HomeMy WebLinkAboutAgenda Report - March 18, 2020 C-09AGENDA ITEM c-q
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AGENDA TITLE:Adopt Resolution Authorizing City Manager to Execute Amendment No. 3 to
Professional Services Agreement with Stantec Consulting Services, lnc., of
Rancho Cordova, for Additional Project Management Services of Final Phase of
Assessment Grant for Hazardous Substances and Petroleum Brownfields, Extend
the Consulting Agreement Expiration Date to June 30,2020, and lncrease
Contract by $7,499.71
MEETING DATE: March 18,2020
PREPARED BY: Economic Development Manager
RECOMMENDED ACTION: Adopt resolution authorizing City Manager to execute Amendment
No. 3 to Professional Services Agreement with Stantec Consulting
Services, lnc., of Rancho Cordova, for project management services
of final phase assessment grant for hazardous substances and petroleum brownfields, extend the
consulting agreement expiration date to June 30, 2020, and increase contract by $7,499.71.
BACKGROUND INFORMATION: On December 18, 2019, City Council approved Amendment No. 2 to
the Professional Services Agreement with Stantec Consulting
Services, lnc., to appropriate additional grant funds for the completion
of new projects, and for grant writing services for the submission of a second brownfields grant application.
Shortly thereafter, another project, the phase one assessment of the Former Sunset Theater and
Alexander's Bakery were identified. By not charging internal staff expenses to the federal grant, the federal
grant fund has remaining funds to pay for the phase one assessment of these properties, and allow for
grant close-out reporting.
Should City Council approve the attached resolution and contract amendment, the action will fully expend
the 2015 Brownfields Assessment Grant and budget for hazardous substances and petroleum.
FISCAL IMPAGT: This contract amendment request will increase the contract and utilize the
remaining funds on the grant with EPA. The contract amendment with Stantec
is an increase of $7,499.71.
FUNDING AVAILABLE: The grant award of $400,000 is a reimbursable grant. The current FY 20
budget is $47,785.71.
Andrew Keys,puty Manger*'ß
Astrida Trupovn
Economic Development Manager
TM
APPROVED
ity Manager
Section l.l Parties
THIS AGREEMENT is entered into on
Ex[-]il3lT. L
AGREEMENT FOR PROFESSIONAL SERVICES
ARTICLE I
PARTIES AND PURPOSE
ftDc'il 5feUruaqr+., 2016, by and between the ñclrY oF LoDl, a municipal corporation (hereinafter "clrY"), and srANTEc
CONSULTING SERVICES lNC. (hereinafter "CONTRACTOR').
Section'1.2 Purpos-e
CITY selected the CONTRACTOR to provide the services required in
accordance with attached Scope of Services, Exhibit A, attached and incorporated by
this reference.
clrY wishes to enter into an agreement with coNTRAcroR 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 Scooe of Services
CONTRACTOR, for the þenefit and at the direction of CITY, shall perform the
Scope of Services as set forth in Exhibit A,
Section 2.2 Time 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 Agreernent based on a rnutually agreed upon timeline or as otherwise designated in
the Scope of Services.
CONTRACTOR shall submit to CITY such reports, Ciagrams, 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, acis 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 Meetinqs
CONTRACTOR shall attend meetings as may. be set forlh in the Scope of
Services.
Section 2.4 Staffinq
CONTRACTOR acknowledges that CITY has relied on CONTRACTOR's
capabilities and on the qualifications of CONTRACTOR's principals and statf as
identified in its proposal to CITY. The Scope of Services shall þe pedormed by
CONTRACTOR, unless agreed to otherwise by CITY in writing. CITY shall be notified
þy CONTMCTOR 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
whatsoover 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.
Section2.S Subcglttracts
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
Section3.l ComÞensation
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 additionalwork is approved in advance and in writing by CITY.
Section 3.2 Method of Pavme.nt
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 Gosts
The Fee Proposal shall include all reimbursable costs requìred 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 writíng, by CITY.
Section 3.4 Auditinq
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
thrs requirement, CONTRACTOR fufther 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
IllIISC ELLANEOUS PROVISIONS
Section4,l Nondiscrimination
ln 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
ln 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 lndemnification and Rçsponsibility ïor Damaqe
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 tott 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 þy
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, lf CITY chooses at its own election to conduct its own
defense, panicipate 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 Liabilitv
Neither the City Council, 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 Resnonsibilitv 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 lnsrlrance Requirements for CONTRAGTOR
CONTRACTOR shall take out and malntain 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 Assigns
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 Þy 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
22'1 West Pine Street
P.O, Box 3006
Lodi, CA 95241-1910
Attn: JosePh Wood
To CONTRACTOR Stantec Consulting Services lnc,
3017 Kilgore Rd., Suite 100
Rancho Cordova, CA 95670
Attn: Matthew Battin, Associate Scientist
Section 4.9 CooPeration of CITY
ClTy 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 CONTRA,CTOR is Not an Emplovee qf 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 4.1I 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 fudher, CITY may terminate at the conclusion of any such phase.
Upon iermination, 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 padies in reliance upon this Agreement.
Section 4.1 2 ConfidçJtiality
CONTRACTOR agrees to maintain confidentiality of all work and work products
produced under this Agreement, except to the extent otherwise required by law or
permitied 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
Pubtic 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 AppJicaþle Law, -J!,¡fipdiction. Severaþilitv. and Attornev'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. lf any pad 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, ln the
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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 Citv Business License Requirement
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 4.15 Caotions
The captions of the sections and subsections of this Agreement are for
convenience only and shall not þe deemed to be relevant in resolving any question or
interpretation or intent hereunder,
Section 4.16 lnteqration and Modification
This Agreement represents the entire understanding of CITY and
CONTRACTOR as to those matters contained herern, 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 Severabilitv
The invalidity in whole or in parl of any provision of this Agreement shall not void
or affect the validity of any other provision of this Agreement.
Section 4.19 Owngrship 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 propedy 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 Authgritv
The undersigned hereby represent and warrant that they are authorized by the
parties to execute this Agreement,
Section 4.21 Reouirements for Proiects Funded bv 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. ln 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 bv Contractor
Any repoÉ 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 þe
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 r .
authorized pursuant to the conditions of CONTRACfOn's**da^t*rm reliance letter, a ,*-
copy of which is attached hereto as Exhiþit D and incorporated by this reference,
lN WITNESS WHEREOF, CITY and CONTRACTOR have executed this
Agreement as of the date first above written.
ATTEST: CITY OF LODI, a municipalcorporation
J FER M oLo UER
rk City Manager
APPROVED AS TO FORM:
JANICE D, MAGDICH, City Attorney
STANTEC CONSULTING SERVICES INC.
By
Na me: R USTY BENKOS
I
Title: Managing Principal
Attachments:
Exhibit A - Scope of Services
ExhibitB-FeeProposal
Exhibit G = lnsurance Requirements
Exhibit D - Stantec's Forrn Reliance Letter
Fundlng Source: TBD
(Business Unit & Account No.)
Doc lD:2016-2
CA¡Rev,03.09.2016
9
Lodi, Colifornic - FY20l5 EPA Brownfields Communily-Wide Assessmenl Grqnl - CA Work Plqn
U.S. ENVIRONMENTAL PROTECTION AGENCY
BROWN FIELDS ASSESSMENT PROGRAM
WORK PIAN
Cooperolive Agreement #: Bt 99T30201-0
FOR
Lodi, Colifornio - Fiscql Yeqr 20,l5 U.S. EPA Brownfields Community-Wide
Assessmenl Gront for Hozordous Substances ond Petroleum
July 1 5,2A15, 2015
Submitted by
Joseph Wood
Monoger, Neighborhood Services Division
City of Lodi
221 W. Pine Slreet
Lodi, Colifornio 95240
(20e) 333-6800x2467
jwood@lodi,gov
Page I of16
Lodi. Colifornia - FY20l5 EPA Brownfields Community-Wide Assessmenl Gronl - CA Work plon
A, Recipient Title
City of Lodi, Cqlifornio
B. Bockground
The City of Lodi (City) is q diverse communiiy with deep roots in the ogriculturol ond
manufocfuring induslries. The compocf Ciiy is sunounded by orchords, vineyords, ond wineries.
Roil ond highwoy conidors run through industriol ond commerciol disTricts.
Lodi's economy wos buill on brood-bosed ogriculfure ond mqnufocluring. Wine-bosecl tourism
hqs become on integrol componenl of the Cily's economic base ond hos strengthened
complementory morkets including hotel, retail, ond dining, However, over the lqst 30 yeors,
declines in locol monufocturing ond processing, environmentql coniqminofion ond the greot
recession hove severely impocfed the City's economy.
The Cily is working lo slrenglhen iTs economy by revilolizing hisloric induslries ond ollrocling
new, diverse commerce, However, brownfields, including shutiered foctories, mills ond prinf
shops; neglecîed downtown, commerciol, rqil ond highwoy conidors; obondoned buildings,
worehouses, gos stotions ond qulo yords; ond other derelict properties - lhe result of decodès
of economic struggle - impede lhis vision forrecovery,
The CiTy's U,S, Environmentol ProtecTion Agency (EPA) Brownfield Community-Wide Assessment
lcwA) Gront Projecl (ProjectJ will use gronl funding to esToblish o sustqinable brownfieldsprogrom' The City will creote o comprehensive brownfield invenlory, prioritize revitolizotion
oppotlunities, pedorm environmentsl site ossessments (ESAs), qnd conducl remediol
oction/reuse plonning ociivities in olignmentwilh estqblÌshed communily plons ond objectives,
The Project willconduct ossessmenis ond Arec-Wide Plonning {AWp) in brownfield-impocted
oreos, incfuding ihe focus oreos ond torgeted communities in the downtown, Union pocific
Rqilrood {UPRR) Conidor qnd the Highwoy ?9 Conidor, These focus oreos include five iorgeied
comrnunities, which moke up some of Lodi's mosi economicolly distressed ond cullurolly
diverse neighborhoods qnd mony brownfield sites.
C, Goals and Objectives
q. EPA Slrotegic Plon
This Project supporls fhe U.S. EPA Siroiegíc Plcrn ond GPRA Gool 3: Cleoning Up Communiliesond Advqncing Sustoinoble Development, Objective 3..l promote Sustoinable ond Livoble
Communilies,
Outputs:
The City will invenlory ond qssess hozordous subsfonce ond pelroleum brownfíelds
withîn The community ìn order lo cololyze cleonup ond revitslizotion of priority sites. The
City onlicipoles specífic oulputs io include the followingr
Page 2 of 16
Lodí, Coliforniq - FY2015 EPA Brownfields Communily-Wide Assessment Gront - CA Work Plsn
Task I - Brownfield lnverrtor:¡S[cl_Priorilizotion
, Comprehensive Çity-wide inventory of poTentiol brownfield sites; qnd,
. Prioritized list of siies for ossessment.
