reports, and annual reports in accordance with Section V.4 of the cooperative agreement. HDR Staff Time: Round Rock Staff Time: 1 day HDR Cost Estimate: $1,115 520 hours Round Rock Cost Estimate: $36,500 28 Cooperative Agreement No. 08FC602334 TOTAL COST: $37,615 2. Technical Writing of Feasibility report (Ref. Exhibit A, pages 13-17) Task I2.1. Prepare drafts and revised drafts of the Feasibility report based on the various reports and studies prepared in Items A -H in accordance with specified milestones (Exhibit F). Task I2.2. Circulate the drafts of the Feasibility report for Reclamation QA/QC review and LCRA review. Incorporate edits and comments, including public comments, for final draft. HDR Staff Time: Round Rock Staff Time: 4 days HDR Cost Estimate: $4,454 80 hours Round Rock Cost Estimate: $6,000 TOTAL COST: $10,454 J. ENGINEERING DESIGN& BID HDR Cost Estimate: Plant Improvements - $250,406 (Design) & $28,876 (Bid) TOTAL COST ESTIMATE HDR (Feasibility Report): $54,591 ROUND ROCK (Administrative) : $0 ROUND ROCK (Environmental & Project Management): $81,500 TOTAL: $136,091 t 29 Cooperative Agreement No. 08FC602334 EXIOBIT B: RECLAMATION WORK PLAN A. PROBLEMS AND NEEDS Reclamation will be responsible for Quality Assurance/Quality Control (QA/QC) of this section. Associated costs are identified under I (2) of this plan. B. WATER REUSE OPPORTUNITIES Reclamation will be responsible for QA/QC of this section. Associated costs are identified under I (2). C. DESCRIPTION OF ALTERNATIVES Reclamation will be responsible for QA/QC of this section. Associated costs are identified under I (2). D. ECONOMIC ANALYSIS OF ALTERNATIVES Reclamation will be responsible for QA/QC of this section. Associated costs are identified under I (2). E. NEPA/CULTURAL STUDIES AND PUBLIC INVOLVEMENT 1. Environmental Compliance Reclamation will be responsible for all environmental compliance and have oversight responsibility in the work completed by LCRA. Reclamation has authority on all environmental compliance activities and final approval of any and all analysis. The environmental analysis will be an appendix to the Feasibility report. The environmental analysis is considered draft until formally approved by the OTAO Manager. Assumptions: • The resources evaluated, at a minimum, will include biological, economic impacts, social, and cultural resources. • There will be a draft and final NEPA document. • The NEPA document will include the feasibility alternatives and the no action alternative. Task E1.1 Reclamation will prepare the draft and final NEPA document. Task E1.2 Reclamation will respond to comments received regarding the draft NEPA document. Task E1.3 Reclamation will coordinate and consult with all necessary agencies as required by law. Task E1.4 Reclamation will prepare and sign the final decision document under NEPA Reclamation Staff Time (Grade Series 12): 35 days Cost Estimate: $24,850 30 Cooperative Agreement No. 08FC602334 2. Cultural Resource Studies and Report The feasibility report will describe and indicate the cost for surveys, mitigation and related activities to be conducted, if any are required in the "advance planning/final design" phase for the recommended plan. Reclamation will conduct consultation with the Texas Historical Commission and prepare final language for the NEPA document. Task E3.1. Findings Report review and Consultation with Texas Historical Commission. Task E3.2. Coordinate with LCRA on any mitigation required by the Texas Historical Commission Task E3.3. Preparation of language for NEPA document. Reclamation Staff Time (Grade Series 12): 10 days Cost Estimate: $7,100 3. Water Resources Costs are included in E (1) 4. Public Involvement Oversight Task E2.1. Reclamation will attend any public involvement meeting(s) and review associated activities Reclamation Staff Time (Grade Series 12): 3 days Nonlabor Costs TOTAL F. LEGAL AND INSTITUTIONAL REQUIREMENTS Cost Estimate: $2,130 $1,000 $3,130 Reclamation will be responsible for QA/QC of this section. Associated costs are identified under I (2). G. FINANCIAL CAPABILITY OF THE SPONSOR In accordance with P.L. 102-575 and Title XVI Guidelines, Exhibit A, Reclamation will ensure that Financial Capability is demonstrated. Associated costs are identified under I (2). H. RESEARCH NEEDS Reclamation will be responsible for QA/QC of this section. Associated costs are identified under I (2). I. ADMINISTRATIVE 1. Reclamation Study Director 31 Cooperative Agreement No. 08FC602334 The following information represents the Reclamation assessment of the costs required for study management to conduct a feasibility report for the Williamson County service area. The Reclamation Study Director for this effort would function as the Reclamation team leader and be responsible for coordination with LCRA and technical teams and other participants: Task I1.1. Coordinate and develop service agreements between the LCRA and Reclamation and modify in accordance with the needs of the study. Task I1.2. Work accomplishments of individual technical disciplines will be tracked in relation to expenditures to ensure that study progress is being achieved efficiently. Problem areas will be identified early and discussed with Technical staff and client. Task 11.3. Coordination with LCRA and other participants will occur on a periodic basis through e-mail, phone calls, conference calls, and meetings when needed to monitor study progress and discuss study accomplishments and problems or concerns. Technical team meetings will be conducted as needed. Task I1.4. The development of a final purpose and need statement, goals and objectives, criteria for alternative development, and alternatives for