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HomeMy WebLinkAbout2017-2361 2 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 RESOLUTION NO. 2017-236 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH BROWN AND CALDWELL FOR ENVIRONMENTAL CLOSURE SERVICES, AND APPROVING CERTAIN RELATED ACTIONS WHEREAS, pursuant to Health and Safety Code (the "HSC") § 34172 (a) (1), the Redevelopment Agency of the City of San Bernardino was dissolved on February 1, 2012; and WHEREAS; consistent with the provisions of the HSC, the Mayor and City Council of the City of San Bernardino previously elected to serve in the capacity of the Successor Agency to the Redevelopment Agency of the City of San Bernardino (the "Successor Agency"); and WHEREAS, consistent with the provisions of the HSC, the Mayor and City Council of the City of San Bernardino previously elected to serve in the capacity of the Successor Housing Agency to the Redevelopment Agency of the City of San Bernardino (the "Successor Housing Agency"); and WHEREAS, pursuant to HSC § 34176 (a) (2), the Successor Housing Agency was required to submit a Housing Asset Transfer form (the "HAT") to the California Department of Finance (the "DOF") that lists, among other things, all of the low- and moderate -income housing fund (the "LMIHF") real property assets, as more specifically defined in HSC § 34176 (e), to be retained by the Successor Housing Agency; and WHEREAS, consistent with the foregoing, the Successor Housing Agency submitted its HAT to DOF for review and thereafter provided DOF with pertinent supplemental and back-up information that resulted in DOF's August 11, 2016 approval of the HAT, as amended (the "Amended Hat"); and WHEREAS, as a part of its approval of the Amended HAT, DOF authorized 56 parcels to be transferred by the Successor Agency to the Successor Housing Agency at no cost (which has already occurred) (the "HAT Parcels"); and WHEREAS, consistent with the foregoing, the City, in its capacity as the Successor Housing Agency, is the owner of record as to that certain HAT Parcel consisting of approximately 1 1 2 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. 0.43 acres of vacant land located at 796 W. 56' Street, San Bernardino, California (APN 0134-054- 25) (the "Property") that was previously developed and used as a petroleum service station under the INCO brand name; and WHEREAS, during 2011, the Property was previously acquired by the former Redevelopment Agency pursuant to a condemnation process; and WHEREAS, during April 1991, the prior owner of the Property reported a release at the Property, which resulted in the removal of three (3) Underground Storage ("UST") during May 1995; and WHEREAS, the State Water Resources Control Board (the "SWRCB") required further remediation of the Property by way of a Soil Vapor Extraction System (the "SVE System") that the prior owner operated between March 2001 and May 2009, but due to the condemnation process decided not to complete the soil remediation process; and WHEREAS, during 2010, the former Redevelopment Agency hired the firm of Brown I Caldwell, the last environmental engineers of record, to complete the soil remediation process included, but was not limited to, the operation of the SVE System and related field work, reporting, and laboratory and monitoring services; and WHEREAS, due to the dissolution of the Redevelopment Agency, operating funds for I SVE System were no longer available and the operation of the SVE System ceased on March 13, 12012; and WHEREAS, in June 2013, the SWRCB prepared its UST Case Closure Review Report for the Property, which recommended the closure of the Site, and thereafter the SWRCB issued its Order WQ 2013 -0070 -UST (the "Closure Order") dated August 19, 2013, a copy of which is included as Exhibit "A" attached hereto, which for unknown reasons was not received by the Successor Housing Agency until September 2017 when an SWRCB staff person inquired as to compliance with the Closure Order; and WHEREAS, given the delay caused by the lack of notification, the SWRCB staff requested that the Successor Housing Agency expedite compliance with the Closure Order and I provide the SWRCB periodic reports on said compliance, which includes providing 0) 1 2 3 4 5 6 7 8 9 101 111 121 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 confirming that the monitoring wells and borings have been properly destroyed and that all piles, drums, debris, and other investigation and remediation materials have been properly I and disposed; and WHEREAS, in addition, the SWRCB Closure Order, Section III., B, states that failure comply with the previously stated requirements may result in the imposition of civil pursuant to HSC § 25299 (d) (1); and WHEREAS, in consideration that Brown and Caldwell is the last envi engineering firm of record, operated the SVE System for approximately 2 years, is intimately familiar with the Property and site conditions, and is able to immediately commence work to address the time requirements, and other directives, as contained within the Closure Order, it is advantages and appropriate for the Successor Housing Agency to formally engage Brown and Caldwell to assist in complying with the Closure Order; and WHEREAS, this Resolution will approve a Professional Services Agreement between the Successor Housing Agency and Brown and Caldwell (the "Professional Services Agreement"), a copy of which is included as Exhibit `B" attached hereto, and authorize certain related actions in order to comply with the Closure Order for the Site in a timely manner; and WHEREAS, subsequent to compliance with the Closure Order, it is anticipated that the Property, together with adjacent and nearby properties, will be sold to a private developer pursuant to a request for proposals process authorized by the August 16, 2017 Amended Property Disposition Strategy; and WHEREAS, this Resolution has been reviewed with respect to applicability of the California Environmental Quality Act (the "CEQA"), the State CEQA Guidelines (California Code of Regulations, Title 14, § 15000 et seq., hereafter the "CEQA Guidelines"), and the City's environmental guidelines; and WHEREAS, this Resolution does not constitute a "project" for purposes of CEQA, as that 11 term is defined by CEQA Guidelines § 15378, because this Resolution is an organizational or administrative activity that will not result in a direct or indirect physical change in the environment, per § 15378 (b) (5) of the CEQA Guidelines; and C 1 2 3 4 5 6 7 8'I 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, all of the prerequisites with respect to the approval of this Resolution have been met. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR HOUSING AGENCY AS FOLLOWS: Section 1. The foregoing recitals are true and correct and are a substantive part of this Resolution. Section 2. The Professional Services Agreement, attached hereto as Exhibit `B," is hereby approved. Section 3. On behalf of the Successor Housing Agency, the City Manager, in the capacity as Executive Director of the Successor Housing Agency, is authorized and directed to: i) execute the Professional Services Agreement in substantially the form presented; and ii) take such other actions and execute such other documents as are necessary as may otherwise be required to fulfill the intent of this Resolution. Section 4. This Resolution is not a "project" for purposes of CEQA, as that term is defined by Guidelines § 15378, because this Resolution is an organizational or administrative activity that will not result in a direct or indirect physical change in the environment, per § 15378 (b) (5) of the Guidelines. Section 5. This Resolution shall take effect upon its adoption and execution in the manner as required by the City's Municipal Code. //I rd 1 2 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 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH BROWN AND CALDWELL FOR ENVIRONMENTAL CLOSURE SERVICES, AND APPROVING CERTAIN RELATED ACTIONS I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and City Council of the City of San Bernardino at a Joint Regular Meeting thereof, held on the 6`h day of December 2017, by the following vote, to wit: Council Members: AYES NAYS MARQUEZ X(S) BARRIOS X VALDIVIA X(M) SHORETT X NICKEL X RICHARD X MULVIHILL X ABSTAIN ABSENT Georgean anna, CM ity Clerk The foregoing Resolution is hereby approved this 6h day of December 2017. R. Carey Davi , Mayor City of San Bernardino Approved as to form: Gary D. Saenz, City Attorney By: - 5 STATE OF CALIFORNIA STATE WATER