îosk 2 * Fhase I EnvironmenToi Site Ass.ç.s.smenl$.lF$AsJ.
. Site eligibility determinotions for eoch site selected for Phose I ESAs;
. Site occess ogreements for siies prioritized for Phose I ESAs;
. Heolih ond Sofety Plons {HASPS) prior to conducting eoch Phqse I ESA; ond,
. ASTM 81527-13 Phqse IESAs ol up to l2 high priority hozqrdous substonce brownfield
siies (ó hozordous substonce sites ond ó petroleum sites).
Tcrsk 3 - Phose ll ESAs. Re¡necliol AcÌisn Plcrns (R,APs). and Areq-Wide Plonnins f AWP)
. Comprehensive Quolity Assuronce Project Plqn (QAPP);
. Site occess ogreements for siles prioritized for Phose ll ESAs;
r Sile-Specific Sompling ond Anolysis Plons (SSSAPS) ond updoted HASPs for siÌes
prioritized for Phose ll ESAs;
. Siles-specific Endongered Species Act ond Notionol Historic Preservqtion AcI
consultotions before conducting Phose ll ESAs;
. Phqse ll ESAs on selecl porcels for which Phose I ESAs qre completed ond for which
the need for furlher ossessmeni is idenlified. The City plons to conduci Phose ll ESAs
on up to ó high-prioriiy brownfields sìies (3 hozordous substonces siTes ond 3
petroleum sifes);
. Supplemenlol Phose ll ESA work of up lo 2 sites, os needed {l hozordous subsTonce
sile ond 1 petroleum site);
. Remediol Aclion Plons (RAPs) ond/or Site-Specific Reuse Plqns of up to 2 peiroleum
ond 2 hozordous substonce siles; ond,
. AWP documenis fôr up to two focus oreos.
Task 4 - Communily-Outreoch onsl Publlc lnvolvement
. Estoblish the Brownfield Advisory Commiïtee (BAC), meet with developers, property
owners, other stokeholders, ond the generol public;
. Solicit, discuss, ond implement meoningful public input into the gront processes;
. Public noiices;
. Meeting moleriols ond presentolions;
. Brochures ond other public informoTion mqferiols; ond,
' Project webpoge for the City's websile.
Page 3 ofI6
Lodi, Colifornio - FY2ì15 EPA Brownfields Communily-Wicle Assessmenf Gronl - CA Work plan
The City will complefe the following reports os required ond in occordonce with the
submíttol deodlines lo þe specified in the Cooperotive Agreemeni {CA) wilh EPA:
. Quorlerlyprogress/slolusreports;
. BAC meeling minutes;
. Annuol Disqdvqnloged Business EñTerprise (DBEJ reporls;
. Assessment, Cleonup ond Redevelopment Exchqnge System (ACRES) updotes;ond,
. Fincrlfinonciol ond close-out summoiy reporf lo EpA,
Or{lcomes:
The following specific ouiconnes will be lrccked on o quorterly bosis:
¡ Number of polentiol brownfield properties inventoried;
. Numbers of sites ond ocres of lond ossessed;
. Numbers of siTes for which property title lronsfers ore focilitcted;
. Acres of lond redeveloped ond sguore foologe of buifdings positioned for odoplive
reuse;
r Acres of porks or green spqce creoÏed;
. Length of wolking or bike troils creqied;
. Amouni of oddilionol pulolic ond privote investment leveroged;
. Amounl of other funding leveroged;
. Jobs creoted or reloined;
r lncreosed property ond sqles tqx revenue generoted;
. Number of buildings seeking LEED certificotion; ond,
r lncorporotion of green ond sustoinoble ossessmeni ond remediqfion
lechniques opplicoble to Phose Il ESA oc'tivities,
(GsR)
b. Projecl Gools
Tlre City's overçll gocl ís 1o build s sustainqble Brownfield Progrom thot spurs
ecOnomic clevelopnrenT ond reduces risks to humon liealth ond the envìronmenl by
red eveloping u n derutîlized, bligh tecj brown f ield properTies.
Page 4 of16
Lodi, Colifornio - FY20l5 EPA Brownfields Communify-Wide Assessment Gronf - CA Work Plon
Groni funds will be used to support ihe Project gools by: l) Esfoblishing ond
msíntoining o comprehensive brownfield inventory; 2) Conducting Phose I ond ll
ESAs to fociliTote the cleonup, Tronsfer, ond redevelopment of brownfields; 3)
Engoging the communiiy ond slokeholders in idenlifying ond prioriiízing sites ond
redevelopment plonnÌng; ond, 4) ConducTing AWP within up to lwo focus oreos
including morket onolysis, existing conditions/infrostructure evoluolion sfudies, site-
specific reuse plonning for cololyst brownfield sites, qnd commun¡ty visioning
exercises fo inform o common redevelopment slrolegy ond implementolion plon.
c. Pre-Awqrd Cosls
The CíIy of Lodi requesls the opprovol of pre-owcrd costs for lhis CA, lt is estimoted
thot up to $20,000 will be utilized for the following qctivities:
Public Project kickoff meefing including the public ond key Project stokeholders,
Project kickoff meeting(s) with the Consultonl ond EPA to review Project scope,
gools, ond siroTegies for community, property owner, ond stqkeholder
engogemenl.
Preliminory brownfield invenTory work.
Preporo'lion of the comprehensive QAPP,
D, Tasks
Tasl< 1- - Brownfield inve ntorv and Prioritizatíon
a. Task Description
Build o geogrophic informofion system {GlS)-bosed comprehensive City-wide
invenlory of brownfield siles qs o foundqtion for idenlifying priority ossessment,
cleonup ond redevelopment opportunity sites, reoching out to owners, ond selecting
sites for ossessmenl. The doto moy be integro'ted with other dotoboses to better
relote lhe presence of brownfields to vqrious economic impocis ond/or heqlth doto,
The Consullonl will leod the inventory ond prioritizotion octivities with support from
the City qnd lhe BAC.
. Conduct tours/inspections throughout the City to identify blighted or vocont
poTentiol brownfield siles thot qre not recorded in existing dotoboses or
ideniified by recent plons/studies;
¡ Review selecl City, County ond STote records thot ore poientiolly relevonl to
identifying brownfields (including occuponcy ond other permiTs, tox delinquency
slotus, building code violotions, ossessors doio, CiTy spill doto, ond sites idenfified
in recent plons ond studies;
a
a
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Paee 5 aî 16
a
Lodi, Colifornio - FY20l5 EPA Brownfields Community-Wide Assessment Gront - CA Work plcn
Review ovoilobie historicol Sonborn fire insùronce mops, oeriol phologrophs
and/or olher sources of informotion To idenfify hisloric sites which hove o
significonf potenlial for irnpocis from hisforicol lond uses;
Survey local real estate industry represenlotives for informqlion on siies in ihe
City; ond,
Review sto'le ond county records to verify thot oll sifes with known or suspected
impocls or lhreots to public heollh ore included in the evsluotion/prioriTizafion
process.
a
a
The inventory ond prioritizotion process will be integrofed wilh GlS, supplemenling
existing doto loyers to isolote siles wilh environmenlol concerns ond reuse potentiol.
Following inventory octiviiies, siles will be prioritized for ossessmenl ond/or
cleonup/redevelopment plqnning. When prioritizing sites, lhe City wíll onqlyze ihe
foliowing: {l} economic development polentiol/opporluniTies; (2) known or
suspected fhreots to public heollh; (3) siles identified in exisling community plonning
documents; (4) degree of known or suspected environmentol impocts; (5) degree of
blight or underutilizotion; (ó) tox delinquency stofus; ond IZ) community concerns,
b, Task Budget
Cost: $38,000 (5Q%hazordous suþsfsnces gront funds/50% pelroleum gronl funds),
. Ci'fy personnel lqbor/fringe: 94,000 (50 hours ot g80/hr) t-(g50/hr l-63%)
solory, -$30/hr (-37%) fringel).
. Conlroctuol: 934,000 (340 hours ot gl00/hr).
c, Schedule
Tosk Stsrt Dote: July 2015
Tosk Cornpletion Dote: Februory 20.l5
d. Deliverables
Deliverqbles moy include:
. GlS-bqsed comprehensive Cily-wide inventory of poTenliol brownfield siies;
I LisT 0f crileriCI for ronking siTes;
. Gls mops of potentiol brownfields siles, os needed for plonning ond
property redevelopment morketing; cnd,
. Brownfield inveniory report documenTing inventory qnd prioriTizotion
methods,
¿
Page 6 of I6
Lodi, Colilornio - FY20l5 EPA Brownfields Communily-Wide Assessment Gront - CA Work Plon
Tasl<2-PhaselES As
a, Task Description
The Çily will conduct Phqse I ESAs on up io l2 siles (é hozordous substonce sites ond ó
pelroleum sites).
The CiTy ond its Consullont will compleTe Phose I ESAs in occordqnce with All
Appropriote lnquiry ond ASTM Prociice É 1527-13 "Slondord Proctice for ESAs; Phose I
ESA Process." The City ond/or its Consultqnf will contoct site owners, negotiote
occess qgreements, ond complete site eligibilify determinotions before beginnìng
Phose I ESAs,
Site eligibilily determinotion requesTs will be submitled to the EPA Project Officer using
the supplied request form. Site elìgìbility will be reviewed by the EPA Project Officer
ond/or DEQ {for peTroleum si.tes) for concurrence wilh siote qnd Cily delerminolions
prior to ony site-specific work.
The ACRES dotoboqe will be updoted ol the conclusion of eqch site eligibilily
determinotion ond eoch Phose I ESA.
The City ond its Consultoni will leod lhe Phose I ESA tqsk. wilh ossistonce from the BAC
on sile selectíon, occess issues, doto ocquisition, ond report review ond distribution,
b. Task Budget
Cost: $ó2,000 þA%hozordous substqnces gront fundsi5O% petroleum gront funds).
. City personnel lqbor/fringe: $2,000 (25 hours oi $80/hr)
r Con'lroctuol: $ó0,000 - Averoge Phose I ESA cost: $5,000 ,12 x $5,000 =
$ó0,000)
. Phose I ESA costs include eligibility delerminotion, HASP, ond oïher pre-
Phose I ESA octivities.
c, Schedule
Tosk Siort Dote: April 201ó
Tosk Completion DoÌe: Ongoing lhroughout gront period
d, Deliverables
Deliverqbles moy include:
. Completed eligibility determinotions;
Page 7 of 16
Locji, Cclifornic - FY20l5 EPA Brownfields Communify-Wìde Assessmeni Gront - CA Work Plan
. HASPs;
' Sígned occess ogreements; qnd,
. ASTM 81527-13 Phqse I ESA reports
Tasl< 3 - Phase ll ESAs, Remedial Action Plans, and Area-Wide Pl annlng
a, Task Description
. Complete o comprehensive QAPP;
. Obfoin site occess ogreements for sites prioritized for Phose ll ESAs;
Provide documentolion 1o fulfill EPA's requiremenfs under the Endongered
Species Ac'l Section 7 ond the Nolionol Hisloric Preservofion Aci Section l0ó
(NHPA).