the proposed project will be coordinated. Task I1.5. All documents produced as part of this study will be reviewed to ensure that they meet all requirements in accordance with purpose and need, goals, and objectives of the project. Pre Award Staff Time (Grade Series 12): 12 days Cost Estimate: $8,800 Reclamation Staff Time (Grade Series 12): 15 days Cost Estimate: $10,650 TOTAL: 27 days Cost Estimate: $19,450 2. Review Team Quality Assurance/Quality Control (QA/QC), The planning team will provide materials to the review team for comment and review at specified intervals indicated on Milestone Table (Exhibit F). The review team will document comments and guidance in memoranda and transmit to the team via the study manager. The memoranda will be used by LCRA to revise or incorporate changes to the study, to complete all required detailed analyses and prepare the draft and revised draft Planning Report/NEPA documents. The study manager will be responsible for ensuring that comments and guidance identified in the memoranda are fully addressed. These reviews will ensure uniform application of clearly established Reclamation -wide procedures and policy in accordance with P.L. 102-575 and the Title XVI Guidelines (Exhibit A). Reclamation will also identify issues that must be resolved in the absence of clearly established criteria, guidance, regulations, laws principles and procedures or where judgment plays a substantial role. Lastly, QA/QC reviews are intended to minimize the time that the report is in the Agency approval process. Reclamation Staff Time (Grade Series 12): 12 days Cost Estimate: $8,520 32 TOTAL IN-KIND COST ESTIMATE Reclamation Staff Time (Grade Series 12): Pre Award Staff Time (Grade Series 12): Reclamation Nonlabor Costs: TOTAL RECLAMATION COSTS: 75 days 12 days Cooperative Agreement No. 08FC602334 Cost Estimate: $53,250 Cost Estimate: $8,800 Cost Estimate: $1,000 $63,050.00 33 Cooperative Agreement No. 08FC602334 0 a 0 0 a a) O a a aS tl) a) '175 U 0) C a) a 0 N c O 0. O a a C d a c RS 0 0 0 N 0 a 0 0 U a a) N LO c,) L 3r < 0) O O J ao U • c C_ 0 U c6 a C 0 U U •E 0 N a 7/3 O U •- 0) O 'Ea_ C a CD a) O. -O O N C • 3 0 0 d la L N W E C a) • 0 o U c a-0 0 • - E N (0 a) C'') -0 co 0o 0 a- .§ •3 iO o c O O N U O 0_ _c o cn Q Both parties sign the cooperative agreement and all assigned tasks commence. C r N 71- p 0 - L •1- Et C M @ L a) E o O. C 0 0 0 a) ) 0 C U E 0 3 L C/ 0 0 0 - L a O o a o a a p 0 L O f6 2 0 N a3 U 7 Q U a) 0 0 a 6 c 3 0 _L n U > a3 'j Z O Eo y 0 . E° 20 °,0 a c C Nv) L� �6.=_ c W>o cc •5> ° • ati as O o-= a)' C C a- N� 0° '5 D U a) 4- U O 0 U 0> a) 0" p p 0 a ai a) To 0 O LO U Cas To TS RS Et LL c c U 0 •— a o =p E O • �n � O_ ▪ @ a Z' O 0 2 U C O a C a U O L .-E L @ 0 w E_c -c 0- .0i/) §L �)� � c o 0 00 3 3 E L CD a U o . • coi N < • > O a) 0 c=i a) = c 2'§ RS >4 0 c= '6E 0c . CD , E as o E.0 U a�i.o w m ULO., U 7 L a - LL f6 .... •«- �' 0H �E a)E •E7 0I' 0 O • L L w 0 L U _O ... N RS e • CO 3 c ua o • E a � a E __ •0• c— O C O _0 E 3 2 w U 0 c co C N m U c p74 = p = O O a a .§ 3 .c E a 7,-_ O 0 0 Q c> c OI 111 cC Oco co o s c O OL OF v t, v N E U E -C" a.. 0 0y 00 0c Q 3 cc o as O LL O d' o CO CO CO CO CsCO 0 0 Cr) 0 a) 0 0 0 0 0 � 0 0 0 0 CD - 0 N as M co M .M-- .- ` Mp - O) r- 0 O O >, O -M M Nt 0 CO a o 0 Mi — Planning Study Authorization & funding Y L c26 a co a C -0 Y CO c6 t 0 N p W O O a) 3 E a) 0 ▪ > ca,-) a3) E C O N a) N Q' > 2as g0 , E a6 E R>. 2 �6 o. Q L rn E> U a) c06 E O 0 Cl)3C 0 0 N •C la U_ c6 c/) > O U to j 04= ID -O •O c N p p < 0 a) O 9 iX a) 0 a E 0 c �o 0 LL. c w o (1) 'C C Q' O C a O O a 0 0 >,N 0 c 3 m U "' O • 00 N '- ) Lao C C •5 c n, a) o co ai o o 2 o `oQ w � aim c as m ns COasc LLo w E E0 0� U0 0 c m� •g U 0 •> a0i a) - = a = 0 p a) •> -) L f6 X f6 3 1L6 CD (�6 w U a E o Ha) w <E a 0._ aa) Xo ccE n- c l a I I a) I � E 1 p- I cu I co) NRS M 00 d' 'V' N (0 CO 7 n EO co +_ as Q a 2 U 2c U 2 2 U 2.E 2w A. 5 Cooperative Agreement No. 08FC602334 Reclamation solicits public comments for 45 calender days. a)"E) & 07; -6. k o £ 2f o -o E0 -c o o a coa @@2 00 c 4- \ � °�0 22� -0 Q «2o eco cc \ c eea rte® it co ' o Q) 2 0 m = o §_± �_- a)n a o E as ca. > c c a t a u, E a_ a 0 o >, ome ._ _� y . 5E E(c QC \2 k "0 a3 ��p £\ as 7 cO =�E 0 ®� °°� &ab f® ()CO k 2cf (£ 2 &k �_ c� k o.- \k�1 �c \ &_060 @o _ £ o Ooc as .7) \0 2/k SCO , O �% k 2�3 : D Of 2.\' /7 « ��7 ƒ��( £i@ \/ o §\/ -9 �(§ £- ® 0 —. ��E� a�� m2 £ - =m aO•5 : SQ Ec 2 1— 0- q\±_\ iii 20 o aCE S2 E co(2 2�= $CL2 ©E 0 2 2 eff\ 0£# 50 0 #2� GSD 2?$ &® ± yam e0 - /tet ® a - - • utE E� / � /-c Cr) E E E_ ck m8 a)>,,i- cEf k \ §/ \. k�� § \ 3 o m = c kk qm 52>' b$/� \/E 5 E 2 = 2 a wo /k HO o co CLCOW \3 f % / E E \ j % 0 a 8 a \ 0 \ 0 \ \ 0 M10 — Public comment on draft EA 0 0 o 7 �03 / ƒ 0 \ƒ o ® Eok k / a 0_ in a) �w C ,_} 0 0 a_k \$ �> Z r z / §§ $� aU 2 �» •o �` f7 e c0 §� 2� c C .m .e �o :ƒ g E- 2c /± as E m E=as > E co k\ �< > 0 0 - CC% CC0 0 IX0R ƒE 1E 1a 1& ,or 1E —E "0 n2 �0E coo k8 kC k± k58 k3 Reclamation notifies the City that construction may begin M16 — Construction may begin 09/29/2008 13:18 5122183242 ';N'-=PORTHTION SVC PAGE 05 OMR Nu er 4040-0004 r ion D t 61 131'1009 Application for Federal Assistance SF -424 Version 02 •1. ■ Type of Submission: Preapplication Application '2, IIIContinuation Typo of Application * If Revision, select appropriate letter(s) �NeW "other (Specify) n Changed/Corrected Application 0 Revision 3. Date Received: 4. Applicant Identifier 5a. Federal Entity Identifier. '5b. Federal Award Identifier: State Usa Only: 6. Date Received by State: 7. State Application Identifier: 8. APPLICANT INFORMATION: 'a. Legal Name; Q ? (() k)�.t����L 1- 'Q L ((Number *b. Employer/Taxpayer Identification (EINCIIN): i `c. Organizational DUNS: rl'A*-''.'3\" nAR)-S— d. Address: ,c- M `Street 1: r��\__f J -C _ Street 2: 'City: W\)� County: ' 1 loOr) 'State: \ NN Province: 'Country: 5i\ 'Zip / Postal Code L (& �,, ,' e. Organizational Unit: Department Name: Division Name: f. Name and contact information of person to be contacted on matters involving this application: Prefix:`pp1\ . 