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HomeMy WebLinkAbout09 APPROVE CONTRACT WITH DTSCAgenda Item 9 "~ .~ ~ _~.~. ~ AV ~~L1~ ~~~~~~~~~ RC t eMa~a er F ~~ `G _ _ #- ~r---- Finance Director MEETING DATE: JANUARY 17, 2012 TO: JEFFREY C. PARKER, CITY MANAGER FROM: CITY MANAGER'S OFFICE SUBJECT: APPROVAL OF REIMBURSEMENT AGREEMENT FOR SERVICES WITH CALIFORNIA DEPARTMENT OF TOXIC SUBSTANCES CONTROL SUMMARY Approval is requested for the City to enter into a Reimbursement Agreement with the California Department of Toxic Substances Control ("DTSC"). RECOMMENDATION It is recommended that the City Council authorize the City Manager to execute the attached Reimbursement Agreement with DISC, subject to non-substantive modifications as may be deemed necessary by the City Attorney prior to execution of the agreement. In the event that reimbursements required by DTSC exceed $45,000 under the terms of the Reimbursement Agreement, the City Manager is authorized to execute any amendments to the agreement as may be necessary, provided such amendments do not exceed a total expenditure under the original and amended contract of greater than $100,000. FISCAL IMPACT The City Council at its meeting on December 6, 2011, approved a budget appropriation for the Tustin Legacy Project (Tustin Legacy Expenditure Account 200-40-00-7500) which included and identified the potential need for required reimbursements to the DTSC for its review and coordination on environmental issues/claims at Tustin Legacy. In the event any current contractual restrictions on the Redevelopment Agency under the California Supreme Court stay of portions of AB1 26 and AB1 27 are lifted, the MCAS Tustin Project Area and any unencumbered future land sale proceeds from the Tustin Legacy project will repay the Capital Projects Fund. January 17, 2012 Agenda Report -DTSC Reimbursement Agreement Page 2 It is estimated that the initial cost under the DTSC Reimbursement Agreement will be approximately $45,000, and future amendments may be necessary for any environmental discoveries and DTSC review obligations. BACKGROUND DSTC does not have a mechanism to fund its staffs review of various environmental documents that the City submits to it that are related to Tustin Legacy. Since statutory obligations require DTSC's involvement and review on many of the environmental issues at Tustin Legacy, should the City seek DTSC review, advice or technical evaluation of future documents related to development projects at Tustin Legacy, DTSC is required to seek reimbursement from the City for the cost of those services. Attached is DTSC's proposed Reimbursement Agreement which provides a mechanism and cost estimates for services to be rendered. Such an Agreement is the available mechanism to fund DTSC's services for reviewing work plans, engineering designs, sampling data reports, risk assessments and other technical documents. DISC is not used for oversight of remediation projects that follow the state or federal superfund process or rendering regulatory determinations such as approvals of remedial action plans or removal action work plans pursuant to state law. In those latter instances, a consent agreement pursuant to Health and Safety Code Division 20, Chapter 6.8 would be required. Christine Shingleton Assistant Executive Director Attachment: Reimbursement Agreement ~~ I r ~ ~ t1~ ~~} Department of Toxic Substances Control K~ ,~.= ;: ~~ : ~ Deborah D. Raphael, Director Matthew Rodriquez 1001 "1" Street Edmund G. Brown Jr. Secretary far Governor Environmental Pratection P.O. Box 806 Sacramento, Califarnia 95812-0806 January 10, 2012 City of Tustin Attn: Mr. Jeffery Parker 300 Centennial Way Tustin, CA 92780 Subject: Contract Number 11-T1072 Dear Mr. Parker: The Department of Toxic Substances Control appreciates the opportunity to work with your agency. Enclosed is the Reimbursement Contract Number 11-T1072, developed per your request for your approval and signature. instructions and additional requirements are outlined below: Per the terms of the Contract please submit two (2) copies of the signed Standard 213 face sheet only to: Desa Donahue Depar#ment of Toxic Substances Control Contract Development Unit P.O. Box 806, 1001 I Street, Floor 21 Sacramento, CA 95812-0806 Per the terms of the Contract, please send your check in the amount of $22,485.00 for advance payment to: Ms. Mabel Tsing Department of Toxic Substances Control Accounting Section P.t7. Box 806, 1001 I Street, Floor 21 Sacramento, CA 95812-0806 For program matters, please contact the Contract Manager whose name and phane number is listed in your original Contract. if you have any other questions, please contact me at {916) 327-4031. Si~f`rreiy~, .