HomeMy WebLinkAboutAgenda Report - December 18, 2019 C-20AGENDAITEM
CITY OF LODI
COUNCIL COMMUNICATION
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AGENDA TITLE: Adopt Resolution Authorizing City Manager to Execute Amendment No. 2 to
Professional Services Agreement with Stantec Consulting Services, Inc., of
Rancho Cordova for Preparation and Submission of FY 2020 Grant Application for
Community -Wide Assessment Grant for Hazardous Substances and Petroleum
Brownfields to US Environmental Protection Agency, extend the original consulting
agreement expiration date to March 31, 2020, increase contract by $11,523.72,
and appropriate funds ($11,785.71)
MEETING DATE: December 18, 2019
PREPARED BY: Economic Development Manager
RECOMMENDED ACTION: Adopt resolution authorizing City Manager to execute Amendment
No. 2 to Professional Services Agreement with Stantec Consulting
Services, Inc., of Rancho Cordova for preparation and submission
of FY 2020 grant application for community -wide assessment grant for hazardous substances and
petroleum brownfields to US Environmental Protection Agency, extend the original grant agreement
expiration date to March 31, 2020, increase contract by $11,523.72, and appropriate funds ($11,785.71).
BACKGROUND INFORMATION: The FY 2020 Brownfields Grant competition guidelines were issued
on October 9, 2019 with a submission deadline of December 3, 2019.
Stantec was previously retained by the City to research and write the
EPA brownfield grant during the FY2015 grant competition, and was subsequently retained to implement
the awarded grant. The current grant expires on March 31, 2020. This amendment has three purposes.
First, it will amend the original consulting agreement expiration date to March 31, 2020. Second, it will
amend the original scope of services to include a task involving the preparation of a second brownfields
grant application. Third, it will increase the FY 20 contract budget in the amount of $11,523.72 from
existing grant funds.
In addition to amending the contract with Stantec and increasing the FY 20 budget from existing grant
funds, the resolution will authorize an appropriation adjustment in the amount of $11,785.71.
The reason for the appropriation adjustment was an underestimation of the completion of projects in the
current fiscal year.
To date, the existing grant application, a grant of $400,000 has provided for the assessment of 14
projects/parcels, including Phase I and Phase II environmental assessments, sampling and analysis plans,
a market reuse study and a noise mitigation study. Throughout the course of the existing grant, staff held
bi-weekly meetings with Stantec who served as project manager. Quarterly updates were provided to and
discussed with the state of California's EPA Brownfields Manager. Following the approval of the resolution,
the grant will be expended.
��:'I RIP 1.1, 11 - . -
Adopt Resolution Authorizing City Manager to Execute Amendment No.2 to Professional Services Agreement with Stantec
Consulting Services, Inc., of Rancho Cordova for Preparation and Submission of FY 2020 Grant Application for Community -
Wide Assessment Grant for Hazardous Substances and Petroleum Brownfields to US Environmental Protection Agency
November 20, 2019
Page 2 of 2
As a result of this past work and in consideration of the detailed knowledge and expertise gained by
Stantec about Lodi's brownfields program, staff recommends the City Council consider the approval of this
amendment.
The additional service related to the new grant application is being offered to the City of Lodi at no cost in
anticipation of Stantec being retained under an additional amendment to serve as project manager of the
new grant work. Should the grant not be awarded to the City of Lodi, no financial remuneration is due
Stantec for this grant application task.
FISCAL IMPACT: This contract adjustment and appropriation adjustment request to the current FY grant
budget will increase the contract and utilize the remaining funds on the grant with EPA. The contract
amendment with Stantec is an increase of $11,523.72. The grant budget appropriation increase request
is $11,785.71.
FUNDING AVAILABLE: The grant award of $400,000 is a reimbursable grant. The current FY 20
budget is $36,000; increasing the expenditure budget (27083000.72450) and recognizing the revenue
(27083000.56004) of $11,785.71 will fully allocate the grant award.
G,;P, dam,
Astrida Trupovnieks
Economic Development Manager
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Stevechwabauer
City Manager
AMENDMENT NO. 2
STANTEC CONSULTING SERVICES
BROWNFIELDS GRANT IMPLEMENTATION SERVICES
THIS AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT, is made and
entered this day of December, 2019, by and between the CITY OF LODI, a municipal corporation
(hereinafter "CITY"), and STANTEC CONSULTING SERVICES INC., a New York corporation qualified
to do business in California (hereinafter "CONTRACTOR").
WITNESSETH:
WHEREAS, CONTRACTOR and CITY entered into a Professional Services Agreement on April
5, 2016 ("Agreement") and Contract Amendment No. 1 on September 4, 2019 ( "Amendment No.
1"), collectively attached hereto as Exhibit 1 and made a part hereof; and
2. WHEREAS, CONTRACTOR was retained by CITY under the Agreement to prepare an EPA
brownfield grant during the FY2015 grant competition, and to implement the awarded grant; and
3. WHEREAS, CONTRACTOR and CITY now desire to amend the Agreement to extend the term
of the Agreement to March 31, 2020 and revise its scope of services to authorize
CONTRACTOR to assist CITY in preparing and submitting an application to the U.S.
Environmental Protection Agency ("USEPA") for a Community -Wide Assessment Grant for
Hazardous Substances and Petroleum Brownfields for FY2020 ("Grant"); and
4. WHEREAS, assisting CITY with the submission of the Grant application is offered by
CONTRACTOR at no additional cost to CITY, on the premise CONTRACTOR will be retained as
CITY's Brownfields Project Manager, if CITY is awarded the Grant; and
5. WHEREAS, CONTRACTOR and CITY agree that if the Grant is not awarded to CITY, no
financial remuneration is owed to CONTRACTOR concerning the Grant; and
6. WHEREAS, CITY desires to further expand the scope of services to include various projects
unrelated to the Grant, and increase the fees payable to CONTRACTOR by the sum of
$11,523.72 to fund such projects with remaining and unallocated grant funds set to expire on
March 31, 2020.
NOW, THEREFORE, the parties agree to amend the Agreement and extend the term of the
Agreement to March 31, 2020, to expand CONTRACTOR's scope of services to provide assistance to
CITY in preparing and submitting the Grant application as described hereinabove, to further expand
CONTRACTOR's scope of services to include projects unrelated to the Grant, and increase fees
payable to CONTRACTOR by $11,523.72 for such other projects. This Amendment No. 2 supersedes
[The balance of this page is intentionally left blank.]
Amendment No. 1, all terms and conditions shall remain as set forth in the Agreement, except as
modified in this Amendment No. 2.
IN WITNESS WHEREOF, CITY and CONTRACTOR have executed this Amendment No. 2 on
the date and year first above written.
CITY OF LODI, a municipal corporation STANTEC CONSULTING SERVICES INC., a New
York corporation
STEPHEN SCHWABAUER
City Manager
Attest
JENNIFER M. FERRAIOLO, City Clerk
NEIL DORAN
Senior Geologist
Approved as to Form:
JANICE D. MAGDICH, City Attorney
rl;
EXH 13 IT
AMENDMENT NO. 1
STANTEC CONSULTING SERVICES INC.
PROFESSIONAL SERVICES AGREEMENT
BROWNFIELDS GRANT IMPLEMENTATION SERVICES
THIS AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT, is
made and entered this � day of Sy�c� 2019, by and between the
CITY OF LODI, a municipal corporation (hereinafter "CITY"), and STANTEC
CONSULTING SERVICES INC., a New York corporation qualified to do business in
California (hereinafter "CONTRACTOR").
WITNESSETH:
1. WHEREAS, CONTRACTOR and CITY entered into a Professional Services
Agreement on April 5, 2016, as set forth in Exhibit 1, attached hereto and made a
part hereof; and
2. WHEREAS, CITY requested to amend said Agreement to extend the term of the
Agreement through December 31, 2019; and
3, WHEREAS, CONTRACTOR agrees to said amendment.
NOW, THEREFORE, the parties agree to amend the Agreement and extend the
term of the Agreement to December 31, 2019. All other terms and conditions of the
Agreement remain unchanged.
IN WITNESS WHEREOF, CITY and CONTRACTOR have executed this
Amendment No. 1 on the date and year first above written.
CITY OF LODI, a municipal corporation
STEPHEN SCHWABA
City Manager
I-ONIFERJ.' • • Clerk
Approved as to Form:
go
MAGDICH
rney
STANTEC CONSULTING SERVICES, a
New York corporation
NAME: Neil Doran
Title: Senior Geologist
Stantec
3875 Atherton Road
Rocklin, CA 95765
E%X0,' 9H J 3 J 1 I
AGREEMENT FOR PROFESSIONAL SERVICES
ARTICLE 1
PARTIES AND PURPOSE
Section 1.1 Parties
THIS AGREEMENT is entered into on February -a;. 2016, by and between the
CITY OF L.ODI, a municipal corporation (hereinafter "CITY"), and STANTEC
CONSULTING SERVICES INC. (hereinafter "CONTRACTOR").