'First Name: , Middle Name: `� *Last Name: {'a1it` Or \i Suffix: Title: Q, --keN t V , l„),,, J 1� Organizational Affiliation: 11 'Telephone Number: r. - Fax Number: 'Email: 'CW C'C \OLS C 'CoV ” 44CI • - \- 09/2912008 13:18 5122183242 Application for Federal Assistance SF -424 l9. Typo of Applicant 1: Select Applicant Type: Type of Applicant 2: Select Applicant Type: Type of Applicant 3: Select Applicant Type: 'Other (Specify) TP NEPORTATION SVC PAGE 06 OMD Nu Expiration (4i *10 Name of Federal Agency: 11. Catalog of Federal Domestic Assistance Number: • CFDA Title: ttcPto i\)\PNioJ *12 Funding Opportunity Number: "Title: 13. Competition Identification Number: Title: brr: 4040.0004 te: 01131/2009 Version 02 14. Areas Affected by Project (Cities, Counties, States, etc.): t-j'‘k) 6` \N44 ;-5—XP,IPSL *15. Descriptive Title of Applicant's Project: "`--- l k1\\ 440/sf\G*Qi c\) \J e -A\ eVARMIASItA 6 09/29/2008 13:18 51221 83242 T F'r.NSPOPTr1TION SVC ir PAGE 07 0M1:3 Nurzncr: 4040.0004 Expiration D le: 01/31/2009 Application for Federal Assistance SF -424 version 02 18. Congressional Districts Of; *a. Applicant: 'b. Program/Project: 17. Proposed Protect: *a. Start Date: *b. End Date: 18. Estimated Funding ($): *a, Federal *b. Applicant *c, State 'd. Local *e. Other 'f, Program Income *g. TOTAL •c Vs,���b am 1\-"\ (z),g=. *19. Is Application Subject to Review By State Under Executive Order 12372 Process? ❑ a. This application was made available to the State under the Executive Order 12372 Process for review oil ❑ b. Program is subject to E.O. 12372 but has not been selected by the State for review, ❑ c. Program is not covered by E. O. 12372 *20. Is the Applicant Delinquent On Any Federal Debt? (if "Yes", provide explanation.) ❑ Yes IscNo 21. `By eigning thio epplioetion, I certify (1) to the statements contained in the list of certifications" and (2) that 11 is sIG1eu ie is herein are true, complete and accurate to the best of my knowledge. I also provide the required assurances" and agree to comply with any resulting terms If I accept an award. i am aware that any false, fictitious, or fraudulent statements or claims may subject me to criminal, civil, or administrative penalties. (U, S. Code, Title 210, Section 1001) I AGREE " The list of certifications and assurances, or an Internet site where you may obtain this list, is contained in the announcement or agency specific instructions Authorized Representative: Prefix: Middle Name: *Last Name: Suffix: 'Title: *Telephone Number: i '12., Z( Q7• `moo *First Name: Fax Number: .?i( tge ` Email: MAyyy-M41 raw co rDw d.. rp k. `Signature of Authorized Representative: '71i *Date Signed: J . �► Authorized for Local Reproduction Standard l orm 424 (NcvisCd 10/2005) Prescribed by OMB Circular A-102 09/29/2008 13:18 5122183242 TRANSPORTATION SVC PAGE 08 OMB Nutter: 4040.0004 Expiration Datc: 01/31/2009 Application for Federal Assistance SF -424 Versinn 112 Applicant Federal Debt Delinquency Explanation Tha following shot dri r•.nntain an explanation if the Applicant organization ie delinquent of any Federal Debt. 09/29/2008 13:18 5122183242 TRANSPORTATION SVC PAGE 09 O 0 Z a2 m U 0eFy 8. 40 O 0 419 9 0 L 4.4 O 0 44 64 O 0 0 0 0 0 0 '4 (0 40 69 1 60 r-- 4.9 FA 0 4,9 I0 0 O c 4,9 rfr 0 0 0 0 0 .rJ 0 0 O 0 0 0 O 0 69 N -- 0 0 69 COST CLASSIFICATION Administrative and legal expenses c E a a c a 0 3 N Architectual and engineering fees Project inspector. tees 0 ti Demolition and removal co 0 2 C 0 0 cT E rti Miscellaneous O J 0 -J m a� E 0 0 QI 2 .L 2 TOTAL PROJECT COSTS (subtract #15 from #141 CD FEDERAL FUNDING 0 0 0 64 X 0. 0 0) 0 —65 LU 0 o O 0, N C cc 8N 47, m 4 u e w m 0 Ttp C b c70 413 Rt 2 r N E a 0 cd Li; Authorized lor Local Roporoductlon 09/29/2008 13:18 5122183242 Iv TRANSPORTATION SVC PAGE 10 ASSURANCES - CONSTRUCTION PROGRAMS Public reporting burden for this collection of information is estimated to average 15 minutes per responee, Including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing tt a collection of Information. Send comments regarding the burden estimate or any other aspect of this collection of Information, Including suggestions for reducing this burden, to the Office of Management and F31irlaat. Paperwork Reduction Project (0340.0042), Washington, DC 20503. PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND iT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. NOTE: Certain of these assurances may not be applicable to your project or program.If you Ybe notified. As the duly authorized reproaentetive of the applicant, i certify that the applicant: 1, Has the legal authority to apply for Federal assistance, and the institutional, managerial and financial r•.apabiiity (including funds sufficient to pay the non -Federal share of project costs) to ensure proper piannin management and completion of the project deecribcd this application. omo Approval No, 0348.0042 Awarding Agency. Further, certain Federal assistance awarding agencies may require happlicants' toccertif} assurances. If such is the case, you will to additional 9' n 2. Will give th,a awarding agency, tho Comptroller General of the United States and, if appropriate, the State, through any authorized representative, access to and tho right to examine all rewords, books, papers, or documents related to the assistance; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives, 3. Will not dispose of, modify the use of, or change the terms of the real property title, or other interest in the site and facilities without permission and instructions from the awarding agency. Will record the Federal interest in the title of real property in accordance with awarding agency direr:tivac and will Inelude a covenant In the title of real property aquired in whole or in part with Federal assistance funds to assure non- discrimination during the ueoful lifo of tho project. 