Bid Notice.pdf

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Attached to
Water Treatment Plant Alternative Fuel Conversion
Solicitation number
5074
Issued by
Contra Costa County, California

About this file

Summary

This is a Request for Proposals (RFP) issued by the City of Pittsburg Public Works Department, Engineering Division, in Pittsburg, California, for professional design services related to Project #5074, the Water Treatment Plant Alternative Fuel Conversion. The City seeks qualified engineering consultants to prepare a complete construction bid package including improvement plans, technical specifications, and construction cost estimates for converting the Water Treatment Plant to alternative fuel sources. The project is funded by a $959,752 federal earmark through the U.S. Environmental Protection Agency under the Safe Drinking Water State Revolving Fund (DWSRF) with grant number 97T37401. Proposals are due electronically by 2:00 p.m. on July 20, 2026, addressed to Mariana Mena, Senior Civil Engineer at mmena@pittsburgca.gov. No job walk will be held by the City, though the site is available for in-person visits as necessary. The selection timeline includes written question submissions by July 13, 2026, finalist identification by August 3, 2026, and notification of award by August 7, 2026. The consulting services agreement will require approval by City Council, with design work commencing on September 1, 2026. The scope of services includes preliminary engineering, feasibility analysis, cost-benefit analyses, Plans, Specifications & Estimate (PS&E) package development, CEQA and NEPA environmental compliance, quarterly and annual progress reports, and bid phase support.

Compensation will be provided on a fixed hourly rate basis for each class of employee engaged directly in the work, with fully burdened rates including all fringes, benefits, overhead, and profits. The cost proposal, including hourly rates and estimated hours for each task, must be submitted in a separate sealed envelope and will only be opened after evaluation of the top-ranked firm, with the maximum cost proposal representing no more than 5% markup on sub-consultants. Evaluation criteria are weighted across six categories: Firm Qualifications and Staffing (30 points), Project Management Approach (20 points), Project Schedule (10 points), Compliance with RFP (10 points), Ability to Complete Federal-Aid Projects (15 points), and Familiarity with Public Works Projects (15 points), for a maximum total score of 500 points. The project is funded entirely through EPA federal sources; however, the Community Grants Program Implementation Plan indicates that Community Grant recipients must provide a 20% non-federal cost share from eligible sources unless approved for a waiver. Davis Bacon Act prevailing wage requirements, Build America Buy America (BABA) compliance, and American Iron and Steel (AIS) requirements apply to the construction phase. All respondents must be qualified to execute the City's Consulting Services Agreement, obtain a City business license prior to starting work, and comply with insurance coverage, federal provisions, and indemnification requirements.

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Request for Proposals for the Professional Design Services of Project #5074 Water Treatment Plant Alternative Fuel Conversion

Pittsburg, California city logo

Request for Proposals

For the Professional Design Services of

Project #5074

Water Treatment Plant Alternative Fuel Conversion

U.S. Environmental Protection Agency Grant Number: 97T37401

Responses due:

2:00 p.m., Monday, July 20, 2026

City of Pittsburg Public Works Department, Engineering Division

65 Civic Avenue, Pittsburg, CA 94565

Proposals to be submitted electronically, email to:

Attn: Mariana Mena, P.E.

Email: mmena@pittsburgca.gov

Table of Contents

SECTION I - NOTICE TO RESPONDENTS 1

a. INTRODUCTION 1

b. RESPONDING REQUIREMENTS 1

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c. BACKGROUND 2

d. PROJECT DESCRIPTION 2

e. SCOPE OF SERVICES 4

SECTION II – SUBMISSION REQUIREMENTS 5

f. SUBMITTAL FORMAT 5

g. EVALUATION CRITERIA 6

h. TIMELINE FOR SELECTION PROCESS 8

i. FEDERAL AID PROVISIONS 8

j. OTHER REQUIREMENTS 9

APPENDIX A – COMMUNITY GRANT PROGRAM IMPLEMENTATION PLAN 10

APPENDIX B – SAMPLE CONSULTING SERVICES AGREEMENT 11

APPENDIX C – DAVIS BACON 11

Section I - Notice to Respondents

Introduction

The City of Pittsburg (hereinafter referred to as "City"), as the Lead Agency, is seeking proposals from qualified engineering consultants possessing the skills, knowledge and experience for the preparation of a complete construction bid package including improvement plans, technical specifications, and a construction cost estimate for the proposed Water Treatment Plant Alternative Fuel Conversion Project (hereinafter referred to as "Project"). The City intends to enter into a Consulting Services Agreement (CSA) for Professional Services with the selected firm. The CSA, as negotiated, will require consideration for approval by the City Council.

