U.S. ENVIRONMENTAL PROTECTION AGENCY Grant Agreement RECIPIENT TYPE: State AA - 99T51101 - 0 Page 1 GRANT NUMBER (FAIN): 99T51101 MODIFICATION NUMBER: 0 DATE OF AWARD 07/26/2016 PROGRAM CODE: AA TYPE OF ACTION MAILING DATE New 08/02/2016 PAYMENT METHOD: ACH# ASAP 90008 Send Payment Request to: Las Vegas Finance Center email: lvfc-grants@epa.gov PAYEE: CA Dept of Toxic Subs Control P.O. Box 806 Sacramento, CA 95812 RECIPIENT: CA Dept of Toxic Subs Control 1001 I St., P.O. Box 806 Sacramento, CA 95812 EIN: 68-0281381 PROJECT MANAGER EPA PROJECT OFFICER Sandra Jean Karinen Andre Villasenor 1001 I St., P.O. Box 806 75 Hawthorne Street, LND-1-1 Sacramento, CA 95812 San Francisco, CA 94105 E-Mail: sandy.karinen@dtsc.ca.gov E-Mail: villasenor.andre@epa.gov Phone: 916-323-9617 Phone: 213-244-1813 PROJECT TITLE AND DESCRIPTION MultiPurpose Grant - Exide Area Lead-Based Paint Abatement EPA GRANT SPECIALIST Susan Chiu Grants Management Section, EMD-6-1 E-Mail: chiu.susan@epa.gov Phone: 415-972-3674 The project will address lead-based paint contamination in privately-owned housing in an environmental justice area in Los Angeles County with a population of approximately 90,000 residents (predominantly Hispanic) in over 10,000 properties. This is part of an ongoing overall lead abatement effort currently focused on cleanup of lead in soils. This agreement provides full federal funding in the amount $130,782. Preaward costs are approved back to 7/1/2016. BUDGET PERIOD 07/01/2016 - 06/30/2018 PROJECT PERIOD 07/01/2016 - 06/30/2018 TOTAL BUDGET PERIOD COST $130,782.00 TOTAL PROJECT PERIOD COST $130,782.00 NOTICE OF AWARD Based on your Application dated 07/01/2016 including all modifications and amendments, the United States acting by and through the US Environmental Protection Agency (EPA) hereby awards $130,782. EPA agrees to cost-share 100.00% of all approved budget period costs incurred, up to and not exceeding total federal funding of $130,782. Recipient's signature is not required on this agreement. The recipient demonstrates its commitment to carry out this award by either: 1) drawing down funds within 21 days after the EPA award or amendment mailing date; or 2) not filing a notice of disagreement with the award terms and conditions within 21 days after the EPA award or amendment mailing date. If the recipient disagrees with the terms and conditions specified in this award, the authorized representative of the recipient must furnish a notice of disagreement to the EPA Award Official within 21 days after the EPA award or amendment mailing date. In case of disagreement, and until the disagreement is resolved, the recipient should not draw down on the funds provided by this award/amendment, and any costs incurred by the recipient are at its own risk. This agreement is subject to applicable EPA regulatory and statutory provisions, all terms and conditions of this agreement and any attachments. ISSUING OFFICE (GRANTS MANAGEMENT OFFICE) AWARD APPROVAL OFFICE ORGANIZATION / ADDRESS ORGANIZATION / ADDRESS U.S. EPA, Region 9 U.S. EPA, Region 9 Grants Management Section, EMD 6-1 Land Division, LND-1 75 Hawthorne Street 75 Hawthorne Street San Francisco, CA 94105 San Francisco, CA 94105 THE UNITED STATES OF AMERICA BY THE U.S. ENVIRONMENTAL PROTECTION AGENCY Digital signature applied by EPA Award Official Craig A. Wills - Grants Management Officer DATE 07/26/2016 EPA Funding Information FUNDS EPA Amount This Action FORMER AWARD $ AA - 99T51101 - 0 THIS ACTION $ 130,782 Page 2 AMENDED TOTAL $ 130,782 EPA In-Kind Amount $ $ $ 0 Unexpended Prior Year Balance $ $ $0 Other Federal Funds $ $ $0 Recipient Contribution $ $ $0 State Contribution $ $ $0 Local Contribution $ $ $0 Other Contribution $ $ $0 $0 $ 130,782 $ 130,782 Allowable Project Cost Assistance Program (CFDA) 66.204 - Multipurpose Grants to States and Tribes Statutory Authority Regulatory Authority Consolidated Appropriations Act 2016 Public Law No: 114-113. 2 CFR 200 2 CFR 1500 and 40 CFR 33 Fiscal Site Name - Req No 1609M6S096 FY Approp. Budget Code Organization 16 E1 09M2 PRC Object Site/Project Cost Obligation / Class Organization Deobligation 102A20 4192 130,782 130,782 (PageBreak) AA - 99T51101 - 0 Budget Summary Page Table A - Object Class Category (Non-construction) 1. Personnel 2. Fringe Benefits 3. Travel 4. Equipment 5. Supplies 6. Contractual 7. Construction 8. Other 9. Total Direct Charges 10. Indirect Costs: % Base 11. Total (Share: Recipient 0.00 % Federal 100.00 %.) 12. Total Approved Assistance Amount 13. Program Income 14. Total EPA Amount Awarded This Action 15. Total EPA Amount Awarded To Date Total Approved Allowable Budget Period Cost $0 $0 $0 $0 $0 $0 $0 $130,782 $130,782 $0 $130,782 $130,782 $0 $130,782 $130,782 Page 3 (PageBreak) AA - 99T51101 - 0 Page 4 Administrative Conditions The recipient agrees to comply with the current EPA general terms and conditions available at: https://www.epa.gov/grants/epa-general-terms-and-conditions-effective-march-29-2016-or-later. These terms and conditions are in addition to the assurances and certifications made as a part of the award and the terms, conditions or restrictions cited throughout the award. The EPA repository for the general terms and conditions by year can be found at http://www.epa.gov/grants/grant-terms-and-conditions. A. Annual Federal Financial Report (FFR) - SF 424 For awards with cumulative project and budget periods greater than 12 months, the recipient will submit an annual FFR (SF 425) covering the period from "project/budget period start date" to June 30 of each calendar year to the U.S. EPA Las Vegas Finance Center (LVFC). The FFR will be submitted electronically to lvfc-grants@epa.gov no later than September 30 of the same calendar year. The form with instructions can be found on LVFC’s website at http://www2.epa.gov/financial/forms. 