HomeMy WebLinkAbout2008/11/25 Item 6
CHULA VISTA
REDEVELOPMENT
AGENCY
AGENDA STATEMENT
NOVEMBER 25,2008, Item h
ITEM TITLE:
A. RESOLUTION OF THE CHULA VISTA REDEVELOPMENT
AGENCY ACCEPTING A $400,000 COMMUNITY-WIDE
BROWNFIELDS ASSESSMENT GRANT FROM US EPA
FOR SOUTHWEST CHULA VISTA; AND AMENDING THE
FISCAL YEAR 2009 REDEVELOPMENT AGENCY
BUDGET AND APPROPRIATING $175,000 OF EPA GRANT
FU1'<'DS FOR BROWNFIELDS ASSESSMENT ACTIVITIES
SUBMITTED BY:
REVIEWED BY:
B. RESOLUTION OF THE CHULA VISTA REDEVELOPMENT
AGENCY APPROVING A TWO-PARTY AGREEMENT FOR
PROFESSIONAL SERVICES WITH SCS ENGINEERS TO
ASSIST IN THE IMPLEMENTATION OF THE FIRST STAGE
OF THE US EPA COM.MUNITY-WIDE BROWN"FIELDS
ASSESSMENT GRANT AND AUTHORIZING THE INTERIWM
EXECUTIVE DIRECTOR TO EXECUTE THE AGREE~T
-'/.
ASSISTANT DIRECTOR OF REDEVELOPMENT & HOU ING
INTERIM CITY MANAGER Y
4/STHS VOTE: YES 0 NO D
SUMMARY
The Chula Vista Redevelopment Agency (RDA) has been selected by US EP A to receive $400,000
in grant funds to inventory, characterize, assess, and plan for the cleanup and redevelopment of
contaminated properties known as "brownfields" sites in Southwest Chula Vista. Grant funds will
facilitate the creation and marketing of a brownfie1ds program and will provide free brownfields
services to property and business owners in the area. Brownfields services will assist owners in
addressing environmental roadblocks that may be hindering business growth and expansion or
improved uses of their properties.
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November 25, 2008 Item _k_
Page 2 of4
ENVIRONMENTAL REVIEW
The recommended RDA actions are exempt from the California Environmental Quality Act
("CEQA") pursuant to Section 15061 (b )(3) of the State CEQA Guidelines.
RECOMMENDATION
Agency adopt the resolutions.
BOARDS/COMMISSION RECOMMENDATION
On June 12, 2008, Redevelopment & Housing staff made an informational presentation to the
Chula Vista Redevelopment Corporation (CVRC) about the RDA's notice of selection for the
EPA grant. On November 13, 2008, the CVRC received an informational memo updating the
Board on the status of the grant work plan.
DISCUSSION
EP A Brownfields Grant
One of the major programs that a redevelopment agency can undertake is the assessment,
cleanup, and redevelopment of contaminated sites known as "brownfields" properties.
Successful brownfields programs, however, require a significant investment of upfront resources,
including both time and money. To secure "seed money" for creating a brownfields program in
Chul. Vista, Redevelopment & Housing staff prepared and submitted. propos.llast year to US
EP A to receive federal grant dollars. In 2008, US EP A ,awarded a total of $74 million in grant
funding to 1,255 nationally competitive recipients located in 43 states across the country. The
Chul. Vista Redevelopment Agency was one of those recipients and was selected by US EPA to
receive two Community-wide Brownfields Assessment grants.
During a three-year period, the grants will provide $200,000 to assess properties for hazardous
substances and another $200,000 to assess properties for petroleum contaminants. The $400,000
in combined funds will facilitate the creation and marketing of . brownfields program in
Southwest Chula Vista and will provide free brownfields services to property and business
owners in the area. Brownfields services will assist owners in addressing environmental
roadblocks that may be hindering business growth and expansion or improved uses of their
properties. The study area for the grant is the entire seven-square mile area of Southwest Chula
. Vista, consistent with the General Plan's Southwest Planning Area boundaries and the
geographic focus of the City's community building efforts in the Southwest (Southwest United
in Action).
Successful implementation of the EP A grant will provide much-needed assistance and relief to
property owners and small businesses in Southwest Chula Vista and lead to greater funding
opportunities in the future, including other federal and state grants. Future funding and
November 25, 2008 Item 'f.z,
Page 3 of 4
Seeding a Local Program
EP A Community-wide Assessment Grants provide funding for the following activities:
. Property, business owner, and community outreach and involvement.
. Development of an area-wide inventory (e.g., GIS database) ofbrownfields properties in the
study area.
. Phase I Environmental Site Assessments of candidate brownfields properties.
. Phase II Environmental Site Assessments of candidate brownfields properties.
. Remediation and reuse planning of candidate brownfields properties.
. Compliance with EP A grant requirements.
The EP A's intent for these grants is for local communities to use the funds to "seed" local
brownfields programs that can be sustained into the future. Likewise, it is staff s intent to use the
RDA's EPA grant funds to create a sustainable program that can provide ongoing fmancial and
environmental benefits to propertylbusiness owners and the general community. Since EP A
Assessment Grants can only be used to study brownfields properties and cannot be used to
physically clean up sites, strategic implementation of the grants is necessary to help local
communities identify and secure additional funding for remediation activities. Staff is therefore
proposing to collaboratively work with an experienced environmental consultiog team to develop a
comprehensive strategic approach to the assessment grant that will ultimately provide the greatest
level of assistance to property and business owners.
Environmental Site Assessments
A preliminary work plan for the grant was submitted to EP A in June and is attached to this report as
Attachment 2. The work plan proposes to conduct Phase I assessments for approximately 24-30
properties in the area. A Phase I involves historical research of past land uses on a site and
interviews with owners/personnel to determine the likelihood that the site is a brownfields property.
The work plan then proposes to conduct Phase II assessments for up to 10 properties, based on the
Phase I fmdings and other criteria. A Phase II involves the collection and testing of physical
material (e.g., soil, groundwater) from a site to determine the extent of contamination. No specific
sites have been identified for assessment under the grant.
SCS Engineers
To help the RDA carry out these extremely technical tasks, staff initiated an intensive, two-month
long RFQ/P process in July for an environmental consulting firm to assist the RDA in the
implementation of the first stage of the grant.
Area-wide
Inventory
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Phase I
Assessments
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Phase II
Assessments
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Cleanup &
Reuse Planning
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./
\....
STAGE I
STAGE II
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November 25,2008 Item ~
Page 4 of 4
Staff reviewed proposals from 11 reputable firms and held interviews with six. A three-member
interview panel was convened consisting of two Redevelopment & Housing staff and a
community relations expert from the County of San Diego's Health & Human Services Agency.
SCS Engineers was selected by the panel as the top firm for recommendation to the RDA. The
team at SCS Engineers possesses in-depth experience, skills, and other qualifications that are
unique to EP A grants and the strategic challenges of creating a new brownfields program from
the ground-up.
DECISION MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is not site
specific and consequently the 500 foot rule found in California Code of Regulations Section
18704.2(a)(!) is not applicable to this decision.
FISCAL IMPACT
There is no net impact to either the Redevelopment Agency Fund or City General Fund. A
match of City/RDA funds is not required. Over three years, the grant will provide $400,000 in
revenues to pay for contractual services, supplies (e.g., flyers, FAQs), and travel for training and
conferences. Funds will be drawn down on a reimbursement basis. For Fiscal Year 2009,
$175,000 of the total $400,000 are proposed to be appropriated to the Redevelopment Agency
budget for the first stage of grant implementation through June 30, 2009. Grant activities for
Fiscal Year 20 I 0 and 20 II will be appropriated through the regular budget process.
ATTACHMENTS
I. Draft Two-Party Agreement with SCS Engineers for Professional Services
2. Preliminary Grant Work Plan (Submitted to EP A in June 2008)
Prepared by: Ken Lee, Principal Project Coordinator, Redevelopment & Housing
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THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIL
f74Z
JJ-l '/,
Bart C. Miesfeld
Interim City Attorney
Dated:
1/ /q /08
/ I
Agreement Between
The City of Chula Vista Redevelopment Agency and
SCS Engineers for
Professional Services and Assistance in
The First Stage of US EP A Brownfields Grant Implementation
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ATTACHMENT 1
Agreement between
Chula Vista Redevelopment Agency
and
SCS Engineers
for Professional Services and Assistance in
the First Stage of US EPA Brownfields Grant Implementation
This agreement ("Agreement"), dated for the purposes of reference
only, and effective as of the date last executed unless another date is otherwise specified in
Exhibit A, Paragraph 1, is between the City-related entity as is indicated on Exhibit A,
Paragraph 2, as such ("City"), whose business form is set forth on Exhibit A, Paragraph 3, and
the entity indicated on the attached Exhibit A, Paragraph 4, as Consultant, whose business form
is set forth on Exhibit A, Paragraph 5, and whose place of business and telephone numbers are
set forth on Exhibit A, Paragraph 6 ("Consultant"), and is made with reference to the following
facts:
RECITALS
\VHEREAS, one of the major programs that a redevelopment agency has the authority
and tools to undertake is the assessment, cleanup, and redevelopment of contaminated sites
known as "brownfields" properties; and
\VHEREAS, the United States Environmental Protection Agency ("US EPA") provides
grant funding to local communities to help them establish brownfields programs aimed at
addressing environmental health risks and barriers to economic development activities; and
\VHEREAS, in 2007, Redevelopment Agency staff submitted a proposal to US EPA to
compete for EPA's Community-wide Brownfields Assessment Grant program which provides
federal funding to inventory, characterize, assess, and plan for the cleanup and reuse of multiple
brownfields sites in large study areas and maj or corridors; and
\VHEREAS, in 2008, US EPA awarded a total of $74 million in grant funding to 1,255
nationally competitive recipients located in 43 states across the country and the Chula Vista
Redevelopment Agency was one of the recipients selected to receive two Community-wide
Brownfields Assessment grants totaling $400,000 in federal funding; and
WHEREAS, tasks and activities under the grant include the creation of an area-wide
inventory of brownfields properties, Phase I Environmental Site Assessments, Phase II
Environmental Site Assessments, remediation and reuse planning, and grant management and
reporting; and
WHEREAS, the RDA issued a Request for QualificationslProposals on July 25, 2008 in
search of an environmental consulting firm to assist in the implementation of the first stage of the
grant; and
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WHEREAS, tasks and aCTIVItles under the . fIrst stage of the grant include
propertylbusiness owner and connunity outreach, the creation of an area-wide inventory of
brownfields properties, Phase I Environmental Site Assessments, and grant management and
reporting; and
WHEREAS, bids were received from II highly competitive fIrms, interviews were held
with six of those fIrms, and SCS Engineers was selected by an interview panel as the
reconnended contractor for the fIrst stage of the EP A grant; and
WHEREAS, the consulting team from SCS Engineers possesses in-depth experience,
skills, and other qualifIcations that are unique to EP A Connunity-wide Brownfields Assessment
Grants; and
WHEREAS, Consultant warrants and represents that they are experienced and staffed in a
manner such that they are and can prepare and deliver the services required of Service Provider
to City within the time frames herein provided all in accordance with the terms and conditions of
this Agreement.