RESOURCES CONTROL BOARD ORDER WQ 2013-0070 — UST In the Matter of Underground Storage Tank Case Closure Pursuant to Health and Safety Code Section 26299.39.2 and the Low Threat Underground Storage Tank Case Closure Policy BY THE EXECUTIVE DIRECTOR: Pursuant to Health and Safety Code section 25299.39.2, the Manager of the Underground Storage Tank Cleanup Fund (Fund) recommends closure of the underground storage tank (UST) case at the site listed below.2 The name of the Fund claimant, the Fund claim number, the site name and the applicable site address are as follows: William Bland Claim No. 12690 Inco Service Station 796 West 5t' Street, San Bernardino Santa Ana Regional Water Quality Control Board I. STATUTORY AND PROCEDURAL BACKGROUND Section 25299.39.2 directs the Fund manager to review the case history of claims that have been active for five years or more (five-year review), unless there is an objection from the UST owner or operator. This section further authorizes the Fund Manager to make recommendations to the State Water Resources Control Board (State Water Board) for closure of a five -year -review case if the UST owner or operator approves. In response to a recommendation by the Fund Manager, the State Water Board, or in certain cases the State Water Board Executive Director, may close a case or require the closure of a UST case. Closure of a UST case is appropriate where the corrective action ensures the protection of human health, safety, and the environment and where the corrective action is consistent with: ' State Water Board Resolution No. (2012-0061) delegates to the Executive Director the authority to close or require the closure of any UST case if the case meets the criteria found in the State Water Board's Low Threat Underground Storage Tank Case Closure Policy adopted by State Water Board Resolution No. 2012-0016. 2 Unless otherwise noted, all references are to the Health and Safety Code. 1) Chapter 6.7 of Division 20 of the Health and Safety Code and implementing regulations; 2) Any applicable waste discharge requirements or other orders issued pursuant to Division 7 of the Water Code; 3) All applicable state policies for water quality control; and 4) All applicable water quality control plans. The Fund Manager has completed a five-year review of the UST case identified above, and recommends that this case be closed. The recommendation is based upon the facts and circumstances of this particular UST case. A UST Case Closure Review Summary Report has been prepared for the case identified above and the bases for determining compliance with the Water Quality Control Policy for Low -Threat Underground Storage Tank Case Closures (Low - Threat Closure Policy or Policy) are explained in the Case Closure Review Summary Report. A. Low -Threat Closure Policy In State Water Board Resolution No. 2012-0016, the State Water Board adopted the Low Threat Closure Policy. The Policy became effective on August 17, 2012. The Policy establishes consistent statewide case closure criteria for certain low -threat petroleum UST sites. In the absence of unique attributes or site-specific conditions that demonstrably increase the risk associated with residual petroleum constituents, cases that meet the general and media -specific criteria in the Low -Threat Closure Policy pose a low threat to human health, safety and the environment and are appropriate for closure under Health and Safety Code section 25296.10. The Policy provides that if a regulatory agency determines that a case meets the general and media -specific criteria of the Policy, then the regulatory agency shall notify responsible parties and other specified interested persons that the case is eligible for case closure. Unless the regulatory agency revises its determination based on comments received on the proposed case closure, the Policy provides that the agency shall issue a closure letter as specified in Health and Safety Code section 25296.10. The closure letter may only be issued after the expiration of the 60 -day comment period, proper destruction or maintenance of monitoring wells or borings, and removal of waste associated with investigation and remediation of the site. Health and Safety Code section 25299.57, subdivision (1)(1) provides that claims for reimbursement of corrective action costs that are received by the Fund more than 365 days after the date of a closure letter or a Letter of Commitment, whichever occurs later, shall not be reimbursed unless specified conditions are satisfied. A Letter of Commitment has already been issued on the claim subject to this order and the respective Fund claimant, so the 365 -day timeframe for the submittal of claims for corrective action costs will start upon the issuance of the closure letter 4 II. FINDINGS Based upon the UST Case Closure Review Summary Report prepared for the case attached hereto, the State Water Board finds that corrective action taken to address the unauthorized release of petroleum at the UST release site identified as: Claim No. 12690 Inco Service Station ensures protection of human health, safety and the environment and is consistent with Chapter 6.7 of Division 20 of the Health and Safety Code and implementing regulations, the Low -Threat Closure Policy and other water quality control policies and applicable water quality control plans. Pursuant to the Low -Threat Closure Policy, notification has been provided to all entities that are required to receive notice of the proposed case closure, a 60 -day comment period has been provided to notified parties, and any comments received have been considered by the Board in determining that the case should be closed. The UST case identified above may be the subject of orders issued by the Regional Water Quality Control Water Board (Regional Water Board) pursuant to Division 7 of the Water Code. Any orders that have been issued by the Regional Water Board pursuant to Division 7 of the Water Code, or directives issued by a Local Oversight Program agency for this case should be rescinded to the extent they are inconsistent with this Order. III. ORDER IT IS THEREFORE ORDERED that: A. The UST case identified in Section II of this Order, meeting the general and media - specific criteria established in the Low -Threat Closure Policy, be closed in accordance with the following conditions and after the following actions are complete. Prior to the issuance of a closure letter, the Fund claimant is ordered to: 1. Properly destroy monitoring wells and borings unless the owner of real property on which the well or boring is located certifies that the wells or borings will be maintained in accordance with local or state requirements; 3 2. Properly remove from the site and manage all waste piles, drums, debris, and other investigation and remediation derived materials in accordance with local or state requirements; and 3. Within six months of the date of this Order, submit documentation to the regulatory agency overseeing the UST case identified in Section II of this Order that the tasks in subparagraphs (1) and (2) have been completed. B. The tasks in subparagraphs (1) and (2) of paragraph (A) are ordered pursuant to Health and Safety Code section 25296.10 and failure to comply with these requirements may result in the imposition of civil penalties pursuant to Health and Safety Code section 25299, subdivision (d)(1). Penalties may be imposed administratively by the State Water Board or Regional Water Board. C. Within 30 days of receipt of proper documentation from the Fund claimant that requirements in subparagraphs (1) and (2) of paragraph (A) are complete, the regulatory agency that is responsible for oversight of the UST case identified in Section 11 of this Order shall notify the State Water Board that the tasks have been satisfactorily completed. D. Within 30 days of notification from the regulatory agency that the tasks are complete pursuant to paragraph (C), the Deputy Director of the Division of Financial Assistance shall issue a closure letter consistent with Health and Safety Code section 25296. 10, subdivision (g) and upload the closure letter and UST Case Closure Review Summary Report to GeoTracker. E. As specified in Health and Safety Code section 25299.39.2, subdivision (a) (2), corrective action costs incurred after a recommendation of closure shall be limited to $10,000 per year unless the Board or its delegated representative agrees that corrective action in excess of that amount is necessary to meet closure requirements, or additional corrective actions are necessary pursuant to section 25296. 