Section 1.2 Pu_ rpose
CITY selected the CONTRACTOR to provide the services required in
accordance with attached Scope of Services, Exhibit A, attached and Incorporated by
this reference.
CITY wishes to enter into an agreement with CONTRACTOR for
BROWNFIELDS GRANT IMPLEMENTATION SERVICES (hereinafter "Project") as set
forth in the Scope of Services attached here as Exhibit A. CONTRACTOR
acknowledges that it is qualified to provide such services to CITY.
ARTICLE 2
SCOPE OF SERVICES
Section 2.1 Sco 7e of Services
CONTRACTOR, for the benefit and at the direction of CITY, shall perform the
Scope of Services as set forth in Exhibit A.
Section 2.2 Thno For Commencement and Completion of Work
CONTRACTOR shall commence work pursuant to this Agreement, upon receipt
of a written notice to proceed from CITY or on the date set forth in Section 2.6,
whichever occurs first, and shall perform all services diligently and complete work under
this Agreement based on a mutually agreed upon timeline or as otherwise designated in
the Scope of Services.
CONTRACTOR shall submit to CITY such reports, diagrams, drawings and other
work products as may be designated in the Scope of Services.
CONTRACTOR shall not be responsible for delays caused by the failure of CITY
staff to provide required data or review documents within the appropriate time frames.
The review time by CITY and any other agencies involved in the project shall not be
counted against CONTRACTOR's contract performance period. Also, any delays due to
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weather, vandalism, acts of God, etc., shall not be counted. CONTRACTOR shall
remain in contact with reviewing agencies and make all efforts to review and return all
comments.
Section 2.3 Meetings
CONTRACTOR shall attend meetings as may.be set forth in the Scope of
Services.
Section 2.4 Staffina
CONTRACTOR acknowledges that CITY has relied on CONTRACTOR's
capabilities and on the qualifications of CONTRACTOR's principals and staff as
identified In its proposal to CITY. The Scope of Services shall be performed by
CONTRACTOR, unless agreed to otherwise by CITY in writing. CITY shall be notified
by CONTRACTOR of any change of Project Manager and CITY is granted the right of
approval of all original, additional and replacement personnel at CITY's sole discretion
and shall be notified by CONTRACTOR of any changes of CONTRACTOR's project staff
prior to any change.
CONTRACTOR represents it Is prepared to and can perform all services within
the Scope of Services (Exhibit A) and is prepared to and can perform all services
specified therein. CONTRACTOR represents that it has, or will have at the time this
Agreement is executed, all licenses, permits, qualifications, insurance and approvals of
whatsoever nature are legally required for CONTRACTOR to practice its profession, and
that CONTRACTOR shall, at Its own cost and expense, keep in effect during the life of
this Agreement all such licenses, permits, qualifications, insurance and approvals, and
shall indemnify and hold harmless CITY against any costs associated with such
licenses, permits, qualifications, insurance and approvals which may be imposed against
CITY under this Agreement.
Section 2.6 Subcontracts
Unless prior written approval of CITY is obtained, CONTRACTOR shall not enter
into any subcontract with any other party for purposes of providing any work or services
covered by this Agreement.
Section 2.6 Term
The term of this Agreement commences on September 1, 2015 and terminates
upon the completion of the Scope of Services or on December 31, 2018, whichever
occurs first.
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ARTICLE 3
COMPENSATION
Section 3.1 Compensation
CONTRACTOR's compensation for all work under this Agreement shall conform
to the provisions of the Fee Proposal, attached hereto as Exhibit B and incorporated by
this reference.
CONTRACTOR shall not undertake any work beyond the scope of this
Agreement unless such additional work is approved in advance and in writing by CITY.
Section 3.2 Method of Payment
CONTRACTOR shall submit invoices for completed work on a monthly basis, or
as otherwise agreed, providing, without limitation, details as to amount of hours,
individual performing said work, hourly rate, and indicating to what aspect of the Scope
of Services said work is attributable. CONTRACTOR's compensation for all work under
this Agreement shall not exceed the amount of the Fee Proposal,
Section 3.3 Costs
The Fee Proposal shall include all reimbursable costs required for the
performance of the Scope of Services. Payment of additional reimbursable costs
considered to be over and above those inherent in the original Scope of Services shall
be approved in advanced and In writing, by CITY.
Section 3.4 Auditing
CITY reserves the right to periodically audit all charges made by CONTRACTOR
to CITY for services under this Agreement. Upon request, CONTRACTOR agrees to
furnish CITY, or a designated representative, with necessary information and assistance
needed to conduct such an audit.
CONTRACTOR agrees that CITY or its delegate will have the right to review,
obtain and copy all records pertaining to performance of this Agreement.
CONTRACTOR agrees to provide CITY or its delegate with any relevant information
requested and shall permit CITY or its delegate access to its premises, upon reasonable
notice, during normal business hours for the purpose of interviewing employees and
Inspecting and copying such books, records, accounts, and other material that may be
relevant to a matter under investigation for the purpose of determining compliance with
this requirement. CONTRACTOR further agrees to maintain such records for a period of
three (3) years after final payment under this Agreement. Notwithstanding the foregoing,
the CITY's right to inspect, copy and audit shall not extend to the composition of the
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CONTRACTOR's rates and fees, percentage mark-ups or multipliers, but shall apply
only to their application to the applicable units.
ARTICLE 4
MISCELLANEOUS PROVISIONS
Section 4.1 Nondiscrimination
In performing services under this Agreement, CONTRACTOR shall not
discriminate in the employment of its employees or in the engagement of any sub
CONTRACTOR on the basis of race, color, religion, sex, sexual orientation, marital
status, national origin, ancestry, age, or any other criteria prohibited by law.
Section 4.2 ADA Compliance
In performing services under this Agreement, CONTRACTOR shall comply with
the Americans with Disabilities Act (ADA) of 1990, and all amendments thereto, as well
as all applicable regulations and guidelines issued pursuant to the ADA.
Section 4.3 Indemnification and Resuonsibilit-yior Damage
CONTRACTOR to the fullest extent permitted by law, shall indemnify and hold
harmless CITY, its elected and appointed officials, directors, officers, and employees
from and against any statutory tort claims, damages, losses, and expenses (including
reasonable attorney's fees and costs), to the extent caused by the negligent acts, errors
or omissions of CONTRACTOR, any subcontractor employed directly by
CONTRACTOR, anyone directly or indirectly employed by any of them, or anyone for
whose acts they may be liable, except those injuries or damages arising out of the active
negligence, sole negligence, or sole willful misconduct of the City of Lodi, its elected and
appointed officials, directors, officers, employees and volunteers. CITY may, at its
election, conduct the defense or participate in the defense of any claim related in any
way to this indemnification. If CITY chooses at its own election to conduct its own
defense, participate in its own defense, or obtain independent legal counsel in defense
of any claim related to this indemnification, CONTRACTOR shall pay all of the costs
related thereto, including without limitation reasonable attorney fees and costs. The
defense and indemnification obligations required by this Agreement are undertaken in
addition to, and shall not in any way be limited by the insurance obligations set forth
herein,
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Section 4.4 No Personal Liability
Neither the City Councll, nor any other officer or authorized assistant or agent or
City employee shall be personally responsible for any liability arising under this
Agreement.
Section 4.5 ResponsIbIlity of CITY
CITY shall not be held responsible for the care or protection of any material or
parts of the work described in the Scope of Services prior to final acceptance by CITY,
except as expressly provided herein.
Section 4.6 Insurance_ Requirements_ for CONTRACTOR
CONTRACTOR shall take out and maintain during the life of this Agreement,
insurance coverage as set forth in Exhibit C attached hereto and incorporated by this
reference.
Section 4.7 Successors and Asslnns
CITY and CONTRACTOR each bind themselves, their partners, successors,
assigns, and legal representatives to this Agreement without the written consent of the
others. CONTRACTOR shall not assign or transfer any interest in this Agreement
without the prior written consent of CITY. Consent to any such transfer shall be at the
sole discretion of CITY.
Section 4.8 Notices
Any notice required to be given by the terms of this Agreement shall be in writing
signed by an authorized representative of the sender and shall be deemed to have been
given when the same is personally served or upon receipt by express or overnight
delivery, postage prepaid, or three (3) days from the time of mailing if sent by first class
or certified mail, postage prepaid, addressed to the respective parties as follows;
To CITY: City of Lodi
221 West Pine Street
P.O. Box 3006
Lodi, CA 95241-1910
Attn: Joseph Wood
To CONTRACTOR: Stantec Consulting Services Inc.
3017 Kilgore Rd., Suite 100
Rancho Cordova, CA 95670
Attn: Matthew Battin, Associate Scientist
Section 4.9 Cooperation of CITY
CITY shall cooperate fully and in a timely manner in providing relevant
information it has at its disposal relevant to the Scope of Services.
