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HomeMy WebLinkAboutR33- Economic Development ECONOMIC YDEVELOPMENITOAGENCY ORIGINAL FROM: Emil A.Marzullo SUBJECT: Stechmann Geoscience, Inc. - Professional Interim Executive Director Services Agreement for environmental investigation on Agency owned property located at the southeast corner of 5th and "H" Streets DATE: February 17,2011 (Central City North Redevelopment Project A rea) ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- --- Synopsis of Previous Commission/Council/Committee Action(s): On February 10,2011, Redevelopment Committee Members Johnson, Marquez and Brinker unanimously voted to recommend that the Community Development Commission consider this action for approval. --------------------------------------------------------------------- -------------------------------------------------------------------------------------------------------------------------------------------- Recommended Motion(s): (Community Development Commission) 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 with Stechmann Geoscience, Inc. for environmental investigation for site located at the southeast corner of 5th and"H"Streets.(Central City North Redevelopment Project Area) ----------------------------------------------------------------------------------------------------------------------------------------------—-------------------------------------------------------------- Contact Person(s): Mike Trout Phone: (909)663-1044 Project Area(s): Central City North Ward(s): 1St Supporting Data Attached: R1 Staff Report 0 Resolution(s) 0 Agreement(s)/Contract(s)0 Map(s)❑Letter(s) FUNDING REQUIREMENTS: Amount: $ 49,080 Source: Tax Increment Budget Authority: FY 2010-2011 i Signature: Fiscal Review: Emil A. Marzullo, nt rim cecutive Director Lori Panzi o-Till ,I% Ch' Financial Officer ---------------------------------------- - ---------------- I ----------- ----------------------------------------------------------------------------------------------------------------------- Commission/Council Notes: fw �In�� ���� _ �� --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------—----—------- P:\Agendas\Comm Dev Commission\CDC 2011\03-07-11 Stechmann Geoscience,Inc.Agreement-INOB Site.doc COMMISSION MEETING AGENDA Meeting Date: 03/07/2010 Agenda Item Number: �� ECONOMIC DEVELOPMENT AGENCY STAFF REPORT STECHMANN GEOSCIENCE, INC.—PROFESSIONAL SERVICES AGREEMENT FOR ENVIRONMENTAL INVESTIGATION ON AGENCY OWNED PROPERTY LOCATED AT THE SOUTHEAST CORNER OF 5TH AND "H" STREETS (CENTRAL CITY NORTH REDEVELOPMENT PROJECT AREA) BACKGROUND: In 2008, the Redevelopment Agency of the City of San Bernardino ("Agency") acquired the former Paradise Motel located at 795 West 5th Street, southeast corner of West 5th Street and North "H" Street (the "Site"). In 2009, the demolition of the former motel was completed. In-N-Out Burger ("INOB") approached the Agency about moving to the Site for construction of a new facility (relocated from 2"d Street) and in 2010, the Agency and INOB entered into a Study Agreement to determine the feasibility of moving to the Site. As part of its due diligence, INOB had an environment assessment performed on the Site. Their investigation revealed that the Site had several different residential and commercial uses since 1894 including: • single and multi-family structures, • liquor and grocery stores, • a gas station from around 1936 to 1961, and • two motels. Various environmental consultants for INOB conducted site investigations and reviews. One of those consultants was Stechmann Geoscience, Inc (the "SGI"). On behalf of INOB, SGI worked with the Regional Water Quality Control Board (the "RWQCB") regarding how to obtain Board Clearance on the site prior to initiation of development. Throughout this process, it has been IONB's goal to obtain at least an informal RWQCB clearance of the Site although not necessarily legally required. Notwithstanding, INOB then chose a different consultant who completed the following site investigation tasks on the Site. 1. A geophysical survey of the western portion of the Site using magnetometer and ground- penetrating radar. 2. Completion of 8 soil borings to depths ranging from 24 to 40 feet below ground surface (bgs). 3. Laboratory analysis of 10 soil samples collected from the 8 borings at depths ranging from 18 to 37.5 feet bgs. 4. Installation of 8 temporary soil vapor probes at a depth of 5 feet bgs. 5. Collection and laboratory analysis of the 9 soil vapor samples. ----------------------------------------------- -------------------------------------------------------------------- P:\Agendas\Comm Dev Commission\CDC 2011\03-07-11 Stechmann Geoscience,Inc.Agreement-INOB Site.doc COMMISSION MEETING AGENDA Meeting Date: 03/07/2011 Agenda Item Number: Economic Development Agency Staff Report Stechmann Geoscience, Inc. - Professional Services Agreement Page 2 In summary, the result of the initial site assessment was that work was warranted to determine the vertical extent and magnitude of the gasoline and solvent vapor impacts present in the subsurface, i.e. the extent and location of the VOC's on the site, as well as removal of the underground storage tank (the "UST") located on the site. The VOC analysis could not be done until the UST was removed. The Agency prepared an RFP and obtained bids for the removal of the UST. A different consultant handled the removal of a 300-gallon waste oil UST from the central portion of the Site identified by the geophysical survey. That removal raised some additional issues to be considered along with the VOC analysis. Because of the time constraints here to allow INOB to construct a new facility before closure of the Second Street freeway ramps in January, 2012, INOB requested that the Agency contract with Stechmann Geoscience to complete the work on the VOC's through additional consultation with the RWQCB before commencing the project. The Agency and INOB agree that the initial RWQCB contact will facilitate the completion of the final tests and actions and control duplicative costs. CURRENT ISSUE: As owner of the Site, it is the responsibility of the Agency to ensure that the Site has been cleared of all environmental issues before the Site can be used for development. To that end, the Agency has contracted with SGI, under a purchase order, to review the previous environmental test results and records to recommend a course of action that would be acceptable to the RWQCB in order to have the Site cleared. On January 25, 2011, Agency Staff and SGI met with the RWQCB to discuss the best approach to clear the Site of environmental issues. As a product of that meeting, SGI prepared a work plan and cost estimate and stated that they would quickly turnaround the work plan due to Staff's time constraints. The Agency and INOB anticipate that this work plan will complete the work on the site. The Agency requests that this contract be awarded on a sole source basis to SGI because of SGI's past work on these issues on this site and to accommodate INOB's timeframes. The Agency will request that SGI enter into its standard form of a professional services agreement. ENVIRONMENTAL IMPACT: This does not meet the definition of a "project" under Section 15378 of the California Environmental Quality Act ("CEQA"), which states that a "Project" means the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- P:\Agendas\CommDevCommission\CDC2011\03-07-11StechmannGeoscience,Inc.Agreement-INOBSite.doc COMMISSION MEETING AGENDA Meeting Date: 03///j07/2010 Agenda Item Number: f�✓� $conomic Development Agency Staff Report Stechmann Geoscience, Inc. - Professional Services Agreement Page 3 FISCAL IMPACT: The cost estimate to complete the tasks on the work plan comes to Forty-Nine Thousand Eighty Dollars ($49,080). In the Professional Services Agreement that would be executed by and between the Agency and SGI, the amount of $49,080 would be reflected as the compensation to SGI for the completion of the tasks in the work. This cost does not include 1) the removal of any contaminated soil, which would be handled separately by a different contractor or 2) operation of the vapor extraction system. How long the vapor extraction system will operate is currently unknown and will be determined, in part, by the results of the vapor extraction pilot test. Additional remediation/mitigation measures may also be required. RECOMMENDATION: That the Community Development Commission adopt the attached Resolution. Emil A. Marzullo, Interim Executive Director ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- P:\Agendas\Comm Dev Commission\CDC 2011\03-07-11 Stechmann Geoscience,Inc.Agreement-INOB Site.doc COMMISSION MEETING AGENDA Meeting Date: 03/07/2010 Agenda Item Number: ice/ d 5 �m t LL 3 � 5 d x m -Zh E Z N O = m �, Jfn AZQ OJT°cU J o U) 0 o o U N c N o a c_m d € ¢Z g°,r W a° 0 w d Of $ d ° 8 3 o° m V 8 o o E Z R m Z a` m •,.: o c 0 H m � Q z Q W � _ m > 2 _ m u 3 y "o c -U, m v C m 2 = z E0 E0 E W y U E ° • Z a` a°a a°n t W U i W dm w h A m ' d 1� O b q A N • ; b e c � m w r V _ � r m • m N "BI H #� QA Mi .. fir. .. mr' • • :N a al i 1 RESOLUTION NO. 2 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF 3 THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING THE INTERIM EXECUTIVE DIRECTOR OF THE REDEVELOPMENT 4 AGENCY OF THE CITY OF SAN BERNARDINO ("AGENCY") TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT BY AND 5 BETWEEN THE AGENCY AND STECHMANN GEOSCIENCE, INC., A 6 CALIFORNIA CORPORATION, CONCERNING ENVIRONMENTAL INVESTIGATIONS ON AGENCY OWNED PROPERTY LOCATED AT THE 7 SOUTHEAST CORNER OF 5TH AND "H" STREETS (CENTRAL CITY NORTH REDEVELOPMENT PROJECT AREA) 8 9 WHEREAS, the Redevelopment Agency of the City of San Bernardino (the "Agency") is a 10 community redevelopment agency duly created, established and authorized to transact business and 11 exercise its powers, all under and pursuant to the California Community Redevelopment Law (the 12 "CRL"), codified under Division 24, Part 1 of the California Health and Safety Code commencing at 13 Section 33000 and is authorized to construct improvements located within the approved 14 redevelopment project areas in the City of San Bernardino (the "City") in accordance with the CRL; and 15 16 WHEREAS, on April 2, 2007, the Agency acquired title to 755 West 5th Street (APN: 0134- 17 093-40), the Royal Motel, approximately 22,500 square feet; and 18 WHEREAS, subsequent to the Agency acquiring the Royal Motel, the Agency relocated all tenants and caused the motel to be demolished; and 19 20 WHEREAS, on January 7, 2008, the Agency acquired title to 795 West 5th Street (APN: 21 0134-093-41),the Paradise Motel, approximately 33,750 square feet; and 22 WHEREAS, subsequent to the Agency acquiring the Paradise Motel, the Agency relocated all tenants and caused the motel to be demolished; and 23 24 WHEREAS, 755 and 795 West 5th Street are contiguous, located at the southeast corner of 25 5th and "H" Streets (Central City North Redevelopment Project Area), and herein referred to 26 collectively as the Property(the "Site"); and 27 WHEREAS, the State of California (the "State") has acquired, through eminent domain 28 authority, the current location of the In-N-Out Burger (the "INOB") facility located on 2nd Street adjacent to the I-215 Freeway for use in the 1-215 widening project; and 1 P:\Agendas\Resolutions\Resolutions\2011\03-07-11 Stechmann Geoscience-Professional Services Agreement CDC Reso.doc 1 WHEREAS, the State will take possession of the INOB facility on 2nd Street no later than 2 January 2012; and 3 WHEREAS, INOB has approached the Agency concerning the possibility of relocating to 4 the Site and constructing a larger facility; and 5 WHEREAS, on March 1, 2010, the Community Development Commission of the City of 6 San Bernardino (the "Commission"), as the governing board of the Agency, approved a 7 Redevelopment Project Study and Exclusive Right to Negotiate Agreement (the "ERN") with INOB 8 to study the feasibility of constructing a new facility on the Site within the Central City North 9 Redevelopment Project Area; and 10 WHEREAS, as part of their due diligence for the Site, INOB engaged various environmental 11 consultants to investigate the Site for any environmental issues; and 12 WHEREAS, one of those environmental consultants was Stechmann Geoscience, Inc. (the 13 "SGI"); and 14 WHEREAS, SGI, on behalf of INOB, worked with the Regional Water Quality Control 15 Board (the "RWQCB") to obtain the RWQCBs clearance prior to initiation of development on the 16 Site; and 17 WHEREAS, INOB used another environmental consultant to perform the initial assessment 18 of the Site; and 19 WHEREAS, the results of the initial assessment of the Site warranted additional work to 20 determine the vertical extent and magnitude of the gasoline and solvent vapor impacts present in the 21 subsurface, i.e.,the extent and location of volatile organic compounds (the "VOC"); and 22 WHEREAS, due to the time constraints on INOB vacating their current location at 2nd Street 23 and the I-215 Freeway no later than January 1, 2012, INOB requests that the Agency contract with 24 SGI to complete the work on the VOC's assessment; and 25 WHEREAS, the Agency is the owner of the Site and therefore has the responsibility to 26 ensure that the Site has been cleared of all environmental issues before the Site can be used for 27 development; and 28 WHEREAS, the Agency contracted with SGI under a purchase order to review the previous 2 P:\Agendas\Resolutions\Resolutions\2011\03-07-11 Stechmann Geoscience-Professional Services Agreement CDC Reso.doc 1 test results and records to recommend a course of action that would be acceptable to the RWQCB in 2 order to have the Site cleared; and 3 WHEREAS, SGI has prepared and submitted to the Agency a workplan and cost estimate, 4 attached hereto as Exhibit"A",to complete the tasks of the workplan; and 5 WHEREAS, the costs of the workplan do not include the removal of any contaminated soil, 6 which would be handled separately by a different contractor; and 7 WHEREAS, on February 10, 2011, the Redevelopment Committee unanimously 8 recommended to the Commission approval of the Professional Services Agreement (the 9 "Agreement")by and between the Agency and SGI for environmental consulting services. 10 NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF THE 11 CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER, AS 12 FOLLOWS: 13 Section 1. The information set forth in the above recitals of this Resolution is true and 14 correct. 15 Section 2. The Interim Executive Director of the Agency is hereby authorized to execute 16 the Agreement on behalf of the Agency in substantially the form attached hereto as Exhibit `B", 17 together with such changes therein as may be approved by the Interim Executive Director of the 18 Agency and Agency Counsel. The Interim Executive Director of the Agency or such other 19 designated representative of the Agency is further authorized to do any and all things and take any 20 and all actions as may be deemed necessary or advisable to effectuate the purposes of the 21 Agreement, including making non-substantive modifications to the Agreement. 22 Section 3. This Resolution shall take effect from and after its date of adoption by this 23 Commission. 