HomeMy WebLinkAboutContracts & Agreements_68-1998_CCv0001.pdf STATE OF-CALIFORNIA FULLY EXECUTED CON'TRACTINUMBER AM.NO,
HE" TECHNICAL CONSULTATION AGREEMENT 97-T1547
PCA NUMBER PROJECT NUMBER
112185 900129-00
THIS AGREEMENT,made and entered into this I St day of June, 1998
in the State of California,by and between State of California,through its duly elected or appointed,qualified and acting
TITLE OF OFFICER ACTING FOR STATE AGENCY
Chief Department of Toxic
Business Services Substances Control hereafter called the State,and
APPLICANT'S NAME
City of Redlands Municipal Utilities Department hereafter called the Applicant.
This Agreement is entered into by and between the State of California, Department of
Toxic Substances Control ("DTSC") and City of Redlands Municipal Utilities Department
("Applicant"). This Agreement applies to the City of Redlands Septage Disposal Ponds ("Site"),
located at C.L. Phamis Sand and Gravel Incorporated (dba Sunwest Materials), Alabama Street,
Redlands. '
This Agreement sets forth the provisions by which DTSC will provide risk assessment
consultative services on a cost reimbursement basis. This Agreement is for services that will be
performed by DTSC pursuant to Health and Safety Code Section 25201.9. The Applicant shall
comply with all applicable laws and regulations including local, State and federal requirements, in
executing its duties under this Agreement.
CONTINUED ON 5 SHEETS,EACH BEARING Nk?AE OF APPLICANT AND CONTRACT NUMBER.
IN WITNESS WI-IEREOF,this Agreement has been executed by the parties hereto,u the date first above written,
STATE OF CALIFORNIA APPLICANT
AGENCY
Department of Toxic Substances Control City of Redlands Municipal Utilities Department
BY(AUTHORIZED SIGNATURE)# BY{ALrrIIOWED SIG I
-J AL
William E, Cunningham. or
4 PRINTED NAME 4D ITME OF SIG
P DN OF PERSON SIGNING
Attest:
"
arvin H. Philo Lorrie byzer, it
TITLE ADDRESS
35 Cajon, Suite 15A, P.O Box 3005
Chief, Business Services Redlands, CA 92373
DEPARTMENT OF GENERAL SERVICES
USE ONLY
DEPARTMENT OF
-Toxir— SUBSTANCES 'CONTROL
TOTAL AMOUNT APPROVED
DEC i� A '��998
$1322210,00
SIGNATURE OF ACCOUNTING OFFICER DAT�2Z- 7 IJ THE
EXEMPT rROM
DEPARTMENT OF GE
SERVICES FRS ViEW PEER
SAM 12152, a.
City of Redlands Municipal Utilities Department
Contract No. 97-T 1547
Page 2
I. In consideration of performance of Applicant's obligations herein, DTSC shall provide
professional guidance, consultation, and staff to assist in risk assessment review and
consultative services in accordance with the Scope of Work, Exhibit A, which is
attached hereto and incorporated herein by this reference, for the City of Redlands
Septa,c:,,e Disposal Ponds (Site), which consists of five septage ponds which are located
north of the Santa Ana River and approximately 600 feet east of Alabama Street. The
ponds were reportedly used from around the 1920s to 1985 for disposal of domestic
waste from septic tanks.
The Santa Ana Regional Water Quality Control Board (SARWQCB) is the lead agency
and will perform oversight for the Applicant's site remediation project, including site
characterization; DTSC will provide risk assessment consultation to the Applicant and
the SARWQCB for Applicant's site remediation project.
Any time frames specified in this Agreement or otherwise discussed by the parties are
goals which DTSC will endeavor in utmost good faith and use best efforts to achieve,
however, failure to meet such time frames will not subject DTSC to any liability for
damages that may be suffered by the Applicant.
The term of this Agreement shall be from June 1, 1998 to June 30, 1999 unless modified
in writing by mutual agreement of the parties.
Applicant agrees to reimburse DTSC for its actual cost of performing the consultative
I
services, based on an hourly rate including consultation by DTSC with Applicant and
SARWQCB, and DTSC review of the reports and provision of comments thereon
pursuant to this Agreement. An estimate of the DTSC's costs is attached as Exhibit B.
The estimate includes all direct operating expenses, labor, travel, administrative costs,
and laboratory analysis and related costs. It is understood by the parties the estimate is
figure and DTSC's costs may
i
precisely that, and cannot be relied upon as the final f
exceed or be less than the estimate. Nevertheless, DTSC shall not expend money under
this Agreement in excess of the estimate in Exhibit B without securing a written
modification of this Agreement from the Applicant.
