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HomeMy WebLinkAbout2019 CON Department of Toxic Substances Control DTSC - Environmental Oversight AgreementDepartment of Toxic Substances Control Jared Blumenfeld Secretary for Environmental Protection March 6, 2019 City of National City Leslie Deese, City Manager 1243 National City Boulevard National City, CA 91950 Meredith Williams, Ph.D. Acting Director 1001 "I" Street P.O. Box 806 Sacramento, California 95812-0806 Subject: Contract Number 18-T4572 Dear Leslie Deese, Gavin Newsom Governor Enclosed for your records is a copy of the fully executed Standard Agreement for the above mentioned Contract. Thank you for your cooperation during the entire process. If you have any questions, please contact me at 916.323.0245. Sincerely, Darcy Christoffersen Contracts Unit Enclosure(s) cc: Michael Bobenko, DTSC Mustapha Guerbaz, DTSC Robert Yano, City of National City RECEIVED MAR 252019 CITY OF NATiONAL CITY CITY MANAGER'S OFFICE a Printed on Recycled Paper STATE OF CALIFORNIA - DEPARTMENT OF GENERAL SERVICES STANDARD AGREEMENT STD 213 (Rev.10/t018) 1. This Agreement is entered into between the Contracting Agency and the Contractor named below: Fl_II..LY EXECUTE AGREEMENT NUMBER 18-T4572 PURCHASING AUTHORITY NUMBER (If Applicable) CONTRACTING AGENCY NAME Department of Toxic Substances Control CONTRACTOR NAME City of National City 2. The term of this Agreement is: START DATE September 1, 2018 THROUGH END DATE August 31, 2020 3. The maximum amount of this Agreement is: $76,934.00 4. The parties agree to comply with the terms and conditions of the following exhibits, which are by this reference made a part of the Agreement. EXHIBITS TITLE PAGES Exhibit A Scope of Work 9 Exhibit B Budget Detail and Payment Provisions 3 Exhibit C * General Terms and Conditions 04/2017 Exhibit D Special Terms and Conditions 1 SITE: National City Public Work Yard-Parkside Items shown with an asterisk (*), are hereby incorporated by reference and made part of this agreement as if attached hereto. These documents can be viewed at www.dgs.ca.gov/ols/resources/standardcontractlanguage.aspx IN WITNESS WHEREOF, THIS AGREEMENT HAS BEEN EXECUTED BY THE PARTIES HERETO. CONTRACTOR CONTRACTOR NAME (if other than an individual, state whether a corporation, partnership, etc.) City of National City CONTRACTOR BUSINESS ADDRESS 1243 National City Boulevard PRINTED NAME OF PERSON SIGNING Leslie Deese CITY National City STATE CA ZIP 91950 TITLE City Manager CONTRACTOR AUTHORIZED SIGNATURE DATE SIGNED ji ct Page 1 of 2 STATE OF CALIFORNIA - DEPARTMENT OF GENERAL SERVICES STANDARD AGREEMENT SID 213 (Rev. 10, 2018) AGREEMENT NUMBER 18-T4572 PURCHASING AUTHORITY NUMBER (If Applicable) STATE OF CALIFORNIA CONTRACTING AGENCY NAME Department of Toxic Substances Control CONTRACTING AGENCY ADDRESS 1001 I Street, P.O. Box 806 . . CITY Sacramento STATE CA ZIP 95812 PRINTED NAME OF PERSON SIGNING Jessica Heinz TITLE Procurement & Contracting Officer CONTRACTING AGENCY ORIZED IGNATURE DATE SIGNED CALIFORNIA DEPARTM`NT G _ RAL SERVICES APPROVAL EXEMPTION (If Applicable) Exempt per DGS Exemption Letter 40.06 Page 2 of 2 The City of National City Contract No. 18-T4572 Exhibit A - Page 1 of 9 EXHIBIT A 1 The City of National City (Applicant), agrees to reimburse the Department of Toxic Substances Control (DTSC) for costs incurred in providing review, consultation and/or processing, including the removal of the Lead impacted soil in National City Public Works Yard-Parkside (Site). The term of this Contract is through August 31, 2020 for an amount not to exceed $76,934.00. This Contract may be amended in writing upon mutual agreement. 2. The Applicant Representative during the term of this Contract will be: Applicant Representative/Billing Information Leslie Deese City Manager City of National City 1243 National City Boulevard National City, CA 91950 Phone: (619) 336-4255 Fax: (619) 336-4286 Email: Ideeseci nationalcityca.gov The DTSC Project Manager and Applicant Project Manager for this Contract will be: DTSC Project Manager Mustapha Guerbaz Senior Hazardous Substance Engineer Department of Toxic Substances Control 5796 Corporates Avenue Cypress, CA 90630 Phone: (714) 484-5381 Fax: (714) 484-5438 Email: mustapha.querbazna dtsc.ca.gov Applicant Project Manager Robert Yano Deputy City Engineer City of National City 1243 National City Boulevard National City, CA 91950 Phone: (619) 336-4255 Fax: (619) 336-4286 Email: ryanonationalcityca.gov 3. The above Managers/Representatives may be changed at any time upon written notification to each party with a copy to DTSC's Contracts Unit. 1 oo z 0 U) U) F- - 0 0 < < ZUJ 1 § W ▪ 2 EC - F- < 0 _J • u C.) > WUJ Lia, z w a_ 0 >- _J 5 > w o CD 0 a) 111 0 The City of National City Contract No. 18-T4572 Exhibit A - Page 3 of 9 B. PROPERTY DESCRIPTION FOR EACH INCLUDED PROPERTY Property Name, - --- Location Site Description Site History National City Public Works Yard 2100 Hoover Avenue National City, California San Diego County Assessor's Parcel Numbers (APNs) 559 124 05, 560-396-06, and 560- 396-08. Owned by: City of National City The Site is the "Facility -side" property of the National City Public Works Yard, located in an area of National City that is known as the Westside Neighborhood. The Public Works Yard is made up of two separate areas, designated as the "Facility -side" and the "Park -side" properties. The Facility -side property consists of an approximate 4.6- acre vehicle and equipment maintenance facility that is located on the east side of Paradise Creek. The City has operated a public works yard at 2100 Hoover Avenue since 1973 when it acquired the property. Prior to the date of acquisition, the subject property was undeveloped. The City is planning to relocate its public works yard and redevelop the subject property to include residential homes. To assess whether chemicals of concern have been released to the environment as a result of historic land use practices, the City has completed multiple environmental studies including a Phase Environmental Site Assessment (ESA) and Phase II Site Investigation (SI). In consideration of the City's intended redevelopment plans, DTSC worked with the Agency to conduct additional investigations to determine steps needed to ensure a safe development. It was determined that soil in the Parkside project is impacted with Lead. The City, via a RAW, will remove the contaminated soil and replace it with a clean imported fill. Note: This table was prepared by M. Tasnif-Abbasi on 7/6/2011 C. REMEDIATION OVERSIGHT - City of National City REDEVELOPMENT PROJECT The scope of work under this Oversight Agreement may include, but not be limited to, the tasks described in this exhibit. Please note that the scope of work may be modified based on Agency and Department discussions. Task 1. Supplemental Removal Action Workplan (RAW) The National City Redevelopment Agency (Agency) submitted of a Supplemental Removal Action Workplan (Supplemental RAW) in June 2018, consistent with the attached Schedule, for review and approval by DTSC. This Supplemental RAW included the removal of the Lead impacted soil in Paradise Creek Park and the placement of a 2 to 3 feet of clean imported fill as a cover for the entire Site before construction of the park. Supplemental site investigation activities have concluded that the Park -Side of the project is impacted with concentrations of lead in the upper 3 to 6 feet. This soil horizon is characterized with undocumented fill soil that was imported on -site during the 1960s. The origin of the fill soil is unknown. Preliminary calculations estimate that as much as 25,000 tons of soil may be impacted with lead that would likely be handled as a California Hazardous Waste. In consideration of the volume of lead impacted soil as well as its classification, it is estimated that approximately 1,100 trucks will be used to haul the impacted soil to an approved facility in Arizona over a period of