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HomeMy WebLinkAboutAgenda Report - October 21, 2020 C-14AGENDA ITEM bt4 Crrv or Loor C outucrr Co vrirrull cATIoN AGENDA TITLE: MEETING DATE: PREPARED BY: Adopt Resolution Authorizing the City Manager to Execute a Professional Services Agreement with Stantec Consulting Services, lnc., of Rancho Cordova to Provide Brownfields Environmental Assessment and Grant lmplementation Services for the Grant Period October 1,2020 through December 30,2023 ($300,000) October 21, 2020 Business Development Manager RECOMMENDED ACTION Adopt resolution authorizing the City Manager to execute a Professional Services Agreement with Stantec Consulting Services, lnc., of Rancho Cordova to provide Brownfields Environmental Assessment and grant implementation services for the grant period October 1, 2020 through December 30. 2023 ($300,000). BACKGROUND INFORMATION: The City of Lodi applied for its second Brownfields Community-Wide Assessment Grant in late 2019. lt received notification of a successful grant application in April of 2020. This grant will continue the brownfields program which began in 2015, which resulted in the compilation of an inventory of 51 brownfields into a database and the Phase I and Phase ll environmental assessments of 14 properties located within the city limits. On October7,2020, the City Council accepted the U. S. EPA Cooperative Agreementwhich reserved $300,000 of federal brownfields assessment grant funds for the grant period beginning October 1,2020 and ending December 30,2023. Staff recommends utilizing Stantec Consulting Services, lnc. (Stantec) to serve as the environmental consultant and provider of grant implementation services. Stantec served in this role for implementation of the City's FY 2015 community-wide assessment grant. Work performed by Stantec was of high quality and included similar tasks and activities which will be required in the completion of the FY 20 grant. The U. S. EPA Project Manager has affirmed the City is in compliance with a qualifications based procurement. The original Professional Services Agreement with Stantec was procured in compliance with 2 CFR Parts 200 and 1500,40 CFR and Lodi Municipal Code Section 3.20.075. ln addition, on November 5,2019, at a regularly scheduled City Council meeting, the City Council adopted Resolution No. 2019-274 approving Amendment No. 2 to the Professional Services Agreement with Stantec to authorize Stantec to assist the City in its application for the current grant at no additional charge. ln the resolution, staff indicated it would seek City Council approval to authorize a new Professional Services Agreement with Stantec in the event the grant application was awarded. n APPROVED: , City Manager sisnature: K4 7Vø,øo røtbk r - BATrupovnie.ks(Oct13,202015:11PDT) Adopt Resolution to Authorize the City Manager to Execute a Professional Services Agreement with Stantec Consulting Services, lnc., of Rancho Cordova in the Amount of $300,000 to Provide Brownfields Environmental Assessment and Grant lmplementation Services forthe Grant Period October 1,2020 through December 30,2023 October 21,2020 Page Two Among the first grant implementation activities will be the formation of a Brownfields Advisory Committee that will serve as advisor and information conduit to other stakeholders. This will be followed by an update to the brownfields inventory of properties. The grant funds additional Phase I and Phase ll assessments, regulated building material surveys, quality assurance project plan and sampling and analysis plans. Staff anticipates adding brownfields assessment sites in the City's opportunity zone to the brownfields inventory. FISCAL IMPACT:This grant is a 100 percent federalfunded grant in the amount of $300,000. Funds will be drawn down from the U. S. EPA upon approval of invoices for work completed. FUNDING AVAILABLE: The grant expenditure account is 27083000.72450 And rew Keys Andrew Keys Deputy City Manager/lnternal Services Director BA Tru povn ieks Emai[: atrupovnieks@lodi.gov Astrida Trupovnieks Business Development Manager signature: Añ^^, Tr"bt Email: akeys@lodi.gov AGREEMENT FOR PROFESSIONAL SERVICES ARTICLE 1 PARTIES AND PURPOSE Section 1.1 Parties THIS AGREEMENT is entered into on 2020, by and between the CITY OF LODI, a municipal corporation (hereinafter "C|TY"), and STANTEC CONSULTING SERVICES lNC., a New York corporation qualified to do business in Cal ifornia (hereinafter'CO NTRACTOR"). Section 1.2 Purpose CITY selected the CONTRACTOR to provide the services required in accordance with attached Scope of Services, Exhibit A, attached and incorporated by this reference. CITY wishes to enter into an agreement with CONTRACTOR for the brownfields assessment environmental and 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 Scope of Services CONTRACTOR, for the benefit and at the direction of CITY, shall perform the Scope of Services as set forth in Exhibit A. Section 2.2 Time For Gommencement and Completion of Work CONTRACTOR shall commence work pursuant to this Agreement, upon receipt of a written notice to proceed from CITY or on the date set forth in Section 2.6, whichever occurs first, and shall perform all services diligently and complete work under this Agreement based on a mutually agreed upon timeline or as otherwise designated in the Scope of Services. CONTRACïOR shall submit to CITY such reports, diagrams, drawings and other work products as may be designated in the Scope of Services. CONTRACTOR shall not be responsible for delays caused by the failure of CITY staff to provide required data or review documents within the appropriate time frames. The review time by CITY and any other agencies involved in the project shall not be t counted against CONTRACTOR's contract performance period. Also, any delays due to