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HomeMy WebLinkAboutCDC/2009-01 1 2 3 4 5 6 7 8 9 RESOLUTION NO. CDC/2009-1 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING THE INTERIM EXECUTIVE DIRECTOR OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO ("AGENCY") TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE AGENCY AND BRYAN A. STIRRAT & ASSOCIATES FORBROWNFIELDS INVENTORY AND PRIORITIZATION/SELECTION CRITERIA FOR SITES TO RECEIVE FUTURE ENVIRONMENTAL EVALUATION (THE AREA BOUNDED BY NINTH STREET TO MILL STREET AND PEPPER STREET TO TIPPECANOE AVENUE) WHEREAS, the Redevelopment Agency of the City of San Bernardino (the "Agency"), is a public body, corporate and politic existing under the laws of the State of California, Health and 10 Safety Code 33100, and is charged with the mission of redeveloping blighted and underutilized 11 land; and 12 13 14 WHEREAS, it is the Agency's mission to eliminate physical and social blight; and WHEREAS, to fulfill its mission, the Agency needs to identify toxic contaminated land for future development; and 15 16 WHEREAS, a Brownfields site is defined by federal Environmental Protection Agency (EP A) as an abandoned, idle, or under-used industrial or commercial facility where expansion or 17 redevelopment is complicated by real or perceived environmental contamination; and 18 19 WHEREAS, on October 12, 2007, the Agency applied for two (2) EPA Brownfields Community Assessment Grants: one (1) for petroleum and one (1) for hazardous substances; and 20 21 WHEREAS, the goal of the EP A grant is to identify and address environmental contamination issues so that Brownfields properties can be readied for reuse and redevelopment; 22 and 23 24 WHEREAS, in May 2008, the Agency was notified that it was successful in the grant process and on August 20, 2008, the Agency signed the Notice of Grant Award for a grant total of 25 $400,000; and 26 27 WHEREAS, the Agency has until October 30, 2011, to complete all work-plan tasks and reporting requirements as outlined in the Grants; and 28 1 P:\Agendas\Resolutions\Resolulions\2009\Ol_05_09 Bryan S!;rral - Professional Services Agreemenl CDC Reso.doc CDC/2009-1 1 WHEREAS, on December 4, 2008, the Agency Staff recommended to the Redevelopment 2 Committee that a professional services agreement ("Agreement") be entered into with Bryan A. 3 Stirrat & Associates ("Consultant") to create a Brownfields inventory and prioritization/selection 4 criteria for sites to receive future environmental evaluations; and 5 WHEREAS, the Agency Staff recommends to the Community Development Commission of 6 the City of San Bernardino ("Commission") to approve and authorize the Interim Executive Director 7 to sign said Agreement. 8 NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF THE 9 CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE, AND ORDER, AS 10 FOLLOWS: 11 Section 1. The Commission hereby approves and authorizes the Interim Executive 12 Director of the Agency to execute an Agreement with the Consultant on behalf of the Agency, 13 together with any technical and conforming changes as may be recommended by the Interim 14 Executive Director of the Agency and approved by the Agency Counsel. 15 Section 2. This Resolution shall take effect from and after its date of adoption by this 16 Commission. 17 1/1 18 /II 19 /II 20 /II 21 1/1 22 /II 23 /II 24 /II 25 /II 26 /II 27 /II 28 /II 2 P:\Agendas\Resolution,\Re,olutions\2009\OI_OS_09 Bryan Stirrat-Prof essionaIServicesAgreementCDCRe,o.doc 1 2 3 4 5 6 7 CDC/2009-1 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING THE INTERIM EXECUTIVE DIRECTOR OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO ("AGENCY") TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE AGENCY AND BRYAN A. STIRRAT & ASSOCIATES FOR BROWNFIELDS INVENTORY AND PRIORITIZATION/SELECTION CRITERIA FOR SITES TO RECEIVE FUTURE ENVIRONMENTAL EVALUATION (THE AREA BOUNDED BY NINTH STREET TO MILL STREET AND PEPPER STREET TO TIPPECANOE AVENUE) 8 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Community 9 Development Commission of the City of San Bernardino at a joint regular ~~ Secretary"" - 21 The foregoing Resolution is hereby approved this ~ '" day of January 22 23 24 meeting day of January , 2009, by the following vote to wit: Aves Navs Abstain Absent x x -"--- x x x , 2009. orris, Chai on om ity Development Commission of the City of San Bernardino 25 26 Approved as to Form: 27 By: (/~( /~;L Agency Cou e 28 3 P:\Agenda,\Resolutions\Re,oIUlions\2009\Ol_OS-09 Bryan Stirrat-Prof essional Service, Agreement CDC Resodoc CDC/2009-1 REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AGREEMENT FOR PROFESSIONAL SERVICES This AGREEMENT FOR PROFESSIONAL SERVICES (the "Agreement") is made and entered into as of December I, 2008 by and between the REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO ("Agency"), a public body, corporate and politic, and Bryan A. Stirrat & Associates, ("Consultant"). NOW, THEREFORE, IN CONSIDERATION OF THE COVENANTS AND MUTUAL PROMISES CONTAINED HEREIN AND FOR SUCH OTHER GOOD AND VALUABLE CONSIDERATION, THE RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED, THE PARTIES HERETO AGREE AS FOLLOWS: I. SUPERVISION OF CONSULTANT. The Agency Staff designated in Exhibit "A" shall be responsible for the direction of any work to be performed by the Consultant and any other consultants or subconsultants to the Agency under this Agreement. The Consultant shall not undertake any work under the terms of this Agreement, unless instructed to do so by one ofthe designated staff members. No other staff member is authorized by the Agency to request services from the Consultant. 2. TERM OF AGREEMENT. The term of this Agreement shall commence on the date first appearing in this Agreement and will terminate upon the completion of the services described in the Scope of Services as referenced in Section 3, unless earlier terminated as provided in this Agreement. The Agency reserves the right through the actions of the Interim Executive Director to terminate this Agreement at anytime either with or without cause and at the sole convenience of the Agency upon delivery of notice of termination to the Consultant; provided, however, that upon the effective date of any such termination, the Agency shall be responsible to pay and/or reimburse the Consultant for all services, materials and supplies as may have been furnished to the Agency in accordance with the Scope of Services as referenced in Section 3. 