Westside Parkway DTSC SVA Amendment 2 Revised 06042025.pdf — Bakersfield City Council, June 25, 2025

1 STATE OF CALIFORNIA

ENVIRONMENTAL PROTECTION AGENCY

DEPARTMENT OF TOXIC SUBSTANCES CONTROL
In the Matter of:

Westside Parkway/Conoco Phillips Coke
Westside Parkway and Cross Valley
Canal Realignment Project; Freeway
Construction
Bakersfield, California 93301
P
roponent:

Cit
y of Bakersfield
1600 Truxtun Avenue
Bakersfield, CA 93301
Docket No. HWCA-FY20/21-001
S
econd Amendment to Standard
Voluntary Agreement
H
ealth and Safety Code
Section 79055(a)(1)(C)
I. I

NTRODUCTION
1 .1 Purpose. The purpose of this Second Amendment to the Standard Voluntary Agreement (SVA), Docket Number HWCA FY20/21-001, is to amend the Scope of Work (Exhibit C). This Amendment applies to the SVA between the City of Bakersfield (Proponent) and the Department of Toxic Substances Control (DTSC) fully executed on November 10, 2020 (Exhibit F) and first amended on March 8, 2022 (Exhibit G).

T
his Agreement applies to the Site located at Westside Parkway Freeway Construction (Phase 2) and Cross Valley Canal Realignment Project, in Kern County, California 93308 (Site), identified by Kern County Assessor's Parcel Number (APN) 502- 010-44, the former ConocoPhillips Petroleum Coke Storage Site located within a portion of APN 502-010-52 (formerly 502-010-12), and any off-site area to which hazardous substances have or may have migrated from the Site. The Site is approximately 30.73 acres in size and is bordered by the Alon Bakersfield Refinery to the north, APN 331- 021-02, and the Cross-Valley Canal (CVC) to the east, the CVC, and Kern River to the south, and the Friant Kern Canal to the west. A Site Location Map and a Site Diagram are attached as Exhibits A and B.
1 .2 Amendment. This amendment is in accordance with Paragraph 17 of the Standard Voluntary Agreement. A Cost Estimate and Calendar of Tasks and Schedule are attached as Exhibits D and E.
1 .3 Effective Date. The effective date of this Amendment to the Agreement is the date when this Amendment is fully executed.
2 1.4 Representative Authority. Each undersigned representative of the parties to this Amendment to the Agreement certifies that she or he is fully authorized to enter into the terms and conditions of this Agreement and to execute and legally bind the parties to this Agreement.

1.5 Counterparts. This Amendment may be executed and delivered in any number of counterparts, each of which when executed and delivered shall be deemed to be an original, but such counterparts shall together constitute one and the same document.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the Effective Date.

D
ate: __________________________ ________________________________ Steven Becker, P.G., Chief
Santa Susana Field Laboratory Branch Site
Mitigation and Restoration Program
Department of Toxic Substances Control

CITY OF BAKERSFIELD

B
y:_______________________________

KAREN GOH
Mayor
A
PPROVED AS TO FORM:

VIRGINIA GENNARO
City Attorney
B
y:___________________________

ASHLEY ZAMBRANO
Deputy City Attorney II
I
nsurance:____________
AP
PROVED AS TO CONTENT:

PUBLIC WORKS DEPARTMENT
B
y:___________________________

ZACHARY MEYER
Public Works Director
C
OUNTERSIGNED:

B
y:___________________________

RANDY MCKEEGAN
Finance Director

3 4

LIST OF EXHIBITS

SECOND AMENDMENT TO STANDARD VOLUNTARY AGREEMENT
HWCA-FY20/21-001
EXHIBIT A: SITE LOCATION MAP
EXHIBIT B: SITE DIAGRAM
EXHIBIT C: SCOPE OF WORK
EXHIBIT D: COST ESTIMATE
EXHIBIT E: CALENDAR OF TASKS AND SCHEDULE
EXHIBIT F: STANDARD VOLUNTARY AGREEMENT EFFECTIVE NOVEMBER 10, 2020
EXHIBIT G: STANDARD VOLUNTARY AGREEMENT (AMENDMENT 1) EFFECTIVE MARCH 8, 2022
5 EXHIBIT A

SITE LOCATION MAP
Westside Parkway/Conoco Phillips Coke

6 EXHIBIT B

SITE DIAGRAM
Westside Parkway/Conoco Phillips Coke

7 EXHIBIT C

SCOPE OF WORK
The following tasks will be completed as part of this Agreement:

TASK [1] Human Health Risk Assessment (HHRA)
Proponent will conduc
t a risk evaluation consistent with U.S. EPA Risk Assessment Guidance for Superfund (available at https://www.epa.gov/risk/superfund-risk- assessment-human-health-topics) and the most current version of the applicable DTSC guidance documents (available at
http://www.dtsc.ca.gov/AssessingRisk/humanrisk2.cfm). This evaluation must identify chemicals of concern and potential routes of exposure; characterize the potential risk and/or non-cancer hazard; evaluate potential threats to environmental receptors; consider existing and contemplated uses of the site; and identify site cleanup goals, if necessary.

TASK [2] Deed Restrictions and Land Use Covenants (LUC) The parties agree that deed restrictions or land use restrictions pursuant to California Code of Regulations, title 22, section 67391.1 may be necessary to ensure full protection of the environment and human health. DTSC may require such a LUC in a DTSC-approved remedy based on a RAW, RAP, PEA, or other decision doc ument. If
Proponent is the owner of the Site, Proponent agrees to record the LUC as approved by DTSC within 10 days of receipt of a fully executed original.

If the Proponent is not the owner of the Site and a LUC is required, Proponent will work with the owner to provide DTSC with written confirmation that the owner will cooperate in implementing the DTSC-approved remedy, which may include a LUC. The Proponent must provide DTSC with the owner’s written confirmation prior to the date the draft decision document is to be circulated for public notice and comment. If the Proponent is unable to provide DTSC with written confirmation from the owner, a LUC may not be executed for the Site and the proposed remedy will be reevaluated. 8 EXHIBIT D

COST ESTIMATE
Task VCP Coord.