CompleTe Sile-Specific Sompling qnd Anolysis Plons (SSSAPs) ond updote HASPs
for sites priorilized for Phose ll ESAs;
Perform Phose ll ESA ondior supplementol qssessment octiviTies on select porcels
for whích Phose I ESAs ore completed ond for which the need for further
ossessment is identified. The City plons To conducf Phose ll ESAs on up to ó high-
priority brownfields siles (3 hozordous subslonces sites ond 3 pelroieum siïes);
Perform supplemeniol Phose ll ESA work of up to 4 siles, qs needed {2 hozordous
substonce site ond 2 petroleum sife);
Prepore RAPs qnd/or Si1e-specific Reuse plons oI up to 2 pelroleum qnd 2
hozordous substance sifes; cnd,
Conduct Areo-Wide Plonning for up to lwo focus oreos.
The City ond its Consulfont wlll leod lhe Phose ll ESA tqsks with ossistonce from
BAC on site selection, occess issues, dcTo ocquisifion, ond report review ond
distribufion.
b, Task Budget
Cosi: $222,000 {50% hozcrdous subslsnces gronl funds/50% pefroleum gront funds)
See breokdown in the toble below.
I
a
I
a
a
a
a
Tosk 3
Subtosks Unils Cost Per Unit
Totol Budget
(50%Ãozsub/ 50%
petroleum)
QAPP I $8,000 $B,o0o
Phqse ll ESA 6 $l?,500 $l I z,ooo
Page B of 16
Supplementol Phose ll ESA 2 $9,500 $t9,ooo
Remediql Action Plons 4 $8,500 $34,000
Areq-Wide Plonning 2 $20,c00 $40,000
City Personnel Lqbor/Fringe 50 $80 $4,000
TotqlTqsk 3 Cost s222,000
Lodi, Cqlifornio - FY20l5 EPA Brownfields Communily-Wide Assessmenf Gronf - CA Work Plqn
c, Schedule
QAPP completed by Ocf ober 2Ol5: Firsl Phose ll ESA undenr,roy by Moy 20i ó
Tosk Completion Dote: Ongoing throughout ProjecT.
d. Deliverables
Delíverqbles moy include:
. Comprehensive QAPP;
. Completedlupdoled eligibility forms;
. HASPs;
. Endongered Species, NHPA, ond culturql reso¡rces documeniotion;
. Signed qccess ogreements;
. SSAps;
. Phose ll ESA Reporis;
. RAPs/Sile-Specific Reuse Plons; ond,
. AWp reporl{s).
Task4-ComnrunitvOutr ch and Public nvolve rne nt
a. Task Descriptíon
The objeclive of this losk is to ensure ihqt commun¡Ty concerns qre considered in
ossessmenl plonning qnd execution, The objeciive of This losk is to ensure lhot The
community is kept informed of Project gools, methods. ond progress ond ensure the
public is provided opportunity for meoningful porticiporion,
' Convene the BAC;
. Coordinote qnd conduct of leqst ó meetings with BAC, sfqkeholders, qnd the
public to publicize the progrom ond promote cc'mmunity ond property-owner
porticipotion;
Page 9 of16
t
Lodi, Cqlifornio - FY2015 EPA Brownfields Community-Wide Assessmenî Gronl - CA Work Plon
Develop outreoch moteriols including foci sheets/moilers, press releoses, project
website, qnd meeting moleriols ond presentofions; ond,
Prepore qnd rnqke publicly svoilqble o Site NorninoTion Form to soliciT
communiiy ínput regording identificotion ond prioritizolîon of siles,
a
b, Task Budget
Cost: $28,000 (50% hozordous substonces gront funds/50% pelroleum gront funds)
. City personnel lobor/fringe: $ó,000 {75 hours of $80/hr)
. Controcluol: $22,00A Q20 hours ql $100/hr)
c, Schedule
November 2015: Convene BAC composed of comrnunily porlners idenlified
during the gront opplicotion process to plon ond guide community outreoch
efforts;
BAC will hold ot leosi ó meetings during Projec'l;
Hold public Projecl kickoff meeting September 2015 - oulreoch ongoing
Throughout Project; ond,
Foct sheeis/moilers will be prepcrred ond distribuied oi the beginning of lhe
Project, if there ore new developmenfs or deloys, crnd ofler the ossessment is
complete;
d, Deliverables
Deliverobles moy include:
. BAC ond olher meeling notes;
. Site Nominotion Form fo solicil comnnunity input regording identificolion
ond priorilìzation of sites;
. Foct sheeTs/moilers:
r Press releoses;
' Projec't websife; qnd,
' Meeting moteriols ond presentotions.
Ta sk5-Ot h er lisible Propram Activities --Reo
t+lratnrng/ lravel
a
a
o Tqsk Description
ortins and staff
Page 10 ofI6
Lodi, Cqlifornio - FY20l5 EPA Brownfields Community-Wide Assessment Granl - CA Work plqn
The Cily will provide regulor reports to EPA including Quorlerly Progress Reports, DBE
Reports, ond onnuol Federol Finonciol Reports.
The City ond its Consullont will leod Tosk 5.
Up to 2 City sioff will ottend i notionol crnd I regionol brownfield conference.
b, Tosk Budget:
Cosl: $30,000 (50% hozordous substonces gront funds/S0% petroleum gront funds)
. Ciiy personnel lobor/fringe: $4,000 (50 hours ot g8O/hr)
. Controctuol: $22,000l22O hours o19100/hr)
. Trovel: 2 City stoff ottend one stote/regional brownfields conference ond
one notionol brownfields conference. See hrudget toble below.
Trqvel Budget Detqil
c, Schedule
. Progress reports will be prepored ond submitted ic, EPA on o quorterly bosis [due
within 30 doys of the end of eqch federol fiscol quorter ending December,
Morch, June, ond September,
¡ DBE Reports will be submitted within 30 doys of the end of the qnnuol reporting
period ending Sepiember {due by October 30th).
. Properly profiles will be completed ond updoted quorterly in ACRES for eqch
property where CA funds ore expended.
. lnterim Federol Finonciql Reporis (FFR, SF-425), due December 3lsl onnuolly.
' A finql performonce report will be completed ond submitted fo the EPA Project
officer (electronicolly) within 90 colendcr doys following the expirolion or
Page 11 ofl6
Airfore Hotel Per DÌem Airpori
Porking Tolols
Stote/ Regionol
Conference
(3 doys/
2 niohisl
$o $3ó0 $240 $o $ó00
Nqtionol Conference
(4 doys/
3 niqhis)
$r,ó00 $1,3óo $400 $40 $3,400
TotolCost $4,000
Lodi, Coliforniq - FY20l5 EPA Brownfields Communily-Wide Assessmenl Gronl - CA Work plqn
terminoiion of the owqrd. The reporl will contoin the sqme informotion as the
QuorÌerly Progress Reports, but will cover the entire Project period. ln oddition,
the finol performonce report will specificolly oddress lessons lecrrned, successes
ochieved, ond o summory Project foct sheet,
Regionol brownfields conference (onticipoted 20tó) ond o notionol brownfields
conference {September 20 I 5).
d. Deliverobles
. Quorterly Progress Reporis;
. DBE Reports;
. Updoted ACRES records; ond,
. Finol Performonce Report.
E. Schedule of Milesl.ones & Deliverables
a
,D,UiË D.AilìE'
flor gnsnü
owslded
,l'010ï,/ 15ì
il¡E',l¡Se,nd'.lo:
EPA PO sxAtiE EPA
GIRANIf$,
.E.FA
TI,¡IANCE
Pre-Aword Public Project kickoff meeling
with public ond key
stokeholders;
lnternol kickoff meeting with
Ciiy, Consultcnf, ond EPA;
Preliminory invenf ory work;
ond
Prepore DRAFT QAPP,
X
Ongoing (As
needed)
Properly Profile Form enlered
in ACRES or submitted to PO
X
Month 2 Eslqblish BAC qnd ldentífy
Slokeholders
X X
Month I Foct sheeT - Project storting
MonÌh 4
{Quorterly)
Quorterly Progress ReporT
(APR) I for Period l01i-
t2/31115
^
Page I2 of16
l5 EPA Brownfields Com W e A.ssessment Grsn'l- CA Work Plon
Send lo:
'EPlå;:PO ,SlIAillE iEFA
GrRtl$NilìS,
iEPA,
HiN,AiN',6:E:
tl|lrEM
Comprehensive QAPP
Finolized
Monïh 2
QPR 2 for Period 111-3131116
- conTinue quorterly
XMonth 7
XMonfh 8 lnventory developed & Site
Seleclion Criierio set
Top sites selecled X XMonth 8
X XOngoing -
AÌleosi 30
doys before
ossessment is
scheduled io
begin
Site eligibility requested &
confirmed
XBefore
conducting
ossessments
HASP
Site Access AgreemenTs in
Ploce
Endongered Species Acî,
Notionol Hisioric Preservqtion
Acï Lellers (noi required for
Phose IESA)
Site AssessmenisOngoing
Ongoing Areo-Wide Plonning
XX
{copv)
DBE Report
(DBE = Disadvonloged Business
Enlerprises)
Reports musl þe submitled onnuolly by
Ociober 30lh of eoch Yeor.
For forms & more informoiion, visit:
lr I I o: //www errct,c¡ov/osdr¡tr /cl þ¡e I ecm.h
lm
Annuolly by
1 0/30
XRequests for Reimbursement -
see AdminisTrqïive Terms &
Condilions
As Needed
XFoci Sheet - Assessmenl
results
Month 3ó
Page I3 of 16
lulußi;u*nip
{ûtqre¡srqit
SWb¡dsol,q¡¡0i¿0,{il,ilr6}i
ilil"tilr
ütr'AiliE,
Months 3ó -
39
Finol Federql Finonciol Report
{rFR) {SF425) & Finot
Drqwdown
For forms & more informqfion, vislt:
h ltp ://www.epq. gov/ocf o/f inservicesf or
ms,him
X
fcopy)
X
(copy)
X
Monlhs 3ó -
39
Closeout: Finol Performonce
Report with Summory Foct
Sheet, Photos, qnd Lessons
Leorned
X
Page 14 of16
Lodi, Colifornio - FY20i 5 EPA Brownfields Community-Wide Assessmenl Gronf - CA Work plon
F. Budget Summary
Hqzordous Subslqnces Grqnf Budget
Petroleum Grqnt Budget
G, Greening Grants
The Ci'ty will incorporqte lhe EPA Greening Gronts Policy during Projecl implementqtion,
l, The Cily will continue to implement environmentolly preferoble purchosing
(e,9. office supplies).