3. SCOPE OF CONSULTANT SERVICES. The Agency hereby retains the Consultant to provide the professional consulting services set forth in the Scope of Services attached hereto as Exhibit ~'B" and incorporated herein by this reference. The Consultant hereby agrees to perform the work set forth in the Scope of Services, in accordance with the terms of this Agreement. The Consultant shall perform the services as set forth on said Scope of Services within the time periods to be identified by the appropriate Agency representative. CDC/2009-1 4. PAYMENT BY AGENCY FOR WORK PERFORMED BY CONSULTANT. A. The Agency shall compensate the Consultant in an aggregate amount not to exceed $60,000 for completion of the services described in the Scope of Services set forth in Exhibit "B." B. The compensation designated in subsection 4. A. shall be the Total Fee for the performance of the work and the delivery of the final work product materials, as set forth in the Scope of Services. The Total Fee shall include, but not be limited to, the salaries of all subcontractors retained by the Consultant and all employees of the Consultant to perform work pursuant to this Agreement and shall be inclusive of all costs and expenses incurred for mileage, travel, graphics, telephone, printing, fax transmission, postage, copies and such other expenses related to completion of the work set forth in the Scope of Services. C. The Consultant shall invoice the Agency for work performed by the Consultant under this Agreement each calendar month during the term of this Agreement. D. The Consultant shall submit invoices under this Agreement to: Redevelopment Agency of the City of San Bernardino Attention: Kathleen Robles, Project Manager 201 North "E" Street, Suite 301 San Bernardino, California 9240 I E. Each invoice of the Consultant shall set forth the time and expenses of the Consultant incurred in performance of the Scope of Services, during the period of time for which the invoice is issued. Each invoice of the Consultant shall clearly set forth the names of the individual personnel of the Consultant and any individual subconsultants utilized by the Consultant, during the time period covered by the invoice, a description of the professional services rendered on a daily basis by each named individual during such time period, the respective hourly rates of each named individual and the actual time expended by each named individual. Each invoice of the Consultant shall be accompanied by copies of all third party invoices for other direct costs incurred and paid by the Consultant during such time period. The Agency shall pay all amounts set forth on the invoices of the Consultant and approved by the authorized Agency Staff personnel who requested the services, within thirty (30) days after such approval. I. RECORDS RETENTION. Records, maps, field notes and supporting documents and all other records pertaining to the use of funds paid to the Consultant hereunder shall be retained by the Consultant and available to the Agency for 2 CDC/2009-1 examination and for purposes of performing an audit for a period of five (5) years from the date of expiration or termination of this Agreement or for a longer period, as required by law. Such records shall be available to the Agency and to appropriate county, state or federal agencies and officials for inspection during the regular business hours of the Consultant. If the Consultant does not maintain regular business hours, then such records shall be available for inspection between the hours of 9 a.m. and 5 p.m. Monday through Friday, excluding federal and state government holidays. In the event of litigation or an audit relating to this Agreement or funds paid to the Consultant by the Agency under this Agreement, such records shall be retained by the Consultant until all such litigation or audit has been resolved. 6. INDEMNIFICATION. The Consultant shall defend, indemnitY and hold harmless the Agency, its officers, employees, representatives, and agents from and against any and all actions, suits, proceedings, claims, demands, losses, costs and expenses, including legal costs and attorneys fees, for injury or damage of any type claimed as a result of the negligent acts or omissions of the Consultant, its officers, employees, subcontractors and agents, to the extent arising from or related to negligent performance by the Consultant of the work required under this Agreement. 7. INSURANCE. The Consultant shall maintain insurance, as set forth in Exhibit "C" to this Agreement, throughout the term of this Agreement. The Consultant shall remain liable to the Agency pursuant to Section 6, above to the extent the Consultant is not covered by applicable insurance for all losses and damages incurred by the Agency that are caused directly or indirectly through the actions or inactions, willful misconduct or negligence of the Consultant in the performance of the duties incurred by the Consultant pursuant to this Agreement. 8. OWNERSHIP AND REUSE OF DOCUMENTS AND OTHER MATERIALS AND INFORMATION. All maps, photographs, data, information, reports, drawings, specifications, computations, notes, renderings, designs, inventions, photographs, modifications, adoptions, utilizations, correspondence or other documents generated by or on behalf of the Consultant for performance of the work (collectively, the "Work Products") set forth in the Scope of Services shall upon payment for those services embodying the particular element of the Work Products, become the sole property of the Agency, and the Work Products shall thereafter be delivered to the Agency upon written request from the Agency to the Consultant. The Consultant shall not make use of any maps, photographs, data, information, reports, drawings, specifications, computations, notes, renderings, designs, inventions, photographs, modifications, adoptions, utilizations, correspondence or other documents and other materials whether for marketing purposes or for use with other clients when such have become the property of the Agency without the prior express