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Resolution No. 94571 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 too 22 23 24 25 26 27 28 RESOLUTION NO. 9457 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AND AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR PROFESSIONAL SERVICES BY AND BETWEEN THE CITY OF VERNON AND TSS CONSULTANTS AND D/K ENVIRONMENTAL WHEREAS, the City of Vernon ("City") has received a proposal from D/K Environmental ("D/K") for the modification to a hazardous waste treatment facility at 3650 E. 26th Street, which requires the lissuance of a Conditional Use Permit and other permits and approvals by the City; and WHEREAS, the City has determined that an environmental study of the impacts of the operation is required prior to the issuance of the Conditional Use Permit under the California Environmental Quality Act ( "CEQA") ; and WHEREAS, D/K has agreed to pay for the preparation of any necessary environmental review documents; and WHEREAS, the City desires to retain the services of TSS Consultants ("TSS") to conduct an environmental review for the proposed hazardous waste treatment facility at 3650 E. 26th Street; and WHEREAS, the Director of Community Services & Water has recommended that an agreement for the environmental consulting services be executed with D/K and TSS to furnish the services required by the City; and WHEREAS, the City Council of the City of Vernon has determined that, pursuant to the provisions of subsection (a) of Section 2.27 of the Vernon City Code, it is in the public interest and necessity to enter into an agreement with D/K and TSS setting forth the 1 terms and conditions for the performance of the environmental 2 consulting services to enhance services provided to the Vernon 3 community. 4 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE 5 CITY OF VERNON AS FOLLOWS: 6 SECTION 1: The City Council of the City of Vernon hereby 7 finds and determines that the recitals contained hereinabove are true 8 and correct. 9 SECTION 2: The City Council of the City of Vernon hereby 10 approves the Agreement for Professional Services with D/K and TSS, a 11 copy of which is attached hereto as Exhibit A and incorporated by 12 reference. 13 SECTION 3: The City Council of the City of Vernon hereby 14 authorizes the Mayor or Mayor Pro-Tem to execute the Agreement with 15 D/K and TSS for, and on behalf of, the City of Vernon and the City 16 Clerk is hereby authorized to attest thereto. 17 SECTION 4: The City Council of the City of Vernon hereby 18 directs the City Clerk, or her designee, to give one fully executed 19 Agreement to: 20 D/K Environmental` Attn. Bruce DeMenno, President 21 P. 0. Box 1966 22 South Gate, CA 90280 23 TSS Consultants Attn. Frederick A. Tornatore, Vice President 24 2724 Kilogore Road Rancho Cordova, CA 95670 25 26 27 28 2 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION 5: The City Clerk of the City of Vernon shall certify to the passage of this resolution, and thereupon and thereafter the same shall be in full force and effect. APPROVED AND ADOPTED this 6th day of November, 2007. ATTEST: MANUELA GIRON, ity Clerk Name: Leonis C. Malburg Title: Mayor - 3 - 1 2 3 4 5 6 7 8' 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I, MANUELA GIRON, City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 9457, was duly adopted by the City Council of the City of Vernon at an adjourned regular meeting of the City Council duly held on Tuesday, November 6, 2007, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. (SEAL) MANUELA GIRO , City Clerk - 4 - EXHIBIT A AGREEMENT FOR PROFESSIONAL SERVICES This Agreement for Professional Services (the "Agreement") is between the City of Vernon, a California municipal corporation (the "City"), TS.S Consultants, a California partnership ("TSS"), and D/K Environmental, a California corporation (the "Developer"). RECITALS The City has received a proposal from the Developer for closure of wastewater treatment processes and tank closures for storage of off -site hazardous waste while continuing rail transfer activities for both hazardous waste and hazardous materials and continue storage of hazardous materials facility at 3650 East 26th Street in Vernon, California, which requires issuance of a Conditional Use Permit and other permits and approvals by the City (the "Project"). The City has determined that an environmental review of proposed changes is required prior to the issuance of a Conditional Use Permit, under the California Environmental Quality Act and that the City will need to contract with a consultant to provide that environmental review. The Developer has agreed to pay the City for the preparation of any necessary environmental review, as set forth herein, and Developer understands that, despite the fact that Developer is paying for the environmental review, the work is being done on behalf of and for the benefit of the. City. Although Developer may determine its willingness to continue to pay for the environmental review, the scope of the services for the environmental review is to be determined solely by the City. The City and Developer desire to have TSS conduct the aforementioned environmental. review, as described in the Scope of Services attached hereto as Exhibit A. NOW, THEREFORE, for good and valuable consideration, the parties agree as follows. 1. Performance of Services. TSS agrees to perform professional services and provide deliverables to the City and the Developer (collectively the "Services") with respect to the Project, in accordance with the terms and conditions of this Agreement. 2. Standard of Performance. TSS represents and warrants that each staff person to be assigned to perform the Services is fully qualified to conduct the work required hereunder. TSS shall be responsible, to the level of competency presently maintained by other practicing professionals performing the same type of work in the State of California, for the professional and technical soundness, accuracy and adequacy of all work and materials furnished under this Agreement. Frederick Tomatore shall act as TSS's project manager and representative. 3. Scope of Services and Deliverables. The Scope of Services to be undertaken by TSS and the Deliverables .to .be provided to the City and the Developer are set forth in the Scope of Services attached hereto as Exhibit A. 4. Changes. The City and the Developer may at any time by written authorization change the Scope of Services or Deliverables to be provided by TSS hereunder. If such change results in an increase or decrease in the Services, TSS will provide written notice to the City and the Developer of the change including any increase or decrease in the price, before proceeding Agreement between TSS Consultants, the City of Vernon and D/K Environmental Page 2 of 7 with the work. No changes shall be implemented by TSS unless they are first approved by the City and the Developer in writing. The City and the Developer shall have no obligation to pay TSS for any work not previously approved by the City and the Developer in writing. Scheduled work may, however, be delayed by time needed to obtain written authorization of any change. 5. Time of Performance. TSS agrees that it shall regularly and diligently perform the Services in the time and sequence specified in Exhibit A. The City and the Developer warrant their understanding that the Services TSS is to undertake are in part dependent on information, decisions and activities by others, including the City and the Developer, which TSS does not and cannot control, and that to the extent that delays occur due to such circumstances beyond TSS's control, the time of performance cited in Exhibit A may be extended for a reasonable period of time not to exceed the length of the delay. 