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ECIA Brownfields Grant Administration ContractMasterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager Dubuque band AI- America City 1 2007 • 2012 • 2013 SUBJECT: Award of Contract to East Central Intergovernmental Association for Grant Administration for the 2013 Environmental Protection Agency Brownfields Assessment Cooperative Agreement DATE: September 12, 2013 Acting Economic Development Director Phil Wagner is recommending selection of East Central Intergovernmental Association for project management and grant administration for the 2013 EPA Brownfields Assessment grant. I concur with the recommendation and respectfully request Mayor and City Council approval. JA)1+ Michael C. Van Milligen MCVM:sv Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Teri Goodmann, Assistant City Manager Phil Wagner, Acting Economic Development Director THE CITY OF Dui Masterpiece on the Mississippi TO: Michael C. Van Milligen, City Manager FROM: Phil Wagner, Acting Economic Development Director Dubuque kattil All- America City 11111 r SUBJECT: Award of Contract to East Central Intergovernmental Association for Grant Administration for the 2013 Environmental Protection Agency Brownfields Assessment Cooperative Agreement. DATE: September 11, 2013 INTRODUCTION The enclosed resolution authorized the award of a contract for services to East Central Intergovernmental Association for the 2013 Environmental Protection Agency Brownfields Assessment Cooperative Agreement. BACKGROUND In December 2011, the City submitted an application to the Environmental Protection Agency for $400,000 total in financial assistance for the assessment of environmental contamination in the Historic Millwork District, the South Port, and the Bee Branch Creek Restoration Area. In May 2012, City staff learned that their request for funding had been denied. The grant was slightly altered based on comments from the EPA, including the replacement of the Washington Neighborhood as opposed to the Bee Branch Creek Restoration Area, and was resubmitted in November 2012. In May 2013, the EPA announced Dubuque had received assessment grants in the amount of $200,000 for hazardous substances and $200,000 for petroleum. As stated in the grant application, the City seeks to assess, clean up, and redevelop brownfields in three distinct areas: South Port: The South Port, 33 acres of downtown vacant and industrial property, has a history of hazardous substances and petroleum contamination. Bordering the Mississippi River, the area has been the home to shipbuilding and repair facilities, railroads, bulk petroleum and coal storage operations, food processing plants, farm machinery manufacturers, and lead mining activity since the early 1800s. In the mid- 2000s, Dubuque received EPA funding to assess and clean up the adjacent North Port, launching an urban renaissance that converted once abandoned waterfront property into a new urban neighborhood, complete with tourist attractions and commercial and recreational complexes. The City seeks additional EPA investment to begin a similar effort in the South Port. Historic Millwork District: The Historic Millwork District, a 43 -acre abandoned industrial area, contains over 1 million square feet of warehouse space. Once the nation's largest millwork district, the area now cuts downtown businesses and residents off from the Port of Dubuque and the low to moderate income Washington Neighborhood. Dubuque has launched an effort to reclaim the Historic Millwork District as a regional engine of growth, with plans for over 1,000 new residents and more than 1,000 new employees. The City seeks EPA funding to assess contamination at several former millwork and foundry sites, and develop plans for their reuse. Washington Neighborhood: Dubuque's Washington Neighborhood is a large, low to moderate income community bordered by 11th Street on the south, Central Avenue on the west, 22 "d Street on the north, and Elm Street on the east. The City has launched a major Washington Neighborhood revitalization initiative to spur economic development and improve the quality of life of its residents. Revitalization efforts include daylighting the buried Bee Branch Creek, creating a linear park and installing green infrastructure to reduce the risk of flood damage to 1,155 properties. Dubuque's focused attention on the Washington Neighborhood has attracted developer interest in several former industrial properties, including salvage yards, food processing plants and foundries, for needed housing and small business development. The City seeks EPA funding to assess several of these properties to encourage their reuse. On August 19, City Council authorized the issuance of a Request for Qualifications (RFQ) to perform project management and grant administration. In accordance with the RFQ, the consultant will monitor and guide the project in the three identified areas. The consultant, along with city staff, will monitor and guide the project in all three different areas around the City. The consultant will document and report activity including the completion of Quarterly Reports and reporting software data entry