written consent of the Agency except to the extent that such maps, photographs, data, information, reports, drawings, specifications, computations, notes, renderings, designs, inventions, photographs, 3 CDC/2009-1 modifications, adoptions, utilizations, correspondence or other documents are readily available to the general public as public records pursuant to State law; provided, however, that the Consultant may retain copies of any such items for their business records. The Consultant shall execute, acknowledge, and perform any and all acts which shall reasonably required in order for the Agency to establish unequivocal ownership of the maps, photographs, data, information, reports, drawings, specifications, computations, notes, renderings, designs, inventions, photographs, modifications, adoptions, utilizations, correspondence or other documents and record, register and procure an issuance in or to the Agency's rights, title andlor interest. Any reuse without written verification or adaptation by the Consultant for the specific purpose intended will be at the Agency's sole risk and without liability or legal exposure to the Consultant. 9. PRESS RELEASES. Press or news releases, including photographs or public announcements, or confirmation of the same related to the work to be performed by the Consultant under this Agreement shall only be made by the Consultant with the prior written consent of the Agency. 10. CONFIDENTIALITY OF MATERIALS AND INFORMATION. The Consultant shall keep confidential all reports, survey notes and observations, information, and data acquired or generated in performance of the work set forth in the Scope of Services, which the Agency designates confidential. None of such designated confidential materials or information may be made available to any person or entity, public or private, without the prior written consent of the Agency. I!. DEFAULT AND REMEDIES. A. Failure or delay by any party to this Agreement to perform any material term or provision of this Agreement shall constitute a default under this Agreement; provided, however, that if the party who is otherwise claimed to be in default by the other party commences to cure, correct or remedy the alleged default within seven (7) calendar days after receipt of written notice specifYing such default and shall diligently complete such cure, correction or remedy, such party shall not be deemed to be in default hereunder. B. The party which may claim that a default has occurred shall give written notice of default to the party in default, specifYing the alleged default. Delay in giving such notice shall not constitute a waiver of any default nor shall it change the time of default; provided, however, the injured party shall have no right to exercise any remedy for a default hereunder without delivering the written default notice, as specified herein. 4 CDC/2009-1 C. Any failure or delay by a party in asserting any of its rights or remedies as to any default shall not operate as a waiver of any default or of any rights or remedies associated with a default. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties under this Agreement are cumulative and the exercise by any party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. D. In the event that a default of any party to this Agreement may remain uncured for more than seven (7) calendar days following written notice, as provided above, a llbreach11 shall be deemed to have occurred. In the event of a breach, the injured party shall be entitled to seek any appropriate remedy or damages by initiating legal proceedings. 12. TERMINATION. A. This Agreement may be terminated by either party for any reason by giving the other party fifteen (15) calendar days' prior written notice. The Agency shall pay the Consultant for all work authorized by the Agency and completed, prior to the effective termination date. B. In the event ofa termination of this Agreement under this Section 12, the Consultant shall provide all documents, notes, maps, reports, data or other work product developed in performance of the Scope of Services of this Agreement to the Agency, within ten (10) calendar days of such termination and without additional charge to the Agency. 13. NOTICE. All notices given hereunder shall be in writing. Notices shall be presented in person or by certified or registered United States Mail, return receipt requested, postage prepaid or by overnight delivery by a nationally recognized delivery service to the addresses set forth below. Notice presented by United States Mail shall be deemed effective on the third business day following the deposit of such Notice with the United States Postal Service. This Section 13 shall not prevent the parties hereto from giving notice by personal service or telephonically verified fax transmission, which shall be deemed effective upon actual receipt of such personal service or telephonic verification. Either party may change their address for receipt of written notice by notifYing the other party in writing of a new address for delivering notice to such party. CONSULTANT: Bryan A. Stirrat & Associates 1360 Valley Vista Drive Diamond Bar, CA 91765 Attn: Ira R. Snyder 5 CDC/2009-1 AGENCY: Redevelopment Agency of the City of San Bernardino Attention: Emil Marzullo, Interim Executive Director 201 North "E" Street, Suite 301 San Bernardino, California 92401 14. COMPLIANCE WITH LAW. The Consultant shall comply with all local, state, and federal laws, including, but not limited to, environmental acts, rules and regulations applicable to the work to be perfonned by the Consultant under this Agreement. The Consultant shall maintain all necessary licenses and registrations for the lawful performance of the work required of the Consultant under this Agreement. IS. NONDISCRIMINATION. The Consultant shall not discriminate against any person on the basis of race, color, creed, religion, natural origin, ancestry, sex, marital status or physical handicap in the perfonnance of the Scope of Services of this Agreement. Without limitation, the Consultant hereby certifies that it will not discriminate against any employee or applicant for employment because of race, color, religion, sex, marital status of national origin. Further, the Consultant shall promote