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Home My WebLink About23- Public Works CITY OF SAN BERNARD ENO - REQUEST FOR :OUNCIL ACTION ROGER G. HARDGRAVE, Director Authorization to Execute First Amendment From: Subject: with DEA (Acquisition of Right-of-way for Dept: Public Works/Engineering extension of Orange Show Road) - Amending Task 7 of Exhibit "1" (Environmental Site Date: September 13, 1993 Assessment) Synopsis of Previous Council action: 04/08/93 --- Resolution No. 93-97 adopted - authorizing execution of Agreement executed with David Evans and Associates for the Acquisition of right-of-way for the extension of Orange Show Road from Arrowhead Avenue to Tippecanoe Avenue. Recommended motion: Adopt Resolution cc: Shauna Clark, City Administrator James Penman, City Attorney Sig 019 ure Contact person: Anne DeBolt Phone: 5328 Supporting data attached: Staff Report, Resolution, Map, Ward: 1 & 3 FUNDING REQUIREMENTS: Amount: $13,588 Source: (Acct. No.) 242-362-57845 (Street CvrlStrMtion -VUnd) Acct. Description) Extension of Orange show Road - Arrowhead Avenue to Tippecanoe Avenue Finance: Council Notes: 75-0262 Agenda Item No. CITY OF SAN BERNARD&O - REQUEST FOR ^OUNCIL ACTION STAFF REPORT The City of San Bernardino is extending Orange Show Road from Arrowhead Avenue to Tippecanoe Avenue. David Evans and Associates (DEA) is the Consultant the City retained to acquire the necessary right-of-way which consists of approximately 65 partial and total "takes" of privately owned property. In the last 5 years there have been sharp increases - both in the legislation and enactment of new and harsher laws, and in state and federal litigation against both the private sector and public agencies regarding hazardous waste issues. Due to concerns with this emerging problem, it has been determined that the City of San Bernardino should take all necessary precautions and perform all necessary actions to establish an "innocent landowner" defense or status regarding possible contamination by hazardous waste of any of the sites along this extension. In order to protect the various public agencies involved in the extension of Orange Show Road and to enable these agencies to avail themselves of this "inno- cent landowner" defense, a Preliminary Environmental Site Assessment (ESA) will be done on all right-of-way being acquired. The City's right-of-way acquisition consultant, David Evans and Associates, had covered the possibility of an environmental site assessment in Task 7 of their original contract. DEA's contract could have been amended to include the Pre- liminary Environmental Site Assessment but it was decided to select the environ- mental assessor on a competitive basis. On August 6, 1993, Public Works/Engineering sent out "Request for Proposals" to 11 companies which perform various stages of environmental site assessments (see attached list "A") . Seven of these companies made appointments to participate in the interview held on August 19, 1993 (see attached list "B") . 