HomeMy WebLinkAboutAttachment No. 2STATE OF CALIFORNIA
STANDARD AGREEMENT
STD 213 (Rev 06I03)
FULLY EXECUTED
AGREEMENT NUMBER
11-T1032
REGISTRATION NUMBER
1. This Agreement is entered into between the State Agency and the Contractor named below:
STATE AGENCY'S NAME
Department of Toxic Substances Control
CONTRACTOR'S NAME
City of National City./Community Development Commission
2. The term of this
Agreement is:
Upon Approval through 8/31r2012
3. The maximum amount
$ 74,984.00
of this Agreement is: Seventy -Four Thousand Nine Hundred Eighty Four Dollars
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
Exhibit B — Budget Detail and Payment Provisions
Exhibit C* — General Terrns and Conditions
Check mark one item below as Exhibit 0:
Exhibit - 0 Special Terms and Conditions (Attached hereto as part of this agreement)
Exhibit - D° Special Terms and Conditions
Exhibit E — Additional Provisions
n
19 page(s)
2 page(s)
GTC 610
1 page(s)
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 http://www.dos.ca_gov/Defauil.aspx?alias=www.dds.ca.00v/ois
tN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.
CONTRACTOR
CONTRACTOR'S NAME (if other than an individual, state whether comoration, partnership, etc.)
City of National City/Community Development Commission
BY (Author! Slgnak,-
N 6
PRI ED NAME AND TITLE OF PERSON SIGNING
Ron Morrison, Mayor
DATE SI GN E D(Do nat type).
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ADDRESS
1243 National City Blvd.
National City, CA 91950
STATE OF CALIFORNIA
AGENCY NAME
Department of Toxic Sub
BY (aut sl.nature)
,_♦
aces Control
PRINTED NAME AND E OF PERSON SI MNG
exter, Procurement & Contracting Officer
DATE SI ED( at :we) %
ADDRESS
1001 l Street, P.O. Box 806, Sacramento, CA 95812-0806
California Depardnent of General
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Exempt per: Notice No.: 40.05
(Page 2 of 69)
EXHIBIT A
(Reimbursement Agreement)
SCOPE OF WORK
City of National City
Contract No.: 11-T1032
Exhibit A - Page 1 of 19
A. The City of National City Community Development Commission, (Applicant) agrees to
reimburse the Department of Toxic Substances Control (DTSC) for DTSC's costs incurred
in providing review, consultation and/or processing application(s) or request(s) made by
Applicant. The details of the Scope of Work are described in the Environmental Oversight
Agreement (EOA), Exhibit A, Pages 2-19 incorporated by this reference.
B. The EOA Contract/Project Managers during the term of this Contract will be:
State Agency: Applicant:
Department of Toxic Substances Conlrof:
City of National City Community Development
Commission:
Maryam Tasnif-Abbasi
Hazardous Substances Scientist
5796 Corporate Avenue
Cypress, California 90630
mtasnif a{,dtsc.ca.clov
Patricia Beard
Redevelopment Manager
City Community Development Commission
National City, CDC
1243 National City Boulevard
National City, California 91950
PBeardanationalcityca.00v
Phone: 714-484-5489
Fax: 714-484-5438
Phone: 619-336-4255
Fax: 619-336-4286
Department of Toxic Substances Control:
City of National City Community Development
Commission:
Thomas M. Cota
Performance Manager
Brownfields Environmental Restoration Prgm
5796 Corporate Avenue
tpypress, California 90630
tcata(c�dtsc.ca.clov
Brad Raulston
Executive Director
National City, CDC
1243 National City Boulevard •
National City, California 91 950
PBeard{a nationalcitvca.gov
Phone. 714-240-9253
Fax: 714-484-5438
Phone: 619-336-4255
Fax: 619-336-4286
(Page 3 of 69)
City of National City
Contract No.: 11-T1032
Exhibit A - Page 2 of 19
Environmental Oversight Agreement
For the City of National City
Contract No.
1 _ INTRODUCTION
This Environmental Oversight Agreement (Oversight Agreement) is made between the City of National
City (Agency) and the California Environmental Protection Agency, Department of Toxic Substances
Control (DTSC). The Parties intend by this Oversight Agreement to establish a mutually beneficial
working relationship and to cooperatively address Brownfields properties in the City of National City.
The Agency and DTSC both share the mission to revitalize and reuse Brownfields properties to address
known or perceived environmental contamination in order to provide significant benefits to the economy
and health of surrounding communities. DTSC is committed to working in partnership with communities
to restore contaminated properties to productive use, while ensuring that cleanups are protective of public
health and the environment. The Agency intends to alleviate the causes and effects of blight through the
construction of infrastructure improvements, improvement or construction of public facilities and public
uses, promoting improvements in commercial, industrial and residential areas, removing or alleviating the
negative effects of hazardous substances and improving, increasing and preserving the community's
housing stock.
The Oversight Agreement outlines two different scopes of work and broad approaches for DTSC to
provide technical consultation, site investigation and remediation activity support. The intent of the
Oversight Agreement is to establish a collaborative process that (1) provides a flexible process based
upon the Redevelopment Agency's needs for the project; (2) ensures the investigation and cleanup are
conducted in an environmentally sound manner; (3) requires a cleanup that results in a properly that is
safe for redevelopment; and (4) can provide liability relief for redevelopment agencies that complete the
site characterization and cleanup process. Under this Program, DTSC can also provide consultative
services to an Agency.
The Agency will select the specific Scope of Work that it believes addresses its particular needs
depending on whether the Agency is seeking (1) technical consultation only from DTSC, or (2) DTSC
assistance and response and remediation oversight in cases where the Agency intends to proceed under
the Polanco Act or other applicable laws as delerminedjappropriate by DTSC (Exhibit C),
Under this Oversight Agreement, the Agency may request (and pay for) services without any commitment
to move forward with a project or a Property or group of Properties, and may request early consultation
with DTSC, where desirable.
1.1. Purpose of Agreement. The purpose of this Oversight Agreement is to specify the process that
will be used to evaluate Brownfields properties within the Agency's and DTSC's jurisdiction under this
Oversight Agreement; to identify the properties that will be addressed under this Oversight Agreement; to
facilitate the remediation of Brownfields properties and to provide a framework for the reimbursement of
DTSC's oversight costs, and to assist the Agency and others in meeting the environmental requirements
to obtain the immunities and protections under the Polanco Redevelopment Act set forth in Health &
Safety Code §§ 3345g-33459.8 (Polanco Act), and such other California and federal statutes as may be
appropriate.
1.2. Parties. DTSC and the Agency are collectively the "Parties" to this Oversight Agreement.
(Page 4 of 69)
City of National City
Contract No.: 11-T1032
Exhibit A - Page 3.of 19
1.3. Jurisdiction.
1.3.1. Agency Jurisdiction. The Agency has general delegated authority from the State
Legislature to eliminate blight pursuant to the Health and Safely Code. In addition, Health and Safety
Code section 33459.1, subdivision (a)(1) of the Polanco Act authorizes the Agency to take any actions
that the Agency determines are necessary and that are consistent with state and federal laws to remedy
or remove a release of hazardous substances, as defined in Health and Safety Code section 33459,
subdivision (c), on, under, or from a property located in a "Redevelopment Project Area," as defined in
Health and Safety Code section 33320.1 (Project Area), whether the Agency owns the property or not, if
any one of the conditions in Health and Safety Code section 33459.1, subdivision (b) is met_ Pursuant to
Health and Safety Code section 33459.1, subdivision (c), even if the conditions in Health and Safety
Code section 33459.1, subdivision (b) are not met, the Agency may take actions to investigate or conduct
feasibility studies or, if the Agency determines that the environmental condition of a property requires
immediate action, the Agency may take actions to remedy or remove a release of hazardous substances.
The Agency shall submit satisfactory evidence demonstrating its authority to enter into this agreement to
contract with DTSC. Such evidence should include a resolution, motion or order confirming its authority.
1.3.2. DTSC Jurisdiction. Health and Safety Code section 25201.9 authorizes DISC to enter
into agreements to perform consultative services for the purposes of providing assistance in complying
with chapter 6.8 of division 20 of the Health and Safety Code. Health and Safety Code sections 33459-
33459.8 and section 58009 authorize DTSC to take proper and necessary actions for the protection and
preservation of the public health as required for the efficient exercise of DTSC's activities under the
Polanco Act.
1.4 Properties. Generally, the property or group of properties that will be the subject of this Oversight
Agreement are within Redevelopment Project Areas of concern to the Agency. A map of the
Redevelopment Project Areas located within the Agency's jurisdiction is attached as Exhibit A. The
specific properties to be included in this Oversight Agreement (Property" or group of Properties) in Exhibit
A, attached to this Oversight Agreement. The Agency may propose new Redevelopment Project Areas
and future properties for incorporation into this Oversight Agreement. If approved by DTSC, new
Redevelopment Project Areas will be incorporated into this Oversight Agreement and identified in Exhibit
A and new Properties or groups of Properties will be incorporated into this Oversight Agreement and
identified in Exhibit A.
2. AGREEMENT
THE PARTIES HEREBY AGREE THAT,
2.0. Activities to be Conducted. DTSC and the Agency will undertake activities" as specified in this
Oversight Agreement to provide for Technical Consultation by DTSC related to site investigation,
assessment, remediation and mitigation, or services related to activities to assess hazardous substances
releases as may be necessary or helpful for redevelopment. For each particular Property or group of
Properties, the parties acknowledge and agree that all work performed pursuant to this Oversight
Agreement is intended to be consistent with Health and Safety Code sections 33459-33459.8, or Health
and Safety Code sections 25300-25395.45, as appropriate.
2.0.1. Technical Consultation. Upon the request of the Agency's Oversight Agreement
Manager identified under Section 2.4 and subject to availability of DTSC resources, DTSC will provide
technical consultation to the Agency in accordance with the Scope of Work contained in Exhibit C
attached to this Oversight Agreement. Technical consultation may include, but is not limited to,
participating in meetings, conferences; workshops, and/or conference calls, researching responses to
Agency's questions, reviewing existing data and preliminary
(Page 5 of 69)
City of National City
Contract No.: 11-T1032
Exhibit A - Page 4 of 19
reports submitted by Agency or in DTSC's files, conducting site visits and performing general activities to
scope a project, including oversight of preliminary site characterization activities. Technical consultation
dot.6;lot include oversight of removal, remediation or other site cleanup activities. DTSC's completion of
the activities described in the Scope of Work for technical consultation shall constitute DTSC's complete
performance for technical consultation under this Oversight Agreement.
2,0.2. Site -Specific Property Oversight. For each Property or group of Properties subject to this
Oversight Agreement, DTSC will provide review and oversight of the activities conducted by the Agency,
as appropriate, in accordance with the Scope of Work contained in Exhibit C attached to this Oversight
Agreement that is developed by DTSC in consultation with the Agency pursuant to this Section 2.0.2,
Tasks identified for which DTSC will provide oversight will not be implemented until DTSC's provides an
approval of that Scope of Work. The Scope of Work in Exhibit C applies to a Property or group of
Properties being addressed under the Polanco Act or other state and federal Taws as determined
appropriate by DISC. The Agency will conduct activities in the manner specified in this Oversight
Agreement in accordance with a mutually agreed upon schedule. The Agency may direct or arrange for
a third party to conduct those activities in the same manner and in accordance with the same schedule.
DTSC will review and provide the Agency with written comments on all Agency deliverables as described
in the Scope of Work. For each Properly or group of Properties, DTSC will provide oversight, as
appropriate, of field activities, including but not limited to observation of sampling activities and
implementation of Cleanup Plans. DTSC's completion of the activities described in the Scope of Work for
each Property or group of Properties shall constitute DTSC's complete performance under this Oversight
Agreement for that Property or group of Properties.
2.1. Inclusion of Properties. For each Property or group of Properties the Agency proposes for site -
specific activities under this Oversight Agreement, the Agency will submit to DTSC (1) the information
required under Exhibit S for that proposed Property or group of Properties; and (2) any other appropriate
information_ DTSC will discuss with the Agency any issues regarding incorporating a proposed Property
or group of Properties into this Oversight Agreement. DTSC will provide written concurrence when it
determines that incorporating a proposed Property or group of Properties into this Oversight Agreement is
appropriate and will develop in consultation with the Agency a separate site -specific Scope of Work, site -
specific cost estimate and schedule for the Property or group of Properties. Upon approval in writing by
both the Oversight Agreement Manager for DTSC and the Agency, a revised Exhibit B, C and D for the
Property or group of Properties will be incorporated into this Oversight Agreement.
