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HomeMy WebLinkAbout5C Grant for Assessing Iron Enhanced Filtration TrenchesPRI�� lj� U " �� 1r vESO� 4646 Dakota Street SE Prior Lake. MN 55372 CITY COUNCIL AGENDA REPORT MEETING DATE: JANUARY 3, 2012 AGENDA #: 5C PREPARED BY: Ross Bintner, Water Resources Engineer PRESENTED BY: Ross Bintner, Water Resources Engineer AGENDA ITEM: CONSIDER A RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAG- ER TO SIGN GRANT AGREEMENT FOR SECTION 319(h) RESEARCH AND DEMONSTRATION FUNDING FOR ASSESSING IRON ENCHANCED FILTRA- TION TRENCHES. DISCUSSION: Introduction The purpose of this agenda item is to consider a resolution authorize the Mayor and City Manager to enter into a grant agreement with the Minnesota Pollution Control Agency (MPCA) as part of the Federal 319(h) grant program. History In late 2009 the the City of Prior Lake received grant funding from the Prior Lake Spring Lake Watershed District (PLSLWD) and Scott Watershed Management Organization (SWMO) to build an innovative new stormwater treatment device, the Iron Enhanced Sand Filter (IESF) and partner with the University of Minnesota (UMN) to assess its stormwater pollutant removal efficiency and cost effective- ness. The prototype filters were built in early Spring of 2010 and tested in the Summer of 2010 and the UMN published "Performance Assessment of an Iron - Enhanced Sand Filtration Trench for Capturing Dissolved Phosphorus" in Novem- ber of 2010. The City of Prior Lake applied for a federal 319(h) Development, Education or Re- search (DER) Grant and was notified on July 7, 2010 the Minnesota Pollution Control Agency (MPCA) notified the City that the grant proposal was one of six chosen for funding of 35 eligible DER proposals. On July 27, 2010 Staff brought a report to City Council detailing the grant process and potential risks and asking for authorization to develop a work plan in partner- ship with the UMN. In October 2010 the City accepted plans for construction of additional iron sand filtration systems and authorized bidding as part of City Project 11 -012, Water Quality System Maintenance and Retrofit (CP11 -012). In November 2010 and January 2011 the City accepted bids and awarded a contract and change order to increase the scope of work for CP 11 -012. CP11 -012 was constructed and completed in 2011 in accordance with the approved plans and specifications. In 2011 the work plan for the grant project was revised multiple times in coordination with the UMN and MPCA with delays due to recent acrimony in State and Federal government budget processes. Current Circumstances As described in the July 2010 Report, securing federal grant funding can be an extended process that involves some risks and burdens. While the MPCA admi- nisters the grant, the funding comes from the Federal Environmental Protection Agency (EPA) and funding must be approved by Congress before commitments can be made, and can be terminated at their discretion. Attached are two letters from the MPCA describing a reduction in the initial grant amount from $311,000 to $240,000 (June 25, 2011) and risks to funding (December 14, 2011). As a result of the funding reduction, changes were made to the work plan to re- duce the scope of the study to cut cost. The work plan is attachment A of the grant agreement and spell out the work the City will be required to compete and the compensation paid. Benefits related to leading this grant study include: the grant funding, building on in -house expertise retrofitting and analyzing state of the art stormwater pollutant removal systems, continuing and accelerating the trend of managing City infra- structure with increasing focus on cost effectiveness, strengthening existing part- nerships with University of Minnesota, focusing statewide expertise on the study of the Prior Lake Water Quality Utility. Conclusion This research and demonstration study cements the City's reputation as a leader in urban water resources management by developing, building and studying inno- vative practices that maximize clean water outcomes and minimize costs. While leading the 319 grant study will require staff resources it is well worth the effort since most is reimbursed by the grant. ISSUES: Unlike the Street Sweeping 319(h) grant the City is the lead agency on this grant and will incur some expense in managing finances and contracts. These ex- penses are expected to be minor. The staff position tasked with the bulk of the water quality monitoring work is cur- rently vacant. Temporary help is available from the Scott SWCD, but at an in- creased hourly rate. There is risk that the project is canceled due to a decision on the Federal budget. While this would be unfortunate, all complete work would still be reimbursed, but the project would end without achieving its goals. FINANCIAL The total project cost of the DER research study is $505,878 including match IMPACT: funding of $265,878 and a grant award total of $240,000. The following is a breakdown of approximate grant match and award amounts. A detailed project budget and timeline is in Attachment "A" of the Agreement. * The City may choose to contract with either watershed or the SWCD for assis- tance with monitoring. City of Prior Lake University SWMO /PLSLWD Grant Funds $77,000 $163,000 Grant Match $198,000 $21,500 $43,000 * The City may choose to contract with either watershed or the SWCD for assis- tance with monitoring. Work already competed as part of CP11 -012 makes up nearly all of in -kind match required by the 319h grant. Match valued at $2,473 through approximately 57 hours of staff effort in the final year of the agreement is the only non -grant funded future commitment required by the City. Additional match funds have been pro- vided by equipment donation and funding by the Scott Watershed Management Organization and funding by the Prior Lake Spring Lake Watershed District. In- kind time matching funds will also be provided by the University of Minnesota. Grant funds pay for staff time to facilitate and participate in the project, study and report, and to staff the water monitoring effort. A contract with the University of Minnesota Saint Anthony Falls Lab. Funds also pay for equipment used in moni- toring, mileage to transport samples to the university lab, office supply, software and printing. Revenue and Expenses related to the grant project will be included in the budget for the water quality utility, account 602 - 49420. ALTERNATIVES: 1. Authorize Mayor and City Manager to sign the Section 319 Grant Agreement 2. Defer Action and provide staff with direction 3. Deny the request RECOMMENDED Alternative 1 MOTION: U try ? IMveso" r. 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 12 -xxx A RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO SIGN GRANT AGREEMENT FOR SECTION 319(h) RESEARCH AND DEMONSTRATION FUNDING FOR ASSESSING IRON ENCHANCED FILTRATION TRENCHES Motion By: Second By: WHEREAS, The City of Prior Lake, in partnership with the Scott Watershed Management Myser Organization, the Prior Lake Spring Lake Watershed District and University of Minnesota Erickson Saint Anthony Falls Lab (UMN) have developed an innovative iron enhanced sand Erickson filtration stormwater treatment device, named the "Minnesota Filter", and; WHEREAS, The City of Prior Lake and UMN applied for and was awarded a Federal 319(h) Hedber Development, Education and Research grant that is administered by the Minnesota — Hedberg Keeney Pollution Control Agency (MPCA) and will be used to study the Minnesota Filter, and; WHEREAS, The City of Prior Lake and UMN have drafted a work plan for the study of the Minnesota Millar Filter titled "Assessing Iron Enhanced Filtration Trenches, and; WHEREAS, The City of Prior Lake has constructed nine Iron Enhanced Filtration Trenches as part of City Project 11 -012, the 2011 Water Quality Maintenance and Retrofit project, which will be the focus of the study, and; WHEREAS, MPCA had drafted an agreement for the grant funded study of the Minnesota Filters with the project titled Assessing Iron Enhanced Filtration Trenches. NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA as follows: 1. The recitals set forth above are incorporated herein. 2. The City Manager is hereby authorized to enter into the section 319 grant agreement titled "Assessing Iron Enhanced Sand Filtration Trenches" and a subcontract for service from the University of Minnesota Saint Anthony Falls Lab. 3. Revenue and expense will be tracked in the 602 -49420 water quality utility account. PASSED AND ADOPTED THIS 3rd DAY OF January 2012. YES NO M ser Myser Erickson Erickson Hedber — Hedberg Keeney Keene Millar Millar Frank Boyles, City Manager fVlinnesota Pollution Control Agency 520 Lafayette Road North I St. Paul, Minnesota 551554194 1 651 - 2966300 800 - 657 -3W 1 651- 282 -5332 TTY I WWW.pcastate.mn.vs i Equal opportunity Employer June 25, 2011 Mr. Ross Bintner City of Prior lake 4646 Dakota Street Northeast Prior Lake, Minnesota 55372 Dear Mr. Bintner: �ECEI E JUN 2 9 2011 The Minnesota Pollution Control Agency (MPCA) recently received notice from the USEPA Region V that due to Congressional budget reductions, the MPCA would receive 25% less Section 319 funding for Federal Fiscal Year 2011 (FFY1). As a result of this unanticipated reduction, the MPCA is forced to reduce approximately $800,000 in current year FFY11 Section 319 grant funding. The MPCA is making the grant reduction adjustment by not funding projects at the bottom of the scored ranking list and reducing yours to meet our lower funding level. We are not able to fully fund your "Assessing Iron Enhanced Filtration Trenches" project for $311,000, but we can offer you $240,000. You will need to revise your work plan and budget to identify which objectives and tasks you can accomplish at the lower funding level. Please notify us if you are willing to accept the reduction. We acknowledge you spent a lot of time preparing your proposal, finalizing your work plan, and were counting on receiving the award as previously announced. However, this was the only fair way to make the reduction in a timely manner and honor the competitive Request for Proposal scoring process. Should additional funding become available for FFY11, we will contact you and award funds as available. If you have concerns or questions, please call or email me at 651 - 757 -2819 or dous.wetzstein @state.mn.us Thanks for the work you do to improve the water quality in Minnesota. �ere ly, Doug Wetzs ein Watershed Section Manager Minnesota Pollution Control Agency DW /SJ:kb Minnesota Pollution Control Agency 520 Lafayette Road North I St.Paul,Minnesota SSISS•4194 16SI.2966300 &!1O G51 3fi�r1 i 6;1.282 533? f iY I 'ere V.pc� %t — mn m ( L(IIIA OPFIfhmity Employer OEC 2 0 2011 December 14, 2011 y - -- -�` Dear Grantee: With this letter, I would like to inform you of recent discussions in Congress that may impact your unspent Federal Clean Water Act Section 319 (Section 319) grant dollars. We have no definite information, but want to make sure you are aware of the potential loss of grant dollars. According to the attached article from the Association of Clean Water Administrators, the Environmental Protection Agency (EPA) is urging states to quickly spend their federal grant funds as the U.S. Congress may reduce or rescind unliquidated funds. This includes Section 319 grant funds that have been awarded, but not yet spent. Unspent grant balances may be targeted by the U.S. Congress to partially offset the need for new funding. Please note your grant agreement, under Part Il. Consideration of Terms of Payment, B.3., that indicates the State may terminate grant agreements if it does not obtain federal funds from the EPA or if funding cannot be continued at a level sufficient to allow for the payment of work covered by the grantee. We are hopeful that Minnesota's Section 319 grant funds will not be reduced or rescinded and will keep you informed of any further information we receive regarding this concern. We do, however, urge you to continue to spend your Section 319 grant dollars as quickly as possible according to the terms and conditions of your grant agreement and be timely in submitting your payment requests. If you have outstanding payment requests, please submit them to the MPCA's Accounts Payable email (mgca an @state.mn.us as soon as possible. Thank you for your continued support in protecting the environment. If you have any questions regarding the above information, please feel free to contact Juline Holleran 651 - 757 -2442 or Sara Johnson 651 - 757 -2473 of my staff. Sincerely, PAW. �- Paul W. Aasen Commissioner attachment cc: The Honorable Dennis McNamara, Minnesota House of Representatives The Honorable Bill Ingebrigtsen, Minnesota Senate Section 319 Grantees Page 2 December 14, 2011 Attachment 1: Daily News -- Inside EPA Facing Hill Pressure, EPA Poised To Urge States To Speed Water Spending Posted: November % 2011 EPA is poised to urge state governors to spend water infrastructure, nonpoint cleanup and other funds as expeditiously as possible, sources say, amidst concerns that congressional Republicans are aiming to reduce or rescind states' unliquidated obligations in upcoming budget measures. But state sources say it is often difficult to spend the money quickly given the structure of EPA's programs and the nature of infrastructure projects they support, adding that Congress' fractured budgeting process exacerbates the issue. According to several state sources, EPA Administrator Lisa Jackson is slated to send a letter to governors in the coming days asking for their help in spending unliquidated funds -- money that has been dedicated but has not yet been spent -- for the state revolving loan fund (SRF) programs, nonpoint source grants under section 319 of the Clean Water Act and other such funding sources. An EPA spokesman could not be reached for comment. The letter comes after the House Energy & Commerce Committee's oversight panel Oct. 12 pressed EPA Chief Financial Officer Barbara Bennett for why millions of dollars remain unspent in agency coffers. During the hearing, GOP lawmakers suggested that the agency may have as much as $13.3 billion in appropriated dollars that remain unspent, although sources say it is unclear what this total dollar amount includes. In his opening statement, subcommittee Chairman Cliff Stearns (R -FL) said that the amount of unspent money and related pieces of information "could be useful to Congress because the availability of recertified amounts could partially offset the need for new funding." In an Oct. 24 letter Stearns, full committee Chairman Fred Upton (R -MI) and others seek "a better understanding of the role unliquidated obligations appropriated in prior years may play in identifying opportunities to reduce new appropriations." In the letter, the lawmakers seek a "complete list of EPA programs and other expenditures" with information on the status of the funding for those programs, all efforts since fiscal year 2009 to "deobligate" unliquidated obligations and other related information. In response to questions about the funds. Bennett said at the hearing that most of the funds go to assist states and tribes, with many of the infrastructure projects the funding supports taking place over several years. Bennett also noted her commitment to addressing unliquidated obligations, saying that "I know I've put a real renewed focus on looking at unliquidated obligations. We instituted a new tool and provided new guidance to the agency so that every unliquidated obligation was reviewed on at least an annual basis, and they have to send assurances to me