In anticipation of services to be rendered, Applicant shall make an advance payment to
DTSC ofS13,220.00. That payment shall be made no later than 15 days after this
Agreement is fully executed. If Applicant's advance payment does not cover all costs
payable to the DTSC in accordance with this Agreement, Applicant agrees to pay the
additional costs 30 days after receipt of an invoice with backup documentation to
include description of work completed, number of hours and hourly rates, from the
DTSC. out of the advance, Applicant agrees to pay DTSC a rainitnum fee of$1,000-00
regardless of the amount of work or services performed by DTSC under the terms of
the contract. If the Applicant decides to cancel the contract before the amount of work
City of Redlands 'Municipal Utilities Department
Contract No. 97-TI 547
Page 3
performed by DTSC equals $1,000.00, the Applicant agrees to pay the sum of
$1,000.00 as a fee. If the cost of work performed by DTSC exceeds $1,000.00 but is
less than the advance payment ($13,220,00), the Applicant will only be billed for
services performed or costs incurred or obligated for by DTSC up to the date notice of
cancellation is received by DTSC without any additional fee. The advance payment shall
be held until such time as all other costs have been reimbursed. The remaining charges
shall then be charged against the advance.
Applicant agrees to reimburse DTSC for the costs of services provided by DTSC which
are in excess of the advance payment. DTSC agrees to remit to Applicant any
unexpended money in the final balance of the Applicant's account within 120 days
following project completion or termination of this Agreement. DTSC agrees to
provide quarterly expenditure reports to the Applicant. Any dispute regarding the final
balance or its calculation shall be subject to the dispute resolution process set forth in
Section IV below.
The hourly rates utilized in the development of the cost estimates set forth in Exhibit B
reflect the Department's current hourly rates. These rates will be updated as needed to
allow the Department to be reimbursed for actual direct costs. The Department's
indirect rate will be adjusted every six months to allow the Department to recoup its
actual costs. The Applicant is responsible for any increases in the hourly or indirect
rates and agrees to reimburse the Department for these cost increases.
IV. Dispute Resolution Process
If applicant objects to any DTSC recommendation resulting from implementation of the
terms of this Agreement, DTSC and Applicant shall first attempt informally and in good
faith to resolve the dispute, If Applicant and DTSC fail to informally resolve the
dispute, Applicant shall notify DTSC in writing of the objection. DTSC shall provide a
written explanation of its position to Applicant within 45 days of Applicant's notification
of objection to DTSC,
If Applicant disagrees with DTSC's written position statement regarding the dispute,
Applicant may submit a petition to the Science Advisor within thirty(30) days of
Applicant's receipt of DTSC's final position. Applicant's petition shall set forth the basis
of the dispute- The Science Advisor shall receive written evidence and testimony
concerning DTSC's position and Applicant's objection thereto, and shall decide whether
DTSC's position is appropriate under all the facts and circumstances within 30 days of
submission of Applicant's petition unless DTSC informs the Applicant in writing
otherwise. The Science Advisor shall issue a written decision to the Applicant and
SARWQCB affirming DTSC's position, setting aside the DTSC's position, or amending
the DTSC's position, as appropriate. It is recognized that the SARNVQCB has
City of Redlands Municipal Utilities Department
Contract No. 9'7-T154'7
Page 4
regulatory jurisdiction for the Site, and in the event of a dispute, the Science Advisor
will endeavor to achieve consensus among the Applicant, DTSC and SARWQ
During the pendency of all dispute resolution procedures, the time periods for
completion of work to be performed under this Agreement which are affected by the
dispute shall be extended for a period of time not to exceed the actual time taken to
resolve the dispute.
The Dispute Resolution Process only applies to any dispute relating to the cost
reimbursement issues and does not apply to any determinations made by DTSC that are
necessary to protect human health and the environment in carrying out the terms and
conditions set out in this contract. Such determinations are not subject to the Dispute
Resolution Process under this Agreement.
V. Applicant shall submit the advance payment 513,220.00 and subsequent payments
required pursuant to paragraph 111, above, to:
Department of Toxic Substances Control
Accounting
Attention: Ms. Karen Poon
400 P Street, Fourth Floor
P.O. Box 806
Sacramento, California 95812-0806
The total amount payable to DTSC may not exceed the estimated amount of
513,220.00, except pursuant to paragraph 111, above.
Copies of checks and letters transmitting such checks shall be sent simultaneously to
DTSC's Project Coordinator.
V1, Applicant agrees to take all reasonable precautions to protect DTSC employees who are
on Applicant's property for the purpose of performing work required by this Agreement
so that DTSC employees are not exposed to unreasonable risks,
VII. Except as expressly provided in Health and Safety Code Section 25201.9, nothing in
this Agreement is intended to limit or restrict the authority of DTSC to take actions
against the applicant for violations identified by DTSC employees while engaged in
onsite-visits or inspections conducted pursuant to this Agreement.