(End of Recitals. Next Page starts Obligatory Provisions.)
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(Obligatory Provisions Pages)
NOW, THEREFORE, BE IT RESOLVED that the City and Consultant do hereby mutually
agree as follows:
1. Consultant's Duties
A. General Duties
Consultant shall perform all of the services described on the attached Exhibit A, Paragraph 7,
entitled "General Duties"; and,
B. Scope of Work and Schedule
In the process of performing and delivering said "General Duties", Consultant shall also
perform all of the services described in Exhibit A, Paragraph 8, entitled "Scope of Work and
Schedule", not inconsistent with the General Duties, according to, and within the time frames set
forth in Exhibit A, Paragraph 8, and deliver to City such Deliverables as are identified in Exhibit
A, Paragraph 8, within the time frames set forth therein, time being of the essence of this
agreement. The General Duties and the work and deliverables required in the Scope of Work and
Schedule shall be herein referred to as the "Defined Services". Failure to complete the Defined
Services by the times indicated does not, except at the option of the City, operate to terminate
this Agreement.
C. Reductions in Scope of Work
City may independently, or upon request from Consultant, from time to time reduce the
Defined Services to be performed by the Consultant under this Agreement. Upon doing so, City
and Consultant agree to meet in good faith and confer for the purpose of negotiating a
corresponding reduction in the compensation associated with said reduction.
D. Additional Services
In addition to performing the Defined Services herein set forth, City may require Consultant
to perform additional consulting services related to the Defmed Services ("Additional Services"),
and upon doing so in writing, if they are within the scope of services offered by Consultant,
Consultant shall perform same on a time and materials basis at the rates set forth in the "Rate
Schedule" in Exhibit A, Paragraph IO(C), unless a separate fixed fee is otherwise agreed upon.
All compensation for Additional Services shall be paid monthly as billed.
E. Standard of Care
Consultant, in performing any Services under this agreement, whether Defined Services or
Additional Services, shall perform in a manner consistent with that level of Care and skill
ordinarily exercised by members of the profession currently practicing under similar conditions
and in similar locations.
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F. Insurance
Consultant must procure insurance against claims for inj uries to persons or damages to
property that may arise from or in connection with the performance of the work under the
contract and the results of that work by the Consultant, his agents, representatives, employees or
subcontractors and provide documentation of same prior to commencement of work. The
insurance must be maintained for the duration of the contract.
Minimum Scope of Insurance
Coverage must be at least as broad as:
(1) Insurance Services Office Commercial General Liability coverage (occurrence Form
CG0001).
(2) Insurance Services Office Form Number CA 0001 covering Automobile Liability,
Code 1 (any auto).
(3) Workers' Compensation insurance as required by the State of California and
Employer's Liability Insurance.
(4) Professional Liability or Errors & Ornissions Liability insurance appropriate to the
Consultant's profession. Architects' and Engineers' coverage is to be endorsed to
include contractual liability.
Minimum Limits of Insurance
Contractor must maintain limits no less than:
1. General Liability:
(Including operations,
products and completed
operations, as applicable)
2. Automobile Liability:
3. Workers' Compensation
Employer's Liability:
4. Professional Liability or
Errors & Omissions
Liability:
$1,000,000 per occurrence for bodily injury, personal injury and
property damage. If Commercial General Liability insurance
with a general aggregate limit is used, either the general
aggregate limit must apply separately to this projectllocation or
the general aggregate limit must be twice the required occurrence
limit.
$1,000,000 per accident for bodily injury and property damage.
Statutory
$1,000,000 each accident
$1,000,000 disease-policy limit .
$1,000,000 disease-each employee
$1,000,000 each occurrence
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Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City. At
the option of the City, either the insurer will reduce or eliminate such deductibles or self-insured
retentions as they pertain to the City, its officers, officials, employees and volunteers; or the
Consultant will provide a financial guarantee satisfactory to the City guaranteeing payment of
losses and related investigations, claim administration, and defense expenses.
Other Insurance Provisions
The general liability, automobile liability, and where appropriate, the worker's compensation
policies are to contain, or be endorsed to contain, the following provisions:
(I) The City of Chula Vista, its officers, officials, employees, agents, and volunteers are
to be named as additional insureds with respect to liability arising out of automobiles
owned, leased, hired or borrowed by or on behalf of the Consultant, where applicable,
and, with respect to liability arising out of work or operations performed by or on
behalf of the Consultant, including providing materials, parts or equipment furnished
in connection with such work or operations. The general liability additional insured
coverage must be provided in the form of an endorsement to the contractor's
insurance using ISO CG 2010 (11/85) or its equivalent. Specifically, the endorsement
must not exclude Products/Completed Operations coverage.
(2) The Consultant's General Liability insurance coverage must be prilllary insurance as
it pertains to the City, its officers, officials, employees, agents, and volunteers. Any
insurance or self-insurance maintained by the City, its officers, officials, employees,
or volunteers is wholly separate from the insurance of the contractor and in no way
relieves the contractor from its responsibility to provide insurance.
(3) The insurance policy required by this clause must be endorsed to state that coverage
will not be canceled by either party, except after thirty (30) days' prior written notice
to the City by certified mail, return receipt requested.
(4) Coverage shall not extend to any indemnity coverage for the active negligence of the
additional insured in any case where an agreement to indemnify the additional insured
would be invalid under Subdivision (b) of Section 2782 of the Civil Code.
(5) Consultant's insurer will provide a Waiver of Subrogation in favor of the City for
each required policy providing coverage during the life of this contract.
If General Liability, Pollution and/or Asbestos Pollution Liability and/or Errors & Omissions
coverage are written on a claims-made form:
(1) The "Retro Date" must be shown, and must be before the date of the contract or the
beginning of the contract work.
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(2) Insurance must be maintained and evidence of insurance must be provided for at least
five (5) years after completion of the contract work.
(3) If coverage is canceled or non-renewed, and not replaced with another claims-made
policy form with a "Retro Date" prior to the contract effective date, the Consultant
must purchase "extended reporting" coverage for a minimum of five (5) years after
completion of contract work.
(4) A copy of the claims reporting requirements must be submitted to the City for review.
Acceptability of Insurers
Insurance is to be placed with licensed insurers admitted to transact business in the State of
California with a current A.M. Best's rating of no less than A V. If insurance is placed with a
surplus lines insurer, insurer must be listed on the State of California List of Eligible Surplus
Lines Insurers ("LESLI") with a current A.M. Best's rating of no less than A X. Exception may
be made for the State Compensation Fund when not specifically rated.
Verification of Coverage
Consultant shall furnish the City with original certificates and amendatory endorsements
effecting coverage required by this clause. The endorsements should be on insurance industry
forms, provided those endorsements or policies conform to the contract requirements. All
certificates and endorsements are to be received and approved by the City before work
commences. The City reserves the right to require, at any time, complete, certified copies of all
required insurance policies, including endorsements evidencing the coverage required by these
specifications.
Subcontractors
Consultants must include all subconsultants as insureds under its policies or furnish separate
certificates and endorsements for each subconsultant. All coverage for subconsultants are subject
to all of the requirements included in these specifications.
G. Security for Performance
(I) Performance Bond
In the event that Exhibit A, at Paragraph 18, indicates the need for Consultant to provide
a Performance Bond (indicated by a check mark in the parenthetical space immediately
preceding the subparagraph entitled "Performance Bond"), then Consultant shall provide to the
City a performance bond in the form prescribed by the City and by such sureties which are
authorized to transact such business in the State of California, listed as approved by the United
States Department of Treasury Circular 570, http://wwv.:.fms.treas.gov/c570, and whose
underwriting limitation is sufficient to issue bonds in the amount required by the agreement, and
which also satisfy the requirements stated in Section 995.660 of the Code of Civil Procedure,
except as provided otherwise by laws or regulations. All bonds signed by an agent must be
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accompanied by a certified copy of such agent's authority to act. Surety companies must be duly
licensed or authorized in the jurisdiction in which the Project is located to issue bonds for the
limits so required. Form must be satisfactory to the Risk Manager or City Attorney which
amount is indicated in the space adjacent to the term, "Performance Bond", in said Exhibit A,
Paragraph 18.
(2) Letter of Credit
In the event that Exhibit A, at Paragraph 18, indicates the need for Consultant to provide
a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding
the subparagraph entitled "Letter of Credit"), then Consultant shall provide to the City an
irrevocable letter of credit callable by the City at their unfettered discretion by submitting to the
bank a letter, signed by the City Manager, stating that the Consultant is in breach of the terms of
this Agreement. The letter of credit shall be issued by a bank, and be in a form and amount
satisfactory to the Risk Manager or City Attorney which amount is indicated in the space
adjacent to the term, "Letter of Credit", in said Exhibit A, Paragraph 18.
(3) Other Security
In the event that Exhibit A, at Paragraph 18, indicates the need for Consultant to provide
security other than a Performance Bond or a Letter of Credit (indicated by a check mark in the
parenthetical space immediately preceding the subparagraph entitled "Other Security"), then
Consultant shall provide to the City such other security therein listed in a form and amount
satisfactory to the Risk Manager or City Attorney.
H. Business License
Consultant agrees to obtain a business license from the City and to otherwise comply with
Title 5 of the Chula Vista Municipal Code.
2. Duties of the City
A. Consultation and Cooperation
City shall regularly consult the Consultant for the purpose of reviewing the progress of the
Defined Services and Schedule therein contained, and to provide direction and guidance to
achieve the objectives of this agreement. The City shall permit access to its office facilities, files
and records by CODSultant throughout the term of the agreement. In addition thereto, City agrees
to provide the information, data, items and materials set forth on Exhibit A, Paragraph 9, and
with the further understanding that delay in the provision of these materials beyond thirty (30)
days after authorization to proceed, shall constitute a basis for the justifiable delay in the
Consultant's performance of this agreement.