6 companies presented proposals. The interview panel members were Victor Lorch, Director of Risk Management, Jim Rohrer, Manager of Real Estate, Facilities and Contracts for the San Bernardino International Airport Authority, Jim DeAguilera, Planning Officer for the Inland Valley Development Agency, and Anne DeBolt, Real Property Specialist. (Peggy Ducey, Assistant to the City Administrator was to be one of the panel members but had a schedule conflict and could not attend the inter- views. ) After hearing the six presenters and completing the rating sheets (which gave extra "credit" to local (IVDA zone of influence) and MBE companies) for each company, it was determined that David Evans and Associates (DEA) was the highest rated company both in total points awarded and in rank placement receiving 3 first place and 1 second place votes. Therefore, included with the Resolution is a First Amendment to Agreement amending DEA's agreement with the City of San Bernardino. DEA will provide a Preliminary Environmental Site Assessment for the 65 proper- ties the City is acquiring - whether the City is just acquiring a small portion or the entire property. The scope of service includes examination of all pertin- ent records, site inspections, personal interviews, and a summary report of the findings. Also included will be recommendations for any properties which may need further environmental studies. The Preliminary Environmental Site Assess- ment will be billed on a time and material basis, not to exceed $13,588. As appraisals on the property being acquired cannot be completed until we have the completed Preliminary Environmental Site Assessment, Staff requests that this First Amendment to Agreement be executed at your earliest convenience. 75-0264 09/13/93 2 I � I o z W I ^ ac uj m 3 0~ o CL z 0 Z M I / N= W r. 3nN3A 6 NVrra31VM / LL. - - - - —r — — — pa ZJ o Ti O z TT w i v) I . cr b 3n AV MOON[ .111 gill I o N A S 11 ' h7, I N I W I i N I I — 3n 3A I — NO JN HS A g ti I M'0'tl 0 '3 O '8 S — - A33tlO Nlall 1SV3 o a I � > r: a 3nN3AV OV3HNOdUV i I i W z z < O I I - - — - — - - I i - — 133tl1S •3-- — - — - — - — - — I I z CD nN3 w g 30NY33ddli p r LD cr Q a O Zu cr � W $ \ \ I a I I W m a O a n° 2 Z o V1 Q v a N= W ~ - \ _______________ __ _ _ , 11 Z CD J a Oi a a o o � \ \ � I e ` 1 � 9C \ I, \ -----------['-•--------- \ `- Hill -- \ \ \ \ 9 M I \ \ 62 -- ------ ------------------ ---------------------- --------- -- --- ----'---------------- -- ` 000c-------- ----- \ I AVM 13MW3 g } via I \ / I �I ZtI W W Q o_ I I e / a W ? Z 4 a � v/ 1 / szol 3fIN3 NVWa31 VM / N 1 I Z vl � ✓ W � ENVIRONMENTAL CONSULTANTS CONTACTED FOR RFP (ORANGE SHOW ROAD EXTENSION - ENVIRONMENTAL SITE ASSESSMENT) 1. BOB JOHNSON 824-7210 CHJ INC. 1355 E. COOLEY DRIVE COLTON, CA 92324 2. BOB DAVIS 686-6644 DAVID EVANS AND ASSOCIATES 1700 IOWA AVENUE, SUITE 230 RIVERSIDE, CA 92507 3. BUD KENSOK 424-1919 EARTH TECHNOLOGY CORP. 'r A) 1461 E. COOLEY DRIVE I) i rj o r R66 ,004 -6 Th R P COLTON, CA 92324 4. DAN ZALEWSKI 799-8060 ECE SERVICES, INC. 515 NEW JERSEY STREET, SUITE #A REDLANDS, CA 92373 5. MARTY CZERNIAK 824-9855 EMCON ASSOCIATES 1420 E. COOLEY DRIVE, #100 COLTON, CA 92324 6. DONALD CHANCE 885-7072 GEO-SEC INC. 237 S. WATERMAN AVENUE SAN BERNARDINO, CA 92408 7. MICHAEL HEINEKE (310) 861-3742 9119 MEL DAR DOWNEY, CA 90240NUE Z D Al 0r RESP0AJb 1Z) p 8. JAMES MOORE 876-0910 JEM ENVIRONMENTAL SERVICES 1420 E. COOLEY AVENUE COLTON, CA 92324 9. GERRY NICHOLL 884-5664 G. A. NICHOLL AND ASSOCIATES 17241 MURPHY AVENUE V!� Al O T R9S /0 o N D 7T) IRVINE, CA 92714 10. WILLIAM GARRETT (213) 292-8188 GARRETT & ASSOCIATES P. 0. BOX 19108790019 Z)/D N07- R EStQ0/J j> 7Z LOS 11. DELPHINE KY (714) 722-1596 P. B. S. ENVIRONMENTAL 2651 IRVINE AVENUE, SUITE 124 COSTA MESA, CA 92627 (LIST "A") INTERVIEW SCHEDULE ENVIRONMENTAL CONSULTANTS THURSDAY, AUGUST 19, 1993 THIRD FLOOR CONFERENCE ROOM 1. 