that they have done so. And by virtue of that tool, we've been able to reduce the unliquidated obligations by over 50 percent in one year alone." "So we recognize that this is an issue. We recognize that this is an important budget item. And it's important for me as CFO to make sure that funds are not only used properly but they're expended in the most efficient and effective way," Bennett said. Section 319 Grantees Page 3 December 14, 2011 'Major Projects' While state sources say that there are improvements that can be made in their efforts to spend grant and loan dollars, they argue that the nature of the SRF program and others and the targets of the funding mean that dollars are often spent over several years. One state source says that funds for a sewage treatment plant or other infrastructure project are spent over the life of the project, which can take several years to plan and build, and are not drawn down from EPA by the state until the city or municipality funding the project asks the state to do so. The funds are "being spent as fast as people are able to build the plants," the source says, arguing that these are often "major public works projects" and that state and federal governments have systems put in place that slow down the spending of funds because they seek to ensure that they are spent wisely and maximize usefulness of the funds. The source also questions the metrics for evaluating the unliquidated obligations, saying that if a state has only five percent of the money available out of potentially millions provided to the state under the SRF program, "that's pretty damn good." A second state source says that funds are spent as they are needed for a project and at the appropriate times, and while it may appear that those dollars remain unused, those funds will be spent as a project moves through its stages, the source says. Sources also say that states have faced significant challenges recently given that Congress has shifted from doing budget appropriations bills to passing continuing resolutions (CRs) and other such short-term funding measures. The first state source says, "the fastest thing Congress can do to get money spent is to issue its budget before the end of the fiscal year and not do CRs," adding "That'll speed it up by a year if they did that." The second source concurs, saying that states were not aware of their awards until very late this year, which impacted their planning. But the source expresses concern that those fixes do not change the mechanics of the SRF program, saying "it's never going to be the situation where the money can quickly be dumped out the door, because that's not how the program works." Coupled with Congress' recent focus on deficit reduction and budget cutting and the fact that SRF funding is a significant chunk of EPA's budget, the source worries that lawmakers will see the funds unspent and target them for reductions. "The danger is them saying 'I guess they don't need it," the second source says, noting that it is important that the money be spent effectively and quickly but also that Congress understands how the money flows . out of the program. The source adds that states can make some improvements, but "it's not like we're sitting on a bunch of money and not doing anything with it. It's the nature of how this program works." Bureaucratic Impediments A third source says that the unliquidated funds could raise the question of whether the money is actually needed, but the source argues that the money is very much needed but faces bureaucratic impediments to being spent. The source notes, however, that this could give critics of the SRF and other programs the opportunity to advocate for reducing the next cycle of funding by the unspent amount under the guise of the money not be needed. The first state source also says that it is yet unclear what the nature of Congress and EPA's concern with the program is yet, saying that it is currently unclear which dollars lawmakers and EPA are concerned with in particular. The source also notes that some of the unspent funds are the result of earmarks where a city or municipality was unable to spend the money for whatever reason and cannot move forward, leaving the dollars in limbo. Section 319 Grantees Page 4 December 14, 2011 More broadly, the second source says that one improvement to the program can be to notify states faster of the availability of money, noting the length of time between when an appropriations bills is signed into law and when EPA says the money is available, and for states to do more accelerated planning to be ready when those funds are made available. -- Bobby McMahon (bmcmahonoiwonews.com This e-mail address is being protected from spambots. You need JavaScript enabled to view it) Alexandra Dapolito Dunn, Esq. Executive Director & General Counsel Association of Clean Water Administrators --'The Voice of States & Interstates" 1221 Connecticut Ave., NW, 2d Floor Washington, DC 20036 202 - 756 -0600 (T); 202 - 230 -4247 (C); 202 - 756 -0605 (F) adunn @acwa- us.ors: www.acwa- us.org Please Take Note of New E -Mail and Web Addressl Grant Agreement No. 0000000000000000000038942 STATE OF MINNESOTA GRANT AGREEMENT SECTION 319 -11 NONPOINT SOURCE MANAGEMENT SUMMARY PROJECT TITLE: Assessing Iron Enhanced Filtration Trenches PROJECT SPONSOR: City of Prior Lake 4646 Dakota Street SE Prior Lake, MN 55372 CONTACT: Ross Bintner 952- 447 -9831 rbintner @cityofpriorlake.com SECTION 319 GRANT AMOUNT: $240,000 PROJECT SPONSOR SHARE: $265,878 TOTAL PROJECT COST: $505,878 PERIOD COVERED BY THIS AGREEMENT: January 1, 2011 — August 31, 2015 THIS GRANT AGREEMENT (hereinafter AGREEMENT or Contract), and amendments and supplements thereto, shall be interpreted pursuant to the laws of the STATE of Minnesota and is between the STATE of Minnesota, acting through its Commissioner of the MINNESOTA POLLUTION CONTROL AGENCY, 520 Lafayette Road North, St. Paul, MN 55155 -4194 ( "MPCA" or "STATE ") and City of Prior Lake, 4646 Dakota Street SE, Prior Lake, MN 55372 (hereinafter GRANTEE or recipient) . The following Clauses survive the expiration, cancellation or termination of this AGREEMENT: Liability, STATE Audits, Government Data Practice, Intellectual Property, Publicity and Endorsement, Governing Law, Jurisdiction and Venue, and Right of Setoff. Recitals 1. The STATE, pursuant to Minn. Stat. § 116.03, subd. 2, and Minn. Stat. § 103F.725, is empowered to make grant agreements for doing any of the nonpoint source work of the Minnesota Pollution Control Agency (MPCA). 2. The GRANTEE must ensure that no grant or match funds are used to address any point source pollution sources required to have a National Pollution Discharge Elimination System (NPDES) permit, including wastewater treatment facilities and Confined Animal Feeding Operations (CAFO). Any feedlot, on which project work is to be done, must have a Comprehensive Nutrient Management Plan (CNMP) in place. 3. The GRANTEE represents that it is duly qualified and agrees to perform all work described in this AGREEMENT to the satisfaction of the STATE. 4. The MPCA, pursuant to Minn. Stat. § 116.03, subd. 3, is the STATE of Minnesota Program Manager for federal assistance awarded to the STATE through the Federal Clean Water Act, under Section 319(h) (CFDA 66.460). CR5140 319 -11 Grant Agreement WCA/Regional Grant Agreement No. 0000000000000000000038942 Grant Agreement I. GRANTEE'S DUTIES. A. GRANTEE, who is not a State employee, shall: Complete the work and follow the budget described in Attachment A of this AGREEMENT. Attachment A is incorporated herein and is an integral and enforceable part of this AGREEMENT. The activities described in Attachment A shall hereinafter be referred to as either Attachment A, or the Project Work Plan. B. By entering into this AGREEMENT, the GRANTEE certifies that it shall comply with the conditions of Section 319 (h) of the Federal Clean Water Act, (CFDA 66.460); and with applicable provisions of the Section 319 USEPA Grant Agreement Number C9- 97593511 -0 between USEPA and the MPCA including the conditions of Attachment B to this AGREEMENT. Attachment B is incorporated herein and is an integral and enforceable part of this AGREEMENT. The GRANTEE is responsible for compliance with all federal requirements imposed on these funds and accepts full financial responsibility for any requirements imposed by the GRANTEE's failure to comply with federal requirements. C. On or before the end date of this Agreement, the GRANTEE shall provide the STATE with one electronic copy of all final products produced under this AGREEMENT, including reports, publications, software and videos. II. CONSIDERATION AND TERMS OF PAYMENT. A. Consideration for all work performed and goods or materials supplied by GRANTEE pursuant to this AGREEMENT shall be paid by the STATE as follows: 1. Compensation shall be pursuant to the Budget Section of Attachment A and Reporting Requirements in this agreement in Attachment B. 2. GRANTEE certifies that the following matching requirements for the Grant shall be met by the GRANTEE: No less than 45% (forty -five percent) of the total project cost of eligible non - federal, non -MPCA funds either cash or in -kind services shall be provided. 3. Reimbursement for travel and subsistence expenses actually and necessarily incurred by the GRANTEE as a result of this AGREEMENT shall be allowed. GRANTEE shall be reimbursed for travel and subsistence expenses in the same manner and in no greater amount than provided in the current "Commissioners Plan" promulgated by the Commissioner of Minnesota Management and Budget office, which can be accessed on the internet at: http: / /www.mmd.admin. state .mn.us /commissionersl2lan.htm The GRANTEE shall not be reimbursed for travel and subsistence expenses incurred outside the State of Minnesota unless the GRANTEE has received the STATE's prior written approval for out -of -state travel. Minnesota will be considered the home STATE for determining whether travel is out of state. The total obligation of the STATE for all compensation and reimbursements to the GRANTEE under this AGREEMENT shall not exceed $240,000 (Two Hundred Forty Thousand Dollars and no cents). B. Terms of Payment CR5140 319 -11 Grant Agreement WCA/Regional Grant Agreement No. 0000000000000000000038942 1. Upon execution of this AGREEMENT, and contingent upon the availability of Federal Section 319 funds to the MPCA for the designated use of the GRANTEE on this Project, the MPCA shall promptly pay the GRANTEE, after the GRANTEE presents an itemized invoice for work actually performed and the State's Project Manager accepts the invoiced work. Invoices must be submitted at least quarterly along with the updated work plan budget showing current expenditures and budget balances, and be received within 30 days from the end of each quarter. Invoices should reference the Grant Agreement Number and must be submitted to: ATTN: Accounts Payable Minnesota Pollution Control Agency 520 Lafayette Road North Saint Paul, Minnesota 55155 or sent electronically to : MPCA.AP&state.mn.us Invoices for work done through June 30 each year must be submitted by July 21 or the invoice may not be paid. The MPCA shall withhold a minimum of 10 percent (10 %) of the grant award, until the MPCA is satisfied that the project has been completed according to the terms of this AGREEMENT, including expenditure or performance of all required match. The GRANTEE shall submit an invoice for the Final Payment upon submittal of the Final Report (including Financial Report). If the Final Report is not received by the MPCA within 30 (thirty) days of the original or amended end date of this AGREEMENT, the GRANTEE may have to forfeit the Final Payment. 2. If the work in the Project Work Plan is not completed, or is completed without expending the budgeted total of USEPA funds, and eligible matching funds, the GRANTEE shall apply USEPA funds towards no more than 55 percent (55 %) of the total cost properly expended on the Project Work Plan. 3. Payments are to be made from funds obtained by the STATE through Section 319 (h) of the Federal Clean Water Act (CFDA 66.460) and amendments thereto. The STATE may immediately terminate this AGREEMENT if it does not obtain funding from the above source; or if funding cannot be continued at a level sufficient to allow for the payment of the work covered here. The termination notice must be in writing and may be faxed to the GRANTEE. The STATE is not obligated to pay for any work that is provided after notice and effective date of termination. However, the GRANTEE shall be entitled to payment, determined on a pro rata basis, for work satisfactorily performed to the extent that such funds are available. The STATE shall not be assessed any penalty if the AGREEMENT is terminated because of the decision of the USEPA or other funding source, not to appropriate funds. The STATE shall provide the GRANTEE notice of the lack of funding within a reasonable time of the STATE's receiving that notice. C. Eligible Project Costs In order to be eligible for Project Grant funds, costs must be reasonable, necessary and allocable to the Project, and may include costs incurred as of the January 1, 2011. In order to be eligible as Match Funds, costs must be reasonable, necessary and allocable to the Project, and may include costs incurred as of October 1, 2010. CR5140 319 -11 Grant Agreement WCA/Regional 3 Grant Agreement No. 0000000000000000000038942 D. Reporting Requirements The project sponsor shall submit to the STATE for review and approval Semi - Annual reports in a format prescribed by the STATE. These reports shall be due to the STATE each February 1 and August 1 during the life of the contract. No payments will be made to project sponsors if reporting requirements have not been met. If water quality monitoring is applicable, all monitoring data collected during the project must be submitted annually and reported in EQuIS /STORET (U.S. Environmental Protection Agency's monitoring database) by November 1. If not received by January 15 of the following year, the MPCA reserves the right to withhold funding. If Best Management Practices (BMPs) are installed, a summary of the reporting year's BMPs and pollutant load reductions must be entered annually into the eLINK (supported by the MN Board of Water and Soil Resources) database by February 1. A Final Report, in a format prescribed by the STATE, shall be due no later than 30 (thirty) days after the expiration date of the contract. Final payment will not be made to the project sponsor until the final report is received and approved by the project manager. Complete reporting requirements are presented in Attachment B. III. CONDITIONS OF PAYMENT All services provided by the GRANTEE under this AGREEMENT must be performed to the STATE's satisfaction, as determined at the sole discretion of the State's Project Manager, and in accordance with all applicable federal, State and local laws, ordinances, rules and regulations. The GRANTEE shall not receive payment for work found by the STATE to be unsatisfactory, or performed in violation of federal, State or local law, ordinance, rule or regulation. IV. TIME The GRANTEE must comply with all the time requirements described in this AGREEMENT. In the performance of this AGREEMENT, time is of the essence. V. TERM OF THE AGREEMENT Once this AGREEMENT is fully executed, the GRANTEE may claim Grant Project Funds designation for expenses incurred pursuant to Clause II C. Match designation will only be allowed for those expenditures made after October 1, 2010 according to the terms of this AGREEMENT. This AGREEMENT shall remain in effect until August 