B. Compensation
Upon receipt of a properly prepared billing from Consultant submitted to the City
periodically as indicated in Exhibit A, Paragraph 17, but in no event more frequently than
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monthly, on the day of the period indicated in Exhibit A, Paragraph 17, City shall compensate
Consultant for all services rendered by Consultant according to the terms and conditions set forth
in Exhibit A, Paragraph 10, adjacent to the governing compensation relationship indicated by a
"checkmark" next to the appropriate arrangement, subject to the requirements for retention set
forth in Paragraph 18 of Exhibit A, and shall compensate Consultant for out of pocket expenses
as provided in Exhibit A, Paragraph 11.
All billings submitted by Consultant shall contain sufficient information as to the propriety of
the billing to permit the City to evaluate that the amount due and payable thereunder is proper,
and shall specifically contain the City's account number indicated on Exhibit A, Paragraph l7(C)
to be charged upon making such payment.
3. Administration of Contract
Each party designates the individuals ("Contract Administrators") indicated on Exhibit A,
Paragraph 12, as said party's contract administrator who is authorized by said party to represent
them in the routine administration of this agreement.
4. Term
This Agreement shall terminate when the Parties have complied with all executory provisions
hereof.
5. Liquidated Damages
The provisions of this section apply if a Liquidated Damages Rate is provided in Exhibit A,
Paragraph 13.
It is acknowledged by both parties that time is of the essence in the completion of this
Agreement. It is difficult to estimate the amount of damages resulting from delay in
performance. The parties have used their judgment to arrive at a reasonable amount to
compensate for delay.
Failure to complete the Defined Services within the allotted time period specified in tbis
Agreement shall result in the following penalty: For each consecutive calendar day in excess of
the time specified for the completion of the respective work assignment or Deliverable, the
Consultant shall pay to the City, or have withheld from monies due, the sum of Liquidated
Damages Rate provided in Exhibit A, Paragraph 13 ("Liquidated Damages Rate").
Time extensions for delays beyond the Consultant's control, other than delays caused by the
City, shall be requested in writing to the City's Contract Administrator, or designee, prior to the
expiration of the specified time. Extensions of time, when granted, will be based upon the effect
of delays to the work and will not be granted for delays to minor portions of work unless it can
be shown that such delays did or will delay the progress of the work.
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6. Financial Interests of Consultant
A. Consultant is Designated as an FPPC Filer
If Consultant is designated on Exhibit A, Paragraph 14, as an "FPPC filer", Consultant is
deemed to be a "Consultant" for the purposes of the Political Reform Act conflict of interest and
disclosure provisions, and shall report economic interests to the City Clerk on the required
Statement of Economic Interests in such reporting categories as are specified in Paragraph 14 of
Exhibit A, or if none are specified, then as determined by the City Attorney.
B. Decline to Participate
Regardless of whether Consultant is designated as an FPPC Filer, Consultant shall not make,
or participate in making or in any way attempt to use Consultant's position to influence a
governmental decision in which Consultant knows or has reason to know Consultant has a
[mancial interest other than the compensation promised by this Agreement.
C. Search to Determine Economic Interests
Regardless of whether Consultant is designated as an FPPC Filer, Consultant warrants and
represents that Consultant has diligently conducted a search and inventory of Consultant's
economic interests, as the term is used in the regulations promulgated by the Fair Political
Practices Commission, and has determined that Consultant does not, to the best of Consultant's
knowledge, have an economic interest which would conflict with Consultant's duties under this
agreement.
D. Promise Not to Acquire Conflicting Interests
Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants
and represents that Consultant will not acquire, obtain, or assume an economic interest during the
term of this Agreement which would constitute a conflict of interest as prohibited by the Fair
Political Practices Act.
E. Duty to Advise of Conflicting Interests
Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants
and represents that Consultant will immediately advise the City Attorney of City if Consultant
leanls of an economic interest of Consultant's that may result in a conflict of interest for the
purpose of the Fair Political Practices Act, and regulations promulgated thereunder.
F. Specific Warranties Against Economic Interests
Consultant warrants and represents tbat neitber Consultant, nor Consultant's immediate
family members, nor Consultant's employees or agents ("Consultant Associates") presently have
any interest, directly or indirectly, whatsoever in any property which may be the subject matter
of the Defined Services, or in any property within 2 radial miles from the exterior boundaries of
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any property which may be the subject matter of the Defmed Services, ("Prohibited Interest"),
other than as listed in Exhibit A, Paragraph 14.
Consultant further warrants and represents that no promise of future employment,
remuneration, consideration, gratuity or other reward or gain has been made to Consultant or
Consultant Associates in connection with Consultant's performance of this Agreement.
Consultant promises to advise City of any such promise that may be made during the Term of
this Agreement, or for twelve months thereafter.
Consultant agrees that Consultant Associates shall not acquire any such Prohibited Interest
within the Term of this Agreement, or for twelve months after the expiration of this Agreement,
except with the written permission of City.
Consultant may not conduct or solicit any business for any party to this Agreement, or for
any third party that may be in conflict with Consultant's responsibilities under this Agreement,
except with the written permission of City.
7. Hold Harmless
Consultant shall defend, indemnify, protect and hold harmless the City, its elected and
appointed officers and employees, from and against all claims for damages, liability, cost and
expense (including without limitation attorneys fees) arising out of or alleged by third parties to
be the result of the negligent acts, errors or omissions or the willful misconduct of the
Consultant, and Consultant's employees, subcontractors or other persons, agencies or fIrms for
whom Consultant is legally responsible in connection with the execution of the work covered by
this Agreement, except only for those claims, damages, liability, costs and expenses (including
without limitations, attorneys fees) arising from the sole negligence or sole willful misconduct of
the City, its officers, employees. Also covered is liability arising from, connected with, caused
by or claimed to be caused by the active or passive negligent acts or omissions of the City, its
agents, officers, or employees which may be in combination with the active or passive negligent
acts or omissions of the Consultant, its employees, agents or officers, or any third party.
With respect to losses arising from Consultant's professional errors or omissions, Consultant
shall defend, indemnify, protect and hold harmless the City, its elected and appointed officers
and employees, from and against all claims for damages, liability, cost and expense (including
without limitation attorneys fees) except for those claims arising from the negligence or willful
misconduct of City, its officers or employees.
Consultant's indemnifIcation shall include any and all costs, expenses, attorneys fees and
liability incurred by the City, its officers, agents or employees in defending against such claims,
whether the same proceed to judgment or not. Consultant's obligations under this Section shall
not be limited by any prior or subsequent declaration by the Consultant. Consultant's obligations
under this Section shall survive the termination of this Agreement.
For those professionals who are required to be licensed by the state (e.g. architects, landscape
architects, surveyors and engineers), the following indemnifIcation provisions should be utilized:
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(1) Indemnification and Hold H=less Agreement
With respect to. any liability, including but not limited to claims asserted or costs, losses,
attorney fees, or payments for injury to any person or property caused or claimed to be caused by
the acts or omissions of the Consultant, or Consultant's employees, agents, and officers, arising
out of any services performed involving this project, except liability for Professional Services
covered under Section 7.2, the Consultant agrees to defend, indemnify, protect, and nold
h=less the City, its agents, officers, or employees from and against all liability. Also covered is
liability arising from, connected with, caused by, or claimed to be caused by the active or passive
negligent acts or omissions of the City, its agents, officers, or employees which may be in
combination with the active or passive negligent acts or omissions of the Consultant, its
employees, agents or officers, or any third party. The Consultant's duty to indemnify, protect and
hold h=less shall not include any claims or liabilities arising from the sole negligence or sole
willful misconduct of the City, its agents, officers or employees. This section in no way alters,
affects or modifies the Consultant's obligation and duties under Section Exhibit A to this
Agreement.
(2) Indemnification for Professional Services.
As to the Consultant's professional obligation, work or services involving this Project,
the Consultant agrees to indemnify, defend and hold h=less the City, its agents, officers and
employees from and against any and all liability, claims, costs, and damages, including but not
limited to, attorneys fees, that arise out of, or pertain to, or relate to the negligence, recklessness
or willful misconduct of Consultant and its agents in the performance of services under this
agreement, but this indemnity does not apply liability for damages for death or bodily injury to
persons, injury to property, or other loss, arising from the sole negligence, willful misconduct or
defects in design by City or the agents, servants, or independent contractors who are directly
responsible to City, or arising from the active negligence of City.
8. Termination of Agreement for Cause
If, through any cause, Consultant shall fail to fulfill in a timely and proper manoer
Consultant's obligations under this Agreement, or if Consultant shall violate any of the
covenants, agreements or stipulations of this Agreement, CitY shall have the right to terminate
this Agreement by giving written notice to Consultant of such termination and specifying the
effective date thereof at least five (5) days before the effective date of such termination. In that
event, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports and
other materials prepared by Consultant shall, at the option of the City, become the property of the
City, and Consultant shall be entitled to receive just and equitable compensation for any work
satisfactorily completed on such documents and other materials up to the effective date of Notice
of Termination, not to exceed the amounts payable hereunder, and less any damages caused City
by Consultant's breach.
9. Errors and Omissions
In the event that the City Administrator determines that the Consultants' negligence, errors,
or omissions in the performance of work under this Agreement has resulted in expense to City
6-16
Page II
greater than would have resulted if there were no such negligence, errors, omissions, Consultant
shall reimburse City for any additional expenses incurred by the City. Nothing herein is intended
to limit City's rights under other provisions of this agreement.
10. Termination of Agreement for Convenience of City
City may terminate this Agreement at any time and for any reason, by giving specific written
notice to Consultant of such termination and specifying the effective date thereof, at least thirty
(30) days before the effective date of such termination. In that event, all finished and unfinished
documents and other materials described hereinabove shall, at the option of the City, become
City's sole and exclusive property. If the Agreement is terminated by City as provided in this
paragraph, Consultant shall be entitled to receive just and equitable compensation for any
satisfactory work completed on such documents and other materials to the effective date of such
termination. Consultant hereby expressly waives any and all claims for damages or
compensation arising under this Agreement except as set forth herein.
II. Assignability
The services of Consultant are personal to the City, and Consultant shall not assign any
interest in this Agreement, and shall not transfer any interest in the same (whether by assignment
or notation), without prior written consent of City.
City hereby consents to the assignment of the portions of the Defmed Services identified in
Exhibit A, Paragraph 16 to the subconsultants identified thereat as "Permitted Subconsultants".
