Loading...
HomeMy WebLinkAbout2006 CON CDC Rore Environmental - Ace MetalsAGREEMENT BY AND BETWEEN THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AND RORE ENVIRONMENTAL SCIENCE AND ENGINEERING THIS AGREEMENT is entered into this 17th day of October, 2006, by and between the COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY, a municipal corporation (the "CDC"), and RORE ENVIRONMENTAL . SCIENCE AND ENGINEERING, INC. (the "CONTRACTOR"). RECITALS WHEREAS, the CDC desires to employ a CONTRACTOR to prepare and implement a site assessment and mitigation plan for the CDC owned property located at 720 West 23rd Street, formerly known as the ACE Metals. WHEREAS, the CDC has determined that the CONTRACTOR is an Enviromental Science and Engineering firm and is qualified by experience and ability to perform the services desired by the CDC, and the CONTRACTOR is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONTRACTOR. The CDC hereby agrees to engage the CONTRACTOR, and the CONTRACTOR hereby agrees to perform the services hereinafter set forth in accordance with all terms and conditions contained herein. The CONTRACTOR represents that all services required hereunder will be performed directly by the CONTRACTOR, or under direct supervision of the CONTRACTOR. 2. SCOPE OF SERVICES. The CONTRACTOR will perform services as set forth in the attached Exhibit "A". The CONTRACTOR shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CDC for such services, except as authorized in advance by the CDC. The CONTRACTOR shall appear at meetings cited in Exhibit "A" to keep staff and the Community Development Commission advised of the progress on the project. The CDC may unilaterally, or upon request from the CONTRACTOR, from time to time reduce or increase the Scope of Services to be performed by the Revised August 2005 CONTRACTOR under this Agreement. Upon doing so, the CDC and the CONTRACTOR agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services, not to exceed a factor of 20% from the base amount. 3. PROJECT COORDINATION AND SUPERVISION. Stephen Kirkpatrick hereby is designated as the Project Coordinator for the CDC and will monitor the progress and execution of this Agreement. The CONTRACTOR shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONTRACTOR. Gita Murty thereby is designated as the Project Director for the CONTRACTOR. 4. COMPENSATION AND PAYMENT. This contract is for $464,890. The compensation for the CONTRACTOR shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work described in Exhibit "A" shall not exceed the schedule given in Exhibit "A" (the Base amount) without prior written authorization from the CDC Project Coordinator. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit "A"as determined by the CDC. The CONTRACTOR shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CDC and for furnishing of copies to the CDC, if requested. 5. LENGTH OF AGREEMENT. The length of this contract is one year. Completion dates or time durations for specific portions of the Project are set forth in Exhibit "B". 6. DISPOSITION AND OWNERSHIP OF DOCUMENTS. Memoranda, reports, maps, drawings, plans, specifications and other documents prepared by the CONTRACTOR for this Project, whether paper or electronic, shall become the property of the CDC for use with respect to this Project, and shall be turned over to the CDC upon completion of the Project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONTRACTOR hereby assigns to the CDC, and CONTRACTOR thereby expressly waives and disclaims, any copyright in, and the right to reproduce, all written material, drawings, plans, specifications or other work prepared under this Agreement, except upon the CDC's prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONTRACTOR shall, upon request of the CDC, execute any further document(s) necessary to further effectuate this waiver and disclaimer. 2 Revised August 2005 The CONTRACTOR agrees that the CDC may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium or method utilize the CONTRACTOR's written work product for the CDC's purposes, and the CONTRACTOR expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. Any modification or reuse by the CDC of documents, drawings or specifications prepared by the CONTRACTOR shall relieve the CONTRACTOR from liability under Section 14 but only with respect to the effect of the modification or reuse by the CDC, or for any liability to the CDC should the documents be used by the CDC for some project other than what was expressly agreed upon within the Scope of this project, unless otherwise mutually agreed. 7. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners or joint venturers with one another. Neither the CONTRACTOR nor the CONTRACTOR'S employees are employees of the CDC and are not entitled to any of the rights, benefits or privileges of the CDC's employees, including but not limited to retirement, medical, unemployment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONTRACTOR and the CONTRACTOR's employees, and it is recognized by the parties that a substantial inducement to the CDC for entering into this Agreement was, and is, the professional reputation and competence of the CONTRACTOR and its employees. Neither this Agreement nor any interest herein may be assigned by the CONTRACTOR without the prior written consent of the CDC. Nothing herein contained is intended to prevent the CONTRACTOR from employing or hiring as many employees or subcontractors as the CONTRACTOR may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONTRACTOR with its subcontractor(s) shall require the subcontractor to adhere to the applicable terms of this Agreement. 8. CONTROL. Neither the CDC nor its officers, agents or employees shall have any control over the conduct of the CONTRACTOR, or any of the CONTRACTOR's employees except as herein set forth, and the CONTRACTOR expressly agrees not to represent that the CONTRACTOR or the CONTRACTOR's agents, servants or employees are in any manner agents, servants or employees of the CDC, it being understood that the CONTRACTOR, its agents, servants and employees are as to the CDC wholly independent contractors, and that the CONTRACTOR's obligations to the CDC are solely such as are prescribed by this Agreement. 9. COMPLIANCE WITH APPLICABLE LAW. The CONTRACTOR, in the performance of the services to be provided herein, shall comply with all applicable state and Federal statutes and regulations, and all applicable ordinances, rules and regulations of the City of National City, whether now in force or subsequently enacted. 3 Revised August 2005 The CONTRACTOR, and each of its subcontractors, shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement. 10. LICENSES, PERMITS, ETC. The CONTRACTOR represents and covenants .that it has all licenses, permits, qualifications and approvals of whatever nature that are legally required to practice its profession. The CONTRACTOR represents and covenants that the CONTRACTOR shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit or approval which is legally required for the CONTRACTOR to practice its profession. 11. STANDARD OF CARE. A. The CONTRACTOR, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CONTRACTOR's trade or profession currently practicing under similar conditions and in similar locations. The CONTRACTOR shall take all special precautions necessary to protect the CONTRACTOR's employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. Unless disclosed in writing prior to the date of this agreement, the CONTRACTOR warrants to the CDC that it is not now, nor has it for the five (5) years preceding, been debarred by a governmental agency or involved in debarment, arbitration or litigation proceedings concerning the CONTRACTOR's professional performance, or the furnishing of materials or services relating thereto. C. The CONTRACTOR is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONTRACTOR has been retained to perform, within the time requirements of the CDC, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONTRACTOR has notified the CDC otherwise, the CONTRACTOR warrants that all products, materials, processes or treatments identified in the project documents prepared for the CDC are reasonably commercially available. Any failure by the CONTRACTOR to use due diligence under this sub -paragraph will render the CONTRACTOR liable to the CDC for any increased costs that result from the CDC's later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 12. NON-DISCRIMINATION PROVISIONS. The CONTRACTOR shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONTRACTOR will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous 4 Revised August 2005 places available to employees and applicants for employment any notices provided by the CDC setting forth the provisions of this non-discrimination clause. 13. CONFIDENTIAL INFORMATION. The CDC may from time to time communicate to the CONTRACTOR certain confidential information to enable the CONTRACTOR to effectively perform the services to be provided herein. The CONTRACTOR shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CDC. The CONTRACTOR shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 13, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONTRACTOR, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONTRACTOR without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONTRACTOR by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CONTRACTOR shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CDC. In its performance hereunder, the CONTRACTOR shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. CONTRACTOR shall be liable to CDC for any damages caused by breach of this condition, pursuant to the provisions of Section 14. 14, INDEMNIFICATION AND HOLD HARMLESS. The CONTRACTOR agrees to defend, indemnify, and hold harmless the Community Development Commission of the City of National City, its officers and employees, against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONTRACTOR's negligent performance of this Agreement. 15. WORKERS' COMPENSATION. The CONTRACTOR shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar state or Federal acts or laws applicable; and shall indemnify, and hold harmless the CDC and its officers, and employees from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the CDC or its officers, employees or volunteers for, or on account of, any liability under any of said acts which may be incurred by reason of any work to be performed by the CONTRACTOR under this Agreement. 5 Revised August 2005 employees. E. The aforesaid policies shall constitute primary insurance as to the CDC, its officers, employees, and volunteers so that any other policies held by the CDC shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CDC of cancellation or material change. F. Said policies, except for the professional liability and worker's compensation policies, shall name the CDC and its officers, agents and employees as additional insureds. G. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONTRACTOR shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agree- ment. ment. 16. INSURANCE. The CONTRACTOR, at its sole cost and expense, shall purchase and maintain, and shall require its subcontractors, when applicable, to purchase and maintain throughout the term of this agreement, the following insurance policies: A. If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include non -owned vehicles. C. Comprehensive general liability insurance, with minimum limits of $1,000,000 combined single limit per occurrence, covering all bodily injury and property damage arising out of its operation under this Agreement. D. Workers' compensation insurance covering all of CONTRACTOR's H. Any aggregate insurance limits must apply solely to this Agree - I. Insurance shall be written with only California admitted companies which hold a current policy holder's alphabetic and financial size category rating of not less than A VIII according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the City's Risk Manager. J. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY's Risk Manager. if the CONTRACTOR does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CDC may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. 17. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements, or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of -court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. 6 Revised August 2005 For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attorney's fees to the prevailing party if other than the CDC shall, in addition, be limited to the amount of attorney's fees incurred by the CDC in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 18. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for,and bear the costs of, its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 19. TERMINATION. A. This Agreement may be terminated with or without cause by the CDC. Termination without cause shall be effective only upon 60- day's written notice to the CONTRACTOR. During said 60-day period the CONTRACTOR shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CDC for cause in the event of a material breach of this Agreement, misrepresentation by the CONTRACTOR in connection with the formation of this Agreement, or the performance of services, or the failure to perform services as directed by the CDC. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONTRACTOR as provided for herein. D. In the event of termination, all finished or unfinished memoranda reports, maps, drawings, plans, specifications and other documents prepared by the CONTRACTOR, whether paper or electronic, shall immediately become the property of, and be delivered to, the CDC, and the CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CDC by the CONTRACTOR's breach, if any. Thereafter, ownership of said written material shall vest in the CDC all rights set forth in Section 6. E. The CDC further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONTRACTOR; (2) a reorganization of the CONTRACTOR for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONTRACTOR. 7 Revised August 2005 20. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To the CDC: To the CONTRACTOR: Brad Rauiston Executive Director Community Development Commission of the City of National City 1243 National City Blvd National City, CA 91950 Gita Murty Project Director Rore Environmental Science and Engineering 1640 Collingswood Drive San Diego, CA, 92109-2239 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept, or the inability to deliver because of changed address of which no notice was given, shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty-eight (48) hours by letter mailed or delivered as specified in this Section. 21. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONTRACTOR shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the Community Development Commission of the City of National City. The CONTRACTOR also agrees not to specify any product, treatment, process or material for the project in which the CONTRACTOR has a material financial interest, either direct or indirect, without first notifying the CDC of that fact. The CONTRACTOR shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONTRACTOR shall immediately disqualify itself and 8 Revised August 2005 shall not use its official position to influence in any way any matter coming before the CDC in which the CONTRACTOR has a financial interest as defined in Government Code Section 87103. The CONTRACTOR represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CDC. ❑ If checked, the CONTRACTOR shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONTRACTOR shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONTRACTOR shall obtain from the City Clerk. The CONTRACTOR shall be strictly liable to the CDC for all damages, costs or expenses the CDC may suffer by virtue of any violation of this Paragraph 21 by the CONTRACTOR. 22. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or Federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or Federal, state or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. I. Entire Agreement. This Agreement supersedes any prior agree- ments, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation or promise made by either party hereto, or by or to an 9 Revised August 2005 employee, officer, agent or representative of any party hereto, shall be of any effect unless it is in writing and executed by the party to be bound thereby. J. Successors and Assigns. This Agreement shall be binding upon, and shall inure to the benefit of the successors and assigns of the parties hereto. K. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with, or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. COMMUNITY DEVELOPMENT OF THE CITY OF NATIONAL CITY By: Nic{c Rr iian` ,''Chairman APPROVED AS TO FORM: at- George H. Eiser, III CDC Legal Counsel Rore Environmental Science and Engineering (Corporation — .signatures of two corporate officers) (Partnership — one signature) (Sole proprietorship — one signature) GE 0 (Title) By: c711---- (Name) Scc . (Title) 10 Revised August 2005 Ea -(I iT A 1640 Col lingwood Drive, San Diego, CA 921.09-2239 858-483-8625, ext. 12 Fax 858-483-4583 www.roreinc.eom September 26, 2006 Steve Kirkpatrick City of National City 1243 National City Blvd. National City, CA 91950 RE: Proposal to Provide Mitigation Services for the former Ace Metals Property Located at 720 West 23RD Street, City of National City, CA, DEH Case No. H23772- 004 Dear Mr. Kirkpatrick: Thank you for giving RORE, Inc. (RORE) the opportunity to submit a scope of services and cost proposal ("Proposal") to provide mitigation services at the former Ace Metals Property ("Property") located at 720 West 23rd Street, National City, California. INTRODUCTION A Revised Property Mitigation Plan, Ace Metals Property, 720 West 23rd Street, National City, California (RPMP), by SCS Engineers (SCS), dated August 25, 2006, was submitted to the County of San Diego Department of Environmental Health (DEH). SCS indicated that DEH approved the RPMP on September 6, 2006. RORE reviewed and evaluated the RPMP for purposes of developing a cost proposal to remediate the Property. Based upon the evaluation, several key issues that were or were not included in the RPMP may cause potential problems in cleaning up the Property. Key issues are identified and commented on below: 1. The RPMP does not include completion of a Human Health Risk Assessment (HHRA) after completion of Property remediation to demonstrate that the Property no longer poses a risk to human health. Comments: It is not clear if a HHRA was discussed with DEH and/or if a waiver was obtained. It is our experience that DEH will require a HHRA when there is a change in land use. It is also our understanding that the current property use will be developed into retail and commercial facilities, without any underground parking structures. 2. The RPMP indicates that the Property mitigation goal for lead is 100 parts per million [ppm] (100 mg/kg). Cost Proposal for the former Ace Metals Property Page 1 of 10 Cost Proposal for the former Ace Metals Property RORE, Inc. Comments: The mitigation goal appears to be low for the proposed future commercial/industrial use of the Property, Cal -EPA PRG for lead is conservatively set at 150 mg/kg, which is protective of human health for residential property use. The conservative Property mitigation goal of 100 ppm will unnecessarily increase the cost of cleanup. The remediation goal should be to remove all concentrations of contaminants of concern (CoCs) in soils at the Property that pose an unacceptable human health risk, as identified by a HHRA for the future property use. 3. The RPMP acknowledges that site soils are not adequately characterized in some areas of the Property, but does not propose to characterize those areas prior to remediation. Comments: Based upon our review of the existing site data, no soil data are available for the center area of the Property around NM-B22. Consequently, additional assessment of this center area of the Property is required to determine if remediation is even necessary. This assessment can potentially save the Client thousands of dollars in clean up costs. 4. The RPMP proposes to remove the top one foot of soil across the entire site, indicating that it is probably hazardous. Comments: Based upon our review of the available Property data, a significant portion of the top one foot layer of soil (approximately half the property) does not appear to pose a health risk. Therefore, those areas of the top soil that do not pose a human health risk should be left in place at the Property. As a result, there will be significant cost -savings to the Client. 5. The RPMP provides several potential disposal sites dependent on the results of stockpile sampling, including Otay Landfill, Chula Vista; TPS Technologies, Adelanto, CA; Copper Mountain, Welton, AZ. Comments: None of these facilities can accept RCRA Hazardous Waste. Based on the total lead concentrations observed at the Property it is assumed that soils that exhibit high concentrations of lead on -site will probably be RCRA I-Iazardous Waste and will have to be treated and disposed of accordingly. OBJECTIVES The primary justification for proposing changes to the existing mitigation plan that was provided to the City of National City by the previous consultant is to minimize unnecessary remediation and associated time and cost. Based upon our understanding of the project site and the December 31, 2006 deadline to complete site clean up, RORE's objectives are to: 1. Develop a stormwater pollution prevention plan (SWPPP) for the proposed construction activities at the Property. 2. Conduct pre- and post -construction runoff calculations and develop a stormwater management plan (SWMP) document addressing City of National City standard urban stormwater mitigation plan (SUSMP) requirements. 3. Provide as -needed environmental (stormwater) consulting services to facilitate the timely. submittal and approval of stormwater plans and documents. Page 2 of 10 Cost Proposal for the former Ace Metals Property RORE, Inc. 4. Implement the approved Community Health and Safety Plan. 5. Prepare site -specific Health and Safety Plan for field crew. 6. Prepare a Human Health Risk Assessment 7. Characterize concrete prior to demolition. 8. Demolish and dispose of approximately 15,000 square feet of concrete and asphalt pavement. 