6. Compensation. For all labor, materials and services provided by TSS, including all expenses, based on the fee schedule set forth in the Scope of Services, TSS shall receive a total contract compensation not to exceed the amount set forth in Exhibit A, unless subsequently modified and approved by the City and the Developer in writing. TSS's right to compensation shall not be dependent upon the City's approval or disapproval of the Project, or upon the result of any City action relating to the Developer. 7. Method and Time of Payment. 7.1. TSS shall submit monthly invoices to the City for the Services rendered, including any direct costs incurred, with a copy to the Developer, which invoices shall be paid within 30 days of the date delivered to the City, subject to any amounts disputed in good faith as described below. If such statements are not so paid when due, the unpaid amount thereof, to the extent determined to due and payable hereunder, shall bear interest at the rate of 10% per annum from their due date until paid. 7.2. Developer may dispute any part of a TSS invoice by providing a written notice of such dispute, with reasonable details, to City, which written notice of dispute City shall provide to TSS, unless City provides to Developer a written determination made in good faith that there is no reasonable basis for Developer's dispute. Should the City dispute any part of a TSS invoice, the basis of such dispute shall be delivered to TSS in writing within ten (10) calendar days of the subject invoice transmittal date. If such notice from the. City is received by TSS, TSS reserves the right to reasonably modify the time of performance as set forth in the Scope of Services pending resolution of the dispute. 8. Financial Obligations by Developer. 8.1. The Developer shall pay all costs for TSS's performance of the work set forth in Exhibit A. Within ten (10) working days of the effective date of this Agreement, the Developer shall submit payment to the City in the amount of $51,382.00, which represents the amount set forth in Exhibit A and an additional payment in the amount of $5,000.00 :for the City's contract administrative costs in undertaking the environmental review and Agreement between TSS Consultants, the City of Vernon and D/K Environmental Page 3 of 7 permit issuance process. Thereafter, in the event that the City determines that CEQA requires additional environmental analysis or document preparation not covered in the Services to be provided by TSS, including but not limited to preparation of a Mitigated Negative Declaration or an Environmental Impact Report, and upon approval by the City and the Developer of an amendment to the Scope of Services by TSS, then the Developer shall transmit additional monies to the City for payment of these additional services and additional City administrative costs, within ten (10) working days of any such amendment to the Scope of Services. In addition to the above, the Developer shall pay, within ten (10) working days of the request, any additional amounts required to compensate the City for its administrative costs related to the Project, as such additional amounts are agreed to by the City and the Developer. 8.2. If at any time, the review process for the Project_ is terminated, or if the review process is completed, any unencumbered funds previously deposited by the Developer shall remain in the possession of the City and, within thirty (30) days after the City's final payment to TSS, the City shall refund all such remaining unencumbered funds to the Developer 9. Ownership of Report. Without prior written approval from the City and the Developer, TSS shall not provide, or disclose any of the contents of, the report, data, and exhibits prepared or assembled by TSS in connection with the performance 'of the Services to any person other than the City and the Developer. All such reports, data, and exhibits shall be the separate property of each of the City and the Developer, and the original shall be delivered to the City and the Developer upon demand. TSS shall have the right to retain copies of all of its work upon completion of the Services, subject to its non -disclosure requirement provided herein. 10. Sharing of Information. It is the intent of the parties that the report, data, exhibits or study results prepared, developed or assembled by TSS are to be shared equally and concurrently with both the City and the Developer. TSS agrees that that no report, data, exhibits or study results shall be provided to either the City or the Developer, unless those same materials have previously or simultaneously been provided to the other. Notwithstanding the above, TSS may, as it deems necessary, consult with either the City or the Developer individually for the purpose of obtaining information required for the preparation of the report, data, exhibits or study results. ILInsurance. 11.1. TSS shall maintain insurance in the minimum amounts set forth below before beginning work on the Project, and, upon the City's or the Developer's request, provide the City or the Developer with certificates evidencing full compliance with the requirements of this provision: Agreement between TSS Consultants, the City of Vernon and D/K Environmental Page 4of7 Minimum Required Insurance Per Aggregate Occurrence a. Workers Compensation Statutory Employer's Liability ................. $1,000,000 $2,000,000 b. Comprehensive General and Contractual Liability: Bodily injury or property damage ............ $1,000,000 $2,000,000 Personal injury, with employee exclusion $1,000,000 deleted c. Comprehensive Automobile Liability for all owned, hired and non -owned vehicles: Bodily injury and property damage .......... $1,000,000 $2,000,000 d. Professional Liability ...................................... $2,000,000 $2,000,000 12. Indemnification. 12.1. . TSS agrees to indemnify, hold harmless and defend the City, the Developer, and their respective affiliates, employees and agents from and against any liability, claim, demand or cause of action and which action arises as a result of TSS's negligent performance of the Services or breach of its obligations under this Agreement. The amount payable by TSS with respect to such indemnification shall, however, be limited to the greater of (1) the amount paid by the proceeds of insurance identified herein and carried by TSS, or (2) the amount of compensation actually paid to TSS hereunder by the Developer; provided such limitation shall not apply to any liability, claim, demand or cause of action based on TSS's grossly negligent, intentional or willful misconduct or fraudulent actions. 12.2. The Developer, independent of the indemnity obligation of TSS, agrees to defend, indemnify, hold harmless and defend the City and its elected officials from and against any liability, claim, demand or cause of action arising from any third party action brought against the City or its elected officials challenging the adequacy of the environmental review or the issuance of any permits or approvals for the Project. 13. Independent Contractor. TSS shall perform the Services hereunder as an independent contractor and no partnership, joint venture or other joint or fiduciary relationship between TSS, the City and the Developer shall be implied hereby. This Agreement shall not be construed to authorize TSS, or any of its employees or authorized agents, to act as the Agreement between TSS Consultants, the City of Vernon and D/K Environmental Page 5 of 7 representative of the City or the Developer, unless otherwise provided for in the scope of services. 