for the EPA, and communicate with EPA and the Department of Natural Resources as needed and required to assure compliance with administrative, financial and reporting requirements. The consultant will attend project meetings, give presentations, and develop and provide information to property owners, and stakeholders identified in a community engagement process. The consultant will also develop site reuse plans. A consultant committee met on September 10 to review qualifications and proposals from IIW Engineers and East Central Intergovernmental Association (ECIA), the only two firms that applied for the work. The consultation committee consisted of the following: • Steve Brown, Engineering Project Manager • Teri Goodmann, Assistant City Manager • Kyle Kritz, Associate Planer • Ken TeKippe, Finance Director • Phil Wagner, Acting Economic Development Director DISCUSSION IIW Engineers and ECIA were evaluated based on the following criteria: • Availability and capability of staff • References • Dubuque's familiarity with the firm • Ability to complete the project on time and within budget • Price • Integrity and compliance with public policy • Familiarity with EPA and State and Federal Regulations While City staff has familiarity with both firms, and IIW and ECIA have worked with the EPA in the past, the committee ultimately recommended ECIA based on their experience with grant administration. ECIA's budget proposal of $74,175 was slightly higher than the $74,060 proposal from IIW. Contract payments will be made utilizing grant funds. 2 RECOMMENDATION I recommend approving the attached resolution and contract, authorizing East Central Intergovernmental Association to carry out grant administration for the 2013 Environmental Protection Agency Brownfields Assessment Cooperative Agreement. Enclosures cc: Steve Brown, Engineering Project Manager Teri Goodmann, Assistant City Manager Kyle Kritz, Associate Planner Ken TeKippe, Finance Director 3 RESOLUTION NO. 288 -13 A RESOLUTION AUTHORIZING CONTRACT APPROVAL TO EAST CENTRAL INTERGOVERNMENTAL ASSOCATION FOR GRANT ADMINISTRATION FOR THE 2013 ENVIRONMENTAL PROTECTION AGENCY BROWNFIELDS ASSESSMENT COOPERATIVE AGREEMENT WHEREAS, the City of Dubuque, Iowa has been awarded $200,000 for a Petroleum Assessment Grant and $200,000 for a Hazardous Substances Assessment Grant from the Environmental Protection Agency as part of a Brownfields Assessment Cooperative Agreement; and WHEREAS, the City of Dubuque published a request for qualifications for project management and planning services for the Agreement following the August 19, 2013 City Council meeting; and WHEREAS, a committee comprised of City staff has recommended East Central Intergovernmental Association as the most qualified firm to perform the work outlined in the request for qualification document; and WHEREAS, Articles II, III (12), and VIII (2) and (3) of the Articles of Agreement of the East Central Intergovernmental Association gives the ECIA the authority to perform services under consideration. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the contract for services with East Central Intergovernmental Association for the administration of the 2013 Environmental Protection Agency Brownfields Assessment Cooperative Agreement is hereby approved. Section 2. That the Mayor is hereby authorized to execute the contract. Passed, approved, and adopted this 16th day of September, 2013. i �L ATTEST: Key Firnstahl, City C erk Roy D. Buol, Mayor. F: \USERS \Econ Dev \Brownfield Grant Information\2013 EPA Assessment Grant\20130916 award of management contract.doc CONTRACT FOR SERVICES WITH EAST CENTRAL INTERGOVERNMENTAL ASSOCIATION THIS CONTRACT, entered into by and between the East Central Intergovernmental Association (hereinafter called ECIA) and under a passed and approved RESOLUTION OF DUBUQUE, IOWA, (hereinafter called Grantee), authorizing ECIA's assistance in carrying out this Contract and attached Scope of Services, and approved by ECIA on September 18, 2013. TERMS. This Contract carries the following terms. SECTION 1. Scope of Services ECIA shall provide and perform the necessary services required to carry out grant administration for the 2013 Environmental Protection Agency Brownfields Assessment Cooperative Agreement as set out in the Scope of Services attached. SECTION 2. Time of Performance The services of ECIA shall commence on date of EPA grant approval, and shall be completed upon receipt of final Certificate of Completion from the EPA. Commencement and completion of services as identified herein is subject to the EPA being timely provided grant approval, for said contract. The parties also acknowledge that ECIA's time of performance and Scope of services as identified herein may be contingent upon the actions and/or requirements of other parties. ECIA shall not be responsible for a delay in services when said services are contingent upon the completion or performance of services by third parties. SECTION 3. Method of Payment Payment shall be due upon receipt of a monthly bill for services. The payment shall be based on the actual costs incurred by the agency in administering the contract, including labor and overhead, all