Project
Manager Supervisor Toxicology Geology
Industrial
Hygienist Engineering
Office
Assistant Staff Counsel
2025 Hourly Rate/Class $256 $222 $390 $301 $333 $256 $331 $131 $438 SVA Amendment 2 Preparation,
Negotiation and issuance 4 4 2 2 4
HHRA Report 8 2 12 12 2
Project Management 8 2
Deed Restriction 82 2 1 2
TOTAL HOURS/CLASS 12 20 8 12 12 0 0 6 16
TOTAL COST/CLASS $3,072 $4,440 $3,120 $3,612 $3,996 $0 $0 $786 $7,008 Subtotal for Future Work $26,034
Contingency (10%) $2,603
SVA GRAND TOTAL $28,637
Exhibit D
Cost Estimate ‐ Westside Parkway, City of Bakersfield 102181 9 EXHIBIT E

CALENDAR OF TASKS AND SCHEDULE
Activity Duration Anticipated
Completion Date
Fully Execute Second
Amendment to SVA 2 weeks to 12 months 04/21/2025
HHRA and Submit Reports 6 weeks following approval
of Work Plan (03/17/2025) 04/28/2025
DTSC Completes HHRA Report
Review
Within 100 days following
submittal of HHRA Reports 09/17/2025
Deed Restrictions and Land Use
Covenants
180 days following approval
of final HHRA Report 03/16/2026
10 EXHIBIT F
STANDARD VOLUNTARY AGREEMENT EFFECTIVE NOVEMBER 10, 2020 In the Matter of
Westside
Parkway/Conoco
Phillips Coke
Proponent:

City of
Bakersfield
1600 Truxtun
Avenue
Bakersfield,
California 93301
CITY OF BAKERSFIELD·
STATE OF CALIFORNIA ENVIRONMENTAL Agreement No. PWZ0-150 PROTECTION AGENCY Approved 10/0'l /2020

DEPARTMENT OF TOXIC SUBSTANCES CONTROL
Docket No. HWCA-FY20/21-001
Standard Voluntary Agreement
Health and Safety Code
Section "25355.5(a)(1 )(C)"
The California Department of Toxic Substances Control (DTSC) and City of Bakersfield (Proponent) enter into this Standard Voluntary Agreement (Agreement) and agree as follows:
_1. Site. This Agreement applies to the Site located at Westside Parkway Freeway Construction (Phase 2) and Cross Valley Canal Realignment Project in Kern County, California 93308 (Site), identified by Kern County Assessor's Parcel Number(s) 502-010-44, the former ConocoPhillips Petroleum Coke Storage Site located within APN 502-010-12 and any off-site area to which hazardous substances have or may have migrated from the Site. The Site is approximately 30.73 acres in size and is bordered by the Alon Bakersfield Refinery to the north, APN 331-021-02 and the Cross-Valley Canal (CVC) to the east, the CVC and Kern River to the south, and the Friant Kern Canal to the west. Site location map and a Site diagram are attached as Exhibits A and B.

2. Jurisdiction. This Agreement is entered into by DTSC and Proponent pursuant to Health and Safety Code section 25355.5(a)(1)(C), which authorizes DTSC to enter into an enforceable agreement to oversee investigation and/or remediation of a release or a threatened release of any hazardous substance at or from the Site.
1 3. Purpose. The purpose of this Agreement is for Proponent to investigate, remediate, and/or evaluate a release, a threatened release, or a potential release of any hazardous substance at or from the Site under the oversight of DTSC. The purpose of this Agreement is also for DTSC to obtain reimbursement from Proponent for DTSC's · oversight costs incurred pursuant to this Agreement.

4. Ownership and Notification.

4.1. The Site is owned by the City of Bakersfield.

4.2. Prior to DTSC providing oversight or review or comment on any document, Proponent shall provide DTSC with the following: ( a) proof of the identity of all current record owners of fee title to the Site and their mailing addresses; (b) written evidence that the owners of record have been sent a notice that describes the actions completed or proposed by Proponent; and (c) an acknowledgment of the receipt of the notice required in subparagraph (b) from the property owners or proof that Proponent has made reasonable efforts to deliver the notice to the property owner and was unable to do so.

4.3. Proponent shall notify DTSC of any changes in ownership of the Site subsequent to the Effective Date of this Agreement and provide written evidence that Proponent notified the new owner(s) of record of the actions completed or proposed by Proponent under this Agreement.

5. Substances Found at the Site. Based on the information available to DTSC and Proponent, the Site is or may be contaminated with hazardous substances, including Polynuclear Aromatic Hydrocarbons (PAHs).

6. Scope of Work and DTSC Oversight. DTSC shaU review and provide Proponent with written comments on all Proponent's deliverables as described in Exhibit C (Scope of Work)' and other documents applicable to the scope of the project. DTSC shall provide oversight of field activities, including sampling and remedial activities, as appropriate. Proponent agrees to perform all the work required by this Agreement.

Proponent shall perform the work in accordance with applicable local, state and federal statutes, regulations, ordinances, rules and guidance documents, in particular, Health and Safety Code section 25300 et seq., as amended.
2 7. Additional Activities. DTSC and Proponent may amend this Agreement to include additional activities in accordance with Paragraph 17 of this Agreement.

If DTSC expects to incur additional oversight costs for these additional activities, it will provide an estimate of the additional oversight costs to Proponent.

8. Endangerment During Implementation.

8.1 Proponent shall notify DTSC's Project Manager immediately upon learning of any condition that may pose an immediate threat to public health or safety or the environment. Within seven days of the onset of such a condition, Proponent shall furnish a report to DTSC, signed by Proponent's Project Manager, setting forth the conditions and events that occurred and the measures taken in response thereto.

8.2 In the event DTSC determines that any activity (whether or not pursued in compliance with this Agreement) may pose an imminent or substantial endangerment to the health or safety of people on the Site or in the surrounding area or to the environment, DTSC may order Proponent to conduct additional activities in accordance with Paragraph 7 of this Agreement or to stop further implementation of this Agreement for such period of time as may be needed to abate the endangerment. DTSC may request that Proponent implement interim measures to address any immediate threat or imminent or substantial endangerment.

9. Access. Proponent shall provide, and/or obtain access to the Site and take all reasonable efforts to obtain access to offsite areas to which access is necessary to implement the Agreement. Such access shall be provided to DTSC's employees, contractors, and consultants at all reasonable times. Nothing in this paragraph is intended or shall be construed to limit in any way the right of entry or inspection that DTSC qr any other agency may otherwise have by operation of law.

10. Sampling, Data and Document Availability. When requested by DTSC, Proponent shall make available for DTSC's inspection, and shall provide copies of, all data and information concerning contamination at or from the Site, including technical records and contractual documents, sampling and monitoring information and photographs and maps, whether or not such data and information was developed pursuant to this Agreement. For all final reports, Proponent shall submit one hard (paper) copy and one electronic copy with all applicable signatures and certification stamps as a text-readable Portable Document Formatted {pdf) file compatible with Adobe Acrobat or a formatted file compatible with Microsoft Word.

11. Record Preservation. Proponent shall retain, during the implementation of this Agreement and for a minimum of six years after its termination, all data, reports, and other documents that relate to the performance of this Agreement. lfDTSC 3 requests that some or all of these documents be preserved for a longer period of time, Proponent shall either comply with the request, deliver the documents to DTSC, or permit DTSC to copy the documents at Proponent's expense prior to destruction.

12. Notification of Field Activities. Proponent shall inform DTSC at least seven days in advance of all field activities pt,Jrsuant to this Agreement and shall allow DTSC and its authorized representatives to take duplicates of any samples collected by Proponent pursuant to this Agreement.