9. Excavate and stockpile on -site approximately 1,850 tons of metals and petroleum hydrocarbon -bearing soil. 10. Segregate soil as necessary. 11. Conduct confirmation sampling. 12. Characterize and profile stockpile(s). 13. Perform stockpile management and maintenance. 14. Load, transport, and dispose of an estimated 1,850 tons of regulated and/or hazardous soil. 15. Backfill, compact, and resurface with asphalt concrete. PROPOSED SCOPE OF SERVICES To meet the objectives listed above, RORE will perform the following tasks for the project site: Task 1: Fieldwork Preparation Preparation for fieldwork includes development of a site -specific Health and Safety Plan, utilities search and markout, permitting, subcontractor contracting, project kick-off meetings and various project management and scheduling items. RORE will complete all necessary permit applications such as grading, hydrant, water meter, and submittals for the project. Actual permit costs, if any, will be passed on as cost reimbursable to the client and are not included in this cost proposal. During this task, there will be a great deal of project coordination, subcontract and vendor coordination, project detailed schedule development and project scoping taking place. The Project Director will work closely with the Client and the DEH Regulator to ensure that the project goals are clear, and that the budget and schedule will be met. Task 2: Concrete Characterization Prior to demolition, 10 concrete samples will be collected and analyzed for asbestos to assess whether asbestos is present in the concrete. For the purposes of this proposal, it has been assumed that the results of the concrete sampling will demonstrate that the concrete is not an asbestos -containing material and that the concrete will be disposed of as construction debris. Page 3 of 10 Cost Proposal for the former Ace Metals Property RORE. Inc. Task 3: Preparation of Stormwater Pollution Prevention Plan Develop and implement plans according to regulatory requirements and the RPMP. Task 4: Additional Site Assessment to Evaluate the Center Area of Property A review of the RPMP indicates that the soil in the center of the Property, around soil boring NM-B22, has not been adequately characterized. It is necessary to assess soils in this area to determine if cleanup is required. RORE proposes to place four soil borings in the central area of the Property around soil boring NM-B22. Two soil samples will be collected from each soil boring at depths below ground surface (bgs) of 0.5-2 feet bgs and 2-3.5 feet bgs. Soil samples will be analyzed for total petroleum hydrocarbons (TPH) by EPA Method 8015M and Title 22 Metals by EPA Method 6010/7471A. Task 5: Human Health Risk Assessment To demonstrate that the Property no longer poses a human health risk based upon the proposed future property use, a HHRA will be completed following San Diego DEH SAM Manual guidelines. Task 6: Concrete and Asphalt Demolition and Removal The start of fieldwork will include implementation of the approved Community Health and Safety Plan, and the Site Health and Safety Plan. The existing concrete and asphalt material surface will be removed from areas of the Property that will undergo site remediation. The estimated area to be removed will be 15,000 square feet. Assuming six inch thick non -reinforced concrete, the estimated total concrete for demolition and removal is 280 cubic yards (--580 tons). This task includes demolition of the hydraulic bailer pit. No As -built drawings were provided to us and RORE personnel were unable to inspect the hydraulic bailer pit. Therefore, for the purposes of this proposal, the pit is assumed to be 20 feet long, 14 feet wide, and 20 feet deep, and is lined with concrete. If the bailer pit does not match these specifications, additional costs for demolition and disposal may be required. Task 7: Excavate Hotspots Based on Existing and Additional (Task 4) Site Assessment Data All areas of the Property that exhibit elevated concentrations of CoCs in soil that could pose an elevated human health risk will be excavated and disposed of accordingly. Estimated total soil excavation is 1,850 tons. If the quantity of soil differs from the estimate due to additional contamination that may be encountered during the currently -proposed characterization of soil in the center portion of the property, then the Client will be notified of any cost modifications prior to proceeding with the task. For the purpose of this proposal and based upon review of the existing data, RORE assumes that about 300 tons (200 cubic yards) of California non-RCRA Hazardous waste will be identified, excavated, and disposed of from the center portion of the property. Task 8: Confirmation Sampling Perform confirmation sampling per RPMP including one sample for each 2,000 square foot area at clean portions of the Property, and one sample per 500 square foot area in "hotspot" areas. Page 4 of 10 Cost Proposal for the former Ace Metals Property RORE, Inc. Additional sampling will be performed on sidewalls and below the bottom of hotspot excavations. Task 9: Stockpile Management and Characterization The excavated soil will be stockpiled on -site per DEH approval. The stockpiles will be stored on visqueen and covered with visqueen, which will be held to the ground with sandbags. RORE will perform stockpile characterization per RPMP. The estimated total quantity of soil to be characterized is 1,100 cubic yards, and sampled at one sample per 25 cubic yards up to 500 cubic yards, and one sample per 500 cubic yards above 500 cubic yards volume of soil. Two stockpiles are proposed: One with 200 cubic yards and another with 900 cubic yards. This task will require a total of 29 soil samples. Task 10: Stockpile Disposal Perform stockpile disposal based on stockpile characterization sampling results. The disposal destination is dependent on the results of stockpile sampling. Based on the concentrations of lead identified in Property soils, a portion of the soil will probably fail the toxicity characteristic leaching procedures (TCLP) tests and be considered a RCRA Hazardous Waste. It is probable that a large quantity of excavated soil will also fail the soluble threshold limit concentration (STLC) test and be considered a California non-RCRA Hazardous Waste. For purposes of this proposal the following estimates will be used: 300 tons RCRA Hazardous Waste, 1,550 tons California non-RCRA Hazardous Waste. The soil quantities identified as RCRA and California non-RCRA Hazardous wastes are best -estimates based upon existing site soil sample results. If the quantities differ from the proposal estimates, then additional costs may apply and the Client will be notified prior to proceeding with the task. Task 11: Backfilling and Surface Completion Perform backfilling and compaction of excavated areas and surface completion per the RPMP. An estimated 1,800 tons of engineered fill material will be used to bring the excavations up to grade. The surface will then be completed with approximately 2 inch thick asphalt covering an estimated 15,000 square feet. Task 12: Report Preparation Based on the findings of the field investigation and laboratory results from the above scope of services, a Property Closure Report will be prepared. The report will document the mitigation and will include laboratory reports, chain -of -custody records, waste manifests, figures and cross - sections indicating soil sampling locations and sample analytical results, tabulated analytical results, and appropriate supporting documentation. The report will be reviewed for quality and signed by the appropriately -licensed professional. PROJECT ASSUMPTIONS 1. Access to Property will be provided without any interruption to RORE's normal field schedule (e.g., 7:00 am to 3:30 pm, Monday through Friday). Page 5 of 10 Cost Proposal for the former Ace Metals Property RORE, Inc. 2. Water will be available at the Property at no cost to RORE. 3. The City of National City will waive the City permit fees as needed. 4. RORE will utilize state -licensed subcontractors and construction crews, who will be paid prevailing wages. 5. The City of National City representatives will be required to sign the manifest for disposal of hazardous waste at the designated landfill site. 6. Based on review of available data, RORE assumes that groundwater is deeper than 20 feet; the RORE Team will not be required to dewater during soil excavation. 7. If possible, crushed concrete can be re -used by the City of National City at other sites. 8. RORE will not be responsible for delay in project execution due to a delay in obtaining the applicable permits from regulators and/or unforeseen conditions such as rain and flooding. 9. Quantities of soil used in this proposal are estimates based on available information provided in the RPMP. Due to the inherent uncertainty associated with the mitigation of subsurface contamination, quantities of RCRA hazardous and non-RCRA hazardous soil may vary from the proposed amounts. If this occurs, the Client will be notified prior to proceeding with the associated task. 10. RORE's estimated cost does not include any emergency cleanup in the event that any unknown hazardous chemicals are encountered. 11. RORE's estimated cost does not include removal and disposal of underground and/or aboveground storage tanks, if encountered. However, RORE will inform the National City Project Manager and obtain his concurrence for a change order and the additional cost involved. 12. The proposed redevelopment will be slab -on -grade construction; the final grading will only be approximate. RORE can complete the project by the December 31, 2006 deadline assuming that DEH provides approval in a timely manner. Please note that DEH has verbally authorized commencement of the project on tasks that have already been approved under the existing mitigation plan (for e.g., Tasks 1-3 and 6). RORE is ready to begin this project immediately upon receipt of the signed contract. The costs related to each Task of this project are summarized in a Table that directly follows this page. If you have any questions regarding this proposal, please contact me at 858-483-8625 ext. 12. or on my cell at 619-922-4482. Thanks so much for your consideration! Sincerely, RORE, Inc. Gita Murthy, Ph.D. Project Director Page 6 of 10 Cost Proposal for the former Ace Metals Property RORE, Inc. Task # Activity Cost Subtotal 1 Fieldwork Preparation Site Health and Safety Plan $2,500 Permit application and filing, 16 hrs @ $68/hr $1,088 Utility mark -out and locating, 4 hrs @ $53/hr $212 Subtotal $3,800 2 Concrete Characterization Environmental Technician, 6 hrs @ $53/hr $318 Sampling equipment and field truck $200 Laboratory analysis, 10 samples @ $25/sample $250 Subtotal $768 3 Preparation of Storm Water Pollution Prevention Plan Plan development, lump sum $8,500 Subtotal $8,500 4 Additional Site Assessment to Evaluate the Center Area of Property Sr. Environmental Technician, 6 hrs @ $68/hr $408 $3,685 Environmental Technician, 6 hrs @ $53/hr $318 Supplies, lump sum $200 Field truck, 1 day @ $75/day $75 Concrete coring $300 Laboratory analysis - Title 22 Metals (EPA 6010/7471A, 8 samples at $149/sample) $1,192 