2.2. Amendment of Exhibits. Upon approval in writing by the Oversight Agreement Manager for
DISC and by the Agency, Exhibits may be amended and the Exhibits, as amended, will be incorporated
into this Oversight Atement.
2.3 Additional Activities_ Additional activities to the agreed upon Scope of Work may be conducted
and DTSC oversight provided by amendment to an Exhibit in accordance with Sections 2.2 and 2.7. If
DTSC expects additional oversight costs to be incurred related to these additional activities, DTSC will
provide an estimate of the additional oversight cost to the Agency as an amendment to Exhibit D, and/or
C, as applicable, as provided in section 2.7_
2.4 Oversight Agreement Managers and Project Managers. Thomas M. Coto is designated by
DTSC as its Manager for this Oversight Agreement. Patricia Beard is designated by the Agency as
Manager for this Oversight Agreement. Each Party to this Oversight Agreement will provide at least ten
(10) days advance written notice to the other of any charge in its designated Oversight Agreement
Manager. DTSC and the Agency may designate a Project Manager for any Property or group of
Properties incorporated into this Oversight Agreement. Both DTSC and the Agency reserve the right to
appoint different Project Managers, pursuant to this Oversight Agreement, for different projects that may
be ongoing at the same time.
(Page 6 of 69)
City of National City
Contract No.: 11-T1032
Exhibit A - Page 5 of 19
2.5 Notices and Submittals.
2.5.1 All notices, documents and communications that are to be given under this Oversight
Agreement. unless otherwise specified, will be sent to the respective Parties at the following addresses
To DTSC:
Thomas M. Cote
Performance Manager
Brownfields Environmental Restoration Program
5796 Corporate Avenue
Cypress, California 90630
To the Agency:
Patricia Beard
Redevelopment Manager
City Community Development Commission
City of National City
1243 National City Blvd
National City CA 91950
2.5.2 The parties will give such notices to known property owners and other parties as required
by applicable law. (See Exhibit B for known property owners for each Property or group of Properties.)
2.6 DTSC Document Review and Approval. If DTSC determines that any report, plan, schedule or
other document submitted for approval pursuant to this Oversight Agreement does not meet the
conditions in this.Oversight Agreement or fails to protect public health or safety or the environment, DTSC
will consult with the Agency and either (1) return comments to the Agency with recommended changes or
(2) modify the document, with Agency concurrence, as deemed necessary and approve the document as
modified.
2.7 Payment. An estimate of DTSC's oversight costs for Technical Consultation is contained in
Exhibit D (as applicable) and an estimate of DTSC's oversight costs for each Property or group of
Properties with respect to the Scope of Work described in Exhibit C is :contained in Exhibit D. All Parties
understand that a Cost Estimate will be prepared for each Property or group of Properties and
incorporated into this Oversight Agreement per Section 2.1. Such Cot Estimates shall include all labor,
materials and expenses incurred by DTSC in performing the services contemplated by this Oversight
Agreement and specified in the Scope of Work for such Property or group of Properties. The Parties
understand that the Cost Estimates set forth in Exhibits D are estimates and cannot be relied upon as the
final cost figure. The Agency agrees to pay (1) all costs incurred by DTSC and in association with
preparation of this Oversight Agreement and for review of documents submitted by the Agency prior to
the effective date of the Oversight Agreement; and (2) all costs incurred by DTSC in implementing and
providing oversight or conducting other activities pursuant to this Oversight Agreement. Costs incurred
include interest on unpaid amounts that are billed and outstanding more than 60 days from the date of
DTSC's quarterly invoice. DTSC will notify the Agency in writing when it approaches charges of sixty-five
percent (65%) of the total Cost Estimate prepared for a Property or group of Properties. The parties
agree to evaluate the budget to determine if either a revised estimate or scope of work is needed at the
time of the written notice or whether the Agency wishes to terminate as provided in Section 24 of the
Standard Provisions. If DTSC or the Agency anticipates a change in the Scope of Work or the need for
revision of the Cost Estimate, DTSC will provide a revised estimate in advance of exceeding the total cost
estimate.
(Page 7 of 69)
City of National City
Contract No.: 11-T1032
Exhibit A - Page 6 of 19
2.7.1 In anticipation of the services to be rendered under this Oversight Agreement, the
Agency will make an advance payment of $37,492 to DTSC no later than thirty (30) days after the
effective date of this Oversight Agreement. If the Agency's advance payment does not cover all costs
payable to DTSC under this subsection, DISC will invoice the Agency quarterly. The Agency agrees to
pay the additional costs within sixty (60) days of receipt of DTSC's quarterly invoice.
2.7.2 All payments made by the Agency for activities performed for a Property or group of
Properties pursuant to this Oversight Agreement will be by check made payable to the "Department of
Toxic Substances Control," and bearing on its face the project code for the Property or group of
Properties (See Exhibit B) and the Contract Number of this Oversight Agreement. All payments made by
the Agency for DISC activities performed pursuant to this Oversight Agreement, but not applicable to a
Property or group of Properties will be by check made payable to the "Department of Toxic Substances
Control" and bearing on its face the project code for this Oversight Agreement [401477 (11 WP)] and the
Contract Number of this Oversight Agreement. Payments should be sent to:
Department of Toxic Substances Control
Accounting/Cashier
1001 I Street, 21 5I Floor
P.O. Box 806
Sacramento, California 95812-0806
2.8 Exhibits. Standard provisions of this Oversight Agreement are contained in Exhibit E (Oversight
Agreement Standard Provisions), which is attached to This Oversight Agreement. ATI exhibits attached to
this Oversight Agreement, including Exhibit E, are incorporated into this Oversight Agreement by
reference.
2.9. Effective Date. The effective date of this Oversight Agreement is the date when this Oversight
Agreement is fully executed.
2.10. Representative Authority. Each undersigned representative of the Parties to this Oversight
Agreement certifies that she or he is fully authorized to enter into the terms and conditions of this
Oversight Agreement and to execute and legally bind the Parties to this Oversight Agreement.
2.11. Counterparts. This Oversight Agreement may be executed and delivered in any number of
counterparts, each of which when executed and delivered shall be deemed to be an original, but such
counterparts shall together constitute one and the same document.
Date:
Tamarra Axton
Chief, Contract Development
Contracts &Business Management Branch
Department of Toxic Substances Control
Date:
Patricia Beard
Redevelopment Manager
City Community Development Commission
City of National
(Page 8 of 69)
City of National City
Contract No.: 11-T1032
Exhibit A - Page 7 of 19
EXHIBITS
A. MAP OF CITY THAT IDENTIFIES THE REDEVELOPMENT PROJECT AREA (S) WITHIN
AGENCY'S JURISDICTION & PROPERTY WITHIN REDEVELOPMENT AREA
B. PROPERTY DESCRIPTION FOR EACH INCLUDED PROPERTY
C. SITE SPECIFIC SCOPE OF WORK FOR REMEDIATION OVERSIGHT SCOPE OF WORK
D. SCHEDULE AND COST ESTIMATES FOR EACH INCLUDED PROPERTY OR GROUP OF
PROPERTIES FOR REMEDIATION OVERSIGHT SCOPE OF WORK
E. OVERSIGHT AGREEMENT STANDARD PROVISIONS
F. SAMPLE RESOLUTION AUTHORIZING AGENCY TO CONTRACT WITH DTSC
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(Page 10 of 69)
City of National City
Contract No.: 11-T1032
Exhibit A - Page 9 of 19
EXHIBIT B
PROPERTY DESCRIPTION FOR EACH INCLUDED PROPERTY
Property Name, Location
Site Description
Site History
,;,r , i.
National City
The Site is the "Facility-
The City has operated a public
--1 �+ �
Public Works Yard
side property of the
works yard at 2100 Hoover
�s 4'
2100 Hoover Avenue
National City Public
Avenue since 1973 when it
National City, California
Works Yard, located in
acquired the property. Prior to
San Diego County
an area of National City
the date of acquisition, the
a �'
Assessor's Parcel Numbers
that is known as the
subject property was
h u
(APNs) 559 124 05, 560-396-
Westside Neighborhood.
undeveloped. The City is
.:4'
06, and 560-396-08.
The Public Works Yard
planning to relocate its public
s a„.
Owned by
is made upof two
works yard and redeveto the
P
separate areas,
subject property to include...
City of National City"'.,
designated as the
residential homes. To assess
4
'Facility -side and the
whether chemicals of concern
};' " x
"Park -side" properties.
The Facility -side
property consists of an
have been released to then
environment as a result of
historic rand use practices, the
fit._,
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'. �sy- - ^`�
r= a
approximate 4.6-acre
vehicle and equipment
City has completed multiple
environmental studies including
,
maintenance facility that
a Phase !Environmental Site
=; ,,<•ar; xw
is located on the east
Assessment (ESA) and Phase
t' t71:
I
side of Paradise Creek.
1l Site Investigation (St). IntiF*^
consideration of the City's
intended redevelopmentplans,
p
DTSC worked with the Agency
to conduct additional
investigations to determine
steps needed to ensure a sate
development. It was
determined that localized
hotspot removal and a risk
based approach to the City's
specific construction plans
would be considered.
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Note: This table was prepared by M. Tasnif-Abbasi on 7/6/2011
(Page 11 of 69)
City of National City
Contract No.: 11-T1032
Exhibit A - Page 10 of 19
EXHIBIT C
REMEDIATION OVERSIGHT SCOPE OF WORK
CITY OF NATIONAL CITY
TOD REDEVELOPMENT PROJECT
The scope of work under this Oversight Agreement may include, but not be limited to, the tasks
described in this exhibit. Please note that the scope of work may be modified based on Agency
and Department discussions.
Task 1 Property Mitigation Plan
The Agency proposes submittal of a Property Mitigation Plan (PMP) to be used as a road map for project
activities, consistent with the attached Schedule, for review and approval by the Department. This Plan
will include additional, recently acquired data, summarize all existing data and investigations to date, and
propose an overall plan for ultimate mitigation of environmental impacts at this site. Please refer to
"Attachment 1" for a listing of environmental studies and reports for this site.
The Agency expects to propose a PMP on a risk -based approach that will contain sufficient data to
propose remedial action objectives and clean up goals, and will include an analysis of alternative
remedial measures that could be used for this Project. The Agency wilt propose a PMP that will include
the elements necessary to support its recommendations; including, for example, a risk evaluation and
clean up determination for the future residential use of the Project site relying on removal of some
impacted media, engineering controls to safely isolate site users from other impacted media, land use
controls to advise researchers and future site owners and users about the types and locations of any
impacted media left at the Project Site; with the necessary and appropriate level of analysis for the
elements of a remedial alternative evaluation (sufficient to satisfy the need for a Feasibility Study); leading
to a recommendation for Remedy Selection as described in Task 6. The Property Mitigation Plan (PMP)
will describe and illustrate the nature and properties of the future site redevelopment project sufficiently to
guide and inform the decisions required for Tasks 2, 3 and 4.
The Agency will undertake its risk evaluation using DTSC-approved models, comparing risks at the site
before and after implementation of risk mitigation measures, including soil excavation and offsite disposal,
installation of engineering controls, and institutional controls.
The Agency anticipates either including in the PMP or providing as separate deliverables information
concerning:
1) Quality Assurance and Controls
2) Soil Management and transportation proposals
3) Site Preparation Plan, if required
4) Environmental Substructure and Spills Contingency Plan.
The Agency shall also provide a copy of the Health and Safety Plan for the Project.
TASK 2. Risk Evaluation and Cleanup Level Determination.
