NC0074268_correspondence_19881101

_
Lau of O5xstrntii
P.O. BOX 1748
Oiastnnia. ?artki TaraUna 281153-174B
JEPARTMENTOF
PUBLIC WORKS and UTILITIES
November 1, 1988
Mr. Greer C. Tidwell
Regional Administrator
U.S. Environmental Protection Agency
Region IV
345 Courtland Street
Atlanta, Georgia 30308
RE: C370744-01-0, Gastonia, North Carolina
Dear Mr. Tidwell:
The City of Gastonia is pleased to accept the Federal Grant in the amount of
$10,866,526 for the construction of the Crowder's Creek Wastewater Treatment
facilities.
Enclosed are the following:
1. The original and two (2) copies of an executed Grant
Agreement, and
2. The original and two (2) copies of a resolution authorizing
our acceptance of the offer.
We appreciate you and your staff's support throughout the application process.
Sincerely,
Samuel L. Wilkins, P.E.
Director of Public Works & Utilities
Enclosure
fft/SL WCOR 193
pc: Coy Batten, NCDEM
Don Garbirck, J.N. Pease

RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF GASTONIA, NORTH CAROLINA
WHEREAS, Title II of the Federal Water Pollution Control Act Amendments of
1972 (P.L. 92-500, U.S.C. Section 1251 et seq.) authorizes the
award of federal grants to aid cities in the construction of
wastewater treatment facilities; and
WHEREAS, the City has applied for such a grant to aid in the construction
of the Crowders Creek Wastewater Treatment Project, Assistance ID
No. C370744-01-0; and
WHEREAS, the City has been offered a federal grant in the amount of
$10,866,526.00 which it wishes to accept.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of
Gastonia, North Carolina:
1. That the City of Gastonia accepts the offer of a federal grant in the
amount of $10,866,526.00 for the construction of the Crowders Creek
Wastewater Treatment Project, Assistance ID No. C370744-01-1.
2. That Samuel L. Wilkins, Director of Public Works/Utilities, or
successors so titled, is hereby authorized to accept the grant on behalf of
the City of Gastonia and to execute any documents as may be required in
connection with the grant offer or grant award.
Adopted this the 1st day of November, 1988.
ATTEST:
A;) /f,"
ary IC Barnhill
Deputy City Clerk
RES120
es B. Garand, Mayor