12. Ownership, Publication, Reproduction and Use of Material
All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems
and any other materials or properties produced under this Agreement shall be the sole and
exclusive property of City. No such materials or properties produced in whole or in part under
this Agreement shall be subject to private use, copyrights or patent rights by Consultant in the
United States or in any other country without the express written consent of City. City shall have
unrestricted authority to publish, disclose (except as maybe limited by the provisions of the
Public Records Act), distribute, and otherwise use, copyright or patent, in whole or in part, any
such reports, studies, data, statistics, forms or other materials or properties produced under this
Agreement.
13. Independent Contractor
City is interested only in the results obtained and Consultant shall perform as an independent
contractor with sole control of the marmer and means of performing the services required under
this Agreement. City maii::1tains the right only to reject or accept Consultant's work products.
Consultant and any of the Consultant's agents, employees or representatives are, for all purposes
under this Agreement, an independent contractor and shall not be deemed to be an employee of
City, and none of them shall be entitled to any benefits to which City employees are entitled
including but not limited to, overtime, retirement benefits, worker's compensation benefits,
injury leave or other leave benefits. Therefore, City will not withhold state or federal income tax,
6-17
Page 12
social security tax or any other payroll tax, and Consultant shall be solely responsible for the
payment of same and shall hold the City harmless with regard thereto.
14. Administrative Claims Requirements and Procedures
No suit or arbitration shall be brought arising out of this agreement, against the City unless a
claim has first been presented in writing and filed with the City and acted upon by the City in
accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as
same may from time to time be amended, the provisions of which are incorporated by this
reference as if fully set forth herein, and such policies and procedures used by the City in the
implementation of same.
Upon request by City, Consultant shall meet and confer in good faith with City for the
purpose of resolving any dispute over the terms of this Agreement.
15. Attorney's Fees
Should a dispute ansmg out of this Agreement result in litigation, it is agreed that the
prevailing party shall be entitled to a judgment against the other for an amount equal to
reasonable attorney's fees and court costs incurred. The "prevailing'party" shall be deemed to be
the party who is awarded substantially the relief sought.
16. Statement of Costs
In the event that Consultant prepares a report or docUment, or participates in the preparation
of a report or document in performing the Defmed Services, Consultant shall include, or cause
the inclusion of, in said report or document, a statement of the numbers and cost in dollar
amounts of all contracts and subcontracts relating to the preparation of the report or document.
17. Miscellaneous
A. Consultant not authorized to Represent City
Unless specifically authorized in writing by City, Consultant shall have no authority to act as
City's agent to bind City to any contractual agreements whatsoever.
B. Consultant is Real Estate Broker and/or Salesman
If the box on Exhibit A, Paragraph 15 is marked, the Consultant and/or their principals is/are
licensed with the State of California or some other state as a licensed real estate broker or
salesperson. Otherwise, Consultant represents that neither Consultant, nor their principals are
licensed real estate brokers or salespersons.
C. Notices
All notices, demands or requests provided for or permitted to be given pursuant to this
Agreement must be in writing. All notices, demands and requests to be sent to any party shall be
6-18
Page 13
deemed to have been properly given or served if personally served or deposited in the United
States mail, addressed to such party, postage prepaid, registered or certified, with return receipt
requested, at the addresses identified herein as the places of business for each of the designated
parties.
D. Entire Agreement
This Agreement, together with any other written document referred to or contemplated
herein, embody the entire Agreement and understanding between the parties relating to the
subject matter hereof. Neither this Agreement nor any provision hereof may be amended,
modified, waived or discharged except by an instrument in writing executed by the party against
which enforcement of such amendment, waiver or discharge is sought.
E. Capacity of Parties
Each signatory and party hereto hereby warrants and represents to the other party that it has
legal authority and capacity and direction from its principal to enter into this Agreement, and that
all resolutions or other actions have been. taken so as to enable it to enter into this Agreement.
F. Governing LawNenue
This Agreement shall be governed by and construed in accordance with the laws of the State
of California. Any action arising under or relating to this Agreement shall be brought only in the
federal or state courts located in San Diego County, State of California, and if applicable, the
City of Chula Vista, or as close thereto as possible. Venue for this Agreement, and performance
hereunder, shall be the City of Chula Vista.
(End of page. Next page is signature page.)
6-19
Page 14
Signature Page
to
Agreement between
City of Chula Vista
and
SCS Engineers
for Professional Services and Assistance in
the First Stage of US EPA Brownfields Grant Implementation
IN WITNESS WHEREOF, City and Consultant have executed this Agreement thereby
indicating that they have read and understood same, and indicate their full and complete consent
to its terms:
Dated:
City of Chula Vista
By:
Cheryl Cox, Mayor
Attest:
Donna Norris, City Clerk
Approved as to form:
Bart Miesfeld, Interim City Attorney
Dated:
SCS En~ee
By: I
Exhibit List to Agreement
(x) Exhibit A
(x) Exhibit B
6-20
Page 15
Exhibit A
to
Agreement between
City of Chula Vista
and
SCS Engineers
1. Effective Date of Agreement:
2. City-Related Entity:
( ) City of Chula Vista, a municipal chartered corporation of the State of California
(x) Redevelopment Agency of the City of Chula Vista, a political subdivision of the State of
California
( ) Industrial Development Authority of the City of Chula Vista, a
( ) Other:
3. Place of Business for City:
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
4. Consultant:
SCS Engineers
5. Business Form of Consultant:
( ) Sole Proprietorship
( ) Partnership
(x) Corporation
6. Place of Business, Telephone and Fax Number of Consultant:
8799 Balboa Avenue, Suite 290
San Diego, CA 92123
Voice Phone: (858) 571-5500
Fax Phone: (858) 571-5357
6-21
Page 16
7. General Duties:
Assist the Redevelopment Agency in implementing specified tasks outlined in the detailed
Scope of Work (Exhibit B) and as set forth under the Redevelopment Agency's preliminary
work plan submitted to US EPA in June 2008, including but not limited to: (1) Design and
implement a strategy for propertylbusiness owner and community outreach; (2) Develop a
comprehensive area-wide inventory; (3) Develop criteria for prioritizing and selecting
candidate sites for Phase I Environmental Site Assessments; (4) Conduct Phase I
Environmental Site Assessments for 24 to 30 sites in the study area selected through
designated criteria; (5) Assist in completing reporting requirements to US EP A under the
grant; and (6) Research and advise the Redevelopment Agency of additional grant
opportunities to fund remediation activities.
8. Scope of Work and Schedule:
A. Detailed Scope of Work:
Refer to Exhibit B.
B. Date for Commencement of Consultant Services:
(x) Same as Effective Date of Agreement
( ) Other:
C. Dates or Time Limits for Delivery of Deliverables:
Deliverable Description Dates/Time Limits
I-A Property/Business Owner Outreach & Participation March 30, 2009
Strategy
l-B Public Participation Training Materials March 30,2009
I l-C i Outreach and Marketin <} Materials April 30, 2010
! 2-A Database Report April 30, 2009 i
, 2-B GIS Data Files and Maps i July 30, 2009
I
3-A Grant Participation System i July 30, 2009
3-B Site Selection Report I October 30, 2009
4-A Phase I Assessment Reports March 30,2010
5-A EP A Reports April 30, 2010
D. Date for completion of all Consultant services: June 30, 2010
9. Materials Required to be Supplied by City to Consultant:
Any current or historical information that will assist Consultant in the development of a
comprehensive area-wide inventory, preparation of Phase I Environmental Site Assessments,
and other tasks and activities specified in Exhibit B.
6-22
Page 17
10. Compensation:
A. ( ) Single Fixed Fee Arrangement.
For performance of all of the Defined Services by Consultant as herein required, City shall
pay a single fIxed fee in the amounts and at the times or milestones or for the Deliverables set
forth below:
Single Fixed Fee Amount:
, payable as follows:
Milestone or Event or Deliv'erable
Amount or Percent of Fixed Fee
( ) 1. Interim Monthly Advances. The City shall make interim monthly advances
against the compensation due for each phase on a percentage of completion basis for
each given phase such that, at the end of each phase only the compensation for that
phase has been paid. Any payments made hereunder shall be considered as interest
free loans that must be returned to the City if the Phase is not satisfactorily
completed. If the Phase is satisfactorily completed, the City shall receive credit
against the compensation due for that phase. The retention amount or percentage set
forth in Paragraph 19 is to be applied to each interim payment such that, at the end of
the phase, the full retention has been held back from the compensation due for that
phase. Percentage of completion of a phase shall be assessed in the sole and
unfettered discretion by the Contracts Admiriistrator designated herein by the City, or
such other person as the City Manager shali designate, but only upon such proof
demanded by the City that has been provided, but in no event shall such interim
. advance payment be made unless the Contractor shall have represented in writing that
said percentage of completion of the phase has been performed by the Contractor.
The practice of making interim monthly advances shall not convert this agreement to
a time and materials basis of payment.
B. ( ) Phased Fixed Fee Arrangement.
For the performance of each phase or portion of the Defined Services by Consultant as are
separately identified below, City shall pay the fIxed fee associated with each phase of Services,
in the amounts and at the times or milestones or Deliverables set forth. Consultant shall not
commence Services under any Phase, and shall not be entitled to the compensation for a Phase,
unless City shall have issued a notice to proceed to Consultant as to said Phase.
Phase
1.
2.
3.
Fee for Said Phase
$
$
$
6-23
Page 18
( ) 1. Interim Monthly Advances. The City shall make interim monthly advances
against the compensation due for each phase on a percentage of completion basis for
each given phase such that, at the end of each phase only the compensation for that
phase has been paid. Any payments made hereunder shall be considered as interest
free loans that must be retmned to the City if the Phase is not satisfactorily
completed. If the Phase is satisfactorily completed, the City shall receive credit
against the compensation due for that phase. The retention amount or percentage set
forth in Paragraph 19 is to be applied to each interim payment such that, at the end of
the phase, the full retention has been held back from the compensation due for that
phase. Percentage of completion of a phase shall be assessed in the sole and
unfettered discretion by the Contracts Administrator designated herein by the City, or
such other person as the City Manager shall designate, but only upon such proof
demanded by the City that has been provided, but in no event shall such interim
advance payment be made unless the Contractor shall have represented in writing that
said percentage of completion of the phase has been performed by the Contractor.