13. Project Managers. Within 14 days of the effective date of this Agreement, DTSC and Proponent shall each designate a Project Manager and shall notify each other in writing of the Project Manager selected. The Proponent's Project Manager shall have the technical expertise in project management, regulatory compliance, and hazardous substance site investigation and remediation sufficient to fulfill his or her responsibilities. Each Project Manager shall be responsible for overseeing the implementation of this Agreement and for designating a person to act in his/her absence. All communications between DTSC and Proponent, and all notices, documents and correspondence concerning the activities performed pursuant to this Agreement shall be directed through the Project Managers. Each party may change its Project Manager with at least seven days prior written n.otice.

14. Proponent's Consultant and Contractor. All engineering work performed pursuant to this Agreement shall be under the direction and supervision of a registered professional engineer licensed in California, with expertise in hazardous substancesite investigation and remediation. All geological work performed pursuant to this Agreement shall be under the direction and supervision of a registered professional geologist licensed in California, with expertise in hazardous substance site investigation and remediation. Proponent's contractors and consultants shall have the technical expertise sufficient to fulfill his or her responsibilities. Within 14 days of the effective date of this Agreement, Proponent shall notify DTSC's Project Manager in writing of the name, title, and qualifications of the registered professional engineer and/or professional geologist and of any contractors or consultants and their personnel to be used in carrying out the work under this Agreement in conformance with applicable state law, including but not limited to, Business and Professions Code sections 6735 and 7835.

15. DTSC Review and Approval. All work performed pursuant to this Agreement is subject to DTSC's review and approval. If DTSC determines that any report, plan, schedule or other document submitted for approval pursuant to this Agreement fails to comply with this Agreement or falls to protect public health or safety or the environment, DTSC may (a) return comments to Proponent with recommended 4 changes and a date by which the Propone-nt must submit to DTSC a revised document incorporating or addressing the recommended changes; or (b) modify the document in consultation with Proponent and approve the document as modified. All DTSG approvals and decisions made regarding submittals and notifications will be communicated to Proponent in writing by DTSC's Branch Chief or his/her designee.

No Informal advice, guidance, suggestions or comments by DTSC regarding reports, plans, specifications,- schedules or any other writings by the Proponent shall be construed to relieve Proponent of the obligation to obtain such written approvals.

16. Payment.

16.1 Proponent is required to pay ( a) all costs incurred by DTSC in association with preparation of this Agreement, and for oversight activities, including review of documents, conducted prior to the effective date of this Agreement; and (b) all costs incurred by DTSC in providing oversight pursuant to this Agreement, including review of the documents and activities described in Exhibit C and associated documents, and oversight of field activities. Costs incurred include interest on unpaid amounts that are billed and outstanding ·more than 60 days from the date of the Invoice.

16.2 An estimate of DTSC's oversight costs is attached as Exhibit D. It is understood by the parties that Exhibit Dis an estimate and cannot be relied upon as the final cost figure. DTSC may provide an adjusted cost estimate as the work progresses.

Prior to adjusting the cost estimate, _DTSC will provide Proponent with a written notice and a detailed explanation of the change to the cost estimate. DTSC will bill Proponent quarterly. Proponent agrees to m_ake payment within 30 days of receipt of DTSC's billing. Such billings wil.l reflect any amounts that have been advanced to DTSC by Proponent.

16.3 In _anticipation of oversight activities to be conducted, Proponent shall make an advance payment of $16,453 to DTSC no later than 10 days after this Agreement is fully executed. It is expressly understood and agreed that OTSC's receipt of the entire advance payment as provided in this paragraph Is a condition precedent to DTSC's obligation to provide oversight, review of or comment on documents. DTSC will draw--0own from the advance payment, which will be documented in DTSC's invoice.

When the ad_vance payment is depleted, DTSC will continue to request payment through the invoice process.

16.4 · All payments made by Proponent pursuant to this Agreement shall be by check payable to the "Department of Toxic Substances Control" and bearing on Its face the project code for the Site (Site# 102181) and the docket number HWCA-FY20/21-001 5 8-11 �2020 Stand'"" Volutt\arj�M>del April 2020, 2020 of this Agreement. Upon request by Proponent, DTSC may accept payments made by credit cards or electronic funds transfer. Payments by check shall be sent to:

Accounting Office
Department of Toxic Substances Control
P.O. Box 806
Sacramento, California 95812-0806
A photocopy of the check shall be sent concurrently to DTSC's Project Manager.

16.5 DTSC shall retain all cost records associated with the work performed under this Agreement as may be required by state law. DTSC will make all documents that support DTSC's cost determination availabl� for inspection upon request in accordance with the Public Records Act, Government Code section 6250 et seq.

17. Amendments. This Agreement may be amended in writing by mutual agreement of DTSC and Proponent. Such amendment shall be effective the third business day following _the day the last party signing the amendment sends its notification of signing to the other party. The parties may agree to a different effective date.

18. Termination forConvenience.

18.1- Except as otherwise provided in this paragraph, each party to this Agreement reserves the right to unilaterally terminate this Agreement for any _reason.

Termination may be accomplished by giving a 30-day advance written notice of the election to terminate this Agreement to the other party. In the event that this Agreement is terminated under Paragraph 18.1, Proponent shall be responsible for DTSC costs through the effective date of termination.

18.2 If operation and maintenance activities are required for the final remedy, Proponent may not terminate the Agreement under Paragraph 18.1 upon DTSC's approval of an Operation and Maintenance Plan as proposed by Proponent, unless an Operation and Maintenance Agreement is entered into between DTSC and Proponent or between DTSC and a party responsible for the required operation and maintenance activities.

19. Calendar of Tasks and Schedules. The attached Exhibit E (Calendar of Tasks and Schedules) is merely for the convenience of listing in one location the submittals· required by this Agreement. The Calendar of Tasks and Schedules lists activities specific to this project based on the available information. DTSC and Proponent shall make a reasonable effort to complete the activity within the schedule 6 8-11-2020 sta,,:Joro Volu:tary Agreemerl.Moool Ap,,12020, 2020 outlined in Exhibit E. A schedule for each related activity shall be established as part of this Agreement.

If Proponent i� unable to meet the activity's schedule, Proponent "Yill notify DTSC's -Project Manager 1 O days prior to the scheduled action or submittal date. If DTSC is unable to meet the activity's schedule, DTSC will notify Proponent 1 O days prior to the scheduled action or submittal date.

20. Incorporation ofExhibits, Plans and Reports. All exhibits are incorporated into this Agreement by reference. All plans, schedules and reports that require DTSC's approval and are submitted by Proponent pursuant to this Agreement are incorporated in this Agreement upon DTSC's approval.

21. Reservation of Rights. DTSC reserves all of its statutory and regulatory powers, authorities, rights, and remedies under applicable laws to protect public health or the environment, including the right to recover its costs incurred therefor. Proponent reserves all of its statutory and regulatory rights, defenses and remedies available to Proponent under applicable laws.

22. Non-Admission of Liability. By entering into this Agreement, Proponent does not admit to any finding offact or conclusion of law set forth.in this Agreement or any fault or liability under applicable laws.