4. Will comply with the requirements of the assistance awarding agency with regard to the drafting, review and approval of construction plans and specifications. 5, Will provide and maintain competent and adequate engineering supervision at the construction slte to ensure that the complete work conforms with the approved plans end specifications and will furnish progress reports and such other Information as may be required by the assistance awarding agency or State. 6. Will initiate and complete the work within the applicable time frame after receipt nf Approval of the awarding agency, WIIi oetahllsh sorryuardc to prohibit omploycca from using their poeitions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain, Previous Edition Usable 8. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. §§4728-4763) relating :o prescribed standards for merit systems for programs funded under one of the 19 statutes or regulations specified in AppendixA of OPM's Standards for a Me -it System of Personnel Administration (5 C,F.R. 900, Subpart F). 9, Will comply with the Lead -Based Palrt Poisoning Prevention Act (42 U.S,C. §§4801 et seq.) which prohibits the use of lead-based paint in nnletructlon or rehabilitation of residence structures, 10. Will comply with alt Federal statutes relating to non.. discrimination. These Include but are not limited to: (a) Title Vi of the Civil Rights Act of 1964 (P.L. 88-352) which prohihita discrimination on the bo )is of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§1681 1683, and 1695-160C), which, pruhltjits discrimination on the basis of sex; (c) Section 5]4 of the Rehabilitation Act of 1973, as amended (29 U,S.C. 6794), which prohibits discrimination on tie basis of handicaps; (d) the Age Discrimination Act Df 1975, as amended (42 U.S.C. §§6101-6107). which prohibits discrimination on the oasis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on ale basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616). as amended, relating to nondiscrimination on the basis of alcoho abuse or alcoholism; (g) §§523 and 527 of the PuDIIC Health Service Act of 1912 (42 U.S C. §6290 dd-3 and 290 ee 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the CMI Righte Act of 1068 (42 U.G.C. §§3001 et seq.), as amended, relating to nondiscrimination In the sale, rental or financing of housing; (1) any other nondiscrimination provisions In the specific statute(s) under which application for Federal assistance Is being made; and, (j) the requirements nf any other nondlacrimmation statutes) which may apply to the application. Authorized for Local Reproduction Prescribed by OMB Circular A-102 Standard Form 42•D (Rev. 7.97) 09/29/2008 1.3:18 512218 3242 11. Will comply, or has already complied, with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal and federally -assisted programs. These requirements apply to all interests In rani property acquired for protect purposes regardless of Federal participation in purchases. 12, Will comply with the provisions of the Hatch Act (5 U.S,C. §§1501-1506 and 7324-7328) which limit the political aotivitioe of employees whose prime ip d employment activities are funded in whole or in part with Federal funds. 13. WIII comply, as applicable, with the provisions of the Davis - Bacon Act (40 U.S,C, §§278a to 276a-7), the Copeland Act (40 U.S.C. §276c and 18 U.S.C. §874), and the Contract Work Hours and Safety Standards Act (40 U.S,C. §§327- 333) regarding labor standards for federally -assisted construction subagreements. 14. Will comply with flood insurance purchase requirements of Section 102(a) of the Floyd r1rcactpr Protection Act of 1973 (P.L. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance If the total coot of insurable construction and acquisition Is $10,000 or more. 16. WIII comply with environmental .sLenmJdrds which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL APPLICANT ORGANIZATION .-.s GRy pc- 12-am4r2eq- TRAN'SF'ORTATION SVC PAGE 11 National Environmental Policy Act of 1%9 (P.L. 91- 190) and Executive Order (EO) 11514; (b notification of violating fadllties pursuant to EO 11738: (c) protection of wetlands pursuant to f o 11990: (d) evaluation of flood hazards in floodplalns in accordance with EO 11988; (e) assurance of project consistency with the approved State managemer t pruyrclrri developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 et seq.); (f) cdnformIty of r ederat actions to State (Clean Alr) Implementation Plans under Section 176(c) of the Clean Nr Act of 1955, as amended (42 U.S.C. §§7401 et seq.): (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P,L. 93-523); and, (h) oretection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93-205). 16, Will comply with the Wild and Scenic Ri vers Act of 1969 (16 U,S.C, §§1271 et seq.) related to protecting components or potentia) components of tie nationot wild and scenic rivers system, 17. Will assist the awarding agoncy In assuring ;ompliauue with Section 106 of the National Historic Preservation Act of 1986, as amended (16 U.S.C. §470), EO 11593 (identification and protection of historic prop?rtles), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C, §§469a-1 et seq.). 18, Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and OMB Circular 'Vo. A-133, "Audits of States, Local Governments, and Non -Profit Organizations." 19, WIII comply with ail applicable requirements )f all other Federal laws. executive orders. regulatlnns, and pnlicips governing this program. TITLE DATE SUBMITTED g�2G.ilfv SF -424D (Rev, 7-97) Rack 09/29/2008 13:18 5122183242 TF'ANSPORTATION SVC PAGE 12 INSTRUCTIONS FOR THE SF -42d Public reporing burden for this or.t!eerion of ink:emotion is. estimated to average 6C rn'sntJteg per response., including: Sete for reviewng in5tructihns. searching Existing data ~sources, {laih>e!rirtg and maintaining the data nctded. and aomp&1ing and rev:owing die collecttar of information,. Send.wnhmenti regarding the a'mrden estimate or any other aspect of this ooeereion of information. including' suggestions for reducing this burdle.n. to the °t lice, of Management and Budget. Paperwork Reduction Project (0346-0043), Washington- DC 20503. PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND rr TO THE ADDIRESd PROVIDED 9Y THE SPONSORING AGENCY. This is a standard brie (ttucl;tdiap the cot.tiutta iu sheet) i..equired for use AS cater 'sheet for subtuission ofpmespplicattons and apptitedaus end vibe:4 ictforsetrioa► uadee distrad!entry programs. Sarre of the treas.; are reclined. eed:ome cif oFtioaa1 sr the discretion of ffia applicant m the Federal agency- (Agency), Regnired items an. ideutified with so asterisk on :he. lout and nee seeci8®d ill! time inslauct.ent below, iti addirioa co elle :n tractions [::evicted below, applicants must canm Jr agency lain -micas to deterselne_ speciu5c rf'gtttt,eraetiis. IresR Entry: 1. 5 Type of Svbmissfort (Ftequreci.); Select one type of s+eteniseiort in accordertoe with agency irrswructinns. • rroaQ!plIeJligt1 • Application • Changed/Corrected Application.— If requested by the agency, cheek if thio vubmiasion is la ehanage of -cermet a p reviciJslp submitted appaia ion. Unless requested by the apenoy. a:pp;Iiaarats may not use this to submit changes afer:he closing date.. Typeof Application: (Requited). Seleot one type of application in at evidence wit1, anenicy in^sfruotions. New — Ali aiaplicabon v.ai is being eolbnhiried to are agency Par the fire time. • Continuation -. An extension for an additional funding/budget period for a projti:t with: a projected completion date. T hia cont inolurle renewals. • Revision - Arty' change it}the Fedeeaa Government's biaancibd obfigatiorm oriceolingent liability from arm existing obligation. of a nsvisfion, .enter Pre appropriate terer(,s j. More than one may be selected. W "Other` {e I. -elected, p+icase specify in teat box Leuoir4c4. A. Increase! Award R. Decrease Award C. Inessase Duration D. Decrease Duration E. Other (spay} Date Received: Leave• thisf kcf blabber. This dale will be assigned bye.. Federal agenr_y_ Applibrvntfraentlfler: Enc the a r6?ty Iderrtiikr aasegrred ray the Fe cal agency. it any. oar applicant's occult number. If applicab%e. Federal Entity 'Iden'ti ier: Enter the timber assigned¢o ,your rime eeflrna by die Federal Alp roes. if any. Federal Award Idientifier:, For mew applications learn: Week. Fora. ^_onfinuation et revision to an existing award, err:ter the pre'riousty assigned Federal award Identifier number_ if a ¢ftaneedicorrealed appIi Iion, enter tyle Federal identiier in acoordanoewalk, agents insaruetioos, Fiero Entry, 10. Name Of Federal Agency: (Resoaalred) Enter the name of the Federal agency from, which assistance being ri guested/ with this application. Catalog Of Federal Diomede, Assistance Num ber;rTi'tie: Enter the Catalog o8 reelect! Darwmrks Asbisrarnzr rawirrtrr decd :Wept she program under which assts;anoe is requested. as J 1 Sound in the program announcernaenrl; if appeoabrl 14. Funding Opportunity Number/Title: (Required) Enter die Funding Opponuntty Numbee and title of the app'ntunityr under which assistance Is requested, as bund in the pr* ram annenncecnenc. Competition Identification NumbenTele: Eater the Competition Identification Number and title of the competition nnriof which assi{starpca is naquoatad, Irapppoabre, '1 is Areas Affected Hy Pretreat': List:tine areas cr _mitres uohp the categories (e.g.., cities, couniles, states. etc.) sin! led in agency instate:Ione. Use the ci rdinuatian sheet ie enter additional areas, if needed, Descriptive Title of,Applfoant's fPmo.ect: yi?egeriree) Eraser a brief descriptive tole sof Mlle project if apprt palate, at act a map showing Project location (esp.., oonsta t tion cr. reel/ 'Awe;tY pn es+'. Par preappfripedens, trach a somrnary description of the project Dale R;eoeiv'e.dl by State: Leave ihis field blarrr'k.. This dude Witl be arsipneedbythe SOate., if.appfieabk- State .Application identifier: Leave this field ,blank. This identifier nil; be assigned by the Stat*, lP applicable. y,rfrlacent !Inron:nativn,-. Ender at* tellaW rig irh amensa!rece ortth agency instructions: 3. Legal Kerne; (Reuuired): Enter Ste fepal !name of apptinant that.. will undertake be aSSistance activity. TM; is the name that the organization has registered with the Central Contractor Registry. in€orrrsalion on re isterinnlnith COR may (cec btallied fSflui5ibirap the Orants.stotl websife- b. o errs aiwayer Numuber iERNr nN): (fiegr.uredy Enter the EimpbyerorTaxpayer IdentiffeaSan Number fi_IN or TIN1 as assigned by the fhlernalt Rleve?nm Seltatoe. if yoarrorpanita1io+n is notifstyre US. ewler 44-4444444 Orgarlizatiana/ DUNS:. Required) Enter The organization's Ct4„ P,ZS ce sDVIN&+•N slumber rteceived from Dun and Eraclslreec. Inkrrr vIlein on ebtairting a DUNS