24 25 26 27 28 3 P:Wgendas\Resolutions\Resolutions\2011\03-07-11 Stechmann Geoscience-Professional Services Agreement CDC Reso.doc 1 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING 2 THE INTERIM EXECUTIVE DIRECTOR OF THE REDEVELOPMENT 3 AGENCY OF THE CITY OF SAN BERNARDINO ("AGENCY") TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT BY AND 4 BETWEEN THE AGENCY AND STECHMANN GEOSCIENCE, INC., A CALIFORNIA CORPORATION, CONCERNING ENVIRONMENTAL 5 INVESTIGATIONS ON AGENCY OWNED PROPERTY LOCATED AT THE SOUTHEAST CORNER OF 5TH AND "H" STREETS (CENTRAL CITY 6 NORTH REDEVELOPMENT PROJECT AREA) 7 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Community 8 Development Commission of the City of San Bernardino at a meeting 9 thereof, held on the day of , 2011, by the following vote to wit: 10 Commission Members: Ayes Nays Abstain Absent 11 MARQUEZ 12 VACANT 13 BRINKER 14 SHORETT 15 KELLEY 16 JOHNSON 17 MC CAMMACK 18 19 20 Secretary 21 22 The foregoing Resolution is hereby approved this day of , 2011. 23 Patrick J. Morris, Chairperson 24 Community Development Commission 25 of the City of San Bernardino 26 Approved as to Form: 27 By: 28 Agency o sel 4 P:\Agendas\Resolutions\Resolutions\2011\03-07-11 Stechmann Geoscience-Professional Services Agreement CDC Reso.doc 1 Exhibit "A" 2 Work plan and Cost Estimate 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5 P:\Agendas\Resolutions\Resolutions\2011\03-07-11 Stechmann Geoscience-Professional Services Agreement CDC Reso.doc 1 Work Plan and Cost Estimate 2 3 Proposed Scope of Work 4 Based on SGI's review of the existing assessment data for the Site and discussions with RWQCB on January 25,2011, SGI developed the following additional tasks: 5 1. Additional soil borings and vapor well construction. 6 2. Soil vapor extraction(SVE)pilot test. 3. Additional waste oil UST assessment and remediation. 7 Additional Soil Borings and Vapor Wells 8 SGI proposes to complete six soil borings to a depth of 40 feet bgs across the western portion of the Site to 9 assess environmental conditions,as shown on Figure 1. The boring locations were selected to assess elevated TPH and VOC vapor concentrations previously detected by Terracon in certain locations and within the 10 proposed restaurant building footprint. Prior to drilling, SGI will visit the Site to mark the intended boring 11 locations and Underground Service Alert will be alerted a minimum of 48 hours prior to drilling as required by law. The borings will be drilled using a truck-mounted hollow-stem auger drill rig and completed as 12 nested vapor test wells. 13 Soil samples will be collected on 5-foot depth intervals and screened in the field with an organic vapor meter. If impacted soil is identified or suspected in the field during drilling, the soil boring will be extended deeper. 14 Monitoring data from the former INCO gas station immediately north of the Site across West 5th Street listed a depth to groundwater at 125 feet bgs. There is no indication to suggest that previous Site operations have 15 compromised groundwater quality. Selected soil samples will be submitted to a state-certified analytical laboratory for analysis of total petroleum hydrocarbons (TPH) as gasoline and volatile organic compounds 16 (VOCs)using EPA Method 8260B. 17 The nested vapor wells will be constructed using 2-inch diameter Schedule 40 PVC well casing with 0.20- inch factory-slotted screen, and No.3 Monterrey sand as filter pack. The wells will be screened from 5-20 18 feet bgs and 20-40 feet bgs and completed with flush-mounted,traffic-rated covers. 19 All field work will be overseen by an SGI California Professional Geologist. The work will be completed 20 under appropriate permit(s)issued by the City and County of San Bernardino. 21 Soil Vapor Extraction (SVE)Pilot Test 22 SGI proposes to retain a vendor to supply manpower and equipment to conduct a 12-hour SVE test of the newly completed nested vapor wells. A self-contained,trailer-mounted thermal and/or catalytic oxidizer unit 23 that has a valid various locations operating permit issued by the South Coast Air Quality Management District will be used to extract vapors from each of the 12 wells for a period of time. Hydrocarbon 24 concentrations will be measured and recorded over time to assess the volume of contaminants that may be present in the subsurface. Radius of influence measurements will also be made in the event full-scale 25 remediation is necessary. 26 Selected air samples will be collected in Tedlar bags and submitted for laboratory analysis of TPH as gasoline and VOCs as outlined above. 27 The results of the SVE pilot test will be used to determine what further remedial measures may be required 28 for the Site including the need for a vapor barrier beneath the restaurant. 6 P:\Agendas\Resolutions\Resolutions\2011\03-07-11 Stechmann Geoscience-Professional Services Agreement CDC Reso.doc 1 Summary Report 2 SGI will prepare a report summarizing the methods used and analytical results together with our conclusions and recommendations. Any chemical concentrations detected will be compared to applicable clean-up 3 standards. The report will be prepared and signed by an SGI California Professional Geologist in accordance 4 with standard accepted practice in the environmental field. ADDITIONAL SITE INVESTIGATION AND SVE PILOT TEST 5 PROPOSED IN-N-OUT BURGER RESTAURANT— 6 SEC NORTH "H" STREET& WEST 5TH STREET SAN BERNARDINO,CALIFORNIA 7 Days No. Type Rate Subtotal 8 Task 1 - Review Existing Data, Meet with RWQCB, and Prepare Work Plans 9 SGI Principal 30 hrs $150 $4,500 Direct costs 1 ea $200 200 10 Task subtotal $4,700 11 Task 2 -Complete Soil Borings and Install SVE Test Wells SGI supervise well drilling and construction 3 12 hrs $150 $5,400 12 Driller 1 1 quote lump sum $15,000 Mark-up on driller 1 ea 15% $2,250 13 Analytical Laboratory Costs (Jones Environmental) 8015 simulated distillation (gas and diesel) 50 ea $50 $2,500 14 8260 GC/MS BTEX and MTBE 30 ea $100 $3,000 Mark-up on laboratory 1 ea 15% $848 15 OVM rental costs 3 days $100 $300 Field equipment and supplies 1 ea $752 752 16 Task subtotal $30,050 17 Task 3 -SVE Pilot Test 18 SGI coordination and supervision 20 hrs $150 $3,000 LF2 Group SVE pilot test 1 ea $4,000 $4,000 19 Analytical laboratory (Jones Environmental) 12 ea $150 $1,800 Mark-up of subcontractors 1 ea 15% $870 20 OVM rental costs 1 days $100 $100 Field equipment and supplies 1 ea $500 500 21 Task subtotal $10,270 22 Task 4 -Prepare Summary Phase II Report SGI preparation and review 24 hrs $150 $3,600 23 Drafting costs 4 hrs $90 $360 Reproduction and delivery costs 1 ea $100 100 24 Task subtotal $4,060 25 ESTIMATED PROJECT TOTAL COST $49,080 26 2/7/2011 11:29 AM Stechmann Geoscience, Inc. 27 28 7 P:\Agendas\Resolutions\Resolutions\2011\03-07-11 Stechmann Geoscience-Professional Services Agreement CDC Reso.doc I Exhibit "B" 2 Professional Services Agreement 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 8 P:\Agendas\Resolutions\Resolutions\2011\03-07-11 Stechmann Geoscience-Professional Services Agreement CDC Reso.doe 1 Exhibit "B" 2 Professional Services Agreement 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 8 P:\Agendas\Resolutions\Resolutions\2011\03-07-11 Stechmann Geoscience-Professional Services Agreement CDC Reso.doc PROFESSIONAL SERVICES AGREEMENT STECHMANN GEOSCIENCE, INC. ENVIRONMENTAL ASSESSMENT SOUTHEAST CORNER OF 5TH AND "H" STREETS SAN BERNARDINO, CALIFORNIA THIS AGREEMENT for Professional Services (the "Agreement") is made this 7th day of March 2011 (the "Effective Date"), by and between the Redevelopment Agency of the City of San Bernardino, a public body, corporate and politic (the "Agency") and Stechmann Geoscience, Inc., a California corporation(the "Consultant") (together sometimes referred to as the "Parties"). Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, the Consultant shall provide to the Agency the services described in the Scope of Work attached as Exhibit "A", and incorporated here on. The location for the services contemplated in this Agreement is Agency Owned property located at the southeast corner of 5th and "H" Streets, in the City of San Bernardino (the "Site"). Such work shall be provided at the time and place and in the manner specified in Exhibit "A". In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit "A", this Agreement shall prevail. 1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall end on September 7, 2011, which is the date of completion of all tasks specified in Exhibit A. The Consultant shall complete the work described in Exhibit A prior to that date, unless the term of the Agreement is otherwise terminated or extended as provided for in Section 8. The time provided to the Consultant to complete the services required by this Agreement shall not affect the Agency's right to terminate the Agreement, as provided for in Section 8. 1.2 Standard of Performance. The Consultant shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which the Consultant is engaged in the geographical area in which the Consultant practices its profession and to the sole satisfaction of the Contract Administrator. 1.3 Assignment of Personnel. The Consultant shall assign only competent personnel to perform services pursuant to the Agreement. In the event that the Agency, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, the Consultant shall, immediately upon receiving notice from the Agency of such desire of the Agency, reassign such person or persons. 1.4 Time. The Consultant shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to satisfy the Consultant's obligations hereunder. 1 P:\Agendas\Agenda Attachments\Agenda Attachments\Agrmts-Amend 2011\03-07-11 Stechmann Geoscience-Professional Services Agreement(In-N-Out).doc 1.5 Authorization to Perform Services. The Consultant is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Agency. Section 2. COMPENSATION. The Agency hereby agrees to pay the Consultant a sum not to exceed FORTY-NINE THOUSAND EIGHTY & 00/100 DOLLARS ($49,080.00) notwithstanding any contrary indications that may be contained in the Consultant's proposal, for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Exhibit "A", regarding the amount of compensation, this Agreement shall prevail. The Agency shall pay the Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from the Agency to the Consultant for services rendered pursuant to this Agreement. The Consultant shall submit all invoices to the Agency in the manner specified herein. Except as specifically authorized in advance by the Agency, the Consultant shall not bill the Agency for duplicate services performed by more than one person. 2.1 Invoices. The Consultant shall submit invoices monthly during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information: • Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc., • The beginning and ending dates of the billing period; • A Task Summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion; • At the Agency's option, for each work item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person doing the work, the hours spent by each person, a brief description of the work, and each reimbursable expense; • The total number of hours of work performed under the Agreement by the Consultant and each employee, agent, and subcontractor of the Consultant performing the services hereunder necessary to complete the work described in Exhibit"A"; • Receipts for expenses to be reimbursed; • The Consultant's signature. 2.2 Monthly Payment. The Agency shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. The Agency shall have thirty (30) days from the receipt of an invoice that complies with all of the requirements above to pay the Consultant. 2.3 Final Payment. The Agency shall pay the last 10% of the total sum due pursuant to this Agreement within sixty (60) days after completion of the services and submittal to the Agency of a final invoice, if all services required have been satisfactorily performed. 2.4 Total Payment. The Agency shall not pay any additional sum for any expense or cost whatsoever incurred by the Consultant in rendering services pursuant to this Agreement. The Agency shall make no payment for any extra, further or additional service pursuant to this Agreement. 2 P:\Agendas\Agenda Attachments\Agenda Attachments\Agrmts-Amend 2011\03-07-1 I Stechmann Geoscience-Professional Services Agreement(In-N-Out).doc In no event shall the Consultant submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement, unless the Agreement is modified in writing prior to the submission of such an invoice. 2.5 Hourly Fees. Fees for work performed by the Consultant on an hourly basis shall not exceed the amounts shown on the fee schedule included with Exhibit"A". 2.6 Reimbursable Expenses. Reimbursable expenses are included within the maximum amount of the contract. 2.7 Payment of Taxes. The Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any federal or state taxes. 2.8 Payment upon Termination. In the event that the Agency or the Consultant terminates this Agreement pursuant to Section 8, the Agency shall compensate the Consultant for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination. The Consultant shall maintain adequate logs and timesheets in order to verify costs incurred to that date. Section 3. FACILITIES AND EQUIPMENT. Except as otherwise provided, the Consultant shall, at its sole cost and expense, provide all facilities and equipment necessary to perform the services required by this Agreement. The Agency shall make available to the Consultant only physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for the Consultant's use while consulting with the Agency employees and reviewing records and the information in possession of the Agency. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of the Agency. In no event shall the Agency be required to furnish any facility that may involve incurring any direct expense, including, but not limited to, computer, long-distance telephone or other communication charges, vehicles and reproduction facilities. Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, the Consultant, at its own cost and expense, shall procure the types and amounts of insurance checked below and provide Certificates of Insurance, indicating that the Consultant has obtained or currently maintains insurance that meets the requirements of this section and which is satisfactory, in all respects,to the Agency. The Consultant shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be included in the Consultant's compensation. The Consultant shall not allow any subcontractor to commence work on any subcontract until the Consultant has obtained all insurance required herein for the subcontractor(s) and provided evidence thereof to the Agency. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. 4.1 Workers' Compensation. The Consultant shall, at its sole cost and expense, maintain Statutory Workers' Compensation Insurance and Employer's Liability Insurance for any and all persons employed directly or indirectly by the Consultant. The Statutory Workers' Compensation Insurance and Employer's Liability Insurance shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000.00) per accident. In the alternative, the Consultant may rely on a self-insurance program to meet those 3 P:\Agendas\Agenda Attachments\Agenda Attachmetrts\Agrmts-Amend 2011\03-07-11 Stechmann Geoscience-Professional Services Agreement(In-N-Out).doc requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or the Consultant, if a program of self-insurance is provided, shall waive all rights of subrogation against the Agency and its officers, officials, employees, and authorized volunteers for loss arising from work performed under this Agreement. 