The City intends to enter into a Consulting Services Agreement (CSA) for Professional Services with the selected firm. The CSA, as negotiated, will require consideration for approval by the City Council. The City may not select any firm, depending on the response received to this “Request for Proposals” (RFP).

The consultant design team shall perform all professional, technical engineering and electrical services necessary to prepare a complete Plans, Specifications, & Estimate (PS&E) package with required reports suitable for the advertising, bidding, and construction process. The PS&E package shall meet all Federal and

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City requirements. The general scope of services outlined below is provided only as a guide in this “Request for Proposals” (RFP). Consultants should provide a detailed scope of services in their submitted work proposal as necessary to reflect the method and procedure in which they intend to provide the required professional services consistent with the general scope of services

The consultant will be paid an agreed upon and supported specific fixed hourly rate for each class of employees engaged directly in the work. Such rates of pay include the consultant’s estimated costs and net fee (profit). The specific rates of compensation, except for an individual acting as a sole proprietor, are to include an hourly breakdown, direct salary costs, salary additives, indirect costs, and net fee.

Other direct costs may be set forth as an element of the specific rate or may be included as independent cost items.

Questions regarding the RFP shall be submitted by email to Mmmena@pittsburgca.gov and KLabao@pittsburgca.gov. To allow time for the issuance of the addenda, if necessary, questions shall only be accepted until seven

(7) calendar days prior to the RFP deadline. Firms must email this address and request to be added to the RFP recipient list to receive any issued addenda to this RFP. Requests to be added to the recipient list must include company name, address, phone number, and contact person.

Responding Requirements

To be considered for qualifications and potential selection for performing the services requested, interested firms are required to submit one (1) hard copy and one (1) electronic copy in PDF format on a USB Flash drive of their response to this RFP including all items described herein.

Interested firms are encouraged to submit the RFP package, excluding rate schedule, to the following email Mmmena@pittsburgca.gov, and KLabao@pittsburgca.gov, in the event mailed packages are delayed.

Background

All responses must be received no later than the due date and time noted.

Responses shall be addressed, or hand delivered to:

City of Pittsburg ATTN: Mariana Mena, Senior Civil Engineer

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Engineering Division 65 Civic Avenue Pittsburg, CA 94565

The Engineering Division for the City is located on the first floor of City Hall at 65 Civic Avenue, Pittsburg, California, 94565.

Submittals received after the due date and time noted above will not be evaluated or considered.

Note: Submittals must be clearly marked on the exterior “PROJECT#5074 Water Treatment Plant Alternative Fuel Conversion RFP”

The City of Pittsburg (the City) operates a Water Treatment Plant (WTP) and purveys high quality drinking water to all Pittsburg residents and businesses. The City of Pittsburg also operates a Municipal Utility – the Pittsburg Power Company.

In 2024, the City was selected for a $959,752 federal earmark through the House Appropriations Committee and is eligible for receipt through the administering party, the US EPA under the Safe Drinking Water State Revolving Fund. The program provides a valuable source of federal funding for water infrastructure that complements the resources Congress provided in the 2022 Bipartisan Infrastructure Law and the annual appropriations process. The funding awarded to the City is intended to identify and install alternative off-grid power generation technology to meet the energy demand of the City’s WTP.

The City desires to hire a consultant to perform preliminary engineering, a feasibility check to identify cost-effective improvements within the allotted budget, prepare package, contract bid documents, and support during the bid process.

The site is available for in-person visit as necessary for preparing the response for this RFP. No job walk will be held by the City.

Project Description

The objective of this project is to identify and install alternative power technology and establish Pittsburg Power service at the WTP to supplement the energy consumption of the WTP with off-grid, less expensive energy. The treatment plant currently draws over 4 million kilowatts of electricity from regional energy provider- Pacific Gas and Electric (PG&E), resulting in over $1 million in energy costs each year, which are passed on to residents.

The Water Treatment Plant is located in the City of Pittsburg in Contra Costa County, CA, see Figure 1 below. A general map of the city–the Water Treatment Plant’s service area – is shown in Figure 2.

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Figure 1. Project Location

Street map centered on the project site, marked by a red location pin near several light-blue water features and facility buildings west of Crestview Dr and north of Hillsdale Dr.

This figure shows the immediate neighborhood around the project location.