10, subdivisions (a) and (b). Pursuant to section 25299.57, subdivision (1) (1), and except in specified circumstances, all claims for reimbursement of corrective action costs must be received by the Fund within 365 days of issuance of the closure letter in order for the costs to be considered. El! F. Any Regional Water Board or Local Oversight Program Agency directive or order that directs corrective action or other action inconsistent with case closure for the UST case identified in Section II is rescinded, but only to the extent the Regional Water Board order or Local Oversight Program Agency directive is inconsistent with this Order. 9� 1 M-Am,M�' Executive _n. 5 Aq Date eaLnorru Water Boards State Water Resources Control Board UST CASE CLOSURE REVIEW SUMMARY REPORT Anencv Information EawND G. BROWN JR. GOVERNOR MATTHEW FiOOR10UE2 SECRETARY FOR ENVIRONYENTM PROTECTION Agency Name: Santa Ana Regional Water Address: 3737 Main Street, Suite 500, Quality Control Board, Region 8 Riverside, CA 92501 (R29ional Water Board _ Agency Caseworker: Valerie Jahn -Bull Case No.: 83601874T Case Information USTCF Claim No.: 12690 Global ID: T0607100231 Site Name: Inco Service Station Site Address: 796 West 5 Street San Bernardino, CA 92410 Responsible PartRP): William Bland Address: Private Address USTCF Expenciftures to Date: $857,629 Number of Years Case Open: 21 URL: http:Haeotracker.waterboards.ca goviprofile reportasp?allobal id=T0607100231 Summary The Low -Threat Underground Storage Tank Case Closure Policy (Policy) contains general and media -speck criteria, and cases that meet those criteria are appropriate for closure pursuant to the Policy. This case meets all of the required criteria of the Policy. A summary evaluation of compliance with the Policy is shown in Attachment 1: Compliance with State Water Board Policies and State Law. The Conceptual Site Model upon which the evaluation of the case has been made is described in Attachment 2: Summary of Basic Case Information (Conceptual Site Model). Highlights of the case follow: An unauthorized leak was reported in April 1991. In May 1995, three gasoline USTs were removed. Soil vapor extraction was conducted from March 2001 through May 2009, intermittently, removing a reported 27,545 pounds of petroleum hydrocarbon vapor. Soil vapor extraction continued from June�2011 through March 2012, which removed an additional 2,493 pounds of TPHg and 30,036 gallons of impacted groundwater. The remediation system has been subsequently removed. According to groundwater data, water quality objectives (WQO) have been achieved for all constituents. The petroleum release is limited to the shallow soil. According to data available in GeoTracker, there is no California Department of Public Health (CDPH) regulated supply wells or surface water bodies within 250 feet of the Site. No other water supply wells have been identified within 250 feet of the Site in files reviewed. Water is provided to water users near the Site by the San Bernardino Valley Water District. The groundwater is not currently being used as a source of drinking water, and it is highly unlikely that the shallow groundwater will be used as a source of drinking water in the foreseeable future. Other designated beneficial uses of groundwater are not threatened and it is highly unlikely that they will be considering these factors in the context of the site setting.. FELICIA MARCUS, CHAIR I THOMAS HOWARD, ExECUTIVE OFFICER 1001 I Street, Sacramento, CA 95814 1 Mailing Addreae; P.O. Box 100, Sacramento, Ca 95812-0100 1 www.waterboards.ca.gov a RECYCLED PAPER Inco Service Station June 2013 796 West 50 Street, San Bernardino Claim No: 12690 Corrective actions have been implemented and additional corrective actions are not necessary. Any remaining petroleum hydrocarbon constituents do not pose a significant risk to human health, safety or the environment. Rationale for Closure under the Policy • General Criteria: The case meets all eight Policy general criteria. • Groundwater Specific Criteria: Groundwater Exclusion. It appears this Site does not contain sufficient mobile constituents to cause groundwater to exceed the groundwater criteria in the Policy. Therefore, the Site shall be considered a low -threat site for the groundwater medium. • Vapor Intrusion to Indoor Air. The case meets Policy Criterion 2a by Scenario 3a. The maximum benzene concentration is less than 100 pg/L, the minimum depth to groundwater is greater than 5 feet, and is overlain by soil containing less than 100 mg/kg of TPHg. • Direct Contact and Outdoor Air Exposure: The case meets Policy Criterion 3a. Maximum concentrations in soil are less than those in Policy Table 1 for Commercial/Industrial sites and the concentration limits for a Utility Worker are not exceeded. Objections to Closure and Responses According to the GeoTracker Closure Review page, the County objects to UST case closure because the extent of contamination in soil has not been defined. RESPONSE: The extent of contamination is adequately defined by the existing monitoring well network and boreholes. The Case meets all the Policy criteria. Recommendation for Closure Based on available information, residual petroleum hydrocarbons at the Site do not pose a significant risk to human health, safety, or the environment, and the case meets the requirements of the Policy. Accordingly, the Fund Manager recommends that the case be closed. The State Water Board is conducting public notification as required by the Policy. San Bernardino County has the regulatory responsibility to supervise the abandonment of monitoring wells. as Y/�� Lisa Babcock, 3939, C.E.G. 1235 Date Prepared by: Kirk Larson, P.G. Page 2 of 9 Inco Service Station 796 West 5"' Street, San Bernardino Claim No: 12690 June 2013 ATTACHMENT 1: COMPLIANCE WITH STATE WATER BOARD POLICIES AND STATE LAW The case complies with the State Water Resources Control Board policies and state law. Section 25296.10 of the Health and Safety Code requires that sites be cleaned up to protect human health, safety, and the environment. Based on available information, any residual petroleum constituents at the site do not pose significant risk to human health, safety, or the environment. The case complies with the requirements of the Low -Threat Underground Storage Tank (UST) Case Closure Policy as described below.' Is corrective action consistent with Chapter 6.7 of the Health and Safety ® Yes []No Code and implementing regulations? The corrective action provisions contained in Chapter 6.7 of the Health and Safety Code and the implementing regulations govern the entire corrective action process at leaking UST sites. If it is determined, at any stage in the corrective action process, that UST site closure is appropriate, further compliance with corrective action requirements is not necessary. Corrective action at this site has been consistent with Chapter 6.7 of the Health and Safety Code and implementing regulations and, since this case meets applicable case -closure requirements, further corrective action is not necessary, unless the activity is necessary for case closure. Have waste discharge requirements or any other orders issued pursuant to ❑ Yes m No Division 7 of the Water Code been issued at this case? If so, was the corrective action performed consistent with any order? ❑ Yes ❑ No ® NA General Criteria General criteria that must be satisfied by all candidate sites: Is the unauthorized release located within the service area of a public water p Yes ❑ No system? Does the unauthorized release consist only of petroleum? m Yes ❑ No Has the unauthorized ("primary") release from the UST system been p Yes ❑ No stopped? Has free product been removed to the maximum extent practicable? ❑ Yes ❑ No ® NA Has a conceptual site model that assesses the nature, extent, and mobility p Yes ❑ No of the release been developed? Refer to the Low -Threat Underground Storage Tank Case Closure Policy for closure criteria for low -threat petroleum UST sites. htto://www.waterboards.ca.Qov/board decisions/adooted orders1resolutions/2012/rs2012 0016atta.pdf Page 3of9 Inco Service Station 796 West 5t" Street, San Bernardino Claim No: 12690 June 2013 Has secondary source been removed to the extent practicable? ® Yes ❑ No Has soil or groundwater been tested for MTBE and results reported in accordance with Health and Safety Code Section 25296.15? ® Yes ❑ No Nuisance as defined by Water Code section 13050 does not exist at the m Yes ❑ No site? i Are there unique site attributes or site-specific conditions that demonstrably increase the risk associated with residual petroleum constituents? Media -Speck Criteria Candidate sites must satisfy all three of these media -speck criteria: 1. Groundwater: To satisfy the media -specific criteria for groundwater, the contaminant plume that exceeds water quality objectives must be stable or decreasing in areal extent, and meet all of the additional characteristics of one of the five classes of sites: Is the contaminant plume that exceeds water quality objectives stable or decreasing in areal extent? { Does the contaminant plume that exceeds water quality objectives meet all of the additional characteristics of one of the five classes of sites? If YES, check applicable class: ❑ 1 ❑ 2 ❑ 3 ❑ 4 ❑ 5 For sites with releases that have not affected groundwater, do mobile constituents (leachate, vapors, or light non -aqueous phase liquids) contain sufficient mobile constituents to cause groundwater to exceed the groundwater criteria? 