4.2 Commercial General and Automobile Liability Insurance. 4.2.1 General requirements. The Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than FIVE MILLION DOLLARS ($5,000,000.00) per occurrence, combined single limit coverage, for risks associated with the work contemplated by this Agreement. If a Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include, but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non-owned automobiles. 4.2.2 Minimum scope of coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 or GL 0002 (most recent editions) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 8 and 9. No endorsement shall be attached limiting the coverage. 4.2.3 Additional requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy: a. The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis. b. Any failure of the Consultant to comply with reporting provisions of the policy shall not affect coverage provided to the Agency and its officers, employees, agents and volunteers. 4.3 Professional Liability Insurance. 4.3.1 General requirements. The Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing work pursuant to this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) covering the 4 P:\Agendas\Agenda Attachments\Agenda Attachments\Agrmts-Amend 2011\03-07-11 Stechmann Geoscience-Professional Services Agreement(In-N-Out).doc i licensed professionals' errors and omissions. Any deductible or self-insured retention shall not exceed $150,000 per claim. 4.3.2 Claims-made limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form: a. The retroactive date of the policy must be shown and must be before the date of the Agreement. b. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the Agreement or the work, so long as commercially available at reasonable rates. C. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the date of this Agreement, the Consultant must provide extended reporting coverage for a minimum of five (5) years after completion of the Agreement or the work. The Agency shall have the right to exercise, at the Consultant's sole cost and expense, any extended reporting provisions of the policy, if the Consultant cancels or does not renew the coverage. d. A copy of the claim reporting requirements must be submitted to the Agency prior to the commencement of any work under this Agreement. 4.4 All Policies Requirements. 4.4.1 Acceptability of insurers. All insurance required by this section is to be placed with insurers with a Bests'rating of no less than A:VII. 4.4.2 Verification of coverage. Prior to beginning any work under this Agreement, the Consultant shall furnish the Agency with Certificates of Insurance, and upon request, complete certified copies of all policies, including complete certified copies of all endorsements. All copies of policies and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. 4.4.3 Notice of Reduction in or Cancellation of Coverage. A certified endorsement shall be attached to all insurance obtained pursuant to this Agreement stating that coverage shall not be suspended, voided, canceled by either party, or reduced in coverage or in limits, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the Agency. In the event that any coverage required by this section is reduced, limited, cancelled, or materially affected in any other manner, the Consultant shall provide written notice to the Agency at the Consultant's earliest possible opportunity and in no case later than ten(10)working days after the Consultant is notified of the change in coverage. 4.4.4 Additional insured; primary insurance. The Agency and its officers, employees, agents, and authorized volunteers shall be covered as additional insureds with 5 P:\Agendas\Agenda Attachments\Agenda Attachments\Agrmts-Amend 2011\03-07-11 Stechmann Geoscience-Professional Services Agreement(In-N-Out).doc respect to each of the following: liability arising out of activities performed by or on behalf of the Consultant, including the insured's general supervision of the Consultant; products and completed operations of the Consultant, as applicable; premises owned, occupied, or used by the Consultant; and automobiles owned, leased, or used by the Consultant in the course of providing services pursuant to this Agreement. The coverage shall contain no special limitations on the scope of protection afforded to the Agency or its officers, employees, agents, or authorized volunteers. A certified endorsement must be attached to all policies stating that coverage is primary insurance with respect to the Agency and its officers, officials, employees and volunteers, and that no insurance or self-insurance maintained by the Agency shall be called upon to contribute to a loss under the coverage. 4.4.5 Deductibles and Self-insured Retentions. The Consultant shall disclose to and obtain the approval of the Agency for the self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement. During the period covered by this Agreement, only upon the prior express written authorization of the Agency, the Consultant may increase such deductibles or self- insured retentions with respect to the City, its officers, employees, agents, and volunteers. The Agency may condition approval of an increase in deductible or self-insured retention levels with a requirement that the Consultant procure a bond guaranteeing payment of losses and related investigations, claims administration, and defense expenses that is satisfactory in all respects to each of them. 4.4.6 Subcontractors. The Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. 4.4.7 Variation. The Agency may approve in writing a variation in the foregoing insurance requirements, upon a determination that the coverage, scope, limits, and forms of such insurance are either not commercially available, or that the Agency's interests are otherwise fully protected. 4.5 Remedies. In addition to any other remedies the Agency may have, if the Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, the Agency may, at its sole option, exercise any of the following remedies, which are alternatives to other remedies the Agency may have and are not the exclusive remedy for the Consultant's breach: • Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement; 6 P:\Agendas\Agenda Attachments\Agenda Attachments\Agtmts-Amend 2011\03-07-11 Stechmann Geoscience-Professional Services Agreement(In-N-Out).doc i • Order the Consultant to stop work under this Agreement or withhold any payment that becomes due to the Consultant hereunder, or both stop work and withhold any payment, until the Consultant demonstrates compliance with the requirements hereof; and/or • Terminate this Agreement. Section 5. INDEMNIFICATION. The Consultant shall indemnify, defend with counsel selected by the Agency and hold harmless the Agency and its officials, officers, employees. agents and authorized volunteers from and against any and all losses, liability, claims, suits, actions, damages and causes of action arising out of any personal injury, bodily injury, loss of life or damage to property, or any violation of any federal, state or municipal law,regulation or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of the Consultant or its employees, subcontractors or agents, by acts for which they could be held strictly liable, or by the quality or character of their work. The foregoing obligation of the Consultant shall not apply when (1) the injury, loss of life, damage to property or violation of law arises wholly from the negligence or willful misconduct of the Agency or its officers, employees, agents or authorized volunteers and (2) the actions of the Consultant or its employees, subcontractors or agents have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is understood that the duty of the Consultant to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by the Agency of insurance certificates and endorsements required under this Agreement does not relieve the Consultant from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, the Consultant acknowledges and agrees to the provisions of this Section and that it is a material element of consideration. Section 6. STATUS OF CONSULTANT. 