2. The City will coniinue our in-office recycfing progrom.
Tosk l
lnventory
0nd
Prioritizolion
Tosk 2
Phose I
ESAs
Tosk 3
Phose ll
ESAS/ RAPs/
AWP
Tqsk 4
Public
Outreoc
h
Tosk 5
Other
Eligible
Tcsks
Totol
Personnel $ r ,250 $ó25 $.ì,250 $ r ,875 $r,250 $ó,250
Fringe $z50 $s75 $250 $r,125 $750 $3,750
ïrovel $o $o $o $o $2,ooo $2,000
Contrcctuol $27,000 $30,000 $109,000 $1 r,000 $ìì,000 $rBB,ooo
Grqnt Tolol $29,000 $31,000 $t I 1,000 $14,000 $i5,000 $200,000
Tosk I
lnvenfory
ond
Priorifizoiion
Tosk 2
Phose I
ESAs
Tosk 3
Phose ll
ESAs/ RAPs/
AWP
Tosk 4
Public
Outreoch
Tosk 5
Other
Eligible
Tosks
Tolql
Personnel $r,250 $ó2s $ r ,250 $ r ,BZ5 $,l,250 $ó,250
Fringe $750 $375 $250 $,l,r25 $750 $3,750
Trovel $o $o $o $o $2,000 $2,ooo
Conlroctuol $27,000 $30,000 $109,000 $1 1,000 $1 1,000 $188,000
GrqnT Tolol $2e,000 $31,ooo $r r r,000 $14,ooo $r5,ooo $200,000
Page 15 ofI6
Lodi, Cqliforniq - FY20l5 EPA Brownfields Communiiy-Wide Assessmenl Gront - CA Work Plon3. The Cily will conducl Green meefings {e,9,, sending electronic invitqtíons;
choosíng public-tronsit-friendly meeting locotions; ensuring hord copy
outreoch mqteriols qre printed double-sided ond on recycled poper, etc.)
Page 16 of16
BF-99T30201-0DATEa8tMt2015DATEOFAWARD08/04i2015MAILING DATEo8t11t2015ACH#90345TOTAL PROJECT PERIOD COST$400,000.00EPA GRANT SPECIALISTSusan ChiuGrants Management Office, MTS-7E-Mai¡: chiu.susan@eoa-qovPhone:415-972-3674GRANT NUMBER (FAIN}: 99T30201MOD¡FICATION NUMBER: OPROGRAMGODE: BFTYPE OF ACTIONNewPAYMENT METHOD:ASAPSend Payment Request to:Las Vegas Finance Center email:lvfc-qrants{ôeoa-qov or Fax (7O2) 798-2423PAYEE:221 W, Pine StreetLodi, CA 95240City of LodiTOTAL BUDGET PERIOD COST$400,000-00AWARD APPROVAL OFFICE/ ADDRESSORGANU-S. EPA, Reg¡on 9Superfund Division, SFD-l75 Hawthome StreetSan Francisco, CA 94105EPA PROJECT OFFICERNova Blazej75 Hawthome Street, SFD-6San Francisco, CA 94105E-Mail: Blazei-Nova(ôeoa.qovPhone: 415-972-3846PROJECT PERIODo8ro1 t20'ts - 1ar3112018U.S. ENVIRONMENTALPROTECTION AGENCYCooperative AgreementEI{\'IRONMENTALAGENCYPROTÉCÎIONu.s.THEBYAMERIGAOFSTATESUNITEDTHEDigÍtal s¡gnature appf¡ed by EPA Award Official Sara L. Russell - Grants Management OfficerJoseph Wood221 W. Pine StreetLodi, CA 95240E-Mail: þood(ôlodi.qovPhone: 209-333-6842PROJECT TITLE AND DESCRIPTIONBrownftelds Assessment Cooperative AgreementThis pmjecl provides funding for the Crty of Lodl to inventory, châråcteriue, assess. and conduct cleanup planning and community involvemenl relâted ectivitiesfor Biovrmiel¿s sites in fi1¡e focus areas in the tlowntown and Union PacÍfic RaiÌroacl (UPRR) Conidor and the Highroay 99 Ccrrìdors-This agreement provides full federal funding in the amount of $400,000- Preaward costs are approved back to 8/1/2015.BUDGET PERIODoaunolí - 1013112018NOTICE OF AWARDBased on yor:r ApplÌcatiorr dalerj 07115/2015 including alf modificalions and amendments, the United Stales acting by and through the US EnvironmentalproiectÌon Agency ¡ee,e¡ frereny awards 5400,û00. EPA agrees io cost-share I00-i)09o of all approved budget period costs incurred, up to and not exceedingtotal federai iunding of $400,00i1- Recipient's signature is not required on this agreement- The recipient demonstrates its commitment to carry out this awardUy "itúu. I ) drawin*g dorn¡n funds within ?l days after the ËPA awård or amendrnent mailing date; or 2) nol filing a nolice of disagreement with the award termsan¿ condilåns within 21 days afierthe ËPA award or âmendmênt rnaîling dãtê. lf the recipienl disagrees with the terms and conditions specif¡ed in this award,the ar¡thorÞed representãt¡ve rf the recipient must fumish a notice oidisagreement to the EPA Award Offtcial within 21 days afterthe EPA award oramendment mãiling dat€. ln case ol disagreement, and until the disagreement is resolved, the recipient should not draw down on the funds províded by thisaward/amendment. and any costs incurrei by the recipienl ãre at its own risk. This agreement is subject to applicable EPA regulatory and statutory provisions,attachmentsandall terms and condit¡ons of th¡sOFFICE (GRANTS MANAGEMENT OFFICE}ORGANIZATION / ADDRESSGrants Management Office, MTS-775 Hawthome StreefSan Francisco, CA 94105Region 9RECIPIENTÏYPE:MunicipalRECIPIENT:221 W. Pine StreetLodi, CA 95240EIN: 9u1-6000361City ofPROJEGT MANAGER
EPA Funding lnformation BF-99T30201-0 Page2
FUNDS FORMER AWARD THIS ACTION AMENDED TOTAL
EPA, Amount Thls Actlon $$ 400,000 $ 400,000
EPA ln-Klnd Àmount $$$o
Unexpended Prlor Year Balance $$$o
Other Federal Funds $$$0
Reclpient Contributfon $$$0
State Contrlbution $I $0
Local Contrlbutlon $$$0
Other Contrlbutlon $ü $o
Allowable ProJect Cost $0 $ 400,000 $ 400,000
Asslstance Program {CFDA}Slatutory Authorlty Begulatory Aulhorlty
66.818 - Brownfields Àssessment and Cleanup
- Cooperaiive Agreements
cERCLA: Sec.104(k)(2)2 CFR 200
2 CFR 1500 and 40 CFR 33
Fiscal
Site Name Req No FY Approp.
Code
Budget
Arganizatlon
PRC Object
Class
Site/Project Cost
Organlzatlon
Obllgatlon /
Deobligatlon
150SK08024
1 509K08û34
1t
1r
E4 OSK2AG]
O9K2AGi
301 07{
301 D79XBF
4114
4114
G900NY0C
G9000Rûc
200,00{
200,00c
400,00(
BF-99T30201-0 Page 3Total Approved AllowableBudget Period Cost$25,200$14,800$4,000$0$0$356,0O0$0$0$400,000$0$400,000$400,000$0$400,000$400,000Table A - Object Class Category(Non-construct¡on){- Personnel2. Frinse Benefrts3. Travel4. Equipmerit5- Supplies6. Contractual7. Construction8. Other9- Total Direct tharges'10- lndirect Gosts: o/o Base11. Total (Share: Rec¡piênt 0.00 % Federal 1O0.O0 %.112. TotâfAssistãnce Amount13. Program lncome{4. Total EPA Amount Awarded This Action15" Total EPA Amount Awarded To Date
BF-9ST30201-0 Page 4
A,d m i n i strativ e Ç o n diti on s
The recipient agrees to comply wíth the current EPA general terms and conditions available at:
Itttp:/lwvrw.epq,gcv/og.clltclgerreral tc applleaþle aa recipients -clec.26 2014.pdf. These terms and
condítíons are in addition to the assurances and certifications made as part of the award and
the terms, conditions or restrictions cited below. The EPA repository for the general terms and
conditions by year can be found at: http;l/www,epô.çloy,logd/tc.htü.
A. Annual Federal Financial Report (FFR) - SF 425
For awards with cumulative project and budget periods greater than 12 monlhs, the recipient willsubmit
an annual FFR (SF 425) covering the period from "projecUbudget period start date" to September 30 of
each calendar year to the U,S. EPA Las Vegas Finance Center (LVFC), The FFR will be submitted
electronically to lvfç-qrants(ıepa,çov no later than December 30 of the same calendar year, The form
with instructions can be found on LVFC's website at hltp:i/www2.ena,q.ov/flnancial/formq.
B. Procurement
The recipient will ensure all procurement transactions will be conducted in a manner providing full and
open competition consistent with 2 CFR Part 200,319. ln accordance 2 CFR Part 200,323 the grantee
and subgrantee(s) must pefform a cost or price analysis in connection with applicable procurement
actions, including contract modifications,
C. Six Good Faith Efforts 40 CFR Part 33, Subpart C
Pursuant to 40 CFR Section 33,301, the recipient agrees to make the following good faith efforts
whenever procuring construction, equipment, services and supplies under an EPA financial assistance
agreement, and to require that sub-recipients, loan recipients, and prime contractors also comply,
Records documenting compliance with the six good faith efforts shall be retained:
(a) Ensure DBEs are made aware of contracting opportunities to the fullest extent practicable through
outreach and recruítment activities, For lndian Tribal, State and Local and Government recipients, this will
include placing DBEs on solicitation lists and soliciting them whenever they are potential sources,
(b) Make information on forthcoming opportunities available to DBEs and arrange time frames for
contracts and establish delivery schedules, where ihe requirements permit, in a way that encourages and
facilitates participation by DBEs in the cornpetitive process. This includes, whenever possible, posting
solicitations for bids or proposals for a minimum of 30 calendar days before the bid or proposal closing
date.
(c) Consider in the contracting process whether firms competing for large contracts could subcontract
with DBEs. For lndian Tribal, Slate and locai Government recipients, {his will include dividing total
requirements when econornically feasible into smaller tasks or quantities to permit maximum participation
by DBEs in the competitive process.