31, 2015, or until all obligations have been satisfactorily fulfilled, whichever occurs first. VI. CANCELLATION The STATE may cancel this AGREEMENT at any time, with or without cause, upon thirty (30) days' written notice to the GRANTEE. Upon termination, the GRANTEE shall be entitled to payment, determined on a pro rata basis, for work satisfactorily performed. The STATE may cancel this AGREEMENT immediately if the STATE finds that there has been a failure to comply with the provisions of this AGREEMENT, that reasonable progress has not been made, or that the purposes for which the funds were granted have not been or will not be fulfilled. The STATE may take action to protect the interests of the State of Minnesota, including the refusal to disburse additional funds and requiring the return of all or part of the funds already disbursed. If the GRANTEE does not commence the Project within one year of the Execution Date of this AGREEMENT, or is not expending the funds in a timely manner, as evidenced by the incurrence of documented expenses for eligible work plan costs, the STATE reserves the right to cancel this agreement and reallocate the funds. VII. AUTHORIZED REPRESENTATIVES CR5140 319 -11 Grant Agreement MPCA/Region" 4 Grant Agreement No. 0000000000000000000038942 The State's Authorized Representative is Doug Wetzstein, or his successor, Minnesota Pollution Control Agency, 520 Lafayette Road North, St. Paul, MN 55155, 651- 757 -2819, and has the authority to monitor the GRANTEE'S performance and to accept the services provided under this AGREEMENT. Grantee's Authorized Representative The Grantee's Authorized Representative is Ross Bintner, or his successor, City of Prior Lake, 4646 Dakota Street Southeast, Prior Lake, MN 55372, 952- 447 -9831, rbintner @cityofpriorlake.com. If the Grantee's Authorized Representative changes at any time during this AGREEMENT, the Grantee must immediately notify the STATE. State's Project Manager The State's Project Manager is Chris Zadak, or her successor, Minnesota Pollution Control Agency, 520 Lafayette Road North, St. Paul, MN 55155, 651- 757 -2837, chris.zadak @state.mn.us, and has the responsibility to monitor the GRANTEE'S performance by evaluating and approving the satisfactory completion of objectives and tasks identified in this AGREEMENT, ensuring compliance with all requirements of this AGREEMENT and ensuring that invoiced totals are properly allocated to objectives and tasks in the work plan and do not exceed the budgeted objective /task amounts. The State's Project Manager has the responsibility to approve the services provided under this AGREEMENT and authorize payment for those services. If the services are satisfactory, the State's Project Manager will certify acceptance of each invoice submitted for payment. VIII. ASSIGNMENT GRANTEE may neither assign nor transfer any rights or obligations under this AGREEMENT without the prior consent of the STATE and a fully executed Assignment Agreement, executed and approved by the same parties who executed and approved this AGREEMENT, or their successors in office, or as provided by law. IX. CHANGE ORDERS If the State's Project Manager or the Grantee's Authorized Representative identifies a minor change needed in the Work Plan and budget, either party may initiate a Change Order using the Change Order Form provided by the MPCA. Minor changes are defined as reallocating less than ten percent (10 %) or $50,000, whichever is less, of the overall grant, cumulatively, whether between or within tasks or objectives. Change Orders may not delay or jeopardize the success of the Project, alter the overall scope of the Project, increase or decrease the overall amount of the Contract, or cause an extension of the term of this Contract. Major changes or reallocations (over 10% or $50,000) require an Amendment rather than a Change Order. The STATE's Project Manager and the Grantee's Authorized Representative shall sign the Change Order Form in advance of doing the work, which will then become an integral and enforceable part of the Agreement. X. AMENDMENTS Major budgetary, (over 10% of the total project cost), work plan, or contract changes, including reallocation of funds to different Project Objectives, an increase or decrease of the overall amount of the Contract, require an amendment, approval of the STATE's Authorized CR5140 319 -11 Grant Agreement WCAMegional 5 Grant Agreement No. 0000000000000000000038942 Representative or his/her delegate and may require prior USEPA approval. Amendments must be signed in advance of doing the work. Any amendment to this AGREEMENT must be in writing, and will not be effective until it has been executed and approved by the same parties who executed and approved the original AGREEMENT, or their successors in office, or as provided by law. XI. WAIVER If the STATE fails to enforce any provision of this AGREEMENT, that failure does not waive the provision or its right to enforce it. XII. AGREEMENT COMPLETE This AGREEMENT contains all negotiations and agreements between the STATE and the GRANTEE. No other understanding regarding this AGREEMENT, whether written or oral, may be used to bind either party. XIII. LIABILITY The GRANTEE must indemnify, save and hold the STATE, its agents, and employees harmless from any claims or causes of action, including attorney's fees incurred by the STATE, arising from the performance of this AGREEMENT by the GRANTEE or the GRANTEE'S agents or employees. This Clause shall not be construed to bar any legal remedies GRANTEE may have for the STATE'S failure to fulfill its obligations under this AGREEMENT. XIV. STATE AUDITS Under Minnesota Statutes § 16C.05, subdivision 5, the GRANTEE'S books, records, documents, and accounting procedures, and practices relevant to this AGREEMENT are subject to examination by the STATE, the USEPA, the State Auditor and /or the Legislative Auditor, as appropriate, for a minimum of six years from the end of this AGREEMENT. XV. GOVERNMENT DATA PRACTICES ACT The GRANTEE and the STATE must comply with the Minnesota Government Data Practices Act, Minnesota Statutes chapter 13, as it applies to all data provided by the STATE under this AGREEMENT, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the GRANTEE under this AGREEMENT. The civil remedies of Minn. Stat. § 13.08 apply to the release of the data referred to in this Clause by either the GRANTEE or the STATE. If the GRANTEE receives a request to release the data referred to in this Clause, the GRANTEE must immediately notify the STATE. The STATE shall give the GRANTEE instructions concerning the release of the data to the requesting party before the data is released. XVI. INTELLECTUAL PROPERTY RIGHTS A. Subject to the rights of the USEPA Under 40 CFR §31.34, the STATE owns all rights, title and interest in all of the intellectual property rights, including copyrights, patents, trade secrets, trademarks, and service marks in the Works and Documents created and paid for under this AGREEMENT. Works means all inventions, improvements, discoveries (whether or not patentable), databases, computer programs, reports, notes, studies, photographs, negatives, designs, drawings specifications, materials, tapes, and disks conceived, reduced to practice, created or originated by the GRANTEE, its employees, agents, and subcontractors, either individually or jointly with others in the performance of this AGREEMENT. Works includes "Documents ". Documents are the originals of any databases, computer programs, reports, notes studies, photographs, negatives, designs, drawings, specifications, materials, tapes, disks, or other materials, whether in tangible or electronic forms, prepared by the GRANTEE, its employees, agents, or CR5140 319 -11 Grant Agreement WCA/Regional 6 Grant Agreement No. 0000000000000000000038942 subcontractors, in the performance of this AGREEMENT. The Documents shall be the exclusive property of the STATE and all such Documents must be immediately returned to the STATE by the GRANTEE, at the GRANTEE's expense, upon the written request of the STATE, or upon completion, termination, or cancellation of this AGREEMENT. To the extent possible, those Works eligible for copyright protection under the United STATES Copyright Act will be deemed to be "works made for hire ". The GRANTEE assigns all right, title, and interest it may have in the Works and the Documents to the STATE. The GRANTEE must, at the request of the STATE, execute all papers and perform all other acts necessary to transfer or record the STATE's ownership interest in the Works and Documents. B. OBLIGATIONS: 1. NOTIFICATION. Whenever any invention, improvement, or discovery (whether or not patentable) is made or conceived for the first time or actually or constructively reduced to practice by the GRANTEE, including its employees and subcontractors, in the performance of this AGREEMENT, the GRANTEE shall immediately give the State's Authorized Representative written notice thereof, and must promptly furnish the Authorized Representative with complete information and/or disclosure thereon. 2. REPRESENTATION. The GRANTEE must perform all acts, and take all steps necessary to ensure that all intellectual property rights in the Works and Documents are the sole property of the STATE, and that neither GRANTEE nor its employees, agents, or subcontractors retain any interest in and to the Works and Documents. The GRANTEE represents and warrants that the Works and Documents do not and will not infringe upon any intellectual property rights of other persons or entities. Notwithstanding Clause XIII Liability, the GRANTEE shall indemnify; defend, to the extent permitted by the Attorney General; and hold harmless the State, at the GRANTEE'S expense, from any action or claim brought against the State to the extent that it is based on a claim that all or part of the Works or Documents infringe upon the intellectual property rights of others. The GRANTEE will be responsible for payment of any and all such claims, demands, obligations, liabilities, costs, and damages, including, but not limited to, attorney fees. If such a claim or action arises or in GRANTEE'S or the STATE'S opinion is likely to arise, the GRANTEE must, at the STATE'S discretion, either procure for the STATE the right or license to use the intellectual property rights at issue or replace or modify the allegedly infringing Works or Documents as necessary and appropriate to obviate the infringement claim. This remedy of the STATE will be in addition to and not exclusive of other remedies provided by law. C. The STATE hereby grants a limited, no -fee, noncommercial license to the GRANTEE to enable the GRANTEE'S employees engaged in research and scholarly pursuits to make, have made, reproduce, modify, distribute, perform, and otherwise use the Works, including Documents, for research activities or to publish in scholarly or professional journals, provided that any existing or future intellectual property rights in the Works or Documents (including patents, licenses, trade or service marks, trade secrets, or copyrights) are not prejudiced or infringed upon, that the Minnesota Data Practices Act is complied with, and that individual rights to privacy are not violated. The GRANTEE shall indemnify and hold harmless the STATE for any claim or action based on the GRANTEE'S use of the Works or Documents under the provisions of Clause XVI.B.2. Said license is subject to the STATE's publicity and acknowledgement requirements set forth in this AGREEMENT. The GRANTEE may reproduce and retain a copy of the Documents for research and academic use. The GRANTEE is responsible for security of the GRANTEE'S copy of the Documents. A copy of any articles, materials or documents produced by the GRANTEE'S employees, in any form, using or derived from the subject matter of this license, shall be promptly delivered without cost to the STATE. CR5140 319 -11 Grant Agreement WCA/Regional 7 Grant Agreement No. 0000000000000000000038942 D. The GRANTEE shall acknowledge the STATE'S funding of any resulting publications, data, or other material, whether subject to copyright or not, with the following language: Funding for this publication (or document, paper, data, etc.) was provided by the Minnesota Pollution Control Agency through a Grant from United States Environmental Protection Agency, Section 319 Nonpoint Source Management Fund. E. Any publicity regarding the subject matter of this AGREEMENT must identify the STATE as the sponsoring agency and shall not be released, unless such release is a specific part of an approved Project Work Plan included in this AGREEMENT, prior to written approval by the State's Authorized Representative. For the purposes of this Clause, publicity includes notices, informational pamphlets, press releases, research, reports, signs and similar public notices prepared by or for the GRANTEE, individually or jointly with others, or any subcontractors, with respect to the Project, publications, or work funded by this AGREEMENT. F. The GRANTEE must not claim that the STATE endorses its products or services. XVII. WORKERS COMPENSATION AND LABOR The GRANTEE certifies that it is in compliance with Minn. Stat. § 176.181, subd. 2. pertaining to workers' compensation insurance coverage. The GRANTEE'S employees and agents shall not be considered State employees. Any claims that may arise under the Minnesota Workers' Compensation Act on behalf of these employees and any claims made by any third party as a consequence of any act or omission on the part of these employees are in no way the STATE's obligation or responsibility. The GRANTEE shall comply with the provisions of Minn. Stat. § 181.59, Discrimination on account of race, creed or color prohibited in contract, as applicable. The GRANTEE shall ensure that all personnel involved in the performance of this AGREEMENT are properly qualified, trained, and competent; and shall be, where applicable, appropriately medically monitored during the Project. XVIII. ANTITRUST GRANTEE hereby assigns to the State of Minnesota any and all claims for overcharges as to goods and/or services provided in connection with this AGREEMENT resulting from antitrust violations which arise under the antitrust laws of the United States and the antitrust laws of the State of Minnesota. XIX. USE OF SUBCONTRACTORS If the GRANTEE decides to fulfill any of its obligations and duties under this AGREEMENT through a subcontractor to be paid for by funds received under this grant, the GRANTEE shall not execute a contract with the subcontractor or otherwise enter into a binding agreement until it has first received written approval from the State's Authorized Representative, unless such subcontract is a specific part of an approved Project Work Plan included in this AGREEMENT. The State's Authorized Representative shall respond to requests from the GRANTEE for authorization to subcontract within ten (10) working days of receiving the request. All subcontracts shall reference this AGREEMENT and require the subcontractor to comply with all of the terms and conditions of this AGREEMENT. The GRANTEE shall be responsible for the satisfactory and timely completion of all work required under any subcontract and the GRANTEE shall be responsible for payment of such subcontracts. The GRANTEE shall pay all Subcontractors, less any retainage, within 10 calendar days of receipt of payment to the GRANTEE by the STATE for undisputed services provided by the Subcontractor and must pay interest at the rate of one and one half percent per month or any part of a month to the Subcontractor on any undisputed amount not paid on time to the Subcontractor. CR5140 