HomeMy WebLinkAbout2002 CON CDC Environmental Business Solutions - Hoover Ave.r--
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Received
APR 0 4 2002
Environmental Business
Solutions, Inc
ENVIRONMENTAL
BUSINESS
SOLUTIONS
Inc.
CONFIDENTIAL AND PRIVILEGED
NOT TO BE DISCLOSED TO NON -CLIENT PARTIES
Copyright 2002 Environmental Business Solutions
March 29, 2002
Proposal Number: 99P 1789.44
Exhibit 44
Mr. Eric Crockett
Project Manager
Community Development Commission of National City
140 East 12`h Street, Suite B,
National City, California 91950
RE: Agreement for Services 99P1789.44
Phase I Environmental Site Assessment (Assessment)
2020 Hoover Avenue, National City, California (Site)
Dear Mr. Crockett:
Environmental Business Solutions, Inc. (EBS) is pleased to present this proposal to conduct an
Assessment of the above -referenced Site. Upon your signature, this proposal will serve as
Exhibit 44 to the previously executed Consulting Agreement (Contract) between EBS and the
Community Development Commission of National City (CDC) (Client). This proposal is based
on our conversations and a preliminary review of our in-house copy of the County of San Diego
Department of Environmental IIealth (DEH) Hazardous Materials Management Division
(HMMD) HE-17 database of facilities storing hazardous materials, generating hazardous wastes,
and with unauthorized releases.
BACKGROUND
Based on our conversations and preliminary research, we understand that the Site
consists of a warehouse and associated parcel located in National City, California. We
understand that the Site is currently used by the American Red Cross for storage and
vehicle maintenance. We understand that the Site building was constructed in between
1967 and 1970, and is approximately 6,150 square feet in size. EBS conducted a
preliminary review of the DEH Hazardous Material Management HE-17 database, dated
January 2002. The Site tenant and two tenants at a nearby facility were listed on this
database.
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"Providing Fen r,o,nic Environmental Solutions to the Business (:ommunity-
799 Balboa Avenue. Suite 290 • San Diego, California 9212:3 • Phone: 858.571.550n • Fax: 858.571.5357 • info@cbsenvironmental.com
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Community Development Commission AGREEMENT FOR SERVICES
Proposal Number: 99P1789.44 Page 2 of 11
March 29, 2002 Environmental Business Solutions
The American Red Cross was reported to generate the following wastes: organic liquids
with metals, aqueous solution with metals, used oil filters, waste oil and mixed oil,
unspecified aqueous solution, and hydrocarbon solvents. The Site tenant was also
reported to use/store the following hazardous materials or petroleum products: ethylene
glycol, compressed acetylene gas , compressed oxygen gas, and lubricating oil. The Site
tenant was reported to have had one underground storage tank (UST) closed by removal
and to have one UST in operation. A 1,000-gallon waste oil UST was reported to have
been closed by removal. A 12,000-gallon diesel UST is reported to currently be in
service at the Site.
The Site tenant was reported to have 39 violations, including one disposal of waste to
an unauthorized point and numerous violations related to the UST monitoring and
documentation requirements. This Site was also reported to have two closed DEH
"release" cases. One of these release case was reported to have been related to the waste
oil UST. This release was reported to have been discovered in October 1988, and was
reported to have been closed in January 1998. The second release case was also reported
to have been related to a UST but the UST was not specified. This release was reported
to have been discovered in September 1999, and was reported to have been closed in
November 1999.
The nearby facility also listed on the database was reported to be 2100 Hoover Avenue.
Two tenants at this facility, National City Transit and the Public Works Department,
were included on the database.
National City Transit was reported to generate the following wastes: aqueous solution
with metals, used oil filters, waste oil and mixed oil, and hydrocarbon solvents. National
City Transit was reported to have had one 12,000-gallon diesel closed by removal.
National City Transit was reported to have 13 violations, and to have one closed DEH
"release" case. The release case was reported to have been related to a UST. This release
was reported to have been discovered in January 1998, and was reported to have been
closed in June 1998.