weather, vandalism, acts of God, etc., shall not be counted. CONTRACTOR shall remain in contact with reviewing agencies and make all efforts to review and return all comments. Section 2.3 Meetinqs CONTRACTOR shall attend meetings as may be set forth 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 staff as identified in its proposal to CITY. The Scope of Services shall be performed by CONTRACTOR, unless agreed to otherwise by CITY in writing. CITY shall be notified by CONTRACTOR of any change of Project Manager and CITY is granted the right of approval.of all original, additional and replacement personnel at CITY's sole discretion and shall be notified by CONTRACTOR of any changes of CONTRACTOR's project staff prior to any change. CONTRACTOR represents it is prepared to and can perform all services within the Scope of Services (Exhibit A) and is prepared to and can perform all services specified therein. CONTRACTOR represents that it has, or will have at the time this Agreement is executed, all licenses, permits, qualifications, insurance and approvals of whatsoever nature are legally required for CONTRACTOR to practice its profession, and that CONTRACTOR shall, at its own cost and expense, keep in effect during the life of this Agreement all such licenses, permits, qualifications, insurance and approvals, and shall indemnify, defend 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 Subcontracts Unless prior written approval of CITY is obtained, CONTRACTOR shall not enter into any subcontract with any other party for purposes of providing any work or services covered by this Agreement. Section 2.6 Term ïhe term of this Agreement commences on November 1,2020 and terminates upon the completion of the Scope of Services or on December 30, 2023, whichever occurs first. 2 ARTICLE 3 COMPENSATION Section3.l Compensation CONTRACTOR's compensation for all work under this Agreement shall conform to the provisions of the Fee Proposal, attached hereto as Exhibit B and incorporated by this reference. CONTRACTOR shall not undertake any work beyond the scope of this Agreement unless such additionalwork is approved in advance and in writing by CITY. Section 3.2 Method Pavment 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 required for the performance of the Scope of Services. Payment of additional reimbursable costs considered to be over and above those inherent in the original Scope of Services shall be approved in advanced and in writing, by CITY. Section 3.4 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 this requirement. CONTRACTOR further agrees to maintain such records for a period of three (3) years after final payment under this Agreement. 3 ARTICLE 4 MISCELLANEOUS PROVIS¡ONS Section 4.1 Noncl ination 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 Responsibilitv for Damaqe CONTRACTOR to the fullest extent permitted by law, shall indemnify and hold harmless CITY, its elected and appointed officials, directors, officers, employees and volunteers from and against any claims, damages, losses, and expenses (including reasonable attorney's fees and costs), arising out of performance of the services to be performed under this Agreement, provided that any such claim, damage, loss, or expense is caused by the negligent acts, errors or omissions of CONTRACTOR, any subcontractor employed directly by CONTRACTOR, anyone directly or indirectly employed by any of them, or anyone for whose acts they may be liable, except those injuries or damages arising out of the active negligence, sole negligence, or sole willful misconduct of the City of Lodi, its elected and appointed officials, directors, officers, employees and volunteers. CITY may, at its election, conduct the defense or participate in the defense of any claim related in any way to this indemnification. lf CITY chooses at its own election to conduct its own defense, participate in its own defense, or obtain independent legal counsel in defense of any claim related to this indemnification, CONTRACTOR shall pay all of the costs related thereto, including without limitation reasonable attorney fees and costs. The defense and indemnification obligations required by this Agreement are undertaken in addition to, and shall not in any way be limited by the insurance obligations set forth herein. 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. 4 Section 4.5 Responsibilitv 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 lnsurance Requirements for CONTRACTOR CONTRACTOR shall take out and maintain during the life of this Agreement, insurance coverage as set forth in Exhibit C attached hereto and incorporated by this reference. Section 4.7 Successors and Assiqns CITY and CONTRACTOR each bind themselves, their partners, successors, assigns, and legal representatives to this Agreement without the written consent of the others. CONTRACTOR shall not assign or transfer any interest in this Agreement without the prior written consent of CITY. Consent to any such transfer shall be at the sole discretion of CITY. Section 4.8 Notices Any notice required to be given by the terms of this Agreement shall be in writing signed by an authorized representative of the sender and shall be deemed to have been given when the same is personally served or upon receipt by express or overnight delivery, postage prepaid, or three (3) days from the time of mailing if sent by first class or certified mail, postage prepaid, addressed to the respective parties as follows: To CITY: City of Lodi 221 West Pine Street P.O. Box 3006 Lodi, CA 95241-1910 Attn: Business Development Manager To CONTRACTOR: STANTEC CONSULTINc SERVICES 3875 Atherton Road Rocklin, CA 95765 Section 4.9 Coonerafi on of CITY CITY shall cooperate fully and in a timely manner in providing relevant information it has at its disposal relevant to the Scope of