2. Petroleum Vapor Intrusion to Indoor Air: The site is considered low -threat for vapor intrusion to indoor air if site-specific conditions satisfy all of the characteristics of one of the three classes of sites (a through c) or if the exception for active commercial fueling facilities applies. Is the site an active commercial petroleum fueling facility? Exception: Satisfaction of the media -specific criteria for petroleum vapor intrusion to indoor air is not required at active commercial petroleum fueling facilities, except in cases where release characteristics can be reasonably believed to pose an unacceptable health risk. a. Do site-specific conditions at the release site satisfy all of the applicable characteristics and criteria of scenarios 1 through 3 or all of the applicable characteristics and criteria of scenario 4? If YES, check -applicable scenarios: ❑ 1 ❑ 2 ® 3 ❑ 4 Page 4of9 ❑ Yes ® No ❑ Yes ❑ No ® NA ❑ Yes ❑ No ® NA ❑ Yes ®No ❑ NA ❑ Yes ® No ©Yes ❑ No ❑ NA Inco Service Station 796 West Vh Street, San Bernardino Claim No: 12690 June 2013 b. Has a site-specific risk assessment for the vapor intrusion pathway ❑ Yes ❑ No ® NA been conducted and demonstrates that human health is protected to the satisfaction of the regulatory agency? c. As a result of controlling exposure through the use of mitigation measures or through the use of institutional or engineering ❑ Yes [:]No ® NA controls, has the regulatory agency determined that petroleum vapors migrating from soil or groundwater will have no significant risk of adverseiv affecting human health? 3. Direct Contact and Outdoor Air Exposure: The site is considered low -threat for direct contact and outdoor air exposure if site-specific conditions satisfy one of the three classes of sites (a through c). a. Are maximum concentrations of petroleum constituents in soil less ® Yes ❑ No ❑ NA than or equal to those listed in Table 1 for the specified depth below ground surface (bgs)? b. Are maximum concentrations of petroleum constituents in soil less ❑ Yes ❑ No ® NA than levels that a site specific risk assessment demonstrates will have no significant risk of adversely affecting human health? c. As a result of controlling exposure through the use of mitigation ❑ Yes ❑ No ® NA measures or through the use of institutional or engineering controls, has the regulatory agency determined that the concentrations of petroleum constituents in soil will have no significant risk of adversely affecting human health? Page 5 of 9 Inco Service Station 796 West 5"' Street, San Bernardino Claim No: 12690 June 2013 ATTACHMENT 2: SUMMARY OF BASIC CASE INFORMATION (Conceptual Site Model) Site Location/History • The Site is located at 796 West 5t' Street in San Bernardino and is a vacant service station. • The Site is bounded by North H Street to the west, empty lots to the north and east, and West 5`h Street to the south. The surrounding land use is mixed residential and commercial. • In December 1990, soil contamination was identified by an environmental investigation. • Four monitoring wells have been installed and monitored regularly; all wells have been dry since 2003. • Site map showing the location of the USTs, monitoring wells and site features is provided at the end of this closure review summary. • Nature of Contaminants of Concern: Petroleum hydrocarbons only. • Source: UST system. • Date reported: April 1991. • Status of Release: USTs removed. • Free Product: None reported. Tank Information Tank No. Size in Gallons Contents Closed in Place/ Date Removed/Active 1 10,000 Gasoline Removed May 95 2 8,000 Gasoline Removed May 95 3 6,000 1 Gasoline Removed May 95 Receptors • GW Basin: Upper Santa Ana Valley — Bunker Hill. • Beneficial Uses: Municipal and Domestic Supply. • Land Use Designation: None Specified. Aerial photograph available on GeoTracker show the land use is mixed commercial and residential in the vicinity of the Site. • Public Water System: San Bernardino Valley Water District. • Distance to Nearest Supply Well: According to data available in GeoTracker, there are no public supply wells regulated by CDPH within 250 feet of the defined plume. No other water supply wells were identified within 250 feet of the defined plume in the files reviewed. • Distance to Nearest Surface Water. There is no identified surface water within 250 feet of the defined plume. Geology/Hydrogeology • Stratigraphy: The Site is underlain by interbedded and intermixed gravel, sand, with numerous three to five feet thick silty clay to clayey silt lenses; interspersed with coarse grained beds. • Maximum Sample Depth: 130 feet below ground surface (bgs). • Minimum Groundwater Depth: 69.80 feet bgs at monitoring well MW -2. • Maximum Groundwater Depth: 125-130 feet bgs. • Current Average Depth to Groundwater: 125 -130 feet bgs. • Saturated Zones(s) Studied: Approximately 125 - 130 feet bgs. • Groundwater Flow Direction: Historically, southeast. Page 6 of 9 Inco Service Station 796 West 5th Street, San Bernardino Claim No: 12690 Monitoring Well Information Well Designation I Date Installed MWANP-1 MW-2NP-2 MW-3NP-3 MW -4 CB -5 8/1999 8/1999 8/1999 11/2000 1/2010 Screen Interval (feet bgs) _ 68-88 74-89 68-88 65-90 Grab June 2013 Depth to Water (feet bgs) 125-130 Remediation Summary • Free Product: No free product was documented in GeoTracker. • Soil Excavation: Unknown • In -Situ Soil Remediation: Soil vapor extraction was conducted from March 2001 through May 2009, intermittently, removed approximately 27,545 pounds. In May 2009, the rate of TPHg removal was 7.4 pounds/day. Soil vapor extraction was conducted from June 2011 through present, which removed 2,493 pounds of TPHg and 30,038 gallons of contaminated groundwater. The residual petroleum hydrocarbons are confined to fine grained soils between approximately 25 to 35 feet bgs. (EAR, 2010) • Groundwater Remediation: No groundwater remediation has been conducted Most Recent Concentrations of Petroleum Constituents in Soil Constituent Maximum 0-5 feet bgs [mg/kg and date Maximum 5-10 feet bgs [m/kg and date Benzene <0.001 5' in CB -1 1/2010 <0.001 10' in CB -1 1/2010 Eth (benzene <0.001 5' in CB -1 1/2010 <0.001 10' in CB -1 1/2010 Naphthalene <0.0018 Vin CB -1 1/2010 <0.0018 10' in CB -1 112010 PAHs <2 NA MW -3 NA NA: Not Analyzed, Not Applicable or Data Not Available mglkg: milligrams per kilogram, parts per million <: Not detected at or above stated reporting limit PAHs: Polycyclic aromatic hydrocarbons Most Recent Concentrations of Petroleum Constituents in Groundwater Sample Sample Date TPHg (Ng/L) Benzene (Ng/L) Toluene (Ng/L) Ethyl- Benzene /L <0.3 Xylenes (Ng/L) <0.5 MTBE (Ng/L) <2 TBA (Ng/L) NA MW -1 01/14/2003 <100 <0.3 <0.3 MW -2 01/14/2003 <100 <0.3 <0.3 <0.3 <0.5 <2 NA MW -3 01/14/2003 <100 <0.3 <0.3 <0.3 <0.5 <2 NA MW -4 01/14/2003 <100 <0.3 <0.3 <0.3 <0.5 <2 NA CB -1 1/8/20102 ND° ND° NDS ND° ND° ND` ND° WQOs - 1 150 700 1,750 5 1,200 NA: Not Analyzed, Not Applicable or Data Not Available Ng/L: micrograms per liter, parts per billion <: Not detected at or above stated reporting limit TPHg: Total petroleum hydrocarbons as gasoline MTBE: Methyl tert-butyl ether TBA: Tert-butyl alcohol —: The Regional Water Board, Basin Plan does not have a numeric value for TPHg WQOs: Water Quality Objectives, Regional Water Board, Basin Plan Grab groundwater samples collected in a 2010 confirmation boring assessment. e: California Department of Public Health, Response Level Detection limits not reported in the 2010 report nor on GeoTracker. Page 7 of 9 Inco Service Station June 2013 796 West 5t' Street, San Bernardino Claim No: 12690 