319 -11 Grant Agreement WCA/Regional 8 Grant Agreement No. 0000000000000000000038942 XX. GOVERNING LAW, JURISDICTION AND VENUE Minnesota law, without regard to its choice -of -law provisions, governs this AGREEMENT. Venue for all legal proceedings out of this AGREEMENT, or its breach, must be in the appropriate State or federal court with competent jurisdiction in Ramsey County, Minnesota. XXI. RIGHT OF SETOFF Under Minn. Stat. § 270C.65, and other applicable law, the GRANTEE consents to disclosure of its social security number, federal tax identification number, and /or Minnesota tax identification number, already provided to the STATE, to federal and State tax agencies and State personnel involved in the payment of STATE obligations. These identification numbers may be used in the enforcement of federal and State tax laws which could result in action requiring the GRANTEE to file STATE tax returns and pay delinquent State tax liabilities, if any, or pay other State liabilities. OTHER PROVISIONS The Recitals are incorporated herein and made a part of this AGREEMENT. IN WITNESS WHEREOF, the parties have caused this AGREEMENT to be duly executed intending to be bound thereby. APPROVED: 1. STATE ENCUMBRANCE VERIFICATION 3. MINNESOTA POLLUTION CONTROL AGENCY Individual certifies that funds have been encumbered as required by Minn. Stat. §§ 16A.15 and 16C.05. L Date: By: Grant Agreement No.: 0000000000000000000038942 2. CITY OF PRIOR LAKE Title: Date: GRANTEE certifies that the appropriate person(s) have executed the AGREEMENT on Behalf of the GRANTEE as required by applicable articles, by -laws, resolutions, or ordinances. By: Title: Date: CR5140 319 -11 Grant Agreement WCAMegional 9 Grant Agreement No. 0000000000000000000038942 Attachment A ASSESSING IRON ENHANCED FILTRATION TRENCHES 1. Grant Project Summary Project Title: Assessing Iron Enhanced Filtration Trenches Organization (Grantee): City of Prior Lake Anticipated project start date: �10 -1 -2010 Project end date: 8 -31 -2015 Work plan submittal date: November 22, 2011 Grantee Contact Name: Ross Bintner Address: 4646 Dakota Street SE City: Prior Lake State: MN Zip: 55372 Phone #: 952.447.9831 E -mail: rbintner @cityofpriorlake.com Watershed, Lake or Water Body (if applicable): Upper Prior Lake & Spring Lake Latitude/Longitude for center of project area 44.7065, - 93.4558 HUC: 070200121105, 070200121107, 070200120807 County: Scott Project Type (check one): TMDL Implementation X 319 DER Grant Amount: $240,000 Cash Match Funds: $ In -kind Match Funds: $265,878 Total Project Costs: $505,878 CR5140 1 319 -41 Grant Agreement No. 0000000000000000000038942 Local Units of Government in the Project Area: Counties: Scott Townships: Cities: City of Prior Lake Agencies: Organizations: Prior Lake Spring Lake Watershed District PLSLWD Other: State Senate Districts: 35 State House Districts: 35A,35B 2. Statement of Problems and Existing Conditions Most stormwater treatment systems in Minnesota retain little, if any, dissolved contaminants (Minnesota Stormwater Steering Committee 2005). Wet detention basins, in particular, are typically designed to capture greater than 80% total suspended solids and, on average, can achieve an estimated 60% total phosphorus load reduction but do little to remove dissolved contaminants from stormwater. With 45% of the phosphorus load (on average) in dissolved form, a large fraction of the phosphorus load typically passes through wet detention basins without being captured. Because dissolved phosphorus has a higher bioavailability factor than particulate forms (Sharpley, et al. 1992), removing only particulate fractions from stormwater only minimally reduces phosphorus bioavailability. In addition, reducing total phosphorus concentrations from typical median stormwater values of 270 ppb (Pitt et al. 2005) to eco- region standards for deep and shallow lakes of 20 -30 ppb (Northern Lakes and Forests) or 40 -60 ppb (North Central Hardwood Forest) requires advanced treatment of the dissolved fraction. There are many permitted Municipal Separate Storm Sewer Systems (MS4s), municipalities, watershed districts, and other local units of government (LGUs) that will find it difficult to meet their Total Maximum Daily Load (TMDL) requirements with the current state -of -the -art stormwater treatment practices. The proposed research will measure the performance of a revolutionary enhancement to wet detention basins that will significantly increase dissolved phosphorus capture in both urban and agricultural environments. Preliminary installations of iron - enhanced filtration trenches have recently been tested and shown to capture a significant fraction (30 — 70 %) of the dissolved phosphorus concentration from stormwater stored in a wet detention basin. These trenches can be retrofitted into existing wet detention basins or installed with newly constructed basins at a significant cost savings compared to other conventional stormwater treatment practices. This concept will provide LGUs with a new, cost - effective, tool to significantly reduce dissolved phosphorus concentration in stormwater. CR5140 2 319 -41 Grant Agreement No. 0000000000000000000038942 Iron - enhanced filtration trenches will be installed in and around existing wet detention basins throughout the City of Prior Lake, MN (the City). The City currently owns over 135 wet detention basins and stormwater from the City and surrounding areas discharges to impaired (nutrients) waterbodies including Upper Prior Lake and Spring Lake (Draft Report: Spring Lake — Upper Prior Lake Nutrient TMDL). Currently the implementation plan is in draft form and has not been approved by the Minnesota Pollution Control Agency (MPCA). Many of these iron - enhanced filtration trenches will be installed concurrently with scheduled maintenance and hydraulic modification resulting in cost savings compared to installing these or other stormwater Best Management Practices (BMPs) individually. This project will quantify the performance of full - scale, field- installed, iron - enhanced filtration trenches and develop critical design, construction, and performance information which could become a Minimal Impact Design Standard (MIDS) and be incorporated into the Minnesota Stormwater Manual. Integrating this new technology into the stormwater treatment system will significantly reduce the dissolved phosphorus concentration discharged to sensitive downstream waterbodies such as Upper Prior Lake and Spring Lake. Widespread implementation of iron - enhanced filtration trenches into existing and newly - constructed wet detention basins will result in a significant reduction of dissolved phosphorus load entering wetlands, rivers, and lakes in Minnesota and beyond. The scope of this project will address the following goals and action steps from Minnesota's Nonpoint Source Management Program Plan (2008): • Goal 2 (page 11 -361): Additional Best Management Practices (BMPs) and Better Site Design (BSD) Techniques are Advanced in Minnesota (see the Stormwater Steering Committee's Minnesota Stormwater Manual). • Action Step 3: Evaluate and implement new and innovative BMPs such as rain gardens, porous pavement, green roofs, etc. that are located closer to the source of runoff. • Goal 3 (page 11 -362): Address Load Allocation Reductions for Total Maximum Daily Loads Established due to Stormwater Runoff Impacting Impaired Water or Maintain Water Quality of a Water Body Threatened by Urban Runoff. • Action Step 3: Monitor or evaluate effectiveness of BMPs • Goal 7 (page 11 -366): Research the Effectiveness of Urban Runoff Best Management Practices (see Appendix K of the Minnesota Stormwater Manual). • Action Step 2: Research the performance of emerging and nontraditional BMPs including but not limited to: ■ bioretention • pervious pavement • green roofs • infiltration • proprietary sediment removal devices • long term performance data • Action Step 5: Research BMP effectiveness in contaminate removal for pathogens, toxins, and other emerging issue contaminates. • Action Step 7: Develop stormwater runoff demonstration sites for research, monitoring and educational purposes. Publicizing of the sites can be done through CR5140 3 319 -41 Grant Agreement No. 0000000000000000000038942 being open to the public, published in sources such as the Minnesota Stormwater Manual, and/or cited in training materials. • Action Step 8: Research low impact development and better site design techniques 3. The Body of the Work Plan Goal The purpose of this project is to quantify the performance of full - scale, field- installed, iron - enhanced filtration trenches which will provide critical design, construction, and performance information for a practice that could be used to significantly reduce the dissolved phosphorus load entering wetlands, rivers, and lakes in Minnesota and beyond. Background Sand filter media enhanced with steel wool has been shown under laboratory conditions to have the capability to remove more than 90% of dissolved phosphorus from synthetic stormwater (Erickson et al. 2007). Additional laboratory research on the iron -sand mix installed in a 0.27 - acre enhanced sand filter in Maplewood, MN has shown that iron shavings added to typical sand filter media can also retain over 90% of dissolved phosphorus (Erickson et al. 2010). This project will measure the performance, estimate the longevity, and determine the maintenance requirements of a new treatment system that combines the filtration and adsorption of an enhanced sand filter with the settling of a wet detention basin. This proposed project will investigate the design of a new treatment system that utilizes a sand filter enhanced with iron shavings or steel wool around the perimeter and near the outlet of a wet detention basin. When stormwater enters the basin, the water level will increase and stormwater will begin flowing into the filtration trenches. Significant particulate removal occurs through settling within the wet detention basin and additional particle and dissolved pollutant capture occurs by filtration and adsorption within the enhanced media trench. The technology is being (or was) tested during the summer of 2010 through funding provided by the City of Prior Lake, the Prior Lake Spring Lake Watershed District, and the Scott County Watershed Management Organization. This innovative design is relatively inexpensive to install in new or existing wet detention basins and could be implemented throughout the State of Minnesota and beyond, resulting in the transformation of any conventional wet detention pond into a high - performance stormwater treatment system with the ability to capture a significant fraction of the dissolved phosphorus load. With approximately 1.1 million acres of impervious area in Minnesota (Bauer et al. 2005) and approximately 1.4 pounds of phosphorus washing off each impervious acre per year, the potential reduction ( -90% reduction) in phosphorus load to receiving water bodies is approximately 1,386,000 pounds per year. This represents a substantial potential improvement to water quality in Minnesota. CR5140 4 319 -41 Grant Agreement No. 0000000000000000000038942 In 2011 the City of Prior Lake will undertake approximately $350,000 in stormwater maintenance and retrofit projects that will include the construction of several enhanced sand filter trenches around wet detention ponds in a variety of design configurations. This retrofit project is scheduled to be bid in the Fall of 2010, begin construction in January 2011, and be complete by September 2011. This proposed project will provide funds to allow the City of Prior Lake to monitor these innovative iron - enhanced filtration trenches. The City of Prior Lake will partner with the University of Minnesota to establish a successful monitoring program for these systems over a 3 -year period and will analyze the results to accurately estimate the performance of this innovative technology under various conditions, especially over time. The results will be used to estimate the longevity of these new systems and maintenance of the systems will be recorded. Previously published design standards such as Minimal Impact Design Standards (MIDS) will be reviewed and the results from the proposed project will be used to provide critical design, construction, and performance information yielding relevant and applicable design standards which could be incorporated into the Minnesota Stormwater Manual. Objectives and Tasks Objective 1: Design and construction. Task la: Design and construct iron enhanced filter trenches. Design and construct field installations of the iron - enhanced filtration trenches as part of the City of Prior Lake's 2011 Water Quality Retrofit Project. Deliverable(s): The progress and completion of this task (design and construction of filtration trenches) will be reported in progress reports (Task 5a). Time Frame: 101112010 - 12/31/2011 (NOTE: Grantfunds available after 71112011) Person(s) Responsible: The City of Prior Lake (Ross Bintner) Roles: The City of Prior Lake will design and oversee bidding and construction of the iron enhanced trenches. The University of Minnesota will provide additional guidance on design and installation to ensure proper design and facilitate monitoring. The Prior Lake Spring Lake Watershed District and the Scott WMO have funded testing of two prototype trenches, the results of which will be used to guide design and installation of the new iron enhanced trenches that will be installed as part of the proposed project. Estimated Cost: Grant Funds: $ 11,110 Match: $ 232,874 Total: $ 243,984 Objective 2: Conduct Field Monitoring. Task 2a: Install Monitoring Equipment. Install monitoring equipment at several sites where iron - enhanced filtration trenches have been installed. This task includes purchase, installation, and testing of automatic sampling equipment, flow measurement and recording devices, and data acquisition equipment. The City of Prior Lake plans to build between six and ten iron enhanced sand filtration system as part of its 2011 Pond Maintenance and Retrofit Project #11 -012. The sites are clustered in three geographical locations, with between two and four ponds in each location, with clusters named for their direction from the main body of Upper Prior Lake. The southwest cluster (SW) includes ponds 1, 3a and 3b. The northwest (NW) cluster includes ponds 4, 5 and 6. The southeast (SE) cluster includes ponds 11, 13 and 15. The ponds vary in size, contributing watershed area and planned filter size, as shown here: CR5140 5 319 - -11 Grant Agreement No. 0000000000000000000038942 Pond ID Watershed Area acres Surface Area ac -ft Planned Filter Size SW 1 42.96 0.948 2,000 SW 3A 12.80 0.176 500 SW 3B 29.07 0.648 1,600 NW 4 9.79 0.227 550 NW 5 8.08 0.323 450 NW 6 3.03 0.124 360 SE 11 19.10 0.127 750 SE 13 10.89 0.194 500 SE 15 78.10 1.040 5,000 During the course of the maintenance project each of the ponds will be retrofit with various outlet modification, grading, and pipe work that are required for the function of the iron enhanced sand filtration systems that are added near each pond outlet. Of these six to ten constructed sites, one will be selected from these clusters for monitoring with ISCO or Campbell Scientific automatic sampling equipment which will be programmed to capture flow - weighted discrete samples. In addition, one tipping bucket rain gauge will be installed at the site. The rain gauge will be connected to a data logger for collection of weather information such as precipitation and temperature. Deliverable(s): The progress and completion of this task (monitoring equipment will be installed at three