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. In accordance 2 CFR Part 200.323 the grantee and subgrantee(s) must perform 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 recruitment activities. For Indian 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 the requirements permit, in a way that encourages and facilitates participation by DBEs in the competitive 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 Indian Tribal, State and local Government recipients, this will include dividing total requirements when economically 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 handle individually. (e) Use the services and assistance of the SBA and the Minority Business Development Agency of the Department of Commerce. (f) If 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 Compliance, 40 CFR Part 33 The recipient agrees to comply with the requirements of EPA’s Disadvantaged Business Enterprise (DBE) Program for procurement activities under assistance agreements, contained in 40 CFR Part 33. Fair Share Objectives, 40 CFR Part 33, Subpart D 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. In accordance with 40 CFR Section 33.411 some recipients may be exempt from the fair share objective requirements as described in 40 CFR Part 33, Subpart D. Recipients should work with their DBE coordinator if they think their organization may qualify for an exemption. The dollar amount of this assistance agreement, or the total dollar amount of all of the recipient’s financial assistance agreements in the current federal fiscal year from EPA is $250,000 or more. The recipient accepts the applicable MBE/WBE fair share objectives/goals negotiated with EPA by the California State Water Resources Control Board (CSWRCB) as follows: Construction Equipment Services Supplies MBE 2% 1% 1% 1% WBE 1% 1% 1% 1% The recipient accepts the fair share objectives/goals stated above and attests to the fact that it is purchasing the same or similar construction, supplies, services and equipment, in the same or similar relevant geographic buying market as CSWRCB. Negotiating Fair Share Objectives/Goals, Section 33.404 The recipient has the option to negotiate its own MBE/WBE fair share objectives/goals. If the recipient wishes to negotiate its own MBE/WBE fair share objectives/goals, the recipient agrees to submit proposed MBE/WBE objectives/goals based on an availability analysis, or disparity study, of qualified MBEs and WBEs in their relevant geographic buying market for construction, services, supplies and equipment. The submission of proposed fair share goals with the supporting analysis or disparity study means that the recipient is not accepting the fair share objectives/goals of another recipient. The recipient agrees to submit proposed fair share objectives/goals, together with the supporting availability analysis or disparity study, to the Regional MBE/WBE Coordinator, Joe Ochab at Ochab.Joe@epa.gov, within 120 days of its acceptance of the financial assistance award. EPA will respond to the proposed fair share objective/goals within 30 days of receiving the submission. If proposed fair share objective/goals are not received within the 120 day time frame, the recipient may not expend its EPA funds for procurements until the proposed fair share objective/goals are submitted. Contract Administration Provisions, 40 CFR Section 33.302 The recipient agrees to comply with the contract administration provisions of 40 CFR Section 33.302. Bidders List, 40 CFR Section 33.501(b) and (c) Recipients of a Continuing Environmental Program Grant or other annual reporting grant, agree to create and maintain a bidders list. Recipients of an EPA financial assistance agreement to capitalize a revolving loan fund also agree to require entities receiving identified loans to create and maintain a bidders list if the recipient of the loan is subject to, or chooses to follow, competitive bidding requirements. Please see 40 CFR Section 33.501 (b) and (c) for specific requirements and exemptions. E. MBE/WBE Reporting General Compliance, 40 CFR, Part 33, Subpart E – Non-Reporting Condition MBE/WBE reports are required annually. Reporting is required for assistance agreements where there are funds budgeted for procuring construction, equipment, services and supplies, including funds budgeted for direct procurement by the recipient or procurement under subawards or loans in the “Other” category, that exceed the threshold amount of $150,000, including amendments and/or modifications. Based on EPA’s review of the planned budget, this award does not meet the conditions above and is not subject to Disadvantaged Business Enterprise (DBE) Program reporting requirements. However, if during the performance of the award the total of all funds expended for direct procurement by the recipient and procurement under subawards or loans in the “Other” category exceeds $150,000, annual reports will be required and you are required to notify your EPA grant specialist for additional instructions. The recipient also agrees to request prior approval from EPA for procurements that may activate DBE Program reporting requirements. This provision represents an approved deviation from the MBE/WBE reporting requirements as described in 40 CFR Part 33, Section 33.502; however, the other requirements outlined in 40 CFR Part 33 remain in effect, including the Good Faith Effort requirements as described in 40 CFR Part 33, Subpart C, and Fair Share Objectives negotiation as described in 40 CFR Part 33, Subpart D. F. Indirect Costs The Cost Principles under 2 CFR Part 200, Subpart E apply to this award. Since there are no indirect costs included in the assistance budget, they are not allowable under this Assistance Agreement. Programmatic Conditions a]. Environmental Measurements: This grant includes the performance of environmental measurements, therefore, a Quality Assurance (QA) Plan, a Sampling and Analysis Plan, or other comparable document covering QA activities, must be prepared. The recipient should consult with the Region 9 Quality Assurance Office to determine what type of QA documentation would be most appropriate and what QA guidance should be followed. The QA Plan must be approved by the EPA Project Officer, the Region 9 Quality Assurance Manager, and the recipient's Quality Assurance Officer before measurement activities are undertaken. Emergency measurements may be taken before a QA Plan has been prepared if the Region 9 Quality Assurance Manager agrees that the nature of the data collection activity required due to the emergency warrants an exemption. Contact the QA Office at 415-972-3411. b]. Subaward Monitoring: The recipient must report on its subaward monitoring activities under 2 CFR 200.331(d), as follows: 1. Summaries of results of reviews of financial and programmatic reports. 2. Summaries of findings from site visits and/or desk reviews to ensure effective subrecipient performance. 