Visible map labels: The Israel Of God - Bay Area; Alvarado Ave;

Atherton Ave; Robinson Ave; Ravine Dr; Crestview Dr; Orinda Cir; Petar Ln; Orinda Ln; San Carlos Pl; Olympia Dr; Augusta Dr; Mori St; Heights Elementary Sch; Hermano mecanico; Enea Dr; Dryer Vent Pros & Air Duct Cleaning; G C Dental Lab; Malibu Pl; Hillsdale Dr; Riverview Dr;

Linscheid Dr; Seeno Ave. Additional partially visible right-edge labels appear as Al..., Tiffany D..., Hamb..., and Manvil

Figure 2. Site Map

Aerial site map of Pittsburg and the surrounding area with a red dashed boundary outlining the city, waterfront islands to the north, and transportation corridors crossing the city.

This figure shows a broader regional site map around Pittsburg.

Visible map labels: Suisun Bay; Chipps Island; Sacramento River;

Sacramento Contra Costa; Browns Island; Winter Island; New York

Slough; Pittsburg; Bay Point; Antioch; Caltrans Right of Way;

Burlington Northern Santa Fe; Union Pacific; NWS Seal Beach Det

Concord; Contra Loma Regional Park. Additional partially visible water labels appear at the right edge, including Sherman Lake and San J

See Exhibit B for additional details of the project.

Scope of Services

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The scope of services to be requested of the selected firm is to only include planning and design as follows:

1. Prepare draft plans, specifications, and detailed cost estimates with a minimum of three progress submittals at 35%, 65%, and 100%.

2. CEQA clearance to include environmental reviews and documentation, interconnection agreements, and all necessary elements to support construction activities and regulatory compliance.

3. Prepare final reproducible plans and specifications with a final cost estimate and submit to the City in electronic and hard copy format.

4. Quarterly and annual progress reports

5. Perform planning activities, including:

a. Development of a Request for Proposal (RFP) to assess market demand and solicit bids from various alternative energy providers (e.g., solar, hydrogen fuel cells).

b. Conduct cost-benefit analyses of alternative energy solutions.

c. Support selection of a contractor for final design and implementation.

d. Identify and obtain required environmental permits and approvals.

e. Manage the design contract.

f. Support the City’s long-term goal of achieving energy independence from Pacific Gas and Electric Company and transitioning service to Pittsburg Power Company.

g. Utilize an RFP-based approach due to phased implementation, evolving energy technologies, varied feedstocks, and budget constraints.

6. Develop the RFP package to include:

a. Performance-based scope of work

b. Supporting figures and schedules

c. General contractual requirements

7. Provide oversight during the design phase following contract award, including:

a. Review of final design and engineering specifications

b. Coordination of surveying for existing conditions

8. Complete environmental compliance and coordination tasks, including:

a. Compliance with California Environmental Quality Act and National

Environmental Policy Act

b. Submittal of project applications to Pacific Gas and Electric Company for interconnection agreements, as Pittsburg Power Company will operate independently of PG&E

Section II – Submission Requirements

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Submittal Format

The nature and form of response is at the responder's discretion. It must not exceed the total of twenty (20) single-sided, or ten (10) double-sided, 8.5” x 11” pages plus a cover letter for the initial submission. Key staff resumes should also be included.

Key staff resumes and Caltrans/FHWA forms required with the submittal are not counted toward the allotted number of pages.

One hard and one electronic copy is required. As a minimum, the proposal should contain the following information:

A general introduction and description of the proposal and demonstration of the Consultant’s understanding of the project. The cover letter shall be dated and addressed to: Mariana Mena, Senior Civil Engineer, City of Pittsburg, Public Works Department.

Copy of signed addenda to acknowledge receiving the addenda if any are issued (addenda will be emailed to firms on RFP recipient list).

Firm Information: Legal name, year established, address, type of organization (partnership, corporation, etc.) and telephone numbers of the principal office (national headquarters) and local office. If services are provided from additional locations, provide this information for these sites also. Company name, address, contact information, and a brief description of the firm's qualifications and experience in preparing a complete public infrastructure design services for similar projects.

Staff: Name, title, address, and telephone numbers, and E-mail address of the person to whom correspondence should be directed. Names of principals, their professional qualifications and registration numbers.

Project Team: Names and resumes of key personnel who will be assigned to this project, including their relevant experience and certifications. Clearly define the roles and responsibilities of each team member. Describe your staffing availability or how you will staff up or partner to meet the requirements of this contract. Describe your firm’s project management organization and approach.