Groundwater Trends Soils only case, fine grained soil containing residual petroleum hydrocarbons are between 25 and 35 feet below ground surface. (EAR, 2010) Evaluation of Current Risk • Estimate of Hydrocarbon Mass in Soil: None reported. • Soil/Groundwater tested for methyl tert-butyl ether (MTBE): Yes, see table above. • Oxygen Concentrations in Soil Vapor: None reported. • Plume Length: Soils only case. • Plume Stable or Decreasing: Yes. • Contaminated Zone(s) Used for Drinking Water: No. • Groundwater Risk from Residual Petroleum Hydrocarbons: Groundwater Exclusion: It appears this Site does not contain sufficient mobile constituents to cause groundwater to exceed the groundwater criteria in the Policy and the Site shall be considered a low -threat site for the groundwater medium. • Indoor Vapor Risk from Residual Petroleum Hydrocarbons: The case meets Policy Criterion 2a by Scenario 3a. The maximum benzene concentration is less than 100 pg/L, the minimum depth to groundwater is greater than 5 feet, and is overlain by soil containing less than 100 mg/kg of TPI -Ig. • Direct Contact Risk from Residual Petroleum Hydrocarbons: The case meets Policy Criterion 3a. Maximum concentrations in soil are less than those in Policy Table 1 for Commercial/Industrial land use and the concentration limits for a Utility Worker are not exceeded. Page 8 of 9 Inco Service Station 796 West 5"' Street, San Bernardino Claim No: 12690 June 2013 -I FARKWO I ... I 7 j ----FENCE LINE .-VAPOR IxrRAcnDN 1SYSTEM uxaTaN �1 I — --� Mw— T (vP ) EB-; - IRK, --------, I I CVW—R) � OK CAS � T ANi ��__ 8 3K ' 1 t I m EB-7(vP4)dr m lLi? RomeI • i � � i ` 55 V1Y_6D — - — - � —ABOVE GROUND PIPIN13 LAYOUT (Z- PVC) MW -3 V�q� 1412 DRAIN LAIN: GI MW -2 (VP2) - - — - - —.�j 5th STREET PREVIOUS EAR BORING FORMER U.5.T.'s B - FORMER GASOLINE DISPENSERS AS GASOLINE (1PH-G rrq/kg) a BORINGS CONVERTEO AS VAPOR WELLS (3) O = VAPOR MRNROTMNO PROBES 4h= GROUNDWATER MONITORING WELLS 1R, ALL LOCATIONS AND 0UENSK*G ARE APPROXWATE i =� e ABOVE OR OUND PIPM 2, CHECKED WITH A SURVEYOR DATA (APPROXsMATE SCALE) EMCNEMM II"Id wr m r. UV.. WNSTRUCUON SITE PLOT PLAN O. ACNARYA ��� � INCO GAS 798 WEST 6TH STREET DEW: aab ire: 3Fgmr_ I Neale r! iw �, ora am a sas SAN BERNARDINO. CA 92410 r:, MI) nwrs 10/03/01 824858 2 AS SHOWN F. BMW Page 9 of 9 CITY OF SAN BERNARDINO AGREEMENT FOR PROFESSIONAL SERVICES BROWN AND CALDWELL This AGREEMENT FOR PROFESSIONAL SERVICES (this "Agreement") is made and entered into as of December_S_, 2017 (the "Effective Date") by and between the CITY OF SAN BERNARDINO in its Capacity as Successor Housing Agency to the Redevelopment Agency of the City of San Bernardino (the "City"), a public body, corporate and politic, and BROWN AND CALDWELL (the "Consultant"). The City and the Consultant are sometimes referred to herein collectively as the "Parties" and individually as a "Party." NOW, THEREFORE, IN CONSIDERATION OF THE COVENANTS AND MUTUAL PROMISES CONTAINED HEREIN AND FOR OTHER GOOD AND VALUABLE CONSIDERATION, THE ADEQUACY AND RECEIPT OF WHICH ARE HEREBY ACKNOWLEDGED, THE PARTIES HERETO AGREE AS FOLLOWS: SUPERVISION OF CONSULTANT. The individuals designated in Exhibit "A" (the "Designated Staff') shall be responsible for the direction of any work to be performed by the Consultant and any other consultants or sub -consultants to the City under this Agreement. The Consultant shall not undertake any work under the terms of this Agreement unless instructed to do so by one of the Designated Staff. No other staff member is authorized by the City to request services from the Consultant. 2. TERM OF AGREEMENT. The term of this Agreement shall commence on the Effective Date stated above 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 City reserves the right through the actions of the City Manager to terminate this Agreement at any time either with or without cause and at the sole convenience of the City upon delivery of notice of termination to the Consultant; provided, however, that upon the effective date of any such termination, the City shall be responsible to pay and/or reimburse the Consultant for all services, materials and supplies as have been furnished to the City in accordance with the Scope of Services as referenced in Section 3. 3. SCOPE OF SERVICES OF THE CONSULTANT AND ITS SUB -CONTRACTORS. A. The City 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 in said Scope of Services within the time periods to be specified by the Designated Staff. B. The City hereby retains the Consultant to provide subcontractors and/or subconsultants as determined by the Parties to be appropriate to complete the Scope of Services. The City shall have reasonable right of approval for any sub -contractors and subconsultants that the Consultant may desire to hire. However, the City will not unreasonably withhold its approval. C. The Consultant and its subcontractors and sub -consultants shall comply with all applicable laws governing employment and working conditions on public works projects, including without limitation the provisions of California Labor Code (the "Labor Code") sections 1720 et seq. relating to the payment of prevailing wages. The Consultant is solely responsible for knowing and ensuring compliance by itself and its subcontractors and sub - consultants with all such laws. The City makes no representation as to the applicability or non -applicability of any such laws. The Consultant shall defend with counsel reasonable acceptable to the City and indemnify and hold harmless the City from any liability arising out of the failure of the Consultant or any of its subcontractors or sub -consultants to comply with or ensure compliance with such laws. D. The City shall have the right to interview any craft or worker on the project site in order to verify payment of prevailing wage rates in accordance with the State of California Department of Industrial Relations Requirements and Section 1773 of the Labor Code. Prevailing wages paid shall comply with current rates and all updates. 4. PAYMENT BY CITY FOR WORK PERFORMED BY CONSULTANT. A. The City shall compensate the Consultant in an aggregate amount not to exceed $79,196.00 for completion of the services described in the Scope of Services set forth in Exhibit `B," billed to the City on a time and materials basis for the hours worked by each individual listed on Exhibit `B" and at the hourly rates set forth for each such individual. 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 and sub -consultants 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, photocopying, all necessary permits, fax transmission, postage, copies and all other expenses related to completion of the work set forth in the Scope of Services. C. The Consultant shall invoice the City for work performed and reimbursable expenses incurred 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: City of San Bernardino Attention: Lisa Connor, Project Manager 290 North "D" Street, Yd Floor San Bernardino, California 92401 E. Each invoice of the Consultant shall set forth the time and reimbursable 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 subcontractors or sub - consultants utilized by the Consultant during the time period covered by the invoice, a description of the professional services or other work 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 City shall pay all amounts set forth on the invoices of the Consultant and approved by the Designated Staff personnel who requested the services within thirty (30) days after such approval. 