affirmative action in its hiring practices and employee policies for minorities and other designated classes in accordance with federal, state and local laws. Such action shall include, but not be limited to, the following: recruitment and recruitment advertising, employment, upgrading and promotion. In addition, the Consultant shall not exclude from participation under this Agreement any employee or applicant for employment on the basis of age, handicap or religion in compliance with State and Federal laws. 16. CONSULTANT AND EACH SUBCONTRACTOR ARE INDEPENDENT CONTRACTORS. The Consultant shall at all times during the perfonnance of any work described in the Scope of Services be deemed to be an independent contractor. Neither the Consultant nor any of its subcontractors shall at any time or in any manner represent that it or any of its employees are employees of the Agency or any member agency of the Agency. The Agency shall not be requested or ordered to assume any liability or expense for the direct payment of any salary, wage or benefit to any person employed by the Consultant or its subcontractors to perfonn any item of work described in the Scope of Services. The Consultant is entirely responsible for the immediate payment of all subcontractor liens. 17. SEVERABILITY. Each and every section of this Agreement shall be construed as a separate and independent covenant and agreement. If any term or provision of this Agreement or the application thereof to certain circumstances shall be declared invalid or unenforceable, the remainder of this Agreement, or the application of such term or provision to circumstances other than those to which it is declared invalid or unenforceable, shall not be affected thereby, and each term 6 CDC/2009-1 and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. 18. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the parties. This Agreement supersedes all prior negotiation, discussions, and agreements between the parties concerning the subject matters covered herein. The parties intend this Agreement to be the final expression of their agreement with respect to the subjects covered herein and a complete and exclusive statement of such terms. 19. AMENDMENT OR MODIFICATION. This Agreement may only be modified or amended by wrirten instrument duly approved and executed by each of the parties hereto. Any such modification or amendment shall be valid, binding and legally enforceable only if in written form and executed by each of the parties hereto, following all necessary approvals and authorizations for such execution. 20. GOVERNING LAW. This Agreement shall be governed by the laws of the State of California. Any legal action arising from or related to this Agreement shall be brought in the Superior Court of the State of California in and for the County of San Bernardino. 21. NON-WAIVER. Failure of either party to enforce any provIsion of this Agreement shall not constitute a waiver of the right to compel enforcement of the same provision or any remaining provisions of this Agreement. 22. ASSIGNMENT. This Agreement may not be assigned by the Consultant without the prior written consent of the Agency. 23. REPRESENTATIONS OF PERSONS EXECUTING AGREEMENT. The persons executing this Agreement warrant that they are duly authorized to execute this Agreement on behalf of and bind the parties each purports to represent. 24. EXECUTION IN COUNTERPARTS. This Agreement may be executed in one (1) or more counterparts, each of which will constitute an original. 25. EFFECTIVENESS OF AGREEMENT AS TO THE AGENCY. This Agreement shall not be binding on the Agency until signed by an authorized representative of the Consultant, approved by the Agency and executed by the Interim Executive Director or his designee. 26. CONFLICTS OF INTEREST. The Consultant hereby represents that, to the best of its knowledge, it has no interests adverse to the Agency or the City at the time of execution of this Agreement. Should, through the performance of the project scope of work, the Consultant become aware of any conflict, or potential conflict resulting from a pre-existing agreement or interest, the Consultant will immediately disclose such to the Agency Staff. The Consultant hereby agrees that, during the term of this Agreement, the Consultant shall not enter into any 7 CDC/2009-1 agreement or acquire any interests detrimental or adverse to the Agency or the City. Additionally, the Consultant hereby represents and warrants to the Agency that the Consultant and any partnerships, individual persons or any other party or parties comprising the Consultant, together with each subcontractor who may hereafter be designated to perform services pursuant to this Agreement, do not have and, during the term of this Agreement, shall not acquire any property ownership interest, business interests, professional employment relationships, contractual relationships of any nature or any other financial arrangements relating to the Agency, property over which the Agency has jurisdiction or any members or staff of the Agency that have not been previously disclosed in writing to the Agency, and that any such property ownership interests, business interests, professional employment relationships, contractual relationships or any nature or any other financial arrangements will not adversely affect the ability of the Consultant to perform the services to the Agency as set forth in this Agreement. 27. NON-EXCLUSIVITY. This Agreement shall not create an exclusive relationship between the Agency and the Consultant for the services set forth in Exhibit "B" or any similar or related services. The Agency may, during the term of this Agreement, contract with other consultants for the performance of the same, similar, or related services as those that may be performed by the Consultant under this Agreement. The Agency reserves the discretion and the right to determine the amount of services to be performed by the Consultant for the Agency under this Agreement, including not requesting any services at all. This Agreement only sets forth the terms upon which any such services will be provided to the Agency by the Consultant, if such services are requested by the Agency, as set forth in this Agreement. 