sites) will be reported in progress reports (Task 5a). A Project Establishment Form and Location Establishment Form will also be submitted to the MPCA for approval. Time Frame: 12/1/2011 - 10/31/2012 Person(s) Responsible: The City of Prior Lake (Ross Bintner) Roles: The City of Prior Lake and the University of Minnesota will coordinate to select sites for monitoring, develop a monitoring program, and install field monitoring equipment at the selected sites. Estimated Cost: Grant Funds: $ 18,140 Match: $ 9,007 Total: $ 27,147 Task 2b: Field Monitoring. Conduct field monitoring during natural storm events to measure dissolved phosphorus capture by iron - enhanced filtration trenches. This task includes collecting and transporting automatically - collected samples to the analytical laboratory, and maintenance or repair of monitoring equipment. Samples will be analyzed by the Ecological Laboratory at St. Anthony Falls Laboratory with periodic additional analysis by the Research Analytical Laboratories at the University of Minnesota. The program will initially capture approximately 10 storm events per year with up to 20 samples per storm event at both the inlet and outlet locations. Monitoring results during the first year of the project will be closely reviewed with MPCA staff to ensure accurate results and identify any trends that signify contamination or inaccurate sampling. Sample storage, handling, and delivery will comply with the quality assurance protection plan CR5140 6 319 - -11 Grant Agreement No. 0000000000000000000038942 (QAPP) developed for this project and approved by the Minnesota Pollution Control Agency (section 7). Deliverable(s): The progress and completion of this task (field monitoring data generated and quality control review of data) will be reported in progress reports (Task 5a). Time Frame: 41112012 - 10/31/2014 Person(s) Responsible: The City of Prior Lake (Ross Bintner) Roles: The City of Prior Lake and the University of Minnesota will coordinate to implement the monitoring program at the selected sites. In addition, Soil and Water Conservation District (SWCD) or Watershed District (WD) staff will provide technical guidance on field monitoring due to their expert knowledge on the subject. Estimated Cost: Grant Funds: $ 76,760 Match: $ 0 Total: $ 76,760 Task 2c: Chemical Analysis. Samples delivered to the Ecological Laboratory at St. Anthony Falls Laboratory will be analyzed for orthophosphate (filtered, undigested) according to Standard Methods (APHA 1998) 4500 -P, the Ascorbic Acid Method. Samples delivered to the Research Analytical Laboratories at the University of Minnesota will be analyzed for orthophosphorus (filtered, undigested), total dissolved phosphorus (filtered, digested), and total phosphorus (unfiltered, digested) according to RFA Methodology (1986) Orthophosphate A303 -S200 and Total Phosphorus A303 -S050. Deliverable(s): The progress and completion of this task (monitoring samples analyzed) will be reported in progress reports (Task 5a). A Laboratory Establishment Form will be submitted to the MPCA for approval. Time Frame: 41112012 - 12/31/2014 Person(s) Responsible: The City of Prior Lake (Ross Bintner) Roles: Not Applicable (lab analysis costs only). Estimated Cost: Grant Funds: $34,200 Match: $ 0 Total: $ 34,200 Objective 3: Data Analysis Task 3a: Field Monitoring Data Analysis. This task includes analysis of the results obtained from field monitoring (Objective 2) to estimate performance of the iron - enhanced filtration trenches. This task will include analysis of the monitoring results by at least three methods of performance evaluation (e.g., concentration- based, load - based, percent exceedance). Results will also be analyzed using statistical methods or models (e.g., FLUX) to facilitate calculation of seasonal, annual, and flow - weighted mean pollutant loading. Results from the chemical analysis (Task 2c) will be analyzed for quality assurance and quality control and water quality data in compliance with the quality assurance protection plan (QAPP) will be submitted to the Minnesota Pollution Control Agency (MPCA) annually by November 1 for inclusion in the EQUIS data system. Deliverable(s): A Data Template will be submitted to the MPCA for approval. Water quality data will be submitted to the Minnesota Pollution Control Agency (MPCA) annually by November 1 for inclusion in the EQUIS data system. The progress and completion of this task will also be reported in progress reports (Task 5a). Time Frame: 41112012 - 513112015 CR5140 7 319 -41 Grant Agreement No. 0000000000000000000038942 Person(s) Responsible: The University of Minnesota (John S. Gulliver) Roles: The City of Prior Lake and the University of Minnesota will coordinate to analyze the data collected during the field monitoring program. Estimated Cost: Grant Funds: $ 29,970 Match: $ 0 Total: $ 29,970 Objective 4: Public Outreach and Education Task 4a: Establish Partnerships. The University of Minnesota has a long history of dialogue and collaboration with public entities including watershed districts, municipalities, counties, universities, the League of Minnesota Cities (Minnesota Cities Stormwater Coalition), and statewide entities working on stormwater treatment. The project team will continue and expand collaboration in the proposed project to include more entities such as the Minimum Impact Design Standards (MIDS) team and establish partnerships for review and dissemination of knowledge gained through this project. This task includes meeting with local, state, and national organizations or individuals that can provide useful knowledge pertaining to the project topic and objectively review the results. Deliverable(s): The progress and completion of this task (partnerships established; number of meetings held; reviews conducted) will be reported in progress reports (Task 5a). Time Frame: 101112010 - 813112015 (NOTE: Grantfunds available after 71112011) Person(s) Responsible: The University of Minnesota (John S. Gulliver) Roles: The University of Minnesota will establish partnerships to extend collaboration and provide public outreach and education. Estimated Cost: Grant Funds: $13,310 Match: $10,762 Total: $ 24,072 Task 4b: Dissemination. Public outreach and education through webinars, presentations, workshops, TMDL public meetings, open house meetings, MS4 education/outreach activities, and online publication including articles in UPDATES, an email stormwater research newsletter distributed to over 2,400 subscribers. Presentation material and meeting outcomes will be provided in electronic form. Public outreach and participation will also include demonstration of the field installations through display signs (where appropriate and possible) describing the research and the importance of stormwater management and protecting our water resources. The results will be peer- reviewed by professionals of state, national, and international prominence and one or more professional, peer- reviewed journal articles and a final project report will be also published. Deliverable(s): The progress and completion of this task (number of meetings held, people reached with educational materials, and publications) will be reported in progress reports (Task 5a). Time Frame: 101112010 - 813112015 (NOTE: Grant funds available after 71112011) Person(s) Responsible: The University of Minnesota (John S. Gulliver) Roles: The University of Minnesota will disseminate results of this project through webinars, presentations, workshops, TMDL public meetings, open house meetings, MS4 CR5140 8 319 - -11 Grant Agreement No. 0000000000000000000038942 education/outreach activities, and online publication including articles in UPDATES, an email stormwater research newsletter distributed to over 2,400 subscribers. Estimated Cost: Grant Funds: $14,130 Match: $ 10,762 Total: $ 24,892 Task 4c: Incorporation into education program. Incorporate results into educational programs such as Stormwater U and University of Minnesota classes; specifically Urban Hydrology and Land Development, a senior and graduate level civil engineering course. Deliverable(s): The progress and completion of this task (incorporation of project findings into classes) will be reported in progress reports (Task 5a). Time Frame: 71112011 - 813112015 Person(s) Responsible: The University of Minnesota (John S. Gulliver) Roles: The University of Minnesota will incorporate the results of this study into education programs. Estimated Cost: Grant Funds: $ 5,060 Match: $ 0 Total: $ 5,060 Objective 5: Publish final design standards and final report. Task 5a: Progress reports. A semi - annual narrative and expenditure report to be submitted to the MPCA on February 1 and August 1 of each year of the contract. These reports will include a description of completed or ongoing tasks and preliminary findings. Quarterly invoices will also be submitted to the MPCA. Deliverable(s): Semi - annual progress reports and quarterly invoices. Time Frame: 61112012 - 813112015 Person(s) Responsible: The City of Prior Lake (Ross Bintner) Roles: The City of Prior Lake and the University of Minnesota will coordinate to submit progress reports and invoices. Estimated Cost: Grant Funds: $ 2,550 Match: $ 0 Total: $ 2,550 Task 5b: Prepare and submit design standards for publication. Publish final design standards in a report, academic or trade journal, or other professional manuals. In addition, final design standards with performance criteria for implementation in new or existing wet detention basins will be submitted for possible publication in the Minnesota Stormwater Manual. The performance criteria measured with funds from this project can be used to establish water quality credits for state agencies, municipalities, watershed districts, counties, and other entities that install this new technology. Deliverable(s): Design standards will be submitted for publication and to the MPCA. Time Frame: 9/1/2011- 813112015 Person(s) Responsible: The City of Prior Lake (Ross Bintner) Roles: The City of Prior Lake and the University of Minnesota will coordinate to submit design standards for publication. Estimated Cost: Grant Funds: $ 19,630 Match: $ 0 Total: $19,630 CR5140 9 319 -41 Grant Agreement No. 0000000000000000000038942 Task 5c: Prepare and submit a draft final report. A draft final report will be prepared and submitted to the MPCA for review. The draft final report will include a detailed description of the project including how the project tasks were successfully completed, the results of the study including all project files (water quality data, GIS, etc.) used to produce all project deliverables, reports, and budget. Deliverable(s): Draft final report. Time Frame: 61112015 - 713112015 Person(s) Responsible: The City of Prior Lake (Ross Bintner) Roles: The City of Prior Lake and the University of Minnesota will coordinate to submit the draft final report. Estimated Cost: Grant Funds: $ 11,020 Match: $ 2,473 Total: $ 13,493 Task 5d: Prepare and submit the final report. Comments and feedback on the draft final report will be reviewed and addressed or incorporated to prepare the final report. The final report will be submitted to the MPCA. Deliverable(s): Final report. Time Frame: 81112015 - 813112015 Person(s) Responsible: The City of Prior Lake (Ross Bintner) Roles: The City of Prior Lake and the University of Minnesota will coordinate to submit the final report. Estimated Cost: Grant Funds: $ 4,120 Match: $ 0 Total: $ 4,120 Management and Coordination The project will be managed by Ross Bintner at the City of Prior Lake in partnership with Prior Lake Spring Lake Watershed District, Scott Watershed Management Organization, and the University of Minnesota. The University of Minnesota will be a subcontractor to the City of Prior Lake. The City of Prior Lake will be responsible for completing Tasks 1, 2, and 5. Professor John S. Gulliver at St. Anthony Falls Laboratory and the University of Minnesota will be responsible for Tasks 3 and 4. References Abernathy, R.B., R.P. Benedict, and R.B. Dowdell. "ASME Measurement Uncertainty." Journal of Fluids Engineering 107:161 -164, June 1985. Bauer, M., et al. 2005. Estimating, Mapping, and Change Analysis of Impervious Surface Area by LANDSAT Remote Sensing. Pecora 16 "Global Priorities in Land Remote Sensing." Sioux Falls, SD Erickson, A. J., Gulliver, J. S., and Weiss, P. T. 2007. Enhanced Sand Filtration for Storm Water Phosphorus Removal. J. Environ. Engineering, 133(5) , 485 -497. Erickson, A.J., Gulliver, J.S., Weiss, P.T., and B.J. Huser. 2010. Iron - Enhanced Sand Filtration for Stormwater Phosphorus Removal. Proceedings of the 89th Annual Transportation Research Board Meeting. January 10 -14, 2010, Washington, D.C. Gulliver, J.S., A.J. Erickson, and P.T. Weiss (editors). 2010. " Stormwater Treatment: Assessment and Maintenance." University of Minnesota, St. Anthony Falls Laboratory. Minneapolis, MN. http : / /stormwaterbook.safl.umn.edu / CR5140 10 319--11 Grant Agreement No. 0000000000000000000038942 Minnesota Stormwater Steering Committee. 2005. "The Minnesota Stormwater Manual." Developed by Emmons and Olivier Resources for the Stormwater Steering Committee, Minnesota Pollution Control Agency, St. Paul, MN. Pitt, R., Maestre, A., Morquecho, R., Brown, T., Schueler, T., Cappiella, K., and Sturm, P. (2005). "Evaluation of NPDES Phase 1 Municipal Stormwater Monitoring Data." University of Alabama and the Center for Watershed Protection. Sharpley, A.N., et al., 1992. The transport of bioavailable phosphorus in agricultural runoff, Journal of environmental quality, 21 (1), 30 -35. U.S. EPA. 2002. "Urban Stormwater BMP Performance Monitoring." 821 -B -02 -001, U.S. Environmental Protection Agency, Washington, D.C. Weiss, P.T., J.S. Gulliver and A.J. Erickson. 2007. "Cost and pollutant removal of storm -water treatment practices," Journal of Water Resources Planning and Management, 133(3), 218 -229. CR5140 11 319 -41 Grant Agreement No. 0000000000000000000038942 4. Gantt Chart CR5140 12 319 -41 00�0�000 ©E ©G0� 0000© E© COO�O��O�© C�CDD��uOOO ©C�CD ©���00� ©E�GDD���DDD�CGG 11111111■■.■■■■■■■■■■■. (IIIIIIII (IIII II 1111111111 (III _ _ 1111 1 ■■ ■■■■■■■■■■■■■■■ 111111111 IIIII 1111 I! 1111111111 1111 _ EN ■M"MNENE III - - IIIIIIII IIIIIIII ■ ■.........I .. _ -.. = IIIIIIII i l i n i n i l l i s il 1 11111 1000110 1 I gloos 1. 111111,IN - ... ■■■N..■■■ .......... .■■■■Ni .. ■....■�■�:::_ 0100. ■ ■IIII' _ - Illllllil IIIIIIIilllll . . . . . . . . . . . . . . . . . ���.....■■ ■ ■ ■ ■ ■ ■ ■.... . . . . . . . . . . . . . . . . . . . . . ■ ■.. ■ ■■ ■ ■ ■ ■ ■ ■ ■ ■ ■.... 0000 0000.:. 0000 IIII _ _ 1111 :. MINES 111 1111 11...■ II ..IN111■■11■1 .■■ ■ MI ■11■■ ■11■■■■■■■■■ ■111■■ . ■11■..■ ■III■■.. ...... ■ .......................■ ■........1111 ■■. 1111■■ N ■....■.■. ..■■■..■■ ■ 1111111 111111■...■... 1 1111 ■■ ■■■IL__II110 ■■■■N_III11 going _■ ■111 1 1 1IIIIIIII 1111 . .. �:� 0000:: -.. 