The Public Works Department was reported to generate the following wastes: paint
sludge, used batteries, organic liquids with metals, degreasing sludge, used oil filters,
waste oil and mixed oil, halogenated solvents, unspecified organic liquid mixture, and
hydrocarbon solvents. The Public Works Department was reported to use/store the
following hazardous materials or petroleum products: sulfuric acid, automatic
transmission hydraulic fluid, lubricating oil, grease, chromium, acetylene, hydroxide,
and paint. The Public Works Department was reported to have had two USTs closed by
removal, four USTs closed in place, and two USTs in operation. One 500-gallon lube
oil UST, one 3,000-gallon unleaded gasoline UST, one 3,000-gallon diesel UST, and
one 10,000-gallon diesel UST were reported to have been closed in place. One 500-
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Community Development Commission
Proposal Number: 99P1789.44
March 29, 2002
AGREEMENT FOR SERVICES
Page 3 of 11
Environmental Business Solutions
gallon waste oil UST and one 500-gallon lube oil UST were reported to have been
closed by removal. One 5,000-gallon diesel UST and one 15,000-gallon unleaded
gasoline UST were reported to currently be in service. This facility tenant was reported
to have 34 violations, to have one closed DEH "release" case, and to have one open
DEH "release" case. The first release case was reported to have been related to a UST.
This release was reported to have been discovered in January 1987, and was reported to
be open. The second release was not reported to be related to a UST. This release was
reported to have been discovered in December 1991, and was reported to have been
closed in March 1999.
Please note that this Assessment will be conducted in general accordance with the
ASTM Standard Practice for Phase I Environmental Site Assessment Process E 1527-
00, and the scope, conditions, and limitations of Exhibit 44.
The ASTM standard was not developed to identify all environmental risk 10 property.
The standard was developed to allow a user (the Client) to qualify for the innocent
purchaser defense to CERCLA liability, which directs "all appropriate inquiry into the
previous ownership and uses of a property consistent with good commercial or
customary practice." Unless otherwise explicitly agreed to in the Contract, the scope of
work in this proposal does not include asbestos, radon, lead -based paint, lead in drinking
water and wetlands, regulatory compliance, cultural and historic resources, industrial
hygiene, health and safety, ecological resources, endangered species, indoor air quality,
and high voltage power lines. An evaluation of business environmental risk associated
with a parcel of commercial real estate may necessitate investigation beyond that
identified herein.
OBJECTIVE
The objective of the proposed scope of services is to assess the likelihood that
recognized environmental conditions' are present at the Site from the current or
historical Site land use or from a known and reported off -site source.
As defined in ASTM E 1527-00, the term recognized environmental conditions means: "the presence or likely
presence of any hazardous suhstances or petroleum products on a property under conditions that indicate an
existing release, a past release, or a material threat of a release of any hazardous suhstances or petroleum products
into structures on the property or into the ground, groundwater, or surface water of the property. The term
includes hazardous suhstances or petroleum products even under conditions in compliance with laws. The term
is not intended to include de minimis conditions that generally do not present a material risk of harm to public
health or the environment and that generally would not be the subject of an enforcement action if brought to the
attention of appropriate governmental agencies."
Community Development Commission
Proposal Number: 99P1789.44
March 29, 2002
SCOPE OF SERVICES
AGREEMENT FOR SERVICES
Page 4 of 11
Environmental Business Solutions
The scope of services that has been designed to meet the objective is as follows:
Task I Site and Site Vicinity Reconnaissance
A Site and Site vicinity reconnaissance will be conducted by a professional site
reconnaissance team from EBS. The team will be overseen by Mr. Daniel Johnson of
EBS. Mr. Johnson is a Principal of the firm and has been involved with over 500 Phase
I assessments. In addition, Mr. Johnson is a member of the ASTM committee which
recently issued nationally recognized guidelines on performing Phase I assessments.
The purpose of the reconnaissance will be to observe and document existing Site and
Site vicinity conditions. In particular, EBS personnel will note evidence of present or
past land uses that may have involved the storage, use, or disposal of hazardous
materials or wastes. EBS personnel will note the obvious presence of indicators of
hazardous materials/wastes at the Site and the immediate Site vicinity that could impact
the Site, such as:
• Above and underground storage tanks;
• I-1g7ardous materials/wastes;
• Active and inactive landfills;
• Fuel dispensers:
• Chemicals and raw materials;
• Transformers and other sources of polychlorinated biphenyls (PCBs);
• Pits, sumps, dry wells and catch basins;
• Drums;
• Large areas of staining or discolored soil or concrete; and
• Stressed or dead vegetation.
Available personnel will be interviewed regarding potential hazardous waste activities
at the Site and in the immediate Site vicinity. An Environmental Questionnaire and
Disclosure Statement will be submitted to a Site representative, and information from
the questionnaire will be included in the report of findings. Color photographs will be
taken to document Site and Site vicinity conditions. Please note that this Assessment
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Community Development Commission
Proposal Number: 99P1789.44
March 29, 2002
AGREEMENT FOR SERVICES
Page 5 of 11
Environmental Business Solutions
does not include a survey of asbestos -containing materials (ACMs); an asbestos
sampling and analysis program would be required to quantitatively establish the
presence of ACMs.
