CG-00A02002-0,_Merimere_Drinking_Water_Infrastructure_Improvements_(1).pdf

CG - 00A02002 - 0 Page 1

U.S. ENVIRONMENTAL

PROTECTION AGENCY

Grant Agreement

GRANT NUMBER (FAIN): 00A02002

MODIFICATION NUMBER: 0

PROGRAM CODE: CG

DATE OF AWARD

01/13/2026

TYPE OF ACTION:

New

MAILING DATE

01/16/2026

PAYMENT METHOD:

ASAP - EPA Prior Approval

ACH#

10053

RECIPIENT TYPE:

Municipal

Send Payment Request to:

Contact EPA RTPFC at: rtpfc-grants@epa.gov

RECIPIENT:

CITY OF MERIDEN

142 East Main Street Room 124 Meriden, CT 06450-5605

EIN: 06-6001893

PAYEE:

City of Meriden 142 East Main Street Meriden, CT 06450-5605

PROJECT MANAGER

William Norton 117 Parker Avenue Meriden, CT 06450-5605

WNorton@meridenct.govEmail:

203-630-4292Phone:

EPA PROJECT OFFICER

Rebecca Rosenbaum 5 Post Office Square, Suite 100 Boston, MA 02109-3912

Rosenbaum.Becca@epa.govEmail:

617-918-1894Phone:

EPA GRANT SPECIALIST

Robert Smith Grants Management Branch 5 Post Office Square, Suite 100 Boston, MA 02109-3912

Smith.Robert.F@epa.govEmail:

617-918-1960Phone:

PROJECT TITLE AND DESCRIPTION

Merimere Drinking Water Infrastructure Improvements

See Attachment 1 for project description.

BUDGET PERIOD

12/01/2025 - 05/31/2029

PROJECT PERIOD

12/01/2025 - 05/31/2029

TOTAL BUDGET PERIOD COST

$ 3,240,000.00

TOTAL PROJECT PERIOD COST

$ 3,240,000.00

NOTICE OF AWARD

Based on your Application dated 07/21/2025 including all modifications and amendments, the United States acting by and through the US Environmental Protection Agency (EPA) hereby awards $ 3,240,000.00. EPA agrees to cost-share 100.00% of all approved budget period costs incurred, up to and not exceeding total federal funding of $ 3,240,000.00. Recipient's signature is not required on this agreement. The recipient demonstrates its commitment to carry out this award by either: 1) drawing down funds within 21 days after the EPA award or amendment mailing date; or 2) not filing a notice of disagreement with the award terms and conditions within 21 days after the EPA award or amendment mailing date. If the recipient disagrees with the terms and conditions specified in this award, the authorized representative of the recipient must furnish a notice of disagreement to the EPA Award Official within 21 days after the EPA award or amendment mailing date. In case of disagreement, and until the disagreement is resolved, the recipient should not draw down on the funds provided by this award/amendment, and any costs incurred by the recipient are at its own risk. This agreement is subject to applicable EPA regulatory and statutory provisions, all terms and conditions of this agreement and any attachments.

ISSUING OFFICE (GRANTS MANAGEMENT OFFICE)

ORGANIZATION / ADDRESS

U.S. EPA, Region 1, EPA New England 5 Post Office Square, Suite 100 Boston, MA 02109-3912

AWARD APPROVAL OFFICE

ORGANIZATION / ADDRESS

U.S. EPA, Region 1, EPA New England R1 - Region 1 5 Post Office Square, Suite 100 Boston, MA 02109-3912

THE UNITED STATES OF AMERICA BY THE U.S. ENVIRONMENTAL PROTECTION AGENCY

Digital signature applied by EPA Award Official Arthur Johnson - Director, Mission Support Division DATE 01/13/2026

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EPA Funding Information

FUNDS FORMER AWARD THIS ACTION AMENDED TOTAL

EPA Amount This Action $ 0 $ 3,240,000 $ 3,240,000

EPA In-Kind Amount $ 0 $ 0 $ 0

Unexpended Prior Year Balance $ 0 $ 0 $ 0

Other Federal Funds $ 0 $ 0 $ 0

Recipient Contribution $ 0 $ 0 $ 0

State Contribution $ 0 $ 0 $ 0

Local Contribution $ 0 $ 0 $ 0

Other Contribution $ 0 $ 0 $ 0

Allowable Project Cost $ 0 $ 3,240,000 $ 3,240,000

Assistance Program

66.202 - Congressionally Mandated Projects

Statutory Authority

2024 Consolidated Appropriations Act (PL118-42)

Regulatory Authority

2 CFR 200, 2 CFR 1500 and 40 CFR 33

Fiscal Site Name Req No FY Approp.