6.1 Independent Contractor. At all times during the term of this Agreement, the Consultant shall be an independent contractor and shall not be an employee of the Agency. The Agency shall have the right to control the Consultant only insofar as the results of the Consultant's services rendered pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3; however, otherwise the Agency shall not have the right to control the means by which the Consultant accomplishes services rendered pursuant to this Agreement. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, the Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to any compensation, benefit, or any incident of employment by the Agency, including, but not limited to, eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of the Agency and entitlement to any contribution to be paid by the Agency for employer contributions and/or employee contributions for PERS benefits. 7 P:\Agendas\Agenda Attachments\Agenda Attachments\Agrmts-Amend 2011\03-07-11 Stechmann Geoscience-Professional Services Agreement(In-N-Out).doc Section 7. LEGAL REQUIREMENTS. 7.1 Governing Law. The laws of the State of California shall govern this agreement. 7.2 Compliance with Applicable Laws. The Consultant and any subcontractor shall comply with all applicable local, state and federal laws and regulations applicable to the performance of the work hereunder. 7.3 Licenses and Permits. The Consultant represents and warrants to the Agency that the Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications and approvals of whatsoever nature that is legally required to practice their respective professions. The Consultant represents and warrants to the Agency that the Consultant and its employees, agents, any subcontractors shall, at their sole cost and expense,keep in effect at all times during the term or this Agreement any licenses,permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, the Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from the City of San Bernardino (the "City"). Section 8. TERMINATION AND MODIFICATION. 8.1 Termination. The Agency may cancel this Agreement at any time and without cause upon written notification to the Consultant. The Consultant may cancel this Agreement upon thirty (30) days' written notice to the Agency and shall include in such notice the reasons for cancellation. In the event of termination, the Consultant shall be entitled to compensation for services performed to the effective date of termination; the Agency, however, may condition payment of such compensation upon the Consultant delivering to the Agency any or all documents, photographs, computer software, video and audio tapes, and other materials provided to the Consultant or prepared by or for the Consultant or the Agency in connection with this Agreement. 8.2 Extension. The Agency may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection I.I. Any such extension shall require a written amendment to this Agreement, as provided for herein. The Consultant understands and agrees that, if the Agency grants such an extension, the Agency shall have no obligation to provide the Consultant with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Agency, the Agency shall have no obligation to reimburse the Consultant for any otherwise reimbursable expenses incurred during the extension period. 8.3 Amendments. The parties may amend this Agreement only by a writing signed by all the parties. 8.4 Assignment and Subcontracting. The Agency and the Consultant recognize and agree that this Agreement contemplates personal performance by the Consultant and is based 8 P:\Agendas\Agenda Attachments\Agenda Attachments\Agrmts-Amend 2011\03-07-11 Stechmann Geoscience-Professional Services Agreement(In-N-Out).doc upon a determination of the Consultant's unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to the Agency for entering into this Agreement was and is the professional reputation and competence of the Consultant. The Consultant may not assign this Agreement or any interest therein without the prior written approval of the Agency. The Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the Agency. In the event that key personnel leave the Consultant's employ, the Consultant shall notify the Agency immediately. 8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between the Agency and the Consultant shall survive the termination of this Agreement. 8.6 Options upon Breach by the Consultant. If the Consultant materially breaches any of the terms of this Agreement, the Agency's remedies shall include, but not be limited to, any or all of the following: 8.6.1 Immediately terminate the Agreement; 8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by the Consultant pursuant to this Agreement; 8.6.3 Retain a different consultant to complete the work described in Exhibit "A" not finished by the Consultant; or 8.6.4 Charge the Consultant the difference between the cost to complete the work described in Exhibit "A" that is unfinished at the time of breach and the amount that the Agency would have paid the Consultant pursuant to Section 2 if the Consultant had completed the work. Section 9. KEEPING AND STATUS OF RECORDS. 9.1 Records Created as Part of the Consultant's Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form that the Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the Agency. The Consultant hereby agrees to deliver those documents to the Agency upon termination of the Agreement. It is understood and agreed that the documents and other materials, including, but not limited to, those described above, prepared pursuant to this Agreement are prepared specifically for the Agency and are not necessarily suitable for any future or other use. The Agency and the Consultant agree that, until final approval by the Agency, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both parties unless required by law. 9.2 Consultant's Books and Records. The Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents 9 P:Wgendas\Agenda Attachments\Agenda Attachments\Agrmts-Amend 2011\03-07-1 I Stechmann Geoscience-Professional Services Agreement(In-N-Out).doc t evidencing or relating to charges for services or expenditures and disbursements charged to the Agency under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to the Consultant to this Agreement. 9.3 Inspection and Audit of Records. Any records or documents that Section 9.2 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of, the Agency. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds Ten Thousand Dollars ($10,000.00), the Agreement shall be subject to the examination and audit of the State Auditor, at the request of the Agency or as part of any audit of the Agency, for a period of three (3) years after final payment under the Agreement. Section 10. MISCELLANEOUS PROVISIONS. 