3. Environmental results the subrecipient achieved. 4. Summaries of audit findings and related pass-through entity management decisions. 5. Actions the pass-through entity has taken to correct deficiencies such as those specified at 2 CFR 200.331(e), 2 CFR 200.207 and the 2 CFR Part 200.338 Remedies for Noncompliance. c]. Cybersecurity: (a) The recipient agrees that when collecting and managing environmental data under this assistance agreement, it will protect the data by following all State or Tribal law cybersecurity requirements as applicable. (b)(1) EPA must ensure that any connections between the recipient’s network or information system and EPA networks used by the recipient to transfer data under this agreement, are secure. For purposes of this Section, a connection is defined as a dedicated persistent interface between an Agency IT system and an external IT system for the purpose of transferring information. Transitory, user-controlled connections such as website browsing are excluded from this definition. If the recipient’s connections as defined above do not go through the Environmental Information Exchange Network or EPA’s Central Data Exchange, the recipient agrees to contact the EPA Project Officer (PO) no later than 90 days after the date of this award and work with the designated Regional/Headquarters Information Security Officer to ensure that the connections meet EPA security requirements, including entering into Interconnection Service Agreements as appropriate. This condition does not apply to manual entry of data by the recipient into systems operated and used by EPA’s regulatory programs for the submission of reporting and/or compliance data. (b)(2) The recipient agrees that any subawards it makes under this agreement will require the subrecipient to comply with the requirements in (b)(1) if the subrecipient’s network or information system is connected to EPA networks to transfer data to the Agency using systems other than the Environmental Information Exchange Network or EPA’s Central Data Exchange. The recipient will be in compliance with this condition: by including this requirement in subaward agreements; and during subrecipient monitoring deemed necessary by the recipient under 2 CFR 200.331(d), by inquiring whether the subrecipient has contacted the EPA Project Officer. Nothing in this condition requires the recipient to contact the EPA Project Officer on behalf of a subrecipient or to be involved in the negotiation of an Interconnection Service Agreement between the subrecipient and EPA. END OF DOCUMENT California Environmental Protection Agency Department of Toxic Substances Control EPA Grant No. 99T51101 US EPA Multipurpose Grant Exide Area Lead-Based Paint Abatement WORK PLAN PURPOSE: The former Exide Technologies (Exide) lead-acid battery recycling facility is located in Vernon, Los Angeles County, California. The California Department of Toxic Substances Control's (DTSC) preliminary evaluation of data from 20,000 soil samples collected from as far away as 4.5 miles from the Exide facility showed that approximately 90,000 residents and about 10,000 properties in the Preliminary Investigation Area (PIA) within a 1.7 mile radius around the Exide facility may have been impacted by past emissions. This primarily Hispanic area includes the environmental justice communities of Vernon, Bell, Commerce, Huntington Park, Maywood, East Los Angeles and Boyle Heights (City of Los Angeles). The PIA can be characterized as a dense industrial/transportation zone surrounded by older homes. DTSC is currently involved in an ongoing overall sampling and remediation effort that is focused on cleanup of lead in soils in the PIA and has secured well over $180 million in State funding to support the soil cleanup efforts with the goal of cleaning up the soil at approximately 2,500 properties where the lead levels are the highest and potential exposure the greatest. Because of the prevalence of older housing stocks in the area (majority of homes were built prior to 1950), DTSC included testing for lead-based paint (LBP) on the exteriors of area homes in its sampling program. A preliminary screening of 437 properties identified 107 (24%), with children six years old or younger, with lead-based paint on home exteriors in excess of 0.7 mg/cm2 (Los Angeles County's definition of leadbased paint). OBJECTIVE: DTSC is collaborating with the California Department of Community Services and Development (CSD) to address LBP contamination in the PIA. CSD has an established Lead Hazard Control Program to address lead hazards in privately-owned homes in California which is primarily funded through grants from the U.S. Department of Housing and Urban Development (HUD). CSD has limited funding available from its current HUD grant which is now being redirected to the PIA. Unfortunately, the HUD funding does not cover all costs and has limitations on what can be funded. The monies from this grant are being directed exclusively to addressing LBP hazards in privately1 9/2716 CA DTSC Exide Area LBP Abatement Work Plan owned homes in the PIA not otherwise covered by other available funding sources. Although there may be other gaps not yet identified, current critical limitations on existing funding sources are: o exclusion of zero-bedroom units, e.g., studio apartments, and o no exterior LBP abatement allowed if residents do not provide access to the home's interior. Some community residents will not allow access to the interior of their homes, but have allowed access to the exterior. It is hoped that in the future residents will become more familiar with our cleanup efforts in the neighborhood and aware of the importance of the need for overall lead abatement in their homes. TASKS: Task 1: Build Partnerships with Local LBP Abatement Providers DTSC is currently collaborating with the California Department of Community Services and Development (CSD) to address lead contamination in the PIA. DTSC will continue to conduct extensive soil testing and exterior lead-based paint screening on homes in the area using State funding. CSD has a long-established Lead Hazard Control Program (LHCP) which is directed at LBP abatement. CSD's long-time sub-grantee that is responsible for the providing CSD's LHCP services in Los Angeles County is the Maravilla