(d) Encourage contracting with a consortium of DBEs when a contract is too large for one of these firms
to handie individually,
(e) Use the services and assislance of the SBA and lhe Minority Business Development Agency of the
Department of Çommerce,
(f) lf the prime contractor awards subcontracts, require the prime contractor to take the steps in
paragraphs (a) through (e) of this section,
D. Utilization of Disadvantaged Business Enterprises
General Complíance,40 CFR Part 33
The recipient agrees to complywith the requirements of EPA's Disadvantaged Business Enterprise (DBE)
Program for procurement activíties under assistance agreements, contained in 40 CFR Part 33. A
recipient must negotiate with the appropriate EPA award official, or his/her designee, fair share objectives
for MBE and WBE participation in procurement under the financial assistance agreements.
ln accordance with 40 CFR Section 33.411 some recípients may be exempt from the fair share objective
requ¡rements as described in 40 CFR Part 33, Subpart D. Recipients should work with their DBEcoordinator if they think their organization may quailfy for an exämption.
The dollar amount of this assistance agreement, or the total dollar amount of all of the recipient,s financialassistance agreements in the current federal fiscal year from EPA is g2S0,000 or more. The recipientaccepts the applicable MBEÄfiBE fair share objectives/goals negotiateU witn EpR by the California State
Water Resources Conlrol Board (CSWRCB), as follows:
WBE
1%
1%
1%
1%
Construction
Equipment
Services
Supplies
MBE
ZYo
1%
1%
1%
The recipient accepts the fair share objectivesigoals stated above and attests to the fact that ii ispurchasing 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 93.404
The recipient has the option to negotiate its own MBE/VVBE fair share rbjectives/goals, lf the recipient
wishes to negoiiate its own MBE/VVBE fair sh_are..objectiveslgoals, the reóipient ajrees to submit proposed
MqE]\^/BE objectives/goals based on an availability analysis, or disparity study, oi qualified MBEs andWBEs in their relevant geographic buying market for construction, servióes, súpplies 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 reiipient, The retipieni agrees to
submit proposed fair share objectives/goals, together with the supporting availability analysis-or disparity
study, to the Regional MBE^/VBE coordinator, Joe ochab at ochab.Jce@epa.,ggy'within 120 days of its
acceptance of the financial assistance award, EPA will respond to the propoórA tã¡r share objective/goals
within 30 days of receiving the submission, lf proposed fair share objeciive/goals are not received within
the 120 day time frame, the recipient may not expend itè EPA funds for proãurements untilthe proposed
fair share objectiveigoals are submitted.
Contract Administration Provisions, 40 CFR Section 99.302
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)
Recipienis of a Continuing Environmental Program Granl or other annr;al reporting grani, agree to create
and maintain a bidders list, Recipients of an EPA financial assistance agreementlo capitallze a revolving
loan fund also agree to require entities receiving identified loans to create and maintain a bidders list if thè
recipient of the loan is subject to, or chooses to follow, competitive bidding requirements, please see 40
CFR Sectjon 33.501 (b) and (c) for specific requirements and exemptions,
E, NIBE/WBE Reporting
General Compliance, 40 CFR Part 33, Subpart E - Reporting Condition
MBE/ÏVBE reporting is required annually. Reporting is required for assistance agreements where there
are funds budgeted for procuríng construction, equipment, services and supplies, including funds
budgeted for direct procurernent 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 Çr.aj:rtsReqion9@epa.qov a justification and budgel 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 "MBEAffBE Utilization under Federal Granls, Cooperative
agreements" report (EPA Form 5700-524) on an annual basis. All procurement actions that are
reportable, not just that portion which exceeds 9150,000,
When completing the annualreport, recipients are instructed to check the box titled "annual:" in section 1B
of the form, For the final report, recipients musl check the box indicated for the "last report" of the project
in section 1B of the form. Annual reports are du9 by October 30rh of each year. Final reports are due by
October 30'n or g0 days after the end of the project period, whichever cornes first,The reporting requirement is based on total procurements. Recipients with expended and/or budgetedfunds for procurement are required to report annually whether the planned procurernents take placeduring the reporting period or not. lf no budgeted procurements take place during the reporting period, therecipient should check the box in section 5B when completing the form.MBE^ruBE reports should be sent to GrantsReqiong@eoa.sov . The current EPA Form 5701-52Acan befound at the EPA Office of Small Business Program's Home Page ath ttp://wv¡w. epa. sovlo s bp/dbe reportinç. htm .This provision represents an approved deviation from the MBE ^/BE reporting requirements as describedin 40 CFR Part 33, Section 33.502; however, the other requirements outlined in 40 CFR Part 33 remain ineffect, including the Good Faith Effort requirements as described in 40 CFR Part 33, Subpart C, and FairShare Objectives negotiation as described in 40 CFR Part 33, Subpart D.F. lndirect GostsThe Cost Principles under 2 CFR Part 200, Subpart E apply to this award. Since there are no indirectcosts included in the assistance budget, they are not allowable under this Assistance Agreement.Refer to Attachment A for applicable programmatic conditions-END OF DOCUMENT
1
ATTACT{MEI\T A
Assessment Terms and Conditions
These Terms and Conditions apply to U.S, Environmental Protection Agency Brownfields
Assessment Grants awarded undel CERCLA $ 104(10
Citv of Lodí C,4
BF-99T30201-0
I. GENERAL FEDERAL REQUIREMENTS
NOTE: For the purposes of these Terms and Conditions the term 'rassessmeut" includesu
eligible activities under the Comprehensive Environmental Response, Compensatiou, and
Liability Act (CERCLA) $ 104(kX2XA)(i) such as activities involving the inventory,
characterization, assessment, and planning relating to brownfield sites as described in the
EPA approved work plan.
A. Federal Policy and Guidance
^. Coop_erative Ae,reement Recipients: By awalcling this cooperative agreement, EPA has
apploved the proposal for the Cooperative Agreement Recipient (CAR) submitted in
the Fiscal Year 20i5 competition fot'Brownftelds assessment cooperative agreements,
b, In implementing this agreement, the CAR shall ensure that wolk done with coopelative
agreetnent funds complies with the requilements of the Comprehensive Environmental
Response, Compensation, and Liability Act (CERCLA) $ 104(k). The CAR shall also
ensure that assessment activities supported with cooperative agleement funding cornply
with all applicable Federal and State laws and regulations.
c, The recipient must comply with Federal cross-cutting:equirements. These
lequirements 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 Preset'vation Act; Endangered Species Act; and
Permits requiled by Section 404 of the Clean Water A;t; Executive Ordel 11246, Equal
Employment Oppoftunity, and irnplernenting regulatic'ns at 41 CFR 60-4; Contract
WorkHours and Safety Standards Act, as amended (4rl USC 5327-333) the Anti
Kickback Act (40 USC $ 276c) anð Section 504 of the Rehabilitation Act of 1973 as
implemented by Executive Olders 11914 and 11250,
d. The CAR must comply with Davis-Bacotr Act plevailing wage requirements and
associated U.S, Department of Labor (DOL) regulatiors fol all construction, alteration
and repair contracts and subcontracts awarded with funds pr:ovided under this
agreement. Activities conducted under assessment grants generally do not involve
oonstruction, alteration and repair within the meaning of the Davis-Bacon Act. The
recipient must contact EPA's Project Offrcer if there are unique circumstances (e.g.
removal of an undelground storage tank or another stl'ucture and restoration of the site)
which indicate that the Davis-Bacon Act applies to an activity the CAR intends to caruy
1Assessment T&C 5/20/05
2
out with funds plovided under this agreernent. The Agency will pLovide guidance on
Davis-Bacon Act eompliance if neoessar.y,
B. Eligible Brownfields Site Determinations
a. The CAR must pt'ovide infounation to EPA about site-specific work prior to incuruing
any costs under this coopelative agreement for sites that have uot already bee¡ pre-
approved in the CAR's work plan by the EPA. The infomtatiori that must be piovirled
includes whethel ot'not the site meets tlie definitioir of a brownfield site as defined in $
1 01(3 9) of CERCLA, whether tlie CAR is the potentially lesponsible par"ty under CERCLA
107 and/or has defenses to liability.
tr. If the site is excluded fi'om the general definition of a brownfield, but is eligible
for a ploperty-specific funding determination, then the cAR may request a
property-specific funding detelmination, In their request, the CAR must provide
information sufficient for EPA to make a pr.operty-specifrc funding
determination on how financial assistance will plotect human healtli and tire
environment, and either promote econolnic developrnent or enable the cleation
of, preselvation of, or addition to palks, green\/ays, undeveloped property, other.
recteational ploperty, or othel ploperty used fol nonprofit purposes. The CAR
must not incuL costs fot' assessing sites requiring a property-specific funding
determination by EPA until the EPA Ploject Officer hás advised the CAR that
the Agency has determined that the property is eligible,
a. For any pelloieurn cqlr.rtaminated blownfielcl site that is not included in the CAR's
EPA approved work plan, the CAR shall provide sufficient documentátion to the EpA
prior to incurring costs under this cooperative agreernent which includes (refer to the
latest version of EPA's Proposal Gu.idelin.es for Brotunfields Assessment Grat¡ts daled
October 2A14 for discussion of this elernent) documentin gthat:
(1) a State has dctermined that the petroleurn site is of l'elatively low r.isk,
as compal'ed to other petroleurn-only sites in the State,
(2) the State determines there is o'no viabie lesponsible party" for the site;
(3) the State determines that the person assessing or investigati¡g the site
is a person who is not potentially 1iable for cleaning up the sile; and
(4) the site is not subject to any order issued under section 9003(h) of tlie Solid
Waste Disposal Act,
This documentation must be plepared by the CAR ol the State following contaci and
discussion with the appropriate petr,oleurn program official,
b. Documentation must include (l) the identity of the state program official
contacted, (2) the State official's telephone number, (3) tire date of the contact,
and (4) a sumnial'y of the discussion relating to the state's detemination that the
site is of relatively low risk, thai there is no viable responsibie party and tliat the
persoll assessittg or investigating the site is not potentially liable for cleaning up
the site. Other documentation provided by a State to the r.ecipient relevant tã ^
any of the determinations by the State must also be provided to the EPA projeot
Officer.
c. If the State chooses not to make the determinatiorrs desclibe d in 2,a. above, the
cAR must contact the EPA Project officer arrd provide the infolmalion
IAssessmerrt T &C 512Ð l0s
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necessat'y for EPA to make the requisite determinations.
d, EPA will make all detelminations on the eligibitity of petloleum-contaminated
brownfields sites located on tribal lands (i.e., resersation lands or lands otirelwise in
Indian country, as defìned at 18 U.S,C. 1151). Befrtle incurring costs forthese sites, the
CAR must contact the EPA Project Officer and plovide the information necessary for
EPA to make the determinations described in 2.a, above,
IT. GENERAL COOPERATIVE AGREEMENT
AD MINISTRATIVE RE QUIREMEI'.{TS
A. Term of the Agreement
The term of this agreement is three years fi'om the date of awald, unless otherwise extendecl
by EPA at the CAR's request.