5. RECORDS RETENTION. Records, maps, field notes and supporting documents and all other records pertaining to services performed or the use of funds paid to the Consultant hereunder shall be retained by the Consultant and available to the City for 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 City 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 4 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 City 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 with counsel reasonably acceptable to the City, indemnify and hold harmless the City, 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 attorney fees, for injury or damage of any type claimed as a result of the willful misconduct or negligent acts or omissions of the Consultant, its officers, employees, subcontractors, sub -consultants and agents, to the extent arising from or related to willful misconduct or negligent performance by the Consultant or its subcontractor or subconsultant of the work required under this Agreement. The indemnification obligations imposed by this section are in addition to and do not limit the Consultant's indemnification obligations under Section 3 of this Agreement. T 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 City pursuant to Sections 3 and 6 above to the extent the Consultant is not covered by applicable insurance for all losses and damages incurred by the City that are caused directly or indirectly through the actions or inactions, willful misconduct or negligence of the Consultant or its officers, employees, subcontractors, sub -consultants and agents in the performance of its duties 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, utilizations, correspondence or other documents generated by or on behalf of the Consultant for performance of the work set forth in the Scope of Services (collectively, the "Work Products") shall upon payment for those services embodying the particular element of the Work Products become the sole property of the City, and the Work Products shall thereafter be delivered to the City upon written request from the City to the Consultant. The Consultant shall not make use of any Work Products whether for marketing purposes or for use with other clients when such have become the property of the City without the prior express written consent of the City except to the extent that such Worl Products 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 its business records. The Consultant shall execute, acknowledge and perform any and all acts which shall reasonably be required in order for the City to establish unequivocal ownership of the Work Products. Any reuse by the City without written verification or adaptation by the Consultant for the specific purpose intended will be at the City'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 City and shall include the City seal. 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 City designates as 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 City. 11. DEFAULT AND REMEDIES. A. Failure or delay by either 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 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 diligently completes such cure, correction or remedy, such Party shall not be deemed to be in default hereunder. B. The Party claiming that a default has occurred shall give written notice of default to the Party claimed to be 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 Party claiming default shall have no right to exercise any remedy for a default hereunder without delivering the written default notice, as specified in Subsection I I.A. 4 above. 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 either 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 following a default of either Party to this Agreement the defaulting Party does not commence to cure the default within seven (7) calendar days following written notice, as provided above, a "breach" shall be deemed to have occurred. In the event of a breach, the non -breaching Party shall be entitled to seek any appropriate remedy or damages by initiating legal proceedings. 12. TERMINATION. A. This Agreement maybe terminated by either Party for any reason by giving the other Party fifteen (15) calendar days' prior written notice. In the event of such a termination the City shall pay the Consultant for all work authorized by the City and completed prior to the effective termination date. B. In the event of a termination of this Agreement under this Section 12, the Consultant shall provide all Work Products to the City within ten (10) calendar days of notice of such termination and without additional charge to the City. 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 date of receipt or refusal to accept, as established by the return receipt. This Section 13 shall not prevent the Parties 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 its address for receipt of written notice by notifying the other Party in writing of a new address for delivering notice to such Party. CONSULTANT: Brown and Caldwell Attention: James K. Nguyen, Supervising Engineer 18200 Von Karman Avenue, Suite 400 Irvine, CA 92612 CITY: City of San Bernardino Attention: Andrea M. Miller, City Manager 290 North "D" Street, Yd Floor San Bernardino, California 92401 14. COMPLIANCE WITH LAW. The Consultant and its subcontractors and sub -consultants 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 performed by the Consultant under this Agreement. The Consultant is solely responsible for knowing all such laws and for ensuring compliance with such laws by itself and its subcontractors and sub -consultants. The City makes no representation as to the applicability or non -applicability of such laws. The Consultant shall defend with counsel reasonable acceptable to the City and indemnify and hold harmless the City from any liability arising out of the failure of the Consultant or any of its subcontractors or sub -consultants to comply with or ensure compliance with such laws. The Consultant and its subcontractors and sub -consultants shall maintain all necessary licenses, including a City of San Bernardino Business License, and registrations for the lawful performance of the work required of the Consultant under this Agreement. 15. NONDISCRIMINATION. The Consultant and its subcontractors and sub -consultants 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 performance of the Scope of Services of this Agreement. Without limitation, the Consultant hereby certifies that it and its subcontractors and sub -consultants will not discriminate against any employee or applicant for employment because of race, color, religion, sex, marital status of national origin. Further, the Consultant and its subcontractors and sub -consultants shall promote affirmative action in their 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 and its subcontractors and sub -consultants 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 AND SUB -CONSULTANT ARE INDEPENDENT CONTRACTORS. The Consultant and each of its subcontractors and sub - consultants shall at all times during the performance of any work described in the Scope of Services be deemed to be an independent contractor. Neither the Consultant nor any of its subcontractors or sub -consultants shall at any time or in any manner represent that it or any of its employees are employees of the City. The City 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 or sub -consultants to perform any item of work described in the Scope of Services. The Consultant is entirely responsible for the immediate payment of all subcontractor and sub -consultant 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, 6 and each term 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 written 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 City. 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 Party 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 CITY. This Agreement shall not be binding on the City until signed by an authorized representative of the Consultant, approved by the City and executed by the City Manager or her designee. 26. CONFLICTS OF INTEREST. The Consultant hereby represents that it has no interests adverse to the City at the time of execution of this Agreement except as previously disclosed to the Designated Staff and in particular with respect to other work being performed by the Consultant for the City. The Consultant hereby agrees that, during the term of this Agreement, the Consultant shall not enter into any agreement or acquire any interests detrimental or adverse to the City. Additionally, the Consultant hereby represents and warrants to the City that the Consultant and any partnerships, individual persons or any other party or parties comprising the Consultant, together with each subcontractor and sub -consultant 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 City, property over which the City has jurisdiction or any members or staff of the City that have not been previously disclosed in writing, and that any such property ownership interests, business interests, professional employment relationships, contractual relationships of any nature or any other financial arrangements will not adversely affect the ability of the Consultant to perform the services to the City as set forth in this Agreement. 27. NON -EXCLUSIVITY. This Agreement shall not create an exclusive relationship between the City and the Consultant for the services set forth in Exhibit `B" or any similar or related services. The City 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 City reserves the discretion and the right to determine the amount of services to be performed by the Consultant for the City 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 City by the Consultant, if such services are requested by the City, as set forth in this Agreement. 