Understanding of the Project: Demonstrate a clear understanding of the project's objectives, scope, potential constraints, and necessary requirements for a cohesive design to be within budget. Demonstrate ability to coordinate the work between various engineering disciplines to produce complete and accurate designs.

Cost Proposal: Under a separate sealed envelope, consultants shall provide a fully burdened hourly rate schedule for the proposed staff and any reimbursable expenses. Rate schedule will be opened only after RFP evaluation for the top ranked firm. a detailed breakdown of the proposed fees for each task and subtask, including hourly rates and estimated hours, is to be submitted. The hourly rate shall consist of a fully burdened

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Additional content from previous item: hourly rate including all fringes, benefits, overhead, and profits. A suggested format for the cost proposal is provided below:

Task Staff Classification

Staff 1… Staff 2… Staff 3… Task Hours Task Total ($)

Task ID#

Subtask A

Subtask B

Subtask C

Staff Hours

Labor Rate ($)

Subtotal Labor

Sub-consultants

Reimbursable Expenses

Total

Sub-consultants: List of all sub-consultants proposed for this project. Include their qualifications, previous experience, and specific responsibilities. The markup on sub-consultants shall not exceed 5%.

References: At least three (3) related projects including contract value, project description, total project budget, contact names, and phone numbers (email address if available).

Schedule: Provide a project schedule assuming a start date of September 1, 2026.

Each applicant shall bear all costs associated with their response to this RFP. All submittals will become, and remain, the property of the City of Pittsburg.

Submittals or additional information received by the City after the submittal deadline will not be considered in the selection process unless additional information is requested by the review panel. If participation with this RFP was not adequate, the City reserves the right to issue additional RFP's.

Evaluation Criteria

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Proposals will be evaluated according to each Evaluation Criteria and scored on a zero to five-point rating. The scores for all the Evaluation Criteria will then be multiplied according to their assigned weight to arrive at a weighted score for each proposal. The submittal with a high weighted total will be deemed of higher quality than a proposal with a less weighted total. The final maximum score for any submittal is five hundred (500) points.

Rating Scale

0 Not Acceptable

Non-responsive, fails to meet RFP specifications. The approach has no probability of success. For mandatory requirement this score will result in disqualification of submittal.

1 Poor

Below average, falls short of expectations, is substandard to that which is the average or expected norm, has a low probability of success in achieving project objectives per RFP.

2 Fair Has a reasonable probability of success, however, some objectives may not be met.

3 Average

Acceptable, achieves all objectives in a reasonable fashion per RFP specification. This will be the baseline score for each item with adjustments based on interpretation of submittal by Evaluation Committee members.

4 Above Average/Good Very good probability of success, better than that which is average or expected as the norm. Achieves all objectives per RFP requirements and expectations.

5 Excellent/Exceptional

Exceeds expectations, very innovative, clearly superior to that which is average or expected as the norm. Excellent probability of success in achieving all objectives and meeting RFP specification.

Proposals will be evaluated and scored based on the following criteria:

Firm Qualifications and Staffing (30 points): Relevant experience, specific qualifications, and technical expertise of the firm and sub-consultants for projects similar in nature, if not matching the scope of work included in the project.

Project management approach (20 points): Team is managed by an individual with appropriate experience in similar projects. This person’s time is appropriately committed to the project. Team successfully addresses design and construction constraints for work within an active public right-of-way.

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Project team and management approach responds to project issues. Team structure provides adequate capability to perform both volume and quality of needed work within project schedule milestones.

Project Schedule (10 points): Schedule shows completion of the design work assuming start of design work on September 1, 2026. The schedule serves as a project timeline, stating all major milestones and required submittals for project management, internal and external stake holders’ engagement, and Federal-Aid compliance and Caltrans review/approval. The schedule addresses all knowable phases of the Project; Consultants should factor in additional time that may be required due to reasonably foreseeable types

Additional content from previous item: of delays. The consultant shall expect a 2-week turnaround time for the City’s review of deliverables.

Compliance with RFP (10 points): The ability of the Consultant to comply with all instructions set forth under this RFP as well as the Consultant’s ability to agree to all the terms and conditions of the attached CSA without modification.

Firm’s Ability to Complete Federal-Aid Projects (15 points): Demonstrated knowledge and experience by key staff of the documents, documentation, and steps required to prepare PS&E documents.

Familiarity with Public Works Projects (15 points): Team and its leaders have experience working in the public sector and knowledge of public sector procurement process. Team leadership understands the nature of public sector work and its decision-making process. RFP responds to the need to assist the City during the project.