If after 18 months fi'om the date of awatd, EPA deterrnines that the CAR has not made
suffrcient progl'ess in irnplementing its cooperative agreement, the recipient must
irnplement a corrective action plan approved by the EPA PLoject Officer, or EPA may
terminate this agleement for material non-compliance with its terms. Fol purposes of
assessment gl'ants, the recipient demonstrates "sufficisnt progress" when 35% of funds
have been drawn down and obligated to eligible activiries; for assessment coalition grants
"sufftcient progLess" is demonstrated when a solicitation for services has been released,
sites ale pr,ioritized or all inventory has been iniiiated if necessary, community involvement
activities have been initiated and a Memorandum of Agleement (fol Assessment
Coalitions) is in place.
Assessment funding fot'an eligible brownfield site may not exceed $200,000 unless a
waiver has been granted by EPA, Following the glanting of a waiver, funding is not to
exceed $350,000 at the site,
B. Substantíal Involvement
The EPA may be substantially involved in overseeing and monitoring this cooperative
agÍeement,
a. Substantial involvement by EPA generally ineludes administrative activities
such as monitoring, reviewing project phases, and approving substantive terms
included in professional selvices contl'acts.
b. Substantial EPA involvement also includes brownields propelty-specific
ñrnding determinations described in I.B, undel Eligible BrownJìelds Site. Determínations above. If the CAR awards a subarvard for site assessment, the
CAR must obtain technical assistance from BPA on which sites qualifu as a
brownfield site and determine whether the statutory prohibition found in section
104(kX4XBXÐ0V) of CERCLA applies. This plohibition precludes the
subrecipient from using EPA funds to assess a site fçr'which the subrecipient is
potentially liable under $ 107 of CERCLA. (See Section II,C,3 for more
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-'!Assessment T&C 5/20/05
information on subawards.)
c, substantial EPA involvement may include leviewing frnancial and
enviLonmental status repofts; and monitoring allreporting, r'ecord-keeping, and
othel ploglam requirements.
d, EPA may waive any of the provisions in term and condition II.B,1. with the
exception of plopelt5r-specific funcling determitations. EPA will provitle
waivers in writirrg.
2. Effect of EPA's substantial involvement includes:
a, EPA's leview of any project phase, document, oi'cost incured under this
coopelative agreement, will not have any effeot upon CERCLA g lzï Eligible
Response ^lire detelminations ol rights, authorities, and actions under CERCLA
0r atly Fedelal statute.
b. The CAR lemains responsible fol ensuring that all assessments are protective of
human health and the envit'onment and comply with all applicable Federal and
State laws,
c. Tlie CAR and its sublecipients remain responsible for incurring costs that ale
allowable under 2 CFR Paú200 Subpart E.
C. Cooperative Agreement Recipient Roles and Responsibilities
The CAR must acquile the services of a qualifred environmental plofessional(s) to
coordinafe, dit'ect, and oveLsee the brownfielcls assessment activities at a particular site, if
they do not have such a pr.ofessional on staff,
The CAR is responsible fol ensuting that contractors and subrecipients comply with the
terms of their agreements with the CAR, and that agreements between the CAR and
subrecipients aud conttactoLs comply with the teuns and conditions of this agreement.
Subawarcls are defined at 2 CFR 2a0.92. The CAR rnay not subaward to for.-profît
otganizations' The CAR rnust obtain commercial services and products neceisary to cauy
out tliis agreement under competitive procurelnent plocedures as describ ed in 2 CFR part
200,317 tluough 200.326. In addition, EpA policy erlcourages awar,ding subawards
competitively and the CAR must considel awarding subawards through competition,
Tlie CAR is i'esponsible fol assuring that EPA's Brownfields Assessment Grant furrding
t'eceived under this grant, or in combination with any other previously awarded
Brownfields Assesstnent grant does not exceed the $200,000 assessment glant funding
limitation fol au individual brownfreld site. Waiver of this funding limit for a brownfields
site must be apploved by EPA priol to the expenditure of funding exceeding $200,000. Irr
no caso may EPA funding exceed $350,000 on a site rooeiving a waivor,
CARs expending funding fi'om a community-wide assessment grant on a palticular site
must include such flrnding amount in any total funding expended on the site,
,]
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6.Competency of Organizations Generating Environmerital Measurement Data: In
accordance with Agency Policy Directive Nurnber FEItt-2012-02, Policy to Asslre the
Cornpetef.cJ of Organizgtions Ceneralinq EnvirogmentalMeasureEgnt Data undel.
Asenc),-Funded Assistance Agreemetrts, the CAR agle es, by entering into this agreement,
that it has demonstlated' cornpetency plior to award, ol alternatively, wher.e a pre-awar.d
demonstration of competency is not practicable, the CAR agrees to demonstrate
competency plior to carrying out any activities under the award involving the generation or
use of environmental data, The CAR shall maintain competency fol the duration of the
project periocl of this agreement and this will be documented during the annual reporting
process. A copy of the Policy is available online at http://www.e.pa.sr¡v/fsm/lali_corïp.htilr
or a copy may also be requested by contacting the EPA ploject offrcer for this award.
D. Quarterly Progress Reports
1, In accordance with EPÄ regulations 2 CFR Parts 200 and 1500 (specifrcally, 200.328
monitoring and reportirlg prog"an'r perþrrnance),the CAR agreei to submit qualterly
progress repoús to the FPA Project Off,icer within thirty days afïer each reporling poriod.
These reports shall covçr work status, wolk progress, cifficulties encountered, preliminary
data results and a statement of activ ity anticipaled during the subsequent reporting perioci,
including a description of equipment, techniques, and materials to be used or evaluated, A
discussion of expenditures and finat:cial slatus for each r,vorkplan task, along with a
com¡rarison of the percentage of the project cornpleted to the project schedule anci an
explanation of signifrcant discrepancies shall be included in the report. The report shall also
include any changes of key personnel concerned with the project,
Quartelly progress repQrts must clearly differentiate wnich activities were completed with
EPA funds provided under the BF Assessment glant, vel'sus any other funding source used
to heþ accomplish grant activities.
In addition, the repolt shall include brief information on each of the following areas: 1) a
comparison of actual aocomplishments to the anticipated outputs/outcomes specified in the
cooperative agreetnent work plan; 2) reasons why anticipated outputs/outcomes were not
met; and 3) other perlir¡ent infomation, including, when appr.opriate, analysis and
explanation of cost oven'uns or high unit costs, The CAR agrees that it will notifu EPA of
problems, delays, or adverse conditions which materially impail the ability to meet the
outputs/outcomes speci,fred in the coopet'ative agreement work plan. See the quarte¡ly
report outline included in the Wolk Plan.
The CAR must submit plogress repofts on a quafierly basis to the EPA Ploject Off,rcer
Quarterly progress reports must include:
a, Summary and status of approved activities pelformèd during the reporting quafter,
summary of the performance outputsloutcomes achieved during the reporting quarter, a
descliption of problems encountered ol difficulties during the reporting quartel that
may affect the ploject schedule and a discussion oirneeting the performance
outputs/outcolnes,
b. An update on project schedules and milestones; including an explanation of any
discrepancies fì'om :the approved worþlan.
c. A list of the properties where assessment activities were performed arid/ol completed
during the reporting quarter.
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5Assessment T&C 5/20105
I
d. A budget recap summary table witli the following information: current apploved pLoject
budget; costs incuued duling the lepofting quarter'; costs inculred to date (cumulative
expenditut'es); and total remaining funds. The CAR should include an explanation of
any disclepancies in the budget fr.om the approved workplan.
3. The CAR lnust maintain records that will enable it to report to EPA on the amount of funds
expended on specific properties under this cooperative agreement.
4. In accordance witli 2 CFR 2AA328 (d) (1), tlie CAR agrees to inform EPA as soo1l as
problems, delays, or adverse conditions become known which will matelially irnpait the
abiiity to meet the outputs/outcomes specified in the approved wor.kplau,
a
E. Property Profile Submission
Tlie CAR must report on interim progress (i,e,, assessment started) and any fiiral
accomplisltlnelìts (i.e., assessmeut completed, cleanup requiled, contaminants, Institution
Contlols, Engineering Contlols) by completing and subrnitting relevant poftions of the
Propeúy Profrle Form using the Brownfrelds Plogram on-line reporting systern, known as
Assessment, Cleanup and Redeveloprnent Exchange System (ACRES) The CAR nust
enter the dataLnACRES as soon as the interim a.ction or final accomplishrnent has
occuffed, or within 30 days aftel' the end of each repol'ting quafter, EPA will provide tlie
CAR with training plior to obtaining access to ACRES. The traiiring is required to obtain
,access to ACRES, The CAR rnust utilize the ACRES system unless approval is obtained
fi'om the regional Ploject OfÍìcer to utilize and subrnit the PLoperty Profile Form instead.
F. Community Outreach
The cooperative agreement recipient agrees to clearly reference EPA investments in the project
during all phases of community outreacli outlined in the EPA-apploved work plan, which may
include the development of any post-pt'oject surnmary ot' suççess materials that highlight
achievements to which this project contributed. Specifrcally:
Public o{.Meclia EveÍts
The Recipient agrees to notif'the EPA Project OfÍicer listed in this award document of
public ol'media events publicizing the accomplishment of signifïcant events related to
construction projects as a result of this agreement, and provide the opportunity fol
attendance ancl participation by federal representatives with at least ten (10) working days
notice,
Lim ilecl Engl ish l?rof iciencv Comrn uníties
To increase public awateness of plojects serving communities where English is not the
pledominant language, t'ecilrietrts are erlcouïaged to include in theil outreach strategies
commuuication in non-English languages. Translation costs for this purpose are allowable,
provided tlie costs are reasonable.
G. Final Technical Cooperative Agreement Report with Environmental Results
in accot'dance with EPA Legulations 2 CFR Parts 200 and 1500 (specifi cally,200.328
nton.itori.ng and reportin.g progra.m. petþrw.ønce),fhe CAR aglees to subrnit to the EPA
Project Officer within 90 days after the expiration or termination of the approved project
2
6Assessnreut T &C 5/2O/OS
period a final technical repott on the cooperative agreement and at least one reproducible
copy suitable fol pLinting. The final technical report sliall document pl.oject aciivities over.
the entire project peliod and shall include brief infolmation on each of tlie following areas:
1) a comparison of actual accomplishments with the anticipated outputs/outcomes specified
in tlre assistance agreement work plan;2) reasons wliy anticipated outputs/outcomes were
not met; and 3) other pertinent infonnation, including, when appropriate, analysis and
explanation of cost overruns or high unit costs. The CAR agrces that it will notify EPA of
problems, delays, or adveLse conditions which materially impair: the ability to meet the
outputs/outcomes specified in the cooperative agreemen-" wolkplan.