The practice of making interim monthly advances shall not convert this agreement to
a time and materials basis of payment.
c. (x) Hourly Rate Arrangement
For performance of the Defined Services by Consultant as herein required, City shall pay
. Consultant for the productive hours of time spent by Consultant in the performance of said
Services, at the rates or amounts set forth in the Rate Schedule herein below according to the
following terms and conditions:
(1) (x) Not-to-Exceed Limitation on Time and Materials Arrangement
Notwithstanding the expenditure by Consultant of time and materials in excess of said
Maximum Compensation amount, Consultant agrees that Consultant will perform all of
the Defmed Services herein required of Consultant for an amount not to exceed
$162,000, including all Materials, and other "reimbursables" ("Maximum
Compensation"). The not-to-exceed limitations per task, as defmed in Exhibit B, are as
follows:
-Task I - I
Not-to-Exceed
Description Limitation
I PropertylBusiness Owner Outreach & Participation Strategies $ 13,910
2 Comprehensive Area-wide Inventory of Brownfields $ 22,530
, Properties i
3 I Grant Participation System, Inventory Filtering, $ 8,108
PropertylBusiness Owner and Co=unity Outreach, and Site
Selection
4 Phase I ESAs $ 109,661
,
5 EP A Reporting Requirements $ 5,775 I
6-24
Page 19
I 6 Additional Consultant Responsibilities $ 2,016
TOTAL $162,000
(2) ( ) Limitation without Further Authorization on Time and Materials Arrangement
At such time as Consultant shall have incurred time and materials equal to
("Authorization Limit"), Consultant shall not be entitled
to any additional compensation without further authorization issued in writing and
approved by the City. Nothing herein shall preclude Consultant from providing additional
Services at Consultant's own cost and expense.
Rate Schedule
Category of Employee
Project Manager
Principal-in-Charge
Quality Assurance Manager
Professional Geologist/GIS
Enviro=ental Professional
Regulatory Agency Liaison
Senior Enviro=ental Professional
T echrncal Editor
Drafter
Administrative Assistant
Community Outreach Specialist
Communication Specialist
Name ofConsultant(s)
Nicki Field
Daniel Johnson
Christopher Spengler
Tom Wright
Cristobal Ramirez, Andrew Zahurak
Chuck Pryatel
Robert Gutzler and, Ryan Marcos
Betty Malkowski
Suzan Villarino
Robin Love, Sita Brooke, Brenda Vanegas
Lewis Michaelson, Katz & Associates
Jessica Young, Katz & Associates
Hourly Rate
$ 95
$ 175
$ 130
$ 95
$ 85
$ 130
$ 130
$ 70
$ 70
$ 60
$ 195
$ 75
( ) Hourly rates may increase by 6% for services rendered after [month], 20_, if delay
in providing services is caused by City.
II. Materials Reimbursement Arrangement
For the cost of out of pocket expenses incurred by Consultant in the performance of services
herein required, City shall pay Consultant at the rates or amounts set forth below:
(x) None, the compensation includes all costs.
() Reports, not to exceed $
() Copies, not to exceed $
6-25
Cost or Rate
$
$
Page 20
() Travel, not to exceed $
() Printing, not to exceed $
() Postage, not to exceed $
() Delivery, not to exceed $
() Long Distance Telephone Charges, not to exceed $
() Other Actual Identifiable Direct Costs:
, not to exceed $
, not to exceed $
$
$
$
$
$
$
$
$
12. Contract Administrators:
City: Eric Crockett, Assistant Director, Redevelopment & Housing
Consultant: Daniel Johnson, Vice President
13. Liquidated Damages Rate:
( ) $
( ) Other:
per day.
14. Statement of Economic bterests, Consultant Reporting Categories, per Conflict of Interest
Code:
(x) Not Applicable. Not an FPPC Filer.
( ) FPPC Filer
( ) Category No.1. Investments and sources of income.
( ) Category No.2. bterests in real property.
( ) Category No.3. bvestments, interest in real property and sources of income subject
to the regulatory, permit or licensing authority of the department.
( ) Category No.4. bvestments in business entities and sources of income that engage in
land development, construction or the acquisition or sale of real property.
( ) Category No.5. bvestments in business entities and sources of income of the type
which, within the past two years, have contracted with the City of Chula Vista
(Redevelopment Agency) to provide services, supplies, materials, machinery or
equipment.
( ) Category No.6. Investments in business entities and sources of income of the type
which, within the past two years, have contracted with the designated employee's
department to provide services, supplies, materials, machinery or equipment.
6-26
Page 21
( ) Category No.7. Business positions.
( ) List "Consultant Associates" interests in real property within 2 radial miles of Project
Property, if any:
15. ( ) Consultant is Real Estate Broker and/or Salesman
16. Permitted Subconsultants:
Lewis Michaelson, Katz & Associates
17. Bill Processing:
A. Consultant's Billing to be submitted for the following period of time:
(x) Monthly
( ) Quarterly
( ) Other:
B. Day of the Period for submission of Consultant's Billing:
( ) First of the Month
( ) 15th Day of each Month
(x) End of the Month
( ) Other:
C. City's Account Number: 27240-6301
18. Security for Performance
( ) Performance Bond, $
( ) Letter of Credit, $
( ) Other Security:
Type:
Amount: $
6-27
Page 22
.
( ) Retention. If this space is checked, then notwithstanding other provisions to the contrary
requiring the payment of compensation to the Consultant sooner, the City shall be entitled
to retain, at their option, either the following "Retention Percentage" or "Retention
Amount" until the City determines that the Retention Release Event, listed below, has
occurred:
( ) Retention Percentage:
( ) Retention Amount: $
%
Retention Release Event:
( ) Completion of All Consultant Services
( ) Other:
6-28
Page 23
EXHIBIT B
CITY OF CHULA VISTA6
Redevelopment 'C",:'
&Housing
SCOPE OF SERVICES
for Professional Services from SCS Engineers
for Stage I of the 2009-2011 EPA CO=unity-wide
Brownfields Assessment Grant
PURPOSE & OBTECTIVES
This Scope of Services outlines the tasks, schedule, and budget by which SCS Engineers
("Consultant") will assist the Redevelopment Agency in impl=enting the first stage of the Agency's
2009-2011 US EP A Co=unity-wide Brownfields Assessment Grant. The geographic scope of the
grant is Southwest Chula Vista, encompassing approximately seven square miles of territory. The
objectives of this first stage of the grant are:
To craft a comprehensive strategy and program for conducting outreach and public
participation with property owners, business owners, and the general public within the study
area;
. To develop a comprehensive area-wide inventory of contaminated properties in the study
area;
. To implement a comprehensive outreach and public participation strategy with property and
business owners in the area who would benefit from participation in the grant program;
To develop criteris for prioritizing and selecting candidate sites for Phase I Enviro=ental
Site Assessments (ESAs) that will be conducted by the Consultant under the grant;
. To conduct Phase I ESAs for 24 to 30 sites in the study area selected through appropriate
criteria; and
. To complete any and all reporting requirements to EPA under the grant.
BACKGROUND
The City of Chula Vista has not historically had a comprehensive brownfields program in place to
provide financial and informational resources to decision-makers, staff, property/business owners,
and the public about how to address environmental hazards and obstacles to urban revitalization. In
an effort to "seed" a brownfields program in the City and lay the foundation for revitalization
activities in Southwest Chula Vista, the Redevelopment Agency submitted a proposal to EP A for
two Co=unity-wide Brownfields Assessment Grants. One proposal was submitted for hazardous
substances assessments, and the other was submitted for petroleum assessments. In May 2008, the
EP A notified the Agency that it was selected to receive both grants, each for $200,000, totaling
$400,000 of grant funds to assist the Agency in creating a brownfields grant program for Southwest
Chula Vista.
The Agency's goal for the grant program is to create a voluntary brownfields program in Southwest
Chula Vista that provides cooperative funding for the Agency to partner with property and business
owners to address enviro=entalliabilities impairing the productive use or reuse of their properties
6-29
EP A COMMUNITY-WIDE BROm;FlEWS ASSESSMENT GRANT - STAGE I
EXHIBIT B: SCS Engineers Scope of Services
Page 2
and/ Or creating a financial bUIden on the property owner. The Consultant, including any
subcontractors approved by Agency staff, will assist the Agency in crafting and implementing a
program that meets the Agency's goals and objectives for the grant.
SCOPE OF SERVICES
The scope of professional services that the Redevelopment Agency is seeking from the Consultant is
as follows.
TASK 1: PROPERTY/BUSINESS OWNER OUTREACH & PARTICIPATION STRATEGIES
1.1 W orkin~ Session: Facilitate and participate in a working session with staff to develop
a comprehensive strategy for:
Marketing and outreach for the grant program to property and business
owners.
Developing cooperative partnerships with property and business owners in
the grant study area.
Establishing a syst= for how the _Agency and property/business owners will
approach one another regarding interest in participation in the grant
program.
Communicating appropriate types and levels of information to the general
public.
1.2 Training: Develop and provide training to Agency staff and Consultant field staff on
communication strategies with property/business owners and the general public on
the grant program.
1.3 Outreach & Marketing;: Work with Agency staff to develop outreach and marketing
materials in English and Spanish, including a fact sheet and frequendy asked
questions document.
1.4 On~oin~ As-Needed Consultation: On an ongoing, as-needed basis, provide
consultative services to Agency staff on issues related to property/business owner
and public participation.
DELIVERABLES:
1-A Property /Business Owner Outreach & Participation Strategy
1-B Public Participation Training Materials
1-C Outreach and Marketing Materials (e.g., fact sheet, F AQ)
6=-~O
EP.A COMMUNITY-WIDE BRGWNFIELDS AsSESSMENT GRANT - STAGE I
EXHIBIT B: SCS Engineers Scope of Services
Page 3
TASK 2: COMPREHENSIVE AREA-WIDE INVENTORY OF BROWNFIELDS PROPERTIES
2.1 Database Search & Report: Conduct a comprehensive database search and prepare a
Database Report that contains a review of p=i.tted and leaking USTs, hazardous
substances/petroleum products use and storage, waste generation, landfills,
"Superfund" sites (state and federal), and precursor Superfund sites.
2.2 Limited Site Reconnaissance: Conduct limited site reconnaissance of commercial
and industrial facilities within designated areas and business corridors of the study
area to observe and document existing site conditions. Reconnaissance shall be
conducted from public right-of-ways and shall include documentation of the
evidence of present or past land uses that may have involved the storage, use, or
disposal of hazardous materials or wastes, including the presence of indicators of
such uses, including, but not limited to above-ground and underground storage
tanks, hazardous materials/waste, active/inactive landfills, fuel dispensers, chemicals
and raw materials, transformers and other sources of polychlorinated biphenyls
(PCBs), pits, sumps, dry wells, catch basins, drums, large areas of staining or
discolored soil or concrete, and stressed or dead vegetation. Results of the
reconnaissance shall be contained in the Database Report.