Foundation (Maravilla). Founded in 1967 and headquartered in Commerce, Maravilla is a non-profit community-based organization dedicated to providing comprehensive, multipurpose social and other support services to economically disadvantaged residents in greater Los Angeles County. DTSC, CSD and Maravilla are regularly holding conference calls and meetings to continue and further develop their working partnership to address LBP abatement needs in the Exide area communities. DTSC and CSD have established confidentiality procedures to enable the transfer of confidential information pertaining to the residents and properties proposed for LBP abatement. DTSC is also in the process of developing partnerships with the Cities of Huntington Park and Los Angeles (Boyle Heights). Both Cities have current HUD grants to address LBP abatement in their respective communities. CSD and Maravilla will focus on the remaining areas of the PIA: Vernon, Commerce, Bell, Maywood and unincorporated East Los Angeles. DTSC is in the process of establishing confidential procedures with both Cities to allow for the transfer of confidential information. Outputs: Meetings Confidentiality Procedures Outcome: Establishment/maintenance of working partnerships to facilitate addressing the LBP abatement needs of the residents in the PIA Schedule: Ongoing for Duration of the Project 2 9/2716 CA DTSC Exide Area LBP Abatement Work Plan Task 2: Establish Integrated Lead Hazard Control Programs DTSC and CSD/Maravilla are in the process of developing a coordinated effort to more comprehensively address lead contamination in the PIA. DTSC has State funding earmarked to address lead-contamination in soil caused by the former Exide battery recycling facility, but not to remediate other sources of lead poisoning - lead-based paint - that are also impacting local residents - especially young children living in the area. Unless all sources of lead contamination are appropriately addressed in a coordinated, comprehensive manner, the problem of lead poisoning of residents will continue. By combining two different programs' resources, we will be able to synergistically address lead poisoning issues in environmental justice communities in Los Angeles County burdened by multiple sources of pollution. CSD/Maravilla and DTSC are currently focused on detailing out their respective program processes in order to eliminate duplication and/or overlaps and increase efficiencies and overall effectiveness. Based on CSD/Maravilla's past experiences through their existing program, the average cost to control lead hazards in area homes averages $10,000 per unit. Some units are expected to require less than $10,000, but others will cost more. Due to the cost factors, all efforts possible are being employed to generate cost savings in order to maximize the number of residences cleared of lead and LBP hazards. Once CSD/Maravilla and DTSC establish an integrated overall lead abatement process, then DTSC will apply the lessons learned with CSD/Maravilla to develop integrated programs with the Cities of Huntington Park and Los Angeles. If any other local entities are able to establish LBP abatement programs, then DTSC will seek to integrate their soil cleanup efforts with those new programs. DTSC and CSD will be seeking additional sources of funding to address the overall need for LBP abatement in the PIA. Current estimates run as high as $30-40 million to fully meet the need for LBP abatement in this environmental justice area. Current estimates are that there is less than $2 million presently available to address LBP abatement in the PIA. Outputs: Integrated Lead Abatement Programs (3): 1. CSD/Maravilla 2. City of Huntington Park 3. City of Los Angeles Outcome: Integration of programs to maximize limited resources Schedule: Ongoing, varies by entity: 1. CSD/Maravilla - underway - completion by December 1, 2016 2. City of Huntington Park - just underway - completion by December 30, 2016 3. City of Los Angeles - barely underway - completion by January 31, 2017 3 9/2716 CA DTSC Exide Area LBP Abatement Work Plan Task 3: Implementation of Integrated Lead Programs Once the integrated programs have been established, then the focus will be on actual implementation with the priority on homes with LBP contamination with children age six and under present. This includes the transfer of confidential information including sampling results and reports on condition of exteriors by individual residence. Although the hope is to be able to fully address each residence identified through sampling efforts, the programs will be adapted as needed to accommodate those residents that will allow access to home exteriors but decline access to home interiors and enable those residents to re-enter the program at a later date if they then wish to address their home interiors. This is the only task where EPA grant funding will be utilized - in providing residential LBP abatement services in the Exide PIA. Key activities under this task include, but are not limited to the following: residential outreach and education, prioritization and establishing program eligibility, intact and enrollment, compliance with HIPAA (Health Insurance Portability and Accountability Act 0f 1996), LBP inspection and risk assessment, lead hazard control work on housing units, including lead dust cleaning, clearance inspection, and project monitoring and oversight. Outputs: Residences with Soil Abated Residences with Soil and Home Exterior Abated Residences with Soil and Home Exterior Abated and Home Interior Abatement Completed at a Later Date Residences Fully Abated (Home Exterior and Interior Abated at Same Time as Soil Abated) Residences abated using EPA funding* o Exterior only o Interior and Exterior * All soil remediation will be completed using DTSC State funding Outcome: Protection of residents' health - particularly children - through the elimination of lead hazards in an environmental justice communities Schedule: Ongoing for Duration of Project 4 9/2716 CA DTSC Exide Area LBP Abatement Work Plan Task 4: Write Final Report Once the EPA Multipurpose Grant funding is fully expended, a final report will be completed summarizing the overall project and providing final results as to the numbers of residences abated overall using all sources of funding available as of that point in time and those