1. ASSISTANCE ID NO.
U.S. ENVIRONMENTAL PROTECTION AGENCY
EPA ASSISTANCE AGREEMENT/AMENDMENT
PART I - ASSISTANCE NOTIFICATION INFORMATION
5. AGREEMENT TYPE
Cooperative Agreement
Grant Agreement
Assistance Amenoment
z
O
z
C370 744-01-0
2. LOG NUMBER Li
3. DATE OF AWARD 4. MAILING DATE
SEP 3 0 1988 O C T 0 7 1988
6. PAYMENT METHOD
❑ Advance 71 Reimbursement ❑ Letter of Credit
Send Payment Request To: EPA Reg. TV
Financial Manaaernent Branch
7. TYPE OF ACTION
Offer
8. RECIPIENT
City of Gastonia
P. 0. Box 1748
1300 N. Broad Street
Gastonia, NC 28053
EIN NO.
0
z
W
0
W
CC
U
z
'0
Q
to
Samuel L. Wilkins
Director of Public Works
704/866-6820
N/A
FY: 7/1 - 6L30
CONGRESSIONAL DITTRICT
loth
9. PAYEE
Same as No. 8
10. RECIPIENT TYPE
Municipality
11. PROJECT MANAGER AND TELEPHONE NO.
12. CONSULTANT (WWT Construction Grants Only)
J. N. Pease Associates
P. 0. Box 12725
Charlotte, NC 28205
13. ISSUING OFFICE (City/State)
Environmental Protection Agency
Water Management Division, Region IV
345 Courtland Street, NE
Atlanta, Georgia 30365
15. EPA CONGRESSIONAL LIAISON & TEL. NO.
D�+Sack�r,c 2f 2 /R2-1 84
s -
19. STATUTORY AUTHORITY
PL 92-500 As amended
Section 201
14. EPA PROJECT/STATE OFFICER AND TELEPHONE NO.
Coy M. Batten, Acting Chief [phone]
Divis ion of Environmental Management -
Construction Grants Section
N. C. Dept. of Natural Resources & Community
Dev., P. 0. Box 27687, Raleigh, NC 27611
16. STATE APPL ID (Clearinghouse)
89-0032
20. REGULATORY AUTHORITY
40 Cr'R 35
Subpart I
17. FIELD OF SCIENCE
N/A
18. PROJECT STEP(WWT CG
Only)
3
21. STEP 2 + 3 & STEP 3 (WWT Construction Only)
a. Treatment Level
6
8
b. Project Type
1
c. Treatment Process
2
d. Sludge Design
, 6
22. PROJECT TITLE AND DESCRIPTION
(SEE ATTACHMENT)
23. PROJECT LO CATION (Areas Impacted by Project)
City/Place
Gastonia
County
Gaston/Cleveland
State
N. C.
24. ASSISTANCE PROGRAM(CFDA Program No. & Title)
66,418 Cont. Grants WWT Works
28. TOTAL BUDGET PERIOD COST
N/A
27. COMMUNITY POPULATION (WWT CC
Only)
FUNDS
FORMER AWARD
30. EPA Amount This Action
31. EPA In -Kind Amount
25. PROJECT PERIOD
SEP 3 0 1988- 3/1/92
THIS ACTION
10,866,526
Congressional District
10th
26. BUDGET PERIOD
SEP 3 0 1988
- 3/1/92
29. TOTAL PROJECT PERIOD COST
19,757,320
AMENDED TOTAL
32. Unexpended Prior Year Balance
33 '.>tr,er Federal Funds
34. Recipient Contribution
35. State Contribution
8,890,794
36. Local Contribution
37. Other Contribution
38. Allowable Project Cost.
Program Element
GTAW80
19,757,320
FY
88
Appropriation
68X0103.L
Doc. Control No.
N40002
Account Number
8GTA046006
Object Class
41.11
Obligation/Deoblig. Amount
10,866,526
EPA Form 5700-20A (Rev. 5-82) Replaces previous editions and EPA Forms 5700-1A, B, C, and D, all of which are obsolete.

PART II -APPROVED BUDGET
ASSISTANCE IDENTIFICATION NO. r37) 744-01-0
•
TABLE A - OBJECT CLASS CATEGORY
(Non -construction)
TOTAL APPROVED ALLOWABLE
BUDGET PERIOD COST
1. PERSONNEL
2. FRINGE BENEFITS
3. TRAVEL
4, EQUIPMENT
S. SUPPLIES
6. CONTRACTUAL
7. CONSTRUCTION /
,
_:rJ
B. OTHER
9. TOTAL DIRECT CHARGES
10. INDIRECT COSTS: RATE X BASE
11., TOTAL (Share: Recipient; 7. Federal 7.)
1z. TOTAL APPROVED ASSISTANCE AMOUNT .
S
TABLE B - PROGRAM ELEMENT CLASSIFICATION
. (Non -construction)
t.
2.
3.
4.
r
5.
6.
7.
8.
'' LT
9. .�ri
10.
11. --
12. TOTAL (Share: Recipient 7. Federal 7.)
13. TOTAL APPROVED ASSISTANCE AMOUNT
S
TABLE C - PROGRAM ELEMENT CLASSIFICATION
(Constructic,n)
Total
RCCR = .7078
1. ADMINISTRATION EXPENSE
13,857
9,809
2. PRELIMINARY EXPENSE
3. LAND STRUCTURES, RIGHT-OF-WAY
4, ARCHITECTURAL ENGINEERING BASIC FEES / Allowance
1,108,488
784 ,676
5. OTHER ARCHITECTURAL ENGINEERING -FEES
6. PROJECT INSPECTION FEES
2,518,152
1,782,549
7. LAND DEVELOPMENT •
8. RELOCATION EXPENSES
9. RELOCATION PAYMENTS TO INDIVIDUALS AND BUSINESSES
10. DEMOLITION AND REMOVAL
11. CONSTRUCTION AND PROJECT IMPROVEMENT
22,063,639
15,618,445
12. EQUIPMENT
13. MISCELLANEOUS
14. TOTAL (Lines 1 thru 13)
25,704,136
18,195,479
15. ESTIMATED INCOME (1f applicable)
16. NET PROJECT AMOUNT (Line 14 minus 15)
25,704,136
18 ,195,479
17. LESS: INELIGIBLE EXCLUSIONS
18. ADD: CONTINGENCIES
2,206,364
1,561,841
45 55
19 TOTAL (Share: Recipient 7. Federal o)
27,910,500
19,757,320
eta � 9,ti
2o.TOTAL APPROVED ASSISTANCE AMOUNT
S
10,866,526
EPA Form 5700-20A ( Rev. 5-8 2 )