23. Propone nt Liabilities. Nothing in this Agreement shall constitute or be considered a covenant not to sue, release or satisfaction from liability by DTSC for any condition or claim arising as a result of Proponent's past, current, or future operations or ownership of the Site.

24. Government Liabilities. The State of California or DTSC shall not be liable for any injuries or damages to persons or the Site resulting from acts or omissions by Proponent or by related parties in carrying out activities pursu9nt to this Agreement, nor shall the State of California or DTSC be held as a party to any contract entered into by Proponent or its agents in carrying out the activities pursuant to this Agreement.

25. Third Party Actions. In the eyent that Proponent is a party to any suit or claim for damages or contribution relating to the Site to which DTSC is not a party, Proponent shall notify DTSC in writing within 10 days after service of the complaint in the third-party action. Proponent shall pay all costs incurred by DTSC relating to such third-party actions, Including but not limited to responding to subpoenas.

26. California Law. This Agreement shall be governed, performed and interpreted under the laws of the State of California.
7 8-11 -2 Q 2 Q $landaRI Voluntaiy Ag'°""""" Moilel Apli 2020, 2020

27. Severability. If any portion of this Agreement is ultimately determined not to be enforceable, that portion will be severed from the Agreement and the severability shall not affect the enforceability of the remairiing provisions of the Agreement.

28. Parties Bound. This Agreement applies to and is binding, jointly and severally, upon Proponent and its agents, receivers, trustees, successors and assignees, and upon DTSC and any successor agency that may have responsibility for and jurisdiction over the subject matter of this Agreement. Proponent shall ensure that its contractors, subcontractors and agents receive a copy of this Agreement and comply with this Agreement.

29. Effective Date. The effective date of this Agreement is the dale of signature by DTSC's authorized representative after this Agreement is first signed by Proponent's authorized representative. Except as otherwise specified, "days" means calendar days.

30. Representative Authority. Each undersigned representative of the party to this Agreement certifies that she or he is fully authorized to e·nter into the terms and conditions of this Agreement and to execute and legally bind the party to this Agreement.

31. Counterparts. This Agreement may be executed and delivered in any number of counterparts, each of which when executed and delivered shall be deemed to be an original, but such counterparts .shall together constitute one and the same document. This Agreement and documents related to it may be executed and transmitted by facsimile or pdf copy, which copies shall be deemed to be, and utilized in all respects as, an original. However, Proponent must provide the wet-inked signed original of each counterpart to DTSC by mail within 14 calendar days of signing. 8 11/10/2020
Edward J. Walker, P.E.

Branch Chief
Office of Engineering and Special Projects
Site Mitigation and Restoration Program .

Department of Toxic Substances Control
Nick Fidler
Director
Public Works
City of Bakersfield
fJ..·f ') --2020 Slan<lotdVDl~nt•,yAgreernonlM>de1AprllW20. 2020 9 Date _______ _
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed, as of the Effective Date.
"CITY"

CITY OF BAKERSFIELD
By: ��2o/
Mayor
APPROVED AS TO FORM:

VIRGINIA GENNARO
City Attorney
By: � 7---J �U..-,
�(';!NIA GENNARO
City Attorney
Insurance: (}j ) ....__..,
APPROVED AS TO CONTENT:

PUBLIC WORKS DEPARTMENT

NICK FIDLER
Public Works Director
COUNTERSIGNED:

By:(�M u £� f),,,

ANDY MCKEE N
Finance Director
10 "CONTRACTOR"
By: ___________ _
PRINT NAME: _________ _
Title: -----------

EXHIBIT A
Location Map
Westside Parkway/Conoco Phillips Coke
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f>;rport
9 lk 1
Standard V~unlary Agreement Modal March 13, 2020
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I APN 602-01~ ID 29
--------
~ APN 602-010-45/Parcel ID 32
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Approximate Former Tosco Coke Plant Property Boundary
Approximate Parcel Boundary
t::-, Approximate Lc-::ation of Ccke Encapsulat:on Area (Relocated Coke} .I"
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APN 602--0'ID-47/Pan:el ID 34
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502-0tt-12nlen:el I> 36 ~ - - __,,,
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GDC Project No, EN8044
Site Location Map
i'orrr.er Tosco PEtroleum Cok:! Storage She
Bakersfi~ld, CA
Fig_ure: 1
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EXHIBIT C ,,

SCOPE OF WORK
The following tasks wiU be completed as part of this.Agreement:

TASK 1·Document Review
Proponent will submit to DTSC available background information, environmental assessment reports, and any other information pertinent to the hazardous substance management, release, characterization, and/or cleanup of the Site. DTSC may review some or all the information to identify areas and media of concern and to determine the additional work, if any, required to complete the investigation (which includes assessment/evaluation activities not requiring field sampling) and/or remediation of the Site. Proponent may also provide environmental investigation and/or cleanup-related documents for a specific review to determine if actions conducted without DTSC oversight were protective of human health and the environment. The information submitted by Proponent shall be reviewed for conformance with DTSC standards for quality assurance/quality control, investigation, and remediation.

Based on DTSC's review, these documents may be considered to be Preliminary Endangerment Assessment equivalent documents.

Subsequent to its review, DTSC may issue correspondence to the Proponent describing deficiencies of the environmental investigation or cleanup, indicate a limited. concurrenc~ with the findings, or make.a different determination based on specific circumstances and documents included in the review.
14 S(aodlll'd Voluntary Agreement Model March 13, 2020
Documents included in this task are:

1. Westside Parkway DTSC VCA Final Document Summary 5-20-2020 TASK 2 Scoping Meeting
Scoping meetings are required for all voluntary projects where investigation or cleanup is an anticipated aspect of the scope of work; these are conducted shortly after the agreement has been executed, or depending on specific circumstances, may be held during the agreement-negotiation period. During the scoping meeting, potential issues, concerns, opportunities to optimize and expedite the investigation (which includes a~sessment/evaluation activities not requiring field sampling) and cleanup process, as applicable and end D points/exit criteria will be discussed.

An abbreviated version of the scoping me_eting is recommended prior to submittal of work plans, reports and cleanup plans to ensure that both the Proponent and DTSC are moving forward with clear and well-defined expectations.