where EPA funding was utilized. Output: Final Report Schedule: Two months after depletion of EPA grant funding PROJECT SCHEDULE: This project is a portion of a much larger cleanup project and is also dependent on the willingness of residents to provide access to their property and homes - both interiors and exteriors. All other sources of funding will be utilized prior to expending EPA grant funds. Task Description Completion Date 1 Build/Maintain Partnerships with Local LBP Providers End of Project 2 Establish Integrated Lead Hazard Control Programs a. CSD/Maravilla Foundation December 1, 2016 b. City of Huntington Park December 30, 2016 c. City of Los Angeles January 31, 2017 3 Implementation of Integrated Lead Abatement Programs* a. CSD/Maravilla Foundation End of Project b. City of Huntington Park End of Project c. City of Los Angeles End of Project * Implementation will continue as long as any funding available; EPAfunded project will continue until grant funds fully expended. PROJECT REPORTING: DTSC will prepare progress reports every six months for the project duration. The first progress report will be submitted January 31, 2017, covering the period July 1, 2016 - December 31, 2016. The progress reports will include the current status of the project, a discussion of each of the tasks and whether and how they have been completed, a brief summary of the findings of each task, any problems that have been encountered and a plan for solving them. The final report and any outreach materials that are developed during the project will be submitted to EPA. The final report will also be placed on DTSC's Exide Technologies website. 5 9/2716 STATE OF CALIFORNIA STANDARD AGREEMENT STD 213 (Rev 06103) AGREEMENT NUMBER 17-T4424 REGISTRATION NUMBER 1. This Agreement is entered into between the State Agency and the Contractor named below: STATE NAME Department of Toxic Substances Control CONTRACTORS NAME National Engineering 8: Consulting Group Inc. 2, The term of this April 20. 2017 through June 11, 2018 Agreement is: 3. The maximum amount 130,782.00 of this Agreement is: One Hundred Thirty Thousand Seven Hundred Eighty-Two Dollars and No Cents 4. The parties agree to comply with the terms and conditions of the following exhibits which are by this reference made a part of the Agreement. Exhibit A Scope of Work 9 page(s) Exhibit Budget Detail and Payment Provisions 3 page(s) Exhibit - General Terms and Conditions GTC 04/2017 Check mark one item below as Exhibit D: Exhibit - 0 Special Terms and Conditions (Attached hereto as part of this Exhibit - 0* Special Terms and Conditions Exhibit - Additional Provisions Exhibit A, B, C, D, and of Master Agreement 17-T4308 remain in effect. SITE: Exide Technologies, Inc. n/a page(s) n/a page(s) Items shown with an Asterisk are hereby incorporated by reference and made part of this agreement as if attached hereto. These documents can be viewed at iN WITNESS WHEREOF, this Agreement has been executed by the parties hereto. Caiifomia Department of General CONTRACTOR Services Use Only CONTRACTORS NAME (trainer than an individual, state whethera corporation, partnership. etc.) National Engineering Consulting Group Inc. av (Authon'z 54$ Signature) DATE SIGNEDHJU rm! gape) Ail-[whom PRINTED NAME AND TITLE OF PERSON SIGNING Dania H. Akhal, President/CEO ADDRESS 1517 East McFadden Avenue Santa Ana. CA 92705 STATE OF CALIFORNIA AGENCY NAME Department of Toxic Substances Control BY (Authorized Signature) DATE no! type) PRINTED NAME AND TITLE OF PERSON Andrew Coilada, Deputy Director- Administrative Services Exempt per: ADDRESS 1001 I Street. PO. Box 806, Sacramento. CA 95812-0806 National Engineering 8 Consulting Group Inc. Contract 17-T4424 Exhibit A Page 1 of 9 National Engineering 8 Consulting Group Inc. (Contractor) is entering into a Contract with the Department of Toxic Substances Control (DTSC) to provide personnel, services, materials, and equipment necessary to abate lead-based paint (LBP) at impacted residential properties identified by DTSC. All work shall be performed in accordance with the master Contract between Contractor and DTSC for hazardous substances/materials site remediation, Standard Agreement No. 17-T4308 (Master Contract). The term of this Contract is through June 11, 2018, for an amount not to exceed $130,782.00. This Contract may be amended in writing upon mutual agreement. The DTSC Contract Manager and Contractor Representative during the term of this Contract will be: Contract Manager Peter Ruttan Department of Toxic Substances Control 8800 Cal Center Drive Sacramento, California 95828 Phone: (916) 255-3777 Peter.Ruttan@dtsc.ca.qov 3. The Project Managers for this Contract will be: DTSC Project Manager Hortensia Muniz, P.E. Department of Toxic Substances Control 8800 Cal Center Drive Sacramento, California 95828 Phone: (916) 255-6632 DTSC Field Operations Manager Rafat Abbasi, P.E. Department of Toxic Substances Control Phone: (323) 803-2498 Rafat.Abbasi@dtsc.ca.qov DTSC Field Coordinator Andres Martinez Department of Toxic Substances Control Phone: (323) 803-2506 Andres.Martinez@dtsc.ca.qov DTSC Contract Administrator Carlos Aceituno Department of Toxic Substances Control 1001 I Street, PO Box 806 Sacramento, California 95812-0806 Phone: (916)-324-1942 Carlos.Aceituno@dtsc.ca.qov Contractor Representative Dania H. Akhal President/CEO National Engineering Consulting Group Inc. 1517 East McFadden Avenue Santa Ana, CA 92705 Phone: (714) 568-5300 dakhal@qroupnec.com Contractor Project Manager Wael Ibrahim Registered Civil Engineer National Engineering Consulting Group, Inc. 1517 East McFadden Avenue Santa Ana, California 92705 Phone: (714) 568?5300 wibrahim@qroupnec.com National Engineering Consulting Group Inc. Contract 17-T4424 Exhibit A Page 2 of 9 Any of the above Contract Representatives may be changed upon written notification to each party with a copy to Contracts Unit. Scope of Work (SOW) Site Description Activities conducted at the non-Operating Exide Technologies Battery Recycling facility (Facility) located at 2700 Indiana Street in Vernon'California have contributed to contamination of offsite properties. Preliminary analysis of soil data by DTSC has indicated that lead from Exide?s emissions may have affected soil as far as 1.7 miles away from the Facility. Approximately 10,000 residential-zoned properties are within the 