Laboratory analysis - TPH (EPA 8015 Modified, 8 samples at $149/sample) $1,192 Subtotal 5 Human Health Risk Assessment Human Health Risk Assessment, lump sum $19 000 $19,000 Subtotal 6 Concrete and Asphalt Demolition and Removal Site Superintendent, 30 hrs @ $84/hr $2,520 $22,795 Field truck, 3 days @ $75/day $225 Concrete cutting, demolition, and removal $20,050 Subtotal 7 Excavate Hotspots Based on Existing & Additional (Task 4) Site Assessment Data Site Superintendent, 60 hrs @ $84/hr $5,040 $28,020 Sr. Environmental Technician, 30 hrs @ $68/hr $2,040 Environmental Technician, 30 hrs @ $53/hr $1,590 Field truck, 8 days @ $75/day $600 Hydraulic bailer pit removal and disposal $6,750 Excavation $12,000 Subtotal Page 7 of 10 Cost Proposal for the former Ace Metals Property Task # 8 RORE, Inc. Activity Confirmation Sampling Cost Subtotal Site Superintendent, 40 hrs @ $84/hr Sr. Environmental Technician, 20 hrs @ $68/hr Environmental Technician, 20 hrs @ $53/hr Field truck, 2 days @ $75/day XRF rental, 1 week @ $2,500/week Concrete coring Mobile lab, 5 days @ $2,300/day Laboratory analysis - Title 22 Metals (EPA 6010/7471A, 90 samples @ $125/sample) Laboratory analysis - TPH (EPA 8015 Modified, 90 samples @ $125/sample) Laboratory analysis - PAHs (EPA 8310, 25 samples @ $162/sample) Laboratory analysis - VOCs (EPA 8260, 25 samples @ $112/sample) Laboratory analysis - PCBs (EPA 8082, 25 samples @ $75/sample) Subtotal $3,360 $1,360 $1,060 $150 $2,500 $1,200 $11,500 $11,250 $11,250 $4,050 $2,800 $1,875 9 Stockpile Management and Characterization Stockpile Management Plan, lump sum $52,355 Sr. Environmental Technician, 15 hrs @ $68/hr Environmental Technician, 15 hrs @ $53/hr Sampling supplies Field truck, 1 day @ $75/day Laboratory analysis - Title 22 Metals (EPA 6010/7471A, 29 samples $99/sample) Laboratory analysis - TPH (EPA 8015 Modified, 29 samples @ $99/sample) Laboratory analysis - PAHs (EPA 8310, 10 samples @ $129/sample) Laboratory analysis - VOCs (EPA 8260, 10 samples (c_/ $99/sample) Laboratory analysis - PCBs (EPA 8082, 10 samples @ $60/sample) Laboratory analysis - STLC Metals (STLC Metals, 15 samples @ $85/sample) Laboratory analysis - TCLP Metals (TCLP Metals, 15 samples @ $85/sample) Subtotal $2,500 $1,020 $795 $250 $75 $2,871 $2,871 $1,290 $990 $600 $1,275 $1,275 $15,812 Page 8 of 10 Cost Proposal for the former Ace Metals Property RORE, Inc. Task # Activity Cost Subtotal 10 Stockpile Disposal Environmental Technician, 16 hrs @ $53/hr $848 $174,398 Field truck, 2 days @ $75/day $150 Load -out of soils $5,000 RCRA Hazardous Waste, 300 tons @ $210/ton $63,000 CA non-RCRA Hazardous Waste, 1,550 tons @ $68/ton $105,400 Subtotal 11 Backfilling and Surface Completion Site Superintendent, 16 hrs @ $84/hr $1,344 $83,494 Field truck, 2 days @ $75/day $150 Engineered backfill, 1,800 tons @ $35/ton $63,000 Surface completion, 15,000 square feet of 2 inch asphalt @ $1.34/square foot $15,000 Compaction testing $4,000 Subtotal 12 Report Preparation Property Closure Report $10,000 $10,000 Subtotal Subtotal $422,627 Project Management and Subcontract Management Fee (10% of Professional and Contractor Fees) $42,263 TOTAL $464,890 Page 9 of 10 Cost Proposal for the former Ace Metals Property RORE. Inc. SCHEDULE OF FEES Effective January 1, 2006 PROFESSIONAL SERVICES Principal -in -Charge Project Manager Project Professional Staff Professional Environmental Technician CADD Technician Consultants SUPPORT SERVICES Office Manager/Executive Secretary Computer Word Processing OTHER COSTS Field Truck Equipped Field Van Per Diem Organic Vapor Analyzer Materials (PPE, Level C-D) Lab Supplies All Other Direct Costs Telephone, Mail, and Office Copying HOURLY RATE $103 $100 $84 $68 $53 $47 $125 $42 $42 $75/day $95/day Per Govt. $100/day $50/person Per Lab Cost Actual Costs plus 10% G&A, and Fee of 10% 4% of Professional Services NOTE: A two-hour minimum is charged for field visits by staff. Time spent in travel in the interest of the client will be charged at hourly rates, except that no more than 8 hours of travel time will be charged in any day. For Court appearances, presentations to regulatory boards or other special requests for testimony, a minimum of four hours time plus expenses will be charged for each individual attending. For legal testimony, professional fees are three times the posted hourly rates. Preparation phase for such appearances will be charged at the regular hourly rates. Page 10 of 10 GxtirFSIT g Ace Metals Site Mitigation Schedule ID 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 0 Task Name Duration Start Finish n Revised Mitigation Plan Submittal to DEH 1 day Wed 10/4/06 Wed 10/4/06 DEH Review of Revised Mitigation Plan 9 days Thu 10/5/06 Tue 10/17/06 n Permitting 14 days Wed 10/4/06 Mon 10/23/06 n. Concrete Characterization for Asbestos 7 days Wed 10/4/06 Thu 10/12/06 n0 SWPPP 7 days Wed 10/4/06 Thu 10/12/06 (tr. Utility Clearance 1 day Thu 10/12/06 Thu 10/12/06 n Site Assessment of Central Portion of 3 days Fri 10/20/06 Tue 10/24/06 Property Hot Spot Mapping and Markout 1 day Wed 10/25/06 Wed 10/25/06 (u� Additional Assessment Lab Analysis 7 days Wed 10/25/06 Thu 11/2/06 DEH review of Additional Assessment/ 5 days Fri 11/3/06 Thu 11/9/06 Mitigation Addendum Q Concrete/Asphalt Removal 3 days Mon 11/13/06 Wed 11/15/06 Q. Site Excavation/Stockpiling 10 days Thu 11/16/06 Wed 11/29/06 Q Confirmation Sampling 11 days Thu 11/16/06 Thu 11/30/06 Laboratory Analysis Confirmation 5 days Fri 12/1/06 Thu 12/7/06 Sampling Risk Assessment 5 days Fri 12/8/06 Thu 12/14/06 • Remobilize, if necessary for additional site 2 days Fri 12/15/06 Mon 12/18/06 mitigation O Stockpile Characterization 2 days Wed 11/29/06 Thu 11/30/06 Lab Analysis Stockpile Characterization 7 days Fri 12/1/06 Mon 12/11/06 Stockpile Disposal 9 days Tue 12/12/06 Fri 12/22/06 },n. Site Sackfll and Compaction 7 days Tue 12/26/06 Wed 1/3/07 Resurfacing 7 days Thu 1/4/07 Fri 1/12/07 Q Project Draft Mitigation Report 21 days Wed 12/6/06 Wed 1/3/07 DEH Review 21 days Thu 1/4/07 Thu 2/1/07 Oct 1,'06 10/1 Oct 8, '06 10/8 Oct 15, '06 10/15 Oct 22, '06 10/22 Oct 29, '06 10/29 Nov 5, '06 11/5 Nov 12, '06 11/12 Project: Project Schedule 9-29-05 Date: Fri 9/29/06 Task Split Progress Milestone Summary Rolled Up Task • Rolled Up Split _ __ External Tasks Rolled Up Milestone O Project Summary Rolled Up Progress RORE, Inc. Page 1 Ace Metals Site Mitigation Schedule ID 0 Task Name Duration Start Finish Oct 1, '06 Oct 8, '06 Oct 15, '06 Oct 22, '06 Oct 29, '06 Nov 5, '06 Nov 12, '06 10/1 10/8 10/15 10/22 10/29 11/5 11/12 24 Final Mitigation Report 14 days Fri 2/2/07 Wed 2/21/07 Project: Project Schedule 9-29-O5`�-°-- Date: Fri 9/29/06 Task Split Progress j Milestone Up Task . Rolled Up Split External UpMilestone Project Summary Up Progress Tasks r y;:'%"e�' .a...,-...,..,.s.-.,�. Summary Rolled Rolled I Rolled RORE, Inc. Page 2 Nov '06 '06 Ace Metals Site Mitigation Schedule '06 19, Nov 26. Dec 3, Dec 10, '06 Dec 17, '06 Dec 24, '06 Dec 31, '06 Jan 7, '07 Jan 14, '07 Jan 21, '07 Jan 28, '07 Feb 4, '07 Feb 11, '07 I Feb 18, '07 11/19 11/26 12/3 12/10 12/17 12/24 12/31 1/7 1/14 1/21 1/28 2/4 2/11 2/18 I Task Milestone Project: Project Schedule 9-29-05 Rolled UpSplit ,_.. External Tasks Split "` " x- k :1 Date: Fri 9129/06 Summary Rolled Up Milestone C> Project Summary Progress Rolled Up Task Rolled Up Progress RORE, Inc. Page 3 Ace Metals Site Mitigation Schedule Nov 19, '06 Nov 26, '06 Dec 3, '06 Dec 10, '06 Dec 17, '06 Dec 24, '06 Dec 31, '06 Jan 7, '07 Jan 14, '07 Jan 21, '07 Jan 28, '07 Feb 4, '07 Feb 11, '07 Feb 18, '07 11/19 11/26 12/3 12/10 12/17 12/24 12/31 1/7 1/14 1/21 1/28 2/4 2/11 2118 ir Task I Milestone ♦ Rolled Up Split r External Tasks Project: Project Schedule 9-29-05 Date: Fri 9/29lO6 Split Summary ^ Rolled Up Milestone O Project Summary Progress Rolled Up Task Rolled Up Progress RORE, Inc. Page 4 RESOLUTION NO. 2006 — 223 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AUTHORIZING THE CHAIRMAN TO EXECUTE AN AGREEMENT WITH RORE ENVIRONMENTAL SCIENCE AND ENGINEERING, INC. IN THE AMOUNT OF $464,890 TO PROVIDE MITIGATION SERVICES FOR THE FORMER ACE METALS PROPERTY LOCATED AT 720 WEST 23RD STREET WHEREAS, the Community Development Commission of the City of National City ("CDC") desires to employ a contractor to prepare and implement a site assessment and mitigation plan for the CDC -owned property located at 720 West 23rd Street, the former Ace Metals site; and WHEREAS, the CDC has determined that Rore Environmental Science and Engineering, Inc., ("Rore, Inc.") is qualified by experience and ability to perform the services desired by the CDC, and Rore, Inc. is willing to perform such services for $464,890. NOW, THEREFORE, BE IT RESOLVED that the Community Development Commission Board hereby authorizes the Chairman to execute an agreement with Rore Environmental Science and Engineering, Inc. in the amount of $464,890 to prepare and implement a site assessment and mitigation plan for the CDC -owned property located at 720 West 23rd Street, the former Ace Metals site. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 17th day of October, 2006. Nick Inzu ,Chairman ATTEST: Ch 'Zapata, S-' tart' APPROVED AS TO FORM: George H. Eiser, III Legal Counsel Passed and adopted by the Community Development Commission of National City, California, on October 17, 2006, by the following vote, to -wit: Ayes: Councilmembers Inzunza, Morrison, Natividad, Parra, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: NICK INZUNZA Chairman Counity Development Commission Secretar Communi velopment Commission By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2006-223 of the Community Development Commission of the City of National City, California, passed and adopted on October 17, 2006. Secretary Community Development Commission By: Deputy City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT MEETING DATE October 17.2006 AGENDA ITEM NO. 28 ITEM TITLE Resolution of the National City Community Development Commission approving contract with Rore Environmental Services, Inc. in the amount of $464,890 to provide mitigation services for the former Ace Metals Property located at 720 West 23`d Street, and authorizing the Chairman to sign the contract. PREPARED BY DEPARTMENT Stephen Kirkpatrick Engineering Ext. 4383 EXPLANATION See Attached. Environmental Review: N/A IhifmAru.44cr,t A , Financial Statement: Funding to accomplish this work is available within the CDC budget. Account No. P , vi9047 STAFF RECOMMENDATION: Adopt the Resoluti BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS 1. Resolution 2. Contract C a©oco Resolution No.,72O0(0 A-200 (9/80) Explanation The Community Development Commission of National City acquired the property at 720 West 23rd Street in 2002. The property was acquired to allow for development in accordance with the Harbor District Specific Plan. Prior to the acquisition by CDC, the property was the site of a company called Ace Metals. The use of property by Ace Metals resulted in environmental contamination, primarily with heavy metals, but also to a lesser extent with volatile hydrocarbons. Before the site can be developed the site must be cleaned to the satisfaction of the County of San Diego Department of Environmental