14. Nondiscrimination. TSS shall not discriminate against any employee or any applicant for employment because of race, religion, color, sex, national origin or disability, in accordance with all requirements of state and federal law. 15. Successors and Assigns. This Agreement shall be binding upon the successors, assigns and legal representatives of TSS, the City and the Developer. 16. Assignment. TSS agrees that it shall not assign or subcontract the Services described herein or any part thereof without the prior written approval of the City and the Developer. 17. Notice. Written notice under this Agreement shall be deemed to have been duly given if delivered in person or sent by (a) certified mail, return receipt requested, (b) a nationally recognized overnight courier, or (c) a facsimile transmission with automatic answer back, to the addresses set forth on the execution page of this Agreement. 18. Attorneys' Fees. In the event that litigation is necessary.to enforce the provisions of this Agreement, the prevailing party in said litigation shall be entitled to recover reasonable attorneys' fees from the opposing party in an amount determined by the court .to be reasonable. 19. References. Any reference to the approval, consent, authorization or other action by "the City and the Developer" in this Agreement shall mean the joint approval, consent, authorization or action of both parties. 20. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. 21. Suspension and Termination. 21.1; The City or the Developer may suspend or terminate this Agreement at any time 'by written notice to TSS, whether or not TSS is in default. Upon receipt of a termination notice, TSS shall (a) promptly discontinue all Services affected (unless the notice directs otherwise), and (b) deliver, or otherwise make available to the City and the Developer, all data, drawings, specifications, reports, estimates, summaries and such other information and materials as may have been accumulated by TSS in performing Services authorized hereunder, whether completed or in progress. 21.2. If the City or the Developer seeks to resume TSS's services on the Project within three months following a notification of suspension, there shall be no change in TSS's compensation. In the event the City or the Developer seeks to resume TSS's services on the Project after being suspended for more than three months, TSS's compensation shall be equitably adjusted. 21.3. TSS may terminate this Agreement as a result of the City's and the Developer's breach of their obligations under this Agreement, upon ten (10) days written notice to the Agreement between TSS Consultants, the City of Vernon and D/K Environmental Page 6 of 7 City and the Developer if City and Developer fail to cure such breach within such period of time. Upon delivery of a termination notice, TSS shall (a) promptly discontinue all Services affected (unless the notice directs otherwise), and (b) deliver, or otherwise make available to the City and the Developer, all data, drawings, specifications, reports, estimates, summaries and such other information and materials as may have been accumulated by TSS in performing Services authorized hereunder, whether completed or in progress. 21.4. In the event that the termination of this Agreement is for any reason other than the fault of TSS, then TSS shall be compensated in accordance with the provisions of the Scope of Services for the Services performed and expenses incurred to the date of such suspension or termination, plus any reasonable costs and expenses which are reasonably incurred by TSS to effect such suspension or termination. 22. Contract Term. This Agreement shall commence beginning on the date of execution by all the parties and expire on the close of business on September 30, 2007, or the completion of the Services, whichever occurs earlier, unless extended by mutual agreement of the parties. 23. Entire Agreement. This Agreement represents the entire agreement between TSS, the City and the Developer and supersedes all prior negotiations, representations or agreements. This Agreement may be amended only by a written instrument signed by an authorized representative of TSS, the City and the Developer. IN WITNESS WHEREOF, the parties hereto, each of whom warrants that they are authorized to execute agreements on behalf of TSS and the Developer, have executed this Agreement on the date set forth below. (intentionally left blank) Agreement between TSS Consultants, the City of Vernon and D/K Environmental Page 7 of 7 City: City of Vernon Leonis C. Malburg, Mayor ATTEST: Manuela Giron, City Clerk TSS Consultants, a California partnership 2724 Kilogore Road Rancho Coonva, California 70 y- — Frederick A. Tornatore, Vice President Date: t :A Print Name Title Date: APPROVED AS TO FORM: Jeff A. Harrison, City Attorney D/K Environmental, a California corporation P.O. Box 1966 South Gate, CA 90280 By Bruce DeMenno, President Date: By Print Name7e' I� CIO © n% Title 4���„�T -� C0i�t'0 Date: L Z10 -7 EXHIBIT A DKE Vernon Conditional Use Permit Amendment CEQA Analysis Phase 1 - Scope Of Work DK Environmental has applied to the City of Vernon to amend its existing Conditional Use Permit to allow for a series of operational changes at its facility located at 3560 East 26th Street, Vernon, California In Phase I, TSS Consultants will assist the City of Vernon (the "City") by preparing the necessary Environmental Checklist and draft Initial Study for use by the City in the environmental evaluation of the DKE proposed Conditional Use Permit amendment. The Initial Study to be prepared will take into account the needs of the City as the Lead Agency under CEQA, with the principal responsible agencies being the California Department of Toxic Substances Control (DTSC) and the South Coast Air Quality Management District (SCAQMD). The Initial Study will be based upon project information and documents supplied to TSS by the project proponent as part of the CUP amendment process. The Initial Study will also rely on information, documents, and permit applications for those germane aspects of the project requiring approval from the DTSC and SCAQMD. Upon approval of the draft Intial Study document by the City, TSS will further assist in the preparation of a Mitigated Negative Declaration for this project if so determined by the City. If it determined that additional environmental analyis or document preparation beyond that indicated in the attached item -specific SOW including, but not limited to an Environmental Impact Report, then a Phase II of this CEQA project will occur and an appropriate SOW and budget will be submitted to the City for approval. This SOW will be executed under the direction of TSS Consultants and its associates. TSS Consultants has previously prepared a Draft Environmental Impact Report for a project at the. DK Environmental site which was previously cancelled. Additional work will be performed by subcontractors who are familiar with the project proponent's Vernon facility and surrounding area. DKE CUP Revision Potential Health Impacts Proposed Scope of Work The objective of the scope of work to be conducted by RATECH and Bureau Veritas is to describe the methods of study that will be used to determine if the proposed project presents a significant impact to public health under both routine and "upset" conditions, and/or the implementation of mitigating measures are sufficient to minimize such impacts. The results of this process are to be