Code Budget

Organization PRC Object Class Site/Project Cost

Organization Obligation / Deobligation

- 26010HG001 25 E5C 0124DAX 000B81 4192 - - $ 3,240,000

$ 3,240,000

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Budget Summary Page

Table A - Object Class Category (Non-Construction)

Total Approved Allowable Budget Period Cost

1. Personnel $ 0

2. Fringe Benefits $ 0

3. Travel $ 0

4. Equipment $ 0

5. Supplies $ 0

6. Contractual $ 350,250

7. Construction $ 2,889,750

8. Other $ 0

9. Total Direct Charges $ 3,240,000

10. Indirect Costs: 0.00 % Base $ 0

11. Total (Share: Recipient ______ % Federal ______ %)0.00 100.00 $ 3,240,000

12. Total Approved Assistance Amount $ 3,240,000

13. Program Income $ 0

14. Total EPA Amount Awarded This Action $ 3,240,000

15. Total EPA Amount Awarded To Date $ 3,240,000

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Attachment 1 - Project Description

This agreement provides funding to the City of Meriden to implement its project to address critical infrastructure needs that impact the reliability, safety, and compliance of the City of Meriden’s Merimere Reservoir public drinking water system, as directed in the 2024 Consolidated Appropriations Act or as identified in an approved Technical Correction if one has been approved for this project.

The activities to be performed include the execution and implementation of a drinking water infrastructure construction project. Workplan activities consist of engineering design, construction, inspection, project administration, and contingency allocations necessary to complete the work for three critical components: the Merimere Dike Repair, Merimere Water Storage Tank Refurbishment, and Merimere Lagoon Liners Replacement. Repairing the Merimere Dike work includes curtain grouting in bedrock, multiple stages of grouting to fully seal leakage pathways and stabilize the structure, water injection testing, and real time monitoring of grout take rates and seepage levels during grouting.

Refurbishing the 500,000-gallon storage tank work includes abrasive blasting and repainting with NSF-certified coatings, relining of the tank interior, and the installation of a mixing and forced-air ventilation system to reduce disinfection byproduct (DBP) formation.

Work for replacing the failing lagoon liners at water filtration plant includes draining the lagoons, removing damaged liners, and installing new high-performance HDPE or PVC liners with appropriate underlayment and leak testing. Grading, drainage, and stabilization work will also be completed to prevent erosion and future liner damage.

The anticipated deliverables include improving Merimere Reservoir drinking water quality, system reliability, and regulatory compliance

The expected outcomes include dependable clean drinking water for the community through the improvements of the Merimere dike, storage tank, and lagoon liner systems

The intended beneficiaries include improved public health and environmental protection for City of Meriden community.

No subawards are included in this assistance agreement.

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Administrative Conditions

National Administrative Terms and Conditions

General Terms and Conditions

The recipient agrees to comply with the current Environmental Protection Agency (EPA) general terms and conditions available at: https://www.epa.gov/grants/epa-general-terms-and-conditions-effective-october-1-2025-or-later

These terms and conditions are in addition to the assurances and certifications made as a part of the award and the terms, conditions, or restrictions cited throughout the award.

The EPA repository for the general terms and conditions by year can be found at: https://www.epa.

gov/grants/grant-terms-and-conditions#general.

A. Correspondence Condition

The terms and conditions of this agreement require the submittal of reports, specific requests for approval, or notifications to EPA. Unless otherwise noted, all such correspondence should be sent to the following email addresses:

•Federal Financial Reports (SF-425): rtpfc-grants@epa.gov and Project Officer on Page 1 of Award Document

•All other forms/certifications/assurances, Indirect Cost Rate Agreements, Requests for Extensions of the Budget and Project Period, Amendment Requests, Requests for other Prior Approvals, updates to recipient information (including email addresses, changes in contact information or changes in authorized representatives) and other notifications: Grants Specialist and Project Officer on Page 1 of Award Document

•Payment requests (if applicable): Grants Specialist and Project Officer on Page 1 of Award Document

•Quality Assurance documents, workplan revisions, equipment lists, programmatic reports and deliverables: Project Officer on Page 1 of Award Document AND R1QAPPs@epa.gov

B. Pre-Award Costs

In accordance with 2 CFR 1500.9, the recipient may charge otherwise allowable pre-award costs (both Federal and non-Federal cost sharing) incurred from 1/2/2025 to the actual award date provided that such costs were contained in the approved application and all costs are incurred within the approved budget period.

C. Prior Approval of Payments for EPA Community Grants

Payment Requests are to be completed on Standard Form 270, "Request for Advance or Reimbursement" and submitted to the EPA Grants Office with a copy to the EPA Project Officer. This form and instructions for completing it can be found at https://www.epa.gov/grants/epa-grantee-forms. The requests will report cumulative expenditures both (Federal and non-Federal) incurred under the grant. EPA will approve payments for allowable expenditures at the ratio shown in the latest Agreement.

Under this payment mechanism, the recipient submits for EPA approval the Standard Form 270 along with https://www.epa.gov/grants/epa-general-terms-and-conditions-effective-october-1-2025-or-later https://www.epa.gov/grants/epa-general-terms-and-conditions-effective-october-1-2025-or-later https://www.epa.gov/grants/grant-terms-and-conditions#general https://www.epa.gov/grants/grant-terms-and-conditions#general mailto:rtpfc-grants@epa.gov https://www.epa.gov/grants/epa-grantee-forms

CG - 00A02002 - 0 Page 6 supporting cost documentation via email to the EPA Project Officer and the EPA Grants Management Specialist listed on this award document. Attachments must be submitted in pdf or other acceptable software format (e.g., DocuSign) and the Standard Form 270 must be electronically or digitally signed by your organization's authorized representative or their designee in accordance with EPA's Recipient/Applicant Information Notice (RAIN), Establishment of Standards for Submission of Administrative and Financial Assistance Agreement Forms/Documents with Electronic or Digital Signatures by Email. Documentation to support costs claimed for reimbursement include copies of bills (vouchers, invoices, etc.), along with a description of services rendered, time spent, and charges. The table below provides examples of acceptable documentation. Also, as a reminder, please refer to the Grant-Specific Programmatic Terms and Conditions of this award for additional information regarding procurement documentation submission requirements.