Timeline for Selection Process

June 18, RFP released to prospective consultants and posted for general solicitation.

July 13, Written questions due.

Answers may be provided at the sole discretion of the city and will be distributed electronically to all proposers. Firms must email mmena@pittsburgca.gov, and klabao@pittsburgca.gov and request to be added to the RFP recipient list to receive any issued addenda to this

RFP.

July 20, Submittal Deadline – Proposals shall be submitted electronically by 2:00 p.m.

Incomplete responses, late responses, and/or responses not in

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August 3, 2026

Finalists identified and shortlisted – Selection committee reviews submissions for compliance with the RFP requirements for submittal, evaluates the consultant’s qualifications, and reviews qualified submissions to identify finalists. Notifications will be sent to all responders. (Shortlisted consultants may be asked for an interview)

August 7, 2026 Selection committee notifies top consultant for award of Agreement.

Federal Aid Provisions

The consultant shall demonstrate familiarity with providing services for federally funded projects and have a clear understanding of the requirements needed to facilitate the project

Other Requirements through the US Environmental Protection Agency.

OTHER REQUIREMENTS

A contract will not be awarded to a consultant without an adequate financial management and accounting system as required by 49 CFR Part 18, 48 CFR Part 31, and 2 CFR Part 200.

The scope of PES services to be requested of the selected firm are expected to include, but not necessarily be limited to, the following tasks: Air Quality- PM2.5 Email from (Metropolitan Transportation Commission) MTC, Area of Potential Effects (APE) Map, Historic Property Survey Report (HPSR), Historical Resources Evaluation Report (HRER), and Archaeological Survey Report (ASR).

The Consultant is required to execute the City’s CSA. A sample copy of the CSA is attached for reference (Appendix D). Special requirements of the agreement include insurance coverage amounts, mandatory federal provision, and indemnification. The selected consultants, and sub-consultants, and contractors, will be required to obtain a city business license prior to starting work. The Consultant shall state any exceptions to or deviations from the requirements of this

RFP.

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Litigation: Indicate if the proposing Consultant was involved with any litigation in connection with prior projects. If yes, briefly describe the nature of the litigation and the result.

Appendix A – Community Grant Program Implementation Plan

Community Grants Program: Final Implementation Guidance Community Grants Program

Final Implementation Guidance

Contents

Purpose 2

Background 2

Eligibility 2

Technical Corrections 2

Cost Share Requirements 3

Waivers to Cost Share Requirements 6

Grant Administration: Community Grants Lifecycle 8

Regulations and Requirements 12

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Regional Contacts 19

Appendix A: Statutory Language 20

Appendix B: List of EPA Congressionally Directed Spending Community Projects and Funding Levels 22

Appendix C: Technical Corrections-Procedural Information 87

Appendix D: Application Forms and Attachments 90

Appendix E: Community Grants Workplan Contents/Outline 94

Appendix F: Grant Policies and Resources 97

Purpose

Recipients are strongly encouraged to read this guidance document in its entirety.

It provides important information and guidelines on how the U.S. Environmental Protection Agency (EPA) will award and administer water infrastructure projects identified as Congressionally Directed Spending (CDS) and Community Project Funding (CPF) items in Appropriations Acts. For Fiscal Year (FY) 2024, the Consolidated Appropriations Act (P.L. 118-42) includes $1,419,312,172 in the State and Tribal Assistance Grants (STAG) account for 1,022 drinking water, wastewater, stormwater infrastructure, and water quality protection projects.1 This information includes explaining statutory program requirements and agency grant policies and procedures.

Background

President Biden signed the FY 2024 Consolidated Appropriations Act (P.L. 118-42) into law on March 9, 2024. In this law, Congress continued the practice of funding specifically named community infrastructure projects, referred to by the Senate as CDS items and in the House of Representatives as CPF items. Appendix A of this document provides the pertinent section(s) of the Consolidated Appropriations Act, 2024, also referred to as EPA’s FY 2024 Appropriations Act. Water infrastructure CDS/CPF projects are further referred to as Community Grants projects in this document.

Eligibility

Community Grants projects are designated for the planning, design, and construction of drinking water, wastewater, and stormwater infrastructure and for

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Technical Corrections

Should a Community Grant recipient identified in an Appropriations Act need to modify the type, purpose, or named recipient of the Community Grant, a technical correction will be

1 In the FY 2024 Consolidated Appropriations Act, EPA received a total of 1039 CDS/CPF projects for $1,460,035,172. Of this total, 1,022 projects are for water community projects; this document pertains to these projects.