Services. Section 4.10 CONTRACTOR is N an Emplovee of CITY CONTRACTOR agrees that in undertaking the duties to be performed under this Agreement, it shall act as an independent contractor for and on behalf of CITY and not an employee of CITY. CITY shall not direct the work and means for accomplishment of 5 the services and work to be performed hereunder. CITY, however, retains the right to require that work performed by CONTRACTOR meet specific standards without regard to the manner and means of accomplishment thereof. Section 4.11 Termination CITY may terminate this Agreement, with or without cause, by giving CONTRACTOR at least ten (10) days written notice. Where phases are anticipated within the Scope of Services, at which an intermediate decision is required concerning whether to proceed further, CITY may terminate at the conclusion of any such phase. Upon termination, CONTRACTOR shall be entitled to payment as set forth in the attached Exhibit B to the extent that the work has been performed. Upon termination, CONTRACTOR shall immediately suspend all work on the Project and deliver any documents or work in progress to CITY. However, CITY shall assume no liability for costs, expenses or lost profits resulting from services not completed or for contracts entered into by CONTRACTOR with third parties in reliance upon this Agreement. Section 4.12 Confidentialitv CONTRACTOR agrees to maintain confidentiality of all work and work products produced under this Agreement, except to the extent otherwise required by law or permitted in writing by CITY. CITY agrees to maintain confidentiality of any documents owned by CONTRACTOR and clearly marked by CONTRACTOR as "Confidential" or "Proprietary", except to the extent othen¡¿ise required by law or permitted in writing by CONTRACTOR. CONTRACTOR acknowledges that CITY is subject to the California Public Records Act. Section 4.13 Applicable Law. Jurisdiction. Severabilitv, 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 part of this Agreement is found to conflict with applicable laws, such part shall be inoperative, null, and void insofar as it is in conflict with said laws, but the remainder of this Agreement shall be in force and effect. ln the 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. 6 Section 4.14 Gitv 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 Captions The captions of the sections and subsections of this Agreement are for convenience only and shall not be deemed to be relevant in resolving any question or interpretation or intent hereunder. Section 4.16 lnteqration and Modification This Agreement represents the entire understanding of CITY and CONTRACTOR as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Agreement may not be modified or altered except in writing, signed by both parties. Section 4.17 Contract Terms Prevail All exhibits and this Agreement are intended to be construed as a single document. Should any inconsistency occur between the specific terms of this Agreement and the attached exhibits, the terms of this Agreement shall prevail. Section 4.18 Severabilitv The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. Section 4.19 Ownership of Documents All documents, photographs, reports, analyses, audits, computer media, or other material documents or data, and working papers, whether or not in final form, which have been obtained or prepared under this Agreement, shall be deemed the property of CITY. Upon CITY's request, CONTRACTOR shall allow CITY to inspect all such documents during CONTRACTOR's regular business hours. Upon termination or completion of services under this Agreement, all information collected, work product and documents shall be delivered by CONTRACTOR to CITY within ten (10) calendar days. 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. 7 Section 4.20 Authoritv The undersigned hereby represent and warrant that they are authorized by the parties to execute this Agreement. Section 4.21 Federal Transit Fundinq Conditlons ¡ lf the box at left is checked, the Federal Transit Funding conditions attached as Exhibit D apply to this Agreement. ln the event of a conflict between the terms of this Agreement or any of its other exhibits, and the Federal Transit Funding Conditions, the Federal Transit Funding Conditions will control. Section 4.22 Federal Grant Contract Glauses Appendix ll of the Uniform Grant Guidance (UGG) and Appendix A to 40 CFR Part 33 specify that certain clauses must be included in consultant contracts for the implementation of U. S. EPA grant funded activities. The aforementioned contract clauses are incorporated into this Professional Services Agreement as Exhibit E. lN WITNESS WHEREOF, CITY and CONTRACTOR have executed this Agreement as of the date first above written. CITY OF LODI, a municipal corporation ATTEST: JENNIFER CUSMIR City Clerk APPROVED AS TO FORM: JANICE D. MAGDICH, City Attorney STEPHEN SCHWABAUER City Manager STANTEC CONSULTING SERVICES INC By: jdm Name Title: Attachments: Exhibit A - Scope of Services ExhibitB-FeeProposal Exhibit C - lnsurance Requirements Exhibit D - Federal Transit Funding Gonditions (if applicable) Exhibit E - Federal Grant Gontract Clauses Funding Source: 27083000.72450 (Business Unit & Account No.) Doc lD: CA:Rev.01.2015 D. lvlagd (Oct 7,2020 16:02 PDT) NEIL DORAN Senior Geologist, Environmental Services By: Signature: IEmail: jmagdich@todi.gov EXHIBIT A & B e Stantec Slonlec Consulting Services lnc. 3Bl5 Alherton Rood, Rocklin, CA 95765 October 1,2020 Astrido Trupovnieks Business Development Monoger City of Lodi 221 West Pine Street Lodi, Co lifornia, 9 5241 Proposol: USEPABrownfieldsGronllmplementolionServices Deor Ms. Trupovnieks: Stontec Consulting Services lnc. {Slontec) is pleosed to provide this proposol to provide the City of Lodi (lhe City) with gront implementotion services in continuotion