cu•oh. , may be entained by visiting the Grants,clow w eW5ite. d. Adidrerssf Enter the peripele address as foliavrs: Skeet address Qi+ct t! reovilredl, Cady {equisedl, Courtly,. Stent (Required, if cue rtry 15 3Dgi. PrrovOlce-.. r.ounlry i,Required1,, 2ip)PnefAI r ev€p y^equirapt, rf,cextniry US;. e..Grgarkiz.atiroriar Unit: Enter the macre of site primary organnatiena(—'i ;ani) (and department or division. if opificable) that v tl umderla,' e. the '1 1$ Congressional Districts al: (Required) 1,15a. Eeler the app5sant's Caripressicrart District. mid '1 b., EAlret ail D trirlisr! affected by the program co- project. Enver In the lomat obs'rainersState Abbreviation —.3 characters Oise c¢ numer, e.g., CA -04'5 for California 54' disiriiit, CA -012 ler Calfomia.1.2`' district, NC -103 fav North Carolina's aCle district. If all oonsremicraral districts in a slate are affected, enter "air for the district number. e.g., MD -31.1 for all i'iongyressiarral 4i$Ii.is:li,,in Maryland. • If sxativnvvide, i.e_ ail,dlstricts.within all states Are affected, enter If the Ipragramforpjpd is tatHrlo th,? tf s, enhm OGa-QDCr- Propantoc/ Project Start mind Cod Dates: {Retauirefrig tine pied Mari date .nnd end *leaf the project. AV/1 etokig4 Estimated IF1 ending: (Required) Enter the arnc'urt requested or t!o be contributed during the firs„ Ifundingrbudgef wield by each contributor. Value• of in -bind' •carntributians shrxrlJ be included tin . ruprck+le tinges„ as appliaable_ kf tele enter refit! result in a deli change bo an existing avrard, indioate only the amount of the. change. Far decreases, a crtose the amounts in parentheses. 16. Is Application Subject. to Review by Stele Under Executive grief 1232:3 Process.? Appel:ants stsorald contact the, State Singae' Pc1;0 of Contaol: (SP(C) for Federal Esecurtwe Order 12372 to determine vrtteiher the application is sraEeect 2c the 1" b 09/29/20088 13:18 5122183242 TRANSPORTATION SVC assistance activity, i{ a licable, fit ane ata contaot lntormatIon . person to a contacted on matters involving this application Enter the name IFrst and last name requinedh, organizZ7iona: affiliation (IF affiliated with an organization ager than Mei appk'icarn argenizatian y. talep?tane number {Rcaluired). fox number, and ernag address (Required) cS the person to con:ant on matters related co this application_ Type of .ryppricanl: (Required} Select. ttp to three applicant typa_!s; instructions. A. State Government 8, County Gouernrnent C. City or Township Government 0. Strocial District Government E. Regional Orgenizacion F. U.S- Tentitory ar Possession G. Independent School District H. Public/Stale Controlled Institution al Higher Eduo.atian t. Indian/Native American Tribal Government Recognized) tFt?derafly J Indianhistive.Mterfcan Tribal Government (Other ban Federally Recognized) K. rndianfMatrve American Tribally.Designated Ona izaIion Perb4;ellndFxa Housing Authority 3R. PAGE 13 State Intergovernmentao review rtrn.I a. The appropriate box. Ira: is se;e<:ted, enter the *ate the application was submitted to tate State in accordance with age .y M. Nonprofit with ArcalRs _- Status (011ier than Institution; of Higher Education) N. Nonprofit without 5O C3. IRG Status 4O itwr 1i n lna?itut'crt of Higher Education? Private Institution of l? fuer Education individual For -Profit Organization (Olherthan Small Easiness) email Ovoin.ass f- Mspan3c.serving institution Hstortcarlty Black. Colleges and Universities (;HOCU'sl Tribally IC,obh:lied Colleges and Universities (I -CCUs) V. ,Ataska Native -and Native 1-feweifera Serving iast'ilu:ruras W. Non-tloreestio (non -U3} Entity x. Other rsoeci r J. F. 0. R. T. 4d. 2I. Is the Applicant Delinquent on any Federal Debt? (Required} Select to appropriate bax. This questo.n applies to the applicant organlzat5ort, not the person who signs as the authorized representative. CA/chaff/les a debt inoludia delinquent auditdiisalaawanoes. loans and taxes. d yes, include an eplan,ation on the oontirivall m sheet. Authorized Representative: (Required) To be signed and dared !by dte authorized representative of She Applicant organization, Enter the name (First and last name required) tills (Ref:wired). telephone number (Required) , rap;, number, and email address (Required) of the person authorized to sign kir the applicant A=FY ocf to governing body's a.uthonzation fru you to sign tt+is appilcation as the official representative must by on Re in the applicant's aft se. (Certain federal agencies may re.orrire that this autharlzation be sutbmltt ed as parte the appFtcatlon.) 09/29/2008 13:18 5122183242 FR'AlNNSPORTATION SVC INSTRUCTIONS FOR THE SF -424C Public reporting burden for this collection of information is estimted to average 180 minutes pe response, including time for reviewing instructions, searching existing data sources, gathering and maintal ing the data needed, and completing and reviewing the collection of information. Send comments rega ding the burden estimate or any other aspect of this collection of infnrmation, includingau ggestions for this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-004r )ducing Washington, DC 20503 PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND : UDGET, SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. PAGE 14 This sheet is to be used for the following types of applications: (1) "New" (means a new unfunded) oaaistance award); (2) "Continuation" (means funding In a succeeding budget periodrevio w stemmed from a prior agreement to fund); and (3) "Revised (means any changes in the Federal go financial obligations or contingent liability from an existing nhligationi. if there io no change in th amount there is no need to complete this form. Certain Federal agencies may require only an exp) (otter to effect minor (no cost) changes. If you have questions, please contact the Federal agenc Column a. --If this is an application for a "New" project, enter the total estimated cost of each of the items listed on lines 1 through 16 (as applicable) under "COST CLASSIFICATIONS." If this application entails a change to an existing award, enter the eligible amounts approved under the previous award for the items under "COST CLASSIFICATION." Column b.