1 I Illlllllllllllllllllllllilllllllllllllllllllll 1111 .:1111 CR5140 12 319 -41 Grant Agreement No. 0000000000000000000038942 5. Evaluation Plan Project goal: The purpose of this project is to quantify the performance of full - scale, field - installed, iron - enhanced filtration trenches which will provide critical design, construction, and performance information for a practice that could be used to significantly reduce the dissolved phosphorus load entering wetlands, rivers, and lakes in Minnesota and beyond. Measures and Outcomes for Success: • Significant and cost - effective reduction of dissolved phosphorus by installed iron - enhanced filtration trenches. • Implementation of the iron - enhanced filtration trenches outside this project scope and within the project duration. • Feedback from the individuals responsible for the design, operation, and maintenance of facilities developed to retain dissolved contaminants. • Feedback from workshops, presentations, and seminars. • Publication of the project results in a professional stormwater journal and/or peer - reviewed journal. Methods: • Monitoring results will be analyzed by at least three methods of performance evaluation (e.g., concentration - based, load- based, percent exceedance). • Measurement uncertainty will be calculated and significance will be determined by appropriate statistical measures. • Individuals who respond to public outreach/participation activities with inquiries about the use of the iron - enhanced filtration trenches will be recorded and their progress towards implementation of similar systems will be tracked. • Feedback on the design, operation, and maintenance will be recorded and incorporated into project documents. • New installations of iron - enhanced filtration trenches will be discovered through contacts and tracked. • Feedback from the individuals responsible for operation and maintenance of new facilities to remove dissolved contaminants will be obtained. • Feedback from workshops, presentations, and seminars will be solicited and compiled, when appropriate. Controls: • The monitoring program will be carefully designed to ensure capture of water entering the iron - enhanced filtration trenches (not the water entering the pond) which is representative of the water that would typically be discharged from the pond during a storm event. This will ensure an accurate evaluation of only the iron - enhanced trenches and not the combination of the wet detention ponds and the iron - enhanced trenches. • The performance of the iron - enhanced trenches will be calculated by three methods to ensure accurate representation of the performance. • Any plausible alternative explanations for any results will be investigated, evaluated, and described in the project presentations, report, and /or publications. CR5140 13 319 - -11 Grant Agreement No. 0000000000000000000038942 6. Implementation Monitoring Currently, mass balance monitoring is the most widely used approach for evaluating the performance of stormwater BMPs (USEPA, 2002). This typically involves measurement of continuous flows coupled with a statistically defined sampling program to determine loads at inlet and outlet locations. Monitoring of stormwater BMPs, however, often requires substantial time and effort, with uncertainty in the results. Therefore, additional research has been done to improve monitoring and data analysis techniques to ensure accurate results. Monitoring is the most comprehensive assessment method and relies on natural rainfall and runoff. Flow measurement, sample collection, and sample analysis are required to determine the volume of water and mass pollutants entering and exiting the system. While monitoring is the only assessment method that provides data on runoff and pollutant loading for the local watershed, results will typically have large uncertainty because of the uncertainties and variability of the inflow (Weiss et al., 2007). For that reason, a large number of storms ( -20) need to be monitored to determine performance under most conditions. The most recent information and guidance on monitoring (Gulliver et al., 2010) will be used to ensure accurate monitoring results. 7. Quality Assurance Project Plan (QAPP) Measurements of discharge will utilize primary measurements such as volume drained over a known period of time. Volumes will be calibrated with a primary device such as a weighing tank. Water surface elevation levels will be measured with a sonic meter, and checked by visually reading a staff gauge. Orthophosphate (filtered, undigested) concentration will be measured by the Ecological Laboratory at St. Anthony Falls Laboratory according to Standard Methods (APHA 1998) 4500 -P, the Ascorbic Acid Method (E). Orthophosphate (filtered, undigested), total dissolved phosphorus (filtered, digested), and total phosphorus (unfiltered, digested) concentration will be measured by the Research Analytical Laboratories at the University of Minnesota according to RFA Methodology (1986) Orthophosphate A303 -S200 and Total Phosphorus A303 -S050 (Astoria - Pacific International PO Box 830, Clackamas, OR 97015 Also: O -I Analytical (Alpkem Division) PO Box 9010, 151 Graham Road, College Station, TX 77842). The budget includes cost assumptions associated with chemical analysis at the Ecological Laboratory at St. Anthony Falls Laboratory at an approximate rate of $3.00 per sample and at Research Analytical Laboratory at the current rate of $4.50 prep charge for filtering (0.45 µm filter), $9.00 for orthophosphate analysis, and $13.50 for total phosphorus analysis. Total cost per sample for analysis at Research Analytical Laboratory for Orthophosphate (filtered, undigested), total dissolved phosphorus (filtered, digested), and total phosphorus (unfiltered, digested) is $45.00 (orthophosphate = $4.50 + $9.00, total dissolved phosphorus = $4.50 + $13.50, total phosphorus = $13.50). The uncertainty in time, volume, water surface elevation, temperature, flow rate, and concentration measurements will be quantified and recorded with the data. A first -order technique will be used to determine measurement uncertainty, as described in Abernathy, et al. CR5140 14 319 -41 Grant Agreement No. 0000000000000000000038942 (1985). The MPCA will develop and approve a QAPP for sample handling, storage, and analysis which will be reviewed, signed, and followed by the City of Prior Lake and University of Minnesota staff responsible for monitoring. Final quality assurance details will follow MPCA quality assurance requirements and subject to MPCA project manager approval. CR5140 15 319 - -11 Grant Agreement No. 0000000000000000000038942 8. Project Budget and Expenditure Report OBJECTIVE 1: Design and Construction Unit Cost # of Units I _ Revenue Source Task 1a: Design and construct iron enhanced filter trenches (per hour, (hour.,` Cash Match I I Cost Category per mile, etc) mileage, etc.) �sf Grant Cash (State fund) In -Kind Match John Gulliver $167 OBJECTIVE 1: Design and Construction monitoring Task 1a: Design and construct iron enhanced filter trenches Task 2a: Install monitoring equipment Salary + Fringe Benefits + Indirect Costs Salary + Fringe Benefits + Indirect Costs John Gulliver $167 19 � - s 7 $3,173 John Gullive $167 a 112 s Research Fellow (AJE) $46 144 $6,624 11 ,1.69 Research Fellow (AJE) , Pete Weiss $90 14�$� $874 $1,260 x,$614 Undergrad student(s) Office Supply /Softere $53 1 $2,907 $53 _ - 7V3 Construction Costs 9 1 � c $0 $175,00075000 Equipment Ross Bintner $43 384 $6,551 $0 $9,007$ 1 $16,512 N , Seasonal Staff $13 384 a,1 $0 $4,992 Ross Bintner PLSL Watershed District 19 'a d 8 ar 0 ,1 0 , $0 $18,185 'gi$5 ScottWMO 38 �'�a �2I $1,026 $0 $18,185 Task 1a subtotal 153 r., 4 $11,110 $0 $232,874984 Task 2a subtotal21',i47 $18,140 $0 $9,007 27,147 TASK 1 Total?;, $11,110 $0 $232,874 . =�9r�4 OBJECTIVE 2: Conduct field monitoring Task 2a: Install monitoring equipment Salary + Fringe Benefits + Indirect Costs John Gullive $167 7 1$J $1,169 11 ,1.69 Research Fellow (AJE) $46 19 x,7 $874 x,$614 Undergrad student(s) $19 153 °1' (}7 $2,907 Pete Weiss $90 9 1 � c $810 1 77 {T � ,1 Equipment $7,779 2 $6,551 $9,007$ tiSEf Office Supply /SoftKere $1,997 1 a! $1,997 $1,9 Ross Bintner $43 19 'a d 8 ar $817 Graduate Engineer $27 38 �'�a �2I $1,026 i Seasonal Staff $13 153 $1,989 1t =$ Task 2a subtotal21',i47 $18,140 $0 $9,007 27,147 Task 2b: Field monitoring Salary + Fringe Benefits + Indirect Costs John Gulliver $167 76 $12,6921?992 Research Fellow (AJE) $46 153: $7,038 ri Pete Weiss $90 57 $5,130 Equipment - Maint & Repair $100 8- ,'i $800``'i �. Office Supply /Softmrs $51 1 x $51 = ,$51 Travel (mileage) $0.55 34561_,,_R $1,898 9 } ! Ross Bintner $43 115 $4,945 � w Graduate Engineer $27 1000 ° ` 1�,. , $27,000 Seasonal Staff $13 862 _ , r .`$'12b6 $11,206 SWCD or WD Staff $60 100 $6 000 $6,000F000' Task 2b subtotal .'tF $76,760 $0 $0 ,7 6Q' CR5140 16 319 - -11 Grant Agreement No. 0000000000000000000038942 Task 2c: Chemical analysis Unit Cost # of Units Revenue Source_ Task 4a: Establish partnerships Task 3a: Field monitoring data analysis Lab Supply /Services (SAFL) i, 2400 W HO $7,200 (per hour, (hours, Match Cash I Cost Category per mile, etc) mileage, etc.) Tq l t Grant Cash (State fund) In -Kind Match Task 2c: Chemical analysis Task 4a: Establish partnerships Task 3a: Field monitoring data analysis Lab Supply /Services (SAFL) $3 2400 W HO $7,200 Salary + Fringe Benefits + Indirect Costs Lab Supply /Services (RAL) $45 600 ) „ $27,000 John Gulliver $167 76.a Task 2c subtotal Research Fellow (AJE) $46 , $34,200 $0 $0 $8,832 TASK 2 Total Office Supply /SoftHere $48 Pete Weiss $129,1001 $0 $9,007 OBJECTIVE 3: Data Analysis Task 4a: Establish partnerships Task 3a: Field monitoring data analysis Salary + Fringe Benefits + Indirect Costs Salary + Fringe Benefits + Indirect Costs John Gulliver $167 76 John Gulliver $167 76.a $12,692 Research Fellow (AJE) $46 192 Research Fellow (AJE) $46 192' „ $8,832 $$, Office Supply /SoftHere $48 Pete Weiss $90 57 UP1 $5,130 Travel $2,500 1,�'�'.�l. � I30 Office Supply /Softmere $48 1 $4 $48 I, , Ross Bintner $43 76 i, $3,268 d! Task 3a subtotal 29, $29,970 $0 $0$, TASK 3 Total,;'", ; $29,970 $0 $0 �A OBJECTIVE 4: Public outreach and education Task 4a: Establish partnerships Salary + Fringe Benefits + Indirect Costs John Gulliver $167 76 ffi $6,346 $6,346 Research Fellow (AJE) $46 192 $4,416 $4,416 $$, Office Supply /SoftHere $48 $48 , f3. Travel $2,500 1,�'�'.�l. $2,500 u�i�llo°' Task 4a subtotal ,Sf $13,310 $0 $10,762 "1" Task 4b: Dissem!nation Salary + Fringe Benefits + Indirect Costs John Gulliver $167 76 m $ $6,346 $6,346 Research Fellow (AJE) $46 192u a $4,416 $4,416 Office Supply /Softere $51 1 � off Y $51 Travel $2,500 1 , ' °� $2,500 Ross Bintner $43 19 r :a5 ", 17 $817 Task 4b subtotal 4,9ni $14,130 $0 $10,762 y 2,92 Task 4c: Incorporation into education program Salary + Fringe Benefits + Indirect Costs John Gulliver $167 30 ^'N,(1 $5,010 In Office Supply /Softere $50 1 $50 Task 4c subtotal $5,060 $0 $0 a J ICI b bl Div TASK 4 Total 1111EM 5k $32,500 $0 $21,524 CR5140 17 319 - -11 Grant Agreement No. 0000000000000000000038942 OBJECTIVE 5: Publish final design Unit Cost # of Units Revenue Source Task 5a: Progress reports per hour, (hours, i Cash Match i s Cost Category per mile, etc) mileage, etc.) Cctf Grant Cash (State fund) I In -Kind Match �' OBJECTIVE 5: Publish final design standards and final report Task 5a: Progress reports Salary + Fringe Benefits + Indirect Costs John Gulliver $167 7 4,1 $1,169 69 Research Fellow (AJE) $46 15 10,o $690 Office Supply /Softviere $46 1 4 .R $46 Ross Bintner $43 15 xw-­ $645 Task 5a subtotal x $2,550 $0 $0 Task 5b: Prepare and submit design standards for publication Salary + Fringe Benefits + Indirect Costs John Gulliver $167 19 �` $3,173 Research Fellow (AJE) $46 173 ��`_ "�� $7,958 Pete Weiss $90 9 $810 Office Supply /SoftWe $50 1 ; �" � 5 k $50 ` A$Q Printing/Workshop /Report $200 1 $200 P rIM ) ' �� rrwo Ross Bintner $43 173 $7,439 .'.� Task 5b subtotal 774 is, $19,630 $0 $0 2H Task 5c: Prepare and submit draft final report Salary + Fringe Benefits + Indirect Costs John Gulliver $167 19 i� C 3 $3,173 ' P 3 Research Fellow (AJE) $46 967 $4,416 (II' Pete Weiss $90 9 : '.f80 $810 `y!° Office Supply /Softmere $49 1 $49 � Printing/Workshop /Report $100 1rr � $100��r' , Ross Bintner $43 115 'c; $2,4721 $2,473 Task 5c subtotal m d 3, $11,020 $0 $2,473' Task 5d: Prepare and submit Final Report Salary + Fringe Benefits + Indirect Costs John Gulliver $167 9 st ;_ $1,503 �e 3 Research Fellow (AJE) $46 19 $8741 t g�' Pete Weiss $90 9 ="F,. e $810 tFB, Office Supply /SoNtere $56 1 $56 - Printing/Workshop /Report $60 1� $60 Ross Bintner $43 19 �,a $817 t�7, Task 5d subtotal OW i'i$4 = 2Q $4,120 $0 $0 01 TASK 5 Total. $37,3201 $0 $2.473 CR5140 18 319 - -11 Grant Agreement No. 0000000000000000000038942 OBJECTIVE 1 TOTAL Unit Cost # of Units 3 Revenue Source $0 $232,874 (per hour, (hours ,F Cash Match ' �7 Cost Category per mile, etc) mileage, etc.) r , „fit Grant Cash I (State fund) I In -Kind Match OBJECTIVE 1 TOTAL Y. , 4 $11,110 $0 $232,874 � _ OBJECTIVE 2 TOTAL ?It , s $129,100 $0 $9,007 q� a OBJECTIVE 3 TOTAL ” , $29,970 $0 $0 OBJECTIVE 4 TOTAL; S) $32,500 $0 $21,524 OBJECTIVE 5 TOTAL '' $37,320 $0 $2,473$;9$! GRAND TOTAL am_ $240,000 $0 Explanation of Budget General Expenses: Wages: Hourly wages for Ross Bintner, graduate engineer(s), Seasonal Staff, and SWCD or WD staff in coordination with the City of Prior Lake; John Gulliver, a research fellow (Andy Erickson), and undergraduate student workers at the University of Minnesota; and a percentage of summer salary for Professor Peter Weiss, who will come to the University of Minnesota to work on the project. Professor Weiss has expertise in cost and performance of stormwater treatment practices, as well as iron - enhanced filtration media to remove dissolved pollutants. Office Supply /Software: Supplies for production of webinars, workshops, Stormwater U courses, biannual TAP meetings, and our quarterly newsletter. These supplies will include copies ($0.10 per page), printouts ($1.00 per page), folders ($1.00 each), and binding and presentation materials, among others. Software will be purchased for this project under task 2a (see below): Flowlink 5.1 Software, two user licenses, for retrieving measurement, parameter, and sample data from ISCO equipment. CR5140 19 319 -41 Grant Agreement No. 0000000000000000000038942 Equipment: Description Price (ISCO quote, 7/26/10 ) Number Needed Total Cost ( *Grant Funds Model 3700 Full Size Portable Sampler. Includes controller, top cover, center section, base, distributor arm, instruction manual, and pocket guide. Does not include bottle configuration kit or pump tubing. $2,630 2 $5,260 SWMO In -Kind Total 2 $5,260 24 -bottle Configuration for 3700 Full Size Portable Sampler. Includes 24 polypropylene 1 -liter bottles with caps, bottle retaining ring, and two pump tubes. $176 2 $352 SWMO In -Kind Total 2 $352 1 -liter polypropylene wedge-shaped bottles with caps, quantity 500 $1,235 1 $1,235* 710 Module with ultrasonic level sensor with 25 ft. cable. Includes sensor mounting bracket, instruction manual, and coupon for free ISCO Open Channel Flow Measurement Handbook. $1,696 2 $3,392* SPA 1347. Solar Panel with bracket, 40 watts, for use with customer supplied battery; 100 amp -hour or greater recommended. Includes pole mount bracket and 5/16 -inch terminal lugs for connection to lead acid battery. Does not include a 12 VDC connect cable from the battery to an ISCO device. $894 2 $1,788 Connect cable for external 12 VDC source. Six ft. cable for powering portable ISCO sampler or flow meters from an external 12 VDC source, such as an automotive or deep -cycle marine battery. Terminates in heavy -duty battery clips. For use with ISCO GLS, 3700, 6100, 6700 Series portable samplers; 4200 Series flow meters, and 150 Portable Peristaltic Pump. $68 2 $136 CR1000 Datalo er $1440 1 $1,440 MPCA In -Kind Total 1 $1,440 Enclosure $235 1 $235 MPCA In -Kind Total 1 $235 PSI 00 Rechargeable Power Supply $240 1 $240 MPCA In -Kind Total 1 $240 l OW Solar Panel $210 1 $210 MPCA In -Kind Total 1 $210 10ft Tripod $475 1 $475 MPCA In -Kind Total 1 $475 Tipping Bucket Rain Gage $350 1 1 $350 MPCA In -Kind Total 1 $350 Air Temp and Humidity $325 1 $325 MPCA In -Kind Total 1 $325 Radiation Shield $120 1 $120 MPCA In -Kind Total 1 $120 SWMO In -Kind Total: $5,612 MPCA In -Kind Total: $3,395 Grant Funds $6,551 TOTAL: $15,558 Estimated cost per setup (2 setups total) _ $7,779. CR5140 20 319 -41 Grant Agreement No. 0000000000000000000038942 Detailed Expenses (by task for items not listed above): Objective 2: Conduct Field Monitoring. Task 2a: Install Monitoring Equipment. Explanation: Office Supplies at $2; Software (Flow Link v5.1 software) at $1,995; Equipment will be provided as in -kind match in the equivalent of $5,612 from the Scott Watershed Management Organization (2 automatic samplers with sample bottles) and $3,395 from the Minnesota Pollution Control Agency (1 each of datalogger, enclosure, rechargeable power supply, solar panel, tripod, tipping bucket rain gauge, air temp and humidity sensor, radiation shield). Equipment provided by Scott Watershed Management Organization and Minnesota Pollution Control Agency is assumed to be state -of -the -art, in good working condition. The project team reserves the right to pursue a change order or amendment to the grant to move funds from other tasks to test or repair any equipment that is provided at lesser quality or to purchase equipment when adequate equipment cannot be provided by partners. The remaining equipment for 2 automatic sampling setups and 1 weather measurement station will be purchased through grants funds at a cost of $6,551. Task 2b: Field Monitoring. Explanation: Travel at $0.55 per mile X 55 miles per trip (Prior Lake City Hall to St. Anthony Falls Laboratory to Prior Lake City Hall) X 20 trips per year (1 per storm) X 3 years (3,300 miles total) totals $1,815. Travel at $0.55 per mile X 10 miles per trip (St. Anthony Falls Laboratory to Research Analytical Laboratory to St. Anthony Falls Laboratory) X 5 trips per year X 3 years (150 miles total) totals $82.50. Total travel cost = $1,815 + $82.50 = $1,897.50; Equipment maintenance and repair ($100 per visit X 4 visits per setup X 2 setups) totals $800. Task 2c: Chemical Analysis. Explanation: Approximately 2,400 samples (3 years X 2 setups X 20 storms per year X 20 samples per storm = 2,400) will be analyzed for orthophosphate concentration by the Ecological Laboratory at St. Anthony Falls Laboratory according to Standard Methods (APHA 1998) 4500 -P, the Ascorbic Acid Method (E) at approximately $3 per sample for a total cost of $7,200. Approximately 600 samples (3 years X 2 setups X 5 storms per year X 20 samples per storm = 600) will be analyzed for orthophosphate (filtered, undigested), total dissolved phosphorus (filtered, digested), and total phosphorus (unfiltered, digested) concentration by the Research Analytical Laboratories at the University of Minnesota according to RFA Methodology (1986) Orthophosphate A303- S200 and Total Phosphorus A303 -SO50 (Astoria- Pacific International PO Box 830, Clackamas, OR 97015 Also: 0-1 Analytical (Alpkem Division) PO Box 9010, 151 Graham Road, College Station, TX 77842). Total cost per sample for analysis at Research Analytical Laboratory for Orthophosphate (filtered, undigested), total dissolved phosphorus (filtered, digested), and total phosphorus (unfiltered, digested) is $45 (orthophosphate = $4.50 + $9.00, total dissolved phosphorus = $4.50 + $13.50, total phosphorus = $13.50) at the current rate of $4.50 prep charge for filtering (0.45 pm filter), $9.00 for orthophosphate analysis, and $13.50 for total phosphorus analysis. Total CR5140 21 319 -41 Grant Agreement No. 0000000000000000000038942 cost for analysis at the Research Analytical Laboratory is $27,000 (600 samples X $45 per sample). Objective 4: Public Outreach and Education. Task 4a: Establish Partnerships. Explanation: Travel including lodging, transportation, registration, and per diem to present results at workshops, seminars, and conferences. Task 4b: Dissemination. Explanation: Travel including lodging, transportation, registration, and per diem to present results at workshops, seminars, and conferences. While exact values for future expenses are unknown and out of the control of the project team, such travel expenses may include: • MN Water Resources Annual Conference at $773.40 per year (registration = $230 x 2 non - students + $50 x 3 students = $610; parking = $10 /day x 2 days x 3 vehicles = $60; mileage = $0.55 per mile x 58 miles per trip (Prior Lake City Hall to St. Paul River Centre to Prior Lake City Hall) x 2 trips + $0.55 per mile x 18 miles per trip (St. Anthony Falls Laboratory to St. Paul River Centre to St. Anthony Falls Laboratory) x 2 trips x 2 vehicles = $103.40) • MN Association of Watershed Districts Annual Conference at $518.65 per year (registration = $90; hotel = $85 per room per night x 2 nights = $170; mileage = $0.55 per mile x 303 miles per trip (Prior Lake City Hall to Arrowwood Conference Center, Alexandria, MN to Prior Lake City Hall) = $166.65; per diem $46 per day x 2 days = $92) • MN Lakes and Rivers Conference at $371.65 per year (registration = $95; hotel = $95 per room per night x 1 night = $95; mileage = $0.55 per mile x 163 miles (Prior Lake City Hall to St. Cloud Civic Center to Prior Lake City Hall) = $89.65; per diem $46 per day x 2 days = $92) • MN Collection System Operators Conference at $636.85 per year (registration = $300 per person x 2 = $600, mileage = $0.55 per mile x 40 miles per trip (Prior Lake City Hall to Ramada MOA, Bloomington, MN to Prior Lake City Hall) + $0.55 per mile x 27 miles (St. Anthony Falls Laboratory to Ramada MOA, Bloomington, MN to St. Anthony Falls Laboratory) = $36.85) Not all conferences and workshops will be attended every year of the project contract. It is unclear prior to submission which conferences will accept submitted abstracts, but the project team estimates that approximately $2,500 will be spent for each of task 4a and 4b. Objective 5: Publish final design standards and final report. Task 5b: Prepare and submit design standards for publication. CR5140 22 319 - -11 Grant Agreement No. 0000000000000000000038942 Explanation: Printing/Workshop/Report for $200 (2 sets (MPCA + publication) X 3 report copies X 150 pages per report copy X $0.10 per page = $90 + binding materials at $30 + general photocopy at 800 pages X $0.10 per page = $80). Task 5c: Prepare and submit draft final report. Explanation: Printing/Workshop/Report for $100 (3 report copies X 150 pages per report copy X $0.10 per page = $45 + binding materials at $15 + general photocopy at 400 pages X $0.10 per page = $40). Task 5d: Prepare and submit final report. Explanation: Printing/Workshop/Report for $60 (3 report copies X 150 pages per report copy X $0.10 per page = $45 + binding materials at $15). CR5140 23 319 -41 Grant Agreement No. 0000000000000000000038942 Project Report Summary Project Name: Assessing Iron Enhanced Filtration Trenches Project Support Summary: Please complete the following section for all the sources of match money and in -kind contributions for your project. `Sub - total' and `Total' cells will automatically add when you place the cursor in the middle of each of those cells and hit "F -9 ". Cash In -kind Total Project Project Sponsors Contribution Contribution Support To Project To Project (2 +3) 319 Grant amount requested $240,000 Clean Water Partnership Loan A. Proiect Sponsor - subtotals 1 $240,000 1 1 $240,000 Local Contributing Sponsors: 1. City of Prior Lake $198,997 $198,997 2. Prior Lake Spring Lake Watershed District $18,185 $18,185 3. Scott County Watershed Mgmt. Org. $23,797 $23,797 $0 $240,959 $240,959 B. Local Contributing Sponsors subtotals State and /or Federal Contributing Sponsors: 4. University of Minnesota $21,524 $21,524 5. Minnesota Pollution Control Agency $3,395 $3,395 6. $0 7. $0 8 $0 C. State and/or Federal Contributing $0 $24,919 $24,919 Sponsors Subtotals: (cannot be more that 20% of the total ro'ect costs SUBTOTAL: All ro'ect s onsors A +B +C $240,000 $265,878 $505,878 Total Cash Total In -kind Total Project Cost GRAND TOTALS $240,000 $265,878 $505,878 CR5140 24 319 - -11 Attachment B Federal Requirements for Section 319 FY2011 1. FISCAL YEAR 2011 ACORN FUNDING RESTRICTIONS Congress has prohibited EPA from using its FY 2011 appropriations to provide funds to the Association of Community Organizations for Reform Now (ACORN) or any of its subsidiaries. None of the funds provided under this agreement may be used for subawards /subgrants or contracts to ACORN or its subsidiaries. Recipients should direct any questions about this prohibition to their EPA Grants Management Office. 2. CONSULTANT CAP Payment to consultants. EPA participation in the salary rate (Excluding overhead) paid to individual consultants retained by recipients or by a recipient's contractors or subcontractors shall be limited to the maximum daily rate for a Level IV of the Executive Schedule (formerly GS -18), to be adjusted annually. This limit applies to consultation services of designated individuals with specialized skills who are paid at a daily or hourly rate. As of January 1, 2011, the limit is $596.00 per day and $74.50 per hour. This rate does not include transportation and subsistence costs for travel performed (the recipient will pay these in accordance with their normal travel reimbursement practices). Subagreements with firms for services which are awarded using the procurement requirements in 40 CFR 30 or 31, as applicable, are not affected by this limitation unless the terms of the contract provide the recipient with responsibility for the selection, direction, and control of the individuals who will be providing services under the contract at an hourly or daily rate of compensation. See 40 CFR 31.36(j) or 30.27(b). 3. COPYRIGHTED MATERIAL In accordance with 40 CFR 31.34 for State, local and Indian Tribal governments or 40 CFR 30.36 for other recipients, EPA has the right to reproduce, publish, use and authorize others to use copyrighted works or other data developed under this assistance agreement for Federal purposes. Examples of a Federal purpose include but are not limited to: (1) Use by EPA and other Federal employees for official Government purposes; (2) Use by Federal contractors performing specific tasks for the Government; (3) Publication in EPA documents provided the document does not disclose trade secrets (e.g. software codes) and the work is properly attributed to the recipient through citation or otherwise; (4) Reproduction of documents for inclusion in Federal depositories; (5) Use by State, tribal and local governments that carry out delegated Federal environmental program within their jurisdiction and; (6) Limited use by other grantees to carry out Federal grants provided the use is consistent with the terms of EPA's authorization to the other grantee to use the copyrighted works or other data. Under Item 6, the grantee acknowledges that EPA may authorize another grantee(s) to use the copyrighted works or other data developed under this grant as a result of: a. The selection of another grantee by EPA to perform a project that will involve the use of the copyrighted works or other data or; b. Termination or expiration of this agreement. In addition, EPA may authorize another grantee to use copyrighted works or other data developed with Agency funds provided under this grant to perform another grant when such used promotes efficient and effective use of Federal grant funds. 4. UTILIZATION OF SMALL, MINORITY AND WOMEN'S BUSINESS ENTERPRISES CR5140 [Type text] GENERAL COMPLIANCE, 40 CFR PART 33 The recipient agrees to comply with the requirements of EPA's Program for Utilization of Small, Minority and Women's Business Enterprises (MBE /WBE) in procurement under assistance agreements, contained in 40 CFR, PART 33. SIX GOOD FAITH EFFORTS, 40 CFR, PART 33, SUBPART C Pursuant to 40 CFR, Section 33.301, the recipient agrees to make the following good faith efforts whenever procuring construction, equipment, services and supplies under and EPA financial assistance agreement, and to ensure that sub - recipients, loan recipients, and prime contractors also comply. Records documenting compliance with the six good faith efforts shall be retained: (a) Ensure DBEs are made aware of contracting opportunities to the fullest extent practicable through outreach and recruitment activities. For Indian Tribal, State and Local and Government recipients, this will include placing DBEs on solicitation lists and soliciting them whenever they are potential sources. (b) Make information on forthcoming opportunities to the fullest extent practicable through outreach and recruitment activities. For Indian Tribal, State and Local and Government recipients, this will include placing DBEs on solicitation lists and soliciting them whenever they are potential sources. (c) Consider in the contracting process whether firms competing for large contracts could subcontract with DBEs, For Indian Tribal, State and local Government recipients, this will include dividing total requirements when economically feasible into smaller tasks or quantities to permit maximum participation by DBEs in the competitive process. (d) Encourage contracting with a consortium of DBEs when a contract is too large for one of these firms to handle individually. (e) Use the services and assistance of the SBA and the Minority Business Development Agency of the Department of Commerce. (f) If the prime contractor awards subcontracts, require the prime contractor to take the steps in paragraphs (a) through (e) of this section. MBE /WBE REPORTING, 40 CFR, PART 33, SECTIONS 33.502 AND 55.503 The recipient agrees to complete and submit EPA Form 5700 -51A, "MBE /WBE Utilization Under Federal Grants, Cooperative Agreements and Interagency Agreements" beginning with the Federal fiscal year reporting period the recipient receives the award, and continuing until the project is completed. Only procurements with certified MBE / WBEs are counted toward a recipient's MBE / WBE accomplishments. The reports must be submitted annually for the period ending September 30 for: 40 CFR PART 30 Recipients (Non- profits and institutions of Higher Education): and 40 CFR PART 35 Subpart A and Subpart B Recipients. The reports are due within 30 days of the end of the annual reporting period (October 30 h ). Reports should be sent to Adrianne M. Callahan, Region 5 MBE /WBE Coordinator USEPA, Acquisition and Assistance Branch 77 West Jackson Boulevard (MC -10J) Chicago, IL 50504 CR5140 [Type text] Final MBE / WBE reports must be submitted within 90 days after the project period of the grant ends. Your grant cannot be officially closed without all MBE / WBE reports. EPA form 5700 -52A may be obtained from the EPA Office of Small Business Program's Home Page on the Internet at www.3pa.gov /osbp 6. HOTEL -MOTEL FIRE SAFETY Pursuant to 40 CFR 30.18, if applicable, and 15 USC 2225a, the recipient agrees to ensure that all space for conferences, meetings, conventions, or training seminars funded in whole or in part with federal funds complies with the protection and control guidelines of the Hotel and Motel Fire Safety Act (PL 101 -391, as required), or to find other information about the Act. 7. REQUIREMENT FOR DATA UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBERS. A. Requirement for Data Universal Numbering System (DUNS) numbers. 