III. F'INANCIAL 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 plarining
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 whetliel assessment activities at a particular site are authorized by
CERCLA $ 10a(k);
b. Ensuling that an assesstnent complies with applicable requilements undçr Fedoral and
State laws, as lequiled by CERCLA g lOa(k);
c. Using a portion of the grant to purchase environmental insurance fol the
characleúzalion ol assessment of the site. Funds may not be used to purchase
insurance intended to provide coverage for any of the Ineligibte Uses under
Section III.B.
d, 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 IIL B, 2; anJ carrying out community
involvement pertaining to the assessment activities,
B, tneligible Uses of the Funds for the Cooperative Agreement Recipient
1 Coopelative agleement funds shall ngt be used by the CAR for any of the following
activities:
a. Cleanup activities;
b. Development activities that are not brownfields assessment activities (e.9,, constluction
ofa new facility);
c. Job training unt'elated to perfolrning a specifrc assessment at a site coveled by the
grant;
1Assessnreut T &C 5120 105
2
C. To pay for a peralty ol fine;
e.To pay a fedelal cost share tequirement (for example, a cost-share required by another.
Federal grant) unless there is specific statutory authority;
f. To pay for a response cost at a brownfields site fol which the recipient of tlie grallt or
subaward is potentiaily liable under CERCLA g 10?;
g. To pay a cost of cornplíance with any fedelal law, excluding the cost of compliance
with laws applicable to the assessment; and
h. unallowable costs (e,g., lobbying and fund raising) under 2 cFR Pattzzl for
state, local and tribal govei'nments, as applicable.
Under CERCLA $ 104(k) (4) (B), administrative costs are plohibited costs undel this
agreement, Prohibited administrative costs include all irldilect oo$ts under 2 CFR Part 225
fol state, lscal and tribal governments, as applicable,
a. Ineligible administrative costs include costs incurred in the form of salaries,
benefits, contractual costs, supplies, and dataprocessing charges, incurred to
cornply witli tnost provisions of il'rc Un.ifurm Adntinistratíve Requ.irenten.ts, Cost
Principles and Au.dit requ,irements ,þr Federal Awards at 2 CFF.}}a and 2 CFR
1500. Direct costs for grant administration, with the exception of costs
specifically identified as eligible programmatic costs, are ineligible even if the
gt'ant tecipient is requiled to cany out the activity under the grant agreement.
b. Ineligible glant administration costs include direcl costs for:
(1) Preparation of applications for brownfields grants;
(2) Recold retention requir.ed undet.2 CFR 1500.6;
(3) Recold-keeping associated with equipment purchases required under z cFR
200.3t3;
(4) Preparing revisions and changes in the budgets, scopes of work, ptogram plans a¡d
othel activities lequired under 2 CFR 200.308;
(5) Maintaining and opelating finanoial management systems required under 2 CFR
740302;
(6) PrepaLing payment requests and handling pâyments under 2 cFR 200.305;
(7) Non-fecleral audits required under 2 CFR 200 Subpar"t F; and
(8) Close out under 2 CFR 200,343.
Cooperative agreement funds may not be used for any of the following properties:aJ
IAssessnrent T&C 5/20/05
I
a, Facilities listed, ot'proposed for listing, on the National Priorities List (lrtPl);
b. Facilities subject to unilateral administrative orders, court orders, and administrative
orders on consent orjudicial consent decl'ee issued to or entered by parties under
CERCLA;
ç. Facilities that arc subject to the jurisdiction, custody or control of the United States
govetnment except for land held in trust by the United Statcs 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-sp ecific 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 telms and
conditions of this âgreement. Plogram income fol the assessment CAR shall be defined as
the gross income received by the recipieut, directly generated by the coopelative agreement
award or earnecl during the period of the award, Program incorne 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,
The CAR must deposit advances of grant funds and program inoome (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(bXTXii) 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 ptogram income (including interes-' earned on program
inoome) before requesting additional payments from EPA as required by 2 CFR
1s00,8.
IV. ASSESSMENT ENVIRONMENTAL REQUIREMENTS
A. Authorized Assessment Activities
Prior to conducting ol engaging in any on-site activity with the potential to impact
historic properlies (such as invasive sampling), the CAR shall consult with EPA regarding
potential applicability of the National Historic Preservation Ac1 and, if applicable, shall
assist EPA in complying with any requirements of the Act and implementing regulations,
B. Quality Assurance (QA) Requirements
'When envilonmental samples ate collected as part of the browr:fields assessment, the
CAR shall comply with 40 CFR Paú 31.45 requirements to develop and implernent
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9Assessment T&C 5/20/05
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quality assurallce practices sufficient to produce data adequate to meet ptoject objectives
and to minirnize data loss. State law nay impose additional QA requilernents.
In addition, the recipient must cornply with the foliowing QA requilements:
&, This grant ilrcludes tlte perforrnance of environmental measurements, therefore, a
QA Plart, a Sarnpling and Analysis Plan, ol otlier comparable document covering
QA activities, must be prepared before any sampling or cleanup activities at the
sìte may begin. An example of a comparable document is a Sampling Plan
approved by the state oversight authority. If the document subrnitted does not
meet EPA's basic information requilements, an addendum or supplemental
Sampling and Analysis Plan may be lequired before sampling work may begin.
The recipient should consult with the Region 9 Quality Assurance Office at415-
972-3411 to determine if a QA docurnent is requiled. The Quality Assurance
Manager will determine what type of QA documentation would be most
applopriate and what QA guidance should be followed if a document is requiled,
The QA Plan must be apploved by the EPA Project Offrcer, the Region 9 Quality
Assurance Manager, and the recipient's Quality Assurance Offrcer before
measuroment activities are undertaken, Typically, measurement activities must
be described by the type of rnedia (soil, water, aiL), by the phase of the project
(i.e.: sampling bacl<fill material, air monitoring duling rernoval work,
confirmation sampling), and by location.
b. Emergency measurelnents may be taken without a QA Plan being prepated if
tlie Region 9 Quality Assurance Manager agrees that the nature of the data
collection activity lequiled due lo the emergency warrants an exemption and the
recipient contacts the Quality Assurance Manager to obtain approval prior to
beginning the sampling work, contact tlie QA cffice at 415-912-34L1, In the
event an unforeseen site condition arises during the cleanup work, changes ol
deviations to the type of contaminant sampled, methodology, or sample spacing,
the lecipient must contact the Quality Assurance Manager to determine if the
Sampling and Analysis Plan must be amended befol'e new wolk is initiated. If
the change is such that a site haza;rd is created by a delay in the work, the
lecipient shall contact the Quality Assurance Manager to obtain approval prior to
folmally revisitig the document. Minor field deviations (i.e: slight location
charges) should be Doted in the final cleanup repoft, but do not lequire EpA
approval.
c. in general, a QAPP or sampling and Analysis plan will require approximately
two to foul weeks for the EPA Quality Assurance Managel to review and letuln
comments. Docuntents genelally t'equile one revision and re-submittal, The re-
submittal review time is fypically two weeks,
C. Completion of Assessment Activities
The CAR shall propelly documeut the completion of all activities desuibed in the EPA
approved work plan. This must be done through af:rrral report ol letter {ì'om a qualified
envfuonmentalplofessional, or othet'documentation provided by a State or Tribe that shows
assessments are complete.
1
Assessment T&C 5/20105 10
)
D. All Appropriate Inquiry
As required by CERCLA $ 104(kX2XBXiÐ and CERCLA $ 101(35)(8), the CAR shall
ensute that a Phase I site chai'acteúzatian and assessment carlied out undel this agreement
will be perfolmed in accordance with EPA's standard fol all appropliate inquilies. The
CAR shall utilize the practices in ASTM standald 81527-l3 "Standard Plactices for
Environmental Site Assessment: Phase I Environmental Site Assessment Process," or
EPA's All Appropliate lrrquilies Final Ruie "All Appropriate Inquiries Rule: Reporting
Requirements and Suggestious on Repofi Content", (Publi';ation Number: EPA 560-F-14-
003). This does not preclude the use of grant funds for additional site chalacterizatiori and
assessment activities that may be necessary to charactelize the envilonmelrtal impacts at
the site or to comply with applicable State standards,
All Appropriate Inquiries (AAI) final reports ploduced with funding fi'om this agreement
must comply with 40 C.F.R. Part 312 and must, at a rninimum, include the information
below. All AAI repo*s submitted to EPA Project Officels as deliverables under this
agreement must be accompanied by a completed "All Appropriate Inquiries Final Rule:
Reporting Requirements Checklist for Assessment Glant F'.ecipients" (Publication Number:
EPA 560-R-10-030) that EPA's Ploject Officel will plovide to the lecipient, The checklist
also is available to grantees on the EPA website at www,ena.qQvlbrowüliqlrls,
a. An opinion as to whether the inquiry has identified conditions indicative of releases or
threatened releases ofhazaldous substances, and as applicable, pollutants and
contaminants, petroleum 0I petr'oleum products, or cortrolled substances, on, at, in, or
to the subject ploper.ty.
b, An identification of "signiJì.cant" dtda gups (as defined in 40 C.F.R. 312.10), if any, in
the infolrnatiou collected for the inquiry. Signifrcant iata gaps include missing or
unaftainable information that affects the ability of the environmental professional to
identify conditions indicative of releases or threatenecl releases of hazaldous
substances, aud as applicable, pollutants and contaminants, petroleurn or petroleum
products, or çontlolled substances, on, at, in, or to the subject property, The
documentation of signiftcant data gaps must include infolmation regarding tlie
significance ofthese data gaps.
c. Quufficatúo¡zs and signalure of the environmental professional(s), The environmental
professional must place the following statements in the document and sign the
document;
"P, Wel declqre that, to the best of [tny, otu"J professional htowledge and belief, fi, u,e]
meet the defi.nition of Environntental Professi.onal as defned in $ 3 I 2. 1 0 of Íhis part. ' '
"il, Wel hqve the speeifi.c qualificatíons bqsed on education, traini.ng, and experi.ence to
,,s.se,e.Í a. propertlt of the nature, history, and setting of the subject properly, [1, We] have
developed. o.nd. perform.ed the all appropriate inquiries in confortnance with îhe standards
and practices set forth in 40 CFR P art 3 I 2 . ' '
Note: Please use either o'I" or "We,"
d, ln compliance with $3 12.31(b), the environmental professional must include in the final
report an opittiott regørding a.dditional appropriute ìnvestigalion, if the envilonmental
Assessment T&C 5/20/05 ll
J
professional has sucli an opinion.