approximately 80 to 100 working days. It is anticipated that the cap will consist of clean imported soil that will be tested for chemical constituents in accordance with DTSC Advisory for Clean Imported Fill Soil. The Supplemental RAW document addresses the following: (a) a description of the site, site history, site environmental setting, and contamination; (b) a summary of the risk evaluation conducted, (c) current and contemplated land uses of the Property or group of Properties; (d) zoning and general plan designation of the Property or group of Properties; (e) the goals to be achieved by the cleanup; (f) a summary description of the feasibility study conducted; (g) a description of the recommended alternative (including any required and/or suggested land use covenants, an operation and maintenance agreement and plan, financial assurance and other operation and maintenance requirements, as appropriate); (h) implementation and enforcement plan if operation and maintenance requirements are identified or if a land use covenant is necessary; The City of National City Contract No. 18-T4572 Exhibit A - Page 5 of 9 (i) the name of the party, if not the Agency, who will be responsible for implementing and operating the final remedy, including any remedy requiring a startup operation period; and (0) an administrative record list. Within sixty (60) days of DTSC's written approval of the final Supplemental RAW, DTSC will acknowledge, in writing, that upon proper completion of the final RAW, the immunity provided by Health and Safety Code section 33459.3(b) shall apply to the Agency. TASK 2. California Environmental Quality Act (CEQA) DTSC and the Agency will discuss what CEQA documents are necessary and who shall prepare the necessary CEQA documents, as well as the appropriate Lead Agency and Responsible Agency under the CEQA process. DTSC and the Agency will work together to ensure that the proposed environmental document contains the information necessary for the Agency and DTSC to evaluate impacts from the proposed remediation. It is the goal of both DTSC and the Agency that the CEQA document be used by both entities in meeting their respective obligations under CEQA. If, however, for reasons specific to the Project, the processes cannot be efficiently combined, then DTSC will prepare its own CEQA document for the Supplemental RAW. If required, the Agency shall submit the information necessary for DTSC to prepare this document. TASK 3. Implementation of Final Supplemental RAW Subject to the provisions of Section 5 of the Standard Provisions concerning endangerment during implementation, nothing herein will require the Agency to proceed with implementation of the Supplemental RAW with respect tb any Property or group of Properties if it determines not to do so. The Agency will provide DTSC with written notice of the Agency's decision to either implement or not implement the Final Supplemental RAW. Upon DTSC approval of the Supplemental RAW, if the Supplemental RAW incorporates the schedule, and if the Agency decides to proceed with the removal action at a Property or group of Properties, the Agency will implement or will direct the implementation of the approved final Supplemental RAW, as applicable, in accordance with the approved schedule. At the completion of field work, the Agency (or such other party conducting the remediation or other response or removal actions with respect to a Property or group of Properties) will submit a final Implementation Report discussing the work completed and noting any deviations from the approved plan. Within 60 days of the date DTSC finds that the removal action has been properly completed in accordance with the Final Supplemental RAW, DTSC will notify the Agency, in writing, that the immunity provided by Health and Safety Code section 33459.3, subdivision (c) is in effect. This immunity extends to other such parties entitled to immunity pursuant to Health and Safety Code Section 33459.3(e). In the event that Operation and Maintenance is required, the Parties agree that the immunity provided by Health and Safety Code section 33459.3(e) shall be expressly conditioned upon the satisfactory performance of all responsibilities pursuant to Task 11 of this Agreement. In the event that DTSC finds that the remedy is not functioning properly and successfully, and performing as designed, or that the remedy will not attain the final performance standards or cleanup goals specified in the final Supplemental RAW, Cleanup Plan, DTSC will, as soon as administratively feasible, notify the Agency. TASK 4. Changes During Implementation of the Final Supplemental RAW If during implementation of the final Supplemental RAW, DTSC determines that additions, modifications or revisions to such document may be necessary to protect human health and safety or the environment or to implement the final Supplemental RAW, DTSC will, as soon as administratively feasible, notify the Agency and the parties will determine the appropriate revisions to such document; provided, however, and subject to the provisions of Sections 5 and 23 of the Standard Provisions concerning endangerment during implementation, nothing herein will require the Agency to continue to proceed with the implementation of the modified Supplemental RAW with respect to a Property or group of Properties if it determines not to do so. The Agency and DTSC shall identify contact personnel so that any necessary changes during implementation that may be required as a result of field conditions can be resolved, if possible, through telephone communications or on -site meetings in order to achieve "real-time" decision making and avoid construction delays. The accelerated approach set forth in the Supplemental RAW requires rapid decision making based on field data and analysis. TASK 5. Public Participation The Agency and DTSC will conduct appropriate public participation activities given the nature of the community surrounding the Property or group of Properties and the level of community interest. The Agency will work cooperatively with DTSC to ensure that the affected and interested public and community are involved in the decision -making process applicable to the clean-up of the Property or group of Properties, taking into account the Agency's existing public participation capabilities and procedures. DTSC and the Agency will strive to integrate the public participation activities associated with the Supplemental RAW with the public participation activities associated with the development of the Properties or group of Properties to the maximum extent possible. A scoping meeting may be held to determine the appropriate activities that will be conducted to address public participation. If necessary, the Agency will then prepare a public participation plan for the Property or group of Properties that describes the proximity of homes and/or schools, day care facilities, churches, and similar uses; the current and proposed land uses within and adjacent to the Property or group of Properties; media interest; and involvement of community groups and elected officials. The plan shall also include a mailing list, identify appropriate information repositories, and specify the public participation activities that the Agency will undertake to provide opportunities for public involvement in site -related decisions. The Agency and DTSC will evaluate whether a fact sheet and public notices are necessary, as well as their content, distribution and circulation, and whether a public meeting is appropriate depending on the The City of National City Contract No. 18-T4572 Exhibit A - Page 7 of 9 circumstances and the nature of the remedial or removal action, as well as any other public participation procedures. More specifically, the Agency shall collaborate with DTSC to consider undertake the following public participation activities to ensure active public participation in the Project: A. Assessment of Community Interest: The