1. No subaward may be made to an entity unless the entity has provided its DUNS number to MPCA. 2. Data Universal Numbering System (DUNS) number means the nine -digit number established and assigned by Dun and Bradstreet, Inc. (D &B) to uniquely identify business entities. A DUNS number may be obtained from D &B by telephone (currently 866 -705 -5711) or the Internet (currently at http: / /fedgov.dnb.com /webform 8. LOBBYING AND LITIGATION — ALL RECIPIENTS The chief executive officer of this recipient agency shall ensure that no grant funds awarded under this assistance agreement are used to engage in lobbying of the Federal Government or in litigation against the United States unless authorized under existing law. The recipient shall abide by its respective OMB Circular (A -21, A -87, or A- 122), which prohibits the use of federal grant funds for litigation against the United States or for lobbying or other political activities. 9. MANAGEMENT FEES Management fees or similar charges in excess of the direct costs and approved indirect rates are not allowable. The term "management fees or similar charges" refers to expenses added to the direct costs in order to accumulate and reserve funds for ongoing business expenses, unforeseen liabilities, or for other similar costs which are not allowable under this assistance agreement. Management fees or similar charges may not be used to improve or expand the project funded under this agreement, except to the extent authorized as a direct cost of carrying out the scope of work. 10. RECYCLED PAPER — PART 31 RECIPIENTS — STATE, TRIBES & LOCAL GOVERNMENTS In accordance with the policies set forth in EPA Order 1000.25 and Executive Order 13423, Strengthening Federal Environmental, Energy and Transportation Management (January 24, 2007), the recipient agrees to use recycled paper and double -sided printing for all reports which are prepared as a part of this agreement and delivered to EPA. This requirement does not apply to reports prepared on forms supplied by EPA, or to Standard Forms, which are printed on recycled paper and are available through the General Services Administration. 11. RECYCLED PRODUCTS — POLITICAL SUBDIVISIONS CR5140 [Type text] Any agency of a political subdivision of a State which is using appropriated Federal funds shall comply with the requirements set forth in Section 6002 of the Resource Conservation and Recovery Act (RCRA) (42 U.S.C. 6962). Regulations issued under RCRA Section 6002 apply to any acquisition of an item where the purchase price exceeds $10,000 or where the quantity of such items acquired in the course of the preceding fiscal year was $10,000 or more. RCRA Section 6002 requires that preference be given in procurement programs to the purchase of specific products containing recycled materials identified in guidelines developed by EPA. These guidelines are listed in 40 CFR 247. 12. QUALITY ASSURANCE No costs for environmentally related measurements or data generation can be incurred by any entity other than the MPCA, until quality assurance practices for the project are documented and approved by the MPCA. If quality assurance practices are approved, costs for environmentally related measurements or data generation shall be reimbursable. [40 C.F.R. 31.45.] All water monitoring programs and projects that involve environmental data acquisition from direct measurement activities or laboratory analysis must have an approved Quality Assurance Project Plan (LAPP) to ensure that the data collected are of known and suitable quality and quantity. The Contractor shall cooperate in the State's development of the CAPP, as necessary, and comply with the requisite elements of the plan. 13. SINGLE AUDIT ANNUAL REPORTING REQUIREMENT In accordance with OMB Circular A -133, which implements the Single Audit Act, the recipient hereby agrees to obtain a single audit from an independent auditor, if it expends $500,000 or more in total Federal funds in any fiscal year. Within nine months after the end of a recipient's fiscal year, or 30 days after receiving the report from the auditor, the recipient shall submit the SF -SAC and a Single Audit Report Package. The recipient MUST submit the SF -SAC and a Single Audit Report Package, using the Federal Audit Clearinghouse's Internet Data Entry System. For complete information on how to accomplish the single audit submissions, you will need to visit the Federal Audit Clearinghouse Web site: http : / /harvester.census.gov /fac/ 14. SUSPENSION & DEBARMENT: 2 CFR PART 1532 Recipient shall fully comply with Subpart C of 2 CFR Part 180 and 2 CFR Part 1532, entitled "Responsibilities of Participants Regarding Transactions (Doing Business with Other Persons)." Recipient is responsible for ensuring that any lower tier covered transaction as described in Subpart B or 2 CFR Part 180 and 2 CFR Part 1532, entitled "Covered Transactions," includes a term or condition requiring compliance with Subpart C. Recipient is responsible for further requiring the inclusion of a similar term or condition in any subsequent lower tier covered transactions. Recipient acknowledges that failing to disclose the information as required at 2 CFR 180.335 may result in the delay or negation of this assistance agreement, or pursuance of legal remedies, including suspension and debarment. Recipient may Access the Excluded Parties List System at www.epls.gov This term and condition supersedes EPA Form 5700 -49, "Certification Regarding Debarment, Suspension, and Other Responsibility Matters." 15. TRAFFICKING IN PERSONS a. Provisions applicable to a recipient that is a private entity. 1. You as the recipient, your employees, subrecipients under this award, and subrecipients' employees may not— L Engage in severe forms of tracking in persons during the period of time that the award is in effect; ii. Procure a commercial sex act during the period of time that the award is in effect; or iii. Use forced labor in the performance of the award or subawards under the award. CR5140 [Type text] 2. The Environment Protection Agency (EPA) may unilaterally terminate this award, without penalty, if you or a subrecipient that is a private entity – i. Is determined to have violated a prohibition in paragraph a.1 of this award term; or; ii. Has an employee who is determined by the agency official authorized to terminate the award to have violated a prohibition in paragraph a.1 of this award term through conduct that is either – A. Associated with performance under this award; or B. Imputed to you or the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2CFR Part 180, "OMB Guidelines to Agencies on Government -wide Debarment and Suspension (Nonprocurement)," as implemented by our Agency at 2 CFR 1532. b. Provision applicable to a Recipient other than a private entity. The EPA may unilaterally terminate this award, without penalty, if a subrecipient that is a private entity - 1. Is determined to have violated an applicable prohibition in paragraph a.1 of this award term; or 2. Has an employee who is determined by the agency official authorized to terminate the award to have violated an applicable prohibition in paragraph a.1 of this award term through conduct that is either – i. Associated with performance under this award; or ii. Imputed to the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2CFR Part 180, "OMB Guidelines to Agencies on Government -wide Debarment and Suspension (Nonprocurement)," as implemented by our Agency at 2 CFR 1532. c. Provisions applicable to any recipient. 1. You must inform the MPCA immediately of any information you receive from any source alleging a violation of a prohibition in paragraph a.1 of this award term. 2. Our right to terminate unilaterally that is described in paragraph a.2 or b of this section: L Implements Section 106(g) of the Trafficking Victims Protection Act of 2000 (TVPA), as amended (22 U.S.C. 7104(8)), and ii. Is in addition to all other remedies for noncompliance that are available to us under this award. 3. You must include the requirements of paragraph a.1 of this award term in any subaward you make to a private entity. d. Definitions. For purposes of this award term: "Employee" means either: i. An individual employed by you or a subrecipient who is engaged in the performance of the project or program under this award; or ii. Another person engaged in the performance of the project or program under this award and not compensated by you including, but not limited to, a volunteer or individual whose services are contributed by a third party as an in -kind contribution toward cost sharing or matching requirements. 2. "Forced labor" means labor obtained by any of the following methods: the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery. 3. "Private entity" means any entity other than a State, local government, Indian tribe, or foreign public entity, as those terms are defined in 1 CFR 175.25. Includes: A. A nonprofit organization, including any nonprofit institution of higher education, hospital, or tribal organization other than one included in the definition of Indian tribe at 2 CFR 175.25(b). B. A for - profit organization. CR5140 [Type text] 4. "Severe forms of trafficking in persons," "commercial sex act," and "coercion" have the meanings given at Section 103 of the TVPA, as amended (22 U.S.C. 7102). 16. FEDERAL STATUTORY REQUIREMENTS (As Applicable) Recipient: Shall 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 Office of Personnel Management (OPM's) Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F). Shall comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: 1) 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; 2) 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; 3) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §794), which prohibits discrimination on the basis of handicaps; 4) the Age Discrimination Act of 1975, as amended (42 U.S.C. §6101- 6107), which prohibits discrimination on the basis of age; 5) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92 -255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) 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; and 7) § §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. C. Shall 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, 84 Stat 1894, 42 USC 4601), as amended by the Surface Transportation and Uniform Relocation Assistance Act of 1987 (PL 100 -17, 101 Stat 246 -255, 42 USC 4601 note) as set forth in 49 CFR Part 24, which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. d. Shall comply, as applicable, with provisions of the Hatch Act (5 U.S.C. 01501 -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. e. Shall comply, as applicable, with the provisions of the Davis -Bacon Act (40 U.S.C. 276a- 276a -7), as supplemented by Department of Labor regulations (29 C.F.R. Part 5), the Copeland Act (40 U.S.C. §§ 276c and 18 U.S.C. §§ 874), as supplemented by Department of Labor regulations (29 C.F.R. Part 3), and Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. §§ 3701 -3708 (replacing 40 U.S.C. §§ 327 - 333)), as supplemented by Department of Labor regulations (29 C.F.R. Part 5), regarding labor standards for federally assisted construction and certain non - construction subagreements. 40 U.S.C. §§ 3701 -3708 apply to federally funded contracts over $100,000 involving the employment of mechanics or laborers (including watchmen, guards, and workers performing certain services in any river or harbor of the United States). Shall comply, if applicable, 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 CR5140 [Type text] 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. g. Shall comply with environmental standards which may be prescribed pursuant to the following: 1) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91 -190) and Executive Order (EO) 11514; 2) notification of violating facilities pursuant to EO 11738; 3) protection of wetlands pursuant to EO 11990; 4) evaluation of flood hazards in floodplains in accordance with EO 11988; 5) 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.); 6) 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.); 7) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93 -523); and 8) protection of endangered species under the Endangered Species Act of 1973, as amended, (P.L. 93 -205). h. Shall 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. i. Shall assist the Environmental Protection Agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470), E011593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. 469a -1 et. seq.). Shall comply with 40 CFR Part 26, regarding the protection of human subjects involved in research, development, and related activities supported by this Contract. k. Shall comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89 -544, as amended, 7 U.S.C. 2131 et. seq.) pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by this Contract. I. Shall 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. M. Shall ensure that all conferences, meetings, convention or training space funded in whole or in part with Federal funds, complies with the protection and control operation guidelines of the Hotel and Motel Fire Safety Act. Recipients may search the Hotel -Motel National Master List at www.usfa.dhs.gov /applications /hotel to see if a property is in compliance, or to find other information about the Act. n. Shall assure that any Best Management Practices (BMP) implemented for the project are properly maintained and operated for the intended purposes during their life span. The EPA and the State reserve the right to inspect a practice during its life span to ensure that operation and maintenance are occurring. If best management practices are not maintained in an appropriate manner, the EPA or State may request a refund for that practice supported by the grant. Operation and Maintenance are activities required to provide for the dependable and economical functioning of a BMP during its useful life. Operation means effective and efficient control of the processes and equipment, structures, facilities, accessories or appurtenances which make up the BMP, including financial and personnel management, record keeping, laboratory processes and planning. Maintenance means the preservation of function integrity and efficiency, and includes preventative maintenance, corrective maintenance and equipment replacement. CR5140 [Type text] o. Within one year of the execution of this agreement, the recipient shall prepare and submit to the State a BMP Continuing Operation and Maintenance Plan, which shall address at least the following: (a) Proposing minimum useful lives to be assigned to each particular type of BMP, where the minimum useful life period over which operation and maintenance shall be untaken. (b) Designation of responsibilities for the continuing operation and maintenance of BMP's including: (i) Identifying each step or task necessary to ensure the continuing efficient operation of each BMP and then designating who shall be responsible for each. (ii) Describing the administrative, legal, financial or other commitments and responsibilities necessary to ensure the continuing efficient operation of each BMP. (c) Where individual land managers, local units of government, agencies, or organizations other than the recipient shall be delegated complete or partial responsibility for the continuing operation and maintenance of BMPs, the recipient shall describe the administrative, legal and fiscal arrangements, including remedial action which shall be utilized to ensure that the continuing operation and maintenance of BMPs is carried out. (d.) A procedure for monitoring and reporting the continuing operation and maintenance of each BMP for its minimum useful life. (e) Notwithstanding any other provisions of this agreement, the State may withhold any payment of funds until such time as the recipient implements or enacts a Best Management Practices Continuing Operation and Maintenance Plan. P. Shall comply with all applicable requirements of all other Federal laws, executive orders, regulations and policies governing this program. CR5140 [Type text]