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HomeMy WebLinkAboutAgenda Bill 3G 06/21/2010~ALU :W a . - '~ r' :X858 . ~1 ~~,ndc''Itewv#3.C~ DATE: June 21, 2010 TO; Honorable Chair and.. Members of the Petaluma Community Development Commission through Executive Director FR(~)M~: Vincent Marengo, Director of Public Works SUI3JECT: PCDC Resolution Approving the Project Budget and Authorizing the Executive Director•to Execute a Professional Services Agreement for the Brownfields Hazardous Materials Assessment Grant and the, Brownfields Petroleum Hydrocarbon Assessment Grant with Environmental Consultant ECON, Inc. RECOMMENDATION: It is'recommended that the Commission adopt the atCached resolution approving the project budget and authorizing the Executive Director to execute aProfessional Services Agreement for the Brownfields Hazardous Materials Assessment Grant and the Brownfields Petroleum Hydrocarbon Assessment Grant with Environmental Consultant ECON, Inc. BACKGROUND: In .May 2009, staff was .notified by the Environmental Protection. Agency (EPA) that the PCDC was, approved to apply for the use. of $400,0.00 of EPA federal funds for the. assessment of potentially environmentally impacted sites within -the Central: Business District (CBD) and the Petaluma Community Development (PCD) Project Area. In October 2009, the federal funds were obligated to the PCDC. Staff has issued a Request for. Proposals for a consultant to perform the community outreach and site assessment activities, and has selected the most qualified firm to assist staff with the implementation. of this program. The grant completion date will be October 31, 2012. DIS~CLJSSION: A,"brownfield" is defned.as an abandoned or underutilized. property where expansion or redevelopment is complicated by either real or perceived environmental contamination. The rich comamereal and industrial heritage of Petaluma has resulted in key properties becoming enYIl'ronrnentally impacted ~ov,,er'.its 153-year history. Despite high land values, many property owners:are.reluctant to~redevelop key lots with possible environmental issues, which could harrxper the process. The EPA assessment grant money pays for a phase I report (an historical recards search .that'idenfifies the potential for contamination) and, if needed; a follow-up phase II report (an analytical testing process to identify the type and concentration of contaminants), Agenda Revie D t Di t Ci Atto Fi Di c «l~/ J Cit M ep . rec or rney ty nance re tor~ ~ anager y thereby saving the expense of these steps. to the property owner. A phase 1 report can cost as much as $10,00.0 and a phase II report can cost as much as $50,000, depending on the size and complexity of he site. It is reasonable to assume that. if property owners are relieved of these up-front expenses, they may be more willing to pursue clean-up and redevelopment. In 2004 and 2005, the PCDC was awarded: two Brownfields ..Assessment Grants from the Environmental Protection. Agency (EPA) in the total .amount of $400,000. These grants, which expired in March 2009; provided a phase I report.for the City of Petaluma-to identify- properties that could be eligible for the program;. resulting in six phase I reports for individual property owners and five subsequent phase II reports. The phase I assessment of the City provided an understanding of likely contamination, based on. historical uses, and focused staff's outreach efforts. Of the five property owners who continued on with phase II assessment, three owners have indicated strong interest in continuing with the redevelopment of their properties. Iri addition to the Assessment Grants, the Petaluma Community Development Commission was awarded an EPA Revolving Loan Fund Grant.in April 2008, inthe amount of $1,000,000, which provides funding for the cleanup. of identified contaminants. The RLF Program Documentation was approved by the Commission in June 200.9, and funds are now available for loans or grants. Working in combination with each other, these two grant programs (the Assessment Grants and the Revolving Loan Fund Grant) support property owners with identification and cleanup of impacted sites, with the intent to redevelop underutilized of 11 parcels. Promotion of these two grants will be implemented concurrently. Public Works staff,prepared the Request for Proposals for the•Assessment Grant Program, and, on March 3, 2010, published. a Notice Inviting Proposals: Fourteen responses were received on March 25, 