Parkside Creek Park (Project) is of high public interest to the community. Creation of additional affordable housing uses, and removal of blighting conditions are a key component of the Redevelopment Plan for this portion of National City. B. Participation of Other Stakeholders: The Project was initiated by the Agency, relying on its authority under the Polanco Redevelopment Act and the Community Redevelopment Law of the Health and Safety Code. Ultimately, the Project will require approval at various levels of municipal government, and the Agency will, in furtherance of its statutory duties, conduct further Public Participation activities as described herein. C. Approval of Project Activities: Approval of Project activities has been and continues to be taken by the Agency's Board of Commissioners, a seven - member body created under provisions of the California Community Redevelopment Law. Agendas for meetings of the Commission are published in advance and actions are taken in public session. Most actions of the Agency are also reviewed and approved by the full City Council, and the Mayor. D. Assignment of Agency Community Affairs Specialist: Public outreach for activities to be undertaken under the approved PMP will be assigned a coordinator who will coordinate as necessary with DTSC and be responsible for liaison with appointed and elected citizen participation groups and dissemination of information to adjoining property owners, businesses, and tenants. The Agency will coordinate with DTSC on public relations activities as necessary. E. Preparation and Distribution of Fact Sheet: The Agency shall prepare a Fact Sheet on the environmental conditions found at the site, and the cleanup activities proposed to be undertaken under the Supplemental RAW, for presentation to and approval by DTSC. This fact sheet will identify Agency and DTSC contact persons who can provide additional information on the cleanup activities proposed and will identify how interested parties can provide public comment on the proposed cleanup activities. The Fact Sheet will be distributed to the contacts listed in Section F, Task 11 of this Agreement. F. Document Depository: The Agency shall establish and maintain a public depository of the Supplemental RAW and its supporting implementation plans for review by the public and shall include notice of the availability of the depository in the Fact Sheet and any public notices on cleanup plan activities. Project documents will also be maintained on the Agency's web site. G. Notices of Project Activities: The Agency shall provide notices of Project activities at key points in the implementation of the Supplemental RAW and its associated redevelopment project: 1. Thirty -days prior to start of physical activities at the site (additional environment investigation and cleanup activities as set forth in the Supplemental RAW) 2. During cleanup activities, if material changes in scope or duration occur after the original notices. 3. Upon completion of work and issuance of the DTSC Certificate of Completion or No Further Action Letter. Information notices will be distributed as follows: 1. The Project Area Citizen Advisory Committee. The CAC for the Project Area is the official advisory body for redevelopment activities. It consists of appointed community residents and business representatives. 2. Neighborhood Council, as needed 3. List of persons wishing to be kept informed. The Agency maintains an official mailing list of persons expressing interest in being kept informed of Agency activities and will mail or email the notices of Project activities to each person on the list. 4. Owners, businesses, and tenants within 500 feet of the Project site. The Agency will mail notices to all owners of record and will hand -deliver notices to each business and tenant, with 500 feet of the Project site. 5. Signage. Prior to the start of any investigation or cleanup activity, The Agency shall place a sign on the Project site, noticing the activity and providing contact information. H. Additional Project Meetings as Needed. Depending on community reaction and comment to the Project activities listed above, additional meetings may be convened to provide opportunities for additional input into the cleanup activities proposed for the Project. TASK 6. Land Use Covenant If required pursuant to California Code of Regulations, title 22, section 67391.1, the Parties agree that the final Supplemental RAW will contain a requirement for a land use covenant imposing appropriate limitations on land use when hazardous substances, hazardous materials, hazardous constituents or hazardous wastes will remain at the Property or group of Properties at levels that are determined by DTSC as not suitable for unrestricted use of the land. If DTSC determines a land The City of National City Contract No. 18-T4572 Exhibit A - Page 9 of 9 use covenant is necessary, the Agency agrees to sign and record a land use covenant approved by DTSC, or if the Agency is not the Property Owner, the Agency will arrange for the Property Owner to sign and record the land use covenant approved by DTSC. The land use covenant must be recorded in the County where the land is located prior to DTSC's determination that a remedial or removal action has been properly completed in accordance with the final Remedial Action Plan or Cleanup Plan for a Property or group of Properties. TASK 7. Operation and Maintenance (O&M) The Agency will comply with, or arrange for compliance with, all operation and maintenance (O&M) requirements or other institutional control measures, in accordance with the final Supplemental RAW. The Agency shall designate in the final Supplemental RAW the parties that will enter into an O&M Agreement, -or-- -- - otherwise be responsible for compliance with all O&M requirements, prior to certification of the Property or group of Properties. Compliance with any applicable O&M Agreement, and any land use covenant or other institutional control measures, must be included as a requirement for any new owner/lessee in a purchase and sale agreement for the Property or group of Properties. Any party that is responsible for O&M shall notify DTSC of any transfer of operation and maintenance responsibilities at least 30 days prior to such transfer. DTSC may, at its discretion, require the transferee to enter into a new O&M Agreement. The City of National City Contract No. 18-T4572 Exhibit B - Page 1 of 3 EXHIBIT B BUDGET DETAIL AND PAYMENT PROVISIONS A. Applicant agrees to reimburse DTSC for all costs incurred by DTSC pursuant to this Contract. The Cost Estimate is attached and incorporated by this reference and is included as the Budget for this Contract. DTSC's Cost Estimate shall include all of its costs, both direct and indirect. The hourly rates utilized in the development of any cost estimate shall reflect DTSC's current hourly rates. These hourly rates are adjusted each Fiscal Year to allow DTSC to recover its costs. Applicant is responsible for any increases in the direct and indirect rates and agrees to reimburse DTSC for these cost increases. B. Applicant agrees to pay to DTSC an advance payment based upon DTSC's estimate of the costs it may incur in performing its duties under this Contract. The advance payment amount is equal to: (1) if the term of the Contract is six months or more, then DTSC's estimated costs of services for six months, or (2) if the term of the Contract is less than six months, then for the entire amount of the Contract. C. The total amount of this Contract is $76,934.00. Applicant shall pay the advance payment in the amount of $38,467.00 within 30 calendar days of the Effective Date of this Contract. Applicant shall submit all payments to: Attention: Ms. Mabel Zhan Department of Toxic Substances Control Accounting 1001 I Street, 21st Floor P.O. Box 806 Sacramento, California 95812-0806 D. All payments to DTSC shall indicate Contract Number 18-T4572 and Project Number 401294-11. Copies