of our current work ossisting the City with ossessment ond revitolizoTion of brownfield sites. PROJECT BACKGROUND Since 201ó Stontec hos provided the City with United Stotes Environmentol Protection Agency (USEPA) Brownfields Assessment Gront writing ond implementofion services. The Cily's FY20l5 $400,000 communily-wide ossessment gront closed in Morch 2020. Under Amendmenl #2 to our controct doted December 18,2019 Stontec wrote ond submitted o FY2020 brownfield ossessment gronl opplicotion thot wos subsequenlly oworded by USEPA in the omount of $300,000. This proposcl describes professionol services to implement the City's gronf ond provides reference to our professionolrotes. SCOPE OF WORK - GRANT IMPTEMENTATION SERVICES Stontec will implemenl the scope of work identified for f he environmenlol consultont within the finol opproved community ossessment (CA) project work plon. ln generol, services to be provided by Stontec will include: Tosk l- Cooperotive Agreement Oversight ond Reporting . Preporotion ond submission of Quorterly reports to City Project Monoger (CPM) to the EPA os described in work plon. . Preporofion ond submission of Properly Profile Forms to olign with Quorterly reports.. Preporotion ond submission of Annuol Reports to CPM for forwording to EPA.. Preporotion ond submission of Finol Performonce ond Closeout Reporting to CPM. Tosk 2- lnventory Updole ond Site Selection. Updoting of the brownfields inventory prior to beginning priority site octivities to include o review of oll sites, updoting lhe dotobose to reflect FY 2015 gront Design w¡lh communily in m¡nd O Oclober l, 2020 Poge 2 of 5 Proposol: USEPA Brownfields Gront lmplementction Services occomplishments, contemploling next steps for exisling sites, on identificotion of new priority sites, ond o re-prioritizotion of sites, os needed.. An inventory report wilh norrotive of site descriptions, site occomplishments, currenl porcel mop, ond o prioritizotion norrotive updote. Tosk 3- lmplementotion of Phose I ond ll Environmentol Site Assessments These tosks will be completed wilh input from the Brownfields Advisory Commiltee (BAC) . Preporolion ond submission of up to three reguloted building moteriol (RBM) surveys in buildings ot priority sites, ond the preporotion of up to eight eligibilily determinotion (ED) forms.. Securing occess cgreements.. Preporotion ond submission of one quolily ossuronce project plons (QAPP) for submission to EPA.. Preporolion of up to four sompling ond onolysis plons (SAP).. Preporotion of heollh ond sofety plons (HASP) for ossessments ond surveys, os oppropriote.. Preporotion of up to eight Phose I ESA ond up to four Phose ll ESA.. Preporotion of Notionol Historic Preservction Acl (NHPA Section l0ó ond Endongered Species Act SeclionT(a)(2) submittcls, os necessory. Tosk 4-Remediol Plonning Preporcrtion ond submission of up to two remediolion plons. including cost benefit onclysis of olternotives or further environmentol investigotion. Tosk 5-Community Outreoch Stontec willossist CPM develop o public engogement plon beginning wilh the formotion of o new Brownfields Advisory Committee (BAC); ossist in contocting members; ond provide the BAC with meoningful project informotion to focilitote BAC involvement ond decision-moking regording site selection ond reuse. Stontec will ossist CPM in preporing meeting ogendos ond presentotions. Stontec will ossist CPM in the development of o new brownfields web poge ond its updote throughout lhe gront period. Stontec will ossist the CPM ot focilitoting BAC meelings. Stonfec will ossist the CPM oi recording BAC meetings ond lhe distribuTion of BAC proceedings for review ond opprovol by the BAC. a a a a Design wilh communily in mind e Oclober l, 2020 Poge 3 of ó Proposol USEPA Brownfields Gronl lmplemenlolion Services. Stonlec will ossisl or leod oulroch to locol government porlners, public or privote property owners, ond other stokeholders, os necessory.. Stonlec will porticipote in plonning ond coordinotion of colls or meefings with City stoff to coordinote project octivities. As necessory, ond consistent with the current project, Stontec will utilize select subconsullonts ond subcontroctors to perform services ossocioted with the ossessment ond reuse plonning octivities. Stonlec will conduct ou'treoch to odditionol firms including women- ond minority-owned business enterprises os necessory lo comply with USEPA's foir shore objeclives ond the six 'good faith efforts' defined under 40 CFR, Port 33, Subport C. Stontec will submit subcontroctor ond subconsultont informotion to lhe City for opprovol os well os copies of the proposed ogreements to be execuled. PROJECT SCHEDUTE Tosk Activity or Mileslone Anticipoted Schedule Gront lmplemento'fion Cooperolive oqreemenf slort dote November 1,2020 Perform ossessment, reuse plonning, ond other proiect octivities November 2020 - September 2023 Cooperotive ogreemenl end dote September 30,2023 Deodline for submittol of finol report December 30,2023 PROJECT COSTS Gront implementotion services will be provided ond invoiced consistent with the terms ond conditions specified in our controcf doted April 5. 