Task II Regulatory Agency Record Review
The readily available regulatory agency records will be reviewed to assess the possible
impacts to the Site from on- and off -site sources of hazardous materials. These records
are from the California Regional Water Quality Control Board (RWQCB), California
Integrated Waste Management Board, local hazardous waste enforcement agency (San
Diego County Department of Environmental Health), California Environmental
Protection Agency (CAL -EPA), United States Environmental Protection Agency (EPA),
and local fire department. We will contract with a database search company to provide
us with a database report covering the Site. The database report includes a review for
the following:
• Permitted and leaking underground storage tanks;
• Hazardous materials storage and waste generation (detailed review for
Site and adjacent properties only);
• Landfills;
• "Superfund" sites (state and federal);
• Pre -cursor Superfund sites (CAL -Sites and CERCLIS listings); and
• Hazardous waste and substance sites (HWSSL).
The review of the above -referenced records will be augmented by a review of our in-
house HMMD HE-1790 Hazardous Materials Database for the Site and adjacent
properties, if applicable. Additionally, a list of polluted wells identified pursuant to
Assembly Bill 1803 will be reviewed for such wells within 1 mile of the Site.
Regulatory agency personnel will be interviewed and files reviewed, as necessary, to
further evaluate possible hazardous wastes impacts to the Site. In order to complete the
assessment, it may be necessary to review files (e.g., leaking tanks or releases) for the
Site or facilities in the immediate Site vicinity. Because additional files may need to be
reviewed, a contingency for this purpose is described on page 6. This contingency is
intended to "close the loop" on possible issues that can be resolved with detailed file
review (instead of delaying the project by recommending a file review at the conclusion
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Community Development Commission
Proposal Number: 99P1789.44
March 29, 2002
AGREEMENT FOR SERVICES
Page 6 of 11
Environmental Business Solutions
of a Phase I). At this point we anticipate reviewing the three tiles for the Site and the
adjacent facility.
Task III Historical Aerial Photograph and Land Use Review, and Water
Quality Survey
To assess possible historical sources of introduction of hazardous materials/wastes to
the Site, readily available historical and recent aerial photographs will be reviewed.
Sources of aerial photographs may include, but are not limited to:
City and county;
U.S. Department of Agriculture;
• U.S. Geological Survey (USGS);
• Commercial photo banks;
• Historical societies; and
• Any aerial photographs currently owned by the Client.
In addition to historical aerial photographs, other readily available documents and
reports that may have a bearing on historical land uses will be reviewed. Such
documents may include, but are not limited to:
• Historical USGS topographic maps;
• I Iistorical Sanborn fire insurance maps or business directories;
• Chain -of -title reports provided by the Client;
• Building permits; and
• Other reports and maps as made available by the Client.
Appropriate personnel will be interviewed, as necessary, to obtain additional
information on the historical use of the Site. Also, as part of this task we will review
readily available information regarding the topography, geology, hydrogeology, and soils
of the Site vicinity. This information may include, but is not limited to USGS
topographic maps, California Division of Mines and Geology geologic surveys,
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Community Development Commission
Proposal Number: 99P1789.44
March 29, 2002
AGREEMENT FOR SERVICES
Page 7of11
Environmental Business Solutions
RWQCB designation of surface and groundwater uses, available USGS groundwater
reports, and available U.S. Soil Conservation reports. Available information on the
direction of flow and depth of groundwater within the Site vicinity will also be
reviewed.
Task IV Data Evaluation, Figure Preparation, and Assessment Report
After completion of the Site and Site vicinity reconnaissance and data review, this
information will be evaluated and formatted for inclusion into a letter report (Report).
The Report will include an assessment of the likelihood that a recognized environmental
condition exists at the Site from current or historical Site land use, or from a known and
reported off -site source. The Report will include figures depicting current Site vicinity
conditions and items of potential concern, as well as color photographs of the Site.
Opinions, conclusions, and recommendations, if appropriate, will be included in the
Report. The Report will be peer reviewed and signed by the appropriately registered
professionals.
The estimated budget also includes limited time for project management activities such
as planning, client communication and liaison, project status updates, and budget and
invoice review by the Project Manager.
Estimated Schedule and Costs
We estimate that the total time necessary to complete the above phased scope of services
is approximately 20 to 25 working days upon receipt of the executed contractual
documents as specified on page 9. Please note that we should be able to provide you
with a verbal report of our findings within approximately 12 to 14 working days. We
anticipate being able to start work on the project immediately upon receipt of the
executed contractual documents.