considered in the preparation of the Initial Study (IS). In 2006, potential health impacts at the project location were evaluated in the Health Risk Assessment for the D/KEnvironmental Facility (HRA). The assumptions to this assessment were based on the proposed operations as a hazardous waste TSDF as described in the RCRA Part B Permit Application. Currently, the facility is seeking approval to operate rail transfer activities for both Hazardous Waste and Hazardous Materials and continue storage of Hazardous Materials, which represent changed conditions from those depicted in the HRA. However, the analyses performed as part of the HRA can be used to semi -quantitatively compare potential health impacts associated with currently proposed operations to those evaluated in the HRA. The following steps need to be applied to the evaluation of both routine operation evaluation and the "risk of upset" evaluation. PHASE 1 Step 1 Operation Review and Comparison to 2005 HRA Assumptions • Compare and document the new proposed operations, relevant to the risk assessment process, to those assumed in the HRA. • Identify tankage associated with hazardous waste/materials as well as potential volumes to be managed. Step 2 Data Review Based on the new proposed operations, it will be necessary to identify the potential materials to be handled at the facility. Two categories need to be evaluated which include hazardous waste and hazardous materials. • Identify physical characteristics of hazardous materials (wastes and product) proposed to be managed. Sources of data may include MSDS, lab data, product specifications, etc.. • Identify potential hazardous constituents in managed materials (wastes and product) — Sources of data may include MSDS, lab data, product specifications, etc.. • Compare characteristics and identified chemicals to those previously evaluated in the 2005 HRA • Evaluate potential emission sources • Compare emission sources to those identified in HRA Step 3 Identify Potential Mitigation Measures (e.g., air pollution control devices) • Review Air Permits and potential permit quantitative limitations • Review emission control device specifications • Determine if mitigating measures are sufficient to assert that impacts will be consistent with those determined as part of the HRA or less. PHASE 2 Based on the. outcome of Phase 1, it may be necessary to proceed with additional emission quantifications. That is, if Phase 1 cannot reasonably demonstrate that the revised proposed operations will result in potential health impacts equal to or less than those described in the HRA, it may be necessary to perform a detail evaluation of emissions. Because detailed air dispersion modeling was prepared under the HRA, it is not expected that new dispersion modeling will be necessary unless the "risk of upset" scenario is significantly different from the scenario described in the HRA. p kn INn CIS d to N Twos. rNi p 00 O k Twos 00 O kn 64 00 O kn b4 p 00 O kn GOS �y d �n N Gosos IN00 �O l� Gos O in G d �n N Twos d �n N 69 00 p kn b4 00 p kn Gf3 N � l— rss f i��t4 . 00 p C 6os pp M Twos A ,. �i ?C Y O Y bq O O O O a0i cd .O O O O j En ti .fir •O .�i ti N 4 'Y � Y >l F, N a•� O O O p Q. d 9 �! O W cid 4� AO y Q" 4� N N «i s'.' •�•I W VJ Vi fn i•n Vl .. ccd •cd � Y cd441 •.U. Vl • C� b L^ •�y a UUi cd cd cd � cd cd cd cd cd cd - cd c S cd cd cd cd cd cd • ¢, : °Q., 'C b � . . 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From: Brian Marchetti Vice President Transportation Planner TSS Consultants Los Angeles Office 2724 Kilgore Road 1055 Corporate Center Drive, Suite 300 Rancho Cordova, CA 95670 Monterey Park, CA 91754-7642 All. Fax: (916) 638-93 Phone:(916) 638-8811 Date: 1/18/2007 Subject: Submittal of Proposed Addendum - Vernon DKE Traffic cc: Fred - Sorry for the additional delay, but our proposed addendum follows. City of Vernon has indicated that new traffic counts at the study roadway segments will not be necessary. 3 Pages Including This Coversheet KOA Proj: JA5191X Los Angeles San Diego Tustin Ontario Oakland Phone:323-260-4703 Phone:619-683-2933 Phone:714-573-0317 Phone:909-890-9693 Phone:510-839-0061 Fax:323-260-4705 Fax:619-683-7982 Fax: 714-573-9534 Fax:909-890-9694 Fax:510-834-0964 hV://koacrm/Doc Fax - Form.aspx 1/18/2007 1055 Corporate Center, suite 300 Monterey Park, CA 91754-7642 p. 323.260.4703 f 323.260.4705 www.katzoldtsu.com San Diego p 619.683.2933 f 619.683.7982 Tustin p 71+573.0317 f 714.573.9534 Ontario p 909.890.9693 f 900.800.9694 Oakland p 408.608.7707 f 408.225.3971 Oki Associates Planning and L ngfneering January 18, 2001 Mr. Frederick A. Tornatore, R.E.A. Vice President, Environmental Services & Technology TSS Consultants 2724 Kilgore Road Rancho Cordova, CA 95670 Subject: Vernon DKE Facility Expansion — Traffic Impact Analysis Proposed Addendum 91 - Additional Services (Katz, Okhsu & Associates Job Number JA5191X) Dear Mr. Tornatore, Based on your conversations with Brian Marchetti in our Monterey Park office last week, we have evaluated the tasks that would be necessary to revise the project traffic study under a revised project description. The task and fee summarized within .this addendum .would update the previous traffic study of July 18, 2005. We are providing this Project Addendum #1 for your review and approval, which would allow us to conduct the necessary additional: tasks. This letter serves as an Addendum to the original contract between TSS Consultants and Katz, Okitsu & Associates for this project, executed on June 6, 2005. Scope and Fee Details The additional efforts described herein would provide for the re -analysis of the expanded project, based on the revised project description. It is the intention of Katz, Okitsu & Associates to utilize existing counts conducted in June, 2005 for the original traffic impact analysis. The City of Vernon was contacted to verify this -- annual growth factoring to escalate the volume to 2007 levels will likely be applied for the. analysis. Once Katz, Okitsu & Associates receives information on the revised estimated number of truck trips to and from the facility on a daily basis, as well as the revised estimated increase in the number of ' employees at the expanded facility, the revisions to the traffic study can begin. Tasks would be as follows: Factor existing daily roadway counts from 2005 to 2007, utilizing ambient growth rates. defined by the County Congestion Management Program (CMP); - Re -analyze project trip generation, utilizingtruck trip and employee increase estimates for the expanded project; - Update all report tables, figures, text, and appendices; and - Submit draft version to Client for review, provide final to City for additional comments, respond to comments and finalize report. . Vernon DKE Facility Expansion Addendum #1 January 18, 2007 14 . W4 U�k1tSUbCiRt@5nging arul Engineering Scope and Fee Summary The additional tasks could be conducted for the additional total fee of $3,000. Any necessary environmental documentation tasks for TSS Consultants reports would be completed by Katz, Okitsu &Associates under the previously approved separate budget of $6,400. Estimated Schedule Katz, Okitsu & Associates can complete the revised traffic report within three weeks of the receipt of approval of this addendum. Any additional tasks for environmental' documentation of traffic results, beyond the production of the actual traffic study report, can be conducted under a schedule that is mutually agreeable to the Client and Katz; Okitsu & Associates. Please contact me if you have any questions about this Addendum. Sincerely, Joel alter Vic President