28. CONSEQUENTIAL DAMAGES & LIMITATION OF LIABILITY. The City and the 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 special damages, loss of revenue, loss of profit, operating costs or business interruption losses, regardless of cause, including breach of this Agreement, 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 City, their employees or sub -consultants. 29. BUSINESS REGISTRATION CERTIFICATE. The Consultant warrants that it possesses, or shall obtain immediately after the execution and delivery of this Agreement, and maintain during the period of time that this Agreement is in effect, a business registration certificate pursuant to Title 5 of the City of San Bernardino Municipal Code, together with any and all other licenses, permits, qualifications, insurance and approvals of whatever nature that are legally required to be maintained by the Consultant to conduct its business activities within the City. 30. PREEXISTING CONDITIONS. City acknowledges Consultant will perform part of the work at project sites that may contain hazardous materials or pollution conditions ("Preexisting Pollution Conditions"), and that Consultant had no prior role in the generation, treatment, storage, or disposition of such materials. In consideration of the associated risks that may give rise to claims by third parties or employees of City, City agrees to hold Consultant harmless (including attorneys' fees and other legal expenses) from any and all losses, damages, claims, or actions that result from or are attributable to such Preexisting Pollution Conditions, except to the extent claims arise out of Consultant's sole negligence or willful misconduct. 31. DISPOSAL OF WASTE MATERIALS. City will remain responsible as the generator of record for the disposal of contaminated and other waste materials generated by Consultant on 8 City's site. Accordingly, City shall sign all regulatory paperwork, including waste manifests or bills of lading. In the event City is not able to directly arrange for the disposal of contaminated materials as referenced in the scope of services, City authorizes Consultant to hire, on behalf of and as agent of City, subcontractors to transport and dispose of contaminated or other waste material generated from City's site(s). It is understood and agreed that Consultant shall not be deemed to be, and is not responsible as an owner, generator, operator, transporter, arranger or other "person" as described in Section 107(a) of the Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"), as amended, or Section 7002 of the Resource Conservation and Recovery Act ("RCRA"), or applicable state or local laws. Rather, Consultant acts at the direction of City solely as its agent to arrange for the transportation, storage, treatment, or disposal of the contaminated materials generated from City's site(s). [SIGNATURES ON FOLLOWING PAGE] 9 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. CITY OF SAN BERNARDINO in its Capacity as Successor Housing Agency to the Redevelopment Agency of the City of San Bernardino, a public body, corporate and politic Dated: Z l l 1`7 By:I (Lk 41 An ea M. Miller City Manager Approved as to Form By: .0t ttorney BROWN AND CALDWELL Dated: 11 It -44 RiTdh - By: n r Name: � -(M�ta' Title: /' `RRA51,P16 10 EXHIBIT "A" SUPERVISORY STAFF PERSONNEL City Staff Andrea M. Miller, City Manager Lisa Connor, Project Manager City Designated Staff Kathleen Robles, Senior Project Manager, Urban Futures, Inc. EXHIBIT "B" BROWN AND CALDWELL SCOPE OF SERVICES OCTOBER 31, 2017 18200 Von Karman Avenue, Suite 400 Irvine, CA 92612 T: 714.730.7600 F: 714.734.0940 October 31, 2017 Brown AND Caldwell Ms. Lisa Connor Project Manager Successor Agency to the Redevelopment Agency of the City of San Bernardino 290 North D Street San Bernardino, California 92401 SID 78034 Subject: Proposal to Abandon Extraction and Monitoring Wells at the Former INCO Service Station located at 796 West 5th Street, San Bernardino, California Dear Ms. Connor: Brown and Caldwell (BC) is providingthis proposal to abandon extraction and monitoring wells at the former INCO Service Station located at 796 West 5th Street, San Bernardi- no, California (hereafter the "Site"). This proposal is provided per Ms. Kathleen Robles' September 12, 2017, request on behalf of the City of San Bernardino (City). The pro- posed scope of work is outlined in the section below. Scope of Work Pre -Field Work • Update the Site-specific health and safety plan. The plan will address health and safety matters related to well abandonment activities. • Coordinate with a drilling subcontractor and obtain subcontract agreement for services associated with well abandonment activities. • Coordinate with a laboratory to characterize the investigation -derived waste (IDW) generated during well abandonment activities. • Coordinate with waste disposal company to pick up and dispose of IDW waste generated during abandonment activities. • Apply and obtain well abandonment permits from San Bernardino County, Public Health, Environmental Health Services (15 total). • Notify DigAlert of planned drilling activity. Abandon 15 Monitoring Wells • Due to Site demolition activities, including removal of the asphalt surface and all well .covers and boxes related to the monitoring wells, an air -knife rig will be used in an effort to locate the 15 monitoring wells. • Abandon 15 extraction/monitoring wells. This includes five extraction wells, six vapor monitoring wells, and four groundwater monitoring wells. Well diameters, depths, and locations of the wells are included in Attachment A. Depending upon the results of the well search using the air -knife rig, not all the wells may be found. (with Ms. Connor October 31, 2017 Page 2 • Abandon the wells per the California Department of Water Resources Bulletin Nos. 74-81 and 74-90 and San Bernardino County guidelines. • At the City's request, a 15 percent contingency was added to the budget to address any issues that may come up during abandonment activities. Summary Report • Prepare a letter summary report to document well abandonment activities. • Prepare well abandonment logs (up to 15). • Prepare a figure showing locations of the abandoned wells. Meeting One meeting is included to meet with the Santa Ana Regional Water Quality Control Board (RWQCB) at their office in Santa Ana, California. In addition, BC will periodically follow-up with the RWQCB and the State Water Resource Control Board to assist in obtaining Site closure. Follow-ups will be conducted for a period of six months (budget includes up to four hours per month). Deliverables For work outlined in this proposal, the items planned for delivery are: A draft letter summary report; and • After review and comment by the City, a final letter summary report will be prepared and submitted to the City. Schedule and Work Authorization Work described in this proposal can be initiated within five working days of your written notice to proceed and signed contract. We anticipate completing the scope of work in approximately seven weeks. The estimated duration is summarized below. • Obtain final bids, procure contractors, and obtain well abandonment permits (three weeks); • Conduct fieldwork (one week); • Prepare draft letter summary report (one week); • Review by the City (one week); and • Prepare final letter summary report (one week). Cost BC will perform the scope of work on a time -and -materials basis. The estimated cost to perform the scope of work is $79,196 including the 15 -percent contingency fund. As requested, the estimate includes prevailing wage for the drilling contractor. The cost is not to be exceeded without prior written authorization from the City. This estimated cost includes expenses, materials, and subcontractors necessary to complete the scope of work. A summary and labor effort breakdown are included in Tables 1 and 2, respectively. city of sb proposal_ abandon wells (with prevailing wage) Ms. Connor October 31, 2017 Page 3 The cost estimate is based on the following assumptions: • Unencumbered Site access. • Field time for all activities is based on a minimum of eight hours on Site. If time is restricted, additional mobilization/demobilization charges may be incurred. • The cost is limited to one field day for air knife work to locate the wells, four field days to abandon the wells, and one extra day for contingency. • Any waste materials existing or generated at the Site, whether or not associated with the scope of work, shall at no time become the property or liability of BC. All soil and decontamination water generated during subsurface investigation activities will be collected in appropriate containers, and labeled. BC will assist with profiling and disposal of the IDW. The waste manifests will be signed by a City representative. • San Bernardino County will approve abandonment of these wells by drilling out the top five feet of the well casing and filling the well casing with appropriate seal mate- rial (cement -bentonite mix). We greatly appreciate the opportunity to support this project. Please feel free to contact Jim Nguyen at (714) 689-4819 if you have questions. Very truly yours, Brown and Caldwell, a California Corporation FQ. 44 Reinhard Ruhmke, P.G. James K. Nguyen, Managing Geologist Project Manager RR:JN:ksy cc: Ms. Kathleen Robles, Urban Futures, Inc. Attachments (3): • Attachment A -Well Locations • Tables 1 and 2 - Cost Estimates Attachment A: Well Locations city of so pioposalabcndon wells (wfth prevailing wage) II I PROPERTY LINE F-----F-0-0TPRl`NT—OF FORMER 2$0 GALLON WASTE. 