After review and written notification of EPA's approval, the recipient will request funds via the U.S. Treasury's Automated Standard Application for Payment (ASAP) system for 100% of the total allowable expenditures shown on the Standard Form 270 (i.e., the Federal share) for the period covered by the request. EPA may pay 100% of the allowable expenditures reported for the period of the request for grants for which the cost share requirement has been waived by EPA. Payment for costs approved by EPA and authorized for drawdown by the recipient via the ASAP System will be credited to the recipient's designated financial institution (See Financial Information in the EPA General Terms and Conditions applicable to this award). Any questioned or disallowed costs will be detailed in writing by EPA's Grants Management Officer.

SUPPORTING DOCUMENTATION BY BUDGET CATEGORY

BUDGET CATEGORY ACCEPTABLE DOCUMENTATION

1. PERSONNEL (for both EPA-funded and non-EPA funded employees whose services will count towards the recipient's cost share) Records must: •Meet the requirements in 2 CFR 200.430

(g) for producing accurate information regarding actual hours an employee worked performing the EPA agreement.•Reflect 100% of actual hours worked daily and the projects, programs or activities worked, not estimated amounts or percentages. They must also reflect non-working hours used during the pay period. •Be certified by an appropriate recipient manager indicating that the hours shown as worked in support of the EPA assistance agreement were actually spent on activities approved and eligible under the agreement for which the costs are claimed•Contain names of employees charging time to the agreement, with explicit indication of number of hours charged, the hourly rate, and the total amount thereof charged.

1a. Working Hours • Copies of time sheets or equivalent records

1b. Non-Working Hours (e.g., sick leave, annual leave, holiday pay, etc.) being charged to the agreement if not covered by a leave rate or included in fringe benefits.

• A schedule or report showing the non-working hour cost calculations and amounts claimed, including the applicable accruals and distribution methodologies for the periods used in the calculations.

https://www.epa.gov/grants/rain-2020-g04-r1 https://www.epa.gov/grants/rain-2020-g04-r1 https://www.epa.gov/grants/grant-terms-and-conditions https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/subpart-E/subject-group-ECFRed1f39f9b3d4e72/section-200.430 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/subpart-E/subject-group-ECFRed1f39f9b3d4e72/section-200.430

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2. FRINGE BENEFITS – Ff applicable, approved fringe rate or actual costs per employee.

• A schedule or report showing the fringe benefit cost calculations per employee, per pay period being claimed for payment and charged to the assistance agreement. Individual items included in approved fringe benefit rates must be identified.

3. INDIRECT COSTS – Must have an approved indirect cost rate agreement covering the period for the indirect costs being claimed or opt to use up to a 15% de minimis rate of Modified Total Direct Costs. See the General Terms and Conditions for additional information.

• A schedule or report showing the indirect costs calculations and amounts claimed and charged to the assistance agreement, including the applicable rates and cost basis for the periods used in the calculations.

4. TRAVELNote: First class/business class travel costs are not allowable.

• Listing of trips taken, trip dates, location, purpose, and actual costs incurred.• Copy of signed and dated authorization documents for each trip. • Written certification by employee's supervisor or other authorized official that the trip took place.• Copy of signed and dated travel vouchers showing actual expenditures

5. EQUIPMENT – Records must show equipment items, quantity, unit cost, and total amount consistent with the PO and RFP.

• Copy of procurement requests• Copy of vendor invoices• Quotes or bid announcements as required

6. SUPPLIES

• Invoices showing supply items, quantity, unit cost, and total amount consistent with the Purchase Order.• Copy of procurement requests• Copy of vendor invoices• Quotes or bid announcements as required

7. CONTRACTUALThe contract agreement must include all applicable clauses stipulated at 2 CFR Part 200.327 and Appendix II. NOTE: per the grant-specific programmatic Terms and Conditions of the award, all contracts should have already been reviewed and approved by the Project Officer.Contracts for Architectural and Engineering services are included in this category.The costs for consultant compensation that are charged to the EPA assistance agreement (including cost shares) must not exceed the consultant cap (Level IV of the Executive Schedule) as described at 2 CFR 1500.10

• Documents showing quotes or bid announcements as required.• Evidence of the selection decision and a cost and price analysis• Copy of contractor invoices

8. CONSTRUCTIONThis category includes contracts for general construction and other contractor costs for activities described in EPA's Small and Disadvantaged Business (DBE) rule at

40 CFR 33.103.

• Documents showing quotes or bid announcements as applicable.• Evidence of the selection decision and a cost and price analysis• Copy of contractor and vendor invoices

9. OTHERIf subaward costs are being claimed, a copy of the executed subaward agreement must be provided. The subaward agreement must