of checks and letters transmitting such checks shall be sent simultaneously to DTSC's Project Manager. E. In the event the advance payment_ is_ less than 100% of the Cost Estimate, it shall be retained in the Applicant's Account. DTSC shall bill the Applicant with quarterly invoices which contain an accounting and supporting documentation of all expenditures during the previous quarter. Once work is completed, final invoices will be provided to Applicant as soon possible, generally within 60 calendar days of the close of the quarterly billing cycle following completion of the work. Applicant shall remit the total amount due within 30 calendar days of the date of the quarterly invoice. DTSC shall hold the advance payment until the Contract is completed or terminated. Any remaining charges shall then be applied against the advance, and any unused advance payment will be refunded within 120 calendar days of the completion of the project. F. If Applicant cancels the Contract, then Applicant agrees to pay DTSC a minimum fee of $1,000.00 out of the advance, regardless of the amount of work or services performed by DTSC under the terms of the Contract. If DTSC incurs more than $1,000.00 in costs, then The City of National City Contract No. 18-T4572 Exhibit B - Page 2 of 3 Applicant will be responsible for the actual direct and indirect costs incurred or encumbered by DTSC, from the Contract starting term date up to the date "notice of cancellation" is received by DTSC, without any additional fee. G. The amount advanced by Applicant may be modified by mutual contract in writing should the services provided by DTSC exceed its original estimated costs. Upon execution of an Amendment to the Scope of Work that increases the original cost, Applicant agrees to pay any additional advance payment to DTSC for such newly agreed upon work. H. Any dispute concerning DTSC's costs incurred pursuant to this Contract is subject to the dispute resolution procedures established pursuant to Health and Safety Code section 25269.2. DTSC reserves its right to recover unpaid costs under applicable State and Federal laws. The City of National City Contract No. 18-T4572 Exhibit B - Page 3 of 3 Cost Estimate: COST ESTIMATE WORKSHEET Type of Agreement: Consultative Reimbursement Agreement Date: 01/31/2019 Site Name: National City Public Works Yard-ParkSide Site Code: 401294-11 DTSC Project Team VCP Coord. Project Management Supervision Toxicology Geology Industrial Hygienist HQ Engineering Public Participation HQ CEQA Legal Project Assistants Classification (personnel) Sr. ES HSE Sr. ES (Sup)Engineering Staff Toxicologist Senior g g Geologist Sr. HSE PPS Environmental Planner Associate Program Analyst Office Technician (Typing) TASK: (enter # hrs) Agreement Prep./Negotiation 4 1 4 Project Management 60 Tribal Outreach Supplemental Site Characterization - Workplan - Implementation - Report OPEA Consultation 4 Public Participation 16 CEQA Supplemental Removal Action Workplan 16 8 8 16 16 2 Implement Remeval Action 60 8 8 8 8 8 Meeting Project Managers 8 8 2 2 4 Certification 4 1 1 Land Use Covenant 16 2 8 1 Operation & Maint 4 _ 2 Total No. Hours/Class 4 184 _ 30 18 26 0 24 12 4 8 4 4 Hourly Rate/Class $249 $224 $249 $223 $256 $0 $256 $146 $189 $0 $146 $88 Cost/Class $996 $41,216 $7,470 $4,014 $6,656 $0 $6,144 $1,752 $756 $0 $584 $352 Subtotal $69,940 Contingency (10%) $6,994 Grand Total Cost $76,934 Advance Payment $38,467 SPECIAL TERMS AND CONDITIONS 1. Contract Limits EXHIBIT D The City of National City Contract No. 18-T4572 Exhibit D - Page 1 of 1 Other than as specified herein, no document or communication passing between the parties shall be deemed a part of this Contract. 2. Entire Contract This Contract supersedes all prior agreements, oral or written, made with respect to the services provided herein. 3. Effective Date This Contract shall not be considered effective until it is signed by both parties, and if necessary, approved by the Department of General Services. 4. Counterparts This Contract may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 5. Authorization Each signatory to this Contract certifies that he or she is fully authorized by the Party he or she represents to enter into the terms and conditions of this Contract, to execute it on behalf of the party represented, and to legally bind that party to all the terms and conditions of this Contract. OTSC CONTRACT & BUS MGMT. 1QI9FFB 29 P' 2:38 RESOLUTION NO. 2019 — 18 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE STANDARD AGREEMENT NO. 18-T4572 WITH THE CALIFORNIA DEPARTMENT OF TOXIC SUBSTANCES CONTROL FOR AN AMOUNT NOT TO EXCEED $76,934 TO PROVIDE OVERSIGHT OF ENVIRONMENTAL REMEDIATION OF THE WESTSIDE TRANSIT -ORIENTED DEVELOPMENT (WI-TOD)/PARADISE CREEK PARK PROJECT SITE THROUGH AUGUST 31, 2020 WHEREAS, the Department of Toxic Substances Control (DTSC) is a qualified State environmental regulator that has been working with the City of National City and former redevelopment agency to provide oversight for environmental remediation planning and implementation services for the Westside Transit -Oriented Development (WI-TOD)/Paradise Creek Park project (the "Project"); and WHEREAS, the previous Agreement with DTSC expired on August 31, 2018, necessitating a need for a new agreement; and WHEREAS, Standard Agreement No. 18-T4572 with DTSC, in a not to exceed amount of $76,934 and expiring on August 31, 2020, provides for technical assistance and environmental oversight of remediation efforts for the Project through August 31, 2020. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves and authorizes the City Manager to execute Standard Agreement No. 18-T4572 with the California Department of Toxic Substances Control for an amount not to exceed $76,934 to provide oversight of environmental remediation of the Westside T it - Oriented Development (WI-TOD)/Paradise Creek Park project site through Augus- '20. PASSED and ADOPTED this 19th day of Fe a ; 201/' Al• andra `•t: o-'isor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Attorney Passed and adopted by the Council of the City of National City, California, on February 19, 2019 by the following vote, to -wit: Ayes: Councilmembers Cano, Morrison, Quintero, Rios, Sotelo-Solis. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: ALEJANDRA SOTELO-SOLIS Mayor of the City of National City, California MICHAEL R. DALLA City Clerk of the City of National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2019-18 of the City of National City, California, passed and adopted by the Council of said City on February 19, 2019. City C ational City, California I rk of the City of N By: Deputy CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT ezvl/- 3 MEETING DATE: February 19, 2019 AGENDA ITEM NO. 8 "EM TITLE: Resolution of the City Council of the City of National City authorizing the City Manager to execute Standard Agreement No. 18-T4572 with the California Department of Toxic Substances Control (DTSC) for an amount not to exceed $76,934 to provide oversight for environmental remediation of the Westside Transit -Oriented Development (WI-TOD) / Paradise Creek Park project site. PREPARED BY: Roberto Yano — Deputy City Engineer. DEPARTMENT: Public orks ngineeri PHONE: 1619-336-4383APPROVED BY: EXPLANATION: The Department of Toxic Substances Control (DTSC) is a qualified State environmental regulator that has been working with the City of National City and former redevelopment agency to provide oversight for environmental remediation planning and implementation services for the Westside Transit -Oriented Development (WI-TOD) / Paradise Creek Park project. The previous agreement with DTSC expired on August 31, 2018. With the project currently in construction, additional funds are needed to allow DTSC to continue to provide technical assistance and environmental oversight of remediation efforts. Therefore, staff requests that City Council authorize the City Manager to execute a new agreement with DTSC in a not to exceed amount of $76,934. The term of the agreement is through August 31, 2020. Funding is available through the Recognized Obligation Payment Schedule (ROPS) for fiscal years 2019 and 2020. FINANCIAL STATEMENT: ACCOUNT NO. 711-409-000-213-000 APPROVED:__/L7.7-77.1. Finance APPROVED: MIS ROPS funding of $72,150 is authorized for FY 2019. The remaining $4,784 is included in the FY 2020 ROPS. ENVIRONMENTAL REVIEW: The Agreement is not subject to environmental review. ORDINANCE: INTRODUCTION: J FINAL ADOPTION: STAFF RECOMMENDATION: Adopt Resolution authorizing the City Manager to execute Standard Agreement No. 18-T4572 with DTSC to provide oversight for environmental remediation of the Paradise Creek Park Project site. BOARD / COMMISSION RECOMMENDATION: Not Applicable. ATTACHMENTS: 1. Standard Agreement No. 18-T4572 2. Resolution kI so lwhiv. 