Health. They have opened Case No. H23772-004 for this purpose. CDC withheld funding to clean the site from the purchase price paid for the property. The purchase agreement states that the site must be cleaned and the funding expended by December 31, 2006, or the withheld funds must be released to the seller of the property. The contract with Rore before the Board for approval accomplishes this task. Rore Environmental, Inc was selected through a Professional Services Request for Qualification process. The contract involves modifying a site mitigation plan prepared by others, working with the County to insure the modified plan meets the goal of cleaning the site, implementing the plan, then post monitoring and report preparation to show that the plan worked and the site is ready for further development. The plan will be prepared based upon Human Health Risk Assessment principles assuming the site will be developed to the "maximum" allowed under the Harbor District Specific Plan — a hotel site. RESOLUTION NO. 2006 — RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AUTHORIZING THE CHAIRMAN TO EXECUTE AN AGREEMENT WITH RORE ENVIRONMENTAL SCIENCE AND ENGINEERING, INC. IN THE AMOUNT OF $464,890 TO PROVIDE MITIGATION SERVICES FOR THE FORMER ACE METALS PROPERTY LOCATED AT 720 WEST 23RD STREET WHEREAS, the Community Development Commission of the City of National City ("CDC") desires to employ a contractor to prepare and implement a site assessment and mitigation plan for the CDC -owned property located at 720 West 23rd Street, the former Ace Metals site; and WHEREAS, the CDC has determined that Rore Environmental Science and Engineering, Inc., ("Rore, Inc.") is qualified by experience and ability to perform the services desired by the CDC, and Rore, Inc. is willing to perform such services for $464,890. NOW, THEREFORE, BE IT RESOLVED that the Community Development Commission Board hereby authorizes the Chairman to execute an agreement with Rore Environmental Science and Engineering, Inc. in the amount of $464,890 to prepare and implement a site assessment and mitigation plan for the CDC -owned property located at 720 West 23rd Street, the former Ace Metals site. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 17th day of October, 2006. Nick Inzunza,Chairman ATTEST: Chris Zapata, Secretary APPROVED AS TO FORM: George H. Eiser, III Legal Counsel AGREEMENT BY AND BETWEEN THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AND RORE ENVIRONMENTAL SCIENCE AND ENGINEERING THIS AGREEMENT is entered into this 17th day of October, 2006, by and between the COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY, a municipal corporation (the "CDC"), and RORE ENVIRONMENTAL . SCIENCE AND ENGINEERING, INC. (the "CONTRACTOR"). RECITALS WHEREAS, the CDC desires to employ a CONTRACTOR to prepare and implement a site assessment and mitigation plan for the CDC owned property located at 720 West 23rd Street, formerly known as the ACE Metals. WHEREAS, the CDC has determined that the CONTRACTOR is an Enviromental Science and Engineering firm and is qualified by experience and ability to perform the services desired by the CDC, and the CONTRACTOR is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONTRACTOR. The CDC hereby agrees to engage the CONTRACTOR, and the CONTRACTOR hereby agrees to perform the services hereinafter set forth in accordance with all terms and conditions contained herein. The CONTRACTOR represents that all services required hereunder will be performed directly by the CONTRACTOR, or under direct supervision of the CONTRACTOR. 2. SCOPE OF SERVICES. The CONTRACTOR will perform services as set forth in the attached Exhibit "A". The CONTRACTOR shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CDC for such services, except as authorized in advance by the CDC. The CONTRACTOR shall appear at meetings cited in Exhibit "A" to keep staff and the Community Development Commission advised of the progress on the project. The CDC may unilaterally, or upon request from the CONTRACTOR, from time to time reduce or increase the Scope of Services to be performed by the Revised August 2005 CONTRACTOR under this Agreement. Upon doing so, the CDC and the CONTRACTOR agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services, not to exceed a factor of 20% from the base amount. 3. PROJECT COORDINATION AND SUPERVISION. Stephen Kirkpatrick hereby is designated as the Project Coordinator for the CDC and will monitor the progress and execution of this Agreement. The CONTRACTOR shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONTRACTOR. Gita Murty thereby is designated as the Project Director for the CONTRACTOR. 4. COMPENSATION AND PAYMENT. This contract is for $464,890. The compensation for the CONTRACTOR shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work described in Exhibit "A" shall not exceed the schedule given in Exhibit "A" (the Base amount) without prior written authorization from the CDC Project Coordinator. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit "A"as determined by the CDC. The CONTRACTOR shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CDC and for furnishing of copies to the CDC, if requested. 5. LENGTH OF AGREEMENT. The length of this contract is one year. Completion dates or time durations for specific portions of the Project are set forth in Exhibit "B". 6. DISPOSITION AND OWNERSHIP OF DOCUMENTS. Memoranda, reports, maps, drawings, plans, specifications and other documents prepared by the CONTRACTOR for this Project, whether paper or electronic, shall become the property of the CDC for use with respect to this Project, and shall be turned over to the CDC upon completion of the Project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONTRACTOR hereby assigns to the CDC, and CONTRACTOR thereby expressly waives and disclaims, any copyright in, and the right to reproduce, all written material, drawings, plans, specifications or other work prepared under this Agreement, except upon the CDC's prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONTRACTOR shall, upon request of the CDC, execute arpv fyrthcr - lo+rn thiq vi2ilfnr o,�rf rllrnl�i�--,ter 2 Revised August 2005 The CONTRACTOR agrees that the CDC may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium or method utilize the CONTRACTOR's written work product for the CDC's purposes, and the CONTRACTOR expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. Any modification or reuse by the CDC of documents, drawings or specifications prepared by the CONTRACTOR shall relieve the CONTRACTOR from liability under Section 14 but only with respect to the effect of the modification or reuse by the CDC, or for any liability to the CDC should the documents be used by the CDC for some project other than what was expressly agreed upon within the Scope of this project, unless otherwise mutually agreed. 7. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners or joint venturers with one another. Neither the CONTRACTOR nor the CONTRACTOR'S employees are employees of the CDC and are not entitled to any of the rights, benefits or privileges of the CDC's employees, including but not limited to retirement, medical, unemployment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONTRACTOR and the CONTRACTOR's employees, and it is recognized by the parties that a substantial inducement to the CDC for entering into this Agreement was, and is, the professional reputation and competence of the CONTRACTOR and its employees. Neither this Agreement nor any interest herein may be assigned by the CONTRACTOR without the prior written consent of the CDC. Nothing herein contained is intended to prevent the CONTRACTOR from employing or hiring as many employees or subcontractors as the CONTRACTOR may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONTRACTOR with its subcontractor(s) shall require the subcontractor to adhere to the applicable terms of this Agreement. 8, CONTROL. Neither the CDC nor its officers, agents or employees shall have any control over the conduct of the CONTRACTOR, or any of the CONTRACTOR's employees except as herein set forth, and the CONTRACTOR expressly agrees not to represent that the CONTRACTOR or the CONTRACTOR's agents, servants or employees are in any manner agents, servants or employees of the CDC, it being understood that the CONTRACTOR, its agents, servants and employees are as to the CDC wholly independent contractors, and that the CONTRACTOR's obligations to the CDC are solely such as are prescribed by this Agreement. 9. COMPLIANCE WITH APPLICABLE LAW. The CONTRACTOR, in the performance of the services to be provided herein, shall comply with all applicable state and Federal statutes and regulations, and all applicable ordinances, rules and regulations of the City of National City, whether now in force or subsequently enacted. 3 Revised August 2005 The CONTRACTOR, and each of its subcontractors, shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement. 10. LICENSES, PERMITS, ETC. The CONTRACTOR represents and covenants .that it has all licenses, permits, qualifications and approvals of whatever nature that are legally required to practice its profession. The CONTRACTOR represents and covenants that the CONTRACTOR shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit or approval which is legally required for the CONTRACTOR to practice its profession. 11. STANDARD OF CARE. A. The CONTRACTOR, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CONTRACTOR's trade or profession currently practicing under similar conditions and in similar locations. The CONTRACTOR shall take all special precautions necessary to protect the CONTRACTOR's employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. Unless disclosed in writing prior to the date of this agreement, the CONTRACTOR warrants to the CDC that it is not now, nor has it for the five (5) years preceding, been debarred by a governmental agency or involved in debarment, arbitration or litigation proceedings concerning the CONTRACTOR's professional performance, or the furnishing of materials or services relating thereto. C. The CONTRACTOR is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONTRACTOR has been retained to perform, within the time requirements of the CDC, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONTRACTOR has notified the CDC otherwise, the CONTRACTOR warrants that all products, materials, processes or treatments identified in the project documents prepared for the CDC are reasonably commercially available. Any failure by the CONTRACTOR to use due diligence under this sub -paragraph will render the CONTRACTOR liable to the CDC for any increased costs that result from the CDC's later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 12. NON-DISCRIMINATION PROVISIONS. The CONTRACTOR shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONTRACTOR will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for tra.. ininrt I rnr }j{ cghira The r,ONTRACTOR anrees t0 not in ,7onnici iryl s n ti�,nn 4 Revised August 2005 places available to employees and applicants for employment any notices provided by the CDC setting forth the provisions of this non-discrimination clause. 