7C, Scope of Services as Proposed in the letter from Mike Comodeca

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Message Page 3 of 5 campus). a. I would ensure that the City is protected from environmental liability resulting from the transfer of any public land to the City (parks, roads). This would involve directing that a Phase I environmental site assessment be conducted on such property and reviewing it for legal sufficiency when it is completed. I would assist in determining whether any additional sampling is required as a result of the Phase I. I would also ensure that the City qualifies under EPA's "all appropriate inquiries" rule as a "bona fide prospective purchaser." To further protect the City from liability, I would ensure that the City gets a certificate of completion from MPCA. 2 -40 :liotirs b. I would be involved in discussions with Bill Harper to ensure that any special legislation is drafted so that it is protective of the City. I would ensure that the Army retains liability for things such as nuclear, biological and chemical, as well as the ongoing groundwater remediation. I would work with Bill Harper to include the 53 acre corporate campus in the legislation as being transferred directly to the City or through the County to the City. :,". 3 0 1i.(,-.)urs c . I would negotiate with MPCA and EPA regarding any environmental agreements required for any property that the City ends up owning (parks, roads). 25-45 fic)urz d. I would be involved in making sure the City is protected through any environmental agreement between MPCA and ultimate user of the 53 acres. 2 -4.5 hoLin e. I would ensure that the County obtains environmental insurance and that it is adequate to guarantee that the cleanup is completed. :# 5 -3 0 h o-t ire } 2. If the transfer is by public sale: a. I would review the bid packets to ensure that the environmental liability is apportioned between the bidder and the Army in a way that is protective of the City. I would ensure that the Early Transfer process is followed by GSA in a manner that ensures that the Army retains responsibility for environmental contamination on the site. I would determine whether GSA is going to produce a "boilerplate" response action agreement and attach it to the invitation for bid or provide a time period after bid closure for the successful bidder to negotiate an agreement with MPCA and EPA. Once I determine which method would be used, I would work with MPCA and EPA to ensure that any agreement is protective of the City (i.e., contains adequate financial assurances to guarantee cleanup of the property, etc.. 30-{:..: {:. n..4.oun. i b. I would review the material in the GSA portal website to ensure that all environmental information is posted; this ensures that there will be responsible bidders. 10-151wars c. I would travel to Minnesota to participate in the bidders' conference; this would ensure that the City is protected from future unknown liabilities by ensuring that GSA furnishes complete environmental information, retains environmental liability for certain contamination (nuclear, biological, chemical and ongoing groundwater remediation). 2 -h � hotirs d. I would ensure that the City is protected from Superfund environmental liability due to its ownership of any public lands transferred to the City by the bidder (parks, streets). 0-45 _.ot.t - e. I would be involved in discussions with MPCA and EPA concerning response action agreement enforcement issues if the successful bidder is not cleaning the property to the degree or as fast as required under the RAA - or if the bidder defaults. The City's interests would be at stake if the 10/ 19/2009