If the Agency decides to proceed with a remedy or removal action, a scoping meeting may be held to
discuss how the risk evaluation and cleanup level determination will be conducted for the Property or
group of Properties. If appropriate, the Agency may conduct a risk evaluation consistent with U. S. EPA
Risk Assessment Guidance for Superfund (EPA/540/1-89/002) and DTSC's Supplemental Guidance for
Human Health Multimedia Risk Assessments of Hazardous Waste Sites and Permitted Facilities. This
(Page 12 of 69)
City of National City
Contract No.: 11-T1032
Exhibit A - Page 11 of 19
evaluation should identify the chemicals of concern and potential routes of exposure; characterize the
potential risk; evaluate potential risks to environmental receptors; consider existing and contemplated
use of the Property or group of Properties; and identify site cleanup goals. If DISC agrees, this
information may be submitted in the Remedy Selection Document or Remedial Action Plan or another
document combining one or more tasks contained in this agreement. The parties recognize that,
depending on the site characterization and the proposed remedy or removal action, a site specific risk
evaluation may not always be necessary. However, the following information must be included in the
remedy selection document: identification of chemicals of concern, remedial action objectives and
cleanup goals and discussion of the derivation of the cleanup goals as appropriate.
TASK 3. Feasibility Study.
The objective of this task is to evaluate feasible remediation and response alternatives. If the Agency
decides to proceed with the remedy or removal action, reasonable potential alternatives for the
remediation of a Property or group of Properties and response to the presence of hazardous substances
should be evaluated, including the "no action" alternative. Such an evaluation may be incorporated in the
Remedy Selection Document, or may, if the analysis is complex, be addressed in a separate study or
report. The evaluation should (a) identify the goals for the cleanup based upon current and projected
future land uses; (b) evaluate feasible alternatives to meet these goals; and (e) recommend a preferred
alternative. The feasibility study may be included in or combined with the Remedy Selection Document or
the "Remedial Action Plan" or the "Cleanup Plan" or other document, as approved by DTSC.
TASK 4. Remedy Selection Document.
The purpose of the Remedy Selection Document is to summarize results of the site characterization, risk
evaluation and feasibility study and to describe the remedial action or removal plan. The remedy
selection may be entitled "Remedy Selection Document," "Remedial Action Plan" (RAP) or "Cleanup
Plan' and may include other tasks described herein. The document will address all the components
The document shall address the following:
(a) a description of the site, site history, site environmental setting, and contamination;
(b) a summary of the risk evaluation conducted, 11 necessary;
(c) current and contemplated land uses of the Property or group of Properties;
(d) zoning and general plan designation of the Property or group of Properties;
(e) the goals to be achieved by the cleanup;
(f) a summary description of the feasibility study conducted;
(g) a description of the recommended alternative (including any required and/or suggested land use
covenants, an operation and maintenance agreement and plan, financial assurance and other
operation and maintenance requirements, as appropriate);
(h) implementation and enforcement plan if operation and maintenance requirements are identified or
if a land use covenant is necessary;
(i) the name of the party, if not the Agency, who will be responsible for implementing and operating
the final remedy, including any remedy requiring a startup operation period; and
(j) an administrative record list.
Within sixty (60) days of DTSC's written approval of the final RAP or Cleanup Plan, DISC will
acknowledge, in writing, that upon proper completion of the final RAP or Cleanup Plan, the immunity
provided by Health and Safety Code section 33459,3(b) shall apply to the Agency.
TASK 5. California Environmental Quality Act (CEQA).
DTSC and the Agency will discuss what CEQA documents are necessary and who shall prepare the
necessary CEQA documents, as well as the appropriate Lead Agency and Responsible Agency under the
(Page 13 of 69)
City of National City
Contract No.: 11-T1032
Exhibit A - Page 12 of 19
CEQA process. DTSC and the Agency will work together to ensure that the proposed environmental
document contains the information necessary for the Agency and DTSC to evaluate impacts from the
proposed remedialion. It is the goal of both DTSC and the Agency that the CEQA document be used by
both entities in meeting their respective obligations under CEQA. If, however, for reasons specific to the
Project, the processes cannot be efficiently combined, then DTSC will prepare its own CEQA document
for the RAP or Cleanup Plan. If required, the Agency shall submit the information necessary for DTSC to
prepare this document.
TASK 6. Implementation of Final Project Mitigation Plan (PMP)
Subject to the provisions of Section 5 of the Standard Provisions concerning endangerment during
implementation, nothing herein will require the Agency to proceed with implementation of a RAP or
Cleanup Plan with respect to any Property or group of Properties if it determines not to do so. The
Agency will provide DTSC with written notice of the Agency's decision to either implement or not
implement the Final RAP or Cleanup Plan. Upon DTSC approval of the RDIP (or RAP or Cleanup Plan, if
the RAP or Cleanup Plan incorporates the RDIP) and schedule, and if the Agency decides to proceed
with the remedy or removal action at a Property or group of Properties, the Agency will implement or will
direct the implementation of the approved final RAP, Cleanup Plan, or RDIP, as applicable, in accordance
with the approved schedule. At the completion of field work, the Agency (or such other party conducting
the remediation or other response or removal actions with respect to a Property or group of Properties)
will submit a final Implementation Report discussing the work completed and noting any deviations from
the approved plan. Within 60 days of the date DTSC finds that a remedial or removal action has been
properly completed in accordance with the Final RAP or Cleanup Plan, DTSC will notify the Agency, in
writing, that the immunity provided by Health and Safety Code section 33459.3, subdivision (c) is in effect.
This immunity extends to other such parties entitled to immunity pursuant to Health and Safety Code
Section 33459.3(e). In the event that Operation and Maintenance is required, the Parties agree that the
immunity provided by Health and Safety Code section 33459.3(e) shall be expressly conditioned upon the
satisfactory performance of all responsibilities pursuant to Task 11 of this Agreement. In the event that
DTSC finds that the remedy is not functioning properly and successfully, and performing as designed, or
that the remedy will not attain the final performance standards or cleanup goals specified in the final RAP,
Cleanup Plan, or RDIP (including the implementation and enforcement of institutional controls if
applicable), DTSC will, as soon as administratively feasible, notify the Agency.
TASK 7. Changes During Implementation of the Final RAP or Cleanup Plan.
If during implem ntation of the final RAP, Cleanup Plan and/or RDIP, DTSC determines that additions,
modifications or visions to such document may be necessary to protect human health and safety or the
environment or to implement the final RAP, Cleanup Plan and/or RDIP, DTSC will, as soon as
administratively feasible, notify the Agency and the parties will determine the appropriate revisions to
such document; provided, however, and subject to the provisions of Sections 5 and 23 of the Standard
Provisions concerning endangerment during implementation, nothing herein will require the Agency to
continue to proceed with the implementation of the modified RAP, Cleanup Plan or RDIP with respect to a
Property or group of Properties if it determines not to do so.
The Agency and DTSC shall identify contact personnel so that any necessary changes during
implementation that may be required as a result of field conditions can be resolved, if possible, through
telephone communications or on -site meetings in order to achieve "real-time° decision making and avoid
construction} delays. The accelerated approach set forth in the PMP requires rapid decision making
based on field data and analysis.
TASK 8. Public Participation.
(a) The Agency and DTSC will conduct appropriate public participation activities given the nature of
(Page 14 of 69)
City of National City
Contract No.: 11-T1032
Exhibit A - Page 13 of 19
the community surrounding the Property or group of Properties and the level of community interest. The
Agency will work cooperatively with DTSC to ensure that the affected and interested public and
community are involved in the decision -making process applicable to the clean-up of the Property or
group of Properties, taking into account the Agency's existing public participation capabilities and
procedures. DTSC and the Agency will strive to integrate the public participation activities associated
with the RAP or Cleanup Plan with the public participation activities associated with the development of
the Properties or group of Properties to the maximum extent possible.
(b) A scoping meeting may be held to determine the appropriate activities that wilt be conducted to
address public participation, If necessary, the Agency will then prepare a public participation plan for the
Property or group of Properties that describes the proximity of homes and/or schools, day care facilities,
churches, and similar uses; the current and proposed land uses within and adjacent to the Property or
group of Properties; media interest; and involvement of community groups and elected officials. The plan
shall also include a mailing list, identify appropriate information repositories, and specify the public
participation activities that the Agency will undertake to provide opportunities for public involvement in
site -related decisions. The Agency and DTSC will evaluate whether a fact sheet and public notices are
necessary, as well as their content, distribution and circulation, and whether a public meeting is
appropriate depending on the circumstances and the nature of the remedial or removal action, as well as
any other public participation procedures.
More specifically, the Agency shall collaborate with DTSC to consider undertake the following public
participation activities to ensure active public participation in the Project:
A. Assessment of Community Interest. The Project is of high public interest to the community.
Creation of additional affordable housing uses and removal of blighting conditions are a key component of
the Redevelopment Plan for this portion of National City.
B. Participation of Other Stakeholders. The Project was initiated by the Agency, relying on its
authority under the Polanco Redevelopment Act and the Community Redevelopment Law of the Health
and Safety Code. Ultimately, the Project will require approval at various levels of municipal government,
and the Agency will, in furtherance of its statutory duties, conduct further Public Participation activities as
described herein.
C. Approval of Project Activities. Approval of Project activities has been and continues to be taken
by the Agency's Board of Commissioners, a seven -member body created under provisions of the
California Community Redevelopment Law. Agendas for meetings of the Commission are published in
advance and actions are taken in public session. Most actions of the Agency are also reviewed and
approved by the full City Council, and the Mayor.
D. Assignment of Agency Community Affairs Specialist. Public outreach for activities to be
undertaken under the approved PMP will be assigned a coordinator who will coordinate as necessary
with DTSC and be responsible for liaison with appointed and elected citizen participation groups and
dissemination of information to adjoining property owners, businesses, and tenants. The Agency will
coordinate with DTSC on public relations activities as necessary.
E. Preparation and Distribution of Fact Sheet. The Agency shall prepare a Fact Sheet on the
environmental conditions found at the site, and the cleanup activities proposed to be undertaken under
the PMP, for presentation to and approval by DISC. This fact sheet will identify Agency and DTSC
contact persons who can provide additional information on the cleanup activities proposed, and will
identify how interested parties can provide public comment on the proposed cleanup activities. The Fact
Sheet will be distributed to the contacts listed in Section F, Task 11 of this Agreement.
F. Document Depository. The Agency shall establish and maintain a public depository of the PEA
and the PMP and its supporting implementation plans for review by the public, and shall include notice of
(Page 15 of 69)
City of National City
Contract No.: 11-T1032
Exhibit A - Page 14 of 19
the availability of the depository in the Fact Sheet and any public notices on cleanup plan activities.
Project documents will also be maintained on the Agency's web site.
G. Notices of Proiect Activities. The Agency shall provide notices of Project activities at key points in
the implementation of the PMP and its associated redevelopment project:
1. Thirty days prior to start of physical activities at the site (additional environment investigation
and clean up activities as set forth in the PMP)
2. During cleanup activities, if material changes in scope or duration occur after the original
notices.
3. Upon completion of work and issuance of the DTSC Certificate of Completion or No Further
Action Letter.
Information notices will be distributed as follows:
1. The Project Area Citizen Advisory Committee. The CAC for the Project Area is the official
advisory body for redevelopment activities. It consists of appointed community residents and
business representatives.
2. Neighborhood Council, as needed
3. List of persons wishing to be kept informed. The Agency maintains an official mailing list of
persons expressing interest in being kept informed of Agency activities and will mail or email
the notices of Project activities to each person on the list.
4. Owners, businesses, and tenants within 500 feet of the Project site. The Agency will mail
notices to all owners of record, and will hand -deliver notices to each business and tenant, with
500 feet of the Project site.
5. Signage_ Prior to the start of any investigation or cleanup activity, The Agency shall place a
sign on the Project site, noticing the activity and providing contact information.
H. Additional Project Meetings as Needed. Depending on community reaction and comment to the
Project activities listed above, additional meetings may be convened to provide opportunities for
additional input into the cleanup activities proposed for the Project.
TASK 9. Land Use Covenant.
If required pursuant to California Code of Regulations, title 22, section 67391.1, the Parties agree that the
final RAP or Cleanup Plan will contain a requirement for a land use covenant imposing appropriate
limitations on land use when hazardous substances, hazardous materials, hazardous constituents or
hazardous wastes will remain at the Property or group of Properties at levels that are determined by
DTSC as not suitable for unrestricted use of the land. If DISC determines a land use covenant is
necessary, the Agency agrees to sign and record a land use covenant approved by DTSC, or if the
Agency is not the Property Owner, the Agency will arrange for the Property Owner to sign and record the
land use covenant approved by DISC. The land use covenant must be recorded in the County where the
land is located prior to DTSC's determination that a remedial or removal action has been properly
completed in accordance with the final Remedial Action Plan or Cleanup Plan for a Property or group of
Properties.