1.7?mile radius, also referred to as the Preliminary Investigation Area (PIA). Designated Properties Some of these 10,000 properties include residential structures and outbuildings where the exterior has been tested and observed to include LBP in poor condition flaking and chipping). LBP in poor condition represents a threat to human health and the environment. To date, DTSC has identified 15 properties where the exterior has been tested and observed to contain LBP in poor condition (?Designated Properties?) and will identify more as time and budget permit. Project For purposes of this SOW, ?Project? shall mean the LBP abatement of as many of the Designated Properties as reasonably possible within the contact period and budget. General requirements for this scope of work are as follows: 1. The Contractor shall assume full responsibility and liability for compliance with all Federal, State, and local regulations pertaining to lead-based paint abatement on this Project, including medical examinations, monitoring, personal protective measures, and permitting and licensing. Specifically, the Contractor shall comply with all provisions and/or responsibilities, as applicable, contained in: a. Guidelines for the Evaluation and Control of Lead-based paint hazards in Housing (Department of Housing and Urban Development 2012 Edition), b. Federal OSHA Section 1926.62, 0. California General Industry Safety and Health Standards, and the Safety and Health Regulations for Construction, Title 8, California Code of Regulations (OCR), and d. RCRA, EPA, DOT, and State requirements for waste management, including profiling, labeling, manifests, transport, and disposal. Accreditation, Certification, and Work Practices for Lead-Based Paint and Lead Hazards, Title 17, CCR, Division 1, Chapter 8. The Contractor shall bring any conflict to the attention of Project Manager. In general, the National Engineering Consulting Group Inc. Contract Exhibit A Page 3 of 9 more stringent requirements shall apply, unless directed otherwise by the DTSC Project Manager. The Contractor and its staff performing the LBP abatement work shall be currently licensed and qualified for the intended activities, including Federal and State certification for lead workers. DTSC or the individual property owner/resident may monitor the Contractor?s work. DTSC will identify the specific properties that the Contractor shall address under this Contract and the order in which the properties shall be addressed. This Contract addresses LBP on exterior surfaces; no inspection, abatement, or testing is anticipated for interior surfaces. Payment of Prevailing Wages and Related Requirements. The Contract entails the performance of ?public work" for purposes of California Labor Code section 1770 et seq. The Contractor will cause work pursuant to the Contract to be performed as a public work for purposes of California Labor Code section 1770, in compliance with California Labor Code section 1770 et seq. and related laws, implementing regulations, and guidance. Work in furtherance of the Contract is subject to compliance monitoring and enforcement by DIR. The Contractor shall ensure the following, in compliance with California Labor Code section 1770 et seq. and related laws, California Code of Regulations, title 8, section 16000 et seq, and guidance issued by DIR: a. prior to performance of work pursuant to the Contract, the Contractor and each d. subContractor are registered with DIR, pursuant to California Labor Code section 1725.5 and 1771.1, subdivision the Contractor shall provide DTSC with evidence of such registration by each prospective subContractor prior to entry into the subContract, pursuant to California Labor Code section 1771.1, subdivision workers employed in furtherance of the Contract by the Contractor, or by any subContractor, are compensated and employed in compliance with the General Prevailing Wage Determinations issued by DIR (?Prevailing Wage Determinations?), pursuant to California Labor Code section 1771; the Prevailing Wage Determinations are available at are on file at principal office, and will be made available by DTSC upon request; notices regarding applicable prevailing wage rates are posted at each job site, or at a single location that is readily available to all workers, as required by California Labor Code section 1771.4 and implementing regulations; the Contractor and all subContractors shall: i. keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, National Engineering Consulting Group Inc. Contract Exhibit A Page 4 of 9 apprentice, worker, or other employee employed in furtherance of the Contract, as required by California Labor Code section 1776; ii. verify such payroll records under penalty of perjury under the laws of the State of California, as described in California Labor Code section 1776; submit such records directly to the California Labor Commissioner, as required by California Labor Code section 1771.4, subdivision and iv. comply with all other requirements of California Labor Code section 1776; payroll records and other records of performance of work may be inspected upon request by DIR or DTSC, for purposes of monitoring compliance with - referenced laws in fulfillment of the Contract; . the Contractor monitors the payment of the specified general prevailing rate of per diem wages by each subContractor to its employees, by periodic review of the certified payroll recOrds of each subContractor; upon becoming aware of the failure of the subContractor to pay his or her workers the specified prevailing rate of wages, the Contractor shall diligently take corrective action to halt or rectify the failure, including, but not limited to, retaining sufficient funds due the subContractor; prior to making final payment to a subContractor, the Contractor shall obtain an affidavit signed under penalty of perjury under the laws of the State of California from the subC'ontractor that the subContractor has paid the specified general prevailing rate of per diem wages to his or her employees, any amounts due pursuant to California Labor Code section 1813; the Contractor complies with any request of the Labor Commissioner to withhold and transfer money otherwise due to a subContractor, in order to satisfy a wage and penalty assessment, pursuant to California Labor Code section 1727, subdivision the Contractor