13. CONFIDENTIAL INFORMATION. The CDC may from time to time communicate to the CONTRACTOR certain confidential information to enable the CONTRACTOR to effectively perform the services to be provided herein. The CONTRACTOR shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CDC. The CONTRACTOR shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 13, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONTRACTOR, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONTRACTOR without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONTRACTOR by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CONTRACTOR shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CDC. In its performance hereunder, the CONTRACTOR shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. CONTRACTOR shall be liable to CDC for any damages caused by breach of this condition, pursuant to the provisions of Section 14. 14. INDEMNIFICATION AND HOLD HARMLESS. The CONTRACTOR agrees to defend, indemnify, and hold harmless the Community Development Commission of the City of National City, its officers and employees, against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONTRACTOR's negligent performance of this Agreement. 15. WORKERS' COMPENSATION. The CONTRACTOR shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar state or Federal acts or laws applicable; and shall indemnify, and hold harmless the CDC and its officers, and employees from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the CDC or its officers, employees or volunteers for, or on account of, any liability under any of said acts which may be incurred by reason of any work to be performed by the CONTRACTOR under this Agreement. 5 Revised August 2005 16. INSURANCE. The CONTRACTOR, at its sole cost and expense, shall purchase and maintain, and shall require its subcontractors, when applicable, to purchase and maintain throughout the term of this agreement, the following insurance policies: A. If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include non -owned vehicles. C. Comprehensive general liability insurance, with minimum limits of $1,000,000 combined single limit per occurrence, covering all bodily injury and property damage arising out of its operation under this Agreement. D. Workers' compensation insurance covering all of CONTRACTOR's employees. E. The aforesaid policies shall constitute primary insurance as to the CDC, its officers, employees, and volunteers so that any other policies held by the CDC shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CDC of cancellation or material change. F. Said policies, except for the professional liability and worker's compensation policies, shall name the CDC and its officers, agents and employees as additional insureds. G. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONTRACTOR shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agree- ment. ment. H. Any aggregate insurance limits must apply solely to this Agree - I. Insurance shall be written with only California admitted companies which hold a current policy holder's alphabetic and financial size category rating of not less than A VIII according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the City's Risk Manager. J. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY's Risk Manager. If the CONTRACTOR does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CDC may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. 17. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements, or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of -court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attornevs' feP� 6 Revised August 2005 For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attorney's fees to the prevailing party if other than the CDC shall, in addition, be limited to the amount of attorney's fees incurred by the CDC in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 18. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for,and bear the costs of, its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 19. TERMINATION. A. This Agreement may be terminated with or without cause by the CDC. Termination without cause shall be effective only upon 60- day's written notice to the CONTRACTOR. During said 60-day period the CONTRACTOR shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CDC for cause in the event of a material breach of this Agreement, misrepresentation by the CONTRACTOR in connection with the formation of this Agreement, or the performance of services, or the failure to perform services as directed by the CDC. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONTRACTOR as provided for herein. D. In the event of termination, all finished or unfinished memoranda reports, maps, drawings, plans, specifications and other documents prepared by the CONTRACTOR, whether paper or electronic, shall immediately become the property of, and be delivered to, the CDC, and the CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CDC by the CONTRACTOR's breach, if any. Thereafter, ownership of said written material shall vest in the CDC all rights set forth in Section 6. E. The CDC further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONTRACTOR; (2) a reorganization of the CONTRACTOR for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONTRACTOR. 7 Revised August 2005 20. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To the CDC: Brad Raulston Executive Director Community Development Commission of the City of National City 1243 National City Blvd National City, CA 91950 To the CONTRACTOR: Gita Murty Project Director Rore Environmental Science and Engineering 1640 Collingswood Drive San Diego, CA, 92109-2239 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept, or the inability to deliver because of changed address of which no notice was given, shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty-eight (48) hours by letter mailed or delivered as specified in this Section. 21. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONTRACTOR shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the Community Development Commission of the City of National City. The CONTRACTOR also agrees not to specify any product, treatment, process or material for the project in which the CONTRACTOR has a material financial interest, either direct or indirect, without first notifying the CDC of that fact. The CONTRACTOR shall at all times comply with the terms of the Political Reform Act and the National City !lnf ^ rlIra.....�c} (`.odPTk rnNTRACTOR c!�all irnn cf;%i-fua'i rl rrli?;lif.i i+coif nrl f 8 Revised August 2005 shall not use its official position to influence in any way any matter coming before the CDC in which the CONTRACTOR has a financial interest as defined in Government Code Section 87103. The CONTRACTOR represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CDC. ❑ If checked, the CONTRACTOR shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONTRACTOR shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONTRACTOR shall obtain from the City Clerk. The CONTRACTOR shall be strictly liable to the CDC for all damages, costs or expenses the CDC may suffer by virtue of any violation of this Paragraph 21 by the CONTRACTOR. 22. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or Federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or Federal, state or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Entire Agreement. This Agreement supersedes any prior agree- ments, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation or promise made by either party hereto, or by or to an 9 Revised August 2005 employee, officer, agent or representative of any party hereto, shall be of any effect unless it is in writing and executed by the party to be bound thereby. J. Successors and Assigns. This Agreement shall be binding upon, and shall inure to the benefit of the successors and assigns of the parties hereto. K. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with, or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. COMMUNITY DEVELOPMENT OF THE CITY OF NATIONAL CITY By: Rore Environmental Science and Engineering (Corporation — signatures of two corporate officers) (Partnership — one signature) — (Sole proprietorship — one signature) By: Nick Inzunza, Chairman ame) GC o (Title) APPROVED AS TO FORM: By: �=-- George H. Eiser, III (Name) CDC Legal Counsel 10 Se4. (Title) Revised August 2005 Ea-4l!3rr A 1640 Collin_wood Drive, San Diego, CA 92109-2239 858-483-8625, ext. 12 Fax 858-483-4583 www.roreine.com September 26, 2006 Steve Kirkpatrick City of National City 1243 National City Blvd. National City, CA 91950 RE: Proposal to Provide Mitigation Services for the former Ace Metals Property Located at 720 West 23RD Street, City of National City, CA, DEH Case No. H23772- 004 Dear Mr. Kirkpatrick: Thank you for giving RORE, Inc. (RORE) the opportunity to submit a scope of services and cost proposal ("Proposal") to provide mitigation services at the former Ace Metals Property ("Property") located at 720 West 23rd Street, National City, California. INTRODUCTION A Revised Property Mitigation Plan, Ace Metals Property, 720 West 23rd Street, National City, California (RPMP), by SCS Engineers (SCS), dated August 25, 2006, was submitted to the County of San Diego Department of Environmental Health (DEH). SCS indicated that DEH approved the RPMP on September 6, 2006. RORE reviewed and evaluated the RPMP for purposes of developing a cost proposal to remediate the Property. Based upon the evaluation, several key issues that were or were not included in the RPMP may cause potential problems in cleaning up the Property. Key issues are identified and commented on below: 1. The RPMP does not include completion of a Human Health Risk Assessment (HHRA) after completion of Property remediation to demonstrate that the Property no longer poses a risk to human health. Comments: It is not clear if a HHRA was discussed with DEH and/or if a waiver was obtained. It is our experience that DEH will require a HHRA when there is a change in land use. It is also our understanding that the current property use will be developed into retail and commercial facilities, without any underground parking structures. 2. The RPMP indicates that the Property mitigation goal for lead is 100 parts per million [ppm] (100 mg/kg). Cost Proposal for the former Ace Metals Property Page 1 of 10 /1 Cost Proposal for the former Ace Metals Property RORE. Inc. Comments: The mitigation goal appears to be low for the proposed future commercial/industrial use of the Property. Cal -EPA PRG for lead is conservatively set at 150 mg/kg, which is protective of human health for residential property use. The conservative Property mitigation goal of 100 ppm will unnecessarily increase the cost of cleanup. The remediation goal should be to remove all concentrations of contaminants of concern (CoCs) in soils at the Property that pose an unacceptable human health risk, as identified by a HHRA for the future property use. 3. The RPMP acknowledges that site soils are not adequately characterized in some areas of the Property, but does not propose to characterize those areas prior to remediation. Comments: Based upon our review of the existing site data, no soil data are available for the center area of the Property around NM-B22. Consequently, additional assessment of this center area of the Property is required to determine if remediation is even necessary. This assessment can potentially save the Client thousands of dollars in clean up costs. 