TASK 10. Operation and Maintenance (O&M).
The Agency will comply with, or arrange for compliance with, all operation and maintenance (O&M)
requirements or other institutional control measures, in accordance with the final RAP or Cleanup Plan (if
needed). The Agency shalt designate in the final RAP or Cleanup Plan the parties that will enter into an
(Page 16 of 69)
City of National City
Contract No.: 11-T1032
Exhibit A - Page 15 of 19
O&M Agreement, or otherwise be responsible for compliance with all O&M requirements, prior to
certification of the Property or group of Properties. Compliance with any applicable O&M Agreement, and
any lane covenant or other institutional control measures, must be included as a requirement for any
oe'nc /lessee in a purchase and sale agreement for the Property or group of Properties. Any party
that is responsible for O&M shall notify DTSC of any transfer of operation and maintenance
responsibilities al least 30 days prior to such transfer. DTSC may, at its discretion, require the transferee
lo enter into a new O&M Agreement.
EXHIBIT E
OVERSIGHT AGREEMENT STANDARD PROVISIONS
1 _ The Standard Provisions in this Exhibit E are incorporated by reference into and are a part of the
Oversight Agreement. The Standard Provisions have been placed in this Exhibit E for reasons of
administrative efficiency.
2. Payment Provisions. Subject to Section 2.7 of the Oversight Agreement. if any bill is not paid by
the Agency within sixty (60) days after it is sent by DTSC, the Agency may be deemed to be in material
default of this Oversight Agreement.
If the advance payment submitted under Section 2.7.1 of this Oversight Agreement exceeds DTSC's
actual costs for Oversight Agreement preparation, consultation, review, approval, oversight and other
activities conducted under this Oversight Agreement, DTSC will provide an accounting for expenses and
refund the difference within one hundred -twenty (120) days after termination of this Oversight Agreement
iri accordance with Section 24 of this Exhibit. In no other case will the Agency be entitled to a refund from
DISC or to assert a claim against DTSC for any amount paid or expended under this Oversight
Agreement.
3. Billing Dispute Resolution. tf the Agency disputes a DTSC billing, or any part of a OTSC billing,
the Agency will notify DTSC's designated Oversight Agreement Manager and attempt to informally
resolve the dispute. If the Agency desires to formally request dispute resolution with regard to the billing,
the Agency will file a request for dispute resolution in writing within 45 days of the date of receiving the bill
in dispute. The written request will describe all issues in dispute and will set forth the reasons for the
dispute, both factual and legal. The Agency will send the written request to:
Special Assistant for Cost Recovery and Reimbursement Policy
Department of Toxic Substances Control
P.O. Box 806
Sacramento, CA 95811-0806
The Agency will also send a copy of the written request for dispute resolution lo the person designated in
subsection 2.5.1 of this Oversight Agreement to receive submittals, A decision on the billing dispute will
be rendered by the person designated above or other DTSC designee. The existence of a dispute shall
not excuse, stay or suspend any other compliance obligation or deadline required pursuant to this
Oversight Agreement.
4. Communications. All DTSC approvals and decisions made regarding submittals and notifications
will be communicated to the Agency in writing by OTSC's Oversight Agreement Manager or his/her
designee_ No informal advice, guidance, or suggestions or comments by DTSC regarding reports, pions,
specifications, schedules or any other writings by the Agency shall be construed to relieve the Agency of
the obligation to obtain such written approvals.
5. Endangerment During Implementation.. In the event DTSC determines that any activity or
operations caused by or on behalf of the Agency or its agents (whether or not pursued in compliance with
this Oversight Agreement) may pose an imminent or substantial endangerment to the health and safety of
people on any Property or group of Properties or in the surrounding area or to the environment: i) the
(Page 17 of 69)
City of National City
Contract No.: 11-T1 0 32
Exhibit A - Page 16 of 19
Agency will take the necessary actions to abate the endangerment it created for such period of time as
may be needed to abate the endangerment; or ii) if DTSC determines that conditions require DTSC to
exercise its authority to abate the endangerment, the Agency may stop further implementation of this
r)--^rsight Agreement as it applies to a Property or group of Properties. However, if the Agency stops
implementation, the Agency must meet the conditions under Section 12 of this Exhibit (Notification of
Environmental Condition) and, if necessary, must revise the applicable Scope of Work and meet the stop -
work conditions as provided in Section 23 of this Exhibit (Amendments). If DTSC determines that an
endangerment is the result of Agency actions that have caused a release of hazardous substances or
substantially worsened the endangerment, the Agency will take those reasonable steps DISC determines
are necessary to mitigate the condition that the Agency caused or substantially worsened and to secure
the Property or group of Properties in order to avoid endangerment to the community. These steps may
include installing a protective cover, constructing fencing and signage or other appropriate means to
protect public health and the environment. The Agency will not be compelled to fully assess or mitigate a
release of hazardous substances if DTSC determines that the Agency did not cause or substantially
worsen the release.
6_ Condition Precedent. It is expressly understood and agreed that DTSC's receipt of the advance
payment described in subsection 2.7.1 of this Oversight Agreement is a condition precedent to any
obligation of DTSC to provide consultation, oversight, review and/or comment on documents or to provide
any work or perform any activity pursuant to this Oversight Agreement.
7. Record Retention. DTSC will retain all cost records associated with the work performed under
this Oversight Agreement for such time periods as may be required by applicable stale law. The Agency
may request to inspect all documents that support DTSC's cost determination in accordance with the
Public Records Act, Government Code section 6250 et seq.
8. Project Coordinator. The work performed for each Property or group of Properties pursuant to
this Oversight Agreement will be under the direction and supervision of a qualified Project Coordinator,
with expertise in hazardous substance and hazardous waste site cleanup. For each Property or group of
Properties, the Agency will submit: a) the name and address of the Project Coordinator; and b) in order
to demonstrate expertise in hazardous substance and hazardous waste site cleanup, the resume of the
Project Coordinator. The Agency will promptly notify DTSC of any change in the identity of the Project
Coordinator. All engineering and geological work shall be conducted in conformance with applicable
state law, including but not limited to, Business and Professions Code sections 6735 and 7835,
9. Access. If DTSC determines access is necessary in order to perform any of the tasks contained
in Exhibit C (Technical Consultation) or Exhibit D (Remediation Oversight), the Agency will exercise its
best efforts to provide access for DTSC and its representatives to the Property Or group of Properties
subject to this Oversight Agreement for which access is needed. In the event that such access is not
provided, it is understood that the implementation of tasks identified in this agreement for the Property or
group of Properties for which access cannot be obtained may riot proceed. The Agency will also exercise
its best efforts to provide access for DTSC and its representatives access and/or obtain access to any
area beyond the boundaries of the Property or group of Properties subject to this Oversight Agreement to
which access is necessary to implement this Oversight Agreement. To the extent such access is obtained
by the Agency, such access will be provided to DTSC's employees, contractors, and consultants at all
reasonable times. Nothing in this section is intended or shall be construed to limit in any way the right of
entry or inspection that DTSC or any other agency may otherwise have by operation of any law. To the
extent such access can be legally obtained by DTSC or the Agency, DTSC and its authorized
representatives shall have the authority to enter and move freely about all of the property at each
Property or group of Properties at all reasonable times for purposes including, but not limited to:
inspecting records and operating logs, sampling activities, administering any other aspects of this
Oversight Agreement relating to the Property or group of Properties, reviewing the progress of the
Agency in carrying out the terms of this Oversight Agreement, conducting such tests as DTSC may
determine are necessary, and verifying the data submitted to DTSC by the Agency.
(Page 18 of 69)
City of National City
Contract No.: 11-T 1032
Exhibit A - Page 17 of 19
10. Sampling, Data and Document Availability. The Agency will submit to DTSC a listing of all known
reports in its possession, including sample analysis results, environmental assessment reports, and any
other information in its possession pertinent to the hazardous substance and hazardous waste
rn; n'gement and/or release, characterization and cleanup of a Property or group of Properties. The
Agency will provide copies of any non -privileged reports or information requested by DTSC and will
identify privileged or other confidential documents that the Agency is not providing. The Agency will also
inform DTSC of any other known reports and documents, not in its possession, pertinent to the hazardous
substance and hazardous waste management and/or release, characterization and cleanup of a Property
or group of Properties, including the name of the document (if known) and the identity and address of the
person/entity with possession of the document (if known).
11. Notification of Field Activities. The Agency will inform DTSC at least seven (7) days in advance of
all field activities which the Agency undertakes, including activities the Agency directs a third party to
undertake, pursuant io this Oversight Agreement at each Property or group of Properties and will allow
DTSC and its authorized representatives to take duplicates of any samples collected by the Agency
pursuant to this Oversight Agreement.
12. Notification of Environmental Condition. The Agency shall notify DTSC's Agreement Manager
immediately upon learning of any condition posing an immediate threat to public health or safety or the
environment. Within seven (7) days of the Agency's discovery of such a condition, the Agency shall
submit a brief report to DTSC, setting forth the events that occurred and the measures taken, if any, in
response to those events.
13. Preservation of Documentation. The Agency will maintain a central repository of the data,
reports, other documents that it prepares pursuant to this Oversight Agreement and other documents
relevant to the activities conducted under this Oversight Agreement. All such data, reports and other
documents regarding a specific Property or group of Properties will be preserved by the Agency for a
minimum of six (6) years after the conclusion of all activities carried out under this Oversight Agreement
with respect to that Property or group of Properties. if DTSC requests that some or all of these
documents be preserved for a longer period of time, the Agency will either: (i) comply with that request,
(ii) deliver the documents to DTSC, or (iii) permit DTSC to copy the documents prior to destruction.
Following the expiration of the six -year minimum retention period for documents regarding a Property or
group of Properties, the Agency will notify DTSC in writing at least ninety (90) days before destroying any
documents prepared pursuanttothis Oversight Agreement with respect to that Property or group of
Properties. If any litigation, claim, negotiation, audit or other action involving the records has been started
before the expiration of the six year period with respect to a Property or group of Properties, the retated
records will be retained until the completion and resolution of all issues arising from that action or until the
end of the six -year period, whichever is later.
14. Time Periods. Unless otherwise specified, time periods begin from the date this Oversight
Agreement is fully executed, and "days" means calendar days. "Business days" means all calendar days
that are not weekends or official Slate holidays.
15. Agency Liabilities. This Oversight Agreement shall not be construed in any manner as an
admission by the Agency of any fact or liability of any kind, nor shall this Oversight Agreement be
considered or interpreted as an admission or an assumption by the Agency of any liability or
acknowledgment of liability or responsibility for the investigation or assessment of, response or
remediation to any environmental condition on any Property or group of Properties or the costs of such
activities, for which the Agency is not otherwise liable or responsible. Nothing in this Oversight
Agreement shall constitute or be considered a satisfaction or release from liability for any condition or
claim arising as a result of Agency's past, current, or future operations. Nothing in this Oversight
Agreement is intended or shall be construed to limit the rights of any of the Parties with respect to claims
arising out of or relating to the release, discharge, deposit or disposal of hazardous substances or
hazardous wastes at the Property or group of Properties or at any other location; if such hazardous
(Page 19 of 69)
City of National City
Contract No.: 11-T1032
Exhibit A - Page 18 of 19
substances or hazardous wastes are removed from a Property or group of Properties.
lb. State Government Liabilities. The State of California (State) shall not be liable for any injuries or
damages to persons or property resulting from acts or omissions by the Agency or its directors, officers,
employees, agents, representatives, successors, assigns, contractors or consultants in carrying out any
action or activity pursuant io this Oversight Agreement. Neither DTSC nor the State may be deemed to
be a party to any contract entered into by the Agency or its directors, officers, employees, agents,
successors, assigns, contractors or consultants in carrying out any action or activity pursuant to this
Oversight Agreement.
17. Third Party Actions. In the event that the Agency is a party to any suit or claim for damages or
contribution to which DTSC is not a party, relating to a Property or group of Properties subject to this
Agreement, the Agency will notify DTSC in writing within ten (10) days after service of the complaint in the
third -party action. However, failure to give such notice within 10 days will not be a material breach of this
agreement, and this requirement confers no rights on any third parties not party to this Agreement.