28. CONSEOUENTlAL DAMAGES & LIMITATION OF LIABILITY. The Agency and Consultant agree that except as otherwise provided in this Section 28, in no event will either be liable to the other under this Agreement for any damages including but not limited to, special damages, loss of revenue, loss of profit, operating costs or business interruption losses, regardless of cause, including breach of contract, negligence, strict liability or otherwise. The limitations and exclusions of liability set forth in this Section 28 shall apply regardless of fault, breach of contract, tort, strict liability or otherwise of the Consultant and the Agency, their employees or subconsultants. 8 CDC/2009-1 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date indicated next to the authorized signatures of the officers of each of them as appear below. AGENCY Dated: /d-/I'l ! () R" Redevelopment Agency of the City of San Bernardino, a public bod ate and politic ) By: Emil Marzullo, Approved as to Form and Legal Content: By: \ / _ ~d--A--- Timothy Sa 0, Agency Counsel CONSULTANT Dated:~ Bryan A. Stirrat & Associates 1360 Valley Vista Drive Diamond Bar, CA 91765 "'~ Name: Ira. Snvder Title: Senior Vice President 9 CDC/2009-1 Agency Staff: EXHIBIT "A" SUPERVISORY STAFF PERSONNEL Emil Marzullo, Interim Executive Director Don Gee, Deputy Director Kathleen Robles, Project Manager CDC/2009-1 EXIllBIT "B" SCOPE OF SERVICES As amended November 3, 2008 CDC/2009-1 PROPOS_\L FOR f3ROWNFlELD5 INVENTORY FOR GREATi2R DOWNTOWN REVlTALlZATfON AREA 25 PROJECT UNDERSTANDING The BAS/PNL Team understands that the Agency was recently awarded Brownfields Assessment Grants for both Hazardous Substances and Petroleum Substances. Portions of these grants have been specifically allocated to inventory, prioritize and select sites within the San Bernardino Greater Downtown Revitalization Area (SBGDRA) that will be the subject of further site assessment. The SBGDRA is an approximately 7,608-acre rectangular-shaped area in the City of San Bernardino, bounded on the north by 9th Street, on the south by Mill Street, on the east by Tippecanoe Avenue and on the west by Pepper Avenue. The Agency estimates that more than half of the SBDGRA could be considered blighted or underutilized and likely impacted by historic releases of hazardous substances. Within the SBGDRA are various site uses and zonings, as well as Agency Redevelopment Project Areas and Enterprise Zones. Creation of a Brownfields inventory is the key first step in the ultimate characterization and remediation of sites within the SBGDRA. The inventory will be utilized by the Agency to identify those properties whose redevelopment represents the highest potential benefit to the City. As property assessment and remediation efforts progress, the inventory will become a critical decision-making tool in the Agency's continuing redevelopment efforts throughout the SBDGRA. As such, the inventory design will to not only provide a clear picture of the current conditions within the SBGDRA but also have the capability of being easily expanded or modified to address the future needs of the Agency, as well as potential changing conditions within the SBGDRA. In an effort to gain a more complete understanding of the scope of this project, a preliminary search for potential Brownfields sites within the SBGDRA was performed. Results of this search indicated that within the SBDGRA there are: . One (1) National Priority List Site . Six (6) Federal CERCLA Listed Sites . One (1) RCRA Transportation, Storage, or Disposal Site . Seventy-five (75) RCRA Generators . Nine (9) Solid Waste Landfill or Disposal Sites . One Hundred and Fifty-four (154) Above- or Underground Storage Tank Sites . Fifty-seven (57) Leaking Underground Storage Tank Sites In addition, an additional 359 variously listed sites are potentially located in or near the SBGDRA, based on their reported postal ZIP codes. As this preliminary search reveals, the GBID will incorporate a significant amount of data and a good portion of these sites may require review prior to incorporation into the GBID. It should be noted that the above list is preliminary only and does not take into consideration all of the prioritization criteria that may result from meetings with the Agency. F-AGh 1:2 '.,j" +; CDC/2009-1 PROPOSAl" FOR BROW,"FICLDS INVENTORY FOR GHEATER DOWNTOWN HEY1TAU2AT10N Ai,Et, IBI =!, 26 DESCRIPTION OF WORK TO BE PERFORMED Based on this understanding, the BAS/PNL Team has developed a project approach that addresses the needs of the Agency in a timely and cost effective manner. The approach focuses on ensuring that all efforts are in support of the Agency's long term goals and objectives. The Agency's RFP for this project defines the two major project tasks as: . Creation of a Arc/GIS Server-compatible Brownfields Inventory Database (GBID) for the SBGDRA, and . Establish site prioritization criteria to ensure properties meet the definition of Brownfield and are eligible to receive EPA funds for future environmental site assessment. Given the size of the SBGDRA, and the number of potential Brownfield properties therein, close coordination between the BAS/PNL Team and the Agency from the very earliest stages of the project will be critical to ensure that the Agency's goals and objectives are achieved in the performance of these tasks. This coordination will continue throughout the performance of the project and is reflected in our overall approach which can be broken down into the following elements, and is diagramed in Figure 2.2. . Initial Project Planning and Project Kickoff Meeting . Create a Beta Version GBID using the agreed upon Framework, Prioritization Criteria, initial data set obtained from published data, and .supplemental data gathered from other sources and direct site observations . Present and demonstrate the draft GBID to the Agency and create an initial Beta Version GBID.generated List of Prioritized Sites . Refine and Retest the Beta Version GBID based on Agency input . Finalize GBID The level to which the Beta Version GBID requires revision and refinement will depend heavily on how clearly defined the project goals are at the outset. As such, the Project Kick-off Meeting and Initial Project planning will be crucial to the overall success of the project. To this end, the BAS/PNL Team will, upon notice to proceed, develop a proposed GBID framework and a preliminary list of possible site prioritization criteria. These will be developed based on the BAS/PNL Team's understanding of the project and knowledge regarding other similar GIS database compilations. The proposed GBID framework and site prioritization criteria will provide a basis of discussion during the initial project kick off meeting. Although this meeting is not specifically required in the RFP scope of work, it is considered to be an important contributor to the successful and timely completion of the project. (".