EPA rnay review checklists and AAt ftnal repolts fol compliance with the AAI legulation
documeutatiou requitements at 40 CFR part 312 (or comparable lequilements fot those
using ASTM Standard 1527-13). Any deficiencies identifred during an EPA review of
these documents must be corrected by the recipient within 30 days of notification, Failule
to con'ect any identifiecl deficiencies may result in EPA disallowing the costs for tire entire
AAI lepolt as autholizedby 2 CFR 200.338 through 2 CFR 200.342, If a recipient
willfuliy fails to colrect the deficiencies the Agency may consider other available lemedies
uirdet 2 CFR 200,342.
V. CoNrlrcr oF TNTEREST: AppoaRaNcn oF LACK oF IMpARTrALrry
A. Conflict of Interest
The CAR shall establish and enfolce conflict of interest plovisions that prevent the award
of subawards that create real ol' apparent pelsonal conflicts of interest, ol the CAR's
appearallce of lack of impartiality. Such situations include, but are not limited to, situations
in which an etnployee, official, consultant, contraclor, ol othel'individual associated witir
the CAR (affected party) approvos or administers a grant or subawards to a subrecipient in
which tlre affected paity has afinancial or other interest. Such a conflict of intelest or
appearallce of lack of impartiality may alise when:
(i) The affected party,
(ii) Any member of his imrnediate family,
(iii) His or her partner, or
(iv) An olganization which employs, or is about to employ, any of the above,
has a financial ol other intelest in the subrecipient.
Affected ernployees will neithel solicit nor accept gratuities, favors, ol anything of
monetary value ft'om subrecipients, Recipients may set minimum rules where the fînancial
interest is not substantial or the gift is an unsolicited item of nominal intlinsic value. To
thc extent permitted by State or local law or regulations, such standards of conduct wili
provide for penalties, sanctions, ot otheL disciplinary actions for violations of such
standarcls by affected parties.
VI. PAYMENT AND CLOSEOUT
A. Payment Schedule
The CAR lnay rcquest payment fi'om EPA put'suant to 2 CFR 2AA305, We request the CAR
make requests for t'eimbursement on a quafferly basis, Utili ze the directions for subniitting a
payment lequest at ltllUllryuw?,çpê4ad{ItenËial/$ô¡$.
1
Assessmer¡t T &C 5/ZO /05 t2
B. Schedule for Closeout
Closeout will be conducted in accordance with Z CFR 200.343. EPA will close outthe
awat'd when it detennines that all applicable adrninistlative actions and all required work of
the grant have been cornpleted,
2 The CAR, within 90 days after the expiration ol terminati,¡n of the grant, must submit all
financial, perfomance, and othel repolts required as a condition of the glarrt.
a. The CAR must submit the following documentation:
(1) The Final Report as described in ILG, of the Assessment Terms and
Conditions.
(2) A Final Fsderal Finançial Repolt (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
LVFC-qrants€lepa.EtI
(3) A FinalMBE/ï/BE Report (EPA Form 5700-524). Submitted to the regional
Glants Management Off¡ce,
b, The CAR must ensute that all applopriate data lias been entered into ACRES or all
Property Profiie Forns are submitted to the Region,
c. The glantee must immediately t'efund to the Fedelal agency any balance of unobligated
(unencumbered) cash advanced that is not autholized to be letained for use on other
g'ants.
EXHIBlT B l:.ri:rir'(,íil,('I: i(, t ! !:-la -rr\ ì! úl¡.lrì ¡,,1'i:i i'.¿li,(.):i j,:ir: : l¡;)l(:¡ì¡Clìtir{l'l ÁìSi:l¿'lì(:(
Sc lr ed u le of R¿*tes
Iurltlernenlatiotrchar.gesfor.professional,techriical, andadministlativestaffwillbecalculatedandbilledpelthefollowiDg
schedule. Totlìe extent possible, wol'k willbeperfolrnedbylocal staff ancl./orstaflwith lowel billing levels and ovet'seen by
senior staff.
(;osl Ciìt(ìgoIV
Starrtec Labor
DetailetJ Descri¡:tion
Admin/Field Tech 6
Project Support, CAD Tech 7
Jr, Geologist, GIS Technician B
Unit Cost Urrit Basis Arrticipated Project lasks
GlS, Brownfield lnventories, Phase
I &ll ESAs, Report Editing
$101.00 per hour
$109.00 per hour
per hour
Figures for Report$, RePorl
Editing, Fieldwork
Phase l&ll ESAs; Clean-UP
Plan ning
Project Ad ministration, EPA
Repórt¡ng, Phase l&ll ESAs; Clean-
Up Planning
Phase l&ll ESAs; Clean-UP
Planning
$118.00
J r. En gin eerlG eologist 9 $127.00 per hour
Mid Eng/Geo 10 $137,00 per hour
lntermediate Eng/Geo 11 $148 00 per hour
per hour
Phase IIESA/PM SupPort
lnventory, ESAs, etc,Engineer 12 $161.00
$173.00Si Engineer/ 13 per hour {nventory, ESAs, etc,
As$ociate/sr, PM 14 $186,00 per hour
Pe- hour
Project Management, Site
Eligibility, OA/QC, CleanuP
Plan ning
Sr. PM 15 $196.00 Project Management, Site
Eligibility, AA/QC, Clean u P
Planning
Lelaird
Cortsulting
Gtoup Labor
Admin $80,00
$90.00
per hour
Real Estate StrategY/
Redevelopment Plannin g
Redevelop ment Planning/
Commurrily Outreach
Analyst
Associate
per hour
$140,00 per hour
Principal $150.00
$175,00
pe"hour
pe'hourManaging PrinciPal
Michael Baket
lnternational
Labor
ßÂ5 0r}per hour
per hours.tfìo oo
,Arêh nêvÊlñnment s,lnn on per hour
Àrclc{a¡ri Þ1p n nar $85 nO per hour
per hourAeqncielc Planncl _110!.00_
c4rn nn per lrour
q1Ân nr]per hour
$1R6 nn per hour
R;:lc ì?rlltc F-i
EXHIBIT B i-j:¡i;l!f,(ìil:i(¡!)r hìr l¡ S l:l/, Ér(r!jr: !',r;'il /!,Fl!l;ca,l(irì;if,ri rt ìl:tr. r쀡il¿ìt¡Ù¡ li!1¡!l:t¡ice
$cireC ule af Ræ't:es (cr:ntiirueeJ )
l-l¡tit Basis
per day
Cost Oatel¡ory Detailed Descr iption
PID (mi nl-Ra e 30 00,I t,7 eV
Oil/Water lnterface Probe
Llnit Cost At'rlic! t: alr:cl F'rojecl Tashs
Equipment Used in Phase ll ESAs
Fìeld
Eqrri¡:nrent
$1 10.00
$60.00
$160,00
per day
per dayField Vehicle
Miscellaneous Field Su pplies (Safety,
Traffic Control
$60.00
$25.00
per day (est)
Groundwater Sampling Su per day (est)
YSI pH-Cond-temp meter $30,00 per day
Wellsampling pump $110.00 per day (esi)
Field filters for undwater samples $15.00 each
Dis posable þ all rs for s ro u n d wate r
sam pl tn
$ 10.00 each
Reinrbursabie
Ex¡re rrses
Personal vehícle mileage (Federal
Rale)
$0,565 (or
prevailing
IRS rate)
pe.r mile Travel to Meetin gs,/Sites
Fleld Vehicle $160.00 per day Fieldwork
Digilal historic fire insurance ma ps
Radius Map Report (Environmental
Data Resources)
$2,000.00 estimated GIS/Site lnventory
$120,00 each Phase I ESAs
Phase I ESAsSupplemental Envi
Resources reportin
ronmental Data $205,00 each
eachMisc. fíeld supplies d)$50.00 Phase ll ESAs
Phase ll ESAs
Phase l&ll ESAs
Utility Locate
Health and safety equiprnent and
sup plies
$600,00 per day (est)
$25,00 per day (est)
Photocopies $0,10 per page
(est)
Various Project Dellverables
FedEx and Postage $35 00 per re
çopy
port
(est)
Various Project Deliverables
SlarrtecLiilling rales in clfect tl<t'?016.lì,ate.s aub.iecl to annr¡al increase. Equiprnerrtownccl byıtantecwill bechargedrl fhc rales pÍovicie<i inthis fable. Equi¡rnrenllerrtalsr¡,illbeclrarged atcost+109/olnarkup, Eg.ripmentandI'eirrrli¡r¡rsableexl)enses (nat listccl in the abtrve rabie) wíll t:e cbalged at cost + 1o%otttatlçup. Allsubcontractor/subcousuJta¡rt fees will be charged at cost * 10olo rtratkup, stantec will plovide cost estirrates for other fees/expenses as
needed duling the coul'se ofthe ploject (in advance ofperfor.lning such selviccs),
Sla,ìlEc Co¡sulliltq Ser!icea ltìo
Rale lêÞre R,¡i
RESOLUTION NO. 2020-56
A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE
CITY MANAGER TO EXECUTE AMENDMENT NO. 3 TO THE PROFESSIONAL
SERVICES AGREEMENT WITH STANTEC CONSULTING SERVICES, INC.,
OF RANCHO CORDOVA, TO EXTEND TERM FOR ADDITIONAL PROJECT
MANAGEMENT SERVICES AND INCREASE CONTRACT AMOUNT
WHEREAS, the FY 15 Brownfields Assessment Grant between the City of Lodi and
US Environmental Protection Agency has been extended to June 30, 2020; and
WHEREAS, Stantec Consulting Services has served as the City of Lodi's project
manager since FY 15; and
WHEREAS, in early 2020, a new environmental assessment project was identified to
facilitate in the redevelopment of the former Sunset Theater and Alexander's Bakery properties;
and
WHEREAS, additional funds were made available by not charging internal staff time to
the grant; and
WHEREAS, sufficient funds exist in the FY 2020 operating budget to fund an
environmental assessment of the former Sunset Theater and Alexander's Bakery properties
and allow for grant close-out reporting.
NOW, THEREFORE, BE lT RESOLVED that the Lodi City Council does hereby
authorize the City Manager to execute Amendment No. 3 to the original Professional Services
Agreement and Amendments thereto, with Stantec Consulting Services, to extend the term,
provide additional project management services for an environmental assessment of the former
Sunset Theater and Alexander's Bakery properties, and close-out grant reporting, and increase
the contract by $7,499.71.
3:::1==Ii:LltJ='=t=1t=====================================================
I hereby certify that Resolution No. 2020-56 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held March 18, 2020 by the following votes:
AYES: COUNCIL MEMBERS - Chandler, Mounce, Nakanishi, and Mayor Kuehne
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
ABSTAIN: COUNCIL MEMBERS - None
PAMELA M. FARRIS
Assistant City Clerk
2020-56