20.10, of which.. one-half did not include igned copies of the Addendums, as required, and were, therefore, disqualified. The remaining seven proposals• were scored, based upon previous and relevant EPA and,AssessmentGrant-experience, previous and current experience working with .municipalities;, knowledge of and experience with regulatory oversight agencies, understanding and ability to perform phase .I and phase .II site work, approach to prioritizing potential brownfields sites•and performing community outreach, approach to include Disadvantaged Business Enterprise:. firms in the contract work, involvement in local community groups, and. overall clarity and organization of the written ,pro.posal. Four firms were ranked highly and invited to interview in person: MACTEC,located in Petaluma; SCS Engineers, .located. ri;S'anta Rosa; ECON, Inc., aoeated in Sebastopol; and Fugro West,. located in Oakland. Although all of the firms were technically qualif ed to perform the work, staff found ECON's proposal to be most responsive to the Brownfields Assessment Grant program.. Additionally, after viewing'the individual presentations; staff decided_that engaging one firm for both the Revolving Loan Fund and Assessment Grants would yield economies of scale that will allow more grant funds to be spent directly on property assessment and cleanup activities, thereby better supporting the property owners, interested in development, redevelopment or expansion. 2 FINANCIAL IMPACTS: The EPA awarded two, $200;000 grants to the PCDC to perform another round of phase I and phase II site assessments to eligible property,owners located in the Redevelopment Area. Staff allocated .$20,800 from each grant for management of the program (of which a portion has already been accessed); no PCDC funds have been allocated to this program. The remaining $179,200 of each grant will be used for program. promotion :and provide phase I and phase II reports for participating property owners. The agreed not-to-exceed amount is expected to cover the maximum use of the consultant over the next-two years. Brownfields Petrochemical Hydrocarbon Grant Name of Account: EPA.Brownfields Petro Assessment 2009 Account Number: 851201'011 Current Balance: $196,036.50 Br ~ nfields Hazardous Substances Grant Name of Account: Brownfields I3az Sub Assessment 2009 Account Number: 851201021 i Current Balance: $195,980.48 PSA Not-to-Exceed Amount:. $358,400 (inclusive of both .Assessment Grants over the next two years) l A1'TACHIVIEN'I'S it . Resolution, .including Exhibit A, Scope of Work to Standard Professional Services Agreement 2. Resolution 2008-08 A'~TACI°~ iVI EN'r 1 . PETALUMA COMMUNITY DEVELOP-1VIENT COIVIIVIISSION RESOLUTION APPROVING THE PROJECT BUDGET AND AUTHORIZING THE EXECUTIVE ' DIREC`T'OR. TO .EXECUTE A PROFESSIONAL SERVICES AGREEMENT FORTHE BROWNhIE'LDS I~AZARI)OUS MATERIALS ASSESSMENT GRANT AND THE BROWNFIEI:DS PETROLEUM HYDROCARBON ASSESSMENT GRANT WITH ENVIRONMENTAL CONSULTAN'T' ECON, INC. WHEREAS,. the Brownfields Hazardous Materials.Assessment Grant and the Brownfields Petroleum Hydrocarbon Assessment Grarit ("Assessment Grants") have been authorized and funded by the federal government through. the Environmental Protection Agency ("EPA"); and WHEREAS;~the EPA has established procedures~for administration of the Assessment Grants; and i i WHEREAS, the Petaluma Community Development Commission (PCDC) has entered into a cooperative agreement with the EPA to administer -the Assessment Grants; and WHEREAS, City staff has prepared Request for Proposal documents and advertised for a Qualified Environmental Professional to participate in the Brownfields Assessment Grant Project; and WI3EREAS, on March 25, 2010, fourteen (1;4) proposals were received and opened in accordance-with applicable law; and WHEREAS, based on review of the. proposals and qualifications, staff determined that the most. responsive proposal for the Project was that of ECON, Inc. for $358,400; and 4 WI-IEREAS, staff has'verifiedthatECON; Inc. possesses the required training and experience to.meet the EPA's All Appropriate Inquiries Final Rule that qualifies ECON, Inc. to perform the' Project;. and N®W, THEREF®RE, BE IT RESOLVED that the Petaluma Community Development Commission hereby: 1. Approves the. Project Budget in the amount of $400,000. 