acknowledges that DTSC may withhold amounts otherwise due to the Contractor in order to satisfy a Civil Wage and Penalty assessment issued by the Labor Commissioner, pursuant to California Labor Code section 1727, subdivision - . deficient wages are paid to workers, and penalties determined by the Labor Commissioner are satisfied, by the Contractor and by all subContractors, in compliance with California Labor Code section 1775 and implementing regulations and guidance; all subContracts of any tier shall include a copy of the provisions of California Labor Code sections 1771, 1775, 1776, 1777.5, 1813, and 1615; . - the Contractor and all subContractors shall comply with requirements related to employment of apprentices, set forth in California Labor Code section 1777.5, related regulations, and guidance from the Contractor and all subContractors shall comply with the working hours requirements set forth in California Labor Code section 1810 et seq, including payment of overtime wages; . the Contractor and all subContractors shall comply with the workers compensation insurance requirements of California Labor Code sections 1860 and 3700 et seq; Contractor and each subContract shall sign and file with DTSC the following certification prior to performing work pursuant to the Contract: am aware of the provisions of section 3700 of the California Labor Code which require every employer to be insured against liability for workers? compensation or to undertake self?insurance in accordance with the provisions of that code, and I will comply with- National Engineering Consulting Group Inc. Contract 17-T4424 Exhibit A Page 5 of 9 such provisions before commencing the performance of the work of this Contract?; and k. no subContractor that is currently debarred by the Labor Commissioner from performing work on public works, pursuant to. California Labor Code section 1777.1 shall perform work on the Contract. The Contractor and subContractors may contact DIR to obtain authoritative and complete instructions regarding their responsibilities regarding prevailing wage requirements and other requirements described above. Oral statements by DTSC staff regarding responsibilities of the Contractor and subContractors regarding the above-referenced laws may not be relied upon by the Contractor. DTSC will take cognizance of violations of the above-referenced laws, regulations, and guidelines, and will assist DIR in monitoring and enforcement actions, including by withholding amounts due as required by California Labor Code section 1727, notwithstanding any other provisions of this Contract. National Engineering Consulting Group Inc. Contract Exhibit A Page 6 of 9 A. Task 1 Premobilization Activities The scope of work for Task ?1 Premobilization Activities is as follows: 1. Before initiating field activities at the first property, the Contractor shall: a. Submit a health and safety plan for the Project, which may include job hazard analyses (JHA) and standard operating procedures (SOP) for LBP abatement. b. Submit a LBP abatement work plan for overall Project activities. 0. Compile a written respiratory protection plan and medical examination plan as required by 29 Code of Federal Regulations (CFR) 1926.62 and employee training certifications for hazardous waste operations and lead work, and have this information available if requested by DTSC. d. Designate a waste transporter and have a copy of the transporter?s - applicable licenses available if requested by DTSC. e. Designate a waste disposal facility (or facilities) and have a copy of the facility's applicable certifications and licenses available if requested by DTSC. f. Compile safety data sheets (SDS) for all products and worker I protection equipment and have this information available if requested by DTSC. 2. After DTSC notifies the Contractor of each individual property to be addressed, the Contractor shall: I a. Participate in a pre-abatement planning meeting with DTSC and the property owner/resident, as arranged by DTSC. The meeting shall include a visual inspection of the anticipated work area and . documentation (by the Contractor) of pre?abatement conditions, such as a site sketch or photographs of the paint condition, and the presence of paint chips in soil around the building perimeter. b. Submit a property-specific abatement plan that: i. Defines the locations and features where LBP abatement will be performed, I ii. Identifies emergency contact information and emergency procedures, - - Provides an anticipated abatement schedule, iv. Specifies site work areas (including exclusion and decontamination zones, as necessary), equipment storage/staging areas, and waste storage areas. National Engineering Consulting Group Inc. Contract 17-T4424 Exhibit A Page 7 of 9 B. Task 2 LBP Abatement The scope of work for Task 2 LBP Abatement is as follows: 1. No work shall begin without the approval of DTSC and the. property owner/resident. In the event of winds in excess of 20 miles per hour, work will stop, and all debris will be cleaned up immediately. The Contractor shall establish work areas as defined in the property?specific abatement plan. The Contractor shall mark exclusion, security, and waste storage areas using barrier tape, signage (inEnglish and Spanish), and other appropriate measures. The Contractor is responsible for the security of its equipment and waste materials during non-working hours. The Contractor . shall provide restroom facilities for site workers. The Contractor shall use personal protective equipment (PPE) following applicable laws and regulations, which may include air-purifying respirators, disposable coveralls and booties, gloves, hard hats, and hearing and ?10. protection. . - The Contractor shall securely attach a double layer of 6?mil (or comparable) plastic sheeting around the perimeter of the building to a minimum distance of 10 feet, where possible, to collect LBP chips removed during the abatement. This barrier may be attached in increments as work progresses around the building. All plastic sheeting shall be removed daily and cleaned or disposed before leaving the work site. The Contractor shall remove LBP from the identified areas using tools and techniques that are consistent with Federal, State, and local regulations and guidance. The Contractor may, with approval from DTSC and the owneriresident, choose to