7w- Department of Toxic Substances Control Jared Blumenfeld Secretary for Environmental Protection February 5, 2019 City of National City Leslie Deese, City Manager 1243 National City Boulevard National City, CA 91950 Meredith Williams, Ph.D. Acting Director 1001 "I" Street P.O. Box 806 Sacramento, California 95812-0806 Subject: Contract Number 18-T4572 Dear Leslie Deese.: Gavin Newsom Governor The Department of Toxic Substances Control appreciates the opportunity to work with your agency. Enclosed is the Reimbursement Contract Number 18-T4572, developed per your request for your approval and signature. Instructions and additional requirements are outlined below: Per the terms of the Contract, please submit two (2) original copies, signed in blue ink, of the Standard 213 face sheet only to: Darcy Christoffersen Department of Toxic Substances Control Contracts Unit P.O. Box 806, 1001 I Street, Floor 21 Sacramento, CA 95812-0806 Per the terms of the Contract, please send your check in the amount of $38,467.00 for advance payment to: Ms. Mabel Tsing Department of Toxic Substances Control Accounting Section P.O. Box 806, 1001 I Street, Floor 21 Sacramento, CA 95812-0806 For program matters, please contact the Contract Manager whose name and phone number is listed in your original Contract. If you have any other questions, please contact me at (916) 323-0245. Sincerely, DarcyyChrlstoffersem Contracts Unit Enclosure(s) -1- CC: Michael Bobenko, DTSC Mustapha Guerbaz, DTSC Robert Yano, City of National City -2- STATE OF CALIFORNIA - DEPARTMENT OF GENERAL SERVICES STANDARD AGREEMENT STD 213 (Rev. 10/2018) AGREEMENT NUMBER 18-T4572 PURCHASING AUTHORITY NUMBER (If Applicable) 1. This Agreement is entered into between the Contracting Agency and the Contractor named below: C^A1TDACTING AGENCY NAME [ ment of Toxic Substances Control CONTRACTOR NAME City of National City 2. The term of this Agreement is: START DATE September 1, 2018 THROUGH END DATE August 31, 2020 3. The maximum amount of this Agreement is: $76,934.00 4. The parties agree to comply with the terms and conditions of the following exhibits, which are by this reference made a part of the Agreement. EXHIBITS TITLE PAGES Exhibit A Scope of Work 9 Exhibit B Budget Detail and Payment Provisions 3 Exhibit C * General Terms and Conditions 04/2017 Exhibit D Special Terms and Conditions 1 SITE: National City Public Work Yard-Parkside Items shown with an asterisk (*), are hereby incorporated by reference and made part of this agreement as if attached hereto. 7 ocuments can be viewed at www.dgs.ca.gov/o!s/resources/standardcontractfanguage.aspx II VESS WHEREOF, THIS AGREEMENT HAS BEEN EXECUTED BY THE PARTIES HERETO. CONTRACTOR CONTRACTOR NAME (if other than an individual, state whether a corporation, partnership, etc.) City of National City CONTRACTOR BUSINESS ADDRESS 1243 National City Boulevard PRINTED NAME OF PERSON SIGNING Leslie Deese CITY National City STATE CA ZIP 91950 TITLE City Manager CONTRACTOR AUTHORIZED SIGNATURE DATE SIGNED -3- Page 1 of 2 STATE OF CALIFORNIA - DEPARTMENT OF GENERAL SERVICES STANDARD AGREEMENT STD 213 (Rev. 10/2018) AGREEMENT NUMBER , 18-T4572 PURCHASING AUTHORITY NUMBER (If Applicable) STATE OF CALIFORNIA CONTRACTING AGENCY NAME Department of Toxic Substances Control CONTRACTING AGENCY ADDRESS 1001 I Street, P.O. Box 806 - CITY Sacramento STATE CA ZIP 95812 PRINTED NAME OF PERSON SIGNING Jessica Heinz TITLE Procurement & Contracting Officer CONTRACTING AGENCY AUTHORIZED SIGNATURE DATE SIGNED CALIFORNIA DEPARTMENT OF GENERAL SERVICES APPROVAL EXEMPTION (If Applicable) Exempt per DGS Exemption Letter 40.06 -4- Page 2 of 2 The City of National City Contract No. 18-T4572 Exhibit A - Page 1 of 9 EXHIBIT A 1. The City of National City (Applicant), agrees to reimburse the Department of Toxic Substances Control (DTSC) for costs incurred in providing review, consultation and/or processing, including the removal of the Lead impacted soil in National City Public Works Yard-Parkside (Site). The term of this Contract is through August 31, 2020 for an amount not to exceed $76,934.00. This Contract may be amended in writing upon mutual agreement. 2. The Applicant Representative during the term of this Contract will be: Applicant Representative/Billing Information Leslie Deese City Manager City of National City 1243 National City Boulevard National City, CA 91950 Phone: (619) 336-4255 Fax: (619) 336-4286 Email: ldeese(a,nationalcityca.gov The DTSC Project Manager and Applicant Project Manager for this Contract will be: DTSC Project Manager Mustapha Guerbaz Senior Hazardous Substance Engineer Department of Toxic Substances Control 5796 Corporates Avenue Cypress, CA 90630 Phone: (714) 484-5381 Fax: (714) 484-5438 Email: mustapha.querbazdtsc.ca.gov Applicant Project Manager Robert Yano Deputy City Engineer City of National City 1243 National City Boulevard National City, CA 91950 Phone: (619) 336-4255 Fax: (619) 336-4286 Email: ryano(a�nationalcityca.gov 3. The above Managers/Representatives may be changed at any time upon written notification to each party with a copy to DTSC's Contracts Unit. -5- • 0-- - I • %, t 06 0 H 0 (/) uJ < • < Z 1-1-1 - < - Z • Lij in 2 CC a- < 0 W > UJLU a 2 z UJH 0_ 0 >- 16 UJ CC 5. >uJ LU o • 0 W 1Y 0_ 0 0 The City of National City Contract No. 18-T4572 Exhibit A - Page 3 of 9 B. PROPERTY DESCRIPTION FOR EACH INCLUDED PROPERTY Property Name, Location Site Description Site History National City Public Works Yard 2100 Hoover Avenue National City, California San Diego County Assessor's Parcel Numbers (APNs) 559 124 05, 560-396-06, and 560- 396-08. Owned by: City of National City The Site is the "Facility -side" property of the National City Public Works Yard, located in an area of National City that is known as the Westside Neighborhood. The Public Works Yard is made up of two separate areas, designated as the "Facility -side" and the "Park -side" properties. The Facility -side property consists of an approximate 4.6- acre vehicle and equipment maintenance facility that is located on the east side of Paradise Creek. The City has operated a _ public works yard at 2100 Hoover Avenue since 1973 when it acquired the . .. _... _ _ property. Prior to the date of acquisition, the subject property was undeveloped. The City is planning to relocate its public works yard and redevelop the subject property to include residential homes. To assess whether chemicals of concern have been released to the environment as a result of historic land use practices, the City has completed multiple environmental studies including a Phase I Environmental Site Assessment (ESA) and Phase II Site Investigation (SI). In consideration of the City's intended redevelopment plans, DTSC worked with the Agency to conduct additional investigations to determine steps needed to ensure a safe development. It was determined that soil in the Parkside project is impacted with Lead. The City, via a RAW, will remove the contaminated soil and replace it with a clean imported fill. Note: This table was prepared by M. Tasnif-Abbasi on 7/6/2011 -7- C. REMEDIATION OVERSIGHT - City of National City REDEVELOPMENT PROJECT The scope of work under this Oversight Agreement may include, but not be limited to, the tasks described in this exhibit. Please note that the scope of work may be modified based on Agency and Department discussions. Task 1. Supplemental Removal Action Workplan (RAW) The National City Redevelopment Agency (Agency) submitted of a Supplemental Removal Action Workplan (Supplemental RAW) in June 2018, consistent with the attached Schedule, for review and approval by DTSC. This Supplemental RAW included the removal of the Lead impacted soil in Paradise Creek Park and the placement of a 2 to 3 feet of clean imported fill as a cover for the entire Site before construction of the park. Supplemental site investigation activities have concluded that the Park -Side of the project is impacted with concentrations of lead in the upper 3 to 6 feet. This soil horizon is characterized with undocumented fill soil that was imported on -site during the 1960s. The origin of the fill soil is unknown. Preliminary calculations estimate that as much as 25,000 tons of soil may be impacted with lead that would likely be handled as a California Hazardous Waste. In consideration of the volume of lead impacted soil as well as its classification, it is estimated that approximately 1,100 trucks will be used to haul the impacted soil to an approved facility in Arizona over a period of approximately 80 to 100 working days. It is anticipated that the cap will consist of clean imported soil that will be tested for chemical constituents in accordance with DTSC Advisory for Clean Imported Fill Soil. The Supplemental RAW document addresses the following: (a) a description of the site, site history, site environmental setting, and contamination; (b) a summary of the risk evaluation conducted, (c) current and contemplated land uses of the Property or group of Properties; (d) zoning and general plan designation of the Property or group of Properties; (e) the goals to be achieved by the cleanup; (f) a summary description of the feasibility study conducted; (g) a description of the recommended alternative (including any required and/or suggested land use covenants, an operation and maintenance agreement and plan, financial assurance and other operation and maintenance requirements, as appropriate); (h) implementation and enforcement plan if operation and maintenance requirements are identified or if a land use covenant is necessary; -8- (i) The City of National City Contract No. 18-T4572 Exhibit A - Page 5 of 9 the name of the party, if not the Agency, who will be responsible for implementing and operating the final remedy, including any remedy requiring a startup operation period; and (1). an administrative record list. Within sixty (60) days of DTSC's written approval of the final Supplemental RAW, DTSC will acknowledge, in writing, that upon proper completion of the final RAW, the immunity provided by Health and Safety Code section 33459.3(b) shall apply to the Agency. TASK 2. California Environmental Quality Act (CEQA) DTSC and the Agency will discuss what CEQA documents are necessary and who shall prepare the necessary CEQA documents, as well as the appropriate Lead Agency and Responsible Agency under the CEQA process. DTSC and the Agency will work together to ensure that the proposed environmental document contains the information necessary for the Agency and DTSC to evaluate impacts from the proposed remediation. It is the goal of both DTSC and the Agency that the CEQA document be used by both entities in meeting their respective obligations under CEQA. If, however, for reasons specific to the Project, the processes cannot be efficiently combined, then DTSC will prepare its own CEQA document for the Supplemental RAW. If required, the Agency shall submit the information necessary for DTSC to prepare this document. TASK 3. Implementation of Final Supplemental RAW Subject to the provisions of Section 5 of the Standard Provisions concerning endangerment during implementation, nothing herein will require the Agency to proceed with implementation of the Supplemental RAW with respect to any Property or group of Properties if it determines not to do so. The Agency will provide DTSC with written notice of the Agency's decision to either implement or not implement the Final Supplemental RAW. Upon DTSC approval of the Supplemental RAW, if the Supplemental RAW incorporates the schedule, and if the Agency decides to proceed with the removal action at a Property or group of Properties, the Agency will implement or will direct the implementation of the approved final Supplemental RAW, as applicable, in accordance with the approved schedule. At the completion of field work, the Agency (or such other party conducting the remediation or other response or removal actions with respect to a Property or group of Properties) will submit a final Implementation Report discussing the work completed and noting any deviations from the approved plan. Within 60 days of the date DTSC finds that the removal action has been properly completed in accordance with the Final Supplemental RAW, DTSC will notify the Agency, in writing, that the immunity provided by Health and Safety Code section 33459.3, subdivision (c) is in effect. This immunity extends to other such parties entitled to immunity pursuant to Health and Safety Code Section 33459.3(e). In the event that Operation and Maintenance is required, the Parties agree that the immunity provided by Health and Safety Code section 33459.3(e) shall be expressly conditioned upon the satisfactory -9- performance of all responsibilities pursuant to Task 11 of this Agreement. In the event that DTSC finds that the remedy is not functioning properly and successfully, and performing as designed, or that the remedy will not attain the final performance standards or cleanup goals specified in the final Supplemental RAW, Cleanup Plan, DTSC will, as soon as administratively feasible, notify the Agency. TASK 4. Changes During Implementation of the Final Supplemental RAW If during implementation of the final Supplemental RAW, DTSC determines that additions, modifications or revisions to such document may be necessary to protect human health and safety or the environment or to implement the final Supplemental RAW, DTSC will, as soon as administratively feasible, notify the Agency and the parties will determine the appropriate revisions to such document; provided, however, and subject to the provisions of Sections 5 and 23 of the Standard Provisions concerning endangerment during implementation, nothing herein will require the Agency to continue to proceed with the implementation of the modified Supplemental RAW with respect to a Property or group of Properties if it determines not to do so. The Agency and DTSC shall identify contact personnel so that any necessary changes during implementation that may be required as a result of field conditions can be resolved, if possible, through telephone communications or on -site meetings in order to achieve "real-time" decision making and avoid construction delays. The accelerated approach set forth in the Supplemental RAW requires rapid decision making based on field data and analysis. TASK 5. Public Participation The Agency and DTSC will conduct appropriate public participation activities given the nature of the community surrounding the Property or group of Properties and the level of community interest. The Agency will work cooperatively with DTSC to ensure that the affected and interested public and community are involved in the decision -making process applicable to the clean-up of the Property or group of Properties, taking into account the Agency's existing public participation capabilities and procedures. DTSC and the Agency will strive to integrate the public participation activities associated with the Supplemental RAW with the public participation activities associated with the development of the Properties