TZ, OKITSU & ASSOCIATES Addendum Approval by TSS Consultanas: Name Signatur Date Vernon DKE Facility Expansion —Addendum ##1 Page 2 January 18, 2007 AGREEMENT FOR PROFESSIONAL SERVICES This Agreement for Professional Services (the "Agreement") is between the City of Vernon, a California municipal corporation (the "City"), TSS Consultants, a California partnership ("TSS"), and D/K Environmental, a California corporation (the "Developer"). RECITALS The City has received a proposal from the Developer for closure of wastewater treatment processes and tank closures for storage of off -site hazardous waste while continuing rail transfer activities for both hazardous waste and hazardous materials and continue storage of hazardous materials facility at 3650 East 26th Street in Vernon, California, which requires issuance of a Conditional Use Permit and other permits and approvals by the City (the "Project"). The City has determined that an environmental review of proposed changes is required prior to the issuance of a Conditional Use Permit, under the California Environmental Quality Act and that the City will need to contract with a consultant to provide that environmental review. The Developer has agreed to pay the City for the preparation of any necessary environmental review, as set forth herein, and Developer understands that, despite the fact that Developer is paying for the environmental review, the work is being done on behalf of and for the benefit of the City. Although Developer may determine its willingness to continue to pay for the environmental review, the scope of the services for the environmental review is to be determined solely by the City. The City and Developer desire to have TSS conduct the aforementioned environmental review, as described in the Scope of Services attached hereto as Exhibit A. NOW, THEREFORE, for good and valuable consideration, the parties agree as follows. 1. Performance of Services. TSS agrees to perform professional services and provide deliverables to the City and the Developer (collectively the "Services") with respect to the Project, in accordance with the terms and conditions of this Agreement. 2. Standard of Performance. TSS represents and warrants that each staff person to be assigned to perform the Services is fully qualified to conduct the work required hereunder. TSS shall be responsible, to the level of competency presently maintained by other practicing professionals performing the same type of work in the State of California, for the professional and technical soundness, accuracy and adequacy of all work and materials furnished under this Agreement. Frederick Tomatore shall act as TSS's project manager and representative. 3. Scope of Services and Deliverables. The Scope of Services to be undertaken by TSS and the Deliverables to be provided to the City and the Developer are set forth in the Scope of Services attached hereto as Exhibit A. 4. Changes. The City and the Developer may at any time by written authorization change the Scope of Services or Deliverables to be provided by TSS hereunder. If such change results in an increase or decrease in the Services, TSS will provide written notice to the City and the Developer of the change including any increase or decrease in the price, before proceeding Agreement between TSS Consultants, the City of Vernon and D/K Environmental Page 2 of 7 with the work. No changes shall be implemented by TSS unless they are first approved by the City and the Developer in writing. The City and the Developer shall have no obligation to pay TSS for any work not previously approved by the City and the Developer in writing. Scheduled work may, however, be delayed by time needed to obtain written authorization of any change. 5. Time of Performance. TSS agrees that it shall regularly and diligently perform the Services in the time and sequence specified in Exhibit A. The City and the Developer warrant their understanding that the Services TSS is to undertake are in part dependent on information, decisions and activities by others, including the City and the Developer, which TSS does not and cannot control, and that to the extent that delays occur due to such circumstances beyond TSS's control, the time of performance cited in Exhibit A may be extended for a reasonable period of time not to exceed the length of the delay. 6. Compensation. For all labor, materials and services provided by TSS, including all expenses, based on the fee schedule set forth in the Scope of Services, TSS shall receive a total contract compensation not to exceed the amount set forth in Exhibit A, unless subsequently modified and approved by the City and the Developer in writing. TSS's right to compensation shall not be dependent upon the City's approval or disapproval of the Project, or upon the result of any City action relating to the Developer. 7. Method and Time of Payment. 7.1. TSS shall submit monthly invoices to the City for the Services rendered, including any direct costs incurred, with a copy to the Developer, which invoices shall be paid within 30 days of the date delivered to the City, subject to any amounts disputed in good faith as described below. If such statements are not so paid when due, the unpaid amount thereof, to the extent determined to due and payable hereunder, shall bear interest at the rate of 10% per annum from their due date until paid. 7.2. Developer may dispute any part of a TSS invoice by providing a written notice of such dispute, with reasonable details, to City, which written notice of dispute City shall provide to TSS, unless City provides to Developer a written determination made in good faith that there is no reasonable basis for Developer's dispute. Should the City dispute any part of a TSS invoice, the basis of such dispute shall be delivered to TSS in writing within ten (10) calendar days of the subject invoice transmittal date. If such notice from the. City is received by TSS, TSS reserves the right to reasonably modify the time of performance as set forth in the Scope of Services pending resolution of the dispute. 8. Financial Obligations by Developer. 8.1. The Developer shall pay all costs for TSS's performance of the work set forth in Exhibit A. Within ten (10) working days of the effective date of this Agreement, the Developer shall submit payment to the City in the amount of $51,382.00, which represents the amount set forth in Exhibit A and an additional payment in the amount of $5,000.00 for the City's contract administrative costs in undertaking the environmental review and Agreement between TSS Consultants, the City of Vernon and D/K Environmental Page 3 of 7 permit issuance process. Thereafter, in the event that the City determines that CEQA requires additional environmental analysis or document preparation not covered in the Services to be provided by TSS, including but not limited to preparation of a Mitigated Negative Declaration or an Environmental Impact Report, and upon approval by the City and the Developer of an amendment to the Scope of Services by TSS, then the Developer shall transmit additional monies to the City for payment of these additional services and additional City administrative costs, within ten (10) working days of any such amendment to the Scope of Services. In addition to the above, the Developer shall pay, within ten (10) working days of the request, any additional amounts required to compensate the City for its administrative costs related to the Project, as such additional amounts are agreed to by the City and the Developer. 