2.3 Historical Screening: Conduct a limited historical screening, using city directories
(e.g., phone books) and local resources (e.g., Chula Vista Heritage Museum), of past
land uses that have or may have impacted properties. Results of the historical
screening shall be contained in the Database Report.
2.4 GIS: Translate the results of the area-wide inventory and Database Report into a
data format that can be integrated with the City's existing Geographic Information
Systems (GIS) software and filtered according to a variety of potential ranking
factors (e.g., location in redevelopment area, estimated level of contamination).
Consultant shall correlate all data to the correct Assessor Parcel Number (APN) to
facilitate appropriate GIS integration. Any GIS data layers submitted to the Agency
shall be constructed in a recognized GIS format, preferably an ESRI format such as
a Shapefile, Personal Geodatabase, or File Geodatabase. All GIS layers must also be
submitted in State Plane Coordinate System NAD83 (Zone 6).
DELIVE~'\BLES:
2-A Database Report
2-B GIS Data Files and Mapsh
TASK 3: GRANT PARTICIPATION SYSTEM, INVENTORY FILTERING, PROPERTY/BUSINESS
OWNER AND COMMUNITY OUTREACH, AND SITE SELECTION
3.1 Grant Participation Svstem: Based on the results of Task 1, work with Agency staff
to construct a system or process for establishi::lg and managing different tiers of
6':"~-1
EP_A. COMMUNITY-WIDE BROWNFIELDS ASSESSMENT GR.<NT - STAGE I
EXHIBIT B: SCS Engineers Scope of Services
Page 4
candidate properties that may be eligible for participation in the grant program. The
tiers of candidate properties shall be based on criteria (e.g., property/business owner
willingness, site conditions) that shall be jointly defined by Agency staff and the
Consultant.
3.2 InventoI;y Filtering: Work with Agency staff to filteI the results of the Area-wide
Inventory (Task 2) using agreed upon criteria. Based on the result:s of Task 1 and the
Grant Participation Syst= (Task 3.1), the results of the filtering process should
identify and populate different tieIs of candidate properties.
3.3 Property /Business Owner Outreach: Conduct outreach and marketing to
property/business owners in accordance with the Property/Business Owner
Outreach & Participation Strategy developed under Task 1. Based on the outcomes
of Task 1, conduct community outreach as appropriate and necessary.
3.4 Site Selection & E1ig;ibilit;y: Based on the results of all previous tasks (Tasks 1.1-3.3),
select 12-15 hazardous substance sites and 12-15 petroleum sites for Phase I
Environmental Site Assessments ("ESAs"). Consultant shall prepare Property
Profile Forms ("PPFs") for all sites and work with Agency staff to ensure that the
sites are eligible for participation in the grant program under EP A's eligibility
requirements.
3.5 Site Selection Report: Prepare a written Ieport documenting the site selection
processing, including the Iationale for filtering and selection and input from
property/business owneIS and the general public.
DELIVERAJ3LES:
3-A . Grant Participation System
3-B Site Selection Report
TASK 4: PHASE I ESAs
4.1 Phase I ESAs: Conduct Phase I ESAs on all approved sites in accordance with: (1)
Environmental Protection Agency, 40 CFR Part 312, Standards and Practices for All
Appropriate Inquiries (MI), Final Rule; and (2) ASTM Standard PIactice for
Environmental Site Assessments: Phase I Environmental Site Assessment Process E
1527-05. Phase I ESAs will include the following subtasks:
4.1.1 Site and Site Vicinitv Reconnaissance: Reconnaissance to observe and
document existing site and site vicinity conditions, including the evidence of
present ox past land uses that may have involved the storage, use, or disposal
of hazardous materials or wastes.
4.1.2 Interviews: Interviews with peIsonnel, including past and present owners,
opexators, and occupants, including completion of an Environmental
6--=32
EP A COMMUNITY-WIDE BROWNFIELDS _c\SSES&'JENT GRANT - STAGE I
EXHIBIT B: SCS Engineers Scope of Services
Page 5
Questionnaire and Disclosure Statemen:.
4.1.3 ReguhtoJ;y Agency Record Review: Review of available regulatory agency
files (e.g., RWQCB, IW!vffi, DEH, Cal-EPA, US EPA, tribal records, FiIe
Department, Building Division) to assess the possible impacts to the site
from on- and off-site sources of hazardous materials.
4.1.4 Historical Aerial Photograph and Land Use Review and Water ~uality
Survey: Review available historical and recent aerial photographs to assess
possible historical sources of introduction of hazardous materials/wastes to
each site. Also review other available documents and reports that may have a
bearing on historical land uses, including, but not limited to, historical USGS
topographic maps, historical city diIectories, chain-of-title reports, and
building pennits. Also review available information regarding the
topography, geology,. hydrogeology, soils, flow diIection, and depth of
groundwater.
4.1.5 Additional RequiIements: Provide information with the purpose of
qualifying for one. of the CERCLA fubility protections offered by the Small
Business Lability Relief and Brownfield. Revitalization Act of 2002, 40 CPR
Part 312.
4.2 Assessment Report: Upon completion of each Phase I ESA under Task 4.1, evaluate
the information and format it into a report for each site. Each report shall include:
An assessment of the likelihood that a recognized environmental condition
exists at the site from current or historical site land use, or from a known and
reported offsite source.
Figures and color photographs depicting cw:rent site and site viCl1llty
conditions and items from potential concern.
Opinions, conclusions, and recommendations, if appropriate.
DELIVER.-\.BLES:
4-A Phase I Assessment Reports
TASK 5: EPA REpORTING REQUIREMENTS
5.1 . EPA Reports: Prepare regular reports the Agency is requiIed to submit to EPA on a
quarterly or as-needed basis. Reports will include, but are not be limited to,
Quarterly Progress and Budget Reports, Property Profile Forms, MBE/WBE
Reports, Annual Financial Status Reports, and all other forms and documents that
the Agency must submit to the EP A for compfunce with the conditions of the grant.
5.2 ACRES Assistance: Assist Agency compfunce with EP A's new requiIement for
project and Property Profile Form data to be electronically inputted into EP A's
Assessment, Cleanup & Redevelopment Exchange System (ACRES) database.
6":'~3
EPA COMMUNITY-WWE BRO~s_ASSESSME,'lT GRANT - STAGE I
EXHIBIT B: SCS Engineers Scope of Services
Page 6
DELIVERABLES:
5-A EP A Reports
TASK 6: ADDITIONAL CONSULTA.c'lT RESPONSIBILITIES:
6.1 Brownfields Grants Rese:arch: Support Agency sellch efforts for additional grant
funding opportunities for the remedi:ation of contaminated properties (e.g., EP A
cleanup/RLF grants, DTSC grants, RWQCB grants, Proposition 1C CALReUSE
monies). Depending on eligibility requirements, the Agency may seek consultant
support in the prepllation of applications for the procurem=t of these funds.
6.234
ATTACHMENT 2
Brownfields Assessment Grants
2009-2011 Hazardous Substances & Petroleum Work Plan
A. Recipient Title
Redevelopment Agency of the City of Chula Vista
B. Backuound
The target community is the Southwest portion of Chula Vista, California, a city of over 223,000
residents that is located twelve miles south of Downtown San Diego, and five miles north of the
international border with Mexico. Much of Southwest Chula Vista, including many parts located
in the City's Southwest Redevelopment Project Area, was historically unincorporated until it
was annexed to the City in 1985. While unincorporated, development patterns fluctuated in
piecemeal fashion and resulted in incompatible land use mixes that pose health risks to the
community due to the close proximity of residential neighborhoods, parks, and schools to
industrial properties, many of which are assumed to be brownfields sites. Existing data indicates
that Southwest Chula Vista is impacted by more than 300 facilities that use/generate hazardous
substances/wastes and petroleum products, approximately 39 facilities that are reported to have
leaking underground storage tanks releases, and numerous emergency response instances where
a hazardous substance was spilled. Southwest Chula Vista's historic character, ethnic diversity,
strong residential communities, and increasing private investment, however, give it potential to
grow into a more vibrant, safe, healthy, and sustainable community.
The assessment grants will benefit the target community by:
Increasing community awareness and education about the risk that brownfields pose to
public health and safety.
Increasing attention on incompatible land uses and resulting health risks.
Attracting new businesses and investment and creating jobs to address unemployment.
Focusing attention on the highest-polluting and highest-risk sites, to have the greatest
impact on public health indicators such as asthma.
Preserving the Otay River Valley, which is a sensitive habitat area, and is the largest
open space resource available for residents of Southwest Chula Vista and the region.
Stimulating increased tax increment revenues from new development in the Southwest
Redevelopment Project Area, which can be used to fund critical infrastructure
improvements in the area and improve walkability.
Increasing redevelopment activities and resulting tax increment revenues, which will
increase funds available for affordable housing to assist low-income families and address
displacement issues.
Facilitating improvements to walkability to help reduce rates of childhood obesity and
diabetes.
Improving water and air quality in the community.
Chula Vista Assessment Grants Work Plan: Hazardous Substances & Petroleum
Page 1 of 11
6-35
This work plan proposes a community-oriented approach to identifying, prioritizing, and
selecting sites in Southwest Chula Vista for conducting Phase I and Phase II environmental site
assessments (ESAs), and developing preliminary feasibility studies and remedial action plans for
high priority sites. Agency staff will seek to forge partnerships with public health organizations
and advocates to engage residents, property owners, and businesses, and collaboratively identify
criteria for site selection. The Agency will also cooperatively work with stakeholders to create
strategies and tools for public awareness and education about the connection between
brownfields and public health, and the benefits of brownfields cleanup and redevelopment.
C. Goals and Obiectives
a. EP A Strategic Plan
This project supports EPA's Strategic Plan and GPRA Goal 4: Healthy Communities and
Ecosystems, Objective 4.2 Communities - Sustain, Clean Up, and Restore Communities and the
Ecological Systems that Support Them, Sub-objective 4.2.3 Assess, Clean Up and Redevelop
Brownfields.