VIII. This Agreement may be terminated without cause by DTSC or Applicant upon thirty
(30) days written notice sent to the other party. DTSC shall not be liable for any
damages suffered by the Applicant as a result of the termination of this Agreement,
City of Redlands Municipal Utilities Department
Contract No. 97-T 1547
Page 5
I..,
IX, This Agreement shall be subject to the approval of the Department of General Services,
unless otherwise exempted,
X. DTSCs Project Coordinator, address and telephone number for notice is as follows
unless DTSC otherwise notifies the Applicant in writing-,
Stephen M. DiZio, Ph.D.
Science, Pollution Prevention and Technology Program
Human and Ecological Risk Division
400 P Street, 4th Floor
P.O. Box 806
Sacramento, CA 95812-0806
Telephone: (916) 327-2517
X1. The Applicant's Project Manager, address and telephone number for notice is as follows
unless the Applicant notifies DTSC otherwise in writing:
Michael L. Huffstutlev
Chief of Water Resources & Utilities Operations
City of Redlands
35 Cajon, Suite 15A
P.O. Box 3005
Redlands, CA 92373
Telephone: (909) 782-4904
City of Redlands Municipal Utilities Department
Contract No. 97-T1547
EXHIBIT A
SCOPE OF WORK
I.I Jurisdiction. This Agreement is entered into by the Department of Toxic Substances Control
(DTSC) and the Applicant pursuant to Health and Safety Section 25201.9. The Santa Ana
Regional Water Quality Control Board (SARWQCB) is the lead agency for this project and the
DTSC will provide expertise regarding risk assessment.
1.2 Purpose. In entering into this Agreement, it is the objective of the parties that DTSC review
the"Phase LEn-vironmental Site Assessment", the"Feasibility of Closure Alternatives," and the
"Human Health and Groundwater Impact Risk Analysis Results for the Alabama Street Lease
Project Site" and, as requested by the SARWQCB, make a recommendation as to acceptability of
the calculated risk levels. The SARWQCB letter dated March 18, 1998 is attached as reference.
The purpose of this agreement is also to obtain reimbursement from the Applicant for DTSC's
review and consultation costs.
2.0 BACKGROUND
2.1 Ownership. The Alabama Street Lease Project Site is located at 8203 Alabama Street in the
City of Redlands, California.
2.2 Site Background. The site consists of five septage ponds which are located north of the
Santa Ana River and approximately 600 feet East of Alabama Street. The ponds were reportedly
used from around the 1920s to 1985 for disposal of domestic waste from septic tanks. This
investigation has been conducted to evaluate potential contamination associated with the
operation of the former septage ponds.
23 Substances Found at the Site. Soluble lead and Total Petroleum Hydrocarbons have been
detected in earlier, 1994-95, investigations of site soil and sludge samples. Cadmium, lead,
manganese, and selenium have been detected in samples collected from on-site groundwater
monitoring wells. Additional chemicals may be identified as chemicals of potential concern during
review of the site characterization,
3.0 SCOPE OF WORK. It is hereby agreed that Applicant and DTSC shalt conduct the following
response activities in the manner specified herein, and in accordance with a mutually agreed upon
schedule, as follows:
3.0.1. Consultation with SARWQCB Pr6gqft1qqqM, The DTSC Staff Toxicologist shall meet
with the SARWQCB Project Manager to review site history, sampling data and site-specific
geographic and demographic considerations,
City of Redlands Municipal Utilities Department
Contract No. 97-T 1547
3.0.2. Consultation with Applicant, The DTSC Staff Toxicologist shall meet with the Applicant to
review site characterization, health risk, or other reports and to discuss specifics related to the risk
assessment documents and, if necessary, the ecological screening evaluations,
3.1 Human Health Risk Assessment. The DTSC shall review and the Human Health and
Groundwater Impact Risk Analysis and provide SARWQCB and Applicant with written as agreed
upon by DISC with the Applicant and SARWQCB. The comments may be of any form and length
determined appropriate by the DTSC. The DTSC, SARWQCB, and Applicant may hold conference
calls or meetings to discuss site-related matters, including DTSC comments or recommendations.
12 Phase I Environmental Site Assessment The DTSC shall review the Phase I Environmental Site
Assessment and provide SARWQCB and Applicant with written as agreed upon by DTSC with the
Applicant and SARWQCB. The comments may be of any form and length determined appropriate by
the DTSC.