2. Directs staff to issue a Notice of Award to ECON, Inc. 3. Authorizes. and directs the Executive Director Io execute.an agreement with ECON, Inc. in the amount not to exceed $358;400, which ubstantially conforms to the PCDC's standard Professional Services Agreement, and includes the scope of work and rates as set forth in the attached Exhibit A. 5 ~X~91~1'1' A 'r0 RCS®Ld9'TI®N ASSESSMENT GRANTS SCOPE OF WORK/I'ASKS Task 1: Provide Project Management: Provide project management oversight for the hazardous materials site assessments[udy. Attend EPA educaUOnal meetings and. conferences related to Brownfields in the project area. Project staff will attend at least one regional and' one national meeting over the course of the two year project period. Provide regular qu5rterly reports to the City for submittal 'to .EPA related to grant activities. Prepare and submit Project Reimbursement Requests to the EPA for grant related activities each quarter as necessary.. Pcepaie ahd submit 1VIBE/WBE compliance documents. for each grant to the EPA once per -year and at, the end.. of the grant period. Provide Final Activities Summary Report to EPA. Summary report, stall describe the arse§smentactivities .performed under this grant and a discussion of any changes implemented from- the original plans. This report shall contain supporting documents such as sampling results, field. photographs, and contractor progress reports. The consultant shall also prompt the City [o write a self-evaluation of the assessment work conducted .under the grant. The self-evaluation shall highlight successes, impediments, lessons learned, ar9d a description of future tasks that will be necessary to complete the development of the priority sites. Projected Budget: Petroleum Grant: $]6;405.00 Hazardous Substances Grant: $16,405.00 Estimated Completion Date: To be completed over the 2 year period. Deliverables: Conference materials and list of contacts, if requested, Quarterly Reports for each Assessment Grant, Final Activities Summary Report for each Assessment. Grant, MBE/WBE Compliance Reports. for each Assessment Grant. Task 2: Community Outreach: Conduct an initial community outreach to inform the community and. other stakeholders of the assessment project and the intended outcome of the program: Conduct. up to three subsequent public meetings during the "project to inform the public .of .findings and gain input. The initial public meeting will be in. July.of 2010,. and an additional three meetings will be scheduled in accordance with completion;of technical assessment milestgnes. Information relevant to the Brownfields Program and this project will be provided to the public and be available--for potential posting on the City website. Projected BudgeL• Petroleum Grant: $19;900.00 Hazardous Substances Grant: $19;900.00 6 Estimated Completion Date: The grant award and. scope was announced at a public meeting held in July of 2010. Subsequent meetings; will be scheduled at a laterdate. General public outreach will run the course of the two-year assessment study period. Deliverables: Press releases, meeting summaries, presentations. attendance lists, graphics, etc. Task 3: Conduct Inventory and Rank Sitess Develop a general 'list and map of potential sites via. a literature.search, use of maps and historical data, including- interviews with State, County. and City personnel, and community outreach to the general public .and private landowners to develop ;a list of potential sites. Consultants will create ,a niati`g -for these potential sites to ~}ughlight ~sach things as location in redevelopment area, developer interest, estimated or perceived (from data source) level of contamination, etc. Develop a short list of 5 priority .sites based on ranking criteria such as availability and market demand for the site, impact toaurrounding land use, redevelopment'potential, landowner support, developer interest and,publie input, and other criteria developed during the project. Projected Budget: Petroleum Gran[: $]5,450:00 Hazardous Subsatances: $15,450.00 Estimated Completion Date: July 2010 Deliverables: General list and map of potential hazardous materials sites, information matrix and list of public cgntac.