Outputs: Work plan deliverables, property profile forms
Outcomes: Give number of assessments, inventory, and if known, the number of acres that will
be ready for reuse, dollars leveraged, and number of jobs created.
b. Project Goals
I Project Goals! Hazardous 'I Petroleum Grant TOTAL
Substances Grant
Area-wide Inventorv2 $8,100 $7.300 $15.400
Community Outreach & Site $11,100 $10,300 $21,400
Selection3
12-15 Phase I ESAs ner Grant $64,100 $69,300 $133,400
Qualitv Assurance Plan(s) $4,000 $4,000 $8,000 i
Un to 5 Phase II ESAs ner Grant $105,600 $102,800 $208.400 I
Cleanup & Redevelopment $7,100 $6,300 $13,400 I
Planning I Health Monitoring of I
Priority Sites
TOTAL $200,000 $200,000 ' $400,000
1 Agency staff directly involved in the managing the grants will attend EP A Brownfields conferences and training
during the grant period.
2 A GIS inventory and Property Profile Forms will be prepared as part of the Area-wide Inventory.
3 \Vill include contractual services for Spanish transiationlinterpretation.
Chula Vista Assessment Grants Work Plan: Hazardous Substances & Petroleum
Page 2 of 11
6-36
D. Tasks
Task 1 - Project Management and Planning
a. Task Description
Pre-award and Task I activities that will be conducted by the Redevelopment Agency's
Brownfields Team will include:
I. Development of a comprehensive Community Outreach & Involvement Strategy for
implementing the grants, including:
Marketing and public awareness campaigns and materials about brownfields,
public health risks, and the benefits of the EP A grants.
Stakeholder engagement strategies for involving impacted and interested
stakeholders in the process (e.g., criteria setting, site selection).
Outreach and communication strategies for establishing cooperative processes
with property owners and businesses.
11. Pre-award notification and early community outreach with existing stakeholder
organizations, including public health officials and advocates. This activity will include
the creation of a web page on the City's "Clean" campaign web site
(htto://www.chulavistaca.20v/clea!][) for posting information and materials about the
grant process. The Redevelopment Agency will also attend a neighborhood convention
on June 21, 2008 sponsored by "Southwest United in Action," a City-involved grassroots
effort to build leadership and capacity in the community to effectuate change. The
Redevelopment Agency will gather community input on neighborhood priorities for
public health and safety, including key locations or areas of priority (e.g., schools, parks).
Ill. Development of one or more Requests for Proposals/Qualifications for assistance in
conducting/preparing:
An area-wide inventory and GIS survey (Task 2)
Marketing, outreach, presentation, and educational tools and materials (Task 3)
Phase I investigations (Task 4)
Quality Assurance Plans (Task 5)
Phase II investigations (Task 6)
Cleanup, redevelopment, and health monitoring plans (Task 7)
b. Task Budget
Cost: Hazardous Substances Grant $ 0
Petroleum Grant $ 0
TOTAL $ 0
c. Schedule
Chula Vista Assessment Grants Work Plan: Hazardous Substances & Petroleum
Page 3 of 11
6-37
Task Start Date: Immediate Task Completion Date: 2009 Q I
d. Deliverables
One or more RFP/Qs for professional consultant services
Outline summary of Community Outreach & Involvement Strategy
Pre-award notification summary and materials, including flyers and other distribution
materials
Task 2 - Area-wide Inventory and Property Profile Forms
a. Task Description
An area-wide inventory will be created consisting of existing and potential brownfield sites in
Southwest Chula Vista. The inventory will document property data, business activities,
petroleum use, past releases of petroleum (LUSTs), and funding eligibility. The area-wide
inventory will provide a foundation for site selection of priority sites through the Community
Outreach & Involvement Strategy. The inventory will also be integrated into the City's existing
GIS database so that City personnel and property owners can use the inventory in land use
planning, issuing permits, assessing threats to public health, prioritizing redevelopment efforts,
and tracking any conditions, controls, or restrictions on a property due to envirorunental
conditions. Property Profile Forms will be completed for EPA review.
b. Task Budget
Cost: Hazardous Substances Grant
Petroleum Grant
TOTAL
$ 8,100
$ 7.300
$ 15.400
c. Schedule
Task Start Date: Immediate Task Completion Date: 2009 Q2
d. Deliverables
Area-wide inventory list
Property Profile Forms
Update on GIS database integration
Progress report on community outreach and involvement
Task 3 - Community Outreach
Chula Vista Assessment Grants Wark Plan: Hazardous Substances & Petroleum
Page 4 of 11
6-38
a. Task Description
A comprehensive Community Outreach & Involvement Strategy will be developed to engage as
many stakeholder segments of the community as possible, and to ensure that information from
the brownfields inventory, assessments, and cleanuplredevelopment plans are appropriately
communicated to residents, property owners, businesses, and other impacted and interested
stakeholders. A major advantage in Southwest Chula Vista is the newly created (2008)
"Southwest United in Action" community strengthening program, which shares the same
geographic focus as the Brownfields Grant. The purpose of Southwest United in Action is to
build leadership and capacity in the community for the purpose of leveraging resources to
address community needs and issues. Community-based focus groups will be formed to address
specific action areas, including health and safety. These focus groups will be the primary
vehicles of communication for the Redevelopment Agency to outreach to and collaborate with
the Southwest community on the grant and public health concerns. Additional efforts will also
be made to specifically engage property owners and businesses. Together, Southwest United in
Action and property/business owners will be asked to help the Redevelopment Agency and its
consultant(s) establish criteria and prioritize sites for assessment under the grants. English-
Spanish translation of materials and interpretation services at meetings will be provided
whenever possible.
During the pre-award period, the Redevelopment Agency is engaging discussions with public
health officials and advocates to seek partnerships in community outreach efforts on brownfields
and the grants. The Redevelopment Agency will also be coordinating with City conservation-
and environmental-oriented Departments to brand and market the grants program. These
Departments and several non-governmental conservation organizations have already
collaboratively created and launched the "Clean Campaign," the tag line of which is: "Your
Community. Your Environment. Your Choice." Brownfields and the assessment grants are
aligned with the goals of existing programs under the Clean Campaign (e.g., water quality, storm
water runoff, habitat conservation). A brownfields web page will be created under the Clean
Campaign banner and web site: http://www.chulavistaca.2:ov/cleanlDefault.asp. The Clean
Campaign's stakeholder working group will also be used as one of possibly several technical
advisory bodies for the assessment grants.
b. Task Budget
Cost: Hazardous Substances Grant
Petroleum Grant
TOTAL
$ 11,100
$ 10.300
$ 21,400
c. Schedule - Community Outreach
Task Start Date: IIrunediate Task Completion Date: 2011 Q4 (Grant Completion)
d. Deliverables
Community involvement plan
Chula Vista Assessment Grants Work Plan: Hazardous Substances & Petroleum
Page 5 of 11
6-39
..
F act sheets, flyers, and other outreach materials
Notes from outreach meetings
Printed pages from outreach web site
Task 4 - Site Selection, Site Approval, and Phase I ESAs
a. Task Description
The Community Outreach & Involvement Strategy will outline the process for site selection.
Based on data from the area-wide inventory, the Redevelopment Agency will work with
stakeholders to collaboratively establish criteria for and select 12 to 15 sites per grant for Phase 1
ESAs. 12 to 15 Phase I ESAs will be conducted under the Hazardous Substances Assessment
Grant. 12 to 15 Phase 1 ESAs will also be conducted under the Petroleum Assessment Grant.
Examples of criteria for the selection of priority sites include properly owner goals and interests,
proximity and potential level of threat to sensitive receptors or areas (e.g., schools,
parks/playgrounds, senior facilities, sensitive habitat areas), and potential public benefits of
remediation and redevelopment. All Phase I ESAs will be conducted by a Qualified
Environmental Professional in accordante with the EPA's All Appropriate Inquiries (AAI) Final
Rule. Phase 1 ESAs will include historical records searches to determine ownerships of sites,
previous usage of sites, possible sources of contamination, site visits, interviews, and, in some
case, limited sampling. If no significant concerns are identified, Phase II ESAs for some sites
may not be necessary.
b. Task Budget
Cost: Hazardous Substances Grant
Petroleum Grant
TOTAL
$ 64,100
$ 69.300
$ 133,400
c. Schedule
Task Start Date: 2009 Q3 Task Completion Date: 2010 Q2
d. Deliverables:
Criteria list
List of selected sites
Phase I (AAI) reports
Task 5 - Quality Assurance
a. Task Description
Chula Vista Assessment Grants Wark Plan: Hazardous Substances & Petroleum
Page 6 of 11
6-40
A Quality Assurance Project Plan and/or Sampling and Analysis Plan (SAP) and Health and
Safety Plan (HSP) will be prepared and submitted to EP A. The QAPP or SAP must be
approved by EP A prior to the start of field sampling/Phase II ESAs (Task 6).
b. Task Budget
Cost: Hazardous Substances Grant
Petroleum Grant
TOTAL
$ 4,000
$ 4.000
$ 8,000
c. Schedule
Task Start Date: 2010 QI Task Completion Date: 2010 QI
d. Deliverables
Draft!Final QAPP/SAP
Task #6 - Conduct Phase II Activities
a. Task Description
Based on the results of the Phase I ESAs, including Recognized Environmental Conditions
(RECs), the Redevelopment Agency will work with property owners and stakeholders to
collaboratively establish criteria and select up to five sites per grant for Phase II ESAs. Up to
five Phase II ESAs will be conducted under the Hazardous Substances Assessment Grant. Up to
five Phase II ESAs will also be conducted under the Petroleum Assessment Grant. Examples of
criteria for the selection of priority sites include property owner goals and interests, proximity
and potential level of threat to sensitive receptors or areas (e.g., schools, parks/playgrounds,
senior facilities, sensitive habitat areas), and potential public benefits of remediation and
redevelopment. Phase II ESAs will involve sampling performed at the sites to confirm the
location and identity of RECs.
b. Task Budget
Cost: Hazardous Substances Grant
Petroleum Grant
TOTAL
$ 105,600
$ 102.800
$ 208,400
c. Sched ule
Task Start Date: 2010 QI Task Completion Date: 201 1 Q2
Chula Vista Assessment Grants Work Plan: Hazardous Substances & Petroleum
Page 7 of 11
6-41
d. Deliverables
Criteria list
List of selected sites
ASTM Phase II reports
Task 7 - Cleanup & Redevelopment Planning / Health Monitoring of Priority Sites
a. Task Description
Based on the area-wide inventory, Phase I ESAs, Phase II ESAs, and community input, the
Redevelopment Agency will prepare cleanup and redevelopment strategies for high priority sites.