8.2. If at any time, the review process for the Project is terminated, or if the review process is completed, any unencumbered funds previously deposited by the Developer shall remain in the possession of the City and, within thirty (30) days after the City's final payment to TSS, the City shall refund all such remaining unencumbered funds to the Developer 9. Ownership of Report. Without prior written approval from the City and the Developer, TSS shall not provide, or disclose any of the contents of, the report, data, and exhibits prepared or assembled by TSS in connection with the performance of the Services to any person other than the City and the Developer. All such reports, data, and exhibits shall be the separate property of each of the City and the Developer, and the original shall be delivered to the City and the Developer upon demand. TSS shall have the right to retain copies of all of its work upon completion of the Services, subject to its non -disclosure requirement provided herein. 10. Sharing of Information. It is the intent of the parties that the report, data, exhibits or study results prepared, developed or assembled by TSS are to be shared equally and concurrently with both the City and the Developer. TSS agrees that that no report, data, exhibits or study results shall be provided to either the City or the Developer, unless those same materials have previously or simultaneously been provided to the other. Notwithstanding the above, TSS may, as it deems necessary, consult with either the City or the Developer individually for the purpose of obtaining information required for the preparation of the report, data, exhibits or study results. 1 1. Insurance. 11.1. TSS shall maintain insurance in the minimum amounts set forth below before beginning work on the Project, and, upon the City's or the Developer's request, provide the City or the Developer with certificates evidencing full compliance with the requirements of this provision: Agreement between TSS Consultants, the City of Vernon and D/K Environmental Page 4 of 7 Minimum Required Insurance Per Aggregate Occurrence a. Workers Compensation Statutory Employer's Liability ................. $1,000,000 $2,000,000 b. Comprehensive General and Contractual Liability: Bodily injury or property damage ............ $1,000,000 $2,000,000 Personal injury, with employee exclusion $1,000,000 deleted c. Comprehensive Automobile Liability for all owned, hired and non -owned vehicles: Bodily injury and property damage .......... $1,000,000 $2,000,000 d. Professional Liability ...................................... $2,000,000 $2,000,000 12. Indemnification. 12.1. , TSS agrees to indemnify, hold harmless and defend the City, the Developer, and their respective affiliates, employees and agents from and against any liability, claim, demand or cause of action and which action arises as a result of TSS's negligent performance of the Services or breach of its obligations under this Agreement. The amount payable by TSS with respect to such indemnification shall, however, be limited to the greater of (1) the amount paid by the proceeds of insurance identified herein and carried by TSS, or (2) the amount of compensation actually paid to TSS hereunder by the Developer; provided such limitation shall not apply to any liability, claim, demand or cause of action based on TSS's grossly negligent, intentional or willful misconduct or fraudulent actions. 12.2. The Developer, independent of the indemnity obligation of TSS, agrees to defend, indemnify, hold harmless and defend the City and its elected officials from and` against any liability, claim, demand or cause of action arising from any third party action brought against the City or its elected officials challenging the adequacy of the environmental review or the issuance of any permits or approvals for the Project. 13. Independent Contractor. TSS shall perform the Services hereunder as an independent contractor and no partnership, joint venture or other joint or fiduciary relationship between TSS, the City and the Developer shall be implied hereby. This Agreement shall not be construed to authorize TSS, or any of its employees or authorized agents, to act as the Agreement between TSS Consultants, the City of Vernon and D/K Environmental Page 5 of 7 representative of the City or the Developer, unless otherwise provided for in the scope of services. 14. Nondiscrimination. TSS shall not discriminate against any employee or any applicant for employment because of race, religion, color, sex, national origin or disability, in accordance with all requirements of state and federal law. 15. Successors and Assigns. This Agreement shall be binding upon the successors, assigns and legal representatives of TSS, the City and the Developer. 16. Assignment. TSS agrees that it shall not assign or subcontract the Services described herein or any part thereof without the prior written approval of the City and the Developer. 17. Notice. Written notice under this Agreement shall be deemed to have been duly given if delivered in person or sent by (a) certified mail, return receipt requested, (b) a nationally recognized overnight courier, or (c) a facsimile transmission with automatic answer back, to the addresses set forth on the execution page of this Agreement. 18. Attorneys' Fees. In the event that litigation is necessary to enforce the provisions of this Agreement, the prevailing party in said litigation shall be entitled to recover reasonable attorneys' fees from the opposing party in an amount determined by the court .to be reasonable. 19. References. Any reference to the approval, consent, authorization or other action by "the City and the Developer" in this Agreement shall mean the joint approval, consent, authorization or action of both parties. 20. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. 21. Suspension and Termination. 21.1. The City or the Developer may suspend or terminate this Agreement at any time )by written notice to TSS, whether or not TSS is in default. Upon receipt of a termination notice, TSS shall (a) promptly discontinue all Services affected (unless the notice directs otherwise), and (b) deliver, or otherwise make available to the City and the Developer, all data, drawings, specifications, reports, estimates, summaries and such other information and materials as may have been accumulated by TSS in performing Services authorized hereunder, whether completed or in progress. 21.2. If the City or the Developer seeks to resume TSS's services on the Project within three months following a notification of suspension, there shall be no change in TSS's compensation. In the event the City or the Developer seeks to resume TSS's services on the Project after being suspended for more than three months, TSS's compensation shall be equitably adjusted. 21.3. TSS may terminate this Agreement as a result of the City's and the Developer's breach of their obligations under this Agreement, upon ten (10) days written notice to the Agreement between TSS Consultants, the City of Vernon and D/K Environmental Page 6 of 7 City and the Developer if City and Developer fail to cure such breach within such period of time. Upon delivery of a termination notice, TSS shall (a) promptly discontinue all Services affected (unless the notice directs otherwise), and (b) deliver, or otherwise make available to the City and the Developer, all data, drawings, specifications, reports, estimates, summaries and such other information and materials as may have been accumulated by TSS in performing Services authorized hereunder, whether completed or in progress. 