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Section 4.10 CONTRACTOR Is Not an Employee of CITY
CONTRACTOR agrees that in undertaking the duties to be performed under this
Agreement, it shall act as an independent contractor for and on behalf of CITY and not
an employee of CITY. CITY shall not direct the work and means for accomplishment of
the services and work to be performed hereunder. CITY, however, retains the right to
require that work performed by CONTRACTOR meet specific standards without regard
to the manner and means of accomplishment thereof.
Section 4.11 Termination
CITY may terminate this Agreement, with or without cause, by giving
CONTRACTOR at least ten (10) days written notice. Where phases are anticipated
within the Scope of Services, at which an intermediate decision is required concerning
whether to proceed further, CITY may terminate at the conclusion of any such phase.
Upon terminatlon, CONTRACTOR shall be entitled to payment as set forth in the
attached Exhibit B to the extent that the work has been performed. Upon termination,
CONTRACTOR shall immediately suspend all work on the Project and deliver any
documents or work in progress to CITY. However, CITY shall assume no liability for
costs, expenses or lost profits resulting from services not completed or for contracts
entered into by CONTRACTOR with third parties in reliance upon this Agreement.
Section 4.12 Confidentiality
CONTRACTOR agrees to maintain confidentiality of all work and work products
produced under this Agreement, except to the extent otherwise required by law or
permitted in writing by CITY. CITY agrees to maintain confidentiality of any documents
owned by CONTRACTOR and clearly marked by CONTRACTOR as "Confidential" or
"Proprietary", except to the extent otherwise required by law or permitted in writing by
CONTRACTOR. CONTRACTOR acknowledges that CITY is subject to the California
Public Records Act. The use and disclosure of the confidential information shall not
apply to information which (a) was known to the CONTRACTOR before receipt of same
from the CITY; or (b) becomes publicly known other than through the CONTRACTOR.
Section 4.13 Applicable Law Jurisdiction Severability,and Attorney's Fees
This Agreement shall be governed by the laws of the State of California.
Jurisdiction of litigation arising from this Agreement shall be venued with the San
Joaquin County Superior Court. If any part of this Agreement is found to conflict with
applicable laws, such part shall be inoperative, null, and void insofar as it is in conflict
with said laws, but the remainder of this Agreement shall be in force and effect. In the
6
event any dispute between the parties arises under or regarding this Agreement, the
prevailing party in any litigation of the dispute shall be entitled to reasonable attorney's
fees from the party who does not prevail as determined by the San Joaquin County
Superior Court.
Section 4.14 Citi Business License Reguirement
CONTRACTOR acknowledges that Lodi Municipal Code Section 3.01.020
requires CONTRACTOR to have a city business license and CONTRACTOR agrees to
secure such license and pay the appropriate fees prior to performing any work
hereunder.
Section 4.16 Captions
The captions of the sections and subsections of this Agreement are for
convenience only and shall not be deemed to be relevant in resolving any question or
interpretation or intent hereunder.
Section 4.16 Integration and Modification
This Agreement represents the entire understanding of CITY and
CONTRACTOR as to those matters contained herein. No prior oral or written
understanding shall be of any force or effect with respect to those matters covered
hereunder. This Agreement may not be modified or altered except in writing, signed by
both parties.
Section 4.17 Contract Terms Prevail
All exhibits and this Agreement are intended to be construed as a single
document. Should any inconsistency occur between the specific terms of this
Agreement and the attached exhibits, the terms of this Agreement shall prevail.
Section 4.18 Severability
The invalidity in whole or in part of any provision of this Agreement shall not void
or affect the validity of any other provision of this Agreement.
Section 4.19 Ownerships of Documents
All documents, photographs, reports, analyses, audits, computer media, or other
material documents' or data, and working papers, whether or not in final form, which
have been obtained or prepared under this Agreement, shall be deemed the property of
CITY. Upon CITY's request, CONTRACTOR shall allow CITY to inspect all such
documents during CONTRACTOR's regular business hours. Upon termination or
completion of services under this Agreement, all information collected, work product and
documents shall be delivered by CONTRACTOR to CITY within ten (10) calendar days.
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CITY agrees to indemnify, defend and hold CONTRACTOR harmless from any
liability resulting from CITY's use of such documents for any purpose other than the
purpose for which they were intended,
Section 4.20 Authority
The undersigned hereby represent and warrant that they are authorized by the
parties to execute this Agreement.
Section 4.21 Rec ulrements for Pro acts Fundgid by Federal Grant
The requirements, conditions, and disclosures under 2 Code of Federal
Regulations 200, Uniform Administrative Requirements, Cost Principals, and Audit
Requirements for Federal Awards, including the Appendices thereto, apply to this
Agreement. In the event of a conflict between the terms of this Agreement or any of its
other exhibits, and the provisions of 2 CFR 200, the provisions of 2 CFR200 will control.
Section 4.22 Reports by Contractor
Any report produced by CONTRACTOR in relation to the Scope of
Services is intended for the sole use of CITY. The report(s) may not be relied upon by
any other party without the express written consent of CONTRACTOR, which may be
withheld at CONTRACTOR's discretion. Any such consent will provide no greater rights
to the third party than those held by CITY under this Agreement, and will only be
•.-� � .u.eti
authorized pursuant to the conditions of CONTRACTOR's sand farm reliance letter, a
copy of which is attached hereto as Exhibit D and incorporated by this reference.
IN WITNESS WHEREOF, CITY and CONTRACTOR have executed this
Agreement as of the date first above written.
ATTEST: CITY OF LODI, a municipal corporation
JE FER M. R AIOLO ST P E SCI4 AB UER
Cit Jerk City Manager
APPROVED AS TO FORM:
JANICE D. MAGDICH, City Attorney
8
STANTEC CONSULTING SERVICES INC.
f J
By:
Name: RUSTY BENK08K
Title: Managing Principal
Attachments:
Exhibit A — Scope of Services
Exhibit B — Fee Proposal
Exhiblt C — Insurance Requirements
Exhibit D — Stantec's Form Reliance Letter
Funding Source: TBID
(Business Unit & Account No.)
Doc ID:2016-2
CA:Rev.03.09.2016
Lodi, California - FY2015 EPA Brownfields Community -Wide Assessment Grant - CA Work Plan
U.S. ENVIRONMENTAL PROTECTION AGENCY
BROWNFIELDS ASSESSMENT PROGRAM
WORK PLAN
Cooperative Agreement #: BF 99T30201-0
FOR
Lodi, California - Fiscal Year 2015 U.S. EPA Brownfields Community -Wide
Assessment Grant for Hazardous Substances and Petroleum
July 15, 2015, 2015
Submitted by
Joseph Wood
Manager, Neighborhood Services Division
City of Lodi
221 W. Pine Street
Lodi, California 95240
(209) 333=6800 x2467
jwood@lodi.gov
Page 1 df 16
Lodi, California - FY2015 EPA Brownfields Community -Wide Assessment Grant - CA Work Plan
Task 1 - Brownfield Inventory and Prioritization
• Comprehensive City-wide inventory of potential brownfield sites; and,
• Prioritized list of sites for assessment.
Task 2 - Phase I Environnnental Site &5 ssmenls (ESAs]
• Site eligibility determinations for each site selected for Phase I ESAs;
• Site access agreements for sites prioritized for Phase I ESAs;
• Health and Safety Plans (HASPs) prior to conducting each Phase I ESA; and,
• ASTM E1527-13 Phase I ESAs at up to 12 high priority hazardous substance brownfield
sites (6 hazardous substance sites and 6 petroleum sites).
Tcis k 3 - Phase II ESAs, RemeaJial AcI1on Plans 2 APs ), and Area -W Id e_Planning_fAWPI
• Comprehensive Quality Assurance Project Plan (QAPP);
• Site access agreements for sites prioritized for Phase II ESAs;
• Site -Specific Sampling and Analysis Plans (SSSAPs) and updated HASPs for sites
prioritized for Phase II ESAs;
• Sites -specific Endangered Species Act and National Historic Preservation Act
consultations before conducting Phase II ESAs;
• Phase II ESAs on select parcels for which Phase I ESAs are completed and for which
the need for further assessment is Identified. The City plans to conduct Phase II ESAs
on up to 6 high-priority brownflelds sites (3 hazardous substances sites and 3
petroleum sites);
• Supplemental Phase II ESA work at up to 2 sites, as needed (1 hazardous substance
site and 1 petroleum site);
• Remedial Action Plans (RAPS) and/or Site -Specific Reuse Plans at up to 2 petroleum
and 2 hazardous substance sites; and,
• AWP documents for up to two focus areas.
Task 4 - Conit1 unity Quireach and Public Involvement
• Establish the Brownfield Advisory Committee (BAC), meet with developers, property
owners, other stakeholders, and the general public;
• Solicit, discuss, and implement meaningful public input into the grant processes;
• Public notices;
Meeting materials and presentations;
• Brochures and other public information materials; and,
• Project webpage for the City's website.