or group of Properties to the maximum extent possible. A scoping meeting may be held to determine the appropriate activities that will be conducted to address public participation. If necessary, the Agency will then prepare a public participation plan for the Property or group of Properties that describes the proximity of homes and/or schools, day care facilities, churches, and similar uses; the current and proposed land uses within and adjacent to the Property or group of Properties; media interest; and involvement of community groups and elected officials. The plan shall also include a mailing list, identify appropriate information repositories, and specify the public participation activities that the Agency will undertake to provide opportunities for public involvement in site -related decisions. The Agency and DTSC will evaluate whether a fact sheet and public notices are necessary, as well as their content, distribution and circulation, and whether a public meeting is appropriate depending on the -10- The City of National City Contract No. 18-T4572 Exhibit A - Page 7 of 9 circumstances and the nature of the remedial or removal action, as well as any other public participation procedures. More specifically, the Agency shall collaborate with DTSC to consider undertake the following public participation activities to ensure active public participation in the Project: A. Assessment of Community Interest: The Parkside Creek Park (Project) is of high public interest to the community. Creation of additional affordable housing uses, and removal of blighting conditions are a key component of the Redevelopment Plan for this portion of National City. B. Participation of Other Stakeholders: The Project was initiated by the Agency, relying on its authority under the Polanco Redevelopment Act and the Community Redevelopment Law of the Health and Safety Code. Ultimately, the Project will require approval at various levels of municipal government, and the Agency will, in furtherance of its statutory duties, conduct further Public Participation activities as described herein. C. Approval of Project Activities: Approval of Project activities has been and continues to be taken by the Agency's Board of Commissioners, a seven - member body created under provisions of the California Community Redevelopment Law. Agendas for meetings of the Commission are published in advance and actions are taken in public session. Most actions of the Agency are also reviewed and approved by the full City Council, and the Mayor. D. Assignment of Agency Community Affairs Specialist: Public outreach for activities to be undertaken under the approved PMP will be assigned a coordinator who will coordinate as necessary with DTSC and be responsible for liaison with appointed and elected citizen participation groups and dissemination of information to adjoining property owners, businesses, and tenants. The Agency will coordinate with DTSC on public relations activities as necessary. E. Preparation and Distribution of Fact Sheet: The Agency shall prepare a Fact Sheet on the environmental conditions found at the site, and the cleanup activities proposed to be undertaken under the Supplemental RAW, for presentation to and approval by DTSC. This fact sheet will identify Agency and DTSC contact persons who can provide additional information on the cleanup activities proposed and will identify how interested parties can provide public comment on the proposed cleanup activities. The Fact Sheet will be distributed to the contacts listed in Section F, Task 11 of this Agreement. F. Document Depository: The Agency shall establish and maintain a public depository of the Supplemental RAW and its supporting implementation plans for review by the public and shall include notice of the availability of the -11- depository in the Fact Sheet and any public notices on cleanup plan activities. Project documents will also be maintained on the Agency's web site. G. Notices of Project Activities: The Agency shall provide notices of Project activities at key points in the implementation of the Supplemental RAW and its associated redevelopment project: 1. Thirty -days prior to start of physical activities at the site (additional environment investigation and cleanup activities as set forth in the Supplemental RAW) 2. During cleanup activities, if material changes in scope or duration occur after the original notices. 3. Upon completion of work and issuance of the DTSC Certificate of Completion or No Further Action Letter. Information notices will be distributed as follows: 1. The Project Area Citizen Advisory Committee. The CAC for the Project Area is the official advisory body for redevelopment activities. It consists of appointed community residents and business representatives. 2. Neighborhood Council, as needed 3. List of persons wishing to be kept informed. The Agency maintains an official mailing list of persons expressing interest in being kept informed of Agency activities and will mail or email the notices of Project activities to each person on the list. 4. Owners, businesses, and tenants within 500 feet of the Project site. The Agency will mail notices to all owners of record and will hand -deliver notices to each business and tenant, with 500 feet of the Project site. 5. Signage. Prior to the start of any investigation or cleanup activity, The Agency shall place a sign on the Project site, noticing the activity and providing contact information. H. Additional Project Meetings as Needed. Depending on community reaction and comment to the Project activities listed above, additional meetings may be convened to provide opportunities for additional input into the cleanup activities proposed for the Project. TASK 6. Land Use Covenant If required pursuant to California Code of Regulations, title 22, section 67391.1, the Parties agree that the final Supplemental RAW will contain a requirement for a land use covenant imposing appropriate limitations on land use when hazardous substances, hazardous materials, hazardous constituents or hazardous wastes will remain at the Property or group of Properties at levels that are determined by DTSC as not suitable for unrestricted use of the land. If DTSC determines a land -12- The City of National City Contract No. 18-T4572 Exhibit A - Page 9 of 9 use covenant is necessary, the Agency agrees to sign and record a land use covenant approved by DTSC, or if the Agency is not the Property Owner, the Agency will arrange for the Property Owner to sign and record the land use covenant approved by DTSC. The land use covenant must be recorded in the County where the land is located prior to DTSC's determination that a remedial or removal action has been properly completed in accordance with the final Remedial Action Plan or Cleanup Plan for a Property or group of Properties. TASK 7. Operation and Maintenance (O&M) The Agency will comply with, or arrange for compliance with, all operation and maintenance (O&M) requirements or other institutional control measures, in accordance with the final Supplemental RAW. The Agency shall designate in the final Supplemental RAW the parties that will enter into an O&M Agreement, or otherwise be responsible for compliance with all O&M requirements, prior to certification of the Property or group of Properties. Compliance with any applicable O&M Agreement, and any land use covenant or other institutional control measures, must be included as a requirement for any new owner/lessee in a purchase and sale agreement for the Property or group of Properties. Any party that is responsible for O&M shall notify DTSC of any transfer of operation and maintenance responsibilities at least 30 days prior to such transfer. DTSC may, at its discretion, require the transferee to enter into a new O&M Agreement. -13- The City of National City Contract No. 18-T4572 Exhibit B - Page 1 of 3 EXHIBIT B BUDGET DETAIL AND PAYMENT PROVISIONS A. Applicant agrees to reimburse DTSC for all