g•
PART III —AWARD CONDITIONS
GENERAL CONDITIONS
C370744-01-0
The recipient covenants and agrees that it will expeditiously initiate and timely complete the project work for
which assistance has been awarded under this agreement, in accordance with all applicable provisions of 40 CFR
Chapter I, Subpar B. Therecipient warrants, represents, and agrees that it, and its contractors, subcontractors,
employees and representatives, will comply with: (1) all applicable provisions of 40 CFR Chapter I, Subchapter 3,
INCLUDING BUT NOT LIMITED TO the provisions of Appendix A to 40 CFP Part 30, and :2) any special
conditions set forth in this assistance agreement or any assistance amendment pursuant to 40 CFR 30.425.
b. SPECIAL CONDITIONS:
(For cooperative agreements include identification or summarization of EPA responsibilities that reflect or
contribute to substantial involvement.)
1. The grantee is cautioned that all standard conditions must be satisfied as
applicable. Payments, approvals and potential subsequent grant award
actions will be withheld pending compliance with all special and standard
conditions.
2. The grantee must begin submitting status reports on a periodic (not to
exceed 90 days) basis, as a minimum (special reports should be submitted
as appropriate) . The reports for all of your grants may be combined in
a single letter format, provided the comments relating to each grant are
identified and listed separately. The type of information to be included
is as follows:
a. Compliance with grant conditions (each active grant)
b. Outstanding correspondence
c. Outstanding change orders
d. Actions (to be) taken as a result of inspection reports
e. Status of planning, design or construction projects, including
major milestones, significant problems, and schedule slippages
f. Tentative actions, action dates, action offices, e.g.,
submittals, projected funding dates, inspection requests, etc.
Revised project/budget periods
h. Revised payments schedules
i. Final construction estimates
J•
PFIL (Prerequisite to Final Inspection)
k. Projected date of next report
Failure to submit these reports may jeopardize your future grants payments.
(Special Grant Conditions Continued — See Attachment)
EPA Form 5700-20A (Rev. -5-82)
PAGE 3 OF 4