Page 3 of 16
Lodi, California - FY2015 EPA Brownfields Community -Wide Assessment Grant - CA Work Plan
Grant funds will be used to support the Project goals by. 1) Establishing and
maintaining a comprehensive brownfield inventory; 2) Conducting Phase I and II
ESAs to facilitate the cleanup, transfer, and redevelopment of brownfields; 3)
Engaging the community and stakeholders in identifying and prioritizing sites and
redevelopment planning; and, 4) Conducting AWP within up to two focus areas
including market analysis, existing conditions/infrastructure evaluation studies, site-
specific reuse planning for catalyst brownfield sites, and community visioning
exercises to inform a common redevelopment strategy and Implementation plan.
c. Pre -Award Costs
The Clty of Lodi requests the approval of pre -award costs for this CA. It is estimated
that up to $20,000 will be utilized for the following activities:
• Public Project kickoff meeting including the public and key Project stakeholders.
• Project kickoff meeting(s) with the Consultant and EPA to review Project scope,
goals, and strategies for community, property owner, and stakeholder
engagement.
• Preliminary brownfield inventory work.
• Preparation of the comprehensive QAPP.
D. Tasks
Task 1 - Brownfield inventory and Prioritization
a, Task Description
Build a geographic information system (GIS) -based comprehensive City-wide
inventory of brownfield sites as a foundation for identifying priority assessment,
cleanup and redevelopment opportunity sites, reaching out to owners, and selecting
sites for assessment. The data may be integrated with other databases to better
relate the presence of brownfields to various economic impacts and/or health data,
The Consultant will lead the inventory and prioritization activities with support from
the City and the BAC.
Conduct tours/inspections throughout the City to identify blighted or vacant
potential brownfield sites that are not recorded in existing databases or
identified by recent plans/studies;
• Review select City, County and State records that are potentially relevant to
identifying brownfields (including occupancy and other permits, tax delinquency
status, building code violations, assessors data, City spill data, and sites identified
in recent plans and studies;
Page 5 of 16
Lodi, California - FY2015 EPA Brownfields Community -Wide Assessment Grant - CA Work Plan
Task 2 - Phase I ESAs
a. Task Description
The City will conduct Phase I ESAs on up to 12 sites (6 hazardous substance sites and 6
petroleum sites).
The City and its Consultant will complete Phase I ESAs in accordance with All
Appropriate Inquiry and ASTM Practice E 1527-13 "Standard Practice for ESAs; Phase I
ESA Process." The City and/or its Consultant will contact site owners, negotiate
access agreements, and complete site eligibility determinations before beginning
Phase I ESAs.
Site eligibility determination requests will be submitted to the EPA Project Officer using
the supplied request form. Site eligibility will be reviewed by the EPA Project Officer
and/or DEQ (for petroleum sites) for concurrence with state and City determinations
prior to any site-specific work.
The ACRES database will be updated at the conclusion of each site eligibility
determination and each Phase I ESA.
The City and its Consultant will lead the Phase I ESA task with assistance from the BAC
on site selection, access issues, data acquisition, and report review and distribution.
b. Task Budget
Cost: $62,000 (50% hazardous substances grant funds/50% petroleum grant funds).
• City personnel labor/fringe: $2,000 (25 hours at $80/hr)
Contractual: $60,000 - Average Phase I ESA cost: $5,000 (12 x $5,000 =
$60,000)
Phase I ESA costs include eligibility determination, HASP, and other pre -
Phase I ESA activities.
c. Schedule
Task Start Date: April 2016
Task Completion Dqte: Ongoing throughout grant period
d. Deliverables
Deliverables may include:
• Completed eligibility determinations;
Page 7 of 16
Lodi, California — FY2015 EPA Brownfields Community -Wide Assessment Grant - CA Work Plan
Supplemental Phase II ESA
2
$9,500
$19,000
Remedial Action Plans
4
$8,500
$34,000
Area -Wide Planning
2
$20,000
$40,000
City Personnel Labor/Fringe
50
$80
$4,000
Total Task 3 Cost
$222,000
c. Schedule
QAPP completed by October 2015: First Phase II ESA underway by May 2016.
Task Completion Date: Ongoing throughout Project.
d. Deliverables
Deliverables may include:
• Comprehensive QAPP;
Completed/updated eligibility forms;
■ HASPs;
• Endangered Species, NHPA, and cultural resources documentation;
■ Signed access agreements;
• SSAPs;
• Phase II ESA Reports;
• RAPs/Site-Specific Reuse Plans; and,
• AWP reports).
Task 4 - Community Outreach and Public Involvement
a. Task Description
The objective of this task is to ensure that community concerns are considered in
assessment planning and execution. The objective of this task is to ensure that the
community is kept informed of Project goals, methods, and progress and ensure the
public is provided opportunity for meaningful participation.
• Convene the BAC;
• Coordinate and conduct at least 6 meetings with BAC, stakeholders, and the
public to publicize the program and promote community and property -owner
participation;
Page 9 of 16
Lodi, California - FY2015 EPA Brownfields Community -Wide Assessment Grant - CA Work Plan
The City will provide regular reports to EPA including Quarterly Progress Reports, DBE
Reports, and annual Federal Financial Reports,
The City and its Consultant will lead Task 5.
Up to 2 City staff will attend 1 national and 1 regional Brownfield conference.
b. Task Budget:
Cost: $30,000 (507. hazardous substances grant funds/50(fo petroleum grant funds)
• City personnel labor/fringe: $4,000 (50 hours at $80/hr)
• Contractual: $22,000 (220 hours at $100/hr)
• Travel: 2 City staff attend one state/regional brownfields conference and
one national brownfields conference. See budget table below.
Travel Budaet Detail
c. Schedule:
• Progress reports will be prepared and submitted to EPA on a quarterly basis [due
within 30 days of the end of each federal fiscal quarter ending December,
March, June, and September.
• DBE Reports will be submitted within 30 days of the end of the annual reporting
period ending September (due by October 30th),
• Property profiles will be completed and updated quarterly in ACRES for each
property where CA funds are expended.
Interim Federal Financial Reports (FFR, SF -425), due December 31 st annually.
• A final performance report will be completed and submitted to the EPA Project
officer (electronically) within 90 calendar days following the expiration or
Page 11 of 16
Airfare
Hotel
Per Diem
Airport
Parking
Totals
State/ Regional
Conference
$0
$360
$240
$0
$600
(3 days/
2 nights)
National Conference
(4 days/
$1,600
$1,360
$400
$40
$3,400
3 nights)
Total Cost
$4,000
c. Schedule:
• Progress reports will be prepared and submitted to EPA on a quarterly basis [due
within 30 days of the end of each federal fiscal quarter ending December,
March, June, and September.
• DBE Reports will be submitted within 30 days of the end of the annual reporting
period ending September (due by October 30th),
• Property profiles will be completed and updated quarterly in ACRES for each
property where CA funds are expended.
Interim Federal Financial Reports (FFR, SF -425), due December 31 st annually.
• A final performance report will be completed and submitted to the EPA Project
officer (electronically) within 90 calendar days following the expiration or
Page 11 of 16
Lodi. California - PY2015 EPA Brownflelds Communily-Wide Assessment Crani - L,A work rlan
DUE DATE
ITEM
Send to:
(for grant
TEPA PO STATE EPA EPA.
awarded
GRANTS FINANCE
i OJO 1 / 15)
Month 2
Comprehensive QAPP
X
Finalized
Month 7
QPR 2 for Period 1/ 1 -3/31 /16
X
- continue quarterly
Month 8
Inventory developed & Site
X
Selection Criteria set
Month 8
Top sites selected
X X
Ongoing -
Site eligibility requested &
X X
At least 30
confirmed
days before
assessment is
scheduled to
begin
Before
HASP
X
conducting
Site Access Agreements in
assessments
Place
Endangered Species Act,
National Historic Preservation
Act Letters (not required for
Phase I ESA)
Ongoing
Site Assessments
Ongoing
Area -Wide Planning
Annually by
DBE Report _
x X
10/30
(DBE = Disadvantaged Business
Enterprises)
(copy)
Reports must be submitted annually by
Oclober 30th of each year.
For forms & more information, visit:
1i11j3:Ilwww.c 11Ci�JQOMCOU iL[ iiQ lactr�.l?
fm
As Needed
Requests for Reimbursement —
X
see Administrative Terms &
Conditions
Month 36
Fact Sheet - Assessment
X
results
Page 13 of 16
Lodi, California - FY2015 EPA Brownfields Community -Wide Assessment Grant - CA Work Plan
F. Budget Summary
Hazardous Substances Grant Budget
Petroleum Grant Budget
Task 1
Inventory
and
Prioritization
Task 2
Phase I
ESAs
Task 3
Phase II
ESAs/ RAPs/
AWP
Task 4
Public
Outreac
h
Task 5
Other
Eligible
Tasks
Total
Personnel
$1,250
$625
$1,250
$1,875
$1,250
$6,250
Fringe
$750
$375
$750
$1,125
$750
$3,750
Travel
$0
$0
$0
$0
$2,000
$2,000
Contractual
$27,000
$30,000
$109,000
$11,000
$11,000
$188,000
Grant Total
$29,000
$31,000
$111,000
$14,000
$15,000
$200,000
Petroleum Grant Budget
G. Greening Grants
The City will incorporate the EPA Greening Grants Policy during Project implementation.