The following elements may be addressed during the Scoping Meeting:
a) Site Objectives: current and proposed future land uses and redevelopment plans and timetables, etc.
b) Site History: historic operations and land uses, chemical uses, hazardous substance releases, permits, etc.
c) Conceptual Site Model: identification of size, location, geology, lithology, hydrogeology, areas of concern, contaminants of concern, recognized environmental conditions, historic sampling locations and results, data gaps, risk assessments, offsite concerns, etc.
d) Scope of Work: scope of work (phases) as specified in the Agreement based on the available information and preliminary document review; may include discussion about the cleanup determination (e.g., "No Further Action") and decision document proposed for the Site, e.g., Preliminary Endangerment Assessment, Removal Action Work Plan for removal action with costs below $2 million, or Remedial Action Plan for projects exceeding $2 million in capital costs, or proposing innovative technologies, etc.
e) Data Quality Objectives and Remedial Action Objectives: discussion of specific Data Quality Objectives to ensure that appropriate data of sufficient 15 Sl.-.dard Voltnary Ag~ Model Maroh 1a, 2020
quality is collected to facilitate decision-making; discussion of potential cleanup goals and objectives.
f) Risk Assessment and Models: evaluation of published screening levels, If available and appropriate, or use of project-specific risk assessments; discuss risk management and risk communication strategies. g) California Environmental Quality Act (CEQA) requirements: identification of project-specific requirements where applicable, e.g., cultural resources, traffic concerns, ecological resource protection, etc.; identify what DTSC's CEQA role is predicted to be, which documents will be developed, and how to integrate CEQA needs within the overall schedule.
h) Public Participation & Tribal Outreach: discussion of community and tribal involvement and public outreach process, methods, translation needs, and schedule.
i) Schedule: agreed-upon submittal and review dates and timelines for work plans, fact sheets, reports and other key documents; development ofoptimal sequencing of activities to efficiently reach project goals. j). Resources: Review checklists, quick reference sheets, and templates are available for use by those developing documents for DTSC review and · approval. (These tools will be periodically updated and may be made available to Proponents by the DTSC Project Manager)
k) Exit Strategy & Completion of Agreement: proposed future land use, Site acquisition and construction dates, funding limitations or requirements, approval for occupancy, etc. to ensure alignment of Proponent and DTSC goals.

I) Site Visit: A visit to the Site will be conducted to verify and confirm current conditions and project discussions; the visit may take place on the same date as the scoping meeting. Subsequent visits maibe needed if Site conditions change, if new staff are assigned, or for field oversight. 16 stardaf,:l Voluntary AgrOfflfnelll Model Maroh 13, 2020 Task VCP Project
Coordinator Manager
Agreement
preparation,
negotiation and
issuance 2 10
Scoping
. MeetinQ/Site Visit 24
Review and
Comment Current
Conditions Report 24
Interim Measures
Report
Total No.

Hours/Class 2 58
Hourly
Rate/Class $206 $252
Cost/Class $412 $14,616
Total $32,906·
Advance
Payment $16,453

EXHIBITD

COST ESTIMATE WORKSHEET
Westside Parkway/Conoco
Phillips Coke
Supervisor Toxicology Geology
2 6 8
2 8 16
10 8 24
$311 $243 · $253
$3,110 $1,944 $6,072
Industrial Engineering . Project
Hygienist Assistants
2 1 8 2
16 1
1 1 24 6
$206 $252 $83
$206 $6,048 $498

EXHIBIT E

CALENDAR OF TASKS AND SCHEDULE
Westside Parkway/Conoco Phillips Coke
Activity Schedule
Scoping Meeting During Agreement negotiation, or shortly after Agreement execution based on DTSC evaluation of project needs
Advance Payment Within 10 days of Agreement execution
Submit existing data Within 10 days of Agreement execution, or as requested byDTSC
DTSC Completion of Document Within 30-45 days of receipt of documents Included in Review review and/or completion of Scoping Meeting
Invoices DTSC issues quarterly
Cost estimate and Scope of Work DTSC updates the scope and cost estimate annually, or as Updates and Amendments needed, based on work needed to complete the Agreement.

Amendments are issued on an as-need basis.

I Note that DTSC approvals in the target timeframes are contingent upon receiving documents that meet industry standards, .comply with DTSC's direction, and that responses to DTSC questions and/or comments are received in a timely manner. 2 lfworkplan activities are not initialed within six months of the date of DTSC approval, DTSC may require additional investigation, public participation activities, and/or revision to the document.
3 If cleanup plan activities are not initiated within one year of the date of DTSC approval, DTSC may require additional investigation, public participation activities, or revision to the document.
4 If cleanup plan activities are not initiated within one year of the date of DTSC approval, DTSC may require additional investigation, public participation activities, or revision to the document.
17 Standard Voluntary Agnement Model Mar0h 13, 2020
In the Matter of
Westside
Parkway/Conoco
Phillips Coke
Proponent:

City of
Bakersfield
1600 Truxtun
Avenue
Bakersfield,
California 93301

STATE OF CALIFORNIA ENVIRONMENTAL

PROTECTION AGENCY
CLTY OF BAKERSFIEL[)
Agreement No P\/j z_o-15 0
Approved ) o I Pl I :l;b10 ·

1. Site. This Agreement applies to the Site located at Westside Parkway Freeway Construction (Phase 2) and Cross Valley Canal Realignment Project in Kern County, California 93308 (Site), identified by Kern County Assessor's Parcel Number(s) 502-010-44, the former ConocoPhillips Petroleum Coke Storage Site located within APN 502-010-12 and any off-site area to which hazardous substances have or may have migrated from the Site. The Site is approximately 30.73 acres in size and is bordered by the Alon Bakersfield Refinery to the north, APN 331-021-02 and the Cross-Valley Canal (CVC) to the east, the CVC and Kern River to the south, and the Friant Kern Canal to the west. Site location map and a Site diagram are attached as Exhibits A and B.

4. Ownership and Notification.

4.1. The Site is owned by the City of Bakersfield.

4.2. Prior to DTSC providing oversight or review or comment on any document, Proponent shall provide DTSC with the following: (a) proof of the identity of all current record owners offee title to the Site and their mailing addresses; (b) written evidence that the owners of record have been sent a notice that describes the actions completed or proposed by Proponent; and ( c) an acknowledgment of the receipt of the notice required in subparagraph {b} from the property.owners or proof that Proponent has made reasonable efforts to deliver the notice to the property owner and was unable to do so.

6. Scope of Work and DTSC Oversight. DTSC shaU review and provide Proponent with written comments on all Proponent's deliverables as described in Exhibit C (Scope of Work) and other documents applicable to the scope of the project. DTSC shall provide oversight of field activities, including sampling and remedial activities, as appropriate. Proponent agrees to perform all the work required by this Agreement.

Proponent shall perform the work in accordance with applicable local, state and federal statutes, regulations, ordinances, rules and guidance documents, in particular, Health and Safety Code section 25300 et seq., as amended.
2 8-11-2020 S1aridard Voluntary Agreement Mod~ Aptll 2020, 2020

7. Additional Activities. DTSC and Proponent may amend this Agreement to include additional activities in accordance with Paragraph 17 of this Agreement.

If DTSC expects to incur additional oversight costs for these additional activities, it will provide an estimate of the additional oversight costs to Proponent.

8. Endangerment During Implementation.

8.2 In the event DTSC determines that any activity (whether or not pursued in compliance.with this Agreement) may pose an imminent or substantial endangerment to the health or safety of people on the Site or in the surrounding area or to the environment, DTSC may order Proponent to conduct additional activities in accordance with Paragraph 7 of this Agreement or to stop further implementation of this Agreement for such period of time as may be needed to abate the endangerment. DTSC may request that Proponent implement interim measures to address any immediate threat or imminent or substantial endangerment.