18. Reservation of Rights. DTSC and the Agency each reserve the following rights.
a. DTSC reserves its right io pursue cost recovery under the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (CERCLA), as amended, California Health and Safety
Code sections 25201.9, 25343, 25360, 33459.3, subdivision (m) and any other law. The Agency
reserves its rights to pursue cost recovery under the California Health and Safety Code section 33459-
33459.8 (Polanco Act) and any other applicable section of the law_
b. Nothing in this Oversight Agreement is intended or shall be construed to limit, preclude or
affect the authority of DTSC to pursue any legal, equitable or administrative remedies pursuant to state or
federal law or to take any action authorized by law or equity to protect public health and safety or the
environment and recovering the costs thereof, including DTSC's authority to take action, or require other
persons to take action, under chapter 6.5 or chapter 6.8 of division 20 of the Health and Safety Code or
under the Polanco Act and to recover DTSC's costs for those actions.
c. Nothing in this Oversight Agreement shall constitute or be construed as a waiver,
defense to, or limitation on of the Agency's rights (including any covenant not to sue or release), with
respect to any claim, cause of action, or demand in law or equity that the Agency may have against any
person, as defined in section 101(21) of CERCLA, or Health and Safety Code section 25319, who is not a
signatory to this Oversight Agreement.
19. Compliance with Applicable Laws. Nothing in this Oversight Agreement relieves the Agency from
complying with all applicable laws and regulations, and the Agency will conform to all actions required by
this Oversight Agreement to all applicable federal, slate and local laws and regulations.
20. California Law. This Oversight Agreement shall be governed, performed and interpreted under
the laws of the State of California.
21. Parties Bound. This Oversight Agreement applies to and is binding, jointly and severally, upon
each signatory and upon any successor agency of either the Agency or the State of California that may
have responsibility for and jurisdiction over the subject matter of this Oversight Agreement. No change in
the ownership or corporate or business status of a Property or group of Properties or any owner of a
Property or group of Properties shall alter any signatory's responsibilities under this Oversight Agreement.
22. Severability. If any portion of this Oversight Agreement is ultimately determined not to be
enforceable, that portion will be severed from the Oversight Agreement and the severability shall not
affect the enforceability of the remaining terms of the Oversight Agreement.
(Page 20 of 6 9 }
City of National City
Contract No.: 11-71032
Exhibit A - Page 19 of 19
23. Amendments. Except as otherwise specified in this section and in section 2.2 of this Oversight
Agreement, This Oversight Agreement may be amended as specified in this section to withdraw any
P ope .., or group of Properties from this Oversight Agreement. The Agency may withdraw a Property or
arnr c; Properties from this Oversight Agreement by giving written notice to DTSC that the Agency will
stop work on that Property or group of Properties within the next thirty (30) days. DTSC may withdraw a
Property or group of Properties by giving written notice to the Agency that DTSC will stop work on that
Property or group of Properties within the next thirty (30) days. The effective date of withdrawal is the
end of the 30 day notice period. Prior to stopping work on a Property or group of Properties, the Agency
must ensure that the Property or group of Properties will pose no greater public health or environmental
risk than it posed prior to the Agency's activities an the Property or group of Properties. in the event that
the Agency withdraws a Property or group of Properties from this Oversight Agreement, the Agency wits
be responsible for DTSC's costs through the effective date of withdrawal. The Scope of Work may be
amended by mutual written agreement of the parties. Such amendments or modifications are effective on
the third business day following the day the last Party signing the amendment or modification sends its
notification of signing to the other Party. The Parties may agree to a different effective date. An
amendment to incorporate a Property or group of Properties into this Oversight Agreement and to
incorporate by reference site -specific Exhibits for that Property or group of Properties shall be made as
specified in subsections 2.1, 2.2, and 2.3 of this Oversight Agreement.
24. Termination for Convenience. Except as otherwise provided in this Section, each Party to this
Oversight Agreement reserves the right to unilaterally terminate this Oversight Agreement for any reason.
Termination requires that either Party give a thirty (30) day advance written notice of the election to
terminate this Oversight Agreement to the other Party. Prior to termination the Agency must ensure that
the Property or group of Properties will pose no greater public health or environmental risk as a result of
the Agency activities than it posed prior to the Agency's activities at the Property or group of Properties.
In the event that this Oversight Agreement is terminated under this section and subject to Section 2.7 of
the Oversight Agreement, the Agency will be responsible for DTSC's costs through the effective date of
termination.
EXHIBIT F
SAMPLE RESOLUTION AUTHORIZING AGENCY TO CONTRACT WrTH DTSC
Resolution authorizing the [Authorized Official] to Execute Contracts with the California Department of
Toxic Substances Control
WHEREAS, the [Name of Agency] determines and declares that it may enter into agreements with State
agencies for [Year], and
WHEREAS, [game of Agency] may take any actions that [Name of Agency] determines are necessary
and that are consistent with state and federal laws to remedy or remove a release of hazardous
substances on, under, or from a property located in a Redevelopment Project Area if certain conditions
are rnet.
THEREFORE, BE IT RESOLVED BY THE [name of legislative body] that the [authorized Agency official]
is hereby authorized to enter into and execute contracts for the [Name of Agency], with the California
Department of Toxic Substances Control, subject to all conditions.
HEREBY CERTIFY that the foregoing is a true and correct copy of a Resolution introduced and passed
at a noticed meeting of the [name of Agency] held on [date].
Signed:
Title of Authorized Official, the Agency will be responsible
for DTSC costs through the effective date of termination.
Date:
(Page 21 of 69)
City of National City
Contract No.: 11 T 1032
Exhibit B - Page 1 of 2
EXHIBIT B
(Reimbursement Contract)
BUDGET DETAIL AND PAYMENT PROVISIONS:
A. Applicant agrees to advance to DTSC an amount of money based upon DTSC's estimate
of the costs it may incur in performing its duties under this Contract. The amount of the
advance is based upon DTSC's costs of services for six months, or for the entire amount
of the Contract, if Tess than six months. The cost estimate is attached and incorporated by
this reference and is included as the Budget for this Contract.
B. DTSC's cost estimate shall include all of its costs, both direct and indirect. The hourly rates
utilized in the development of any cost estimate shall reflect DTSC's current hourly rates.
These hourly rates are updated as needed to allow DTSC to recover its costs. Applicant is
responsible for any increases in the direct and indirect rates and agrees to reimburse
DTSC for these cost increases. The Applicant agrees to reimburse DTSC for all costs
incurred by DTSC.
C. Upon execution of this Contract, Applicant shall remit to DTSC an amount not less than
$37,492.00 as advance funding for work to be performed by DTSC. The total amount of
this Contract is $74,984.00. Applicant shall submit all payments to:
Department of Toxic Substances Control
Accounting
1001 I Street, 25th Floor
P.O. Box 806
Sacramento, California 95812-0806
Attention: Ms. Tsing Maybe! Zhan
D. Copies of checks and letters transmitting such checks shall be sent simultaneously to
DTSC's project coordinator. All payments to DTSC shall indicate City of National City
Community Development Commission, Site Code 401294 (11 WP).
E. In th event the advance payment is less then 100%, it shall be retained in the Applicant's
Acco nt. DISC shall bill the Applicant quarterly for actual costs incurred. The Applicant
shall remit the total amount due within thirty (30) days of the date of the quarterly invoice.
DTSC shall hold the advance payment until the Contract is completed or terminated Any
remaining charges shall then be applied against the advance, and any unused advance
payment will be refunded within 120 days of the completion of the project.
F. If the Applicant cancels the Contract, Applicant agrees to pay DTSC a minimum fee of
$1,000.00 out of the advance, regardless of the amount of work or services performed by
DTSC under the terms of the Contract. If DTSC incurs more than $1,000,00, Applicant will
be responsible for the actual direct and indirect costs incurred or encumbered by DTSC up
to the date "notice of cancellation" is received by DTSC, without any additional fee.
G. The amount advanced by Applicant may be modified by mutual Contract in writing should
the services provided by DTSC exceed its original estimated costs. Upon execution of an
amendment to the Scope of Work which increases the original cost, applicant agrees to
pay any additional advance payment to DTSC for such newly agreed upon work.
(Page 22 of 69)
City of National City
Contract No.: 11-T1032
Exhibit B - Page 2 of 2
EXHIBIT B
(Reimbursement Contract)
BUDGET DETAIL AND PAYMENT PROVISIONS CONTINUED:
H. Any dispute concerning DTSC's costs incurred pursuant to this Contract is subject to the
dispute resolution procedures as established pursuant to Health and Safety Code section
25269.2. DTSC reserves its right to recover unpaid costs under applicable State and
Federal laws.
EXHIBIT D
OVERSIGHT AGREEMENT COST ESTIMATE
COST ESTIMATE WORKSHEET
Environmental Oversight Agreement
Date: August 2011
Project Name:National City Public Works Yard TOD Development
Site Code: 401477 (11 WP)
Title
VCP Coord.
Project
Manager
Toxicologist
Geology
Public
Participation
HQ
CEQA
Legal
Clerical
tl
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• W
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S
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g
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r
r j'
:`..: PPS .�
'
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N.
`
TA551?
A g ree ent r,t ;
Prik . kaitailOsn i
8
cf t-000 " 4
24
1
s
16
8
8
24
r ,t"-WitaratMf'..qr
16
8
8
40
j,t4IPTI
24
40
F�( �e��1 Ac� dt1Y � =' oe1 -n.,
, K
40
24
32
-t 28 t
1a ,. eiiizi w
16
8
24
- . tl • ���•;
S
8
i.r:,;».st o Az,n's''
12
18
Total No. HcursfClass
8
164
72
72
40
40
24
1
HcurlyRatetClass
$151
$151
$178
$207
S123
$129
$180
$75
Ccst/Class
$1,208
$24,764
$12,816
S14,904
$4,920
$5,160
$4.320
$75
Contingency CIO%)
S6,817
Grand Total Cost
$74,984
Advance Payment
$37,492
Note: Schedule to be determined based on discussion between the Agency and
DTSC at the first project team meeting
(Page 23 of 69)
City of National City
Contract No.: 11-T 1032
Exhibit D - Page 1 of 1
EXHIBIT D
(Reimbursement Contract)
A. SPECIAL TERMS AND CONDITIONS
B. Nothing in this Contract shall limit the types, classifications or number of staff who may
perform work pursuant to this Contract and for whom DTSC may bill Applicant, subject to
the provisions as set forth in Exhibit B.
B. DTSC or Applicant may terminate this Contract without cause upon giving the -other party
30-day advance written notice. DTSC shall not be liable for any loss or damages
sustained by Applicant as a result of the termination of this Contract.
C. This Contract shall not be considered effective until it is signed by both parties, and if
necessary, approved by the Department of General Services_
(Page 24 of 69)
EXHIBITS
MAP OF CITY THAT IDENTIFIES THE REDEVELOPMENT PROJECT AREA (S) WITHIN
AGENCY'S JURISDICTION & PROPERTY WITHIN. REDEVELOPMENT AREA
B. PROPERTY DESCRIPTION FOR EACH INCLUDED PROPERTY
C. SITE SPECIFIC SCOPE OF WORK FOR REMEDIATION OVERSIGHT SCOPE OF WORK
D. SCHEDULE AND COST ESTIMATES FOR EACH fNCLUDED PROPERTY OR GROUP OF
PROPERTIES FOR REMEDIATION OVERSIGHT SCOPE OF WORK
E. OVERSIGHT AGREEMENT STANDARD PROVISIONS
F. SAMPLE RESOLUTION AUTHORIZING AGENCY TO CONTRACT WITH DTSC
EXHIBIT A
2
5E
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(Page 26 of 69)
EXHIBIT B
PROPERTY DESCRIPTION FOR EACH INCLUDED PROPERTY
r
Property Name, Location
Site Description
Site History
Advance
.Payment ,
National City -
Public Works Yard
2100 Hoover Avenue
National City, California
San Diego County
Assessor's Parcel Numbers
(APNs) 559 124 05, 560-396-
06, and 560-396-08.
Owned by:
City of National City
The Site is the `Facility-
side" property of the
National City Public
Works Yard, located in
an area of National City
that is known as the
Weslside Neighborhood.
The Public Works Yard
is made up of two
separate areas,
designated as the
"Facility -side and the
"Park -side" properties.
The Facility -side
property consists of an
approximate 4.6-acre
vehicle and equipment
maintenance facility that
is located on the east
side of Paradise Creek.