• Invoices showing items, quantity, unit cost, and total amount. As applicable ensure there are:• Copies of procurement requests• Copy of vendor https://www.epa.gov/grants/grant-terms-and-conditions#general https://www.epa.gov/grants/grant-terms-and-conditions#general https://www.ecfr.gov/cgi-bin/text-idx?SID=2093c2e9c161edf83e8ae396fd0b110c&mc=true&node=pt2.1.200&rgn=div5#se2.1.200_1327 https://www.ecfr.gov/cgi-bin/text-idx?SID=2093c2e9c161edf83e8ae396fd0b110c&mc=true&node=pt2.1.200&rgn=div5#se2.1.200_1327 https://www.ecfr.gov/current/title-2/subtitle-B/chapter-XV/part-1500/subpart-D/subject-group-ECFR91e19bb476f6a08/section-1500.10 https://www.ecfr.gov/cgi-bin/text-idx?SID=2df4ffbb444be8288abbe88369d3b9f7&mc=true&node=se40.1.33_1103&rgn=div8

CG - 00A02002 - 0 Page 8 comply with the requirements of the subaward term and condition of the EPA award and 2 CFR

200.331 and 200.332.

invoices• Quotes or bid announcements as required• Documentation of participant support cost payments approved in the budget• Cost Calculations/Allocations of shared costs like rent, utilities, etc.

https://www.ecfr.gov/cgi-bin/text-idx?SID=2093c2e9c161edf83e8ae396fd0b110c&mc=true&node=pt2.1.200&rgn=div5#se2.1.200_1331 https://www.ecfr.gov/cgi-bin/text-idx?SID=2093c2e9c161edf83e8ae396fd0b110c&mc=true&node=pt2.1.200&rgn=div5#se2.1.200_1332

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Programmatic Conditions

GRANT-SPECIFIC PROGRAMMATIC TERMS AND CONDITIONS FOR EPA COMMUNITY GRANTS

(Updated 10/23/25)

A. Performance Reporting (2 CFR 200.329)

The recipient agrees to submit performance reports to the EPA Project Officer [no later than 30 calendar days after the end of each federal fiscal quarter (January 30, April 30, July 30, and October 30)]. The final performance report must be submitted no later than 120 calendar days after the period of performance.

Performance reports must relate financial data and project or program accomplishments to performance goals and objectives and include brief information on each of the following areas, as applicable: 1) a comparison of accomplishments to the outputs/outcomes established in the assistance agreement workplan for the reporting period; 2) explanations on why established outputs/outcomes were not met; and 3) additional information, analysis, and explanation of cost overruns or higher-than-expected unit costs.

Additionally, the recipient agrees to notify the EPA when a significant development occurs that could impact the award. Significant developments include events that enable meeting milestones and objectives sooner or at less cost than anticipated or that produce different beneficial results than originally planned. Significant developments also include problems, delays, or adverse conditions which will impact the ability to meet the milestones or objectives of the award, including outputs/outcomes specified in the assistance agreement work plan. If the significant developments negatively impact the award, the recipient must include information on their plan for corrective action and any assistance needed to resolve the situation.

B. Project changes (2 CFR 200.308)

Consistent with 2 CFR 200.308, the recipient must request prior written approval from EPA for the following program and budget-related reasons, including but not limited to: changes which alter the project performance standards; changes in the scope or objectives of the project (even if there is no associated budget revision requiring prior written approval) or substantially altering the design of the project; changes in key personnel (including employees and contractors) that are identified by name or position in the Federal award; the disengagement from a project for more than three months, or a 25% reduction in time and effort devoted to the Federal award over the course of the period of performance, by the approved project director or principal investigator; the inclusion, unless waived by the EPA, of costs that require prior approval in accordance with subpart E to 2 CFR Part 200 as applicable; the transfer funds between construction and non-construction budget categories; significantly delaying or accelerating the project schedule; or substantially altering the facilities plan, design drawings and specifications, or the location, size, capacity, or quality of any major part of the project. Note, depending on the type of change, the Agency Award Official or Grant Management Officer may need to make the final determination.

C. Right of Access (2 CFR 200.337)

EPA will have access to all records which are pertinent to the assistance agreement (including fiscal, procurement, and engineering data and files), and EPA may conduct site visits and inspections related to progress of the assistance agreement workplan activities. This term and condition supplements the requirements in the “Access to Records” General Term and Condition.

• Procurement Document Submission https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/subpart-D/subject-group-ECFR36520e4111dce32/section-200.329 https://www.ecfr.gov/current/title-2/section-200.308 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/subpart-D/subject-group-ECFR4acc10e7e3b676f/section-200.337

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(1) With the exception of projects that qualify for the procurement flexibilities in the FY 2024 Consolidated Appropriations Act (P.L. 118-42) discussed below in term and condition D. Procurement, the recipient shall submit a copy of all proposed and/or executed contracts for services (including professional and construction), supplies, and equipment over the simplified acquisition threshold as defined in 2 CFR Part 200.1 to the EPA Project Officer for review. The submittal of the proposed and/or executed contracts must include procurement records. include procurement records.

(a) Recipient agrees to submit plans and specifications, requests for proposals, invitations for bids, scopes of work, and/or plans and specifications to the EPA Project Officer for review prior to advertising for bids, or as soon as practicable thereafter if a contract has been executed or performance under the contract has begun. Recipient will also submit any addenda to these documents to the EPA Project Officer for review prior to the opening of bids, or as soon as practicable thereafter if a contract has been executed or performance under the contract has begun.