costs incurred by DTSC pursuant to this Contract. The Cost Estimate is attached and incorporated by this reference and is included as the Budget for this Contract. DTSC's Cost Estimate shall include all of its costs, both direct and indirect. The hourly rates utilized in the development of any cost estimate shall reflect DTSC's current hourly rates. These hourly rates are adjusted each Fiscal Year to allow DTSC to recover its costs. Applicant is responsible for any increases in the direct and indirect rates and agrees to reimburse DTSC for these cost increases. B. Applicant agrees to pay to DTSC an advance payment based upon DTSC's estimate of the costs it may incur in performing its duties under this Contract. The advance payment amount is equal to: (1) if the term of the Contract is six months or more, then DTSC's estimated costs of services for six months, or (2) if the term of the Contract is less than six months, then for the entire amount of the Contract. C. The total amount of this Contract is $76,934.00. Applicant shall pay the advance payment in the amount of $38,467.00 within 30 calendar days of the Effective Date of this Contract. Applicant shall submit all payments to: Attention: Ms. Mabel Zhan Department of Toxic Substances Control Accounting 1001 I Street, 21st Floor P.O. Box 806 Sacramento, California 95812-0806 D. All payments to DTSC shall indicate Contract Number 18-T4572 and Project Number 401294-11. Copies of checks and letters transmitting such checks shall be sent simultaneously to DTSC's Project Manager. E. In the event the advance payment is_less than 100% of the Cost Estimate, it shall be retained in the Applicant's Account. DTSC shall bill the Applicant with quarterly invoices which contain an accounting and supporting documentation of all expenditures during the previous quarter. Once work is completed, final invoices will be provided to Applicant as soon possible, generally within 60 calendar days of the close of the quarterly billing cycle following completion of the work. Applicant shall remit the total amount due within 30 calendar days of the date of the quarterly invoice. DTSC shall hold the advance payment until the Contract is completed or terminated. Any remaining charges shall then be applied against the advance, and any unused advance payment will be refunded within 120 calendar days of the completion of the project. F. If Applicant cancels the Contract, then Applicant agrees to pay DTSC a minimum fee of $1,000.00 out of the advance, regardless of the amount of work or services performed by DTSC under the terms of the Contract. If DTSC incurs more than $1,000.00 in costs, then -15- The City of National City Contract No. 18-T4572 Exhibit B - Page 2 of 3 Applicant will be responsible for the actual direct and indirect costs incurred or encumbered by DTSC, from the Contract starting term date up to the date "notice of cancellation" is received by DTSC, without any additional fee. G. The amount advanced by Applicant may be modified by mutual contract in writing should the services provided by DTSC exceed its original estimated costs. Upon execution of an Amendment to the Scope of Work that increases the original cost, Applicant agrees to pay any additional advance payment to DTSC for such newly agreed upon work. H. Any dispute concerning DTSC's costs incurred pursuant to this Contract is subject to the dispute resolution procedures established pursuant to Health and Safety Code section 25269.2. DTSC reserves its right to recover unpaid costs under applicable State and Federal laws. -16- The City ational City Contract No. 18-T4572 Exhibit B - Page 3 of 3 Cost Estimate: COST ESTIMATE WORKSHEET Type of Agreement: Consultative Reimbursement Agreement Date: 01/31/2019 Site Name: National City Public Works Yard ParkSide Site Code: 401294-11 DTSC Project Team VCP Coord. Project Management Supervision Toxicclogy Geology Industrial Hygienist HQ Engineering Public Participation HQ CEQA Legal Project Assistants Classification (personnel) Sr. ES HSE Sr. ES (Sup) Staff Toxicologist Senior Engineering Geologist Sr. HSE PPS Environmental Planner Associate Program Analyst Office Technician (Typing) TASK: (enter # hrs) Agreement Prep./Negotiation 4 1 4 Project Management 60 Tribal Outreach Supplemental Site Characterization - Workplan - Implementation - Report OPEA Consultation 4 Public Participation 16 CEQA Supplemental Removal Action Workplan 16 8 8 16 16 2 Implement Remeval Action 60 8 8 8 8 8 Meeting Project Managers 8 8 2 2 4 Certification 4 1 1 Land Use Covenant 16 2 8 1 Operation & Maint 4 2 Total No. Hours/Class 4 184 30 18 26 0 24 12 4 8 4 4 Hourly Rate/Class $249 $224 $249 $223 $256 $0 $256 $146 $189 $0 $146 $88 Cost/Class $996 $41,216 $7,470 $4,014 $6,656 $0 $6,144 $1,752 $756 $0 $584 $352 Subtotal $69,940 Contingency (10%) $6,994 Grand Total Cost $76,934 Advance Payment $38,467 EXHIBIT D SPECIAL TERMS AND CONDITIONS 1. Contract Limits The City of National City Contract No. 18-T4572 Exhibit D - Page 1 of 1 Other than as specified herein, no document or communication passing between the parties shall be deemed a part of this Contract. 2. Entire Contract This Contract supersedes all prior agreements, oral or written, made with respect to the services provided herein. 3. Effective Date This Contract shall not be considered effective until it is signed by both parties, and if necessary, approved by the Department of General Services. 4. Counterparts This Contract may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 5. Authorization Each signatory to this Contract certifies that he or she is fully authorized by the Party he or she represents to enter into the terms and conditions of this Contract, to execute it on behalf of the party represented, and to legally bind that party to all the terms and conditions of this Contract. -18- RESOLUTION NO. 2019 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE STANDARD AGREEMENT NO. 18-T4572 WITH THE CALIFORNIA DEPARTMENT OF TOXIC SUBSTANCES CONTROL FOR AN AMOUNT NOT TO EXCEED $76,934 TO PROVIDE OVERSIGHT OF ENVIRONMENTAL REMEDIATION OF THE WESTSIDE TRANSIT -ORIENTED DEVELOPMENT (WI-TOD)/PARADISE CREEK PARK PROJECT SITE THROUGH AUGUST 31, 2020 WHEREAS, the Department of Toxic Substances Control (DTSC) is a qualified State environmental regulator that has been working with the City of National City and former redevelopment agency to provide oversight for environmental remediation planning and implementation services for the Westside Transit -Oriented Development (WI-TOD)/Paradise Creek Park project (the "Project"); and WHEREAS, the previous Agreement with DTSC expired on August 31, 2018, necessitating a need for a new agreement; and WHEREAS, Standard Agreement No. 18-T4572 with DTSC, in a not to exceed amount of $76,934 and expiring on August 31, 2020, provides for technical assistance and environmental oversight of remediation efforts for the Project through August 31, 2020. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves and authorizes the City Manager to execute Standard Agreement No. 18-T4572 with the California Department of Toxic Substances Control for an amount not to exceed $76,934 to provide oversight of environmental remediation of the Westside Transit - Oriented Development (WI-TOD)/Paradise Creek Park project site through August 31, 2020. PASSED and ADOPTED this 19th day of February, 2019. Alejandra Sotelo-Solis, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney <491:VhATEU AU CITY OF NATIONAL CITY Office of the City Clerk 1243 National City Blvd., National City, California 91950-4397 619-336-4228 Michael R. Dalla, CMC - City Clerk CA DEPARTMENT OF TOXIC SUBSTANCES CONTROL (DISC) Standard Agreement No. 18-T452 Environmental Remediation Oversight of the Westside Transit -Oriented Development (WI-TOD) / Paradise Creek Park DTSC has a copy of the Standard Agreement; they mailed one (1) fully executed original Agreement to the City Manager and it is on file with the City Clerk.