3.3 Feasibility Study of Site Closure Activities The DTSC shall review Feasibility Study of Site
Closure Activities and provide SARWQCB and Applicant with written as agreed upon by DTSC with
the Applicant and SARWQCB. The comments may be of any form and length determined appropriate
by the DTSC.
3.4 Response to Comments The DTSC shall review any written responses to those DTSC
comments documented above on the Human Health Risk Assessment, the Phase I Environmental Site
Assessment,Feasibility Study of Site Closure Activities and provide responses if requested by the
SARWQCB. The comments may be of any form and length determined appropriate by the DTSC.
After review,DTSC will issue as final any written comments on the Human Health Risk Assessment,
the Phase I Environmental Site Assessment, Feasibility Study of Site Closure Activities.
3.5 Record Retention. The DTSC shall retain all cost records associated with the work performed
under this Agreement for a period of not less than six years. During normal business hours,the DTSC
shall have all documents which support the DTSC's cost determination available for inspection upon
request. The availability of records and documents shall be in accordance with the rules of the Public
Records Act.
3,6 Communications. Any of the DTSC's review comments and recommendations made regarding
documents and communications will be communicated to Applicant in writing by the Science Ad-visor
to the Director,Department of Toxic Substances Control or histher designee- No informal advice,
guidance, suggestions or comments by the DTSC regarding reports, plans, specifications, schedules or
any other writings by the DTSC shall be construed to relieve Applicant of the obligation to obtain such
formal approvals as may be required,
2
City of Redlands Municipal Utilities Department
Contract No, 97-T 1547
.).7 Site Ac The DTSC shall b
3 e allowed access to the Site upon consultation with the
Applicant described in this Agreement if the DTSC determines that access is necessary to facilitate
review of the risk assessment or to protect public health and safety or the environment.
3,8 Sampling Data, and Document Availability. When requested by the DTSC, Applicant shall
make available to the DTSC, and shall provide copies of, all technical documents, environmental data
and related information concerning contamination at the Site, and pertinent documents pertaining to
on-site and off-site transfer or transportation and/or disposal of contaminated and suspect
contaminated materials(excluding confidential business information), which may include,but is not
necessarily limited to,technical records, documents prepared by environmental contractors, sampling
and monitoring information, and photographs and maps, whether or not such data and information
were developed pursuant to this Agreement. Availability of records and documents shall be in
accordance with the Public Records Act, which includes provision for Confidential Business
Information.
3
City of Redlands Municipal Utilities Department
Contract No. 97-T 1547
EXHIBIT B
CITY of REDLANDS, CALIFORNIA
ALABAMA STREET LEASE PROJECT SITE
ESTIMATED COSTS AND HOURS
DESCRIPTION STAFF 14OURS ' RATE SUBT(}TAI
(3.0.1 and 3.0.2)Consultation with Staff Toxicologist 8 $110 $ 880
SARWQCB and A licant 460
(3.0.1 and 3.0.2)Consultation with Senior Toxicologist 4 $115
SARWQCB and A licant
(3.1)Review Human Health and Staff Toxicologist
24 $110 2,640
Groundwater Impact Risk Analysis
Results and draft memo 2,640
(3,2)Review Phase I Site Assessment Staff Toxicologist 24 $110
and draft memo
(3.3)Review Feasibility of Site Staff Toxicologist 16 $110 1,760
Closure Activities and draft memo
(3.4)Re nse to comments Staff Toxicologist 21 $110 2,310
Senior Toxicologist 2 $115 230
(3,4)Res onse to comments 1,100
Meeting with the SARWQCB and City Stam`Toxicologist 10 $110
of Redlands
Contract Administration Assoc. Gov.Program 12 $75 900
Analyst
tal Toxicologist is
t
300
Travel, diem
$ 13,2201
TOTAL
1
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STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO )SS
CITY OF REDLANDS )
I, Lorne Poyzer, City Clerk of the City of Redlands, California, do hereby certify
under penalty of perjury that the following is a true and correct excerpt from the minutes
of the City Council meeting held on November 3, 1998:
"Agreement - Environmental Investigation Services - On motion of
Councilmember Gilbreath, seconded by Councilmember Freedman, the
City Council unanimously authorized a technical consultation agreement
with the State of California, Department of Toxic Substances Control
(CDTSC) in the amount of $13,220.00 to provide environmental
investigation services for the Alabama Lease site Project and authorized
the Mayor and City Clerk to sign the agreement on behalf of the City."
The undersigned further certifies that the above action has not been repealed or
amended and remains in full force and effect.
WITNESS my hand and the official seal of the City of Redlands, California, this
2nd day of December, 1998.
Lorri Poyzer, jerk
ec
Ci of R 'tar�ds, Califomia
P.O. BOX 3005 REDLANDS, CA 92373