according to OMB Circular A122. Total payment shall not exceed $74,175. SECTION 4. Personnel The ECIA represents that it has, or will acquire, all personnel necessary to perform the services under this Contract. SECTION 5. Property ECIA shall be free to acquire or use existing property, real or personal, as it deems necessary in the performance of work under this agreement. SECTION 6. Access to Records ECIA, the Grantee, the EPA, the Comptroller General of the United States, or any of their duly authorized representatives, shall have access to any books, documents, papers, and records which are directly pertinent to this specific contract, for the purpose of making audit, examinations, excerpts, and transcriptions. ECIA and the Grantee shall maintain all required records for five years after complete grant closeout and all other pending matters are closed. SECTION 7. Civil Rights Provisions 7.1 Discrimination in Employment - ECIA shall not discriminate against any qualified employee or applicant for employment because of race, color, religion, sex, national origin, age, or disability. Such action shall include but may not be limited to the following: employment, upgrading, demotion or transfers, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including an apprenticeship. ECIA agrees to post notices setting forth the provisions of the nondiscrimination clause in conspicuous places so as to be available to employees. 7.2 Consideration for Employment - ECIA shall, in all solicitations or advertisements for employees placed by or on behalf of the Grantee, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national origin, age, or disability. Solicitation and Advertisement - ECIA shall list all suitable employment openings in the State Employment Service local offices. 7.3 Civil Rights Compliance in Employment - ECIA shall comply with all relevant provisions of the Iowa Civil Rights Act of 1965 (Iowa Executive Orders 15 and 34), Federal Executive Order 11246, as amended by Federal Executive Order 11375,Title VI of the Civil Rights Act of 1964, as amended (P.L. 88 -352) , the Equal Pay Act of 1963, Section 504 of the Vocational Rehabilitation Act of 1973 (29 U.S.C. 794; the Age Discrimination Act of 1975 as amended (U.S.C. 6101 et seq.); the Vietnam Veterans Readjustment Act of 1974; the Americans with Disabilities Act, as applicable (P.L. 101 -336, 42 U.S.C. 12101 - 12213); and related Civil Rights and Equal Opportunity statutes; and regulations which implement these laws. ECIA will furnish all information and reports requested by the State of Iowa or required by or pursuant to the rules and regulations thereof and will permit access to payroll and employment records by the State of Iowa to investigate compliance with these rules and regulations. 40 C.F.R. Par 7 implements Title VI of the Civil Rights Act of 1964, Section 13 of the 1972 Amendments to the Federal Water Pollution Control Act, and Section 504 of The Rehabilitation Act of 1973 7.3.A Federal Executive Orders 11246, as amended by Executive Order 11357 require that all contracts in excess of $10,000 include the following language: "During the performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants 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: employment, 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. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees places by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. (3) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union of workers' representative of the contractor's commitments under Section 202 of Executive Order No. 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The contractor will comply with all provisions of Executive Order No. 11246 of September 24, 1965, and of the rules, regulations, and relevant orders for the Secretary of Labor. (5) The contractor will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (6) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any such rules, regulations, or orders, this contract may be cancelled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order No. 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order No. 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order No. 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided bylaw. (7) The contractor will include the provisions of Paragraphs (1) through (7) in every subcontract or purchase order unless expected by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the contracting agency may direct as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the contracting agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States." 7.4 Program Nondiscrimination - ECIA shall conform with requirements of Title VI of the Civil Rights Act of 1964 (42 U.S.C. 200d et.seq.), HUD regulations issued pursuant thereto contained in 24 CFR Part 1, and Section 109 of Title 1 of the Housing and Community Development Act of 1974, as amended (42 U.S.C. 5309). No person in the United States shall on the ground of race, color, physical or mental disabilities, national origin, religion or religious activities, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available through this contract. Any prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975 or with respect to an otherwise qualified handicapped individual as provided in Section 504 ofthe Rehabilitation Act of 1973 shall also apply to any such program or activity. 