4. The RPMP proposes to remove the top one foot of soil across the entire site, indicating that it is probably hazardous. Comments: Based upon our review of the available Property data, a significant portion of the top one foot layer of soil (approximately half the property) does not appear to pose a health risk. Therefore, those areas of the top soil that do not pose a human health risk should be left in place at the Property. As a result, there will be significant cost -savings to the Client. 5. The RPMP provides several potential disposal sites dependent on the results of stockpile sampling, including Otay Landfill, Chula Vista; TPS Technologies, Adelanto, CA; Copper Mountain, Welton, AZ. Comments: None of these facilities can accept RCRA Hazardous Waste. Based on the total lead concentrations observed at the Property it is assumed that soils that exhibit high concentrations of lead on -site will probably be RCRA Hazardous Waste and will have to be treated and disposed of accordingly. OBJECTIVES The primary justification for proposing changes to the existing mitigation plan that was provided to the City of National City by the previous consultant is to minimize unnecessary remediation and associated time and cost. Based upon our understanding of the project site and the December 31, 2006 deadline to complete site clean up, RORE's objectives are to: 1. Develop a stormwater pollution prevention plan (SWPPP) for the proposed construction activities at the Property. 2 Conduct pre- and post -construction runoff calculations and develop a stormwater management plan (SWMP) document addressing City of National City standard urban stormwater mitigation plan (SUSMP) requirements. 3. Provide as -needed environmental (stormwater) consulting services to facilitate the timely submittal and '! of,r��,-,,�,�r„r r�Ians end document,. Page 2 of 10 Cost Proposal for the former Ace Metals Property RORE, Inc. 4. Implement the approved Community Health and Safety Plan. 5. Prepare site -specific Health and Safety Plan for field crew. 6. Prepare a Human Health Risk Assessment 7. Characterize concrete prior to demolition. 8. Demolish and dispose of approximately 15,000 square feet of concrete and asphalt pavement. 9. Excavate and stockpile on -site approximately 1,850 tons of metals and petroleum hydrocarbon -bearing soil. 10. Segregate soil as necessary. 11. Conduct confirmation sampling. 12. Characterize and profile stockpile(s). 13. Perform stockpile management and maintenance. 14. Load, transport, and dispose of an estimated 1,850 tons of regulated and/or hazardous soil. 15. Backfill, compact, and resurface with asphalt concrete. PROPOSED SCOPE OF SERVICES To meet the objectives listed above, RORE will perform the following tasks for the project site: Task 1: Fieldwork Preparation Preparation for fieldwork includes development of a site -specific Health and Safety Plan, utilities search and markout, permitting, subcontractor contracting, project kick-off meetings and various project management and scheduling items. RORE will complete all necessary permit applications such as grading, hydrant, water meter, and submittals for the project. Actual permit costs, if any, will be passed on as cost reimbursable to the client and are not included in this cost proposal. During this task, there will be a great deal of project coordination, subcontract and vendor coordination, project detailed schedule development and project scoping taking place. The Project Director will work closely with the Client and the DEH Regulator to ensure that the project goals are clear, and that the budget and schedule will be met. Task 2: Concrete Characterization Prior to demolition, 10 concrete samples will be collected and analyzed for asbestos to assess whether asbestos is present in the concrete. For the purposes of this proposal, it has been assumed that the results of the concrete sampling will demonstrate that the concrete is not an asbestos -containing material and that the concrete will be disposed of as construction debris. Page 3 of 10 Cost Proposal for the former Ace Metals Property RORE. Inc. Task 3: Preparation of Stormwater Pollution Prevention Plan Develop and implement plans according to regulatory requirements and the RPMP. Task 4: Additional Site Assessment to Evaluate the Center Area of Property A review of the RPMP indicates that the soil in the center of the Property, around soil boring NM-B22, has not been adequately characterized. It is necessary to assess soils in this area to determine if cleanup is required. RORE proposes to place four soil borings in the central area of the Property around soil boring NM-B22. Two soil samples will be collected from each soil boring at depths below ground surface (bgs) of 0.5-2 feet bgs and 2-3.5 feet bgs. Soil samples will be analyzed for total petroleum hydrocarbons (TPH) by EPA Method 8015M and Title 22 Metals by EPA Method 6010/7471A. Task 5: Human Health Risk Assessment To demonstrate that the Property no longer poses a human health risk based upon the proposed future property use, a HHRA will be completed following San Diego DEH SAM Manual guidelines. Task 6: Concrete and Asphalt Demolition and Removal The start of fieldwork will include implementation of the approved Community Health and Safety Plan, and the Site Health and Safety Plan. The existing concrete and asphalt material surface will be removed from areas of the Property that will undergo site remediation. The estimated area to be removed will be 15,000 square feet. Assuming six inch thick non -reinforced concrete, the estimated total concrete for demolition and removal is 280 cubic yards (-580 tons). This task includes demolition of the hydraulic bailer pit. No As -built drawings were provided to us and RORE personnel were unable to inspect the hydraulic bailer pit. Therefore, for the purposes of this proposal, the pit is assumed to be 20 feet long, 14 feet wide, and 20 feet deep, and is lined with concrete. If the bailer pit does not match these specifications, additional costs for demolition and disposal may be required. Task 7: Excavate Hotspots Based on Existing and Additional (Task 4) Site Assessment Data All areas of the Property that exhibit elevated concentrations of CoCs in soil that could pose an elevated human health risk will be excavated and disposed of accordingly. Estimated total soil excavation is 1,850 tons. If the quantity of soil differs from the estimate due to additional contamination that may be encountered during the currently -proposed characterization of soil in the center portion of the property, then the Client will be notified of any cost modifications prior to proceeding with the task. For the purpose of this proposal and based upon review of the existing data, RORE assumes that about 300 tons (200 cubic yards) of California non-RCRA Hazardous waste will be identified, excavated, and disposed of from the center portion of the property. Task 8: Confirmation Sampling Perform confirmation sampling per RPMP including one sample for each 2,000 square foot area c nv n n�...r.. n.�a ,.,^�f O i re at clean norticn.� � � �a��,�nIP ^er COO �n ,a.�� foot ar. a in Page 4 of 10 Cost Proposal for the former Ace Metals Property RORE, Inc. Additional sampling will be performed on sidewalls and below the bottom of hotspot excavations. Task 9: Stockpile Management and Characterization The excavated soil will be stockpiled on -site per DEH approval. The stockpiles will be stored on visqueen and covered with visqueen, which will be held to the ground with sandbags. RORE will perform stockpile characterization per RPMP. The estimated total quantity of soil to be characterized is 1,100 cubic yards, and sampled at one sample per 25 cubic yards up to 500 cubic yards, and one sample per 500 cubic yards above 500 cubic yards volume of soil. Two stockpiles are proposed: One with 200 cubic yards and another with 900 cubic yards. This task will require a total of 29 soil samples. Task 10: Stockpile Disposal Perform stockpile disposal based on stockpile characterization sampling results. The disposal destination is dependent on the results of stockpile sampling. Based on the concentrations of lead identified in Property soils, a portion of the soil will probably fail the toxicity characteristic leaching procedures (TCLP) tests and be considered a RCRA Hazardous Waste. It is probable that a large quantity of excavated soil will also fail the soluble threshold limit concentration (STLC) test and be considered a California non-RCRA Hazardous Waste. For purposes of this proposal the following estimates will be used: 300 tons RCRA Hazardous Waste, 1,550 tons California non-RCRA Hazardous Waste. The soil quantities identified as RCRA and California non-RCRA Hazardous wastes are best -estimates based upon existing site soil sample results. If the quantities differ from the proposal estimates, then additional costs may apply and the Client will be notified prior to proceeding with the task. Task 11: Backfilling and Surface Completion Perform backfilling and compaction of excavated areas and surface completion per the RPMP. An estimated 1,800 tons of engineered fill material will be used to bring the excavations up to grade. The surface will then be completed with approximately 2 inch thick asphalt covering an estimated 15,000 square feet. Task 12: Report Preparation Based on the findings of the field investigation and laboratory results from the above scope of services, a Property Closure Report will be prepared. The report will document the mitigation and will include laboratory reports, chain -of -custody records, waste manifests, figures and cross - sections indicating soil sampling locations and sample analytical results, tabulated analytical results, and appropriate supporting documentation. The report will be reviewed for quality and signed by the appropriately -licensed professional. PROJECT ASSUMPTIONS 1. Access to Property will be provided without any interruption to RORE's normal field schedule (e.g., 7:00 am to 3:30 pm, Monday through Friday). Page 5 of 10 Cost Proposal for the former Ace Metals Property RORE, Inc. 2. Water will be available at the Property at no cost to RORE. 3. The City of National City will waive the City permit fees as needed. 4. RORE will utilize state -licensed subcontractors and construction crews, who will be paid prevailing wages. 5. The City of National City representatives will be required to sign the manifest for disposal of hazardous waste at the designated landfill site. 6. Based on review of available data, RORE assumes that groundwater is deeper than 20 feet; the RORE Team will not be required to dewater during soil excavation. 7. If possible, crushed concrete can be re -used by the City of National City at other sites. 8. RORE will not be responsible for delay in project execution due to a delay in obtaining the applicable permits from regulators and/or unforeseen conditions such as rain and flooding. 