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Code of Federal Regulations (Last Updated: November 8, 2024) |
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Title 40 - Protection of Environment |
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Chapter I - Environmental Protection Agency |
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SubChapter B - Grants and Other Federal Assistance |
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Part 35 - State and Local Assistance |
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Subpart I - Grants for Construction of Treatment Works |
Appendix B to Subpart I of Part 35 - Allowance for Facilities Planning and Design
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Appendix B to Subpart I of Part 35 - Allowance for Facilities Planning and Design
1. This appendix provides the method EPA will use to determine both the estimated and the final allowance under § 35.2025 for facilities planning and design. The Step 2 + 3, Step 3 and Step 7 grant agreements will include an estimate of the allowance.
2. The Federal share of the allowance is determined by applying the applicable grant percentage in § 35.2152 to the allowance.
3. The allowance is not intended to reimburse the grantee for costs actually incurred for facilities planning or design. Rather, the allowance is intended to assist in defraying those costs. Under this procedure, questions of equity (i.e., reimbursement on a dollar-for-dollar basis) will not be appropriate.
4. The estimated and final allowance will be determined in accordance with this appendix and tables 1, 2 and 3. Table 2 is to be used in the event the grantee received a grant for facilities planning. Table 3 is to be used to determine the facilities planning allowance for a Step 7 grant if the grantee did not receive a Step 1 grant. The amount of the allowance is computed by applying the resulting allowance percentage to the initial allowable building cost.
5. The initial allowable building cost is the initial allowable cost of erecting, altering, remodeling, improving, or extending a treatment works, whether accomplished through subagreement or force account. Specifically, the initial allowable building cost is the allowable cost of the following:
a. The initial award amount of all prime subagreements for building the project.
b. The initial amounts approved for force account work performed in lieu of awarding a subagreement for building the project.
c. The purchase price of eligible real property.
6. The estimated allowance is to be based on the estimate of the initial allowable building cost.
7. The final allowance will be determined one time only for each project, based on the initial allowable building cost, and will not be adjusted for subsequent cost increases or decreases.
8. For a Step 3 or Step 7 project, the grantee may request payment of 50 percent of the Federal share of the estimated allowance immediately after grant award. Final payment of the Federal share of the allowance may be requested in the first payment after the grantee has awarded all prime subagreements for building the project, received the Regional Administrator's approval for force account work, and completed the acquisition of all eligible real property.
9. For a Step 2 + 3 project, if the grantee has not received a grant for facilities planning, the grantee may request payment of 30 percent of the Federal share of the estimated allowance immediately after the grant award. Half of the remaining estimated allowance may be requested when design of the project is 50 percent complete. If the grantee has received a grant for facilities planning, the grantee may request half of the Federal share of the estimated allowance when design of the project is 50 percent complete. Final payment of the Federal share of the allowance may be requested in the first payment after the grantee has awarded all prime subagreements for building the project, received the Regional Administrator's approval for force account work, and completed the acquisition of all eligible real property.
10. The allowance does not include architect or engineering services provided during the building of the project, e.g., reviewing bids, checking shop drawings, reviewing change orders, making periodic visits to job sites, etc. Architect or engineering services during the building of the project are allowable costs subject to this regulation and 40 CFR part 33.
11. The State will determine the amount and conditions of any advance under § 35.2025(b), not to exceed the Federal share of the estimated allowance.
12. EPA will reduce the Federal share of the allowance by the amount of any advances the grantee received under § 35.2025(b).
Table 1 - Allowance for Facilities Planning and Design
Building cost Allowance as a percentage of building cost* $100,000 or less 14.4945 120,000 14.1146 150,000 13.6631 175,000 13.3597 200,000 13.1023 250,000 12.6832 300,000 12.3507 350,000 12.0764 400,000 11.8438 500,000 11.4649 600,000 11.1644 700,000 10.9165 800,000 10.7062 900,000 10.5240 1,000,000 10.3637 1,200,000 10.0920 1,500,000 9.7692 1,750,000 9.5523 2,000,000 9.3682 2,500,000 9.0686 3,000,000 8.8309 3,500,000 8.6348 4,000,000 8.4684 5,000,000 8.1975 6,000,000 7.9827 7,000,000 7.8054 8,000,000 7.6550 9,000,000 7.5248 10,000,000 7.4101 12,000,000 7.2159 15,000,000 6.9851 17,500,000 6.8300 20,000,000 6.6984 25,000,000 6.4841 30,000,000 6.3142 35,000,000 6.1739 40,000,000 6.0550 50,000,000 5.8613 60,000,000 5.7077 70,000,000 5.5809 80,000,000 5.4734 90,000,000 5.3803 100,000,000 5.2983 120,000,000 5.1594 150,000,000 4.9944 175,000,000 4.8835 200,000,000 4.7894 Table 2 - Allowance for Design Only
Building cost Allowance as a percentage of building cost* $100,000 or less 8.5683 120,000 8.3808 150,000 8.1570 175,000 8.0059 200,000 7.8772 250,000 7.6668 300,000 7.4991 350,000 7.3602 400,000 7.2419 500,000 7.0485 600,000 6.8943 700,000 6.7666 800,000 6.6578 900,000 6.5634 1,000,000 6.4300 1,200,000 6.3383 1,500,000 6.1690 1,750,000 6.0547 2,000,000 5.9574 2,500,000 5.7983 3,000,000 5.6714 3,500,000 5.5664 4,000,000 5.4769 5,000,000 5.3306 6,000,000 5.2140 7,000,000 5.1174 8,000,000 5.0352 9,000,000 4.9637 10,000,000 4.9007 12,000,000 4.7935 15,000,000 4.6655 17,500,000 4.5790 20,000,000 4.5054 25,000,000 4.3851 30,000,000 4.2892 35,000,000 4.2097 40,000,000 4.1421 50,000,000 4.0314 60,000,000 3.9432 70,000,000 3.8702 80,000,000 3.8080 90,000,000 3.7540 100,000,000 3.7063 120,000,000 3.6252 150,000,000 3.5284 175,000,000 3.4630 200,000,000 3.4074 Table 3 - Allowance for Facilities Planning for Design/Build Projects
Building cost (dollars) Allowance as a percentage of building cost* 100,000 or less 5.9262 120,000 5.7337 150,000 5.5061 175,000 5.3538 200,000 5.2250 250,000 5.0163 300,000 4.8516 350,000 4.7162 400,000 4.6019 500,000 4.4164 600,000 4.2701 700,000 4.1499 800,000 4.0483 900,000 3.9606 1,000,000 3.8837 1,200,000 3.7538 1,500,000 3.6003 1,750,000 3.4976 2,000,000 3.4109 2,500,000 3.2703 3,000,000 3.1595 3,500,000 3.0684 4,000,000 2.9915 5,000,000 2.8669 6,000,000 2.7686 7,000,000 2.6880 8,000,000 2.6198 [49 FR 6234, Feb. 17, 1984, as amended at 55 FR 27098, June 29, 1990]