replace windows, doors, or other exterior features if replacement would be a more cost-effective and functional method of removing the lead hazard than stripping the LBP. After LBP abatement activity, the Contractor shall apply a primer and new paint that are compatible with the building surface; the color must be acceptable to the ownerfresident. Depending on the nature of the abatement and the types of methods employed, clearance criteria may be established before the work begins. If the clearance sample results are higher than permissible, the Contractor shall address the issue until acceptable levels are met. - After the abatement, the Contractor, DTSC, and the ownerfresident will - conduct a visual inspection to: - a. Verify that visible dust or paint chips are not present in or adjacent to the work areas (other than what was identified during the pre? abatement planning meeting), b. Verify that all work was completed as specified, National Engineering Consulting Group inc. Contract Exhibit A Page 8 of 9 0. Survey collateral damages caused by the abatement Contractor and establish a timetable for repairs. 11. After approval of the work, the Contractor shall remove the. signage, tools, equipment, excess supplies, and waste materials from the property. 12. The Contractor shall prepare waste management documentation profiles and manifests) and shall arrange and provide for waste transport and disposal in accordance with applicable laws, regulations, and guidelines. C. Task 3 Completion Report The Contractor shall prepare a Completion Report for each individual property that documents the abatement project, including: 1. The .date, attending parties, and key decision from the pre-?abatement planning meeting. 2. A description'of the abatement, site restoration, and waste management activities. 3. Any sample results obtained and interpretation of those results. Maps, figures, and photographs documenting the location and extent of abatement activities. The Contractor shall submit a draft version of the Completion Report to DTSC for review, and revise and finalize the report based on DTSC review comments (if any). D. Task 4 Project Management Activities The Contractor shall manage the project in accordance with terms in the Master Agreement. Project management activities will include: 1. Participation in a project kick?off meeting, to be attended by key representatives from DTSC and the Contractor. The meeting is anticipated to be a conference call of up to 2 hours. 2. Participation in additional coordination/pregress meetings, as requested by DTSC (assume up to 4 meetings, each as 1-hour conference calls). 3. The Contractor shall closely manage the overall project budget and be prepared to provide weekly budget status updates to the DTSC Project Manager upon request. The weekly budget status update should I include the followingi a. Number of properties completed to date b. Cost per property 0. A projection of how many additional properties can be abated with the remaining budget National Engineering Consulting Group Inc. Contract 17-T4424 Exhibit A Page 9 of 9 d. A plan for partial abatement if available funds are insufficient to complete the final property 4. _The Contractor shall submit invoices on a per?property basis upon submittal of the final Completion Report for each property. All labor, materials, and expenditures must be completed by June 15, 2018, and final invoice must be submitted by June 20, 2018 E. Project Schedule Task Description/Deliverables Schedule Within 10 days of Start Work Order for the first property, then within 5 days after receiving notice from DTSC of the location for subsequent properties 1 Premobilization Activities Within 5 days of DTSC authorization to 2 LBP Abatement proceed to individual properties Draft within 15 days of completing field activities 3 Completion Report Revise as necessary within 10 days of receipt -- of DTSC comments Final when approved by DTSC Initiate immediately upon Start Work Order and complete all project work by May 30, 2018 4 Project Management Activities National Engineering 8 Consulting Group Inc. Contract 17-T4424 Exhibit Page 1 of 3 EXHIBIT BUDGET DETAIL AND PAYMENT PROVISIONS 4. invoicing and Payment. See Master Contract for details. The last invoice shall be received no later than by the Contract end date, June 11, 2018. Budget Contingency Clause. See Master Contract 17-T4308 for details. Prompt Payment Clause I See Master Contract 17-T4308 for details. Compensation See Master Contract 17-T4308 for details. The Budget shall not exceed $130,782.00 and the Contract total breakdown is as follows: Total Contract Amount Labor $36,100.00 Other Direct Costs $85,000.00 Travel $545.00 Fee $8,500.00 Contingency $637.00 Total $130,782.00 The DTSC Contract Manager may move funds between line items in the Budget as long as it does not exceed the total budgeted amount. Access to and use of funding from the contingency line item shall be directed by the DTSC Contract Manager only and requires written approval by the DTSC Contract Manager through a Work Order. National Engineering Consulting Group Inc. Contract 17-T4424 Exhibit Page 2 of 3 Schedule of Other Direct Cost Items Other Direct Cost items which may be used during the performance of this Contract which are not included in Contractor?s overhead will be billed to DTSC at the actual cost with a 10% fee and requires approval of the DTSC Contract Manager. These direct cost items include, but are not limited to, the following: ,lte_ Cost to DTSC Equipment (owned or rented) Market rental rates Laboratory Services Actual cost per test External Services Actual cost SubCOntractor Costs Actual cost External reproduction Actual cost Freight and Delivery Actual cost Materials/Supplies Actual cost Budget Detail LRBOR HQURS "Sow SERVICES Mana Ineer Estimator echnl clan orema erator Industrial nist otal Labor VEL isles - Personal mile diam Travel Abatemem Contractor (assumadto be American Services Inc. Cs Subtotal ee 6n utal OQCS ASK SUB TOTALS AL NOT TO EXCEED PROJECT COST 0791': Task# Labor Rate 145110 1?5.00 110.00 160.00 100?00 100.00 100.00 95.00 175110 79.00 110.00 65.00 24.19 5 000.00 Task 1 Pramobiliza?on Activities National Engineering Consulting Group Inc. Task 2 Abatement Contract 17-T4424 Exhibit Page 3 of 3 Task 3 Task 4 Prnject Completion Repori Management fies! Gas-t 530 1150