9. Access. Proponent shall provide, and/or obtain access to the Site and take all reasonable efforts tci obtain access to offsite areas to which access is necessary to implement the Agreement. Such access shall be provided to DTSC's employees, contractors, and consultants at all reasonable times. Nothing in this paragraph is intended or shall be construed to limit in any way the right of entry or inspection that DTSC qr any other agency may otherwise have by operation of law.

10. Sampling. Data and Document Availability. When requested by DTSC, Proponent shall make available for DTSC's inspection, and shall provide copies of, all data and information concerning contamination at or from the Site, including technical records and contractual documents, sampling and monitoring information and photographs and maps, whether or not such data and information was developed pursuant to this Agreement. For all final reports, Proponent shall submit one hard (paper) copy and one electronic copy with all applicable signatures and certification stamps as a text-readable Portable Document Formatted (pdf) file compatible with Adobe Acrobat or a formatted file compatible with Microsoft Word.

11. Record Preservation. Proponent shall retain, during the implementation of this Agreement and for a minimum of six years after its termination, all data, reports, and other documents that relate to the performance of this Agreement. lfDTSC 3 8-11-2Q2Q Standard Voluo\ary Agreement M:>del April 2020, 2020 requests that some or all of these documents be preserved for a longer period of time, Proponent shall either comply with the request, deliver the documents to DTSC, or permit DTSC to copy the documents at Proponent's expense prior to destruction.

12. Notification of Field Activities. Proponent shall inform DTSC at least seven days in advance of all field activities p1,1rsuant to this Agreement and shall allow DTSC and its authorized representatives to take duplicates of any samples collected by Proponent pursuant to this Agreement.

14. Proponent's Consultant and Contractor. All engineering work performed pursuant to this Agreement shall be under the direction and supervision of a registered professional engineer licensed in California, with expertise in hazardous substancesite investigation and remediation. All geological work performed pursuant to this Agreement shall be under the direction and supervision of a registered professional geologist licensed in California, with expertise in hazardous substance site investigation and remediation. Proponent's contractors and consultants shall have the technical expertise sufficient to fulfill his or her responsibilities. Within 14 days of the effective date of this Agreement, Proponent shall notify DTSC's Project Manager in writing of the name, title, and qualifications of the registered professional engineer and/or professional geologist and of any contractors or consultants and their personnel to be used in carrying out the work under this Agreement in conformance with applicable state law, including but noi limited to, Business and Professions Code sections 6735 and 7835.

15. DTSC Review and Approval. All work performed pursuant to this Agreement is subject to DTSC's review and approval. If DTSC determines that any report, plan, schedule or other document submitted for approval pursuant to this Agreement fails to comply with this Agreement or fails to protect public health or safety or the environment, DTSC may (a) return comments to Proponent with recommended 4 8-11-2020 Standard Voluntary Agreement M:>del April 2020, 2tl20 changes and a date by which the Proponent must submit to DTSC a revised document incorporating or addressing the recommended changes; or (b) modify the document in consultation with Proponent and approve the document as modified. All DTSC approvals and decisions made regarding submittals and notifications will be communicated to Proponent in writing by DTSC's Branch Chief or his/her designee.

No informal advice, guidance, suggestions cir comments by DTSC regarding reports, plans, specifications, schedules or any other writings by the Proponent shall be construed to relieve Proponent of the obligation to obtain such written approvals.

16. Payment.

16.2 An estimate of DTSC's oversight costs is attached as Exhibit D. II is understood by the parties that Exhibit Dis an estimate and cannot be relied upon as the final cost figure. DTSC may provide an adjusted cost estimate as the work progresses.

Prior to adjusting the cost estimate, .DTSC will provide Proponent with a written notice and a detailed explanation of the change to the cost estimate. DTSC will bill Proponent quarterly. Proponent agrees to make payment within 30 days of receipt of DTSC's billing. Such billings wil.1 reflect any amounts that have been advanced to DTSC by Proponent.

16.3 In anticipation of oversight activities to be conducted, Proponent shall make an advance payment of $16,453 to DTSC no later than 10 days after this Agreement is fully executed. It is expressly understood and agreed that DTSC's receipt of the entire advance payment as provided in this paragraph is a condition precedent to DTSC's obligation to provide oversight, review of or comment on documents. DTSC will draw-down from the advance payment, which will be documented in DTSC's invoice.

When the advance payment is depleted, DTSC will continue to request payment through the invoice process.

16.4 All payments made by Proponent pursuant to this Agreement shall be by check payable to the "Department of Toxic Substances Control" and bearing on its face the project code for the Site (Site# 102181) and the docket number HWCA-FY20/21-001 5 8-11 -2 0 20 Standard Voluntary Agr~ent t.Wel Aplil 2020, 2020 of this Agreement. Upon request by Proponent, DTSC may accept payments made by credit cards or electronic funds transfer. Payments by check shall be sent to:

Accounting Office
Department of Toxic Substances Control
P.O. Box 806
Sacramento, California 95812-0806
A photocopy of the check shall be sent concurrently to DTSC's Project Manager.

16.5 DTSC shall retain all cost records associated with the work performed under this Agreement as may be required by state law. DTSC will make all documents that support DTSC's cost determination available for inspection upon request in accordance with the Public Records Act, Government Code section 6250 et seq.

17. Amendments. This Agreement may be amended in writing by mutual agreement of DTSC and Proponent. Such amendment shall be effective the third business day following the day the last party signing the amendment sends its notification of signing to the other party. The parties may agree to a different effective date.

18. Termination for Convenience.

18.1 Except as otherwise provided in this paragraph, each party to this Agreement reserves the right to unilaterally terminate this Agreement for any reason.

19. Calendar of Tasks and Schedules. The attached Exhibit E (Calendar of Tasks and Schedules) is merely for the convenience of listing in one location the submittals required by this Agreement. The Calendar of Tasks and Schedules lists activities specific to this project based on the available information. DTSC and Proponent shall make a reasonable effort to complete the activity within the schedule 6 8'-11-2020 Standard Voluntary Agreem<tnl Model Ap,112020, 2020 outlined in Exhibit E. A schedule for each related activity shall be _established as part of this Agreement.

If Proponent is unable to meet the activity's schedule, Proponent will notify DTSC's . ' .Project Manager 10 days prior to the scheduled action or submittal date. If DTSC is unable to meet the activity's schedule, DTSC will notify Proponent 1 0 days prior to the scheduled action or submittal date.

20. Incorporation- of Exhibits, Plans and Reports. All exhibits are incorporated into this Agreement by reference. All plans, schedules and reports that require DTSC's approval and are submitted by Proponent pursuant to this Agreement are incorporated in this Agreement upon DTSC's approval.