(b) Recipient agrees to submit to the EPA Project Officer, within ten calendar days after a bid opening, or as soon as practicable thereafter if a contract has been executed or performance under the contract has begun, the bid package of the lowest responsive, responsible bidder for review prior to the award of a contract, or as soon as practicable thereafter if a contract has been executed or performance under the contract has begun. The bid package will include a bid tabulation, a copy of the proof of advertising, the bid bond of the low bidder, the Minority Business Enterprise (MBE) / Women's Business Enterprise (WBE) proposed utilization by the low bidder with a statement from Recipient that the efforts taken by the low bidder meet the statutory/regulatory requirements, and the recommendation to award a contract to the low bidder.

(c) Recipient agrees to submit to the EPA Project Officer for review any proposed and/or executed contract for services, such as architectural/engineering or grant management or construction, prior to signing each contract, or as soon as practicable thereafter if a contract has been executed or performance under the contract has begun, as well as any change orders executed after the award of the contract. A description of the process used to procure those services will also be submitted. To be accepted as allowable project costs, such procurements/contracts must comply with all statutory and regulatory requirements, including 40 U.S.C. 1101 et seq. (the Brooks Act) or an equivalent State qualifications-based procurement requirement, as applicable; 2 CFR Part 200; 2 CFR Part 1500;

and/or 40 CFR Part 33.

(2) Recipients that qualify for the procurement flexibilities discussed below in term and condition D. Procurement, must provide to the EPA upon request solicitation documents (e.g., Request for Proposals or Request for Qualifications), contracts, and/or any other pertinent documents relating to the process used to enter the contract.

(3) All recipients, to include those that qualify for the procurement flexibilities in the FY 2024 Consolidated Appropriations Act (P.L. 118-42) discussed below in term and condition D. Procurement must comply with the requirements in the Davis-Bacon Act, American Iron and Steel (AIS), and Build America, Buy America (BABA) in any procurements and resulting contracts as applicable. These requirements include incorporating the appropriate prevailing wage determinations and AIS/BABA in the solicitation documents.

D. Procurement

The FY 2024 Consolidated Appropriations Act (P.L. 118-42), which was signed into law on March 9, 2024, states:

Provided further, That the funds made available under this heading for Community Project Funding/Congressionally Directed Spending grants in this or prior appropriations Acts are not subject to compliance with Federal procurement requirements for competition and methods of procurement applicable to https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200?toc=1 https://uscode.house.gov/view.xhtml?path=/prelim@title40/subtitle1/chapter11&edition=prelim https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200?toc=1 https://www.ecfr.gov/current/title-2/subtitle-B/chapter-XV/part-1500 https://www.ecfr.gov/current/title-40/chapter-I/subchapter-B/part-33?toc=1

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Federal financial assistance, if a Community Project Funding/Congressionally Directed Spending recipient has procured services or products through contracts entered into prior to the date of enactment of this legislation that complied with state and/or local laws governing competition.

This provision was carried forward in the FY 2025 Full-Year Continuing Appropriations and Extensions Act (P.L. 119-4). Accordingly, “prior to the date of enactment of this legislation” means contracts entered into prior to March 15, 2025.

(a) Recipients with projects identified in the FY 2024 or prior (i.e., FY 2022 and FY 2023) Appropriations Acts are not subject to compliance with Federal procurement requirements for competition and methods of procurement applicable to Federal financial assistance if the recipient has:

procured services or products through contracts entered into prior to March 15, 2025; and complied with state and/or local laws governing competition (including laws/policies relating to participation by disadvantaged business enterprises or equivalent, as applicable, and method of procurement).

The recipient must provide a written statement to the EPA Project Officer affirming any contracts entered into prior to March 15, 2025, complied with state and/or local laws governing competition (including laws/policies relating to participation by disadvantaged business enterprises or equivalent as applicable, and method of procurement). The statement must also include the date the contracts were entered into. The contract will be considered covered by the provision upon receipt of written confirmation from EPA.

The recipient must retain documentation (e.g., solicitation documents, procurement certifications from state and/or local officials) demonstrating compliance of such contracts with state and/or local laws governing competition, including such laws relating to participation by disadvantaged business enterprises or equivalent as applicable.

(a)(1) Contract Amendments after March 15, 2025, and FY 2024 Procurement Flexibility

Recipients with projects identified in the FY 2024 or prior (i.e., FY 2022 and FY 2023) Appropriations Acts may not be subject to compliance with Federal procurement requirements for competition and methods of procurement applicable to Federal financial assistance (with the exception noted below in paragraph (a)(2) for contract modifications over the Simplified Acquisition Threshold in effect at the time of award) for contract amendments that occur after March 15, 2025, if the recipient has:

(i) procured services or products through contracts entered into prior to March 15, 2025;

(ii) entered into said contracts in compliance with state and/or local laws governing competition (including laws/policies relating to participation by disadvantaged business enterprises or equivalent, as applicable, and method of procurement); and

(iii) complied with state and/or local laws relating to contract amendments as applicable.

The recipient must provide a written statement to the EPA Project Officer affirming any contracts entered into prior to March 15, 2025, and contract amendments after that date, complied with state and/or local laws governing competition (including laws/policies relating to participation by disadvantaged business enterprises or equivalent as applicable, and method of procurement). The statement must also include the date the contracts and contract amendments were entered into. The contracts and contract amendments will be considered covered by the provision

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The recipient must retain documentation (e.g., solicitation documents, procurement certifications from state and/or local officials) demonstrating compliance of such contracts and amendments with state and/or local laws governing competition, including such laws relating to participation by disadvantaged business enterprises or equivalent as applicable.