The City will continue to implement environmentally preferable purchasing
(e.g. office supplies).
2. The City will continue our In -office recycling program.
Page 15 of 16
Task 1
Inventory
and
Prioritization
Task 2
Phase I
ESAs
Task 3
Phase II
ESAs/ RAPs/
AWP
Task 4
Public
Outreach
Task 5
Other
Eligible
Tasks
Total
Personnel
$1,250
$625
$1,250
$1,875
$1,250
$6,250
Fringe
$750
$375
$750
$1,125
$750
$3,750
Travel
$0
$0
$0
$0
$2,000
$2,000
Contractual
$27,000
$30,000
$109,000
$11,000
$11,000
$188,000
Grant Total
$29,000
$31,000
$111,000
$14,000
$15,000
$200,000
G. Greening Grants
The City will incorporate the EPA Greening Grants Policy during Project implementation.
The City will continue to implement environmentally preferable purchasing
(e.g. office supplies).
2. The City will continue our In -office recycling program.
Page 15 of 16
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requirements as described in 40 CFR Part 33, Subpart D. Recipients should work with their DBE
coordinator if they think their organization may qualify for an exemption,
The dollar amount of this assistance agreement, or the total dollar amount of all of the recipient's financial
assistance agreements in the current federal fiscal year from EPA is $250,000 or more. The recipient
accepts the applicable MBE/W BE fair share objectives/goals negotiated with EPA by the California State
Water Resources Control Board (CSWRCB), as follows;
The recipient accepts the fair share objectives/goals stated above and attests to the fact that it is
purchasing the same or similar construction, supplies, services and equipment, in the same or similar
relevant geographic buying market as CSWRCB.
Negotiating Fair Share Objectives/Goals, Section 33.404
The recipient has the option to negotiate its own MBE/WBE fair share objectives/goals. If the recipient
wishes to negotiate its own MBE/WBE fair share objectives/goals, the recipient agrees to submit proposed
MBEANBE objectives/goals based on an availability analysis, or disparity study, of qualified MBEs and
WBEs in their relevant geographic buying market for construction, services, supplies and equipment,
The submission of proposed fair share goals with the supporting analysis or disparity study means that the
recipient is not accepting the fair share objectives/goals of another recipient. The recipient agrees to
submit proposed fair share objectives/goals, together with the supporting availability analysis or disparity
study, to the Reglonal MBEIWBE Coordinator, Joe Ochab at 0chab.J❑a use a.c av, within 120 days of its
acceptance of the financial assistance award. EPA will respond to the proposed fair share objective/goals
within 30 days of receiving the submission. If proposed fair share objectivelgoals are not received within
the 120 day time frame, the recipient may not expend its EPA funds for procurements until the proposed
fair share objective/goals are submitted.
Contract Administration Provisions, 40 CFR Section 33.302
The recipient agrees to comply with the contract administration provisions of 40 CFR Section 33.302,
Bidders List, 40 CFR Section 33.501(b) and (c)
Recipients of a Continuing Environmental Program Grant or other annual reporting grant, agree to create
and maintain a bidders list. Recipients of an EPA financial assistance agreement to capitalize a revolving
loan fund also agree to require entities recelving identified loans to create and maintain a bidders list if the
recipient of the loan is subject to, or chooses to follow, competitive bidding requirements, Please see 40
CFR Section 33.501 (b) and (c) for specific requirements and exemptions.
E. MBEIWBE Reporting
General Compliance, 40 CFR Part 33, Subpart E — Reporting Condition
MBE/WBE reporting is required annually. Reporting is required for assistance agreements where there
are funds budgeted for procuring construction, equipment, services and supplies, including funds
budgeted for direct procurement by the recipient or procurement under subawards or loans in the "Other"
category, that exceed the threshold amount of $150,000, including amendments and/or modifications.
Based on EPA's review of the planned budget, this award meets the conditions above and is subject to
Disadvantaged Business Enterprise (DBE) Program reporting requirements. Conversely, the recipient
must submit to the Gre m1sRogiatl0Anpa.ctav a justification and budget detail within 21 days of the award
date demonstrating that this award is not subject to the DBE reporting requirements.
The recipient agrees to complete and submit a "MBEAMBE Utilization under Federal Grants, Cooperative
agreements" report (EPA Form 5700-52A) on an annual basis. All procurement actions that are
reportable, not just that portion which exceeds $150,000.
When completing the annual report, recipients are instructed to check the box titled "annual;" in section 16
of the form. For the final report, recipients must check the box indicated for the "last report" of the project
in section 1 B of the form, Annual reports are due by October 30" of each year. Final reports are due by
MBE
WBE
Construction
2%
1%
Equipment
1 %
1%
Services
1%
1%
Supplies
1 %
1%
The recipient accepts the fair share objectives/goals stated above and attests to the fact that it is
purchasing the same or similar construction, supplies, services and equipment, in the same or similar
relevant geographic buying market as CSWRCB.
Negotiating Fair Share Objectives/Goals, Section 33.404
The recipient has the option to negotiate its own MBE/WBE fair share objectives/goals. If the recipient
wishes to negotiate its own MBE/WBE fair share objectives/goals, the recipient agrees to submit proposed
MBEANBE objectives/goals based on an availability analysis, or disparity study, of qualified MBEs and
WBEs in their relevant geographic buying market for construction, services, supplies and equipment,
The submission of proposed fair share goals with the supporting analysis or disparity study means that the
recipient is not accepting the fair share objectives/goals of another recipient. The recipient agrees to
submit proposed fair share objectives/goals, together with the supporting availability analysis or disparity
study, to the Reglonal MBEIWBE Coordinator, Joe Ochab at 0chab.J❑a use a.c av, within 120 days of its
acceptance of the financial assistance award. EPA will respond to the proposed fair share objective/goals
within 30 days of receiving the submission. If proposed fair share objectivelgoals are not received within
the 120 day time frame, the recipient may not expend its EPA funds for procurements until the proposed
fair share objective/goals are submitted.
Contract Administration Provisions, 40 CFR Section 33.302
The recipient agrees to comply with the contract administration provisions of 40 CFR Section 33.302,
Bidders List, 40 CFR Section 33.501(b) and (c)
Recipients of a Continuing Environmental Program Grant or other annual reporting grant, agree to create
and maintain a bidders list. Recipients of an EPA financial assistance agreement to capitalize a revolving
loan fund also agree to require entities recelving identified loans to create and maintain a bidders list if the
recipient of the loan is subject to, or chooses to follow, competitive bidding requirements, Please see 40
CFR Section 33.501 (b) and (c) for specific requirements and exemptions.
E. MBEIWBE Reporting
General Compliance, 40 CFR Part 33, Subpart E — Reporting Condition
MBE/WBE reporting is required annually. Reporting is required for assistance agreements where there
are funds budgeted for procuring construction, equipment, services and supplies, including funds
budgeted for direct procurement by the recipient or procurement under subawards or loans in the "Other"
category, that exceed the threshold amount of $150,000, including amendments and/or modifications.
Based on EPA's review of the planned budget, this award meets the conditions above and is subject to
Disadvantaged Business Enterprise (DBE) Program reporting requirements. Conversely, the recipient
must submit to the Gre m1sRogiatl0Anpa.ctav a justification and budget detail within 21 days of the award
date demonstrating that this award is not subject to the DBE reporting requirements.
The recipient agrees to complete and submit a "MBEAMBE Utilization under Federal Grants, Cooperative
agreements" report (EPA Form 5700-52A) on an annual basis. All procurement actions that are
reportable, not just that portion which exceeds $150,000.
When completing the annual report, recipients are instructed to check the box titled "annual;" in section 16
of the form. For the final report, recipients must check the box indicated for the "last report" of the project
in section 1 B of the form, Annual reports are due by October 30" of each year. Final reports are due by
ATTACH M ENT A
Assessment Terms and Conditions
These Terms and Conditions apply to U.S. Environmental Protection Agency Brownfields
Assessment Grants awarded under CERCLA § 104(k)
City of'Lodi, CA
BF -99T30201-0
1.. GENERAL FEDERAL REQUIREMENTS
NOTE: For the purposes of these Terms and Conditions the term "assessment" includes,
eligible activities under the Comprehensive Environmental Response, Compensation, and
Liability Act (CERCLA) § 104(k)(2)(A)(i) such as activities involving the inventory,
characterization, assessment, and planning relating to brownlield sites as described in the
EPA approved work plan.