~ . Desa Donahue if you have any questions, please contact me at {916) 327-4031 STATE OF CALIFORNIA STANDARD AGREEMENT STD 213 {Rev 06!03) AGREEMENT NUMBER 11-T1072 REGISTRATION NUMBER ____ 1. This Agreement is entered into between the State Agenoy and the Contractor named below: sTATe AceNGrs NaME Department of Toxic Substances Control GQNTRACTOft'S NAME City of Tustin 2. The term of this January 01, 2012 through December 31, 2012 Agreement is: 3. The maximum amount 44,969.00 of this Agreement is: Forty Four Thousand Nine Hundred Sixty Nine Dallars and Zero Cents 4. The parties agree to cgmply with the terms and conditions of the following exhibits which are by this reference made a part of the Agreement. Exhibit A -Scope of Work 1 page{s} Exhibit B -Budget Detail and Payment Provisions 2 pages} Exhibit C* -General Terms and Conditions GTG 610 Check mark one item below as Exhibit D: e Exhibit - D Special Terms and Conditions {Attached hereto as part of this agreement} 1 page{s} ^ Exhibit - t~` Special Terms and Conditions Exhibit E -Additional Provisions NlA pages} Items shown with an Asterisk ("), are hereby incorporated by reference and made part of this agreement as if attached berets. These documents can be viewed at www.ots.dgs.ca.gov/Standard+Language tN WETNESS WHEREOF, this Agreement has been executed by the parties hereto. CONTRACTOR OONTRACTOR'S NAME (if other than an indtvlduat, state whether a corporation, partnership, etc.) ~I City of Tustin BY (Authorized Signature) PATE SiGNED(t)o not type) PRINTEp NAME ANp TITLE OF PERSON SIGNING ~I Jeffrey Parker, City Manager AooRESs 300 Centennial Way STATE C-F CALlFORNtA AGENCY NAME _ _. Department of Toxic Substances Control BY (Authorized Signature) DATE SIGNEp(t)a not type) California ,pepartment of General Services Usa Onty PRiN7ED NAME ANp TITLE OF PERSON SIGNING ~~ ^ Exempt per Sandra Poindexter, Chief, Contracts & Business Management Branch ~~-- ApoRESs 1002 I Street, PA. Box 806, Sacramento, CA 95814 City of Tustin Contract No. 11-T1072 Exhibit A -Page 1 of 1 EXHIBIT A (Reimbursement Contract} SCOPE OF WORK 1. City of Tustin, (Applicant) agrees to reimburse the Department of Toxic Substances Control (DTSC) for DTSC's costs incurred in providing review, consultation and/or processing applications} or request(s) made by Applicant. The term of this Contract is through December 31, 2012, far an amount not to exceed $44,969.00. 2. The Project Coordinators during the term of this Contract will be: State A enc : A licant: De artment of Toxic Substances Control: Cit of Tustin: nantaramam (Ram) Peddada Christine Shingleton Hazardous Substances Scientist project Manager Department of Toxic Substances Gontral 300 Centennial Way 796 Corparated Avenue ustin, CA 9278fl Cypress, GA 90630 cshingleton~7a tustinca,org eddada dtsc.ca. ov Phone; 714 484-5418 Phone: 714 573-3116 Fax: 714 484-5437 Fax: 714 838-1602 The Farmer Marine Corps air Station Tustin (Site} is located in the area of the Newport Freeway and Edinger Avenue, Tustin, California 92710. Located in the heart of Orange County, the nearly 1600-acre Site was commissioned in 1942 and played a critical role in Navy and Marine aviation for aver 50 years. Past waste management disposal operations at the Site have resulted in contamination of surface water, groundwater, and soils. Contaminants at the Site include, but are not limited to: jet fuel, aviation gas, oil, solvents, battery acids, and hydraulic oil. The farmer marine base, now known as Tustin Legacy, officially closed in 1999. The Applicant adopted the Marine Corps Air Station Tustin Specific Plan in 2003 and it has been subsequently amended. The pion includes detailed planning standards, policies, regulations, and implementation strategies to guide the reuse and the development of the Site. The Scope of Work to be provided by DTSC under the terms of the Consultative Services Agreement includes DTSC technical consultation of work undertaken by the Applicant in connection with the Site. DTSC's work activities will include the following: • Review technical documents and provide comments; • Attend meetings and participate in conference calls as