(2) Consistent with 2 CFR 200.324, the recipient further agrees that for all contract modifications/amendments in excess of the Simplified Acquisition Threshold in effect at the time of award, the recipient will perform a cost or price analysis.

(b) All other recipients who do not qualify for the procurement flexibilities discussed in section (a) must procure all services (professional, construction, etc.), supplies, and equipment awarded under this grant in accordance with all applicable federal requirements, including: 40 U.S.C. 1101 et seq. (the Brooks Act) or an equivalent State qualifications-based procurement requirement, as applicable; 2 CFR Part 200; 2 CFR Part 1500; and/or 40 CFR Part 33. This includes all services (professional, construction, etc.), supplies, and equipment for which costs are approved as preaward costs.

(c) Recipient must comply with the procurement processes for architectural and engineering (A/E) services as described in 40 U.S.C. 1101 et seq., or an equivalent State qualifications-based requirement.

Where equivalent State qualifications-based requirements are complied with, the source of the requirement (e.g., existing State legislation or regulation, etc.) must be stated, and a certification from the Governor of the State that the State's A/E procurement requirements are equivalent to 40 U.S.C. 1101 et seq. must accompany the grant application. In lieu of a certification from the Governor, the Attorney General's certification submitted with each grant application may include this certification. The requirements of 40 U.S.C. 1101 et seq. include:

Public announcement of the solicitation (e.g., public announcement of a Request for Qualifications);

Evaluation and ranking of the submitted qualifications statements based on established, publicly available criteria (e.g., criteria identified in the solicitation);

Evaluation criteria should be based on demonstrated competence and qualifications for the type of professional services required (e.g., past performance, specialized experience, and technical competence in the type of work required);

Discussion with at least three firms to consider anticipated concepts and compare alternative methods for furnishing services;

Selection of at least three firms considered to be the most highly qualified to provide the services required;

and Contract negotiation with the most highly qualified firm to determine compensation that is fair and reasonable based on a clear understanding of the project scope, complexity, professional nature, and the estimated value of the services to be rendered;

In the event that the recipient is unable to negotiate a satisfactory contract with the firm, the recipient shall formally terminate negotiations and then undertake negotiations with the next most qualified of the selected firms, continuing the process until an agreement is reached. If the recipient is unable to negotiate a satisfactory contract with any of the selected firms, the agency head shall select additional firms in order of their competence and qualification and continue negotiations in accordance with this section until an agreement is reached.

https://www.govinfo.gov/content/pkg/USCODE-2012-title40/html/USCODE-2012-title40-subtitleI-chap11.htm https://www.govinfo.gov/content/pkg/USCODE-2012-title40/html/USCODE-2012-title40-subtitleI-chap11.htm https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200?toc=1 https://www.ecfr.gov/current/title-2/subtitle-B/chapter-XV/part-1500 https://www.ecfr.gov/current/title-40/chapter-I/subchapter-B/part-33?toc=1 https://www.ecfr.gov/current/title-40/chapter-I/subchapter-B/part-33?toc=1 https://uscode.house.gov/view.xhtml?path=/prelim@title40/subtitle1/chapter11&edition=prelim https://uscode.house.gov/view.xhtml?path=/prelim@title40/subtitle1/chapter11&edition=prelim https://uscode.house.gov/view.xhtml?path=/prelim@title40/subtitle1/chapter11&edition=prelim

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In the event that the State has no existing equivalent qualifications-based requirement for procurement, the federal requirements in 40 U.S.C. 1101 et seq. apply.

(d) All recipients, to include those that qualify for the procurement flexibilities discussed in section (a), must comply with the requirements in the Davis-Bacon Act, American Iron and Steel (AIS), and Build America, Buy America (BABA) in any procurements and resulting contracts as applicable. These requirements include incorporating the appropriate prevailing wage determinations and AIS/BABA in the solicitation documents.

E. Cybersecurity Condition

Cybersecurity Grant Condition for Other Recipients, Including Intertribal Consortia and Non-profit Organizations

(a) The recipient agrees that when collecting and managing environmental data under this assistance agreement, it will protect the data by following all applicable State or Tribal law cybersecurity requirements.

(b) (1) EPA must ensure that any connections between the recipient's network or information system and EPA networks used by the recipient to transfer data under this agreement, are secure. For purposes of this Section, a connection is defined as a dedicated persistent interface between an Agency IT system and an external IT system for the purpose of transferring information. Transitory, user-controlled connections such as website browsing are excluded from this definition.

If the recipient's connections as defined above do not go through the Environmental Information Exchange Network or EPA's Central Data Exchange, the recipient will contact the EPA Project Officer no later than 90 days after the date of this award and work with the designated Regional/Headquarters Information Security Officer to ensure that the connections meet EPA security requirements, including entering into Interconnection Service Agreements as appropriate. This condition does not apply to manual entry of data by the recipient into systems operated and used by EPA's regulatory programs for the submission of reporting and/or compliance data.