21.4. In the event that the termination of this Agreement is for any reason other than the fault of TSS, then TSS shall be compensated in accordance with the provisions of the Scope of Services for the Services performed and expenses incurred to the date of such suspension or termination, plus any reasonable costs and expenses which are reasonably incurred by TSS to effect such suspension or termination. 22. Contract Term. This Agreement shall commence beginning on the date of execution by all the parties and expire on the close of business on September 30, 2007, or the completion of the Services, whichever occurs earlier, unless extended by mutual agreement of the parties. 23. Entire Agreement. This Agreement represents the entire agreement between TSS, the City and the Developer and supersedes all prior negotiations, representations or agreements. This Agreement may be amended only by a written instrument signed by an authorized representative of. TSS, the City and the Developer. IN WITNESS WHEREOF, the parties hereto, each of whom warrants that they are authorized to execute agreements on behalf of TSS and the Developer, have executed this Agreement on the date set forth below. (intentionally left blank) Agreement between TSS Consultants, the City of Vernon and D/K Environmental Page 7 of 7 City: City of Vernon Leoni�CM alburg, Mayor TTEST: Manuela Giron, C ty Clerk TSS Consultants, a California partnership 2724 Kilogore Road Rancho C' .000va, California 70 Y Frederick A. Tornatore, Vice President Date: IM Print Name Title APPROVED AS TO FORM: J City Attorney D/K Environmental, a California corporation P.O. Box 1966 South Gate, CA 90280 By - Bruce DeMenno, President Date: 17,� 7 By Print Name .��� ® 0 A) Title Date: Date: O 7 0 `7 DKE Vernon Conditional Use Permit Amendment CEQA Analysis Phase 1 - Scope Of Work DK Environmental has applied to the City of Vernon to amend its existing Conditional Use Permit to allow for a series of operational changes at its facility located at 3560 East 26th Street, Vernon,_ California In Phase I, TSS Consultants will assist the City of Vernon (the "City") by preparing the necessary Environmental Checklist and draft Initial Study for use by the City in the environmental evaluation of the DKE proposed Conditional Use Permit amendment. The Initial Study to be prepared will take into account the needs of the City as the Lead Agency under CEQA, with the principal responsible agencies being the California Department of Toxic Substances Control (DTSC) and the South Coast Air Quality Management District (SCAQMD). The Initial Study will be based upon project information and documents supplied to TSS by the project proponent as part of the CUP amendment process. The Initial Study will also rely on information, documents, and permit applications for those rge .rmane aspects of the project requiring approval from the DTSC and SCAQMD. Upon approval of the draft Intial Study document by the City, TSS will further assist in the preparation of a Mitigated Negative Declaration for this project if so determined by the City. If it determined that additional environmental analyis or document preparation beyond that indicated in the attached item -specific SOW including, but not limited to an Environmental Impact Report, then a Phase II of this CEQA project will occur and an appropriate SOW and budget will be submitted to the City for approval. This SOW will be executed under the direction of TSS Consultants and its associates. TSS Consultants has previously prepared a Draft Environmental Impact Report for a project at the. DK Environmental site which was previously cancelled. Additional work will be performed by subcontractors who are familiar with the project proponent's Vernon facility and surrounding area. DKE CUP Revision Potential Health Impacts Proposed Scope of Work The objective of the scope of work to be conducted by RATECH and Bureau Veritas is to describe the methods of study that will be used to determine if the proposed project presents a significant impact to public health under both routine and "upset" conditions, and/or the implementation of mitigating measures are sufficient to minimize such impacts. The results of this process are to be considered in the preparation of the Initial Study (IS): In 2006, potential health impacts at the project location were evaluated in the Health Risk Assessment for the D/K Environmental Facility (HRA). The assumptions to this assessment were based on the proposed operations as a hazardous waste TSDF as described in the RCRA Part B Permit Application. Currently, the facility is seeking approval to operate rail transfer activities for both Hazardous Waste and Hazardous Materials and continue storage of Hazardous Materials, which represent changed conditions from those depicted in the HRA. However, the analyses performed as part of the HRA can be used to semi -quantitatively compare potential health impacts associated with currently proposed operations to those evaluated in the HRA. The following steps need to be applied to the evaluation of both routine operation evaluation and the "risk of upset" evaluation. PHASE 1 Step 1 Operation Review and Comparison to 2005 HRA Assumptions • Compare and document the new proposed operations, relevant to the risk assessment process, to those assumed in the HRA. • Identify tankage associated with hazardous waste/materials as well as potential volumes to be managed. Step 2 Data Review Based on the new proposed operations, it will be necessary to identify the potential materials to be handled at the facility. Two categories need to be evaluated which include hazardous waste and hazardous materials. • Identify physical characteristics of hazardous materials (wastes and product) proposed to be managed. Sources of data may include MSDS, lab data, product specifications, etc.. • Identify potential hazardous constituents in managed materials (wastes and product) — Sources of data may include MSDS, lab data, product specifications, etc.. • Compare characteristics and identified chemicals to those previously evaluated in the 2005 HRA • Evaluate potential emission sources • Compare emission sources to those identified in HRA Step 3 Identify Potential Mitigation Measures (e.g., air pollution control devices) • Review Air Permits and potential permit quantitative limitations • Review emission control device specifications • Determine if mitigating measures are sufficient to assert that impacts will be consistent with those determined as part of the HRA or less. PHASE 2 Based on theoutcome of Phase 1, it may be necessary to proceed with additional emission quantifications. That is, if Phase 1 cannot reasonably demonstrate that the revised proposed operations will result in potential health impacts equal to or less than those described in the HRA, it may be necessary to perform a detail evaluation of emissions. Because detailed air dispersion modeling was prepared under the HRA, it is not expected that new dispersion modeling will be necessary unless the "risk of upset" scenario is significantly different from the scenario described in the HRA. S p �Eoq rf} V1 N N C� p N 64 O bS 00 ,--4 O O 64 is � p 69 O oo O N � Gq ff} Vl N Eoq l� Eoq oo O 59 Vl N 6S kn N Hi 00 O �n Uf 00 O �n E q Els �, a sy O oo O Eoq O � o0 N, tA - � �•I Y ts� �1 0(0 o O o° ^ o ° i�l CZ N .2 . . �+ • �+ N �' O N � N cad U U U U ° •y � U w "'. � a �y i�•I N cC _E' Ri 2 Ate' y0•I y� tH 4� 4� ;.�s�� ir_ 5 cd •� Y Cd ti G�. 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'' C y, s•. iy-I U t4 � -d x o o o (d o O Cd CG U >~ >~ a. a a a a a a a a a a s a s Gi a w a,cn �7 CS N L" cn � P. N � � � n Vcqs O ed cn � O � a� Q 0 v' o r.. bb . Cd• Cd U tw o d -.