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Electronic Code of Federal Regulations

e-CFR Data is current as of August 18, 2014

Title 40Chapter ISubchapter BPart 35Subpart I → Appendix


Title 40: Protection of Environment
PART 35—STATE AND LOCAL ASSISTANCE
Subpart I—Grants for Construction of Treatment Works


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 costAllowance as a percentage of building cost*
$100,000 or less14.4945
120,00014.1146
150,00013.6631
175,00013.3597
200,00013.1023
250,00012.6832
300,00012.3507
350,00012.0764
400,00011.8438
500,00011.4649
600,00011.1644
700,00010.9165
800,00010.7062
900,00010.5240
1,000,00010.3637
1,200,00010.0920
1,500,0009.7692
1,750,0009.5523
2,000,0009.3682
2,500,0009.0686
3,000,0008.8309
3,500,0008.6348
4,000,0008.4684
5,000,0008.1975
6,000,0007.9827
7,000,0007.8054
8,000,0007.6550
9,000,0007.5248
10,000,0007.4101
12,000,0007.2159
15,000,0006.9851
17,500,0006.8300
20,000,0006.6984
25,000,0006.4841
30,000,0006.3142
35,000,0006.1739
40,000,0006.0550
50,000,0005.8613
60,000,0005.7077
70,000,0005.5809
80,000,0005.4734
90,000,0005.3803
100,000,0005.2983
120,000,0005.1594
150,000,0004.9944
175,000,0004.8835
200,000,0004.7894

Note: The allowance does not reimburse for costs incurred. Accordingly, the allowance tables shall not be used to determine the compensation for facilities planning or design services. The compensation for facilities planning or design services should be based upon the nature, scope and complexity of the services required by the community.

*Interpolate between values.

Table 2—Allowance for Design Only

Building costAllowance as a percentage of building cost*
$100,000 or less8.5683
120,0008.3808
150,0008.1570
175,0008.0059
200,0007.8772
250,0007.6668
300,0007.4991
350,0007.3602
400,0007.2419
500,0007.0485
600,0006.8943
700,0006.7666
800,0006.6578
900,0006.5634
1,000,0006.4300
1,200,0006.3383
1,500,0006.1690
1,750,0006.0547
2,000,0005.9574
2,500,0005.7983
3,000,0005.6714
3,500,0005.5664
4,000,0005.4769
5,000,0005.3306
6,000,0005.2140
7,000,0005.1174
8,000,0005.0352
9,000,0004.9637
10,000,0004.9007
12,000,0004.7935
15,000,0004.6655
17,500,0004.5790
20,000,0004.5054
25,000,0004.3851
30,000,0004.2892
35,000,0004.2097
40,000,0004.1421
50,000,0004.0314
60,000,0003.9432
70,000,0003.8702
80,000,0003.8080
90,000,0003.7540
100,000,0003.7063
120,000,0003.6252
150,000,0003.5284
175,000,0003.4630
200,000,0003.4074

Note: The allowance does not reimburse for costs incurred. Accordingly, the allowance tables shall not be used to determine the compensation for facilities planning or design services. The compensation for facilities planning or design services should be based upon the nature, scope and complexity of the services required by the community.

*Interpolate between values.

Table 3—Allowance for Facilities Planning for Design/Build Projects

Building cost (dollars)Allowance as a percentage of building cost*
100,000 or less5.9262
120,0005.7337
150,0005.5061
175,0005.3538
200,0005.2250
250,0005.0163
300,0004.8516
350,0004.7162
400,0004.6019
500,0004.4164
600,0004.2701
700,0004.1499
800,0004.0483
900,0003.9606
1,000,0003.8837
1,200,0003.7538
1,500,0003.6003
1,750,0003.4976
2,000,0003.4109
2,500,0003.2703
3,000,0003.1595
3,500,0003.0684
4,000,0002.9915
5,000,0002.8669
6,000,0002.7686
7,000,0002.6880
8,000,0002.6198

Note: Building cost is the sum of the allowable cost of (1) the initial award amount of the prime subagreement for building and designing the project; and (2) the purchase price of eligible real property.

*Interpolate between values.

[49 FR 6234, Feb. 17, 1984, as amended at 55 FR 27098, June 29, 1990]



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