The City has operated a public
works yard at 2100 Hoover
Avenue since 1973 when it
acquired the property_ Prior to
the date of acquisition, the
subject property was
undeveloped. The City is
planning to relocate its public
works yard and redevelop the
subject property to include
residential homes. To assess
whether chemicals of concern
have been released to the
environment as a result of
historic land use practices, the
City has completed multiple
environmental studies including
a Phase 1 Environmental Site
Assessment (ESA) and Phase
II Site Investigation (SI). In
consideration of the City's
intended redevelopment plans,
DTSC worked with the Agency
to conduct additional
investigations to determine
steps needed to ensure a sate
development. It was
determined that localized
hotspot removal and a risk
based approach to the City's
specific construction plans
would be considered.
C'; .
-
Note: This table was prepared by M. Tasnif-Abbasi on 7/6/2011
(Page 27 of 69)
EXHIBIT C
REMEDJATION OVERSIGHT SCOPE OF WORK
CITY OF NATIONAL CITY COMMUNITY DEVELOPMENT COMMISSION
TOD REDEVELOPMENT PROJECT
The scope of work under this Oversight Agreement may include, but not be limited to, the tasks
described in this exhibit. Please note that the scope of work may be modified based on Agency
and Department discussions.
Task 1 Property Mitigation Plan
The Agency proposes submittal of a Property Mitigation Plan (PMP) to be used as a road map for project
activities, consistent with the attached Schedule, for review and approval by the Department. This Plan
will include additional; recently acquired data, summarize ail existing data and investigations to date, and
propose an overall plan for ultimate mitigation of environmental impacts at this site. Please refer to
'Attachment 1" for a listing of environmental studies and reports far this site.
The Agency expects to propose a PMP on a risk -based approach that will contain sufficient data to
propose remedial action objectives and clean up goals, and will include an analysis of alternative
remedial measures that could be used for this Project. The Agency will propose a PMP that will include
the elements necessary to support its recommendations; including, for example, a risk evaluation and
clean up determination for the future residential use of the Project site relying on removal of some
impacted media, engineering controls to safely isolate site users from other impacted media, land use
controls to advise researchers and future site owners and users about the types and locations of any
impacted media left at the Project Site; with the necessary and appropriate level of analysis for the
elements of a remedial alternative evaluation (sufficient to satisfy the need for a Feasibility Study); leading
to a recommendation for Remedy Selection as described in Task 6. The Property Mitigation Plan (PMP)
will describe and illustrate the nature and properties of the future site redevelopment project sufficiently to
guide and inform the decisions required for Tasks 2, 3 and 4.
The Agency will undertake its risk evaluation using DTSC-approved models, comparing risks at the site
before and after implementation of risk mitigation measures. including soil excavation and offsite disposal,
installation of engineering controls, and institutional controls.
The Agency anticipates either including in the PMP or providing as separate deliverables inforrnation
concerning,: }
1) Quality Assurance and Controls
2) Soil Management and transportation proposals
3) Site Preparation Plan, if required
4) Environmental Substructure and Spills Contingency Plan.
The Agency shall also provide a copy of the Health and.5afety Plan for the Project.
TASK 2. Risk Evaluation and Cleanup Level Determination.
If the Agency decides to proceed with a remedy or removal action, a soaping meeting may be held to
discuss how the risk evaluation and cleanup level determination will be conducted for the Property or
group of Properties. If appropriate, the Agency may conduct a risk evaluation consistent with U. S. EPA
Risk Assessment Guidance for Superfund (EPA154011-89l002) and DTSC's Supplemental Guidance for
(Page 28 of 69)
Human Health Multimedia Risk Assessments of Hazardous Waste Sites and Permitted Facilities. This
evaluation should identify the chemicals of concern and potential routes of exposure; characterize the
potential ris:n evaluate potential risks to environmental receptors; consider existing and contemplated
uses of rho. Property or group of Properties; and identify site cleanup goats. If DTSC agrees, this
information may be submitted in the Remedy Selection Document or Remedial Action Plan or another
document combining one or more tasks contained in this agreement. The parties recognize that,
depending on the site characterization and the proposed remedy or removal action, a site specific risk
evaluation may not always be necessary. However, the following information must be included in the
remedy selection document: identification of chemicals of concern, remedial action objectives and
cleanup goals and discussion of the derivation of the cleanup goals as appropriate.
TASK 3. Feasibility Study.
The objective of this task is to evaluate feasible remediation and response alternatives. If the Agency
decides to proceed with the remedy or removal action, reasonable potential alternatives for the
remediation of a Property or grcup of Properties and response to the presence of hazardous substances
should be evaluated, including the "no action" alternative. Such an evaluation may be incorporated in the
Remedy Selection Document, or may, if the analysis is complex, be addressed in a separate study or
report, The evaluation should (a) identify the goals for the cleanup based upon current and projected
future land uses; (b) evaluate feasible alternatives to meet these goals; and (c) recommend a preferred
alternative. The feasibility study may be included in or combined with the Remedy Selection Document or
the "Remedial Action Plan" or the "Cleanup Plan" or other document, as approved by DTSC.
TASK 4 Remedy Selection Document.
The purpose of the Remedy Selection Document is to summarize results of the site characterization, risk
evaluation and feasibility study and to describe the remedial action or removal plan. The remedy
selection may be entitled "Remedy Selection Document," 'Remedial Action Plan" (RAP) or "Cleanup
Plan" and may include other tasks described herein. The document will address all the components
The document shall address the following:
(a) a description of the site, site history, site environmental setting, and contamination;
(b) a summary of the risk evaluation conducted, if necessary;
(c) current and contemplated land uses of the Property or group of Properties;
(d) zoning and general plan designation of the Property or group of Properties;
(e) the goals to be achieved by the cleanup;
(f) a summary description of the feasibility study conducted;
(g) a description of the recommended alternative (including any required and/or suggested land use
covenants, an operation and maintenance agreement and plan, financial assurance and other
operation and maintenance requirements, as appropriate);
(h) implementation and enforcement plan if operation and maintenance requirements are identified or
if a land use covenant is necessary;
(i) the name of the party, if not the Agency, who will be responsible for implementing and operating
the final remedy, including any remedy requiring a startup operation period; and
(j) an administrative record list.
Within sixty (60) days of DTSC's written approval of the final RAP or Cleanup Plan, DTSC wilt
acknowledge, in writing, that upon proper completion of the final RAP or Cleanup Plan, the immunity
provided by Health and Safety Code section 33459.3(b) shall apply to the Agency.
TASK 5. California Environmental Quality Act (CEQA).
DTSC and the Agency will discuss what CEQA documents are necessary and who shall prepare the
(Page 29 of 69)
necessary CEQA documents, as well as the appropriate Lead Agency and Responsible Agency under the
CEQA process. DTSC and the Agency will work together to ensure that the proposed environmental
,ocar,writ contains the information necessary for the Agency and DTSC to evaluate impacts from the
�..d remediation. It is the goal of both DISC and the Agency that the CEQA document be used by
both entities in meeting their respective obligations under CEQA. If, however, for reasons specific to the
Project, the processes cannot be efficiently combined, then DTSC will prepare its own CEQA document
for the RAP or Cleanup Plan. if required, the Agency shall submit the information necessary for DTSC to
prepare :this document.
TASK 6. Implementation of Final Project Mitigation Plan (PMP)
Subject to the provisions of Section 5 of the Standard Provisions concerning endangerment during
implementation, nothing herein will require the Agency to proceed with implementation of a RAP or
Cleanup Plan with respect to any Property or group of Properties if it determines not to do so. The
Agency will provide DTSC with written notice of the Agency's decision to either implement or not
implement the Final RAP or Cleanup Plan. Upon DTSC approval of the RDIP (or RAP or Cleanup Plan, if
the RAP or Cleanup Plan incorporates the RDIP) and schedule, and if the Agency decides to proceed
with the remedy or removal action at a Property or group of Properties, the Agency will implement or will
direct the implementation of the approved final RAP, Cleanup Flan, or RDIP, as applicable, in accordance
with the approved schedule. At the completion of field work, the Agency (or such other party conducting
the remediation or other response or removal actions with respect to a Property or group of Properties)
will submit a final Implementation Report discussing the work completed and noting any deviations from
the approved plan. Within 60 days of the date DTSC finds that a remedial or removal action has been
properly completed in accordance with the Final RAP or Cleanup Plan, DTSC will notify the Agency, in
writing, that the immunity provided by Health and Safety Code section 33459.3, subdivision (c) is in effect.
This immunity extends to other such parties entitled to immunity pursuant to Health and Safety Code
Section 33459.3(e). In the event that Operation and Maintenance is required, the Parties agree that the
immunity provided by Health and Safety Code section 33459.3(e) shall be expressly conditioned upon the
satisfactory performance of all responsibilities pursuant to Task 11 of this Agreement. In the event that
DTSC finds that the remedy is not functioning properly and successfully, and performing as designed, or
that the remedy will not attain the final performance standards or cleanup goals specified in the final RAP,
Cleanup Flan, or RDIP (including the implementation and enforcement of institutional controls if
applicable). DTSC will, as soon as administratively feasible, notify the Agency.
TASK 7.. Changes During Implementation of the Final RAP or Cleanup Plan.
If during implementation of the final RAP, Cleanup Plan and/or RDIP, DTSC determines that additions,
modifications or revisions to such document may be necessary to protect human health and safety or the
environment or to implement the final RAP, Cleanup Plan and/or RDIP; DTSC will, as soon as
administratively feasible, notify the Agency and the parties will determine the appropriate revisions to
such document; provided, however, and subject to the provisions of Sections 5 and 23 of the Standard
Provisions concerning endangerment during implementation, nothing herein will require the Agency to
continue to proceed with the implementation of the modified RAP, Cleanup Plan or RDIP with respect to a
Property or group of Properties if it determines not to do so.
The Agency and DTSC shall identify contact personnel so that any necessary changes during
implementation that may be required as a result of field conditions can be resolved, if possible, through
telephone communications or on -site meetings in order to achieve "real-time" decision making and avoid
construction delays. The accelerated approach set forth in the PMP requires rapid decision making
based on field data and analysis.
TASK 8. Public Participation.
(Page 30 of 69)
(a) The Agency and DTSC will conduct appropriate public participation activities given the nature of
the community surrounding the Property or group of Properties and the level of community interest. The
Agu'icy will work cooperatively with DTSC to ensure that the affected and interested public and
c'r nunity are involved in the decision -making process applicable to the clean-up of the Property or
group of Properties, taking into account the Agency's existing public participation capabilities and
procedures. DTSC and the Agency will strive to integrate the public participation activities associated
with the RAP or Cleanup Plan with the public participation activities associated with the development of
the Properties or group of Properties to the maximum extent possible.
(b) A scoping meeting may be held to determine the appropriate activities that will be conducted to
address public participation. If necessary, the Agency will then prepare a public participation plan for the
Property or group of Properties that describes the proximity of homes and/or schools, day care facilities,
churches, and similar uses; the current and proposed land uses within and adjacent to the Property or
group of Properties; media interest; and involvement of community groups and elected officials. The plan
shall also include a mailing list, identify appropriate information repositories, and specify the public
participation activities that the Agency will undertake to provide opportunities for public involvement in
site -related decisions. The Agency and DTSC will evaluate whether a fact sheet and public notices are
necessary, as well as their content, distribution and circulation, and whether a public meeting is
appropriate depending on the circumstances and the nature of the remedial or removal action, as well as
any other public participation procedures.
More specifically, the Agency shall collaborate with DTSC to consider undertake the following public
participation activities to ensure active public participation in the Project:
A. Assessment of Community Interest. The Project is of high public interest to the community.
Creation of additional affordable housing uses and removal of blighting conditions are a key component of
the Redevelopment Plan for this portion of National City.
B. Participation of Other Stakeholders. The Project was initiated by the Agency, relying on its
authority under the Polanco Redevelopment Act and the Community Redevelopment Law of the Health
and Safety Code. Ultimately, the Project will require approval at various levels of municipal government,
and the Agency will, in furtherance of its statutory duties, conduct further Public Participation activities as
described herein.
C. Approval of Project Activities. Approval of Project activities has been and continues to be taken
by the Agency's Board of Commissioners, a seven -member body created under provisions of the
California Community Redevelopment Law. Agendas for meetings of the Commission are published in
advance and actions are taken in public session. Most ations of the Agency are also reviewed and
approved by the full City Council, and the Mayor.