9:00 MS. DELP Y (714) 72/2 -1596 VIRONMENTP.B AL TA MESA, CA 2. 9:20 MR. JOHN FORD 824-7210 C.H.J. INC. COLTON, CA 3. 9:40 MR. BOB DAVIS 686-6644 DAVID EVANS & ASSOCIATES RIVERSIDE, CA 4. 10:00 MR. JAMES MOORE 876-0910 JEM ENVIRONMENTAL COLTON, CA 5. 10:20 MR. DAN ZALEWSKI 799-8060 MR. DAVE MLYNARSKI ECE SERVICES REDLANDS, CA 6. 10:40 MR. MICHAEL PERRY 824-9855 EMCON ASSOCIATES COLTON, CA 7. 11:00 MR. DON CHANCE 885-7072 GEOSEC SAN BERNARDINO (LIST "B") 0 1 RESOLUTION NO. • 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A FIRST AMENDMENT TO AGREEMENT WITH DAVID EVANS AND ASSOCIATES (DEA) 3 PERTAINING TO A MODIFICATION. OF TASK 7 OF EXHIBIT "1" (ENVIRONMENTAL SITE ASSESSMENT) FOR THE EXTENSION OF ORANGE SHOW ROAD FROM ARROWHEAD AVENUE TO 4 TIPPECANOE AVENUE. 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 6 7 SECTION 1. The Mayor of the City of San Bernardino is 8 hereby authorized and directed to execute on behalf of said City, a First 9 Amendment to Agreement with David Evans and Associates (DEA) pertaining to 10 the modification of Task 7 of Exhibit "1" (Environmental Site Assessment) in 11 the Agreement between the City and DEA for acquisition of right-of-way for 12 the extension of Orange Show Road from Arrowhead Avenue to Tippecanoe Ave- 13 nue, a copy of which is attached hereto, marked Exhibit "A" and incorporated 14 herein by reference as fully as though set forth at length. 15 SECTION 2. The authorization to execute the above-referenced 16 First Amendment to Agreement is rescinded if the parties to the Amendment to 17 Agreement fail to execute it within sixty (60) days of the passage of this 18 resolution. 19 20 21 22 23 24 25 26 27 28 09/13/93 1 RESOLUTION AUTHORIZING EXECUTION OF FIRST AMENDM-EN1 10 Auh hAT'i'-1 . EXTENSION OF ORANGE "HOW ROAD FROM ARROWHEAD AVENUE TO TIPPECANOE AVENUE 1 I HEREBY CERTIFY that the foregoing resolution was duly adopted by 2 the Mayor and Common Council of the City of San Bernardino at a 3 meeting thereof held on the _—__ day of 4 1993, by the following vote, to-wit: 5 6 COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT 7 NEGRETE 8 CURLIN --- ---- ------- ---- 9 HERNANDEZ 10 OBERHELMAN 11 DEVLIN __-_ 12 POPE-LUDLAM 13 MILLER 14 15 Rachel Clark, City Clerk — 16 17 The foregoing resolution is hereby approved this --_ day 18 of — , 1993. 19 20 --- ---- -- Toni Minor, Mayor 21 City of San Bernardino 22 23 24 Approved as to form and legal content: 25 26 James F. Penman, City Attorney 27 28 BY: -- 09/13/93 2 1 FIRST AMENDMENT TO AGREEMENT 2 THIS FIRST AMENDMENT TO AGREEMENT is made and entered into this 3 _ day of 1993, by and between the CITY OF 4 SAN BERNARDINO, a municipal corporation, hereinafter referred to as "CITY" , 5 and DAVID EVANS AND ASSOCIATES, hereinafter referred to as "DEA" . 6 W I T N E S S E T H 7 WHEREAS, the parties hereto executed an Agreement dated April 8, 8 1993, for the acquisition of right-of-way for the extension of Orange Show 9 Road from Arrowhead Avenue to Tippecanoe Avenue; and 10 WHEREAS, to protect against the risk that any parcels being ac- 11 quired by the CITY may be contaminated by hazardous substances and to 12 satisfy the requirements for the "innocent landowner defense" as provided in 13 CERCLA 42 U.S.C. 9601(35) and 9607(b)(3) on the part of the CITY, the Inland 14 Valley Development Agency- and the Economic Development Agency by providing 15 an assessment of this risk; and 16 WHEREAS, DEA is properly credentialed to complete the Environmen- 17 tal Site Assessment (ESA) in accordance with State of California regulations 18 and the above CERCLA requirements; and 19 WHEREAS, the parties hereto desire to amend said Agreement. 