9. Quantities of soil used in this proposal are estimates based on available information provided in the RPMP. Due to the inherent uncertainty associated with the mitigation of subsurface contamination, quantities of RCRA hazardous and non-RCRA hazardous soil may vary from the proposed amounts. If this occurs, the Client will be notified prior to proceeding with the associated task. 10. RORE's estimated cost does not include any emergency cleanup in the event that any unknown hazardous chemicals are encountered. 11. RORE's estimated cost does not include removal and disposal of underground and/or aboveground storage tanks, if encountered. However, RORE will inform the National City Project Manager and obtain his concurrence for a change order and the additional cost involved. 12. The proposed redevelopment will be slab -on -grade construction; the final grading will only be approximate. RORE can complete the project by the December 31, 2006 deadline assuming that DEH provides approval in a timely manner. Please note that DEH has verbally authorized commencement of the project on tasks that have already been approved under the existing mitigation plan (for e.g., Tasks 1-3 and 6). RORE is ready to begin this project immediately upon receipt of the signed contract. The costs related to each Task of this project are summarized in a Table that directly follows this page. If you have any questions regarding this proposal, please contact me at 858-483-8625 ext. 12. or on my cell at 619-922-4482. Thanks so much for your consideration! Sincerely, RORE, Inc. 7 Gita Murthy, Ph.D. Project Director Page 6 of 10 Cost Proposal for the former Ace Metals Property RORE, Inc. Task # Activity Cost Subtotal 1 Fieldwork Preparation Site Health and Safety Plan $2,500 $3,800 Permit application and filing, 16 hrs @ $68/hr $1,088 Utility mark -out and locating, 4 hrs @ $53/hr $212 Subtotal 2 Concrete Characterization Environmental Technician, 6 hrs @ $53/hr $318 $768 Sampling equipment and field truck $200 Laboratory analysis, 10 samples @ $25/sample $250 Subtotal 3 Preparation of Storm Water Pollution Prevention Plan Plan development, lump sum $8,500 $8,500 Subtotal 4 Additional Site Assessment to Evaluate the Center Area of Property Sr. Environmental Technician, 6 hrs @ $68/hr $408 $3,685 Environmental Technician, 6 hrs @ $53/hr $318 Supplies, lump sum $200 Field truck, 1 day @ $75/day $75 Concrete coring $300 Laboratory analysis - Title 22 Metals (EPA 6010/7471A, 8 samples at $149/sample) $1,192 Laboratory analysis - TPH (EPA 8015 Modified, 8 samples at $149/sample) $1,192 Subtotal 5 Human Health Risk Assessment Human I lealth Risk Assessment, lump sum $19,000 $19,000 Subtotal 6 Concrete and Asphalt Demolition and Removal Site Superintendent, 30 hrs @ $84/hr $2,520 $22,795 Field truck, 3 days @ $75/day $225 Concrete cutting, demolition, and removal $20,050 Subtotal 7 Excavate Hotspots Based on Existing & Additional (Task 4) Site Assessment Data Site Superintendent, 60 hrs @ $84/hr $5,040 $28,020 Sr. Environmental Technician, 30 hrs @ $68/hr $2,040 Environmental Technician, 30 hrs @ $53/hr $1,590 Field truck, 8 days a> $75/day $600 Hydraulic bailer pit removal and disposal $6,750 Excavation $12,000 Subtotal Page 7 of 10 17 Cost Proposal for the former Ace Metals Property Task # 8 RORE, Inc. Activity Confirmation Sampling Cost Subtotal Site Superintendent, 40 hrs @ $84/hr Sr. Environmental Technician, 20 hrs @ $68/hr Environmental Technician, 20 hrs @ $53/hr Field truck, 2 days @ $75/day XRF rental, 1 week @ $2,500/week Concrete coring Mobile lab, 5 days @ $2,300/day Laboratory analysis - Title 22 Metals (EPA 6010/7471A, 90 samples @ $125/sample) Laboratory analysis - TPH (EPA 8015 Modified, 90 samples @ $125/sample) Laboratory analysis - PAHs (EPA 8310, 25 samples @ $162/sample) Laboratory analysis - VOCs (EPA 8260, 25 samples @ $112/sample) Laboratory analysis - PCBs (EPA 8082, 25 samples @ $75/sample) Subtotal $3,360 $1,360 $1,060 $150 $2,500 $1,200 $11,500 $11,250 $11,250 $4,050 $2,800 $1,875 9 Stockpile Management and Characterization $52,355 Stockpile Management Plan, lump sum Sr. Environmental Technician, 15 hrs @ $68/hr Environmental Technician, 15 hrs @ $53/hr Sampling supplies Field truck, 1 day @ $75/day Laboratory analysis - Title 22 Metals (EPA 6010/7471A, 29 samples $99/sample) Laboratory analysis - TPH (EPA 8015 Modified, 29 samples @ $99/sample) Laboratory analysis - PAHs (EPA 8310, 10 samples @ $129/sample) Laboratory analysis - VOCs (EPA 8260, 10 samples @ $99/sample) Laboratory analysis - PCBs (EPA 8082, 10 samples @ $60/sample) Laboratory analysis - STLC Metals (STLC Metals, 15 samples @ $85/sample) Laboratory analysis - TCLP Metals (TCLP Metals, 15 samples @ $85/sample) Subtotal $2,500 $1,020 $795 $250 $75 $2,871 $2,871 $1,290 $990 $60Q $1,275 $1,275 $15,812 Nags 8 of 10 ie Cost Proposal for the former Ace Metals Property RORE, Inc. Task # Activity Cost Subtotal 10 Stockpile Disposal Environmental Technician, 16 hrs @ $53/hr $848 Field truck, 2 days @ $75/day $150 Load -out of soils $5,000 RCRA Hazardous Waste, 300 tons @ $210/ton $63,000 CA non-RCRA Hazardous Waste, 1,550 tons @ $68/ton $105,400 S Subtotal $174,398 11 Backfilling and Surface Completion Site Superintendent, 16 hrs @ $84/hr $1,344 Field truck, 2 days @ $75/day $150 Engineered backfill, 1,800 tons @ $35/ton $63,000 Surface completion, 15,000 square feet of 2 inch asphalt @ $1.34/square foot $15,000 Compaction testing $4,000 S Subtotal $83,494 12 Report Preparation Property Closure Report $10,000 Subtotal $10,000 Subtotal $422,627 Project Management and Subcontract Management Fee (10% of Professional and Contractor Fees) $42,263 TOTAL $464,890 Page 9 of I0 Cost Proposal for the former Ace Metals Property RORE, Inc. SCHEDULE OF FEES Effective January 1, 2006 PROFESSIONAL SERVICES HOURLY RATE Principal -in -Charge $103 Project Manager $100 Project Professional $84 Staff Professional $68 Environmental Technician $53 CADD Technician $47 Consultants $125 SUPPORT SERVICES Office Manager/Executive Secretary Computer Word Processing $42 $42 OTHER COSTS Field Truck $75/day Equipped Field Van $95/day Per Diem Per Govt. Organic Vapor Analyzer $100/day Materials (PPE, Level C-D) $50/person Lab Supplies Per Lab Cost All Other Direct Costs Actual Costs plus 10% G&A, and Fee of 10% Telephone, Mail, and Office Copying 4% of Professional Services NOTE; A two-hour minimum is charged for field visits by staff. Time spent in travel in the interest of the client will be charged at hourly rates, except that no more than 8 hours of travel time will be charged in any day. For Court appearances, presentations to regulatory boards or other special requests for testimony, a minimum of four hours time plus expenses will be charged for each individual attending. For legal testimony, professional fees are three times the posted hourly rates. Preparation phase for such appearances will be charged at the regular hourly rates. & FL tstT Ace Metals Site Mitigation Schedule ID 1 2 3 4 5 6 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 DEH review of Additional Assessment/ Mitigation Addendum Concrete/Asphalt Removal Q Site Excavation/Stockpiling Confirmation Sampling Task Name Revised Mitigation Plan Submittal to DEH DEH Review of Revised Mitigation Plan Permitting Concrete Characterization for Asbestos SWPPP Utility Clearance Duration Start Finish 1 day Wed 10/4/06 Wed 10/4/06 9 days Thu 10/5/06 Tue 10/17/06 14 days Wed 10/4/06 Mon 10/23/06 7 days Wed 10/4/06 Thu 10/12/06 7 days Wed 10/4/06 Thu 10/12/06 1 day Thu 10/12/06 Thu 10/12/06 Site Assessment of Central Portion of 3 days Fri 10/20/06 Tue 10/24/06 Property Hot Spot Mapping and Markout 1 day Wed 10/25/06 Wed 10/25/06 Additional Assessment Lab Analysis 7 days Wed 10/25/06 Thu 11/2/06 5 days Fri 11/3/06 Thu 11/9/06 3 days Mon 11/13/06 Wed 11/15/06 10 days Thu 11/16/06 Wed 11/29/06 11 days Thu 11/16/06 Thu 11/30/06 Laboratory Analysis Confirmation 5 days Fri 12/1/06 Thu 12/7/06 Sampling Risk Assessment 5 days Fri 12/8/06 Thu 12/14/06 E Remobilize, if necessary for additional site 2 days Fri 12/15/06 Mon 12/18/06 mitigation R Stockpile Characterization 2 days Wed 11/29/06 Thu 11/30/06 Lab Analysis Stockpile Characterization 7 days Fri 12/1/06 Mon 12/11/06 Stockpile Disposal 9 days Tue 12/12/06 Fri 12/22/06 Site Backfill and Compaction 7 days Tue 12/26/06 Wed 1/3/07 Resurfacing 7 days Thu 1/4/07 Fri 1/12/07 Project Draft Mitigation Report 21 days Wed 12/6/06 Wed 1/3/07 DEH Review 21 days Thu 1/4/07 Thu 2/1/07 Oct 1, '06 10/1 C1 Oct 8, '06 10/8 Oct 15, '06 10/15 Oct 22, '06 10/22 Oct 29, '06 10/29 Nov 5, '06 11/5 Nov 12, '06 11/12 Project: Project Schedule 9-29-05 Date: Fri 9/29/06 Task Split Progress L Milestone Summary Rolled Up Task • Rolled Up Split Rolled Up Milestone O Rolled Up Progress � External Tasks Project Summary RORE. Inc. Page 1 Ace Metals Site Mitigation Schedule IL Q Task Name Duration Start Finish Oct 1, '06 Oct 6, '06 Oct 15, '06 Oct 22, '06 Oct 29, '06 Nov 5, '06 Nov 12, '06 10/1 10/8 10/15 10/22 10/29 11/5 11/12 2,t Pr, Dz. RC_ Final Mitigation Report 14 days Fri 2/2/07 Wed 2/21/07 Project Schedule 9-29-05 7i 9/29/06 Milestone Summary Rolled Up Task • Rolled Up Split Up Milestone Up Progress 5,. External Q Project Tasks g Summary Task i Split ^ Rolled ! Rolled Progress Inc. Page 2 Ace Metals Site Mitigation Schedule '06 '06 Nov 19, Nov 26, Dec 3, '06 Dec 10, '06 Dec 17, '06 Dec 24, '06 Dec 31, '06 Jan 7, '07 1 Jan 14, '07 Jan 21, '07 Jan 28, '07 Feb 4, '07 Feb 11, '07 Feb 18, '07 11/19 11/26 12/3 12/10 12/17 12/24 12/31 1/7 [ 1/14 1/21 1/28 2/4 2/11 2/18 1 i r i Project Project Schedule 9-29-05 Date: Fri 9/29/06 Task Milestone ♦ Rolled Up Split External Tasks= F y ,.,,, ce ,a Split Summary ^ Rolled Up Milestone O Project Summary Progress Rolled Up Task I Rolled Up Progress RORE, Inc. Page 3 c Pr R( Ace Metals Site Mitigation Schedule '06 Nov 26, '06 I Dec 3, '06 Dec 10, '06 Dec 17, '06 Dec 24, '06�. Dec 31, '06 Jan 7. '07 Jan 14, '07 Jan 21. '07 Jan 28. '07 Feb 4, '07 Feb 11, '07 Feb 18, '07 19 11126 12/3 12/10 12/17 12/24 12/31 1/7 1/14 1/21 1/28 2/4 2/11 2/18 7 Task Milestone ♦ Rolled Up Split .,, v,x = Wd .LL External Tasks Project Schedule 9-29-05 „ ri 9/29/06 Split Summary ^ Rolled Up Milestone O Project Summary Progress Rolled Up Task Rolled Up Progress Inc. Page 4 City of National City Office of the City Clerk 1243 National City Boulevard, National City, CA 91950-4397 Michael R. Della, CMC - City Clerk (619) 336-4228 Fax: (619) 336-4229 October 25, 2006 Mr. Gita Murty Project Director Rore Environmental Science and Engineering 1640 Collingswood Drive San Diego, CA 92109-2239 Project: National City — Mitigation Services former Ace Metals Property, 720 West 23rd Street Resolution No. 2006-223 Dear Mr. Murty: On October 17, 2006, the Community Development Commission of the City of National City passed and adopted Resolution No. 2006 - 223, authorizing an agreement with Rore Environmental Science and Engineering, Inc. We are pleased to enclose one fully executed original agreement and one certified copy of the Resolution for your records. Should you have any questions, please contact Mr. Brad Raulston, Executive Director, Community Development Commission, at (619) 336-4250. Michael R. Dalla City Clerk MRD Enclosure cc: CDC File C2006-58 ® Recycled Paper