D. Assignment of Agency Community Affairs Specialist. Public outreach for activities to be
undertaken under the approved PMP will be assigned a coordinator who will coordinate as necessary
with DTSC and be responsible for liaison with appointed and elected citizen participation groups and
dissemination of information to adjoining property owners, businesses, and tenants. The Agency will
coordinate with DTSC on public relations activities as necessary
E. Preparation and Distribution of Fact Sheet. The Agency shall prepare a Fact Sheet on the
environmental conditions found at the site, and the cleanup activities proposed to be undertaken under
the PMP, for presentation to and approval by DTSC. This fact sheet will identify Agency and DTSC
contact persons who can provide additional information on the cleanup activities proposed, and will
identify how interested parties can provide public comment on the proposed cleanup activities. The Fact
Sheet will be distributed to the contacts listed in Section F, Task 11 of this Agreement.
F. Document Depository. The Agency shall establish and maintain a public depository of the PEA
and the PMP and its supporting implementation plans for review by the public, and shall include notice of
(Page 31 of 69)
the availability of the depository in the Fact Sheet and any public notices on cleanup plan activities.
Project documents will also be maintained on the Agency's web site.
...�tices of Project Activities. The Agency shall provide notices of Project activities at key points in
the implementation of the PMP and its associated redevelopment project:
1. Thirty days prior to start of physical activities at the site (additional environment investigation
and clean up activities as set forth in the PMP)
2. During cleanup activities, if material changes in scope or duration occur after the original
notices.
3. Upon completion of work and issuance of the DTSC Certificate of Completion or No Further
Action Letter.
Information notices will be distributed as follows:
1. The Project Area Citizen Advisory Committee. The CAC for the Project Area is the official
advisory body for redevelopment activities. It consists of appointed community residents and
business representatives.
2. Neighborhood Council, as needed
3. List of persons wishing to be kept informed. The Agency maintains an official mailing list of
persons expressing interest in being kept informed of Agency activities and will mail or email
the notices of Project activities to each person cn the list.
4. Owners, businesses, and tenants within 500 feet of the Project site. The Agency will mail
notices to all owners of record, and will hand -deliver notices to each business and tenant, with
500 feet of the Project site.
5 Signage. Prior to the start of any investigation or cleanup activity, The Agency shall place a
sign on the Project site, noticing the activity and providing contact information.
H. Additional Project Meetings as Needed. Depending on community reaction and comment to the
Prclec' activities listed above, additional meetings may be convened to provide opportunities for
additional input into the cleanup activities proposed for the Project.
TASK 9. Land Use Covenant.
if required pursuant to California Code of Regulations, title 22, section 67391.1, the Parties agree that the
final RAP or Cleanup Plan will contain a requirement for a land use covenant imposing appropriate
limitations on land use when hazardous substances, hazardous materials, hazardous constituents cr
hazardous wastes will remain at the Property or group of Properties at levels that are determined by
DTSC as not suitable for unrestricted use of the land. If DTSC determines a land use covenant is
necessary, the Agency agrees to sign and record a land use covenant approved by DTSC, or if the
Agency is not the Property Owner, the Agency will arrange for the Property Owner to sign and record the
land use covenant approved by DTSC. The land use covenant must be recorded in the County where the
land is located prior to DTSC's determination that a remedial or removal action has been properly
completed in accordance with the final Remedial Action Plan or Cleanup Plan for a Property or group of
Properties.
TASK 10. Operation and Maintenance (O&M).
The Agency will comply with, or arrange for compliance with, a'.l operation and maintenance (O&M)
requirements or other institutional control measures, in accordance with the final RAP or Cleanup Plan (if
(Page 32 of 69)
needed). The Agency shall designate in the final RAP or Cleanup Plan the parties that will enter into an
O&M Agreement, or otherwise be responsible for compliance with all O&M requirements, prior to
cf the Property or group of Properties. Compliance with any applicable O&M Agreement, and
any land use covenant or other institutional control measures, must be included as a requirement for any
new owner/lessee in a purchase and sale agreement for the Property or group of Properties. Any party
that is responsible for O&M shall notify DTSC of any transfer of operation and maintenance
responsibilities at least 3D days prior to such transfer. DISC may, at its discretion, require the transferee
to enter into a new O&M Agreement.
(Page 33 of 69)
EXHIBIT D
OVERSIGHT AGREEMENT COST ESTIMATE
COST ESTIMATE WORKSHEET -
Environmental Oversight Agreement
Date: August 2011
Project Name:National City Public Works Yard TOE) Development
Site Corte: 401477 (11 WP)
Title
VCP Gourd.
ProOct
Manager
Toxicologist
Geology
Public
Participation
HQ
CEOA
Legal
Clerical
Classification
Ss HSS
Sr. HSS
Staff
Toxicologist
• Senior
Engineering
Geologist
PPS
AEP
Staff
Counsel
OT (T)
4.
TASK,
Agreement
Prep.JNeyotiation
6
r '. W
Project Management
24
1
"`.
Properly Mitigation Plan
16
8
8
Risk Assessment
8
24
-'T7erfi,
.i.at. i
Public Participation' .
16
8
8
40
CEQA'- : . .
24
4C
. ` `Remedial
, rGa i
e• t:
Action
PlanipeinovalAclion
VVorkplan
40
24
32
''~''."
, ra
implement Remedial.
p.
Ac6oruReinaval Arhiori
16
8
24
_: i:r
Cert./1108bn `
8
8
.''' O
'10flrzUperation.&Maint
Dee Restiicton
12
16
.
—
Total No. Hours/Class
8
164
72
72
40
40
24
1
• Hourly Rate/Class
$151
$151
$178
S20;
$123
$129
$180
$75
Cost/Class
$1,208
$24,764
S12,816 S14,904
$4.920
$5,160
$4,320
$75
Contingency (10%1
$6,817
$74,984.
$37,492
Grand Total Cost
Advance Payment
Note: Schedule to be determined based on discussioft between the Agency and
DTSC at the first project team meeting
(Page 34 of 69)
EXHIBIT E
OVERSIGHT AGREEMENT STANDARD PROVISIONS
�. The Standard Provisions in this Exhibit E are incorporated by reference into and are a part of the
Oversight Agreement. The Standard Provisions have been placed in this Exhibit E for reasons of
administrative efficiency.
2. Payment Provisions. Subject to Section 2.7 of the Oversight Agreement, if any bill is not paid by
the Agency within sixty (60) days after it is sent by DTSC, the Agency may be deemed to be in material
default of this Oversight Agreement.
If the advance payment submitted under Section 2.7.1 of this Oversight Agreement exceeds DTSC's
actual costs for Oversight Agreement preparation, consultation, review, approval, oversight and other
activities conducted under this Oversight Agreement, DISC will provide an accounting for expenses and
refund the difference within one hundred -twenty (120) days after termination of this Oversight Agreement
in accordance with Section 24 of this Exhibit. In no other case wilt the Agency be entitled to a refund from
DTSC or to assert a claim against DTSC for any amount paid or expended under this Oversight
Agreement.
3. Billing Dispute Resolution. If the Agency disputes a DTSC billing, or any part of a DISC billing,
the Agency will notify DTSC's designated Oversight Agreement Manager and atternpt to informally
resolve the dispute. If the Agency desires to formally request dispute resolution with regard to the billing,
the Agency will file a request for dispute resolution in writing within 45 days of the date of receiving the bill
in dispute. The written request will describe all issues in dispute and will set forth the reasons for the
dispute, both factual and legal. The Agency will send the written request to:
Special Assistant for Cost Recovery and Reimbursement Policy
Department of Toxic Substances Control
P.O. Box 806
Sacramento, CA 95812-0806
The Agency will also send a copy of the written request for dispute resolution to the person designated in
subsection 2.5.1 of this Oversight Agreement to receive submittals. A decision on the billing dispute will
be rendered by the person designated above or other DTSC designee. The existence of a dispute shall
not excuse, stay or suspend any other compliance obligation or deadline required pursuant to this
Oversight Agreement.
4. Communications. All DTSC approvals and decisions made regarding submittals and notifications
will be communicated to the Agency in writing by DTSC's Oversight Agreement Manager or his/her
designee. No informal advice, guidance, or suggestions or cornments by DISC regarding reports, plans,
specifications, schedules or any other writings by the Agency shall be construed to relieve the Agency of
the obligation to obtain such written approvals.
5. Endangerment During Implementation. In the event DTSC determines that any activity or
operations caused by or on behalf of the Agency or its agents (whether or not pursued in compliance with
this Oversight Agreement) may pose an imminent or substantial endangerment to the health and safety of
people on any Property or group of Properties or in the surrounding area or to the environment: i) the
Agency will take the necessary actions to abate the endangerment it created for such period of time as
may be needed to abate the endangerment; or ii) if DTSC determines that conditions require DTSC to
exercise its authority to abate the endangerment, the Agency may stop further implementation of this
Oversight Agreement as it applies to a Property or group of Properties. However, if the Agency stops
implementation, the Agency must meet the conditions under Section 12 of this Exhibit (Notification of
Environmental Condition) and, if necessary, must revise the applicable Scope of Work and meet the stop -
work conditions as provided in Section 23 of this Exhibit (Amendments). if DTSC determines that an
(Page 35 of 69)
endangerment is the result of Agency actions that have caused a release of hazardous substances or
substantially worsened the endangerment, the Agency will take those reasonable steps DTSC determines
a., ;.ecessary to mitigate the condition that the Agency caused or substantially worsened and to secure
the `. s.,,eity or group of Properties in order to avoid endangerment to the community. These steps may
include installing a protective cover, constructing fencing and signage or other appropriate means to
protect public health and the environment The Agency will not be compelled to fully assess or mitigate a
release of hazardous substances if DTSC determines that the Agency did not cause or substantially
worsen the release.
6. Condition Precedent. It is expressly understood and agreed that DTSC`s receipt of the advance
payment described in subsection 2.7.1 of this Oversight Agreement is a condition precedent to any
obligation of DTSC to provide consultation, oversight, review and/or comment on documents or to provide
any work or perform any activity pursuant to this Oversight Agreement.
7. Record Retention. DTSC will retain all cost records associated with the work performed under
this Oversight Agreement for such time periods as may be required by applicable state law. The Agency
may request to inspect all documents that support DTSC's cost determination in accordance with the
Public Records Act, Government Code section 6250 et seq.
8. Project Coordinator. The work performed for each Property or group of Properties pursuant to
this Oversight Agreement will be under the direction and supervision of a qualified Project Coordinator,
with expertise in hazardous substance and hazardous waste site cleanup. For each Property or group of
Properties, the Agency will submit: a) the name and address of the Project Coordinator; and b) in order
fo demonstrate expertise in hazardous substance and hazardous waste site cleanup, the resume of the
Project Coordinator. The Agency will promptly notify DTSC of any change in the identity of the Project
Coordinator Ail engineering and geological work shall be conducted in conformance with applicable
state law, including but not limited to, Business and Professions Code sections 6735 and 7835.
9. Access. if DTSC determines access is necessary in order to perform any of the tasks contained
in Exhibit C (Technical Consultation) or Exhibit D (Remediation Oversight), the Agency will exercise its
best efforts to provide access for DTSC and its representatives to the Property or group of Properties
subject to this Oversight Agreement for which access is needed. In the event that such access is not
provided, it is understood that the implementation of tasks identified in this agreement for the Property or
group of Properties for which access cannot be obtained may not proceed. The Agency will also exercise
its best efforts to provide access for DTSC and its representatives access and/or obtain access to any
area beyond the boundaries of the Property or group of Properties subject to this Oversight Agreement to
which access is necessary to implement this Oversight Agreement. To the extent such access is obtained
by the Agency, such access will be provided to DTSC's employees, contractors, and consultants at all
reasonable times. Nothing in this section is intended or shall be construed to limit in any way the right of
entry or inspection that DTSC or any other agency may otherwise have by operation of any law. To the
extent such access can be legally obtained by DTSC or the Agency, DTSC and its authorized
representatives shall have the authority to enter and move freely about all of the property at each
Property or group of Properties at all reasonable times for purposes including, but not limited to:
inspecting records and operating logs, sampling activities, administering any other aspects of this
Oversight Agreement relating to the Property or group of Properties, reviewing the progress of the
Agency in carrying out the terms of this Oversight Agreement, conducting such tests as DTSC may
determine are necessary, and verifying the data submitted to DTSC by the Agency.