The strategies will include feasibility studies for cleanup and redevelopment, including the
ability to secure and pool funding sources for remediation.
b. Task Budget
Cost: Hazardous Substances Grant
Petroleum Grant
TOTAL
$ 7,100
$ 6.300
$ 13,400
c. Schedule
Task Srart Date: 2011 Ql Task Completion Date: 2011 Q3
d. Deliverables
Cleanup and redevelopment strategies
Health monitoring reports (where applicable)
Task 8 - Reporting Activities
a. Task Description
Regular Reporting: The Redevelopment Agency will comply with reporting requirements in the
grant conditions and will also consult with EP A Project Officer, Glenn Kistener, on project-
specific reporting needs. The Redevelopment Agency will provide regular reports to EP A,
including Quarterly Progress Reports, MBEAVBE Reports, and Annual Financial Status Reports.
Quarterly Reports will generally follow the format of the approved work plan. It will include a
list, by project task and budget category, of expenses that will be invoiced and/or have been
invoiced during the reporting period. The Quarterly Report will also include a description of
cumulative expenditures to date by project task and budget category. The quarterly budget
summaries will include information on recipient's cost share. Property Profile Forms (PPFs)
will be submitted initially with the relevant Quarterly Report. An updated PPF will be submitted
each quarter thereafter. The Redevelopment Agency will submit quarterly reports and PPFs
electronically where at all possible. The Redevelopment Agency will be responsible for
Chula Vista Assessment Grants Work Plan: Hazardous Substances & Petroleum
Page 8 of 11
6-42
inputting project and PPF data into the USEP A Assessment, C [eanup & Redevelopment
Exchange System (ACRES) database. This database will be viewed and updated quarterly, if
needed.
Final SummarY Report: The Redevelopment Agency will write a final summary report
describing the initial goals and objectives of the brownfields grant, accomplishment of the goals
and objectives, and any changes implemented. The report will highlight lessons learned and
clearly describe future tasks which will be necessary to complete the cleanup and development
of the sites. The report will describe resources leveraged during the project (other than the EP A
grant), how they were used, and any resources leveraged to continue the project after the
expiration of the brownfields grant. The report will include any supporting assessment
documents or summaries not previously provided. The Final Summary Report will also include
a final property profile (OMB NO. 2050-0192).
Proiect Closeout: The Redevelopment Agency will comply with closeout requirements in the
Terms and Conditions of the Cooperative Agreement.
b. Task Budget
Cost: Hazardous Substances Grant $ 0
Petroleum Grant $ 0
TOTAL $ 0
c. Schedule
Project Start Date: 2008 Ql Project Completion Date: 2011 Q4 (Grant Completion)
d. Deliverables
Quarterly progress reports
Property Profile Forms
Final Summary Report
Field reports, if applicable
Annual Financial Status Reports (FSR)
Final FSR
MBE/WBE Utilization Reports
E. Schedule of Milestones & Deliverables
Chula Vista Assessment Grants Wark Plan: Hazardous Substances & Petroleum
Page 9 of 11
6-43
Fiscal Quarter Quarterly Milestones and Deliverables Due with
Year (Q) Report Due Quarterly Report Status
2009 1st Jan 30th . RFP/Qs for professional consultant services
. Outline summary of Community Outreach &
Involvement Strategy
. Pre-award notification summary and
materials, including flyers and other
distribution materials
2009 2nd April 30th . Area-wide inventory list
. Property Profile Forms (PPFs)
. Update on GIS database integration
. Progress report on community outreach
2009 3'" Julv 30th . Progress report on community outreach
2009 4tn Oct. 30th . Progress report on community outreach
2010 1st Jan 30th . Draft/Final QAPP/SAP
. ProITess report on community outreach
2010 2nd April 30th . Criteria list for Phase I ESAs
. List of selected sites for Phase I ESAs
. Phase I (AAI) reports
. . ProITess report on community outreach
20]0 3'0 Julv 30m . Progress report on community outreach
20]0 4th Oct. 30tn . ProITess report on community outreach
20] ] )st Jan. 30 . Progress report on community outreach
20] ] 2m! April 30th . Criteria list for Phase II ESAs
. List of selected sites for Phase II ESAs I
. ASTM Phase II reports I
. PrOITess report on community outreach 1
,
2011 3ra July 30m . Cleanup and redevelopment strategies
. Health monitoring reports (where applicable)
. Progress report on community outreach
2011 4tn Oct. 30m . Final Summary Report
Ongoing -- n . Annual Financial Status Reports (FSRs) I
. MBE/WBE Utilization Reports
Page 10 of 11
Chula Vista Assessment Grants Work Plan: Hazardous Substances & Petroleum
6-44
.. If you anticipate costs in the Equipment budget category, please consult with your EP A Project Officer. Indirect
costs (shaded) are ineligible expenses under the Brownfields Assessment Program. Eligible construction costs
(shaded) must be allocated under the Contractual budget category.
. The new Brownfields Legislation prohibits the use of any part ofa grant or loan for the payment of an
administrative cost. EP A has made a distinction between prohibited administrative costs and allowable
programmatic costs.
. Administrative Costs: Indirect costs including salaries, benefits, supplies, etc for activities that are not
directly related to the work conducted under the cooperative agreement.
. Proerammatic Costs: Costs for activities (including the portion of salaries andfringe) that are integral to
achieving the purpose of the grant. These include:
. Inventorying, characterizing and assessing sites
. Reports and Deliverables (e.g., Quarterly Reports and Financial Status Reports)
. Community outreach activities
. Travel, training, reference materials and contract support
Chula Vista Assessment Grants Work Plan: Hazardous Substances & Petroleum
Page 11 of 11
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RESOLUTION NO. 2008-
RESOLUTION OF THE CHULA VISTA REDEVELOPMENT
AGENCY ACCEPTING A $400,000 COMMUNITY-WIDE
BROWNFIELDS ASSESSMENT GRANT FROM US EP A FOR
SOUTHWEST CHULA VISTA; AND AMENDING THE
FISCAL YEAR 2009 REDEVELOPMENT AGENCY BUDGET
AND APPROPRIATING $175,000 OF EPA GRANT FUNDS
FOR BROWNFIELDS ASSESSMENT ACTIVITIES
WHEREAS, one of the major programs that a redevelopment agency has the authority
and tools to undertake is the assessment, cleanup, and redevelopment of contaminated sites
known as "brownfields" properties; and
WHEREAS, the United States Environmental Protection Agency (US EPA) provides
grant funding to local communities to help them establish brownfields programs aimed at
addressing environmental health risks and barriers to economic development activities; and
WHEREAS, in 2007, Redevelopment Agency staff submitted a proposal to US EPA to
compete for EPA's Community-wide Brownfields Assessment Grant program which provides
federal funding to inventory, characterize, assess, and plan for the cleanup and reuse of multiple
brownfields sites in large study areas and major corridors; and
WHEREAS, in 2008, US EP A awarded a total of $74 million in grant funding to 1,255
nationally competitive recipients located in 43 states across the country and the Chula Vista
Redevelopment Agency was one of the recipients selected to receive two Community-wide
Brownfields Assessment grants totaling $400,000 in federal funding; and
WHEREAS, a match of Redevelopment Agency or City funds is not required for the
grant; and
WHEREAS, EPA grant funds are disbursed on a reimbursement-only basis and, as such,
expenses will initially be paid from the Redevelopment Agency Fund Balance and reimbursed
from the Brownfields Assessment Grants Fund on a monthly or quarterly basis; and
WHEREAS, sufficient funds are and will be available in the Redevelopment Agency
Fund Balance to initially pay for expenses under the grant and subsequently be reimbursed from
the Brownfields Assessment Grants Fund.
NOW, THEREFORE, BE IT RESOLVED that the Chula Vista Redevelopment Agency
does hereby:
!. That it accepts $400,000 in US EPA grant funds for Community-wide Brownfields
Assessments in Southwest Chula Vista; and
6-46
Resolution No. 2008-
Page 2
2. That it amends the Fiscal Year 2009 Redevelopment Agency Budget and appropriates
$175,000 of EP A grant funds for brownfields assessment activities.
Presented by
Approved as to form by
Eric C. Crockett
Assistant Director of
Redevelopment & Housing
art Miesfe d
Interim General Counsel
6-47
RESOLUTION NO. 2008-
RESOLUTION OF THE CHULA VISTA REDEVELOPMENT
AGENCY APPROVING A TWO-PARTY AGREEMENT FOR
PROFESSIONAL SERVICES WITH SCS ENGINEERS TO
ASSIST IN THE IMPLEMENTATION OF THE FIRST STAGE
OF THE US EPA COMMUNITY-WIDE BROWNFIELDS
ASSESSMENT GRANT AND AUTHORIZING THE INTERIM
EXECUTIVE DIRECTOR TO EXECUTE THE AGREEMENT
WHEREAS, the Chula Vista Redevelopment Agency (RDA) has been awarded a three-
year, $400,000 US EP A Community-wide Brownfields Assessment Grant for the Southwest
Chula Vista study area; and
WHEREAS, tasks and activities under the grant include the creation of an area-wide
inventory of brownfields properties, Phase I Environmental Site Assessments, Phase II
Environmental Site Assessments, remediation and reuse planning, and grant management and
reporting; and
WHEREAS, the RDA issued a Request for Qualifications/Proposals on July 25, 2008 in
search of an environmental consulting firm to assist in the implementation of the first stage of the
grant; and
WHEREAS, bids were received from 11 highly competitive firms, interviews were held
with six of those firms, and SCS Engineers was selected by an interview panel as the
recommended contractor for the first stage of the EP A grant; and
WHEREAS, the consulting tearn from SCS Engineers possesses in-depth experience,
skills, and other qualifications that are unique to EPA Community-wide Brownfields Assessment
Grants; and
WHEREAS, the proposed two-party agreement for professional services provides for
compensation not-to-exceed a total of $153,000, and sets forth task-specific not-to-exceed
amounts for specified tasks and deliverables.
NOW, THEREFORE, BE IT RESOLVED that the Chula Vista Redevelopment Agency
does hereby:
1. Approve a two-party agreement for professional services with SCS Engineers to
assist in the implementation of the first stage of the RDA's EPA Community-wide
Brownfields Assessment Grant.
2. Authorize the Interim Executive Director to execute the two-party agreement.
6-48
Resolution No. 2008-
Page 2
Presented by
Eric C. Crockett
Assistant Director of
Redevelopment & Housing
6-49
Approved as to form by
Counsel