01L I ASPHALT MW -4 F CLARIFIER I G 0 1 CB -9 i � � I CB -7 /—FENCE 4 I 1 I I 1 1 GSS--8 I G OFFICE FILL PIPE I n _v 11-1 1 I SERVICE BAY _ • GROUND SOIL (2010) CB -8/ VAPOR EXTRACTION REPORT' (EAR, JANUARY 26, 2010) [i VAPOR EXTRACTION MONITORING WELLS SYSTEM 1 �--- Q PREVIOUS EAR BORINGS (1998) MW-1(VPI) Q GEO-SEC BORING LOCATIONS ( ) EXISTING CANOPY 0 25 O TOXGAURD BORING LOCATIONS (1991) TX -30 I ON A SURVEY PERFORMED BY CALVADA O SURVEYING, INC. AUG. 12, SOME LOCATIONS ARE APPROXIMATEATE D. FOOTPRINT OF 14 VW_l I G� FORMER I UNDERGROUND I GS -1 I GS STORAGE TANKS GS -3Q -501 VP -50o - — ---- I I G 7 __ 3 MW -3 VP -3) CB -50 o VW-4S/4D L-- -- 0 VP -4@ © O CB -6 I ❑ I C�3 I CB -10 OCR -12 I I I I I I I Qo VP -6 VW-5S/5D@l& *j TX -1 TX -2 *CB -i i DISPENSERS GSS--2 I I — — — $ MW-2(VP-2) — — SIDEWALK 5TH STREET (HWY 66) EXPLANATION O SVE WELLS NOTE: SOIL BORINGS (2011) 1) SOURCE OF FIGURE ARE BASE ON "CONFIRMATION, BORINGS • GROUND SOIL (2010) SAMPLING AND WEL1L INS ALLATIONER * CONFIRMATION BORINGS (2009) REPORT' (EAR, JANUARY 26, 2010) [i VAPOR EXTRACTION MONITORING WELLS • "GROUNDWATER ASSESSMENT AND SOIL (1999,2000) VAPOR EXTRACTION PILOT TEST Q PREVIOUS EAR BORINGS (1998) REPORT' (EAR, DECEMBER 9, 1999) Q GEO-SEC BORING LOCATIONS ( ) • (1995 (UST CLOSURE REPORT" CONSTRUCTION WEST, MAY 24, 1999) 0 25 O TOXGAURD BORING LOCATIONS (1991) 2) LOCATIONS AND DIMENSIONS ARE BASED GROUNDWATER MONITORING WELLS ON A SURVEY PERFORMED BY CALVADA APPROXIMATE AND VAPOR MONITORING PROBE SURVEYING, INC. AUG. 12, SOME LOCATIONS ARE APPROXIMATEATE D. SCALE IN FEET Attachment A SVE WELL LOCATIONS 796 WEST 5TH STREET SAN BERNARDINO, CALIFORNIA FORMER INCO GAS STATION 796 Vilest 5th Street San Bernardino, California WELL ID DATE INSTALLED BOREHOLE DIAMETER (inches) WELL CASING DIAMETER (inches) DEPTH TO BOTTOM OF CASING (feet below ground surface) VAPOR EXTRACTION MONITORING WELLS VW -1 08/05/99 10" 4" 35' VW-4S/D 11/17/00 10" 2" 70 VW-5S/D 11/17/00 10" 2" 70' SOIL VAPOR EXTRACTION WELLS CB -1 01/06/10 10" 2" 30 CB -2 01/07/10 10" 2" 35' CB -4 03/16/11 2.25" 3/4" 38' CB -6 03/17/11 2.25" 3/4" 38' CB -12 10/13/11 1 2.25"1 3/4" 38' VAPOR MONITORING PROBES VP -4 10/22/99 10" 1.5" 35' VP -5 10/22/99 10" 1.5" 35' VP -6 10/22/99 10" 1.5" 35' GROUNDWATER MONITORING WELLS MW-1/(VP-1) 08/05/99 10" 4" 88' MW-2/(VP-2) 08/06/99 10" 4" 89' MW-3/(VP-3) 08/13/99 10" 4" 88' MW -4 11/14/00 10" 4" 90' VW -4S nested with VW -4D, VW -5S nested with VW -51) VP -1 nested with MW -1, VP -2 nested with MW -2, VP -3 nested with MW -3 Tables Table 1 - Cost Estimate with Detailed Labor Costs Table 2 - Abandon Wells N W .+ <O O N i d' r= LL7 V 0 0 0 O Ot O 1-I 01 a � C1 O f0 N O CO I0 N I0 O C a' C O r W O N O W— N N l0 ••i •-� N ; r N O C7 w a•i LL7 N f- 1- m N C4 f f- O cl r O r N 00 •••140 l'9 N w w• w v0 H N N 1, N N .a w a Ih CO c wlwt IA OO �tf � .N-•1 N A T w w w w p 40 p w w w � 1 � j E e6 m� n i 3 L^ ai O 1S m �e ae in I k I � u� v m o li o N OI tCl ill N N IA Op 4! LLi -•i .y .4 CV w w w m � .O .Ln + O r3 0N O O n N Q N N Y '115 w a y N Q o. }? E! ._ CL O Y N C O N C O O � Y N O N C) N N ✓ 7 a w �c a o w w wl w N � 3 i IA OO �tf � .N-•1 N A T w E a m= rl .w H ..•� N 1 � j E e6 m� n i 3 L^ ai O 1S m �e ae in I k I � u� v m o li o I m o o X w w w v N m� M w .Ln + H N W w w O r3 0N O O n N Q N N Y '115 w a y N Q o. }? E! ._ CL O Y N C O N C O O � Y N O N C) N N ✓ 7 a w �c a o 0 i N � 3 A aaw E a m= y � j E e6 m� n i 3 L^ a �`�•�n^ w O 1S m �e ae in I O r3 0N O O n N Q N N Y '115 w a y N Q o. }? E! ._ CL O Y N C O N C O O � Y N O N C) N N ✓ 7 Table 2: Abandon Wells Projectsetup and contracting(WS, PMP prep, team communication] Coordination, contract, and scheduling with subs (driller, lab__, and w. Update HSP Field Work: Feld Prep/Pre-field kickoff meet! ng/mark well locations/apply wel Air knife to locate 15 wells (1 day) -.- ........ _ Abandon wells (4 days) Contingency for potential issues during abandoment activities Demobe ......... .............. Waste disposal coordination (sampling, profiling, manifesting, Meeting with the Santa Ana RWQCB (prep for meeting, meeting in S. Follow ups with SWRCB and Santa Ana RWQCB (6 months after abai Prepare draft letter report 4 Prepare final letter report 1 One conference call with City of SB QAQC Project Management (budget, schedule management, communicatii 5 $116 $580 4 u. 12 $1,816 2 11 �� $1,657 2 9 $1,350 0 $0 12 $1,772 14 $2,046 60 1 $8,732 20 7$3,252 4 I� $548 •.•.•,•_ 0 $0 9 $1,425 4 20 $3,424 28 $5,288 0 $0 24 $3,546 4 2 1 10 $1,456 $402 $1,732 $4,268 2 8 8 24 27 267 $42,714 $116 $3,132 $42,714 EXIIIBIT "C" INSURANCE REQUIREMENTS At all times throughout the term of this Agreement, the Consultant and its subcontractors and sub -consultants 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: (1) Commercial General Liabilit �_ Insurance. The Consultant m each of its subcontractors and sub -consultants shall maintain commercial general liability insurance of not less than Two Million Dollars ($2,000,000.00) combined single limit, per occurrence. (2) Automobile Insurance. The Consultant and each of its subcontractors and sub - consultants shall maintain comprehensive automobile liability insurance of not less than One Million Dollars ($1,000,000.00) combined single limit per occurrence for each vehicle leased or owned by the Consultant or its sub -consultants and used in performing work under this Agreement. (3) Worker's Compensation and Employer Liability Insurance. The Consultant and each of its subcontractors and sub -consultants shall maintain worker's compensation coverage in accordance with California workers' compensation laws and employer liability coverage for all workers under the Consultant's and/or subcontractor's or sub -consultant's employment performing work under this Agreement. The policy or policies shall contain a waiver of subrogation as against the City and its officers, agents and employees. (4) Professional Liability/Errors and Omissions Coverage. The Consultant shall maintain an insurance policy covering professional liability for errors and omissions of the Consultant in performing the Scope of Services of this Agreement in an amount of not less than One Million Dollars ($1,000,000.00). (5) Concurrent with the execution of this Agreement and prior to the commencement of any work by the Consultant, and prior to the commencement of any work by a subcontractor or sub -consultant of the Consultant, the Consultant shall deliver to the City copies of policies or certificates evidencing that the insurance coverages required herein are in full force and effect. (6) All policies, except professional liability, shall be occurrence policies and not claims made policies and shall remain in full force and effect continuously throughout the term of this Agreement. (7) Each policy maintained in satisfaction of the insurance requirements of this Agreement shall provide that the policy may not be cancelled, or coverage reduced, except upon thirty (30) days prior written notice to the City. (8) General liability and automobile policies shall be primary to any insurance or self- insurance maintained by the City. (9) The policies referred to in paragraphs (1) and (2) shall provide or be endorsed to provide that the City and its officers, agents and employees are additional insureds.