requested by Applicant; • Provide field oversight as needed; • Evaluate and respond to the Applicant's inquiries regarding the Site and potential requirements; City of Tustin Contract No. 11-T1072 Exhibit B -Page 1 of 2 EXHIBIT B (Reimbursement Contract) BUDGET DETAIL AND PAYMENT PROVISIONS: A. Applicant agrees to advance to DTSC an amount of money based upon OTSC's estimate of the costs it may incur in performing its duties under this Contract. The cost estimate is attached and incorporated by this reference and is included as the Budget for this Contract. B. DTSC's cost estimate shall include all of its costs, both direct and indirect. The hourly rates utilized in the development of any cost estimate shall reflect DTSC's current hourly rates. These hourly rates are updated as needed to allow DTSC to recover its costs. Applicant is responsible for any increases in the direct and indirect rates and agrees to reimburse DTSC for these cost increases. The Applicant agrees to reimburse DTSC for all costs incurred by DISC in the performance of the Work described in Exhibit A, Scope of Work, to this Contract. G. Upon execution of this Contract, Applicant shall remit to DTSC an amount not less than $22,485.00 as advance funding for work to be performed by DTSC. The total amount of this Contract is $44,969.00. Applicant shall submit all payments to: Applicant shall submit all future payments to: Department of Toxic Substances Control Accounting Attn: Mabel Zhan 1001 I Street, 25th Floor P.O. Box 806 Sacramento, California 95812-0806 Attention: Ms. Mabel Tsing D. Copies of checks and letters transmitting such checks shall be sent simultaneously to OTSC's Project Coordinator. E. In the event the advance payment is less than 100°!0, it shall be retained in the Applicant's Account. DTSC shall hold the advance payment until the Contract is completed or terminated. Any remaining charges shall then be applied against the advance, and any unused advance payment will be refunded within 120 days of the completion of the project. F. If the Applicant cancels the Contract, Applicant agrees to pay DTSC a minimum fee of $1,000 out of the advance, regardless of the amount of work or services performed by DTSC under the terms of the Contract. If DTSC incurs more than $1,000.00, Applicant will be responsible far the actual direct and indirect costs incurred or encumbered by DTSC up to the date "notice of cancellation" is received by DTSC, without any additional fee. G. The amount advanced by Applicant may be modified by mutual agreement in writing should the services provided by DTSC exceed its original estimated costs. Upon execution of an amendment to the Scope of Wark which increases the original cost, applicant agrees to pay any additional advance payment to DTSC for such newly agreed upon work. City of Tustin Contract No. 11-T1072 Exhibit B -Page 2 of 2 H. Any dispute cancerning DTSC's costs incurred pursuant to this Contract is subject to the dispute resolution procedures as established pursuant to Health and Safety Code Section 25269.2. DTSC reserves its right to recover unpaid costs under applicable State and Federal laws. Applicant reserves its rights under applicable State and Federal laws regarding any alleged unpaid casts. Classification HSS Sup HSS1 EG Sr. HSE Tax Le, al OT T TASK: _ Agreement ~ 2 0 ~.. __ ... . Meetings, Conference calls & Project Management -- 20 Technical r Document Revi ew/P repare comments _ 80 10 45 36 30 3 Field Oversight 21 `~ 10 Total No. HourslClass 125 10 55 35 30 2 3 Hourl RatelClass $132 $152 $176 $206 $178 $218 $65 CostlClass $16,500 $1,520 $9,680 $7,210 $5,340 $436 $195 Contingency (10°l0~ $4,0$8 Grand Total Cost $44,969 Payment $22.485 City of Tustin Cantract No. 11-T10~2 Exhibit D -Page 1 of 1 EXHIBIT D {Reimbursement Cantract) SPECIAL TERMS AND CONDITIONS A. This Contract is limited to the types, classifications and number of staff who may perform work pursuant to this Contract and for whom DTSC may bill Applicant, and is subject to the provisions as set forth in Exhibit B. B. DTSC or Applicant may terminate this Cantract without cause upon giving the other party 30- day advance written notice. DTSC shall not be liable for any loss or damages sustained by Applicant as a result of the termination of this Contract. C. This Contract shall not be considered effective until it is signed by both parties, and if necessary, approved by the Department of General Services.