10.1 Attorneys' Fees. If either party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose. 10.2 Venue. In the event that either party brings any action against the other under this Agreement, the parties agree that trial of such action shall be vested exclusively in the County of San Bernardino, State of California. 10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. 10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement. 10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the parties. 10.6 Consultant Representative. All matters under this Agreement shall be handled for the Consultant by Robert J. Stechmann, Jr., Principal. 10.7 Notices. Any written notice to the Consultant shall be sent to: All notices required hereunder shall be presented either (i) in person, (ii) by fax and confirmed by First Class certified or registered United States mail with return receipt requested, or (iii) by reputable overnight delivery service (such as Federal Express). Notice shall be deemed confirmed by United States mail effective the second business day after deposit with the United States Postal Service. Notice by personal service shall be deemed effective upon delivery. Either party may change its address for receipt of notice by notifying the other party in writing. 10 P:\Agendas\Agenda Attachments\Agenda Attachments\Agrmts-Amend 2011\03-07-11 Stechmann Geoscience-Professional Services Agreement(In-N-Out).doc Notice shall be deemed to have been completed when the notices have been properly delivered as provided in this Section regardless of whether notice has been delivered to any other person entitled to receive a copy of such notice. Failure to provide notice to any person listed herein to receive a copy of notices shall not defeat or render as incomplete any notice as delivered to the other party that is a signatory to this Agreement. Notice to the Consultant: Stechmann Geoscience, Inc. Attention: Robert J. Stechmann, Jr., Principal 18752 Muriel Place North Tustin, California 92705-2845 Phone: (714) 838-3552 Fax: (714) 838-0698 Notice to the Agency: Redevelopment Agency of the City of San Bernardino Attention: Emil A. Marzullo, Interim Executive Director 201 North"E" Street, Suite 301 San Bernardino, California 92401- 1507 Phone: (909) 663-1044 Fax: (909) 888-9413 10.8 Professional Seal. Where applicable in the determination of the Agency, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation. The stamp/seal shall be in a block entitled "Seal and Signature of Registered Professional with report/design responsibility," as in the following example. Seal and Signature of Registered Professional with report/design responsibility. 10.9 Integration. This Agreement, including the scope of work attached hereto and incorporated herein as Exhibit "A", represents the entire and integrated agreement between the Agency and the Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral. 10.10 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. "*.r 11 P:\Agendas\Agenda Attachments\Agenda Attachments\Agrmts-Amend 2011\03-07-11 Stechmann Geoscience-Professional Services Agreement(In-N-Out).doc i IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the p �' date indicated next to the authorized signatures of the officers of each of them as appear below. The Parties have executed this Agreement as of the Effective Date. AGENCY Redevelopment Agency of the City of San Bernardino, a public body, corporate and politic Dated: By: Emil A. Marzullo, Interim Executive Director Approved as to Form: .. By: (1- ' Elizabeth Martyn, Agency Counsel CONSULTANT Stechmann Geoscience, Inc., a California corporation Dated: By: Robert J. Stechmann, Jr., Principal 12 PAAgendas\Agenda Attachments\Agenda Attachments\Agrmts-Amend 2011\03-07-11 Stechmann Geoscience-Professional Services Agreement(In-N-Out).doc i 1 i EXHIBIT "A" Work Plan and Cost Estimate Proposed Scope of Work Based on SGI's review of the existing assessment data for the Site and discussions at our meeting with your department on January 25, 2011, SGI developed the following additional tasks: 1. Additional soil borings and vapor well construction. 2. Soil vapor extraction (SVE) pilot test. 3. Additional waste oil UST assessment and remediation. Additional Soil Borings and Vapor Wells SGI proposes to complete six soil borings to a depth of 40 feet bgs across the western portion of the Site to assess environmental conditions, as shown on Figure 1. The boring locations were selected to assess elevated TPH and VOC vapor concentrations previously detected by Terracon in certain locations and within the proposed restaurant building footprint. Prior to drilling, SGI will visit the Site to mark the intended boring locations and Underground Service Alert will be alerted a minimum of 48 hours prior to drilling as required by law. The borings will be drilled using a truck-mounted hollow-stem auger drill rig and completed as nested vapor test wells. Soil samples will be collected on 5-foot depth intervals and screened in the field with an organic vapor meter. If impacted soil is identified or suspected in the field during drilling, the soil boring will be extended deeper. Monitoring data from the former INCO gas station immediately north of the Site across West 5th Street listed a depth to groundwater at 125 feet bgs. There is no indication to suggest that previous Site operations have compromised groundwater quality. Selected soil samples will be submitted to a state-certified analytical laboratory for analysis of total petroleum hydrocarbons (TPH) as gasoline and volatile organic compounds (VOCs) using EPA Method 8260B. The nested vapor wells will be constructed using 2-inch diameter Schedule 40 PVC well casing with 0.20-inch factory-slotted screen, and No.3 Monterrey sand as filter pack. The wells will be screened from 5-20 feet bgs and 20-40 feet bgs and completed with flush-mounted, traffic-rated covers. All field work will be overseen by an SGI California Professional Geologist. The work will be completed under appropriate permit(s) issued by the City and County of San Bernardino. Soil Vapor Extraction (SVE) Pilot Test SGI proposes to retain a vendor to supply manpower and equipment to conduct a 12-hour SVE test of the newly completed nested vapor wells. A self-contained, trailer-mounted thermal and/or catalytic oxidizer unit that has a valid various locations operating permit issued by the South Coast Air Quality Management District will be used to extract vapors from each of the 12 wells for a period of time. Hydrocarbon concentrations will be measured and recorded over time to assess the volume of contaminants that may be present in the subsurface. Radius of influence measurements will also be made in the event full-scale remediation is necessary. 13 P:\Agendas\Agenda Attachments\Agenda Attachments\Agrmts-Amend 2011\03-07-11 Stechmann Geoscience-Professional Services Agreement(In-N-Out).doc Selected air samples will be collected in Tedlar bags and submitted for laboratory analysis of TPH as gasoline and VOCs as outlined above. The results of the SVE pilot test will be used to determine what further remedial measures may be required for the Site including the need for a vapor barrier beneath the restaurant. Confirmation soil samples will be collected from the excavation floor and sidewalls and tested for TPH, arsenic and lead as outlined above. After review of the laboratory results and confirmation from your department, the excavation will be back-filled and properly compacted. Temporary fencing will be used to secure the open excavation until the laboratory results are available. Summary Report SGI will prepare a report summarizing the methods used and analytical results together with our conclusions and recommendations. Any chemical concentrations detected will be compared to applicable clean-up standards. The report will be prepared and signed by an SGI California Professional Geologist in accordance with standard accepted practice in the environmental field. 