� y 0 a� a d�� =.Uk5z xa z P., a, x o :a N O N 64 N O N 6 00 N �� Gq sqcon64 N N rNR O rsCA O O 69 N M U C rA as H o bB U C134. N cd O N cd cy y Q - { cli �V tip _ is O Vl m U ° o o In N O oj z;, 3 b o o o A y � Y CC ° U O U '4 cn �.O cz F� U � x rA Page 1 of I -N FACSIMILE TRANSMITTAL Attn: Frederick Tornatore, R.E.A. From: Brian Marchett*4 Vice President Transportation Planner TSS Consultants ti Los Angeles Office 2724 Kilgore Road 1055 Corporate Center Drive, Suite 300 Rancho Cordova, CA 95670 Monterey Park, CA 91754-7642 t Fax: (916) 638-93�0 Date: 1/18/2007 Phone:(916) 638-8811 Subject: Submittal of Proposed Addendum - Vernon DKE Traffic Fred - Sorry for the additional delay, but our proposed addendum follows. City of Vernon has indicated that new traffic counts at the study roadway segments will not be necessary. 3 Pages Including This Coversheet KOAProj: JA5191X Los Angeles San Diego Tustin Ontario Phone: 323-260-4703 Phone: 619-683-2933 Phone: 714-573-0317 Phone: 909-890-9693 Fax: 323-260-4705 Fax: 619-683-7982 Fax: 714-573-9534 Fax: 909-890-9694 Oakland Phone: 510-839-0061 Fax: 510-834-0964 http://koacnn/Doc—Fax —Fonn.aspx 1/18/2007 X�lj Okitl:w Associates Planning and engineering 1055`Corporate center, January 18, 2007 Suite 300 Monterey Park, CA 91754-7642 Mr. Frederick A. Tornatore, R.E.A. p 323.260,4703 Vice President, Environmental Services & Technology f 323.260.4705 TSS Consultants www.katzoldtsu.com 2724 Kilgore Road Rancho Cordova, CA 95670 Subject: Vernon DKE Facility Expansion — Traffic Impact Analysis Proposed Addendum #1 - Additional Services (Katz, Okitsu & Associates Job Number JA5191 X) Dear Mr. Tornatore, San Diego p 619.683.2933 f 619.683.7982 Tustin p 714573:0317 f 714.573.9534 Ontario p 909.890.9693 f 909 890.9694 Oakland p 408.608.7707 f 408.225.3971 Based on your conversations with Brian Marchetti in our Monterey Park office last week, we have evaluated the tasks that would be necessary to revise the project traffic study under a revised project description. The task and fee summarized within this addendum would update, the previous traffic study of July 118, 2005. We are providing this Project Addendum #1 for your review and approval, which would allow us to conduct the necessary additional tasks. This letter serves as an Addendum to the original contract between TSS Consultants and Katz, Okitsu & Associates for this project, executed on June 6, 2005. Scope and Fee Details The additional efforts described herein would provide for the re -analysis of the expanded project, based on the revised project description. It is the intention of Katz, Okitsu & Associates to utilize existing counts conducted in June, 2005 for the original traffic impact analysis. The City of Vernon was contacted to verify this annual growth factoring to escalate the volume to 2007 levels will likely be applied for the analysis. Once Katz, Okitsu & Associates receives information on the revised estimated number of truck trips to and from the facility on a daily basis, as well as the revised estimated increase in the - number of employees at the expanded facility, the revisions to the traffic study can begin. Tasks would be as follows: Factor existing daily roadway counts from 2005 to 2007, utilizing ambient growth rates. defined by the County Congestion Management Program (CMP); - Re -analyze project trip generation, utilizing truck trip and employee increase estimates for the expanded project; - Update all report tables, figures, text, and appendices; and - Submit draft version to Client for review, provide final to City for additional comments, respond to comments and finalize report. . Vernon DKE Facility Expansion Addendum #1 January 18, 2007 �Okitsu &L;,,agates "Planning and Engineering Scope and Fee Summary The additional tasks could be conducted for the additional total fee of $3,000. Any necessary environmental documentation tasks for TSS Consultants reports would be completed by Kati, Okitsu & Associates under the previously approved separate budget of $6,400. Estimated Schedule Katz, Okitsu & Associates can complete the revised traffic report within three weeks of the receipt of approval of this addendum. Any additional tasks for environmental"documentation of traffic results, beyond the production of the actual traffic study report, can be conducted under a schedule that is mutually agreeable to the Client and Katz, Okitsu & Associates. Please contact me if you have any questions about this Addendum. Sincerely, J oel alter Vic President TZ, OKITSU &ASSOCIATES Addendum Approval by TSS Consultants: Name __ Signatur J Date i Vernon DKE Facility Expansion —Addendum #1 Page 2 January IS, 2007 4305 Santa Fe Avenue, Vernon, California 90058 Telephone (323) 583-8811 November 15, 2007 Mr. Bruce DeMenno, President D/K Environmental P.O. Box 1966 South Gate, CA 90280 Mr. Frederick A. Tornatore Vice President TSS Consultants 2724 Kilogore Road Rancho Cordova, CA 95670 Re: Professional Services Agreement By and Between the City of Vernon and TSS Consultants and D/K Environmental Dear Sirs: The insurance requirements have been met. Transmitted herewith is a copy of the fully executed agreement, as referenced above, approved by City Council on November 6, 2007, through Resolution No. 9457. If you have any questions regarding this matter, please call Mr. S. Kevin Wilson, at (323) 583-8811 ext. 245. Very truly yours, Nelly Giro City Clerk NG:dr c: S. Kevin Wilson Resolution No. 9457 Agreement File No. 07-121 E.,cc(usivefy Industfiaf PUBLIC NOTIFICATION Permit Modification for D/K Environmental 3650 East 261h Street, Vernon, CA 90058 EPA ID No. CAT 080 033 681 RECEIVED FEB 17 2015 CITY CLERK'S OFFICE This notification is made in accordance with the provisions of California Code of Regulations, title 22, section 66270.42(a)(1)(B). You are receiving this notification because your name is on the mailing list being maintained by DTSC for D/K Environmental. California Hazardous Waste regulations require D/K Environmental to notify you when modifications are made to our Permit. D/K Environmental operates a rail transfer and storage facility at 3650 East 26`h Street, Vernon, California under a RCRA Hazardous Waste Facility Permit issued by the Department of Toxic Substances Control (DTSC) on October 1, 2012. The Permit allows D/K Environmental to rail transfer and store RCRA and California Regulated wastes received from off -site generators. On November 17, 2014 and February l' and 5th, 2015, DKE requested DTSC a Class 1 modification to the facility's Contingency Plan to update the emergency coordinators and update the information of the medical clinic. The required changes will affect the information listed Table X-5 of DKE's Contingency Plan and Attachments V-1.13 and V-1.0 of the Security Plan. The modification has been identified in the California Code of Regulations Title 22, Chapter 20 Appendix I (A. 1) as Class 1. DTSC acknowledged that the requested modification is a Class 1 permit modification that does not require DTSC's prior approval. The modification does not alter the permit conditions imposed to protect human health and the environment. If you have any questions regarding this notification, please call or write to the following contact persons: Facility Contact Rosemary Domino Director, Environmental Affairs D/K Environmental 3650 East 261h Street Vernon, CA 90058 323-268-3387 E-mail: rdomirio@asburyenv:com DTSC Contact Mr. Farshad Vakili Project Manager Department of Toxic Substances Control Office of Permitting, Sacramento Office 8800 Cal Center Drive Sacramento, CA 95826-3200 916- 255-3612 E-mail: fvakili@dtse.ca.gov