21. Reservation of Rights. DTSC reserves all of its statutory and regulatory po�ers, authorities, rights, and remedies under applicable laws to protect public health or the environment, including the right to recover its costs incurred therefor. Proponent reserves all of its statutory and regulatory rights, defenses and remedies available to Proponent under applicable laws.

22. Non-Admission of Liability. By entering into this Agreement, Proponent does not admit to any finding of fact or conclusion of law set forth.in this Agreement or any fault or liability under applicable laws.

23. Proponent Liabilities. Nothing in this Agreement shall constitute or be considered a covenant not to sue, release or satisfaction from liability by DTSC for any condition or claim arising as a result of Proponent's past, current, or future operations or ownership of the Site.

24. Government Liabilities. The State of California or DTSC shall not be liable for any injuries or damages to persons or the Site resulting from acts or omissions by Proponent or by related parties in carrying out activities pursu�nt to this Agreement, nor shall the State of California or DTSC be held as a party to any contract entered into by Proponent or its agents in carrying out the activities pursuant to this Agreement.

25. Third Party Actions. In the event that Proponent is a party to any suit or claim for damages or contribution relating to the Site to which DTSC is not a party, Proponent shall notify DTSC in writing within 10 days after service of the complaint in the third-party action. Proponent shall pay all costs incurred by DTSC relating to such third-party actions, including but not limited to responding to subpoenas.

26. California Law. This Agreement shall be governed, performed and interpreted under the laws of the State of California.
7 8-11-2020 Slandald Voluntary Agreanenl Model A!><II 2020, 2020

29. Effective Date. The effective date of this Agreement is the date of signature by DTSC's authorized representative after this Agreement is first signed by Proponent's authorized representative. Except as otherwise specified, "days" means calendar days.

30. Representative Authority. Each undersigned representative of the party to this Agreement certifies that she or he is fully authorized to enter into the terms and conditions of this Agreement and to execute and legally bind the party to this Agreement.

LIST OF EXHIBITS TO THE AGREEMENT
EXHIBIT A: SITE LOCATION MAP
EXHIBIT B: SITE DIAGRAM
EXHIBIT C: SCOPE OF WORK
EXHIBIT D: COST ESTIMATE FOR DTSC OVERSIGHT SERVICES
EXHIBIT E: CALENDAR OF TASKS AND SCHEDULE
11 Standard Voluntary Agreemaot Model March 13, 2020

EXH IBIT A
Location Map
Westside Parkway/Conoco Phillips Coke
.......

Links at Riverlakes ft
Ranch Golf Cours e Y
' ' t
r .......
i
0 1ldale
~ ~, --_., -~~-· \~
t.,n County Museum '
E
~
• w~lil ~
4!\ Memond! Hosp11a1
't' B•kersf1eld
Walmart Sopercenter Q
A
j
l
( Londco
Q Ccls1co Wholesale
s '24th&
,
6500 Refme'!/'venue
...... "
~~P'-wy
~ ,,, .......... ,.,, ~ -~... ~ '·~ Call fo j
f /'./ ~ Stal t r.lJ = ____, ,,- University, n N Out 'iurg r "t' X- 8eketsf1eld • .,.."'-'
~
The Parka1 n ~ f
River Walk Y ! f
• ~ if n Regal Edwards
Y Bakersfie ld :
[
I
Valley Plaza
f
I ._ ..

H"-u1 ■
s f
~ r
I
/ Bakersfield 9
Soulhwesl DMV
• .... ,
1 f
Goslord Go gle Venola
12 ' 1, .. .

Bakersfield B
,,.,. 11 OLEANDER
SUNSET
Kern County Fa1rt.l
ipo-ar,I~ rd'f"
@ Kayandee
a11 Q Bake,sO..id
MUnletpal
Airpon
\
tf
\ ·~
f
Wible Orch;,rd .._•l•
:
• ~ , __ ..
0 ·-,_ ..

Ba!
(
...
• •
Standard Voluntary Agreement Model March 13, 2020
I i
~
~
I I
!:
~ ,..
~
...... w
a
t.":)
APN 602-010-46/Parcel ID 32 APN li02~M7~ ID 34
----- 1--· - - -~ ;
- ·}x.1,{\-~,:, \I'
I APN 602-01~ ID 29
=-------:;::::--::--=-=--.:-~ __ -_--:?I
___,-._-.__ _ I Drainage Basin ~ U
--------~ Cross Valley Canal
,12/Plin:el _.,
Approximate Former Tosco Coke Plant Property Boundary
Approximate Parcel Boundary i"
GR au p I GDC Project No. EN8044 I
Site Location Map
Approximate Location of Coke Encapsulation Area (Relocated Coke} ii So1.1.t«': Gaag1t! Eurth
form er Tosco Petroleum Coke Storage Site
Bakersfield, CA
DELTA FiK_ure: 1
~
(/1
....
(/1
a:
(I)
"'tJ
0) ..,
" :E (/) o,:::.: m
'< CD X
0 0 I 0 -· -
:::s ~ OJ
0 -, -I
0 0) OJ
o 3
"'tJ
::I"
"O
(/1
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0 " (I)

EXHIBIT C ''

SCOPE OF WORK
The following tasks wiU be completed as part of this Agreement:

TASK 1 Document Review
Proponent will submit to DTSC available background information, environmental assessment reports, and any other information pertinent to the hazardous substance management, release, characterization, and/or cleanup of the Site. DTSC may review some or all the inform'ation to identify areas and media of concern and to determine the additional work, if any, required to complete the investigation (which includes assessmenUevaluation activities not requiring field sampling) and/or remediation of the Sile, Proponent may also provide environmental investigation and/or cleanup-related documents for a specific review to determine if actions conducted without DTSC oversight were protective of human health and the environment. The information submitted by Proponent shall be reviewed for conformance with DTSC standards for quality assurance/quality control, investigation, and remediation.

Based on DTSC's review, these documents may be considered to be Preliminary Endangerment Assessment equivalent documents.

Subsequent to its review, DTSC may issue correspondence to the Proponent describing deficiencies of the environmental investigation or cleanup, indicate a limited concurrence with the findings, or make a different determination based on specific circumstances and documents included in the review.
14 Standard Voluntary Agreement Mod91 March 13, 2020
Documents included in this task are:

1. Westside Parkway DTSC VCA Final Document Summary 5-20-2020 TASK 2 Scoping Meeting
Scop ing meetings are required for all voluntary projects where investigation or cleanup is an anticipated aspect of the scope of work; these are conducted shortly after the agreement has been executed, or depending on specific circumstances, may be held during the agreement-negotiation period. During the scoping meeting, potential issues, concerns, opportunities to optimize and expedite the investigation (which includes a~sessment/evaluation activities not requiring field sampling) and cleanup process, as applicable and end D points/exit criteria will be discussed.

An abbreviated version of the scoping meeting is recommended prior to submittal of work plans, reports and cleanup plans to ensure that both the Proponent and DTSC are moving forward with clear and well-defined expectations.