Please be aware that the timing of regulatory agency file review is outside of our control.
It frequently takes three weeks or more for files to be made available for review and
duplication. Because timing on this project is an important issue, as significant
information becomes available, we will apprize you verbally as soon as possible. In the
event files are not available for our review in a timely fashion and depending on your
schedule, we will either issue the report without the information, subject to a follow-up
letter, or wait to issue the report until the data is available.
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Community Development Commission
Proposal Number: 99P1789.44
March 29, 2002
AGREEMENT FOR SERVICES
Page 8 of 11
Environmental Business Solutions
THE LUMP SUM COST FOR THE PHASE I SITE ASSESSMENT DESCRIBED HEREIN IS
$3,500.
THE LUMP SUM COST FOR THE OPTIONAL REGULATORY FILE REVIEW DESCRIBED
HEREIN IS AS FOLLOWS: $150.00 PER COMPLIANCE/INSPECTION FILE AND $150.00
PER REPORT WITHIN EACH UNAUTHORIZED RELEASE FILE. THESE COSTS INCLUDE FILE
REVIEW TIME, DATA EVALUATION AND REPORTING. AGENCY COPY COSTS WILL BE
CHARGED AT COST. UP TO A MAXIMUM OF 10 FILES/REPORTS WILL BE REVIEWED
WITHOUT ADDITIONAL CLIENT AUTHORIZATION/APPROVAL.
Compensation described herein shall be subject to renegotiation if authorization to
proceed has not been given within 30 days of the date of the Agreement of Services. We
propose to perform our services, and invoice, in accordance with the previously
executed Consulting Agreement and the attached Schedule of Rates and Conditions of
Service.
If we may assist you in any way, please do not hesitate to call our office at (858) 57l -
5500. We look forward to working with you on this important project.
Respectfully,
ENVIRONMENTAL BUSINESS SOLUTIO
Nicki M. Field
Senior Staff Scientist
Enclosures
F \Proposals r99\99p1751 to 1800\990789 (CDC of National City)\99P1789.44 (2020 Hoover)\.99P1789.44.wpd
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Community Development Commission
Proposal Number: 99P1789.44
March 29, 2002
AGREEMENT FOR SERVICES
Page 9 of 11
Environmental Business Solutions
Upon acceptance and execution of this proposal, this document may serve as Exhibit 44 to the
previous executed Consulting Agreement between EBS and the Client. The Client should sign
the tv f o. sed opies of Exhibit 44 and return a signed Exhibit o us for our records.
Signa e of the E : S Representative
Printed Name
Title
Date
Signature of Client Representative
PAUL DESROCHERS
Executive Director
Printed Name
Title
Received
APR 0 4 2002
Environmental Business
Solutions, Inc
Community Development Commission
Proposal Number: 99P1789.44
March 29, 2002
AGREEMENT FOR SERVICES
Page 10 of 11
Environmental Business Solutions
CONDITIONS OF SERVICE
This Agreement for Services is based on, but not limited to, the following conditions:
Site Conditions
• 'I'he Site consists of a warehouse and associated parcel at 2020 Hoover Avenue,
National City, California.
• No hazardous concentrations of chemicals will be encountered during the field
program which will require immediate remedial activities.
•
APO
This proposal is based on EBS performing a Phase I environmental site
assessment in general accordance with ASTM guidance, as applicable, and does
not include an assessment of the possible presence of asbestos, radon, or lead -
based paint, whether by visual observation or by sampling and analysis. If the
Client so desires, these services can be provided for an additional fee.
Client Service Support
•
The Client will provide available reports (such as geotechnical and grading),
maps, as -built drawings, and all other documentation regarding historical land
usage and Site history, including, but not limited to, construction plans,
subsurface investigations, geophysical studies, and copies of previous
environmental studies.
• In addition, the Client will provide EBS with any information regarding:
Environmental liens recorded against the Site property;
— Reasonable ascertainable recorded land title records;
Any specialized knowledge or experience of the Client; and
- Actual knowledge of the Client as to the reason for a significantly lower
purchase price. if any.
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• The Client will assist in scheduling the Site visit and provide access to the Site.
Basis for Estimated Budget and Schedule
• No scheduling or other unforeseen difficulties in obtaining data are encountered.
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Community Development Commission
Proposal Number: 99P1789.44
March 29, 2002
AGREEMENT FOR SERVICES
Page 11 of 11
Environmental Business Solutions
• The budget allows for one visit to complete the Site reconnaissance. Any
additional visits (due to restricted access/tenant not being available) will be
charged according to our 2002 Schedule of Rates. A minimum $250.00
remobilization fee will apply.