14 P:\Agendas\Agenda Attachments\Agenda Attachments\Agrmts-Amend 2011\03-07-11 Stechmann Geoscience-Professional Services Agreement(In-N-Out).doc ADDITIONAL SITE INVESTIGATION AND SVE PILOT TEST PROPOSED IN-N-OUT BURGER RESTAURANT-SEC NORTH "H" STREET&WEST 5TH STREET SAN BERNARDINO, CALIFORNIA Days No. Type Rate Subtotal Task 1 - Review Existing Data, Meet with RWQCB, and Prepare Work Plans SGI Principal 30 hrs $150 $4,500 Direct costs 1 ea $200 200 Task subtotal $4,700 Task 2 -Complete Soil Borings and Install SVE Test Wells SGI supervise well drilling and construction 3 12 hrs $150 $5,400 Driller 1 1 quote lump sum $15,000 Mark-up on driller 1 ea 15% $2,250 Analytical Laboratory Costs (Jones Environmental) 8015 simulated distillation (gas and diesel) 50 ea $50 $2,500 8260 GC/MS BTEX and MTBE 30 ea $100 $3,000 Mark-up on laboratory 1 ea 15% $848 OVM rental costs 3 days $100 $300 Field equipment and supplies 1 ea $752 752 Task subtotal $30,050 Task 3 -SVE Pilot Test SGI coordination and supervision 20 hrs $150 $3,000 LF2 Group SVE pilot test 1 ea $4,000 $4,000 Analytical laboratory (Jones Environmental) 12 ea $150 $1,800 Mark-up of subcontractors 1 ea 15% $870 OVM rental costs 1 days $100 $100 Field equipment and supplies 1 ea $500 500 Task subtotal $10,270 Task 4- Prepare Summary Phase II Report SGI preparation and review 24 hrs $150 $3,600 Drafting costs 4 hrs $90 $360 Reproduction and delivery costs 1 ea $100 100 Task subtotal $4,060 ESTIMATED PROJECT TOTAL COST $49,080 2/7/2011 11:29 AM Stechmann Geoscience, Inc. 15 P:\Agendas\Agenda Attachments\Agenda Attachments\Agrmts-Amend 2011\03-07-11 Stechmann Geoscience-Professional Services Agreement(In-N-Out).doc EXHIBIT "A" Work Plan and Cost Estimate Proposed Scope of Work Based on SGI's review of the existing assessment data for the Site and discussions at our meeting with your department on January 25, 2011, SGI developed the following additional tasks: 1. Additional soil borings and vapor well construction. 2. Soil vapor extraction (SVE) pilot test. 3. Additional waste oil UST assessment and remediation. Additional Soil Borings and Vapor Wells SGI proposes to complete six soil borings to a depth of 40 feet bgs across the western portion of the Site to assess environmental conditions, as shown on Figure 1. The boring locations were selected to assess elevated TPH and VOC vapor concentrations previously detected by Terracon in certain locations and within the proposed restaurant building footprint. Prior to drilling, SGI will visit the Site to mark the intended boring locations and Underground Service Alert will be alerted a minimum of 48 hours prior to drilling as required by law. The borings will be drilled using a truck-mounted hollow-stem auger drill rig and completed as nested vapor test wells. Soil samples will be collected on 5-foot depth intervals and screened in the field with an organic vapor meter. If impacted soil is identified or suspected in the field during drilling, the soil boring will be extended deeper. Monitoring data from the former INCO gas station immediately north of the Site across West 5th Street listed a depth to groundwater at 125 feet bgs. There is no indication to suggest that previous Site operations have compromised groundwater quality. Selected soil samples will be submitted to a state-certified analytical laboratory for analysis of total petroleum hydrocarbons (TPH) as gasoline and volatile organic compounds (VOCs) using EPA Method 8260B. The nested vapor wells will be constructed using 2-inch diameter Schedule 40 PVC well casing with 0.20-inch factory-slotted screen, and No.3 Monterrey sand as filter pack. The wells will be screened from 5-20 feet bgs and 20-40 feet bgs and completed with flush-mounted, traffic-rated covers. All field work will be overseen by an SGI California Professional Geologist. The work will be completed under appropriate permit(s) issued by the City and County of San Bernardino. Soil Vapor Extraction (SVE) Pilot Test SGI proposes to retain a vendor to supply manpower and equipment to conduct a 12-hour SVE test of the newly completed nested vapor wells. A self-contained, trailer-mounted thermal and/or catalytic oxidizer unit that has a valid various locations operating permit issued by the South Coast Air Quality Management District will be used to extract vapors from each of the 12 wells for a period of time. Hydrocarbon concentrations will be measured and recorded over time to assess the volume of contaminants that may be present in the subsurface. Radius of influence measurements will also be made in the event full-scale remediation is necessary. 13 P:\Agendas\Agenda Attachments\Agenda Attachments\Agrmts—Amend 201 I\Stechmann Geoscience Professional Services Agreement—INOB Site.doc Selected air samples will be collected in Tedlar bags and submitted for laboratory analysis of TPH as gasoline and VOCs as outlined above. The results of the SVE pilot test will be used to determine what further remedial measures may be required for the Site including the need for a vapor barrier beneath the restaurant. Confirmation soil samples will be collected from the excavation floor and sidewalls and tested for TPH, arsenic and lead as outlined above. After review of the laboratory results and confirmation from your department, the excavation will be back-filled and properly compacted. Temporary fencing will be used to secure the open excavation until the laboratory results are available. Summary Report SGI will prepare a report summarizing the methods used and analytical results together with our conclusions and recommendations. Any chemical concentrations detected will be compared to applicable clean-up standards. The report will be prepared and signed by an SGI California Professional Geologist in accordance with standard accepted practice in the environmental field. 14 P:\Agendas\Agenda Attachments\Agenda Attachments\Agrmts—Amend 2011\Stechmann Geoscience Professional Services Agreement—INOB Site.doc ADDITIONAL SITE INVESTIGATION AND SVE PILOT TEST PROPOSED IN-N-OUT BURGER RESTAURANT-SEC NORTH "H" STREET&WEST 5TH STREET SAN BERNARDINO, CALIFORNIA Days No. Type Rate Subtotal Task 1 -Review Existing Data, Meet with RWQCB, and Prepare Work Plans SGI Principal 30 hrs $150 $4,500 Direct costs 1 ea $200 200 Task subtotal $4,700 Task 2 -Complete Soil Borings and Install SVE Test Wells SGI supervise well drilling and construction 3 12 hrs $150 $5,400 Driller 1 1 quote lump sum $15,000 Mark-up on driller 1 ea 15% $2,250 Analytical Laboratory Costs (Jones Environmental) 8015 simulated distillation (gas and diesel) 50 ea $50 $2,500 8260 GC/MS BTEX and MTBE 30 ea $100 $3,000 Mark-up on laboratory 1 ea 15% $848 OVM rental costs 3 days $100 $300 Field equipment and supplies 1 ea $752 752 Task subtotal $30,050 Task 3 -SVE Pilot Test SGI coordination and supervision 20 hrs $150 $3,000 LF2 Group SVE pilot test 1 ea $4,000 $4,000 Analytical laboratory (Jones Environmental) 12 ea $150 $1,800 Mark-up of subcontractors 1 ea 15% $870 OVM rental costs 1 days $100 $100 Field equipment and supplies 1 ea $500 500 Task subtotal $10,270 Task 4- Prepare Summary Phase II Report SGI preparation and review 24 hrs $150 $3,600 Drafting costs 4 hrs $90 $360 Reproduction and delivery costs 1 ea $100 100 Task subtotal $4,060 ESTIMATED PROJECT TOTAL COST $49,080 2/7/2011 11:29 AM Stechmann Geoscience, Inc. 15 P:\Agendas\Agenda Attachments\Agenda Attachments\Agrmts—Amend 2011\Stechmann Geoscience Professional Services Agreement—INOB Site.doc