10. Sampling, Data and Document Availability. The Agency will submit to DTSC a listing of all known
reports in its possession, including sample analysis results, environmental assessment reports, and any
other information in its possession pertinent to the hazardous substance and hazardous waste
management and/or release, characterization and cleanup of a Property or group of Properties. The
Agency will provide copies of any non -privileged reports or information requested by DTSC and will
identify privileged or other confidential documents that the Agency is not providing. The Agency will also
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inform DTSC of any other known reports and documents, not in its possession, pertinent to the hazardous
substance and hazardous waste management and/or release, characterization and cleanup of a Property
of group of Properties, including the name of the document (if known) and the identity and address of the
person/entity with possession of the document (if known).
11. Notification of Field Activities. The Agency will inform DTSC at least seven (7) days in advance of
all field activities which the Agency undertakes, including activities the Agency directs a third party to
undertake, pursuant to this Oversight Agreement at each Property or group of Properties and will allow
DISC and its authorized representatives to take duplicates of any samples collected by the Agency
pursuant to this Oversight Agreement.
12. Notification of Environmental Condition. The Agency shall notify DTSC's Agreement Manager
immediately upon learning of any condition posing an immediate threat to public health or safety or the
environment. Within seven (7) days of the Agency's discovery of such a condition, the Agency shall
submit a brief report to DTSC, setting forth the events that occurred and the measures taken, if any, in
response to those events
13_ Preservation of Documentation. The Agency will maintain a central repository of the data,
reports, other documents that it prepares pursuant to this Oversight Agreement and other documents
relevant to the activities conducted under this Oversight Agreement. Ali such data, reports and other
documents regarding a specific Property or group of Properties will be preserved by the Agency for a
minimum of six (6) years after the conclusion of all activities carried out under this Oversight Agreement
with respect to that Property or group of Properties. If DTSC requests that some or all of these
documents be preserved for a longer period of time, the Agency will either: (i) comply with that request,
(it) deliver the documents to DTSC, or (iii) permit DTSC to copy the documents prior to destruction.
Following the expiration of the six -year minimum retention period for documents regarding a Property or
group of Properties, the Agency will notify DISC in writing at least ninety (90) days before destroying any
documents prepared pursuant to this Oversight Agreement with respect to that Property or group of
Properties. If any litigation, claim, negotiation, audit or other action involving the records has been started
before the expiration of the six year period with respect to a Property or group of Properties, the related
records will be retained until the completion and resolution of all issues arising from that action or until the
end of the six -year period, whichever is later.
14. Time Periods. Unless otherwise specified, time periods begin from the date this Oversight
Agreement is fully executed, and "days" means calendar days. "Business days" means all calendar days
that are not weekends or official State holidays.
15. Agency Liabilities. This Oversight Agreement shall not be construed in any rranner as an
admission by the Agency of any fact or liability of any kind, nor shall this Oversight Agreement be
considered or interpreted as an admission or an assumption by the Agency of any liability or
acknowledgment of liability or responsibility for the investigation or assessment of, response or
remediation to any environmental condition on any Property or group of Properties or the costs of such
activities, for which the Agency is not otherwise liable or responsible. Nothing in this Oversight
Agreement shall constitute or be considered a satisfaction or release from liability for any condition or
claim arising as a result of Agency's past, current, or future operations. Nothing in this Oversight
Agreement is intended or shall be construed to limit the rights of any of the Parties with respect to claims
arising out of or relating to the release, discharge, deposit or disposal of hazardous substances or
hazardous wastes at the Property or group of Properties or at any other location, if such hazardous
substances or hazardous wastes are removed from a Property or group of Properties.
16. State Government Liabilities. The State of California (State) shall not be liable for any injuries or
damages to persons or property resulting from acts or omissions by the Agenc.y or its directors, officers,
employees, agents, representatives, successors, assigns, contractors or consultants in carrying out any
action or activity pursuant to this Oversight Agreement. Neither DTSC nor the State may be deemed to
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be a party to any contract entered into by the Agency or its directors, officers, employees, agents,
successors, assigns, contractors or consultants in carrying out any action or activity pursuant to this
ig:.: greement.
17. Third Party Actions. In the event that the Agency is a party to any suit or claim for damages or
contribution to which DTSC is not a party, relating to a Property or group of Properties subject to this
Agreement, the Agency will notify DISC in writing within ten (10) days after service of the complaint in the
third -party action. However, failure to give such notice within 10 days will not be a material breach of this
agreement, and this requirement confers no rights on any third parties not party to this Agreement.
18. Reservation of Rights. DTSC and the Agency each reserve the following rights.
a. DTSC reserves its right to pursue cast recovery under the Comprehensive Environmental
Respcnse, Compensation, and Liability Act of 1980 (CERCLA), as amended, California Health and Safety
Code sections 25201.9, 25343, 25360, 33459.3, subdivision (m) and any other law. The Agency
reserves its rights to pursue cost recovery under the California Health and Safety Code section 33459-
33459.8 (Polanco Act) and any other applicable section of the law.
b. Nothing in this Oversight Agreement is intended or shall be construed to limit, preclude or
affect the authority of (DTSC to pursue any legal, equitable or administrative remedies pursuant to state or
federal law or to take any action authorized by law or equity to protect public health and safety or the
environment and recovering the costs thereof, including DTSC's authority to take action, or require other
per' oils to take action, under chapter 6.5 or chapter 6.8 of division 20 of the Health and Safety Code or
under the Polanco Act and to recover DTSC's costs for those actions.
c. Nothing in this Oversight Agreement shall constitute or be construed as a waiver,
defense to, or limitation on of the Agency's rights (including any covenant not to sue or release). with
respect to any claim, cause of action, or demand in law or equity that the Agency may have against any
person, as defined in section 101(21) of CERCLA, or Health and Safety Code section 25319, who is not a
signatory to this Oversight Agreement.
19. Compliance with Applicable Laws. Nothing in this Oversight Agreement relieves the Agency from
complying with all applicable laws and regulations, and the Agency will conform to all actions required by
this Oversight Agreement to all applicable federal, state and local laws and regulations.
2p California Law. This Oversight Agreement shalt be governed, performed and interpreted under
thhel laws of the State of California.
21. Parties Bound. This Oversight Agreement applies to and is binding, jointly and severally, upon
each signatory and upon any successor agency of either the Agency or the State of California that may
have responsibility for and jurisdiction over the subject matter of this Oversight Agreement Nc change in
the ownership or corporate or business status of a Property or group of Properties or any owner of a
Property or group of Properties shall alter any signatory's responsibilities under this Oversight Agreement.
22. Severability. If any portion of this Oversight Agreement is ultimately determined not to be
enforceable, that portion will be severed from the Oversight Agreement and the severability shall not
affect the enforceability of the remaining terms of the Oversight Agreement.
23. Amendments. Except as otherwise specified in this section and in section 2.2 of this Oversight
Agreement, this Oversight Agreement may be amended as specified in this section to withdraw any
Property or group of Properties from this Oversight Agreement. The Agency may withdraw a Property or
group of Properties from this Oversight Agreement by giving written notice to DTSC that the Agency wit
stop work on that Property or group of Properties within the next thirty (30) days. DTSC may withdraw a
Property or group of Properties by giving written notice to the Agency that DTSC will stop work on that
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Property or group of Properties within the next thirty (30) days. The effective date of withdrawal is the
end of the 30 day notice period. Prior to stopping work on a Property or group of Properties, the Agency
ist ensure that the Property or group of Properties will pose no greater public health or environmental
risk than it posed prior to the Agency's activities on the Property or group of Properties. In the event that
the Agency withdraws a Property or group of Properties from this Oversight Agreement, the Agency will
be responsible for DTSC's costs through the effective date of withdrawal. The Scope of Work may be
amended by mutual written agreement of the parties. Such amendments or modifications are effective on
the third business day following the day the last Party signing the amendment or modification sends its
notification of signing to the other Party. The Parties may agree to a different effective date. An
amendment to incorporate a Property or group of Properties into this Oversight Agreement and to
incorporate by reference site -specific Exhibits for that Property or group of Properties shall be made as
specified in subsections 2.1, 2.2, and 2.3 of this Oversight Agreement.
24. Termination for Convenience. Except as otherwise provided in this Section, each Party to this
Oversight Agreement reserves the right to unilaterally terminate this Oversight Agreement for any reason.
Termination requires that either Party give a thirty (30) day advance written notice of the election to
terminate this Oversight Agreement to the other Party. Prior to termination the Agency must ensure that
the Property or croup of Properties will pose no greater public health or environmental risk as a result of
the Agency activities than it posed prior to the Agency's activities at the Property or group of Properties_
In the event that this Oversight Agreement is terminated under this section and subject to Section 2.7 of
the Oversight Agreement, the Agency will be responsible for DTSC's costs through the effective date of
termination_
(Page 39 of 69)
EXHIBIT: F
SAMPLE RESOLUTION AUTHORIZING AGENCY TO CONTRACT WITH DTSC
P.esolution authorizing the [Authorized Official] to Execute Contracts with the California Department of
Toxic Substances Control
WHEREAS, the [Name of Agency] determines and declares that it may enter into agreements with State
agencies for [Year], and
WHEREAS, [Name of Agency] may take any actions that [Name of Agency] deterrines are necessary
and that are consistent with state and federal laws to remedy or remove a release of hazardous
substances on, under, or from a property located in a Redevelopment Project Area if certain conditions
are met.
THEREFORE, BE IT RESOLVED BY THE [name of legislative body] that the [authcrized Agency official]
is hereby authorized to enter into and execute contracts for the [Name of Agency], with the California
Department of Toxic Substances Control, subject to all conditions.
I HEREBY CERTIFY that the foregoing is a true and correct copy of a Resolution introduced and passed
at a noticed meeting of the [name of Agency] held on [date].
Signed:
Title of Authorized Official. the Agency will be responsible
for DTSC costs through the effective dale of termination.
Date:
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2.7.1 In anticipation of the services to be rendered under this Oversight Agreement, the
Agency will make an advance payment of $37,492 to DTSC no later than thirty (30) days after the
..ffective date of this Oversight Agreement. If the Agency's advance payment does not cover all costs
p _, able to DTSC under this subsection, DTSC will invoice the Agency quarterly. The Agency agrees to
pay the additional costs within sixty (60) days of receipt of DTSC's quarterly invoice.
2.7.2 All payments made by the Agency for activities performed for a Property or group of
Properties pursuant to this Oversight Agreement will be by check made payable to the "Department of
Toxic Substances Control," and bearing on its face the project code for the Property or group of
Properties (See Exhibit B) and the Contract Number of this Oversight Agreement. All payments made by
the Agency for DTSC activities performed pursuant to this Oversight Agreement, but not applicable to a
Property or group of Properties will be by check made payable to the "Department of Toxic Substances
Control" and bearing on its face the project code for this Oversight Agreement [401477 (11 WP)] and the
Contract Number of this Oversight Agreement. Payments should be sent to:
Department of Toxic Substances Control
Accounting/Cashier
1001 I Street, 21s' Floor
P.O. Box 806
Sacramento, California 95812-0806
2.8 Exhibits. Standard provisions of this Oversight Agreement are contained in Exhibit E (Oversight
Agreement Standard Provisions), which is attached to this Oversight Agreement. All exhibits attached to
this Oversight Agreement, including Exhibit E, are incorporated into this Oversight Agreement by
reference.
2.9. Effective Date. The effective date of this Oversight Agreement is the date when this Oversight
Agreement is fully executed.
2.10. Representative Authority. Each undersigned representative of the Parties to this Oversight
Agreement certifies that she or he is fully authorized to enter into the terms and conditions of this
Oversight Agreement and to execute and legally bind the Parties to this Oversight Agreement.
2.11 _ Counterparts. This Oversight Agreement may be executed and delivered in any number of
counterparts, each of which when executed and delivered shall be deemed to be an original, but such
counterparts shall together constitute one and the same document.
See Attached Standard 213 for Signature
Date:
Tamarra Axton
Chief, Contract Development
Contracts &Business Management Branch
Department of Toxic Substances Control
Date:
Patricia Beard
Redevelopment Manager
City Community Development Commission
City of National