• The Site vicinity includes properties within approximately one-half mile of the
Site, and the immediate Site vicinity includes properties adjacent to the Site.
• Restrictions on hours work can be performed do not impact work progress.
•
•
Please note that the budget includes $15.00 in copying costs only. Should
additional copying of regulatory records or files be necessary, you will be
charged on a time and materials basis.
Two copies of the Assessment Report will be provided to the Client. Should
additional copies be requested they will be prepared on a time and materials
basis in accordance with the currently applicable fee schedule.
General
Title 22, Califomia Code of Regulations will serve as the appropriate reference
for assessing what is a hazardous waste.
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CDC Preferred
Schedule of Rates
2002 - 2003
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Professional Staff
N r'II ONMENTAL
BUSINESS
SOLUTIONS
Inc.
Principal
Senior Project Manager
Project Manager
$150.00
$122.00
$1 13.00
Assistant Project Manager S 97.00
Senior Staff Professional $ 89.00
Staff Professional $ 79.00
Assistant Staff Professional $ 69.00
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Technical Staff
Technician $ 62.00
Word Processor S 47.00
Administrative Assistant S 42.00
Illustrator S 55.00
Assistant Illustrator S 43.00
Technical Editor S 55.00
Additional Terms and Conditions
• Expert witness testimony (depositions and trial) will be charged at $200.00 per hour. Preparation for testimony
and general litigation support will be charged at normal hourly rates.
• Direct project expenses (such as field equipment, subcontracted services including drilling, laboratory analyses,
etc., permits, supplies, etc.) will be charged at cost plus 15 percent. For an initial scope of work or a scope of
services change in excess of $50,000, the markup will be cost plus 10 percent. Field vehicles will be charged at
S10.00 per hour when used. Mileage in excess of 100 miles per day will be charged at 0.30 cents per mile.
• Per diem will be charged on all projects requiring overnight stays from our office. The per diem rate is $75.00 per
day per person or the federal per diem rate for the area, whichever is greater.
• Unused equipment and supplies may be returned only if our vendor agrees to accept the return. In this instance
the supplies will he subject to the same restocking charge required by our vendor, plus shipping. If our vendor will
not accept these items as a return, the items will be billed as ordered.
• Communications including telephone, facsimile and postage will be charged at 5 percent of the invoiced staff hours.
The rationale and methodology for determining our Schedule of Rates is based on Manual 45c of the American Society
of Civil Engineers.
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"Providing Economic Lnvironmenlal .Solutions to the Business Connrrunity"
8799 Balboa Avenue, Suite 290 • San Diego, California 92123 • Phone: 858.571.5500 • Fax: 858.571.5357 • info@ebsenvirunmental.cum
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2002 - 2003 EQUIPMENT BILLING LIST
ENVIRONMENTAL BUSINESS SOLUTIONS, INC.
EQUIPMENT RATE (S)
Drager Kit 25/Day
Drager Tubes 5/Tube
Flow Meter Assembly 100/Day
Gastech Meter 75/Day
Generator 50/Day
Hand Auger 50/Day
Power !land 1 leld Auger l00/Day
Tube and Caps 5/Tube
Tedlar Bags 20/Bag
Organic Vapor Meter 75/Day
Sample Jars (Soil or VOA) 5/Jar
Bailers - Teflon or Stainless 25/Day
Bailers - Disposable 1 5/Each
Bailers - PVC 10/Day
10 ML Visqueen 20' x 100' 100/Roll
Expendable Field Supplies 25'Day
(caution tape, decontamination equipment, ice
sampling jars, etc.)
Hazardous Waste Field Kit 50/Day
(for any field sampling; personal protective equipment
through Level C; protective clothing, respirators, gloves, etc.)
Hazardous Waste Field Kit
(for bevel A or B) Quoted/Job Specific
Vehicle 10/Hour
Miles (over 100 per day) .40/Mile
Still Camera 10/Day
Film and Processing 20/Roll
Digital Camera (includes contact sheet & color printing) 15/Day
Sampler 50/Day
Fluid Petroleum Level Meter 75/Day
pH/Temp/Conductivity Meter 50/Day
Water Sampling Pump (with controller)(Grundfos or equivalent) 125/Day
Water Sampling Pump (DC - low flow) 50/Day
Copies .10/Page
Color Copies/Prints (8 %: x 11) 1.20/Page
Color Copies/Prints (11 x 17) 2.20/Page