-'} '0 \C~_ 1:) CDC/2009-1 ." PROPOSI\L I"OR I3RDWNFIEI._DS I"'VENTOR, rOR ._ I.; GREATEH DOWN10WN REVlTALlZ:'.YiON AREA 111 .1/1 -~ o ._ cU CI) CI) E:5 c..c 0_ G) 'i >- CI) (J e 111 Cl)C .co -U CI) (J"'>, I: .!!! (J 111 :3 I: > Cl CI) "OCI)Cl <0:::< = Cl- ~.- I: ; ^: 3: 'c E , ,. E'- C. P>I1lS0 -CI)I:- ~ I- .- CI) 111 > .~-c:!!: eCl) Ll..-CI) ...J=u ... oS: .- 0> E ->0 111 ~ I: Cl'" ._ CI) 0 > I: (J I1lI:W Z 111 t):!!: CI) CI) .... > o .- ...- o.~ "O.Sl 1:- 111 I: en 111 < .= me CI)- .cm I-C) <Il q) <Il III .0 S III C ~ (J c o ;: III E ~ .e c - q) c C o ~ q) .c - o 1<>).;' "",\GC !4 CDC/2009-1 f-'ROPOSAL FOR BROWNFIELDS INVENTORY FOR .',:0, GflEATEH DOV{NTOWN REVITALIZATION AHEA: _ '", lM . During the project kick-off meeting, the BAS/PNL Team will work with the Agency to clearly identify, define, and establish lines of communication; project contact information; GBID framework and deliverable review procedures; a project schedule detailing subtask completion dates for key project tasks, project update communications, project meetings, submittal dates of deliverables, and review times; and overall goals of the project. In establishing this project framework, the BAS/PNL Team will advise the Agency on the various tools and capabilities of the Arc/GIS Server-based software and how those capabilities can be tailored to best serve the Agency's needs and provide deliverables that are consistent with Agency goals. In addition, during the project kick-off meeting the preliminary list of possible site prioritization criteria and GBID data fields will be reviewed with the Agency and refinements made accordingly. As part of these discussions, the availability and format of data obtained from various data sources will be assessed. In the case of environmental site information, much of this can be directly incorporated into the GBID from commonly used databases. However, other potential sources may not maintained their data in formats that are so readily assimilated and will, therefore require a more manpower intensive effort. In addition, the reliability of various data sources will be considered as will the frequency at which their stored data is updated. As depicted on Figure 2.3 a variety of data sources may be utilized in development of the GBID. Possible site prioritization criteria and/or GBID data fields may include: . General Location (inside or outside revitalization project area) . Street Location (e.g., transportation corridor frontage or inside of a neighborhood block) . Size . Site access . Cluster (i.e., the site is one of several co-located sites or is surrounded by well- developed properties) . Site impact type (i.e. UST, LUST, Landfill, industrial, plating, etc.) . Contaminants of concern (solvents, petroleum products, metals, etc) . Impacted site media {i.e., soil, groundwater, etc.) . Lead environmental regulatory agency . Regulatory Status (i.e., active investigation, ongoing remediation, closure, etc) . Importance to implementation of the City's General Plan . Suitability for (re)development (i.e., whether the site can be developed) ~-:H__ C;9-/ "'AG[ I c.) CDC/2009-1 g" ",' PROPOSAL. FOR 8ROWNFIELD5 INVENTORY FOR .f Iu '.. ,.; GREATER DOWNTOWN REVITALIZATION AREA ~ o - e Gl > e - tII ~ - Gl l;: e tII - 3: a 2_ al ~ Glo :coes +iC) C'Cl e c. .- E tII o lfi ~~g C\j~C: ll.l C) ~ .... _ tII ::::; ...- 0'1- ~ '- 0 c. Ll..Gle - tII .. ::J- ~g eal C'ClC) -- e Gl Gl tII E C'Cl c...c o C'Cl - - Gl C'Cl >0 Gl o Gl .c - e .- tII C. Gl - en ",,(; ';:0" II ::l Q. .5 c o '" .. E ~ 0- -ill c_ -Q. "'E .... -" "w 0_ o Z o O::Q. <0 Zo- o:::.:: WU) alw ZO <0 U)- LLal oel >- ~ (J . . . ".0 =Jll m. :)0 .0 >" > !ajj ~l! . :g . ~ <( i;- " " o o ~ E . <Il o tl - o '" (j III ~~ ~n og "- I I I -J ---I [-J '.. L.. __ >- ID .., -e~ ~ ~ c >- ~ .c ~ o .- ~g E u l! .., ~ € .~ u1;; >E_ c H :ii .cg ]i" . . . ~E . . = .lI& 0 c- o;! D1~.. .- "'.. -, 0( ...!."S; c c :;""C\j l! " . . c ~~ ZO.CI " " 0 l-.2c .- c ~.c " " On> u- ~ -;-m E E . . ~ c _ S:UJ c. . . Q...!!! 8,; ~'lii.2 =" , E . E. ~~ . cPe'1;i !: .= E.. f "1!0 lillO_WI .- " ~o. "iij~ "'0 ~'E E . ~8lX 3.ClO > . ';:111 ~o' ~o ~.;~ c. I " c I I e-ii o ~:) ~.o w< << a..E> woo o.!!.cn ..o:w 0:00 ~. ij II 16 CDC/2009-1 PROPOSAL FOR BROWNFIt:l.08. I"iV1i:NTOflY FOR ."'\ GREATER DOWNTOWN REVITALIZATION AHEA , .T . Availability of (re)development (i.e., whether there is actual market interest in development or redevelopment of the site) . Community acceptance/issues . Available corrective actions, including cost considerations . Future revenue generating potential . Potential to benefit disadvantaged populations . Potential for environmental liability Based on the project kick-off meeting discussions, the BAS/PNL Team will construct the preliminary GBID framework, including data fields, user interface displays and output report formats. An outline of our proposed GBID information flow (inputs, processing and outputs) is depicted in Figure 2.3. In summary, the above information, much of which can be assigned a numerical value, or score, is readily ranked using GIS-programs, against "site screening (or "bucketing") criteria, to generate outputs, suitable for long term Agency strategic business planning. Via this process, it is anticipated that sites (or site groupings, in close proximity) will be ranked from a high ability to be immediately rendered attractive for economic redevelopment, to sites which, in the short term, will need to be transformed to a condition which is protective of human health and the environment, but which have little immediate development potential (i.e. parcels that are "wrong way up") Concurrently with GBID framework construction, data gathering