201ó ond subsequenl omendmenls. Work by Stontec stoff will be billed in occordonce with the Stondord Rote Toble in effect in the yeor fhe work is performed. Rofes ore subject to on onnuol increose. A copy of the currenl rote toble in effect lor 2020 is provided os Aflochmenl A. Subcontrocled services (i.e., lob, drilling, etc.), meols, lodging, mileoge, ond externolequipmenl ond supplies will be billed ot cost plus o stondord morkup of l0%. Compony owned equipment used for field work will be billed on o unit rote bosis (e.9., doily. weekly. etc.); the expense morkup does not opply to these roles. REQUIRED FEDERAT GRANT CONTRACT CLAUSES Appendix llof the Uniform Gronl Guidonce (UGG) ond Appendix A to 40 CFR Porl33 specify thcrt certoin clouses musï be included in consultont contrscts for implementotion of USEPA Design wilh communily in mind e Oclober l. 2020 Poge 4 of 5 Proposol: USEPA Brownfields Gront lmplemenlolion Services gront funded octivities. The following controct clouses should be incorporoted into the Controct Amendment, if not olreody included in the existing controct: Equal Emplovmenl Opportunitv: Dunng Íhe performonce of fhis confrocf, SIANTEC ogrees os fol/ows: (l) SIANIFC wtll not discriminole ogoinsf any employee or appliconi for employment becouse of race, color, religion, sex, or notionol origin.Ihe confroctor will toke offumotive acÍÌon fo ensure that oppliconfs ore employed, ond thot emp/oyees ore treated during employment without regard to their roce, color, religion, sex, or nationol origin. Such ocfion sholl include, but not be limited to the following: Employment, upgrading, demotion, or lronsfer; recruitmenl or recruiimenl advertÌsing; loyoff orterminofÌon,'rofes of pay or other forms of cornpensofion; and se/ecfion for lroining, including opprenticeshþ. SIANIEC ogrees fo posf in conspicuous p/oces, availoble to employees ond opp/iconfs for employment, nolices lo be provided sefling forth the provisions of fhis nondiscriminotion c/ouse. (2) SIANIEC will, in all solicitations or odverfisemenfs for emp/oyees placed by or on beholf of SIANIEC, sfofe lhat all qualified opp/iconfs will receive considerofions for employment withoul regord to roce, color, religion, sex, or nationalorigin. (3) SIANIEC will send fo eoch lobor union or representoltve of workers with which he hos o collective bargoining ogreement or other conlracl or undersfondíng, o nottce fo be provrded odvising fhe soid labor uníon or workers' represenfofives of fhe confrocfor's commitmenfs under lhis secfion, ond sho// posf copies of the nolice in conspicuous ploces ovailable to employees ond opp/iconfs for employmenl. (4) SIANIFC will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulotíons, ond relevont orders of the Secrefo4¡ of Labor. (5) SIANIEC will f urnish oll informatÌon ond reporfs required by Execut:e Order I1246 of Sepiember 24, l9ó5, and by rules, regulofions, ond orders of the Secrefo4¡ of Lobor, or pursuont thereto, and will permit occess fo hrs books, records, and accounts by the odministering ogency ond ihe Secrefory of Labor for purposes of invesfþation to oscerfoin complionce wifh such rules, regulofions, ond orders. (ó) /n fhe evenf of STANTEC'S noncomp/ionce with the nondiscrimtnotton c/ouses of fhis contract or with ony of fhe soid rules, regulotions, or orders, fhis confroct moy be conce/ed, terminated, or suspended in whole or rn porl ond SIANIEC may be dec/ored ineligible for f urther Governmenf confrocfs or federolly ossisfed consfrucfion confrocfs in accordonce wíth procedures oulhortzed in Executive Order I1246 of Sepfember 24, 1965, ond such ofher sonclions os may be imposed ond remedies invoked os provided in Execufive Order I 1246 of Sepfember 24, l9ó5, or by rule, regulotion, or order of Íhe Secrefory of Labor, or os olherwise provìded by low. De$ign with communily in mind O Ocfober l, 2020 Poge 5 of ó Proposol: USEPA Brownfields Groni lmplemenlolion Services (7) SIANIEC willinclude the portion of the senfence immediately precedtng paragroph (l) ond the provisions of porographs (l) through (7) in every subconfroct or purchase order un/ess exempfed by rules, regulat¡ons, or orders of the Secrefory of Lobor issued pursuont to secfion 204 of Fxecufive Order I1246 of Sepfember 24, 1965, so fhof such provisions wil/ be binding upon each subconfroclor or vendor. SIANIEC wil/ foke such ocfron wifh respect lo ony subcontroct or purchose order os the administering ogency moy direcl os o meons of enforcíng such provistons, including soncfions for noncomplionce: provided, however, lhol in the evenf SIANIFC becomes involved in, or is fhreofened with, litigotion with a subconfroctor or vendor os o resull of such drrecfion by fhe odministering agency, SIANIEC moy request the United Sfofes fo enter inlo such liligotion lo protect fhe inferesfs of fhe United Sfofes. Cleon AÍr Acl and Clean Waler Act: f lJ SIANIEC ogrees to comply with oll opphcable sfondords, orders or regulations issued pursuant to the Cleon Air Act (42 U.5.C.7401-7671q) and the Federol Woler Pollutìon ControlAcf. os omended,33 U.S.C. l25l et seq. SIANIEC ogrees to report each violotton to CL/ENI ond undersfonds ond ogrees thot the CL/ENI wtll, tn turn, report eoch violation os required fo ossure notiftcalton to FTA ond the oppropriate EPA Regiono/Offtce. /2/ SIANIEC o/so ogrees fo inc/ude fhese requtremenfs in eoch subconfrocf exceeding $100,000 finonced in whole or|n port with Federolossisfonce provided by FTA. Debormenf ond Suspension.' SIANIFC ogrees thot it is nof /isfed on lhe governmenl-wide exc/usions in fhe Sysfem for Aword Monogemenf |SAMJ. Bvrd Anli-Lobbvìno Amendmenl: SIANIEC wíllfully comply with the opplicable requirements of the Byrd AntÌ-Lobbying Amendmenf. Procuremenf of Recovered Moferiols: SIANIEC ogrees os fol/ows S 200.322 Procurement of recovered moferio/s. A non-Federol enlily fhof is o sfofe ogency or agency of a politicolsubdivision of o stofe ond its controctors musf comply with section 6002 of fhe So/id Wosfe Disposo/Acf, os omended by the Resource Conservofion ond Recovery Act. The requiremenls of Section 6002 include procurrng only ifems desígnofed in guidelines of fhe Environmentol Protection Agency (EPA) ol 40 CFR part 247 lhal contoin the hrghesf percenloge of recovered moteriols procficoble, consisfenf wilh mointoining o sofisfocfory level of competition, where the purchase price of the ilem exceeds $10,000 or the value of the quontity ocquired during fhe preceding fisco/ yeor exceeded $10,000; procuring so/id wosfe managemenf services