(2) The recipient agrees that any subawards it makes, under this agreement will require the subrecipient to comply with the requirements in (b)(1) if the subrecipient's network or information system is connected to EPA networks to transfer data to the Agency using systems other than the Environmental Information Exchange Network or EPA's Central Data Exchange. The recipient will be in compliance with this condition: (i) by including this requirement in subaward agreements; and (ii) during subrecipient monitoring deemed necessary by the recipient under 2 CFR 200.332(e), by inquiring whether the subrecipient has contacted the EPA Project Officer. Nothing in this condition requires the recipient to contact the EPA Project Officer on behalf of a subrecipient or to be involved in the negotiation of an Interconnection Service Agreement between the subrecipient and EPA.

F. Signage

The FY 2022 Consolidated Appropriations Act (Pub. Law 117-103), FY 2023 Consolidated Appropriations Act (Pub. Law 117- 328), and FY 2024 Consolidated Appropriations Act (Pub. Law 118-42) provide that those federal requirements that would apply to a Clean Water State Revolving Fund (CWSRF) or Drinking Water State Revolving Fund (DWSRF) project grant recipient shall apply to a grantee receiving a Community Grant.

Consequently, these Appropriations Acts extend Signage requirements applicable to SRF projects to Community Grants. The recipient agrees to comply with the SRF Signage Guidelines in order to enhance public awareness of EPA assistance agreements nationwide.

Basic Requirements https://www.govinfo.gov/content/pkg/USCODE-2012-title40/html/USCODE-2012-title40-subtitleI-chap11.htm https://www.govinfo.gov/content/pkg/USCODE-2012-title40/html/USCODE-2012-title40-subtitleI-chap11.htm https://www.govinfo.gov/content/pkg/USCODE-2012-title40/html/USCODE-2012-title40-subtitleI-chap11.htm

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Recipients should note that they have the option of selecting different implementation options depending on the location, project type, and available resources. The costs of compliance with the signage requirements are allowable under the grant, provided the costs are reasonable.

Summary of Options

The SRF Signage Guidelines present a number of options which communities can explore to implement EPA's signage policy. The option selected should meet all of the Basic Requirements above while remaining cost-effective and accessible to a broad audience. The following strategies are acceptable options for communities to follow:

Standard signage

Posters or wall signage in a public building or location Newspaper or periodical advertisement for project construction, groundbreaking ceremony, or operation of the new or improved facility Online signage placed on community website or social media outlet Press release

Each of these options is described in more detail in the sections below.

Implementation Option: Standard Signage

EPA recommends that large projects that involve significant expansion or construction of a new facility elect to publicize through standard signage. This option should be selected for projects where the sign would be near a major road or thoroughfare or where the facility is in a location at which this would effectively publicize the upgrades. Some facilities will not find this an appropriate or cost-effective solution. For example, investing in a large road sign for a facility that is located in a rural area or where access is limited to a smaller service road would likely not be an optimal solution.

Signs can also be located away from the project site if there is another reasonable alternative. For example, a community may elect to place a sign advertising the project near a body of water that receives discharge from a particular facility.

Recipients selecting projects that will implement this requirement through use of a traditional sign should ensure the following are included:

The name of the facility, project, and community Project cost (total grant award amount, i.e., federal share plus recipient contribution) The EPA and Recipient logos (EPA logo may only be used on a sign)

If the EPA logo is displayed along with logos of other participating entities, the EPA logo must not be displayed in a manner that implies that EPA itself is conducting the project. Instead, the EPA logo must be accompanied with a statement indicating that the recipient received financial assistance from EPA for the project. As provided in the sign specifications from the EPA Office of Public Affairs (OPA), the EPA logo is the identifier for assistance agreement projects. Recipients are responsible to comply with the sign specifications provided by the OPA, available at https://www.epa.gov/aboutepa/using-epa-seal-and-logo. To obtain the appropriate EPA logo graphic https://www.epa.gov/aboutepa/using-epa-seal-and-logo

CG - 00A02002 - 0 Page 15 file, the recipient should send a request directly to OPA and include the EPA Project Officer in the communication;

contact information can be found at https://www.epa.gov/aboutepa/using-epa-seal-and-logo.

Implementation Option: Posters, Brochures, and/or Pamphlets

Smaller projects, projects located in rural areas, and other efforts may find that it is more cost-effective and practical to advertise efforts through creation of a poster or smaller sign. If the project involves nonpoint source or green infrastructure components, those can be described at the discretion of the recipient.

The poster or brochure and acknowledgement should be visible, as well as a website or other source of information for individuals that may be curious about the Community Grants program. The recipient may also implement this option as a short pamphlet that is placed in one of the locations noted below for community members to read.

Posters, brochures, and/or pamphlets should be placed in a public location that is accessible to a wide audience of community members. This can include, but is not limited to:

Town or City Hall Community Center Locally owned or operated park or recreational facility Public Library County/municipal government facilities Court house or other public meeting space

Given the low cost for producing multiple copies of the same poster, brochure, and/or pamphlet, communities can explore options for displaying these posters in several locations simultaneously. This would achieve the overall objective of reaching a broad audience and publicizing the project.

Projects that will implement this requirement through use of posters, brochures, and/or pamphlets should ensure the following are included:

Name of facility, project, and community Project is wholly or partially funded with EPA funding Brief description of project Brief description of the water quality benefits the project will achieve

Implementation Option: Newsletters, Periodicals, and/or Press Releases

For communities where there is no suitable public space or where advertisement through signage is unlikely to reach community members effectively, projects can be advertised in a community newsletter or similar periodical. States can use guidelines from their standard public notice practices. For new construction, if a groundbreaking ceremony is to be held, an announcement could publicize or accompany publicity for this event.