a r.. SPEC. CJND'TIONS /Conrmuea)
PAYMENT SCHEDULE:
Fiscal Year 1992:
3,000
3,000
Fiscal Year 1989:
First Quarter $ 200,000
Second Quarter 200,000
Third Quarter 1,500,000
Fourth Quarter 1,500,000
Fiscal Year 1990:
First Quarter
Second Quarter
110866526
First Quarter 1,200,000
Second Quarter 1,200,000
Third Quarter 1,300,000
Fourth Quarter 1,300,000
Fiscal Year 1991:
First Quarter 1,200,000
Second Quarter 1,254,526
Third Quarter 3,000
Fourth Quarter 3,000
PART IV
NOTE: The Agreement must be completed in duplicate and the Original returned to the Grants Administration
Division for Headquarters awards and to the appropriate Grants Administrations Office for State and local
awards within 3 calendar weeks after receipt or within any extension of time as may be granted by EPA.
Receipt of a written refusal or failure to return the properly executed document within the prescribed time, may
result in the withdrawal of the offer by the Agency. Any change to the Agreement by the recipient subsequent
to the document being signed by the EPA Award Official which the Award Official determines to materially
alter the Agreement shall void the Agreement. •
OFFER AND ACCEPTANCE
The United States of America, actin by and through the U.S. Environmental Protection Agency (EPA), hereby offers
assurance/amendment to the City of Gastonia
akor S5 % of all approved costs incurred
up to and not exceeding
effort described in
August 24, 1988
A E c i P I t N r U R G A N I Z A T..N
S 10,866,526 '
for the support of approved budget period
for Construction Grants Dated
application (including all application
included
modrfic3tions)
herein by reference.
7,dT'� ♦n+_ 7 7L�
ISSUING OFFICE !Grants Administration Office)
AWARD APPROVAL OFFICE
ORGANIZATION/ADDRESS
Regional Admi_ni s trato r
Environmental Protection Agency, Region TV
345 Courtland Street, N. E.
Atlanta, GA 30365
ORGANIZATION/ ADDRESS
Environmental Protection Agency
Water Management Division, Region IV
345 Courtland Street, N. E.
Atlanta, GA 30365
THE UNITED STATES OF AMERICA BY THE U.S. ENVIRONMENTAL PROTECTION AGENCY
SIGNATURE OF AWARD OFFICIAL
5-."-- �►_1_�4 �.
TYPED NAME AND TITLE
Greer C. Tidwell, Regional Administrator
. EP 3 0 1Q L
,
This Agreement is subject to applicable U.S. Environmental Protection Agency statutory provisions and assistance
regulations. In accepting t. is award or amendment and any payments made pursuant thereto, (1) the undersigned
represents that he is duly authorized to act on behalf of the recipient organization, and (2, the recipient agrees
'(a) that the award is subject to the applicable provisions of 40 CFR Chapter I, Subchapter B and of the provisions
of this agreement (Parts I thru IV), and (b) that acceptance of any payments constitutes an agreement by the payee
that the amounts, if any found by EPA to have been overpaid will be refunded or credited in full to EPA.
BY AND ON BEHALF OF THE DESIGNATED RECIPIENT ORGANIZATION
SIGN TURF
TYPED NAME AND TITLE
Samuel L. Wilkins, Dir. of Public Works
DATE
L/—/—fo
EPA F 5700_2oA (Rev. 5-82)
A

SPECIAL GRANT CONDITIONS CONT.
C370744-01-0
City of Gastonia, NC
3. The recipient agrees to submit to the award official a completed EPA
Form 6005-1 within thirty (30) days of the date the recipient begins
building the project (see 40 CFR 35.2202). This 6005-1 will contain
the information on subagreement awards to minority and women's busi-
nesses used during the design phase of the project.
The recipient further agrees to submit to the award official a complet-
ed Form 6005-1 within fifteen (15) days of the end of each Federal fis-
cal quarter during which the recipient or its contractors award any sub -
agreements for building and building -related services and supplies.
4. Project Schedule:
a. Receive bids on or before 03-01-89
b. Begin construction on or before 05-01-89
c. Complete construction on or before 03-01-91
d. Complete start-up services on or before 03-01-92
Failure to adhere to the above schedule may result in grant withdrawal
or a portion of the construction costs being determined ineligible for
Federal grant participation if deemed to be a result of inflation due
to unnecessary project delays.
5. No portion of this award may be used for lobbying or propaganda pur-
poses as prohibited by 18 U.S.C. Section 606(a) of Public Law 96-7.
6. No payment for engineering services for the construction phase of the
project may be paid until the A/E agreement is submitted, nor more than
30% of the contract amount paid until the A/E agreement is approved.
7. In accordance with 40 CFR 33.290, the recipient agrees without prior
State/EPA review of the procurement action to conduct and document an
adequate cost analysis and negotiation for all change orders in excess
of $10,000 and not exceeding $100,000. Such documentation must be sub-
mitted with the executed change order for review and approval. For
change orders expected to exceed $100,000, the recipient agrees to sub-
mit all supporting documentation including contractor's cost and pric-
ing data, the recipient's cost and analysis documentation of negotia-
tions and a copy of the proposed change order (contract amendment) to
the State/EPA for review prior to change order execution. This condi-
tion does not relieve the recipient from obtaining State/EPA approval
for all change orders.
8. No grant payment will be made on the construction portion of the pro-
ject until all required (unqualified) site certificates are submitted.
9. In accordance with 40 CFR 35.2218, the grantee will notify the NCDEM in
writing of the actual date of initiation of operation of the treatment
facilities.