Cost Share Requirements needed. The Agency’s FY 2006 Appropriations Act (P.L. 109-54) included a permanent authority that allows EPA to make technical corrections to Community Grants only after consultation with Congress, without the need for additional legislation. For example, if a recipient (e.g., City of Salem) is named in the authorizing language but a different legal entity (e.g., Salem Wastewater Utility) owns the infrastructure, the recipient can request a technical correction. As another example, if the Appropriations Act provides for a specific type of project (e.g., drinking water) when a different type of project (e.g., wastewater) is needed, the recipient can request a technical correction to change the project type.

Appropriate Types of Technical Corrections

A technical correction can be made for all, or part of a project identified in an Appropriations Act to change the recipient, the purpose, or both. The statutory

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The need or reason for the change;

The relationship between the two entities;

Who initiated the request; and The involvement of any third parties, if known.

Additional information on technical corrections is provided in Appendix C.

Cost Share Requirements

Appropriations Acts require each Community Grant recipient to provide a cost share from non-federal sources unless the recipient is approved for a cost share waiver by EPA. For FY 2024, the cost share amount is 20% of the total grant project cost. All contributions toward cost share should be included in the grant budget and must be categorized in the appropriate grant

2 “The term ‘construction’ means any one or more of the following: preliminary planning to determine the feasibility of treatment works, engineering, architectural, legal, fiscal, or economic investigations or studies, surveys, designs, plans, working drawings, specifications, procedures, field testing of innovative or alternative waste water treatment processes and techniques meeting guidelines promulgated under section 1314(d)(3) of this title, or other necessary actions, erection, building, acquisition, alteration, remodeling, improvement, or extension of treatment works, or the inspection or supervision of any of the foregoing items.” (33 U.S.C. § 1292(1)).

Since the Safe Drinking Water Act, which applies to the DWSRF program, does not have a definition of “construction,” the definition from the CWA is being used for this program with respect to project eligibility.

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The source of the cost share must be included in the workplan and payment requests. EPA may pay 80% of costs shown on approved payment requests up to the approved federal funding amount.

All grant funds, including a cost share, can be used only for allowable costs in executing the project. All cost sharing funds must have supporting source documents (a record that supports a transaction).

Services donated to recipients may be furnished by professional and technical personnel and consultants in accordance with 2 CFR 200.434. Dollar values must be placed on all donated services in accordance with 2 CFR 200.306. All cost sharing funds must be included in the workplan and budget and be part of the grant’s total project costs.

All cost sharing funds must conform to the same laws, regulations, grant conditions, etc., as the federal funds within the grant; recipients may prefer to limit cost sharing to the amount required.

See Appendix D and Appendix F for information on general principles of cost allowability.

Sources of Cost Share

Eligible sources of “non-federal” funds to meet the cost share requirement are described below; recipients can use any or a combination of the following eligible sources if the requirements in 2 CFR 200.306 are met:

1. Public sources.3 The following public funding sources can be used to meet the cost share requirement:

State appropriations;

Local government match to the grant project;

U.S. Department of Housing and Urban Development, Community Development Block Grant funds;

U.S. Department of Agriculture, Rural Development funds;

Appalachian Regional Commission funds;

Delta Regional Authority grants; and, The CWSRF and DWSRF programs if those funds are:

non-federal funds such as loan repayments, interest earnings, bond proceeds, and fees, or a state contribution to the SRF above the statutorily required 20% match.

Note: EPA has issued a class deviation document pertaining to CWSRF and a policy memo pertaining to DWSRF that allow Community Grant recipients to use certain

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3 Community Grant recipients can use federal funds from other programs as all, or part, of the cost share only if the statute authorizing those programs specifically allows the funds to be used as match for other federal grants. Additionally, other federal program funding must be allowed to support the planning, design and/or construction of drinking water, wastewater, or stormwater infrastructure projects, and/or water quality protection.

CWSRF class deviation and DWSRF policy documents allow SRF programs to use the non-federal and non-state match share of SRF funds to provide loans that Community Grant recipients can use as the cost share for community projects.

Funding made available to jurisdictions through the American Rescue Plan Act of 2021 (P. L. 117-2) (ARPA), including ARPA Revenue loss funds, cannot be used to meet the non-federal cost share requirement.

2) Private sources. These include funding from a business or nonprofit contributing to the project.