[s; Methodology/criteria for prioritizing. potential sites. List of 5 priority sites. Evaluation committee scoring sheets. Task 4: Conduct Phase I Assessments: Conduct Phase I Environmental .Site Assessments for a minimum of 6 priority sites for each grant. The Phase I ESA will identify the presence or likely presence of:any hazardous substances or petroleum .products on a property that indicate an existing release, past release or a threat of'a release of a hazardous substance or petroleum product into structures oc into the ground; .ground water or surface water on the property. Each Phase 1 Report will be used to create a Property Profile(Form on the EPA ACRES website. ' Projected-Budget: Petroleum. Grant: $22,345.00 Hazardous Substances Grant: $22,345.00 7 Estimated Completion Uate: June 2011 .Deliverables: Phase I' Reports, Property Profile Forms for each site (12). Task 5: Conduct Phase II Assessments: j Develop specific. investigative sequence of tasks in discussions' with .consultant and conduct Phase II ESAs for a minimum of 6 sites for each, grant. Prior to a draft Field Sampling Plan ' being written for the -Phase II investigation, consultant shall conduct a Scoping Session, to ' discuss their thoughts on the total number of samples to be conducted; where and what depth samples will be collected; analytical laboratory metfi~ds to be used to. analyze. samples, etc. A Scoping Session meeting will include invitations to DOH, EPA Region 9 project coordinator, County project coordinator apd..EPA Region 9's Quality Assurance .Management Office representative. The"purpose of;this meeting will be to.gain consensus on the proposed sampling work and provide the consultant with"input before,:writigg the sampling plan. The consultant will then produce a Quality.Assurance Project Plan (QAPP) for'each grant (2), Field Sampling Plans for eachsite (F2) and. Health and Safety Plan (HSP) for each site (12). ECON will implement the approved investigations at the twelve. (12) selected sites and prepare summary reports. Each Phase II report will be used to update the Property Profile Form on the EPA ACRES website. Projected"Budget: Petroleum Grant: $]05;100:00 Hazardous Susbtances $jO5,100.00 Estimated Completion Date: May 2011 through.Iuly2012 i Deliverables: QAPP for each specific grant sent 1o EPA. Assessment reports and supporting documents as determined by EPA Project Officer and County. Property`Profile Form (OMB No,2050-OI92) for each property. Field Sampling ' Plan and Final Health and Safety Plan as approved by the regulatory agency for each site (12). Twelve (12) Phase II~Investigati~n Summary Reports. g ATTAC~9MENT 2 RESOLUTION N0.2008-08 PETAIUMA COMMUNITY DEVELOPAflEIVT COIVIM'ISSION RESOLUTION AUTHORIZING,$U,BMIi[AL OF:APPUCATION TO THE UNITED STATES ENVIRONMENTAL PRQTECTION,AGENGY FOR THE FY 09 BROWNFIELDS ASSESSMENTS GRANTS WHEREAS, two Brownfields Assessment Grants in the dmount p6 $400,000, awarded to the Petaluma CommunityDevelopment Commission (PCDC) in 2004 and 2003,,will expire in March 2009. These assessment grants have provided for Phase l and phdse.ll reports identifying the presence of environmentdl petroleum hydrocarbon and hazardpus substance contaminants at eligible sites; and. WHEREAS, PCDC received a Revolving Loon Fund Geant ih 2008 to augment and support the assessment grant program by making available to pdrticipanls low-interest loans for the clean-up of identified contaminants; and, WHEREAS, to continue ohd expand the prcgrdm, the PCDC desire to apply far both FY 09 Brownfields Assessment Grants in order 1o continue assisting property owners in the environmental assessment. pf their,properiies and to launch a comprehensive Brownfields management strategy for redevelopment; ond, WHEREAS, opplication for FY 09 grant cycle assessmeht grahts is due November 14, 2008, with tuhds to be made available in October 2009; and, WHEREAS, if selected, the PCDC: will enter into a cooperative agreement with the Environmental Protection Agency to administer the dssessment grants. NOW, THEREFORE, BE IT RESOLVED that the Petaluma Community Development Commission hereby: Approves the filing of an application for the FY 09 Hazardous Substohces and Petroleum Assessment Grants from the EPA. PCDC Resolution 2008-OS Page t 9 2. Appoints the Executive Director/City Manager; or designee, as agent to conduct all negotiations, execute and submit all documents including, but not ~ limited to, applications, agreements and payment requests ahd so on, which may be necessdry idrlhe administration of the assessment+grants. ADOPTED.ihis 3~' day- of November,.2008, by the following vote: Commissioner Aye No Absent Abstain Barrett X Freitas X Harris X - Nau, X O'Brien X Vice Choir fibbbitt X Cha1rT0rllptt X ~\ ~ L/ ~ Ramela Torliatt, C air ATTEST: APPROVED ,AS.TO RM: i ~/~ ~ Vl ~:~~~j Claire Cooper, CMC, Recording ietary Eric Darily, General Coilnsel PCDCResolvtion 2008-08 Page 2 10