--tf this is an application for a "New" project, enter that portion of the cost of each item in column a, which is not allowed for Federal assistance. Contact the Federal agency for assistance in determining the allowability of specific costs. If this application entails a chango to an existing award, enter the adjustment (-i- or (-11 to the previously approved costs (from column a.) reflected in thls application. Co/umn c, --This is the net of lines 1 through 16 in columns "a." and "b." Line 1. --Enter estimated amounts needed to cover administrative expenses. Do not include costs which aro related to the normal functions of government. Allowable legal costs are generally only those associated with the purchase of land which is allowable for Federal participation and certain services in support of construction of the project. Line 2. --Enter estimated site and right( acquisition costs (this includes purcha and/or easements). Line 3. --Enter estimated casts rcfated o relocation advisory assistance, replacement haus ng, relocation payments to displaced pers• s and businesseb, etc. sly ich ernment's award natory 1 -of -way e, lease, Line 4. --Enter estimated basic engineer ng fees related to construction (this includes st: rt -up services and preparation of project per'.rmance work plan). Line 5.—Enter estimated engineering cots. such as surveys, tests, soil borings, etc. Linc 6. --Enter estimates! engineering In •pectlon costs. Line 7. --Enter estimated costs of site p eparation and restoration which are not included n the basic construction oontroct. Line 9. --Enter estimated cost of the co struction contract. L.ine 1.0 ---Enter estimated cost of office laboratory, safety equipment, etc., to b the facility, if such costs are not includ construction contract. shop, used at d in the Line ll. --Enter Pstimsitud miscollaneoue coats. Line 12. --Total of items 1 through 11. 09/29/2008 13:18 51221 3242 TRANSPORTATION SVC PAGE 02 U.S. Department of the Interior Certifications Regarding Debarment, Suspension and Other Responsibility Matters, Drug -Free Workplace Requirements and Lobbying Persons signing this form should refer to the regulations referenced below for complete instructions: Certification Regarding Debarment, Suspension, and Other Responsibility Matters - Primary Covered Transactions - The prospective primary participant further agrees by submitting this proposal that it will include the clause titled, "Certification Regarding Debarment, Suspension, Ineligibility arid Voluntary exclusion - Lower Tier Covered Transaction," provided by the department or agency entering Into this covered transaction, without modification, In all lower tier covered transactions and In all solicitations for lower tier covered transactions. See below for language to be used or use this form certification and sign. (See Appendix A of Subpart U ot43 L:Fti Part 12.) Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Tra isactlons - (Seo Appondix B of Subpart D of 43 crR Part 12,) Certification Regarding Drug -Free Workplace Requirements - Alternate 1. (Cranteos Other Than individuate) and Alternate IL (Grantees Who are Individuals) - (See Appendix C of Subpart D of 43 CFR Part 12) Signature on this form provides for compliance with certification requirements under 43 CFR Parts 12 and 18. The certifications shall be treated as a material representation of fact upon which reliance will 5e placed when the Department of the Interior determines to award the covered transaction, grant, cooporative agreement or loan. PART A: Certification Regarding Debarment, Suspension, and Other Responsibility Matters - Primary Covered Transactions CHECK IF THIS CERTIFICATION IS FOR A PRIMARY COVERED TRANSACTION AND iS APPLICABLE. (1) The prospective primary perticipent certifies to the best of Its knowledge and belief, that It and Its principals; (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency: (b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under e public transaction; viulatiun of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, ma,cing false statements, or receiving stolen properly; Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal. State or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and Have not within a three-year peiivJ preceding this application/proposal had one or more public transactions (federal, State or local) terminated for cause or default. (c) (d) (2) Where the prospective primary participant Is unable to certify to any of the statements in this certification, arch neeepar tivP participant shall attach an explanation to this proposal. PART B: Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions CHECK /F THIS CERTIFICATION i5 FOR A LOWER TIER COVERED TRANSACTION AND /S APPLICABLE. (1) The prospective lower tier partirlpent certifies, by hmission of this proposal, that neither it nor Its principals is debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participatir transaction by any Federal department or agency, (2) Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such pr participant shall attach an explanation to this proposal. This r„nm v.Y> „hn1.,111c-wlly N,vWu!.0 uy ('riJ u I PUW ,Inc. 