3) In-kind services. These may include the applicant’s administrative expenses for managing and overseeing the grant and projects, provided that the expenses are not being reimbursed by the federal share of the grant award. In-kind services contributed by other entities may also be allowable as cost share. Force accounts may be used as in-kind services: personnel costs include salaries, wages, and allowable incentive compensation for recipient employees (i.e., who receive W-2 forms) who spend time working on the project. In-kind (cost share) contributions must be verifiable and documented. For example, if the recipient does not intend to charge the EPA assistance agreement for all time employees spend working on the project, the applicant may include salaries or wages in the personnel category for cost share purposes.

Determining Cost Share Amount

For the purposes of calculating the cost share amount, the amount specified in the FY 2024 Appropriations Act for EPA’s contribution represents 80% of the total grant project cost. Grant applications are not required to reflect costs that exceed total grant project costs as calculated below; this is the minimum total grant project cost required to receive the full FY 2024 appropriation amount.

The following example demonstrates how to calculate the cost share amount using $100,000 as the EPA contribution:

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A. Identify the Total Grant Project Cost Divide the EPA contribution by 0.80 to calculate the total grant project cost:

$100,000 ÷ 0.80 = $125,000 .

$125,000 is the total grant project cost

B. Multiply the Total Grant Project Cost by 0.20 to determine the cost share amount Total grant project cost x 0.20 = required cost share amount

$125,000 x 0.20 = $25,000

$25,000 is the required 20% cost share amount

5 | Page

Waivers to Cost Share Requirements

C. Confirm

Total grant project cost = EPA Contribution + Cost Share Amount.

125,000 = 100,000 + 25,000

EPA supports waiving required non-federal cost share for projects located in, or that primarily serve and benefit, disadvantaged communities. EPA is using the discretion provided by the FY 2024 Appropriations Act (see Appendix A) to consider waiving or reducing statutorily required non-federal cost share on Community Grant funds when requested and appropriate.

EPA will consider the Cost Share Waiver Criteria A – E4 below, in defining disadvantaged communities for the purposes of Community Grants. Projects identified in the FY 2024 Appropriations Act whose primary benefits are to communities that meet at least one of the criteria below may request a waiver of the non-federal cost share requirement under the Community Grants Program.

Systems that serve large service areas with a specific project that will primarily serve a subset of its service area that meets one of these criteria may also request a waiver.

Waivers to the cost share requirement must be approved by the EPA’s Assistant Administrator for Water or Regional Administrators or authorized delegated officials, in accordance with EPA’s Delegation of Authority 1-102.5 Recipients requesting cost share waivers should submit a written request to the Regional EPA Point of Contact or Project Officer for consideration. Waiver requests should include

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Many of the criteria can be found on the Census Bureau’s website. Recipients can start by entering their community’s name in the search bar and viewing the community’s profile. Tables

4 EPA developed Cost Share Waiver Criteria A – E for the purposes of assessing the appropriateness of waiving the cost share requirement for the drinking water, wastewater, stormwater infrastructure, and water quality protection projects identified in the Appropriations Acts, based on the EPA’s Memorandum:

Implementation of the Clean Water and Drinking Water State Revolving Fund Provisions of the Bipartisan Infrastructure Law, March 8, 2022 (see Attachment 1, Appendix E, of the memorandum); the EPA will take these criteria into consideration when assessing the appropriateness of waiving the cost share requirement for any drinking water, wastewater, stormwater infrastructure, and water quality protection projects identified in the FY 2022 Appropriations Act and in subsequent Appropriations Acts.

5 EPA’s Delegation of Authority 1-102, Grants and Cooperative Agreements for Water Infrastructure Projects or Other Water Resource Projects from Funds Appropriated for the State and Tribal Assistance Grant Account or the Environmental Programs and Management Account, authorizes EPA’s Assistant Administrator for Water and Regional Administrators, “To approve and administer grants and cooperative agreements for water infrastructure projects or other water resource projects from funds appropriated for the State and Tribal Assistance Grant Account or the Environmental Programs and Management Account or any successor accounts, including a project authorized by Section 510 of the Water Quality Act of 1987, P.L. 100-4, 101 Stat. 7,80, EPA’s FY 1991 Appropriations Act (P.L.

101-507), and any subsequent public law; and to perform other activities necessary for the effective administration of those grants and cooperative agreements.”

and graphics from the Census Bureau’s website can be downloaded or embedded in a recipient’s cost share waiver request. Recipients should use the most recent data that is collected as multiyear estimates for each of the criteria when available.