SPECIAL GRANT CONDITIONS CONT.
C370744-01-0
City of Gastonia, NC
The grantee agrees to construct the collection system necessary to
accommodate the flow from unsewered areas which are included in the
existing needs calculated for this project and to initiate the con-
struction no later than the date of initiation of operation.
11. The grantee agrees, pursuant to 40 CFR 35.2123(d)(6), to protect the
federal government from any claim of the costs of construction neces-
sary to provide capacity in excess of the existing needs described in
and funded by this grant.
12. The recipient agrees that it will comply with the provisions of OMB
Circular A-128 governing the audit of State and local government and
Indian tribe federal assistance recipients for fiscal years that begin
after December 31, 1984. (This requirement replaces 40 CFR 30.540(b)
which is based on OMB Circular A-102, Attachment P.)
13. Based on CAPDET, the cost of upgrading the wastewater treatment fa-
cility eligible for 55 percent grant participation will be determined
at 70.8 percent of the total eligible project cost. This percentage is
based on current capacity and does not include any ineligible items.
Seventy and eight tenths (70.8) percent of the cost of the outfall
portion will be eligible for 55 percent grant participation.
14. The grantee and the Environmental Protection Agency agree, pursuant to
Section 203(a)(2) of the Clean Water Act, that only those items speci-
fied in the project description (scope) portion of the grant agreement
and the State's approval letter dated September 15, 1988 are eligible
for Federal participation in accordance with 40 CFR 35.2250
(determination of allowable costs). It is clearly understood that this
agreement addresses eligibility only. Except for the funds that are
obligated in the grant, there is no actual or implied commitment on the
part of EPA to fund any cost increases, bid overruns or claims
associated with the project.
15. The recipient agrees that no subagreement (contract or subcontract) for
construction, alteration, or repair of a public building or public work
will be awarded to 1) a Japanese citizen or national; 2) a firm
controlled directly or indirectly by Japanese citizens or nationals; or
3) a supplier of any product if more than 50% of the total cost of the
product is allocable to production or manufacture in Japan.
The recipient further agrees that no subagreement for architect,
engineering, or other services directly related to the preparation for
or performance of such construction, alteration, or repair will be
awarded to a Japanese citizen or national or a firm controlled directly
or indirectly by Japanese citizens or nationals.

r
SPECIAL GRANT CONDITIONS CONT.
C370744-01-0
City of Gastonia, NC
All public notices requesting proposals or bids must state that bids or
proposals from such firms or suppliers shall be deemed nonreponsive
and rejected.
The recipient may request EPA to waive this condition where the
recipient believes such a waiver to be in the public interest.
16. Project performance standards for the purposes of performance
certification shall be as follows:
a.
Summer Winter
BOD5 13 mg/1 13 mg/1
NH3 as N 2 mg/1 10 mg/1
TSS 30 mg/1 30 mg/1
Fecal Coliform ml ml
pH (range)
DO 6 mg/1 6 mg/1
Flow 6 mgd 6 mgd
Phosphorus 2 mg/1 2 mg/1
b. The plans and specifications approved by the NCDEM.
17. Coordination with the U.S. Fish and Wildlife Service must be made to
incorporate measures for avoiding and minimizing impacts to wetland
habitats in the project area into the project plan. To the extent
possible, wetland and stream crossings should be avoided. In those
areas where wetland and stream crossings cannot be avoided, measures
must be taken to minimize adverse environmental impacts. Mitigative
measures must also be undertaken for outfall, force main, and/or
interceptor line rights -of -way maintenance.
18. As a result of the Advanced Treatment review the following have not
been justified and are ineligible for EPA funding:
a. Stabilization pond and aeration
b. Two of the proposed six aeration tanks
c. Final Clarifiers: reduction in eligibility from 125 ft diameter
to 100 ft.
d. Associated site work, excavation, electrical, yard piping,
controls and instrumentation, engineering and contingencies.
The final grant amount will be adjusted by the state after bids are
received.