11-03- -2'(h UT -2017 June 1993 (This fOrn mplecQF. NAPi D1.1E0, ol.lese erd or 1 prosontly n in this �spective ah �e31 1g5d. 09/29/2008 13:18 5122183242 TPANSPCORTATION SVC PART C: Certification Regarding Drug -Free Workplace Requirements CHECK14F THiS CERTIFICATION IS FOR AN APPLICANT WHO IS NOT AN iNDIVMDUAL. Alternate I. (Grantees Other Than Individuals) A. The grantee certifies that It will or continue to provide a drug-free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, pons=.slon, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will •e taken against employees for violation of such prohibition; (b) Establishing an ongoing drug-free awareness program to Inform ampinyeen ahniit-- (1) The dangers of drug abuse in the workplace; (2) The grantee's policy of maintaining a drug-free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs: and (4) The penalties that may be Imposed upon employees for drug abuse violations occurring in the workplace Making It a requirement that each employee to be engaged in the performance of the grant be given a col y of the statement required by paragraph (a); (d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under t e grant, the employee will -- (1) Abide by the terms of the statement, and (2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurri g in the workplace no later than five calendar days after such conviction: (e) Notifying the agency in writing, within ten calendar days atter receiving notice under subparagraph (d)(2) rom an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to every grant officer on whose grant activity the convicted employee was orking, un loco tho Federal ogcnoy hos designated a central point for the receipt of such notices. Notice shall Inc ude the Identification number(s) of each affected grant; (f) Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (d)I ), with respect to any employee who i3 30 convicted -- PAGE 03 (c) (1) Taking appropriate personnel action against such an employee, up to and including termination, co sistent with the requirements of the Rehabilitation Act of 1973, as amended; or (2) Requiring such employee to paitiOpete satisfactorily Ina drug abuse assistance or rehabilitation 'rogram approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate : gency; (g) Making a good faith effort to continue to maintain 2 drug-free workplace through implementation of oaraoraph (a) (b). (c), (d), (a) and (f). B. The grantee may insert in the space provided below the site(s) for the performance of work done in connection ><ith the specific grant: Place of Performance (Street address, city', county, state, zip code) eft, (..1 _ Check if there are workplaces on files that are not identified here. PART D: Certification Regarding Drug -Free Workplace Requirements CHECK iF THIS CERTIFiCATION IS FOR AN APF'LICAN 1 WHO !SAN INDIVIDUAL, Alternate II. (Grantees Who Are Individuals) (a) The grantee certifies that, as a condition of the grant, he or she will not engage in the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance In conducting any activity with the grant; (b) If convicted of a criminal drug offense resulting from a violation occurring during the conduct of any grant acti ity, he or she will report the conviction: In writing, within 10 calendar days of the conviction, to the grant officer 'r other designee, unless the Federal agency desinnates a central point for the receipt of such notices. when notice i . made to such a central point, It shall Include the identification number(a) of each affected grant. DIQ(JID Juno 1ot7> (This form rop!gcea DI -1963, 01 oI-lose end 0I-1983) 954, 09/29/2008 13:18 5122123242 TRANSPORTATION SVC PART E: Certification Regarding Lobbying Certification for Contracts, Grants, Loans, and Cooperative Agreements CHECKIF CERTIFICATION IS FOR THE AWARD OF ANY OF THE FOLLOWING AND THE AMOUNT EXCEEDS 5100,000: A FEDERAL GRANT OR COOPERATIVE AGREEMENT, SUBCONTRACT, OR SUBGRANT UNDER THE GRANTOR COOPERATIVE AGREEMENT, CHECK IF CERTIFICATION FOR THE AWARD OFA FEDERAL LOAN EXCEEDING THE AMOUNT OF 5150,000, OR A SUBGRANT OR SUBCONTRACT EXCEEDING 5100,000, UNDER THE LOAN, The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated tunds have been paid or will be paid, by or on behalf of the undersigned, to any per -.n for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, and officer or em•bye e of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the eking of any Federal grant. the making of any Federal loan, the entering into of any wuprwietive dyreeurerit, anal the ext:nslon, continuation. renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any parson for influoncing or atte pting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreeme t, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance ith its (3) The undersigned shall require that the language of this certification be included in the award documents for all subawrds at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and at all oubreoipients aholl certify accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or e tered into. Submission of this certification Is a prerequisite for making or entering into this transaction imposed by Sentinn 13^r title 31, U.S. Code. Any person who falls to file the required certification shall be subject to a civil penalty of not less than $ 0,000 and not more than $100,000 for each such failure. PAGE 04 As the authorized certifying official, I hereby certify that the above specified certifications are true. SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL Neth 4vv NieYor TYPED NAME AND TITLE vO DATE a. n10 Jun< 1adJ (►rile form replace! D1.1013, DI. 1 6a, DI -1955. DI -1958 and DI.19691