y§z)
         U.S. ENVIRONMENTAL PROTECTION AGENCY
         OFFICE OF INSPECTOR GENERAL
                         Catalyst for Improving the Environment
Site Visit Report
      American Recovery and
      Reinvestment Act Site Visit of the
      Wastewater Treatment Facility
      Improvements Project,
      Perkins, Oklahoma

      Report No. 11-R-0214
      May 2, 2011

-------
Report Contributors:                         Safiya Chambers
                                             Bill Spinazzola
                                             Leah Nikaidoh
                                             Michael Rickey
                                             John Trefry
Cover photo: Construction site of the wastewater treatment facility improvements project in
             Perkins, Oklahoma. (U.S. Environmental Protection Agency Office of
             Inspector General photo)
   Hotline

   To report fraud, waste, or abuse, contact us through one of the following methods:

   e-mail:    OIGJHotline@epa.gov                  write:   EPA Inspector General Hotline
   phone:    1-888-546-8740                               1200 Pennsylvania Avenue NW
   fax:       703-347-8330                                 Mailcode 8431P (Room N-4330)
   online:    http://www.epa.gov/oig/hotline.htm                Washington, DC 20460

-------
I

                 U.S. Environmental Protection Agency
                 Office of Inspector General

                 At  a  Glance
                                                                                   11-R-0214
                                                                                  May 2, 2011

Why We Did This Review

The U.S. Environmental
Protection Agency Office of
Inspector General conducts site
visits of American Recovery and
Reinvestment Act of 2009
(Recovery Act) clean water and
drinking water projects. The
purpose of the visits is to confirm
compliance with selected
Recovery Act requirements.
We selected a project located in
Perkins, Oklahoma, for review.

Background

The Perkins Public Works
Authority received a $7,225,000
loan from the State of Oklahoma
Water Resources Board through
the state's Clean Water State
Revolving Fund Financing
Program. The purpose of the loan
was to improve the wastewater
treatment facility in order to meet
its permitted discharge
requirements. The  loan included
$2 million in Recovery Act funds
for loan forgiveness. The public
works authority was required to
repay the remaining loan amount
of $5,225,000 over 20 years.
                                                            Catalyst for Improving the Environment
                              American Recovery and Reinvestment Act
                              Site Visit of the  Wastewater Treatment Facility
                              Improvements Project, Perkins,  Oklahoma
                              What We Found
                             We conducted an unannounced visit of the construction site of the Perkins
                             Public Works Authority's wastewater treatment facility improvements project
                             in Perkins, Oklahoma, on April 19-22, 2010. We toured the project site;
                             interviewed public works, engineering, and contractor personnel; and reviewed
                             documentation related to Recovery Act requirements.

                             Based upon our site visit, we did not identify any issues that would require
                             action by the Perkins Public Works Authority, the State of Oklahoma, or the
                             U.S. Environmental Protection Agency.
For further information,
contact our Office of
Congressional, Public Affairs and
Management at (202) 566-2391.

The full report is at:
www.epa.qov/oiq/reports/20117
20110502-11-R-0214.pdf

-------
           \       UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
            S                     WASHINGTON, D.C. 20460
                                                                       THE INSPECTOR GENERAL
                                     May 2, 2011

MEMORANDUM

SUBJECT:   American Recovery and Reinvestment Act Site Visit of the
             Wastewater Treatment Facility Improvements Project, Perkins, Oklahoma
             Report No. ll-R-0214
FROM:      Arthur A. Elkins, Jr.       ^^   .       —
             Inspector General

TO:         Al Armendariz
             Regional Administrator, Region 6
             U.S. Environmental Protection Agency
This is our report on the subject site visit conducted by the Office of Inspector General of the
U.S. Environmental Protection Agency. The report summarizes the results of our site visit of the
City of Perkins, Oklahoma, wastewater treatment facility improvements project.

We performed this site visit as part of our responsibility under the American Recovery and
Reinvestment Act of 2009 (Recovery Act). The purpose of our site visit was to determine the
city's compliance with selected requirements of the Recovery Act pertaining to the Clean Water
State Revolving Fund program. The Oklahoma Water Resources Board approved the city's
project and awarded a loan of $7,225,000. The loan included $2 million in Recovery Act funds
for principal forgiveness.

The estimated direct labor and travel costs for this report are $98,549.

Action Required

Because this report contains no recommendations, you are not required to respond to this report.
The report will be made available at http://epa.gov/oig. If you or your staff have any questions
regarding this report, please contact Melissa Heist, Assistant Inspector General for Audit, at
(202) 566-0899 or heist.melissa@epa.gov: or Robert Adachi, Product Line Director, at
(415) 947-4537 or adachi.robert@epa.gov.

-------
Purpose
             The purpose of our unannounced site visit was to determine whether the Perkins
             Public Works Authority, Perkins, Oklahoma, had complied with selected
             requirements of the American Recovery and Reinvestment Act of 2009 (Recovery
             Act), P.L. 111-5, pertaining to the Clean Water State Revolving Fund program.
Background
             The Perkins Public Works Authority, a public trust with the City of Perkins,
             received a $7,225,000 loan from the State of Oklahoma Water Resources Board
             through the state's Clean Water State Revolving Fund Financing Program. The
             purpose of the loan was to improve the wastewater treatment facility in order to
             meet its permitted discharge requirements. The loan included Recovery Act funds
             of $2 million for loan forgiveness. The public works authority must repay the
             remaining loan amount of $5,225,000 over 20 years.