20 NOW, THEREFORE, it is mutually agreed between the parties to amend 21 Task 7 of Exhibit "1" of said Agreement to read as follows: 22 1. EXHIBIT "1" , Task 7, (ENVIRONMENTAL SITE ASSESSMENT) : 23 DEA will furnish an Environmental Site Assessment (ESA) to satisfy the 24 requirements for the "innocent landowner defense" as provided in the above 25 CERCLA sections, for potential risk from hazardous materials for all sites 26 being acquired by the CITY for the extension of Orange Show Road from Arrow- 27 head Avenue to Tippecanoe Avenue. The ESA shall be referenced in the ap- 28 praisal of all parcels suspected of being contaminated with hazardous 09/13/93 1 FIRST AMENDMENT TO AGREEMENt: EXiENbION Ur URANUh JriUw xUrw rnv„ AVENUE TO TIPPECANOE AVENUE, AMENDMENT OF EXHIBIT "1" , TASK 7, 'A 1 material . The ESA shall indicate which, if any, of the parcels may be 2 contaminated and shall recommend the appropriate level of further study and 3 remediation for any parcels suspectedof contamination. The Scope of Servic- 4 es for the hereinabove described Environmental Site Assessment (ESA) is 5 attached as Exhibit "A" . 6 2. Compensation for the Environmental Site Assessment shall be 7 paid on a time and materials basis and the total cost of the ESA shall not 8 exceed thirteen thousand five hundred eighty-eight dollars ($13,588) . 9 3. All other terms, conditions and covenants of said Agreement 10 shall remain the same and be in full force and effect. 11 IN WITNESS WHEREOF, the parties hereto have executed this First 12 Amendment to Agreement on the date first hereinabove written. 13 14 CITY OF SAN BERNARDINO 15 By:---- - 16 Tom Minor, Mayor ATTEST: 17 18 Rachel Clark, City Clerk 19 DAVID EVANS AND ASSOCIATES 20 21 By:- - -- --- George W. Holroyd, P.E. Project Manager 22 23 By:_ Robert E. Davis, Right-of-way Manager 24 Approved as to form 25 and legal content 26 James F. Penman City Attorney 27 28 By: - - t4,cw - Olt -- 09/13/93 2 SCOPE OF SERVICES David Evans and Associates, Inc. (DEA) will conduct a Preliminary Environmental Site Assessment for the parcels involved in the extension of Orange Show Road from Arrowhead Avenue to Tippecanoe Avenue in San Bernardino, California. Project elements will include the following: 1. Examination and review of local , state and federal environmental re- cords, maps, aerial photos, title reports, and any other documentation related to the subject properties. 2. A site visit to the subject properties to make observations of the condition of the properties and surrounding properties, record site and vicinity characteristics, and observe current use(s) of subject properties. 3. Interview knowledgeable persons with regard to current and past uses of the subject properties. 4. Prepare a report including Summary of Findings based on the above activities which will describe any adverse conditions associated with the subject properties. The Conclusion section of the report will identify which parcels, if any, will warrant additional environmental investigation. The Preliminary Environmental Site Assessment will be conducted and the report prepared to the guidelines found in the ASTM document "Environmental Site Assess- ments for Commercial Real Estate (E 1527-93)" . EXHIBIT "A"