efforts will be initiated. This process will begin with searches of on-line data sources that provide pertinent data in formats compatible to Arc/GIS Server databases. As stated previously, and depicted in Figure 2.4, there are several private companies that provide environmental database information that can be directly incorporated into the preliminary GBID Framework. Non- mapped sites will be assessed individually to determine whether they are within the limits of the SBGDRA. In addition, other on-line sources will be accessed. This may include local tax and property records maintained by the City and/or County. Initially a Beta Version GBID will be created that covers only a portion of the full SBGDRA. The site of the Beta Version GBID area is anticipated encompass no more than approximately 500 of the total 7,608 acres. Once all readily available data has been incorporated, the Beta Version GBID will be evaluated for data gaps and the need to augment the preliminary GBID data set with additional information. As necessary given the project goals defined during the project kick-off meeting more labor intensive data gathering efforts will be initiated. This may include research at City and County departments/agencies, field reconnaissance to verify and/or photo-record site conditions, or discussion with regulatory agency representatives. .".)C ,,',.<1 fC.;\C I CDC/2009-1 (g PROPOSAL FOR BROWNFIELD5 INVENTORY FOR .~ GREATER DOWNTOWN ReVITALIZATION ^I~EA CI) III ~ E C'll CI) :Etj =>- .- en s: CI) E III C'll C'll CI).c I-.l!l ,C'll "CO - ~ ...J Cl . C C'\a ..:.- Cl)Otj \,.",.... .- :::l C'll >< Ol .21 W i':"' >_ - C'll 0 Z CI) _ III ~::J ...... CI) o > ... .- c..'tj -g~ C'llW en':' <( III caS ')(, ,)/ <C o o c c'E .. .. Ulc ~ ~ 0" ~m ._ c 0.. Ul .., - c- " .. o e ~ - <CUl illW .s::.s:: ut:: ~ 0 illZ Ul~ ,,0 c" :.:C; c_ O C CI) .! >- .- 0 1ii 0 - c c_ ...., In ~ .. .. iie " .. a::m ~ o .s:: ~ - o .- c ~ 1:>>._ C .:" 0 lnG).. :J .5 J! cc- " t: " CD CD en .JI:: ... _ c c CJ CI) 0 ca U) C 0 a:: . . .. 'S: In :!:< " In e .. .!:! 0;0 ,,- .!m >Cl . >. g .~ "'.- E J!!C;o fUcc_ .::; .- 0 ftI cn.ouc ,,_ E CD CI) c~Oc;E ~Eo;:;cc <uc.CG~e.2 D...25cp's:n; .S!Q)"oce CI) ~ G) III CI) ... a;" w t>>".E cf~oi.= . .. ." ~ ~ '" (3 c '" :; '" .2 Cl. In c C 0 .. .;( :; In 0 0 C In W In In ~ .. - .. - .. .;( In U .., C In C In ~ w" " .. 0" .. .. '" iii :I: '" E'" .. .. .. .. ",l! c_ c- .- .. .- .. " .. ::Eo ::Eo <cO . . . r .A.. fi i , ;. ! I.. ~~ ot'-;.." I . i ~ i . ... ..~ \, I t .~ \!, ~"':~';""'" !h~, P ,. - ,,,~._tt._ ill " - JJ", i"'.. ~ ~ - >:::~f 1~1f.!r~~!~1 .. . r';.<<:;.,:,;';;:-" .. )', ,"";"::".. --, 'i;"l~, ':',f:>;-:',! .". .._Uil.-.,......,-.....i;._ _-~.. I - ,,<,::"')H:>:"-:~f '" " . : .-"": : ,l,:<~'" ~ "El~: . 'J<,""" ~'" ' E o o ~ 'C H e . ~i "ACL I ij '"'" E 8 S o " 8 J!I ' 81 1l :c o ~ o 0> 1i d ., 'C " S o " 0 o.!::: -> 'So " ~ ~I CDC12009-1 PROPOSAl. FOR ElROWNf'IEl,DS INVENTORY FOR .'dF\' . Gr,EATER DOWNTOWN REVITAl.lZATION AHEA. i, faI -.' Once the gathered data has been incorporated, a Beta Version GBID will be presented to Agency. At delivery, the BAS/PNL Team will demonstrate to the Agency the operational capabilities of the Beta Version GBID and provide general written instruction for the GBID operation. As necessary, hard copies of maps, photos, data field listings, and output report formats may also be provided. The Agency will then have the opportunity to put the Beta Version GBID into daily regular use during a one-month Beta Testing Period. In the interest of providing the Agency with easy access to the Beta Version GBID and allow for addressing Agency comments to the Beta Version SBGDRA, on line access will be provided to the Agency PNL's Project Toolbox. Upon completion of the Beta Testing Period, the BAS/PNL Team will meet with the Agency to determine what, if any refinements need to be made. Based on Agency comments, modifications to the Beta Version GBID will be made and final version issued for Agency use. In addition, the BAS/PNL Team will prepare four (4) Display Boards for presentation at two (2) Public Outreach Meetings to be host by the Agency during the performance of this project. Representatives of the BAS/PNL Team familiar with the development of the G BI D will attend the meetings to provide technical support to the Agency. 27 PROJECT TIMELINE The sequence for the above tasks is shown in a proposed project schedule (Figure 2.5). Significant items incorporated into the project schedule include: . Clear alignment of project goals with the City via a kick off meeting. . Initial mining of online databases, both internal and external to the City. . Development of site screening criteria, which will permit "site.bucketing" to occur. . After the digital component of GBID is operational, piloting the system on a 500- acre test locale. . Incorporate lessons learned from the pilot into GBID, and consult with the City before running full scale screens on the 7000 acre project area. . Consultations with the City on program results, and how the information could be used to take impacted land into the developer marketplace. (As shown in Figure 2.6, the BAS/PNL Team has experience in marketing land tracts at developer conferences such as the ICSC National Meeting in Las Vegas). Throughout the performance of the project scope, the BAS/PNL Team will provide periodic progress updates. In addition, the BAS/PNL Team can provide the Agency with support during community outreach meetings and workshops for potential area developers. ['(\Ii '1<::<)-;' PAC.S 10 CDC/2009-1 II" , ' PROPOSAL FOR BROV.VNFIELOS INVl:':NTORY FOR , . 7 GREATER DOWNTOW;>.I REVlTAUZATlON AREA 10 . C".i ~ :J .~ Ll.. Q) - ::l ~ Q) ~ (.) rn - (.) Q) ...... o ... Q. Q) - III E .- >< e 0. 0. <C ;" .~ ;- .~ ;~ .~ ;0 .- ;. . . I . . . i r- ; . . . I . . ;. . . . . " . . I _ . ; ~ . ~ . E . j " - o " " . ~ " .. e iii ~, (!) t: '" 'S o . . o . o o o ~ ~ ~ . ll;:'{f).Y r; '( '5 Ec: . o. ~~~;;' ll~Wli .-. 8 ~ J:g>'Pc. _'_ ;aSl Hi~ .5:::!';lDO ..~.~g w< . E . ~~~~ .~cf ,; ~ 15 ~ ~8 .,,'~ a'~~ <<10::0 .. f">;,,i)"9.;. - c: Q) E 0. o - Q) > Q) C C - lD C) = " . o o ~ o 8' . .i c: ~ ~ ~ 1;'" W E~O i . ~ ~ 0..<: e .- "E -~ji ~ o. ~-o;: K! ..<: lZ 2! ~ ~E 5 ;!~.r"! :g~J3 ~~i3!8 ~e . .~ ~.~ .. iii- 1< H II .ffl ~ '5l.~ . ;; H m 0- "8. - .