             The estimated cost of the project in May 2008 was $5.2 million; $4 million of the
             cost was for construction. In May 2009, the estimated project cost increased to
             over $7.2 million, primarily due to the increase in actual construction costs to
             almost $5.9 million. As of May 24, 2010, expenditures for the project totaled
             $3.7 million.
Scope and Methodology
             Due to the time-critical nature of Recovery Act requirements, we did not perform
             this assignment in accordance with generally accepted government auditing
             standards. We did not perform certain steps that would allow us to obtain
             information to assess the public works authority's internal control and any
             previously reported audit concerns. As a result, we do not express an opinion on
             the adequacy of internal control, or compliance with all federal, state, or local
             requirements.

             We conducted our unannounced site visit from April  19-22, 2010. During our
             visit, we:

                 1.  Toured the proj ect
                2.  Interviewed public works authority, engineering, and contractor personnel
                3.  Reviewed documentation maintained by the public works authority, its
                    engineer, and project contractors on the following matters:
                       a. Buy American requirements under Section 1605 of the Recovery
                          Act
                       b. Wage rate requirements under Section 1606 of the Recovery Act
                       c. Limits on funds and reporting requirements under sections 1604
                          and 1512 of the Recovery Act
                       d. Contract procurement
11-R-0214

-------
Results of Site Visit
             Based upon our site visit, we did not identify any issues that would require action
             by the Perkins Public Works Authority, the State of Oklahoma, or the U.S.
             Environmental Protection Agency. We have summarized our results in the
             following sections.

             Buy American Requirements

             We found that the public works authority's construction  contractor, Quicksilver
             Construction Company, Inc., complied with the Buy American provisions of the
             Recovery Act. Quicksilver completed a Buy American certification and obtained
             a certification from its subcontractor and suppliers. When ordering equipment and
             supplies, Quicksilver personnel stated that they specified that the item must be
             made in America. They also stated that they verified that a product was American
             made when it was delivered to the construction site. We  noted that supplies stored
             at the site were stamped "made in America."

             Wage Rate Requirements

             The construction contractor  complied with Section 1606 of the Recovery  Act. We
             interviewed all nine employees at the construction site on April 20, 2010. We
             compared pay rates and labor categories stated by employees during the interview
             to the contractor's certified payroll to identify significant differences. We also
             compared the pay rates to those specified by the U.S. Department of Labor for
             heavy construction workers in Payne County, Oklahoma (the county where
             Perkins is located). All of the employees were paid at rates higher than those
             specified by the U.S. Department of Labor.

             Representatives from the Oklahoma Water Resources Board also conducted wage
             rate interviews for five contractor employees at the site on November 18,  2009,
             and compared the employees'  stated pay rates to those specified in the
             contractor's records. No exceptions were noted.

             Limits on Funds and Reporting

             We reviewed the public works authority's loan documentation and visited the
             construction site to ensure the public works authority was in compliance with
             section 1604 of the Recovery Act, which states that no Recovery Act funds can be
             used for any casino, other gambling establishment, aquarium, zoo, golf course, or
             swimming pool. We did not identify any issues of concern.

             We concluded that the public works authority was in compliance with its
             responsibilities under Section 1512 of the Recovery Act  which requires reports on
             the use of funds and the number of jobs created or retained.
11-R-0214

-------
             The public works authority prepared reimbursement requests for eligible incurred
             costs. Each reimbursement request in our sample was supported with copies of
             checks, contractor pay estimates, and contractor and vendor invoices. The
             construction contractor prepared the pay estimates. The design engineer and the
             city manager reviewed and approved the pay estimates. In our sample of
             reimbursement requests, the total amount of each request agreed to the
             expenditures recorded in the general ledger without exception.

             Procurement Practices

             We found that the public works authority complied with its stated procurement
             practices for construction contracts. Bids were advertised publicly. The project
             was based on the approved plan and specifications, and the plan included
             Recovery Act requirements for Buy American and wage rate requirements. Six
             bidders responded to the advertisement, and the lowest bidder—Quicksilver
             Construction, Inc., Norman, Oklahoma—was selected. Quicksilver's bid amount
             of $5,875,349 exceeded the engineer's estimated construction costs of $3,977,500.

Recommendations

             We have no recommendations.

Response and Office  of Inspector General Comment

             Because we have no recommendations, we did not require or receive comments to
             the draft report. On April 7, 2011, we held an exit conference with representatives
             from the U.S. Environmental Protection Agency's Region 6, the Oklahoma Water
             Resources Board, and the City of Perkins.
11-R-0214

-------
                        Status  of Recommendations and
                           Potential Monetary Benefits
                                                                      POTENTIAL MONETARY
                           RECOMMENDATIONS                                BENEFITS (in $OOOs)
                                                            Planned
 Rec.   Page                                                  Completion     Claimed   Agreed-To
 No.   No.             Subject            Status1     Action Official      Date       Amount    Amount
                  No recommendations
  0 = recommendation is open with agreed-to corrective actions pending
  C = recommendation is closed with all agreed-to actions completed
  U = recommendation is undecided with resolution efforts in progress
11-R-0214

-------
                                                                        Appendix A


                                 Distribution

Office of the Administrator
Regional Administrator, Region 6
Director, Grants and Interagency Agreements Management Division,
      Office of Administration and Resources Management
Agency Followup Official (the CFO)
Agency Followup Coordinator
General  Counsel
Associate Administrator for Congressional and Intergovernmental Relations
Associate Administrator for External Affairs and Environmental Education
Audit Followup Coordinator, Region 6
Public Affairs Officer, Region 6
Executive Director, Oklahoma Water Resources Board
Director, Oklahoma Water Resources Board, Financial Assistance Division
Mayor and Chairman of the  Perkins Public Works Authority, City of Perkins, Oklahoma
City Manager, City of Perkins, Oklahoma
11-R-0214

-------