Specific tables with more detailed information and other publicly available datasets beyond the community profile page for each metric are provided below.

Cost share waiver criteria

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A. Community Median Household Income (MHI) is less than 80% of State

MHI

MHI can be found by using the community’s profile page of the US Census Bureau – use the search function to find your community and click the S1901 link in the Income and Poverty Section to find the MHI based on most recent annual Census American Community Survey (ACS) multiyear data.

In the few cases where a local jurisdiction’s MHI is not available, the surrounding county’s MHI may be sufficient. The Census Bureau provides annual 5-Year Average Median Household Income data in Table B19013.

Click on the B19013 Table, select GEOS and search under “most common geographies” select “State” and then select the relevant and enter community name in the search bar.

B. Communities with an Upper Limit of Lowest Quintile Income Less Than or Equal to the Current National Upper Limit of Lowest Quintile Income.

The current national upper limit of Lowest Quintile Income can be found in tabular format on the Census Bureau website, by searching for “B19080 HOUSEHOLD INCOME QUINTILE UPPER LIMITS United States.”

Communities can view their Lowest Quintile Income in tabular format on the Census Bureau website by searching by community name and

“B19080 HOUSEHOLD INCOME QUINTILE UPPER LIMITS”

C. Communities with ≥ 30.9% Population Living Under 200% of Poverty Level

Community information on the population living under the poverty level can be found on the Census Bureau website; communities may search by entering the community’s name and “S1701”.

The US Department of Health and Human Services also provides US Federal Poverty Guidelines, including a chart with percentage of poverty levels (i.e., 200%).

D. Communities with Poverty Rates Greater Than or Equal to 20%

Percent of the poverty rate can be found on a community’s profile page provided by the Census Bureau. Communities should ensure the most recently available multiyear data is selected.

More detailed information can be found in Table S1701: Poverty Status in the Past 12 months.

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E. Communities with ≥ 11.7% Population Receiving Food Stamps/SNAP Benefits

Communities can find the percentage of their population receiving SNAP benefits on the Census Bureau website. Select “view state and local data” to search by state and then “View Results for a County of City/Town.”

Grant Administration: Community Grants Lifecycle

Insular Territories Projects

The non-federal cost share requirement is waived for any community projects located in the U.S. territories. This is consistent with the Omnibus Territories Act of 1977, which authorizes Departments and Agencies to award grants to Insular Territories, such as the U.S. Virgin Islands, without a match requirement.

Tribal Projects

Consistent with the implementation of the Clean Water Indian Set-Aside Grant Program under Clean Water Act (CWA) Section 518 and the Drinking Water Infrastructure Grants Tribal Set-Aside Program under Safe Drinking Water Act (SDWA) Section 1452(i), which do not require tribal cost share, EPA will waive the non-federal cost share for tribal community projects.

Grant Administration: Community Grants Lifecycle

EPA’s Community Grant appropriations are STAG infrastructure grants to improve water infrastructure and water quality through funding for drinking water, wastewater, and stormwater projects, and for water quality protection. Appendix B lists the 1,022 water CDS/CPF projects identified in the FY 2024 Appropriations Act.

These 1,022 projects are collectively funded “off the top” at a level of $787,652,267 from the FY 2024 general CWSRF appropriation and $631,659,905 from the FY 2024 general DWSRF appropriation.

EPA’s Regional Offices will approve and administer Community Grants as authorized under EPA’s Delegation of Authority 1-102.5 Per EPA’s Delegation of

Authority 1-14A,6 EPA Regional Administrators are authorized to award grants and cooperative agreements, including Community Grants, that were appropriated in

FY 2024.

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The following sections describe the lifecycle stages of each award. Additional information on grants policies and resources, including on receiving and managing EPA grants, is listed in Appendix F.

Pre-Award Phase

While Congress directs Community Grant funds to specified recipients for defined projects, recipients are required to fulfill statutory and regulatory requirements before EPA can award grant funding. These requirements include but are not limited to providing necessary information for the National Environmental Policy Act (NEPA) environmental review, review of any pre-award costs, and submitting a complete grant application package. Appendix D and Appendix E provide information on grant application package content and submission.

6 EPA’s Delegation of Authority 1-14A, Assistance Agreements, authorizes Regional Administrators, the Assistant Administrator for Mission Support, and the Chief Financial Officer, “To take all necessary actions to award, obligate and de-obligate funds for, and administer fellowship, grant, cooperative and loan agreements (hereinafter financial assistance), and to…

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