In some cases, it may be appropriate for the recipient to issue a formal press release announcing construction of a new facility. Distributing a single prepared statement concisely summarizing the project purpose and the joint funding from EPA and community resources can reach a wide audience as the statement goes through multiple https://www.epa.gov/aboutepa/using-epa-seal-and-logo

CG - 00A02002 - 0 Page 16 news outlets.

If the recipient decides on a public and/or media event to publicize the accomplishment of significant events related to the project as a result of EPA support, the recipient must provide EPA with at least ten working days' notice of the event and the opportunity to attend and participate in the event.

Recipients that will implement this requirement through use of a newsletter, periodical, or press release should ensure the following are included:

Name of facility, project, and community Project is wholly or partially funded with EPA funding Brief description of the project Brief listing of water quality benefits to be achieved

Implementation Option: Inserts and/or Pamphlets in Water/Sewer Bills

Utilities can consider including a single-page insert within water and sewer bills that are mailed to residents and users in the affected community. This approach would effectively publicize the project to those individuals directly benefitting from the project. The flyer or insert could emphasize the environmental and public health benefits to the community.

Recipients that will implement this requirement through use of inserts and/or pamphlets in water/sewer bills should ensure the following are included:

Name of facility, project, and community Project is wholly or partially funded with EPA funding Brief description of the project Brief listing of water quality benefits to be achieved

Implementation Option: Online and/or Social Media Publicity

Many communities are increasingly finding that the internet is the most cost-effective approach to publicizing their projects and reaching a broad audience of stakeholders. Online “signage” should follow the minimum information guidelines above and may appear on the town, community, and/or facility website if available. In some cases, communities may be active on social media sites such as Facebook or X, formally known as Twitter. These can be used as an opportunity for publicizing projects and information about how EPA funds are being used in the community.

These online announcements/notices may be appropriate for settings where physical signage would not be visible to a wide audience. They can be a more cost-effective option than traditional signs or publicity in print media outlets. This option may be most useful where the community's website is a well-recognized source of information for its residents.

In the case of some projects, such as nonpoint source, there might be additional opportunities for online publicity through partner agencies or organizations. This could take place either on the organization's website or through other social media outlets.

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Projects that will implement this requirement through use of online and/or social media publicity should ensure the following are included:

Name of facility, project, and community Project was wholly or partially funded with EPA funding Brief description of the project Brief listing of water quality benefits to be achieved

Suggested Language for Alternate Options

For any of the alternate implementation options listed above, recipients have discretion to structure their signage as they see appropriate. The language below is offered as an option for use in posters, pamphlets, brochures, press releases, and/or online materials. Communities may consider using the following:

“Construction of upgrades and improvements to the [Name of Facility, Project Location, or WWTP] were financed by the grant funding administered by the U.S. Environmental Protection Agency (EPA). EPA's Community Grant Program. This project will (description of project) and will provide water quality benefits [details specifying particular benefits] for community residents and businesses in and near (name of town, city, and/or water body or watershed to benefit from project.)

For projects in certain areas, recipients should consider whether it is appropriate to include additional details about the project. Specific benefits, such as reduction of CSO events, lessening of nutrient pollution, reducing contaminant levels or water pumping costs, or improvements to a particular water body, may be of interest to community residents. In these cases, including additional detail would further serve to showcase positive efforts financed by EPA. Additionally, recipients may elect to detail improvements in energy efficiency or water conservation achieved by project upgrades. If the project includes green infrastructure components such as rain gardens and green roofs that have environmental and aesthetic benefits to the community, these can be described briefly as well. Again, this additional information can be included at the discretion of the recipient when it is appropriate, given the project type, location, and the type of signage or publicity effort selected.

G. Public or Media Events

The recipient will notify the EPA Project Officer listed in this award document of public or media events publicizing the accomplishment of significant events related to the project as a result of EPA support and provide the opportunity for attendance and participation by federal representatives with at least ten working days notice.

H. Federal Cross-cutting Requirements/Other Applicable Federal Laws

Recipient must comply with federal cross-cutting requirements as well as other applicable federal laws as provided in EPA's Community Grants Program Final Implementation Guidance. For additional information on cross-cutting requirements, as well as applicability for recipients and subrecipients, visit https://www.epa.gov/grants/epa-subaward-cross-cutter-requirements.

I. American Iron and Steel (AIS)

AIS requirements apply to this award agreement based on the directive Congressional language in the FY 2022, FY 2023, and FY 2024 Consolidated Appropriations Acts' (i.e., “Applicable Federal requirements that would apply to a Clean Water State Revolving Fund or Drinking Water State Revolving Fund project grant recipient shall apply to a https://www.epa.gov/sustainable-water-infrastructure/epa-community-grants#guidance https://www.epa.gov/grants/epa-subaward-cross-cutter-requirements https://www.epa.gov/grants/epa-subaward-cross-cutter-requirements

CG - 00A02002 - 0 Page 18 grantee receiving a CPF grant under this section"). AIS requirements apply to State Revolving Fund assistance agreements signed on or after…