7.5 Fair Housing - ECIA (if applicable) shall comply with Title VIII of the Civil Rights Act of 1968 (4f2 U.S.C. 3601 et. seq.), generally known as the Fair Housing Act, and with HUD regulations found at 24 CFR Part 107, issued in compliance with Federal Executive Order 11063, as amended by Federal Executive Order 12259. 7.6 ECIA shall comply with provisions for training, employment, and contracting in accordance with Section 3 ofthe Housing and Urban Development Act of 1968 (12 U.S.C. 1701u). 7.7 Noncompliance with the Civil Rights Laws - In the event of ECIA's noncompliance with the nondiscrimination clauses of this contract or with any of the aforesaid rules, regulations, or requests, this contract may be cancelled, terminated, or suspended either wholly or in part. In addition, the State of Iowa may take further action, imposing other sanctions and invoking additional remedies as provided by the Iowa Civil Rights Act of 1964, as amended, Chapter 216, Code of Iowa, 2005 as heretofore and hereafter amended, or otherwise provided by law. 7.8 Section 13 of the 1972 Amendment to the Federal Water Pollution Control Act provides that no person in the United States shall of the ground of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under the Federal Water Pollution Control Act, as amended. Employment discrimination on the bas is of sex is prohibited in all such programs or activities. 7.9 Title IX of the Education Amendments of 1972, as amended, provides that no person in the United States on the basis of sex shall be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance. Employment discrimination on the basis of sex is prohibited in all such education programs or activities. Note: an education program or activity is not limited to only those conducted by a formal institution. 40 C.F.R. Part 5 implements Title IX ofthe Education Amendments of 1972. 7.10 The Executive Order 13166 (E.O. 13166) entitled; "Improving Access to Services for Persons with Limited English Proficiency" requires Federal agencies work to ensure that recipients of Federal financial assistance provide meaningful access to their LEP applicants and beneficiaries. SECTION 8. Termination by Grantee 8.1 The Grantee may, by thirty (30) days written notice to ECIA, terminate this contract in whole or in part at any time, either for the grantee's convenience or because of the failure of ECIA to fulfill its obligations under the contract. Upon receipt of such notice, ECIA shall: (1) immediately discontinue all services affected (unless the notice directs otherwise), and (2) deliver to the grantee all data, drawings, specifications, as may have been accumulated by the ECIA in performing this contract, whether completed or in process. 8.2 Notwithstanding the above, ECIA shall not be relieved of liability to the grantee for damages sustained by the grantee by virtue of any breach of the contract by ECIA. The grantee may withhold any and all payments to ECIA for the purpose of setoff until such time as the exact amount of damages due the grantee from ECIA is determined. 8.3 If the termination is for convenience of the grantee, ECIA shall be entitled to compensation determined in accordance with Section 3 ofthis contract; and Grantee will be required to pay ECIA the remaining portion of the payment as identified within the contract, in addition to any expenses, loss, or costs, including lost wages, incurred by ECIA, which may be associated with the termination of the contract by Grantee, whether notice is provided as required or not. SECTION 9. Indemnification /Hold Harmless Grantee will at all times indemnify and keep indemnified ECIA, hold and save it harmless from and against any and all liability for damages, loss, costs, charges and expenses, of whatever kind of nature, or arising out of any type of claim or suit (including but not limited to a claim of breach of contract), including counsel and/or attorneys fees and related costs and expenses, which ECIA shall or may at any time sustain or incur by reason or in consequence of having executed said contract for services. Grantee agrees that it will pay over, reimburse and make good to ECIA, its successors and/or assigns, all money which ECIA or its representatives, shall pay, or cause to be paid, or become liable to pay, by reason of the execution ofthis contract for services, or in connection with any litigation, investigation or other matters connected herewith. Such shall be the case whether such suit or claim is rightfully or wrongfully brought or instituted against ECIA, or naming ECIA, and in any case suit shall be brought upon ECIA, ECIA shall be at liberty to employ an attorney of its own selection to appear and defend this suit on its behalf, at the expense of Grantee. SECTION 10. Termination by ECIA ECIA may terminate this contract by thirty (30) days written notice to the grantee for either ECIA's convenience or because of the grantee failure to comply with