A. Federal Policy and Guidance
a. Cooperative Agyro ii nt Recipients; By awarding this cooperative agreement, EPA has
approved the proposal for the Cooperative Agreement Recipient (CAR) submitted in
the Fiscal Year 2015 competition for Brownfields assessment cooperative agreements.
b. In implementing this agreement, the CAR shall ensure that work done with cooperative
agreement funds complies with the requirements of the Comprehensive Environmental
Response, Compensation, and Liability Act (CERCLA) § 104(k). The CAR shall also
ensure that assessment activities supported with cooperative agreement funding comply
with all applicable Federal and State laws and regulations.
c. The recipient must comply with Federal cross -cutting requirements. These
requirements include but are not limited to, DBE requirements found at 40 CFR Part
33; OSHA Worker Health & Safety Standard 29 CFR 1910.120; the Uniform
Relocation Act; National Historic Preservation Act; Endangered Species Act; and
Permits required by Section 404 of the Clean Water Act; Executive Order 11246, Equal
Employment Opportunity, and implementing regulations at 41 CFR 60-4; Contract
Work Hours and Safety Standards Act, as amended (40 USC § 327-333) the Anti
Kickback Act (40 USC § 276c) and Section 504 of the Rehabilitation Act of 1973 as
implemented by Executive Orders 11914 and 11250.
d. The CAR must comply with Davis -Bacon Act prevailing wage requirements and
associated U.S. Department of Labor (DOL) regulations for all construction, alteration
and repair contracts and subcontracts awarded with funds provided under this
agreement. Activities conducted under assessment grants generally do not involve
construction, alteration and repair within the meaning of the Davis -Bacon Act. The
recipient must contact EPA's Project Officer if there are unique circumstances (e.g.
removal of an underground storage tank or another structure and restoration of the site)
which indicate that the Davis -Bacon Act applies to an activity the CAR intends to carry
Assessment T&C 5/20/05
necessary for EPA to make the requisite determinations.
d. EPA will make all determinations on the eligibility of petroleum -contaminated
brownfields sites located on tribal lands (i.e., reservation lands or lands otherwise in
Indian country, as defined at t8 U.S.C. 1151). Before incurring costs for these sites, the
CAR must contact the EPA Project Officer and provide the information necessary for
EPA to make the determinations described in 2.a. above.
II. GENERAL COOPERATIVE AGREEMENT
ADMINISTRATIVE REQUIREMENTS
A. Term of the Agreement
The term of this agreement is three years from the date of award, unless otherwise extended
by EPA at the CAR's request.
2. If after 18 months from the date of award, EPA determines that the CAR has not made
sufficient progress in implementing its cooperative agreement, the recipient must
implement a corrective action plan approved by the EPA Project Officer, or EPA may
terminate this agreement for material non-compliance with its terms. For purposes of
assessment grants, the recipient demonstrates "sufficient progress" when 35% of funds
have been drawn down and obligated to eligible activities; for assessment coalition grants
"sufficient progress" is demonstrated when a solicitation for services has been released,
sites are prioritized or an inventory has been initiated if necessary, community involvement
activities have been initiated and a Memorandum of Agreement (for Assessment
Coalitions) is in place.
Assessment funding for an eligible brownfield site may not exceed $200,000 unless a
waiver has been granted by EPA. Following the granting of a waiver, funding is not to
exceed $350,000 at the site.
B. Substantial Involvement
The EPA may be substantially involved in overseeing and monitoring this cooperative
agreement.
a. Substantial involvement by EPA generally includes administrative activities
such as monitoring, reviewing project phases, and approving substantive terms
included in professional services contracts.
b. Substantial EPA involvement also includes brownfields property -specific
funding determinations described in I.B. under Eligible Brownfields Site
Determinations above. if the CAR awards a subaward for site assessment, the
CAR must obtain technical assistance from EPA on which sites qualify as a
brownfield site and determine whether the statutory prohibition found in section
104(k)(4)(B)(i)(IV) of CERCLA applies. This prohibition precludes the
subrecipient from using EPA funds to assess a site for which the subrecipient is
potentially liable under § 107 of CERCLA. (See Section II.C.3 for more
Assessment T&C 5/2.0/05
6. Competency of Organizations Generating Environmental Measurement Data: In
accordance with Agency Policy Directive Number FEM-2012-02, llolic + to Assure 1110
O1npet oil py 01'Origin 1"I..i1tigis G Gnenitiii ,, Es ivironniental Measfire lent Data under
Agency -Funded Assistance Agreenicats,-the CAR agrees, by entering into this agreement,
that it has demonstrated competency prior to award, or alternatively, where a pre -award
demonstration of competency is not practicable, the CAR agrees to demonstrate
competency prior to carrying out any activities under the award involving the generation or
use of environmental data. The CAR shall maintain competency for the duration of the
project period of this agreement and this will be documented during the annual reporting
process. A copy of the Policy is available online at f1[1 �:Ilwww.e �a. roullcli Ilul� cnln 1 m
or a copy may also be requested by contacting the EPA project officer for this award.
D. Quarterly Progress Reports
1. In accordance with EPA regulations 2 CFR Parts 200 and 1500 (specifically, 200.328
monitoring and reporting program performance), the CAR agrees to submit quarterly
progress reports to the EPA Project Officer within thirty days after each reporting period.
These reports shall cover work status, work progress, difficulties encountered, preliminary
data results and a statement of activity anticipated during the subsequent reporting period,
including a description of equipment, techniques, and materials to be used or evaluated. A
discussion of expenditures and financial status for each workplan task, along with a
comparison of the percentage of the project completed to the project schedule and an
explanation of significant discrepancies shall be included in the report. The report shall also
include any changes of key personnel concerned with the project.
Quarterly progress reports must clearly differentiate which activities were completed with
EPA funds provided under the BF Assessment grant, versus any other funding source used
to help accomplish grant activities.
In addition, the report shall include brief information on each of the following areas: 1) a
comparison of actual accomplishments to the anticipated outputs/outcomes specified in the
cooperative agreement work plan; 2) reasons why anticipated outputs/outcomes were not
met; and 3) other pertinent information, including, when appropriate, analysis and
explanation of cost overruns or high unit costs. The CAR agrees that it will notify EPA of
problems, delays, or adverse conditions which materially impair the ability to meet the
outputs/outcomes specified in the cooperative agreement work plan. See the quarterly
report outline included in the Work Plan.
2. The CAR must submit progress reports on a quarterly basis to the EPA Project Officer.
Quarterly progress reports must include:
a. Summary and status of approved activities performed during the reporting quarter,
summary of the performance outputs/outcomes achieved during the reporting quarter, a
description of problems encountered or difficulties during the reporting quarter that
may affect the project schedule and a discussion of meeting the performance
outputs/outcomes.
b. An update on project schedules and milestones; including an explanation of any
discrepancies from the approved workplan.
c. A list of the properties where assessment activities were performed and/or completed
during the reporting quarter.
Assessment T&C 5/20/05
period a final technical report on the cooperative agreement and at least one reproducible
copy suitable for printing, The final technical report shall document project activities over
the entire project period and shall include brief information on each of the following areas:
1) a comparison of actual accomplishments with the anticipated outputs/outcomes specified
in the assistance agreement work plan; 2) reasons why anticipated outputs/outcomes were
not met; and 3) other pertinent information, including, when appropriate, analysis and
explanation of cost overruns or high unit costs, The CAR agrees that it will notify EPA of
problems, delays, or adverse conditions which materially impair the ability to meet the
outputs/outcomes specified in the cooperative agreement workplan.
III. FINANCIAL ADMINISTRATION REQUIREMENTS
A. Eligible Uses of the Funds for the Cooperative Agreement Recipient
To the extent allowable under the work plan, cooperative agreement funds may be used for
eligible programmatic expenses to inventory, characterize, assess, and conduct planning
and outreach. Eligible programmatic expenses include activities described in Section IV of
these Terms and Conditions. In addition, such eligible programmatic expenses may
include:
a, Determining whether assessment activities at a particular site are authorized by
CERCLA § 104(k);
b. Ensuring that an assessment complies with applicable requirements under Federal and
State laws, as required by CERCLA § 104(k);
c. Using a portion of the grant to purchase environmental insurance for the
characterization or assessment of the site. Funds may not be used to purchase
insurance intended to provide coverage for any of the Ineligible Uses under
Section III.B.
Any other eligible programmatic costs including direct costs incurred by the recipient
in reporting to EPA; procuring and managing contracts; awarding and managing
subawards to the extent allowable under III. B. 2; and carrying out community
involvement pertaining to the assessment activities.