in o monner thol maximizes energy ond resource recovery; ond esfob/ishing an affirmative procurement progrom f or procurement of recovered moteriols identified ín the EPA guidelines. [78 FR 78608, Dec.26,2013, os omended at 79 FR 75885, Dec. 19,20141. Design wilh communily ¡n mind e Oclober 1, 2020 Poge ó of 5 Proposol: USÉPA Brownfields Gronllmplemenlotion Services c¡.osrNG Stontec sincerely oppreciotes this opportunity to continue to provide the City with professionol services contributing fo revilolizotion of the City's brownfield sifes. Pleose feel free to contoct us with CIny questions or feedbock. Sincerely, STANTEC CONSUTTING SERVICES ¡NC. ã"^AnÐ'-^- Dovid Holmes Senior Associote, Environmentol Services Cell:262-705-1721 dovid.holmes@sf ontec.com Attachments. A - Stantec Standard Rate Table Neil Doron Senior Geologist, Environmentol Services Cell:510-919-0059 neil.doron @slonlec.com Deslgn wllh communlly In mlnd Proposol: USEPA Brownfields Grqnllmplementolion Services Attachment A Stantec Standard Rate Table O 2O2O MASTER ENVIRONMENTAT SERVICES Chorges for oll professionol, lechnicol, ond odminislroiive stoff direcily chorging time 1o the project will be colculoled ond billed on lhe bosis of lhe follow schedule. $ st"ntec 3 4 J $eB $r0B $r 23 Junior level Posilion. Works under the supervision of o senior professionol ' Independenily conies oul ossignments of limited scope using stondord procedures, melhods ond lechniques. Assists senior stoff in conying out more odvonced procedures. Completed work is reviewed for feosibilify ond soundness of judgment ' Groduote from on oppropriote post-secondary progrom or equivolent I Generolly, less thon four yeors' experience 6 7 B $127 $r 32 $r43 Fully Quolified Professionol Posilion ' Corries oul ossignmenls requiring generol fomiliorily within o brood field of lhe respeclive profession. Mokes decisions by using o combinolion of stondord methods ond techniques. Aclively porticipoles in plonning to ensure the qchievement of objeclives. Works independenlly lo interpret informotion ond resolve difficuliies ' Groducte from on oppropriote post-secondory progrom, with credentiols or equivolenl I Generolly, three to six yeors' experience 9 l0 li $ r4e $rs4 $ró5 Firsl level Supervisor or Firsl Complele level of Speciolizolion ' Provides opplied professionol knowledge ond inifiotive in plonning ond coordinoting work progroms. Adopts estoblished guidelines os necessory to oddress unusuol issues ' Decisions occepïed os lechnicolly occurote, however moy on occosion be reviewed for soundness of judgment ' Groduole from on oppropriote posl-secondory progrom, with credentiols or equivolent E Gen nencefive to nine l2 l') 14 $17 4 $ 183 $192 Highly Speciqlized Technicql Professionol or Supervisor of Groups of Prolessionols ' Provides multi-discipline knowledge 1o deliver innovotive solutions in reloted field of expertise' Porficipoles in short ond long ronge plonning to ensure lhe ochievemenl of objectives ' Mokes responsible decisions on oll motlers, including policy recommendotions, work methods, ond finonciol conlrols ossocioted with lorge expendilures. Reviews ond evoluoles technicol work ' Groduofe from on oppropriote posl-secondory progrom, wilh credentiols or equivolenl. Generolly, ten lo fifteen yeors' experience with extensive, brood exÞerience t5 16 t7 $204 $22s $232 Senior Level Consullont or Monogemenl ' Recognized os on outhority in o specific field with quolificotions of significonl volue ' Provides mullidiscipline knowledge to deliver innovotive solutions in reloted field of expertise. Independently conceives progroms ond problems for invesligotion. Porticipotes in discussions to ensure the ochievement of progrom ond/or project objeciives' Mokes responsible decisions on expenditures, including lorge sums or implemenlotion of mojor progroms ond/or projects ' Groduole from on oppropriote post-secondory progrom, with credentiols or equivoleni Generolly, more thon fwelve yeors' experience with extensive experience BItt¡NG tEVEt HOURTY RATE DESCRIPTION Design wilh communily in mind l8 \9 20 21 $23e $248 $2s8 $27 4 Senior Level Monogemenl Under Review by Vice Presidenl or Hlgher. Recognized os on oulhorily in o specific field wilh quolificotions of significont volue. Responsible for long ronge plonning wilhin o specific oreo of proctice or region. Mokes decisions which ore for reoching ond limited only by objeclives ond policies of the orgonizolion. Plons/opproves projecfs requiring significonl humon resources or copilol inveslment. GroduoÌe from on oppropriote post-secondory progrom, wilh credenliols or equivolent. Generolly, fifteen yeors' experience with extensive professionol ond monogemenl experience Experf Wlness Services corry a 50% premium on lobor. Overlìme will be chorged ot 1.5 limes fhe sfondord billing rate. All lobor rotes will be subjecf to onnuol increose. AllC-Slontec 20æ Mosler ES Rote loble-2 wo Titles { I 0%).doc Poge 1 of i EXHIBIT C NOTE: The City of Lodi ís now using the online insurance program PINS Advantage. Once you have been awarded a contract you wìll receive an email from the Cìty's online insurance program requesting you to forward the email to your insurance provider(s) to submitthe required insurance documentation electronically lns u rance Req uirements for Professional Services Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, his agents, representatives, employees or subcontraçtors, MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad as: 1. Commercial General LiabiliÇ (CGL): lnsurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. lf a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (lSO CG 25 03 or 25 04) or ihe general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: ISO Form Number CA 00 01 covering any auto or if Contractor has no owned autos, then hired, and non- owned autos with limit no less than $1,000,000 per accident for bodily injury and property damage. 3. Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability lnsurance with limit of no less than $1,000,000 per accident for bodily injury or dísease. 4. Professional Liability (Errors and Omissions) lnsurance appropriate to the Consultant's profession, with limits not less than $1,000,000 per occurrence or claim, $2,000,000 aggregate. May be waived by Risk Manager depending on the scope of serv¡ces. Other lnsurance Provisions : (a) Additional Named lnsured Status The City of Lodi, its elected and appointed boards, commissions, officers, agents, employees, and volunteers are to be covered as additional insureds on the CGL and auto policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance (at leasi as broad as ISO Form CG 20 10 1 1 B5 or if not available, through the addition of both CG 20 '10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used (b) Primary and Non-Contributory lnsurance Endorsement Ïhe limits of insurance coverage required may be satisfÌed by a combination of primary and umbrella or excess insurance. For any claims related to this contract, the Contractor's insurance coverage shall be primary coverage at least as broad as ISO CG 2001 04 13 as respects the Entity, its officers, officials, employees, and volunteers. Any insurance orself-insurance maintained bythe Entity, its officers, officials, employees, orvolunteers shall be excess of the Contractor's insurance and shall not contribute with it. (c) Waiver of Subroqation Contractor hereby grants to City of Lodi a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City of Lodi by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogalion, but this provision applies regardless of whether or not the City of Lodi has received a waiver of subrogation endorsement from ihe insurer NOTE: (1) The street address of the CITY OF LODI must be shown along with (a) and (b) and (c) above:221 West Pine Street, Lodi, California,95240; (2) The insurance certificate must state, on its face or as an endorsement, a description of the project that it is insuring. (d) Severabilitv of lnterest Clause The term "insured" is used severally and not collectively, but the inclusion herein of more than one insured shall not operate to increase the limit of the company's liabìlity under the Contractors commercial general liability and automobile liability policies. (e) Notice of Cancellation or Chanqe in Coveraqe Endorsement This policy may not be canceled nor the coverage reduced by the company without 30 days' prior written notice of such cancellation or reduction in coverage to the Risk Manager, City of Lodi, 221 West Pine St., Lodi, CA 95240. Page 1 | of2 pages I Risk: rev. 31112018 (f) (s) (h) (l) (m) Continuitv of Coveraqe All policies shall be in effect on or before the first day of the Term of this Agreement. At least thirty (30) days prior to the expirationof each insurance policy, Contractor shall furnish a certificate(s) showing ihut u ne* or extended polióy häs'been obtaineà whichmeets the minimum requirements of thisAgreement. Contractorshall provide proof of coniinuing in.rrance on at leastan annualbasis during the Term. lf Contractor's insurance lapses or is discontinued for any reason, Contractor shall immediately notify the !itv a¡o immediately obtain replacement insurance. Contractor agrees and stipulätes that any insurance coverage provided to theCity of Lodi shall provide for a claims period following terminationãf coverage which is at least consistent with thé cìaims period orstatutes of limitations found in the California Tort Claims Act (California Government Code Section 810 et seq.). Failure to Comply lf Contractor fails or refuses to obtain and maintain the required insurance, or fails to provide proof of coverage, the City may obtainthe insurance. Contractor shall reimburse the City for premiums paid, with interest on the premium paid by the City at the máximumallowable legal rate then in effect ín California. The City shall notify Contractor of such payment of premiúms within thirty (30) daysofpaymentstatingtheamountpaid,thename(s) oftheinsurer(s),andrateofinterest. óontractorshall paysuchreimbùrsémeîtandinterestonthefirst(1st)dayofthemonthfollowingtheCity'snotice. NotwithstandinganyotherprovisionofthisAgreement, if Contractor fails or refuses to obtain or maintain insurance as required by this agreem"ñt, oi t"¡l* to provide proof of iisurance,the City may terminate this Agreement upon such breach. Upon such termination-, Contractor shall immediateiy cease use of theSite or facilities and commence and dlligently pursue the removal of any and all of its personal property from the site or facilities. Verification of Coveraoe Consultant shall furnish ihe City wìih a copy of the policy declaration and endorsement page(s), original certificates andamendatory endorsements or copies of the applicable policy language effecting coverage required -by this clause. All certificatesand endorsements are to be received and approved by the City before work commenceì. However, Íaílure to obtain the required documents prior to the work beginning shall not waive the Consultant's obligation to provide thern. The City reserves ilre rijnt torequire complete, certified copies of all required insurance policies, including endorsements required by thäse specificatioris, atany time. Failure to exercise this right shall not constitute a waiver ol the City's right io "*"róis" after the effeciivedate. (i) ü) Self-lnsured Retentions Self-insured retentions must be declared to and approved by the City. The City may require the Consultant to provide proof of abilityto pay losses and related investigations, claim administration, and defense expenses within the retention. The policy länguage shallprovide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named ¡nsured or'City.