~ ~ ..- 11 ~.!i2 ~'C:'2';; ~i " C11~ o ~ 0 i~ " 0 t~ ~;g 3 " U" . ~ " , 3 Q.IL. 0:: ~- . ~ . ~.. '" , em ~ . . " a.. < 0 ~ CD o 00 . CD oee !Or,GE ::0 - :~~ ,,,'v <<~ ~'EB gt!~ -~~ .. <( - - &~ -g~ ~,~ G1".* ~. CDC/2009-1 D'" I"VCNTORY FOR ., FOR HROWNFICL:" 2ATION AHEA PROPOS".... . N REVI fALl GHEATER. 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" .<: - "m .<: "0 o .c E m " f- E ~ '" .Qc Q)'- > " (J):'!:: ':O(JJ '0'0 C C m => t:'t: .Q.8; (Q:J .- (fl al " EJ!i .l!:!..cn.... .C'lc:() .58 . m. en J:: :::J<( U u. m Ja ~ tIl "- :t:. l.,;, C !II,g ~ 1iiUlC E. c.,_ '0- '(tI.-C " ;; => ...... oI ?.o.Gi CDC/2009-1 ~ PROAOPA'. Fo, "poVmc"'.M '''''TO'' COA :~ GREATER OOWNTOW"< R~:VIT"'L.IZ"TIQN AREA 2 8 PROJECT DELIVERABLES The BAS/PNL Team anticipates that the following deliverables will be prepared and submitted to the Agency as part of this project . Meeting Minutes for all project meetings . A detailed project schedule based on the project outline established during the project Kickoff Meeting . Periodic Summary Reports . Site prioritization criteria (proposed and final) upon which GBID searches and output reports will be based. . Hard copies of area map outputs from the GBID . Photos of GBID-listed sites . Beta and Final Versions of the GBID . Display Boards for Two Public Outreach Meetings 2. 9 COST STATEMENT In accordance with Section VI-D of the County's RFP for this project, the BAS/PNL Team's estimate of the fees required to complete the Scope of Work described in Section 2.6 is presented in the attached separately sealed envelope submitted with this proposal. This fee estimate provides a "not~to-exceed" project budget, indicating costs and staff hours for the total project on a per-task basis. 2. 10 ASSUMPTIONS The BAS/PNL Team's estimate of fees, presented in a separately sealed envelope, is based upon the following assumptions: . The majority of the data included in the GBID will be readily available from on-line sources, and will be in an Arc/GIS Server compatible format that and can be directly incorporated into the GBID. . A maximum of one week will be spent performing field reconnaissance to verify and photo-document sites identified through on-line and other sources. . A maximum of one week will be spent gathering additional City and County department or agency files for supplemental data. . The Beta Version GBID will be subject to a single review and comment period by the Agency. . Beta Version GBID training will consist of a single four-hour demonstration / training session performed at the Agency offices followed by phone and online support during the following one-month period. "<;H.IC>.'-/ "<Vir. /;2 CDC/2009-1 PROPOSAL. FOR BROWNFIELDS INVENTORY FOR ....,..~:, Gr,EATER DOWNTOWr-. REVITALIZATION AREA 5. . :', . The activities performed do not constitute an ASTM-compliant Phase I ESA or USEPA All Appropriate Inquiry. . No invasive sampling is included as part of this work. . BAS makes no guarantees regarding information provided by others in the compilation of the GBID. . Site reconnaissance activities will be performed from public streets. No direct site access, or interviews of site owners or tenants is included. . The GBID will be constructed, refined and finalized in a formate compatible with ArcGIS Server. . Costs include the preparation or four (4) color display boards for presentation by the Agency during Public Outreach Meetings and attendance by BAS Team personnel during a maximum of two (2) such public meetings during the course of the project. 1'\,15':1"';'>; FAC;:: 2:') CDC/2009-1 ~ 0 0 '" e ;! ~ ~ 0 0 ~ 0 0 0 ~ ~ ~ '" :! ~ , ~ N N ro N ~ ~ '" N ~' ~ ~ cO ~ , 0, > ~, ro ",' " S "' "' ~' cO :;i " " ~ ~ - ~ " ~ ~ ~ ~ ~ ~ :: '" .. ~ I- 5 i w w~ " ~Q5!~ 0 0 . 0 0 5 ~Z~~ 'e '" " .. ~<~o " ~ E .. c o~ 15 . .. . " ~ 0 u It '5 .. .. ~ 0 0 0 0 0 0 0 ~ ~ ~ 8 0 o~ ~ , ~ ~ N ro N ~ ~ . N ~, ~ N ~ , 0, ~ ro ro '" E sS " "' "' '0' ~' ~' N' "' " ~' ~ ~ " ~ ~ ~ ~ ~ ~ ~ ~ ~ 0 0 ~ . . ~ '" ,.~ . > ~ - , ~ ~ <( ~ 0 " 0 ~ . '" v <( 2 Z N t . 0 .;; - - - E ~ a . " '" ~ ::l N - 0 - , ;:: ~ 'c ~ 0 0 ;;: . >- . 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E ~ 0 ~ '" 0 a . a " ~ U N , ~ ~ ~ ~ 0 ~ 0 z CDC/2009-1 EXHIBIT "C" INSURANCE REQUIREMENTS The Consultant shall maintain insurance policies issued by an insurance company or companies authorized to do business in the State of California and that maintain during the term of the policy a "General Policyholders Rating" of at least A(v), as set forth in the then most current edition of "Bests Insurance Guide," as follows: (I) Comprehensive General Liabilitv Insurance. The Contractor shall maintain comprehensive generalliability insurance of not less than One Million Dollars ($1,000,000.00) combined single limit, per occurrence. (2) Automobile Insurance. The Consultant and each of its subcontractors shall maintain comprehensive automobile liability insurance of not less than $100,000.00 combined single limit per occurrence for each vehicle leased or owned by the Consultant or its subcontractors and used in performing work under this Agreement. (2) Worker's Compensation Insurance. The Consultant and each of its subcontractors shall maintain worker's compensation coverage in accordance with California workers' compensation laws for all workers under the Consultant's and/or subcontractor's employment performing work under this Agreement. (3) Errors and Omissions Coverage. The Consultant shall maintain an insurance policy covering liability for errors and omissions of the Consultant in performing the Scope of Services of this Agreement in an amount of not less than $1,000,000.00. Concurrent with the execution of this Agreement and prior to the commencement of any work by the Consultant, the Consultant shall deliver to the Agency, copies of policies or certificates evidencing the existence of the insurance coverage required herein, which coverage shall remain in full force and effect continuously throughout the term of this Agreement. Each policy of insurance that Consultant purchases in satisfaction of the insurance requirements of this Agreement shall name the Agency as an additional insured and shall provide that the policy may not be cancelled, terminated or modified, except upon thirty (30) days prior written notice to the Agency.