B. Ineligible Uses of the Funds for the Cooperative Agreement Recipient
Cooperative agreement funds shall not be used by the CAR for any of the following
activities:
a. Cleanup activities;
b. Development activities that are not brownfields assessment activities (e.g,, construction
of a new facility);
c. Job training unrelated to performing a specific assessment at a site covered by the
grant;
Assessmeut T&C 5/20/05
a. Facilities listed, or proposed for listing, on the National Priorities List (NPL);
b. Facilities subject to unilateral administrative orders, court orders, and administrative
orders on consent or judicial consent decree issued to or entered by parties under
CERCLA;
c. Facilities that are subject to the jurisdiction, custody or control of the United States
government except for land held in trust by the United States government for an Indian
tribe; or
d. A site excluded from the definition of a brownfields site for which EPA has not made a
property -specific funding determination.
C. Interest -Bearing Accounts and Program Income
In accordance with 2 CFR 1500.7, the CAR is authorized to add program income to the
funds awarded by the EPA and use the program income under the same terms and
conditions of this agreement. Program income for the assessment CAR shall be defined as
the gross income received by the recipient, directly generated by the cooperative agreement
award or earned during the period of the award. Program income includes, but is not
limited to, fees charged for conducting assessment, site characterizations, clean up planning
or other activities when the costs for the activity is charged to this agreement.
2. The CAR must deposit advances of grant funds and program income (i.e. fees) in an
interest bearing account.
a. For interest earned on advances, CARS are subject to the provisions of 2 CFR
200.305(b)(7)(ii) relating to remitting interest on advances to EPA on a
quarterly basis.
b. Interest earned on program income is considered additional program income.
c. The CAR must disburse program income (including interest earned on program
income) before requesting additional payments from EPA as required by 2 CFR
1500.8.
IV. ASSESSMENT ENVIRONMENTAL REQUIREMENTS
A. Authorized Assessment Activities
Prior to conducting or engaging in any on-site activity with the potential to impact
historic properties (such as invasive sampling), the CAR shall consult with EPA regarding
potential applicability of the National Historic Preservation Act and, if applicable, shall
assist EPA in complying with any requirements of the Act and implementing regulations.
B. Quality Assurance (QA) Requirements
When environmental samples are collected as part of the brownfields assessment, the
CAR shall comply with 40 CFR Part 31.45 requirements to develop and implement
Assessment T&C 5/20/05
D. All Appropriate Inquiry
1. As required by CERCLA § 104(k)(2)(B)(ii) and CERCLA § 101(35)(B), the CAR shall
ensure that a Phase I site characterization and assessment carried out under this agreement
will be performed in accordance with EPA's standard for all appropriate inquiries. The
CAR shall utilize the practices in ASTM standard E1527-13 "Standard Practices for
Environmental Site Assessment: Phase 1 Environmental Site Assessment Process," or
EPA's All Appropriate Inquiries Final Rule "All Appropriate Inquiries Rule: Reporting
Requirements and Suggestions on Report Content", (Publication Number: EPA 560-F-14-
003). This does not preclude the use of grant funds for additional site characterization and
assessment activities that may be necessary to characterize the environmental impacts at
the site or to comply with applicable State standards.
All Appropriate Inquiries (AAI) final reports produced with funding from this agreement
must comply with 40 C.F.R. Part 312 and must, at a minimum, include the information
below. All AAI reports submitted to EPA Project Officers as deliverables under this
agreement must be accompanied by a completed "All Appropriate Inquiries Final Rule:
Reporting Requirements Checklist for Assessment Grant Recipients" (Publication Number:
EPA 560-R-10-030) that EPA's Project Officer will provide to the recipient. The checklist
also is available to grantees on the EPA website at ww�y.ei),i.UovYI)rownfielcls.
a. An opinion as to whether the inquiry has identified conditions indicative of releases or
threatened releases of hazardous substances, and as applicable, pollutants and
contaminants, petroleum or petroleum products, or controlled substances, on, at, in, or
to the subject property.
b. An identification of "significant" data gaps (as defined in 40 C.F.R. 312.10), if any, in
the information collected for the inquiry. Significant data gaps include missing or
unattainable information that affects the ability of the environmental professional to
identify conditions indicative of releases or threatened releases of hazardous
substances, and as applicable, pollutants and contaminants, petroleum or petroleum
products, or controlled substances, on, at, in, or to the subject property. The
documentation of significant data gaps must include information regarding the
significance of these data gaps.
c. Qualifications and signature of the environmental professional(s). The environmental
professional must place the following statements in the document and sign the
document:
"[1, We] declare that, to the best of [my, our] professional knowledge and belief, [I; we]
meet the definition of Environmental Professional as defined in §312.10 of this part. "
"[1, We] have the specific qualifications based on education, training, and experience to
assess a property of the nature, history, and setting of the subject property. [I, We] have
developed and performed the all appropriate inquiries in conformance with the standards
and practices 'set forth in 40 CFR Part 311. "
Note: Please use either "I" or "We."
d. In compliance with §312.31(b), the environmental professional must include in the final
report an opinion regarding additional appropriate investigation, if the environmental
Assessment T&C 5/20/05 11
B. Schedule for Closeout
Closeout will be conducted in accordance with 2 CFR 200.343. EPA will close out the
award when it determines that all applicable administrative actions and all required work of
the grant have been completed.
The CAR, within 90 days after the expiration or termination of the grant, must submit all
financial, performance, and other reports required as a condition of the grant.
a. The CAR must submit the following documentation:
(1) The Final Report as described in II.G. of the Assessment Terms and
Conditions.
(2) A Final Federal Financial Report (FFR - SF425). Submitted to:
US EPA, Las Vegas Finance Center
4220 S. Maryland Pkwy, Bldg C, Rm 503
Las Vegas, NV 89119
Fax: (702) 798-2423
1,VFC- uI'll II(S('? cini.'1Lov
(3) A Final MBE/WBE Report (EPA Form 5700-52A). Submitted to the regional
Grants Management Office.
b. The CAR must ensure that all appropriate data has been entered into ACRES or all
Property Profile Forms are submitted to the Region.
c. The grantee must immediately refund to the Federal agency any balance of unobligated
(unencumbered) cash advanced that is not authorized to be retained for use on other
grants.
EXHIBIT B ... I . II .,,,:W,:I.. .I,'
Schedule of Rates
Implementation charges for professional, technical, and administrative staff will be calculated and billed per the following
schedule. To the extent possible, work will be performed by local staff and/or staff with lower billing levels and overseen by
senior staff.
Gose Category Dotailed Description
Adinin/Field Tech 6
Project Support, CAD Tech 7
Jr. Geologist, GIS Technlclan 8 _
Jr. Englneer/Geologist 9
Stantec Labor I
Mid Eng/Geo 10
Intermediate Eng/Geo 11
Engineer 12
Sr, Engineer/ 13 _
Associate/Sr, PM 14
Sr. PM 15
Unit Cost I Unit fi-sis T Anticipated Project lasks
$101.00
per hour
GIS, Brownfield Inventories, Phase
_
I &II ESAs, Report Edltinp.
$109.00
per hour
Figures for Reports, Report
$175,00
Editing, Fieldwork _
$118,00
per hour
Phase I&II ESAs; Clean -Up
_._$100.0.0_ _
Planning
$127.00
per hour
Project Administration, EPA
_$850,0
Reporting, Phase I&II ESAs; Clean -
5210000
Up Planning
$137.00~
per hour
Phase I&II ESAs; Clean -Up
_-.--
.......$f5HO
Planning
$148.00
per hour
_ Phase II ESA/PM Support
$161.00
per hour
Inventory, ESAs, etc.
$173.00
per hour
Inventory, ESAs, etc,
$186.00
per hour
Project Management, Site
Eligibility, QA/QC, Cleanup
Planning
$196.00
Per hour
Project Management, Site
Eligibility, QA/QC, Cleanup
Planning
.._.�_.�_........- Admin - - ---- -- ••- - - _._$80.00 per hour - - - —
Leland Analyst . _- _
Consulting Associate
Gioup Labor Principal
Managing Principal
etministrative
GranhIcz
Michael Baker '!eh_a$v-eloriment_. _
International ssistant_P.lann.er__ _
Laboi ssaciate_.Piann.er _.
Sen'ser.Facilitaxor_--__ -
Manaalrna.Dire.ctor -
rincioal ----.
Real Estate Strategy/
Redevelopment Planning
)development Planning/
ommunity Outreach
$90.00
per hour
$140,00
per hour
$150,00
per hour
$175,00
per hour
per hour
_._$100.0.0_ _
per hour
per hour
_$850,0
per hour
5210000
per hour
_
—9i120.I7t1._ -
. per hour
_-.--
.......$f5HO
per hour
per hour
Real Estate Strategy/
Redevelopment Planning
)development Planning/
ommunity Outreach
EXHIBIT C
NOTE: The City of Lodi is now using the online insurance program PINS Advantage. Once you have been awarded a
contract you will receive an email from the City's online Insurance program requesting you to forward the email to your
Insurance provider(s) to submit the required Insurance documentation electronically
Insurance Re uire{pgnts for Environmental Contracts
Contractor shall procure and maintain for the duration of the contract Insurance against claims for Injuries to persons or damages
to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the
Contractor, his agents, representatives, employees or subcontractors.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" (oasis, including
Products and completed operations, property damage, bodily injury and personal & advertising Injury with limits no less than
$3,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this
projectllocation (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit,
2. Automobile Liability: ISO Form Number CA 00 01 covering any auto or if Contractor has no owned autos, then hired, and non -
owned autos with limit no less than $2,000,000 per accident for bodily injury and property damage.
3, Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit
of no less than $1,000,000 per accident for bodily injury or disease.
4, Pollution Liability; $2,000,000 each occurrence,
Other Ins a nce Pro s -
(a) Additional Named InsoredSt tus
The City of Lodi, its elected and appointed boards, commissions, officers, agents, employees, and volunteers are to be covered
as additional Insureds on the CGL and auto policy with respect to liability arising out of work or operations performed by or on
behalf of the Contractor including materials, parts, or equipment furnished In connection with such work or operatlons. General
liability coverage can be provided In the form of an endorsement to the Contractor's Insurance (at [east as broad as ISO Form
CG 20 10 1185 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 If a
later edition Is used
(b) Primary and Non& ntrIbutory Insurgnce Endorsement
The limits of Insurance coverage required may be satisfied by a combination of primary and umbrella or excess insurance. For
any claims related to this contract, the Contractor's Insurance coverage shall be primary coverage at least as broad as ISO CG
20 01 04 13 as respects the Entity, its officers, officials, employees, and volunteers, Any insurance or self-insurance maintained
by the Entity, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute
with it.
(C) Waiver of ,S,uhrocation Contractor hereby grants to City of Lodi a waiver of any right to subrogation which any insurer of said
Contractor may acquire against the City of Lodi by virtue of the payment of any loss under such insurance. Contractor agrees to
obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether
or not the City of Lodi has received a waiver of subrogatlon endorsement from the Insurer
NOTE: (1) The street address of the CITY OF LQQI must be shown along with (a) and (b) and (c) above: 221 West Pine Street,
Lodi, California, 95240; (2) The insurance certificate must state, on its face or as an endorsement, a description of the prolect
that It Is insuring.
(d) Severa ill f Intems-t-C-lause
The term "Insured" is used severally and not collectively, but the Inclusion herein of more than one insured shall not operate to
Increase the limit of the company's liability under the Contractors commercial general liability and automobile liability pollcles.
(e) N otlCa nce lation or Chan a in 0 ov r@Q e laOsjMmen
This policy may not be canceled nor the coverage reduced by the company without 30 days' prior written notice of such
cancellation or reduction In coverage to the Risk Manager, City of Lodi, 221 West Pine St, Lodi, CA 95240.
Page 1 I of 2 pages IRisk: rev, 3!1/2018
(f) Continuity of Coverage
All policies shall be in effect on or before the first day of the Term of this Agreement. At least thirty (30) days prior to the expiration
of each Insurance policy, Contractor shall furnish a certificate(s) showing that a new or extended policy has been obtained which
meets the minimum requirements of this Agreement. Contractor shall provide proof of conflnuing insurance on at least an annual
basis during the Term. If Contractor's insurance lapses or Is discontinued for any reason, Contractor shall immediately notify the
City and Immediately obtain replacement insurance. Contractor agrees and stipulates that any Insurance coverage provided to the
City of Lodi shall provide for a claims period following termination of coverage which is at least consistent with the claims perlad or
statutes of limitations found in the California Tort Claims Act (California Government Code 5ectlon 810 et seq.).
(g) EaiLre-to Comply
If Contractor faits a refuses to obtain and maintain the required Insurance, orfa11s to provide proof of coverage, the City may obtain
the insurance. Contractor shall relmburse the City for premiums paid, with Interest on the premium paid by the City at the maximum
allowable legal rate then in effect in California. The City shall notify Contractor of such payment of premiums within thirty (30) days
of payment stating the amount paid, the names) of the insurer(s), and rate of interest. Contractor shall pay such reimbursement
and Interest on the first (1st) day of the month following the City's notice. Notwithstanding any other provision of this Agreement,
If Contractor faits or refuses to obtain or maintain Insurance as req ulred by this agreement, or falls to provide proof of insurance,
the City may terminate this Agreement upon such breach. Upon such termination, Contractor shall immediately cease use of the
Site or facilities and commence and diligently pursue the removal of any and all of its personal property from the site or facilities.
(h) Verification of Coverage
Consultant shall furnish the City with a copy of the policy declaration and endorsement page(s), original certificates and
amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All oertifIcates
and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required
documents prior to the work beginning shall not waive the Consultant's obligation to provide them. The Clty reserves the right to
require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at
any time. Failure to exercise this right shall not constitute a waiver of the City's right to exerclse after the effective
date,
(i) Leif -Insured Retentions
Self-insured retentions must be declared to and approved by the City. The City may require the Consultant to provide proof of ability
to pay losses and related investigations, claim administration, and defense expenses within the retention, The policy language shall
provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.
Q) Insurance, Limits
The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's officers, employees, agents,
representatives or subcontractors, Contractor's obligation to defend, indemnify and hold the City and its officers, officials,
employees, agents and volunteers harmless under the provisions of this paragraph Is not limited to or restricted by any requirement
in the Agreement for Contractor to procure and maintain a policy of insurance.
(k) 5ubcantrac#yrs,
Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and
Consultant shall ensure that City is an additional Insured on insurance required from subcontractors
(1) QuallfEed Insurers)
All insurance required by the terms of this Agreement must be provided by insurers licensed to do business in the Stats of
California wNch are rated at least "A-, VI" by the AM Best Ratings Guide, and which are acceptable to the City. Non -admitted
surplus IInes carriers may be accepted provided they are Included en the most recent list of California eligible surplus lines
Insurers (LES Ll IIst) and otherwise meet Clty requirements.
Page 2 1 of 2 pages I Risk: rev. 3/1/2018
RESOLUTION NO. 2019-274
A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE
CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT
WITH STANTEC CONSULTING SERVICES, INC., OF RANCHO CORDOVA,
TO EXTEND TERM AND FOR PREPARATION AND SUBMISSION OF FISCAL
YEAR 2020 GRANT APPLICATION FOR COMMUNITY -WIDE ASSESSMENT
GRANT FOR HAZARDOUS SUBSTANCES AND PETROLEUM
BROWNFIELDS TO U.S. ENVIRONMENTAL PROTECTION AGENCY; AND
FURTHER APPROPRIATING FUNDS
WHEREAS, the Fiscal Year (FY) 2015 Brownfields Assessment Grant between the City
of Lodi and U.S. Environmental Protection Agency has been extended to March 31, 2020; and
WHEREAS, Stantec Consulting Services has served as the City of Lodi's project
manager since FY 2015 and has gained knowledge and experience specific to the City of Lodi's
brownfields assessment inventory, property inventory physical attributes, and City of Lodi
redevelopment plans; and
WHEREAS, Stantec Consulting Services assisted the City of Lodi with the preparation
of the FY 2015 Brownfields Grant application; and
WHEREAS, Stantec Consulting Services has offered to assist in the preparation of the
FY 2020 Brownfields Grant application at no cost to the City, and, Stantec Consulting Services
has offered to provide this assistance based upon the premise it will be retained as the
Brownfields Project Manager if the City of Lodi is awarded the FY 2020 grant for assessment
purposes; and
WHEREAS, if awarded the FY 2020 grant, staff will seek City Council authorization to
retain Stantec Consulting Services for project management, and if not awarded the grant, the
City of Lodi will not be obligated to remunerate Stantec Consulting Services for grant
preparation assistance; and
WHEREAS, the number of projects to be completed in FY 2020 was underestimated for
budget purposes; and
WHEREAS, staff recommends amending the Professional Services Agreement with
Stantec Consulting Services extending the term of the agreement to March 31, 2020, and
increasing the contract by $11,523.72 to address additional services; and
WHEREAS, staff recommends an appropriation adjustment of $11,785.71 to account
27083000.72450 and recognize the revenue to account 27083000.56004 to fully allocate the
remainder of the original grant award.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby
authorize the City Manager to execute Amendment No. 2 to the Professional Services
Agreement with Stantec Consulting Services, Inc., of Rancho Cordova, California, to extend the
term of the Agreement to March 31, 2020, to revise the scope of services to include assistance
in the preparation and submission of the FY 2020 Brownfields Grant application; and increase
the contract amount by $11,523.72; and
BE IT FURTHER RESOLVED that the Lodi City Council does hereby authorize
the appropriation of remaining grant funds of $11,785.71 as set forth above.
Dated: December 18, 2019
I hereby certify that Resolution No. 2019-274 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held December 18, 2019 by the following votes:
AYES: COUNCIL MEMBERS — Chandler, Mounce, Nakanishi, and
Mayor Kuehne
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — Johnson
ABSTAIN: COUNCIL MEMBERS — None
PAMELA M. FARRIS
Assistant City Clerk
2019-274