- lnsurance Limits The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's officers, employees, agents,representatives or subcontractors. Contractor's obligation to defend, indemnify and hold the City and ìts offiiers, off"¡"iub,employees, agents and volunteers harmless under.the.provisions of this paragraph is not limited to or restricted by any requirement in the Agreement for contractor to procure and maintain a policy of insurance. Subcontractors Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, andConsultant shall ensure that City is an additional insured on insurance required fromlubcontractors Claims Made Policies lf any of the required policies provide coverage on a claims-made basis:l TheRetroactiveDatemustbeshownandmustbebeforethedateofthecontractorthebeginningofcontractwork. 2. lnsurance must be maintained and evidence of insurance must be provided for at least nvã 1S¡ yéars after completion of thecontract of work. 3. lf coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase "extended repoding" coverage fôr a minímunr of five (5) years aftercompletion of contract work. Qualified lnsurer(s) All insurance required by the terms of this Agreement must be provided by insurers licensed to do business in the State of California which are rated at least "A-, Vl" by the AM Best Ratings Guide, and which are acceptable to the City. Non-admitted surplus lines carriers may be accepted provided they are included on the most recent list of California eligible surplus lines insurers (LESLI list) and otherwise meet City requirements. (k) Page2 | of2 pages I Risk: rev. 311l2O1B EXHIBIT E REQUIRED FEDERAL GRANT CONTRACT CLAUSES Appendix ll of the Uniform Grant Guidance (UGG) and Appendix A to 40 CFR Part 33 specify that certain clauses must be included in consultant contracts for implementation of USEPA grant funded activities. The following contract clauses should be incorporated into the Contract Amendment, if not already included in the existing contract: Equal Employment Opportunity: During the performance of this contract, SIA/VIEC agrees as follows: (1) STANTEC will not discriminate against any employee or appticant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that appticants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: Emptoyment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. STANTEC agrees fo posf in conspicuous places, available to employees and applicants for emptoyment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) STANTEC will, in all solicitations or advertisements for employees ptaced by or on behalf of STANTEC, state that all qualified applicants will receive considerations for emptoyment without regard to race, color, religion, sex, or national origin. (3) STANTEC will send to each labor union or representative of workers with which he has a coltective bargaining agreement or other contract or understanding, a notice to be provided advising the said tabor union or workers' representatives of the contractor's commitments under this section, and shatt posf copies of the notice in conspicuous p/aces available to employees and applicants for emptoyment. (4) STANTEC will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (5) STANTEC will furnish all information and reporfs required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and wittpermit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to asceftain compliance with such rules, regulations, and orders. (6) ln the event of SIA/VIEC'S noncompliance with the nondiscrimination c/auses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in paft and STANTEC may be declared ineligible for further Government contracts or federalty assrsfed construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions as may be imposed and remedies invoked as provided in Executive Order 1 1246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as othervvise provided by law. (7) STANTEC will include the porfion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rutes, regulations, or orders of the Secretary of Labor rssued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. SÏA/VIEC will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: provided, however, that in the event SIAA/IEC becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, SIAA/IEC may request the United Sfafes to enter into such litigation to protect the interests of the lJnited Sfafes. Clean Air Act and Clean Water Act: (1) STANTEC agrees to comply with all appticable standards, orders or regulations lssued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federat Water Pottution EXHIBIT E Control Act, as amended,33 U.S. C. 1251 ef seq. SIA/VIEC agrees to report each violation to CLTENT and understands and agrees that the CLIENT will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA RegionalOffice. (2) STANTEC also agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assrsfance provided by FTA. Debarment and Suspension; SIAIVTEC agrees that it is not listed on the government-wide exclusions in the System for Award Management (SAM) Byrd Anti-Lobbying Amendment: SIA/VIEC willfully comply with the applicable requirements of the Byrd Anti- Lob byi n g Am e n d m e nt. Procurement of Recovered Materials; SIANIEC agrees as follows: S 200 322 Procurement of recovered materials. A non-Federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidetines of the Environmental Protection Agency (EPA) at 40 CFR paft 247 that contain the highest percentage of recovered materials practicable, consrsfenf with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscat year exceeded $10,000; procuring solid waste managemenf serylces in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. [78 FR 78608, Dec. 26, 2013, as amended at 79 FR 75885, Dec. 19, 20141.