The following elements may be addressed during the Scoping Meeting :
a) Site Objectives: current and proposed future land uses and redevelopment plans and timetables, etc.
b) Site History: historic operations and land uses, chemical uses, hazardous substance releases, permits, etc.
c) Conceptual Site Model: identification of size, location, geology, lithology , hydrogeology, areas of concern, contaminants of concern, recognized environmental conditions , historic sampling locations and results , data gaps , risk assessments, offsite concems, etc.
d) Scope of Work: scope of work (phases) as specified in the Agreement based on the available information and preliminary document review; may include discussion about the cleanup determination (e.g ., "No Further Action") and decision document proposed for the Site, e.g., Preliminary Endangerment Assessment , Removal Action Work Plan for removal action with costs below $2 million, or Remedial Action Plan for projects exceeding $2 million in capital costs, or proposing innovative technologies, etc .
e) Data Quality Objectives and Remedial Action Objectives: discussion of specific Data Quality Objectives to ensure that appropriate data of sufficient 15 Slandard Voluntary Agreement Model March 13, 2020
quality is collected to facilitate decision-making; discussion of potential cleanup goals and objectives.
f) Risk Assessment and Models: evaluation of published screening levels, if available and appropriate, or use of project-specific risk assessments; discuss risk management and risk communication strategies. g) California Environmental Quality Act (CEQA) requirements: identification of project-specific requirements where applicable, e.g., cultural resources, traffic concerns, ecological resource protection, etc.; identify what DTSC's CEQA role is predicted to be, which documents will be developed, and how to integrate CEQA needs within the overall schedule.
h) Public Participation & Tribal Outreach: discussion of community and tribal involvement and public outreach process, methods, translation needs, and schedule.
i) Schedule: agreed-upon submittal and review dates and timelines for work plans, fact sheets, reports and other key documents; development ofoptimal sequencing of activities to efficiently reach project goals. j) Resources: Review checklists, quick reference sheets, and templates are available for use by those developing documents for DTSC review and approval. (These tools will be periodically updated and may be made available to Proponents by the DTSC Project Manager)
k) Exit Strategy & Completion of Agreement: proposed future land use, Site acquisition and construction dates, funding limitations or requirements, approval for occupancy, etc. to ensure alignment of Proponent and DTSC goals.

I) Site Visit: A visit to the Site will be conducted to verify and confirm current conditions and project discussions; the visit may take place on the same date as the scoping meeting. Subsequent visits may'be needed if Site conditions change, if new staff are assigned, or for field oversight. 16 Standard Volunta;y Agreement Model March 13, 2020
Task VCP Project
Coordinator Manager
Agreement
preparation,
negotiation and
issuance 2 10
Scoping
Meetinq/Site Visit 24
Review and
Comment Current
Conditions Report 24
Interim Measures
Report
Total No.

Hours/Class 2 58
Hourly
Rate/Class $206 $252
Cost/Class $412 $14,616
Total $32,906
Advance
Pavment $16,453

EXHIBITD

COST ESTIMATE WORKSHEET
Westside Parkway/Conoco
Phillips Coke
Supervisor Toxicology Geology
2 6 8
2 8 16
10 8 24
$311 $243 $253
$3,110 $1,944 $6,072 .

Industrial Engineering Project
Hygienist Assistants
2 1 8 2
16 1
1 1 24 6
$206 $252 $83
$206 $6,048 $498

EXHIBIT E

CALENDAR OF TASKS AND SCHEDULE
Westside Parkway/Conoco Phillips Coke
Activity Schedule
Scoping Meeting During Agreement negotiation, or shortly after Agreement execution based on DTSC evaluation of project needs
Advance Payment Within 10 days of Agreement execution
Submit existing data Within 10 days of Agreement execution, or as requested. byDTSC
DTSC Completion of Document Within 30-45 days of receipt of documents included in Review review and/or completion of Scoping Meeting
Invoices DTSC issues quarterly
Cost estimate and Scope of Work DTSC updates the scope and cost estimate annually, or as Updates and Amendments needed, based on work needed to complete the Agreement.

Amendments are Issued on an as-need basis.
j
!Note that DTSC approvals in the target timeframes are contingent upon receiving documents that meet industry standards, .comply with DTSC's direction, and that responses to DTSC questions and/or comments are received in a timely manner. 2 If workplan activities are not initiated within six months of the date of DTSC approval, DTSC may require additional investigation, public participation activities, and/or revision to the document.
3 If cleanup plan activities are not initiated within one year of the date of DTSC approval, DTSC may require additional investigation, public participation activities, or revision to the document.
4 If cleanup plan activities are not initiated within one year of the date of DTSC approval, DTSC may require additional investigation, public participation activities, or revision to the document.
17 I
Standard Voluntary Agrooment Model March 13, 2020
10 EXHIBIT G

STANDARD VOLUNT
ARY AGREEMENT (AMENDMENT 1) EFFECTIVE MARCH 8,
2022

Westside Parkway/ConocoPhillips Coke
Standard Voluntary Agreement Amendment 1

4. Ownership and Notification.

4.1. The Site is owned by the City of Bakersfield.

4.2. Prior to DTSC providing oversight or review or comment on any document, Proponent shall provide DTSC with all of the following: (a) proof of the identity of all current record owners of fee title to the Site and their mailing addresses; (b) written evidence that the owners of record have been sent a notice that describes the actions completed or proposed by Proponent; and (c) an acknowledgment of the receipt of the notice required in subparagraph (b) from the property owners or proof that Proponent has made reasonable efforts to deliver the notice to the property owner and was unable to do so.

4.3. Proponent shall notify DTSC of any changes in record ownership of the Site subsequent to the Effective Date of this Agreement and provide written evidence that Proponent notified the new owner(s) of record of the proposed or ongoing environmental evaluation or actions contemplated as part of this Agreement.

6. Scope of Work and DTSC Oversight. DTSC shall review and provide Proponent with written comments on all Proponent's deliverables as described in Exhibit C (Scope of Work) and other documents applicable to the scope of the project. DTSC shall provide oversight of field activities, including sampling and remedial activities, as appropriate. Proponent agrees to perform all the work required by this Agreement.

7. Additional Activities. DTSC and Proponent may amend this Agreement to include additional activities in accordance with Paragraph 17 of this Agreement. If DTSC expects to incur additional oversight costs for these additional activities, it will provide an estimate of the additional oversight costs to Proponent.

8. Endangerment During Implementation.

8.1. Proponent shall notify DTSC's Project Manager immediately upon learning of any condition that may pose an immediate threat to public health or safety or the environment. Within seven days of the onset of such a condition, Proponent shall furnish a report to DTSC, signed by Proponent's Project Manager, setting forth the conditions and events that occurred and the measures taken in response thereto.

8.2. In the event DTSC determines that any activity (whether or not pursued in compliance with this Agreement) may pose an imminent or substantial endangerment to 00\JTRACTOR
2 Standard Voluntary Agreement Model March 13, 20!0 COPY

Bakersfield City CouncilJune 25, 2025

Bakersfield City Council
June 25, 2025