the laws, rules, or regulations of the U.S. Environmental Protection Agency in carrying out the Brownfields Assessment Cooperative Agreement. The notice shall stipulate the laws, rules, or regulations that have been violated, and date ECIA advised the grantee of said violation. Grantee will be required to pay ECIA the remaining portion of the payment as identified within the contract, in addition to any expenses, loss, or costs, including lost wages, incurred by ECIA, which may be associated with the termination of the contract by Grantee, whether notice is provided as required or not. SECTION 11. Government -Wide Restriction on Lobbying CERTIFICATION REGARDING GOVERNMENT -WIDE RESTRICTION ON LOBBYING. ECIA certifies, to the best of its knowledge and belief, that: 11.1 No Federal appropriated funds have been paid or will be paid by or on behalf of ECIA, to any person for influencing or attempting to influence an officer of employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 11.2 If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the Contractor shall complete and submit Standard Form LLL- "Disclosure Form to report Federal Lobbying" in accordance with its instruction. 11.3 ECIA shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. SECTION 12. Political Activity No portion of program funds shall be used for any partisan political activity or to further the election or defeat of any candidate for public office. Neither the program nor the funds provided therefore, nor the personnel employed in the administration of this Contract or its Funding Agreements, shall be in any way or to any extent, engaged in the conduct of political activities in contravention of The Hatch Act (5 U.S.C. 15). SECTION 13. Other Requirements In connection with the carrying out of this agreement, ECIA agrees to comply with any and all rules and regulations of the Environmental Protection Agency concerning third party contracts. In connection with the carrying out of this agreement, ECIA and Grantee (City) acknowledge that there may be third part contracts which apply to said project. Should there be third party contracts which apply to this contract for services ECIA shall be performing, Grantee (City) agrees to provide ECIA with notice of said third party contracts and copies thereof, within five (5) days of this agreement, or Grantee's (or City's) receipt thereof. Failure to do so shall void any requirement(s) by ECIA to comply with any rules and regulations of third parties pertaining to this project. PASSED AND APPROVED: Grantee: City of Dubuque Date: September 16, 2013 Roy D. B ol, Mayor AttesfiKevin Firnstahl, City Clerk East Central Intergovernmental Association Date: September 18, 2012 I�! Y• Chai son or Exe,/ ve Director Attest Attachment A SCOPE OF SERVICES The East Central Intergovernmental Association (ECIA) shall assist in compliance with requirements set forth by the Environmental Protection Agency; maintenance of required records and documents; and other required actions not specifically listed, but requested by the local government, including, but not limited to the following activities: Task 1- Community Engagement: The project team will oversee and implement the entire engagement process including: organizing and conducting community engagement focus groups, work with City staff to establish a Community Engagement Team, along with preparing community engagement materials pertinent to the project(s). This will be accomplished by connecting with the community through public meetings, neighborhood association gatherings, church groups, speaker's bureaus, newsletter mailings, web sites, social media and other communication vehicles. Task 2- Site Assessments: The project team will assist City staff in the procurement of selecting, hiring and management of a qualified firm to conduct environmental assessments of the various sites for hazardous and petroleum pollutants. The project team will assist the selected environmental consultant in the development of Phase I assessments, Data Quality Assurance documents for each Phase II assessment and working with property owners to secure property access agreements and coordination, observing and documenting field work, reviewing reports and laboratory data, and coordination on project specific tasks. This also includes facilitating coordination between the selected environmental contractor, EPA, DNR and City on assessments and cleanup planning to determine the most appropriate cleanup response in the event it is necessary following a Phase II assessment. Task 3- Reuse Planning: The ECIA project team will develop site reuse plans. Input from community engagement and the Community Engagement Team will be incorporated into Reuse Plans one for the South Port, The Historic Millwork District and the Washington Neighborhood. Task 4 - Project Management: The ECIA project team will serve as a liaison between EPA Region 7, DNR and the City of Dubuque. The project team will be responsible for assuring compliance with all administrative and reporting requirements of the cooperative agreement including the completion of quarterly reports, ACRES data entry and monthly progress reports to the City.