HomeMy WebLinkAboutC-4452 - PSA for Phase I Environmental Study and Asbestos and Lead Paint Review of 608 E. Balboa Boulevard07!:
PROFESSIONAL SERVICES AGREEMENT WITH
WATERSTONE ENVIRONMENTAL, INC
s FOR A PHASE I ENVIRONEMENTAL STUDY AND ASBESTOS AND LEAD PAINT
REVIEW OF 608 E BALBOA BOULVEARD
THIS AGREEMENT is made and entered into as of this Vday of P1RAf , 200,
by and between the CITY OF NEWPORT BEACH, a Municipal Corp oratio "City"),
and WATERSTONE ENVIRONMENTAL, INC a California Corporation whose address
C� is 4409 Daisy Court, Moorpark, California, 93021 ("Consultant"), and is made with
reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City is considering the purchase of the property know as 608 E Balboa Boulevard
and 209 Washington Street (formerly Balboa Market).
C. City desires to engage Consultant to perform a Phase 1 Environmental Study
and an Asbestos and Lead Paint Review ("Project").
D. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the services described in this Agreement.
E. The principal member[s] of Consultant for purposes of Project, shall be Michael
L. Kinworthy, REA, CPEA, managing Partner of Waterstone environmental, Inc
F. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as
follows:
1. TERM
The term of this Agreement shall commence on the above written date, and shall
terminate when the work is completed or on the day of April 30, 2010, whichever is
sooner, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference. The
City may elect to delete certain tasks of the Scope of Services at its sole
discretion.
3. TIME OF PERFORMANCE
Time is of the essence in the performance of services under this Agreement and
Consultant shall perform the services in accordance with the schedule included
in Exhibit A. The failure by Consultant to strictly adhere to the schedule may
result in termination of this Agreement by City.
4. COMPENSATION TO CONSULTANT
Consultant will provide the services described in Exhibit A the attached
"Proposal" on a firm -fixed fee basis of $2,550.00. The price includes all
professional labor, travel expenses, administrative and subcontractor costs,
travel, communication fees, and direct client expenses required to complete the
Scope of Work as defined.
Projects less than thirty (30) days in duration will be invoiced on a lump sum
basis on completion. No cost element detail is provided on fixed-price or lump
some projects. All projects exceeding thirty (30) days in duration will be invoiced
monthly based upon percentage of completion or total units completed, as
applicable. City will pay Consultant no later than thirty (30) days after approval of
the monthly invoice by City staff.
5. PROJECT MANAGER
Consultant shall designate a Project Manager, who shall coordinate all phases of
the Project. This Project Manager shall be available to City at all reasonable times
during the Agreement term. Consultant has designated Michael L. Kinworthy to
be its Project Manager. Consultant shall not remove or reassign the Project
Manager or any personnel listed in Exhibit A or assign any new or replacement
personnel to the Project without the prior written consent of City. City's approval
shall not be unreasonably withheld with respect to the removal or assignment of
non -key personnel.
Consultant, at the sole discretion of City, shall remove from the Project any of its
personnel assigned to the performance of services upon written request of City.
Consultant warrants that it will continuously furnish the necessary personnel to
complete the Project on a timely basis as contemplated by this Agreement.
6. ADMINISTRATION
This Agreement will be administered by the Planning Department. Leigh M. De
Santis shall be the Project Administrator and shall have the authority to act for
City under this Agreement. The Project Administrator or his/her authorized
representative shall represent City in all matters pertaining to the services to be
rendered pursuant to this Agreement.
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7. CITY'S RESPONSIBILITIES
In order to assist Consultant in the execution of its responsibilities under this
Agreement, City agrees to, where applicable:
A. Provide access to, and upon request of Consultant, one copy of all
existing relevant information on file at City. City will provide all such
materials in a timely manner so as not to cause delays in Consultant's
work schedule.
B. Provide blueprinting and other services through City's reproduction
company for bid documents. Consultant will be required to coordinate the
required bid documents with City's reproduction company. All other
reproduction will be the responsibility of Consultant and as defined above.
C. Provide usable life of facilities criteria and information with regards to new
facilities or facilities to be rehabilitated.
8. STANDARD OF CARE
8.1 All of the services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and
technical personnel required to perform the services required by this
Agreement, and that it will perform all services in a manner commensurate
with community professional standards. All services shall be performed
by qualified and experienced personnel who are not employed by City, nor
have any contractual relationship with City. By delivery of completed
work, Consultant certifies that the work conforms to the requirements of
this Agreement and all applicable federal, state and local laws and the
professional standard of care.
8.2 Consultant represents and warrants to City that it has, shall obtain, and
shall keep in full force in effect during the term hereof, at its sole cost and
expense, all licenses, permits, qualifications, insurance and approvals of
whatsoever nature that is legally required of Consultant to practice its
profession. Consultant shall maintain a City of Newport Beach business
license during the term of this Agreement.
8.3 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by
reason of strikes, lockouts, accidents, or acts of God, or the failure of City
to furnish timely information or to approve or disapprove Consultant's work
promptly, or delay or faulty performance by City, contractors, or
governmental agencies.
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9. HOLD HARMLESS
To the fullest extent permitted by law, Consultant shall indemnify, defend and
hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers, and employees (collectively, the "Indemnified Parties") from and
against any and all claims (including, without limitation, claims for bodily injury,
death or damage to property), demands, obligations, damages, actions, causes
of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses
(including, without limitation, attorney's fees, disbursements and court costs) of
every kind and nature whatsoever (individually, a Claim; collectively, "Claims"),
which may arise from or in any manner relate (directly or indirectly) to any breach
of the terms and conditions of this Agreement, any work performed or services
provided under this Agreement including, without limitation, defects in
workmanship or materials or Consultant's presence or activities conducted on
the Project (including the negligent and/or willful acts, errors and/or omissions of
Consultant, its principals, officers, agents, employees, vendors, suppliers,
consultants, subcontractors, anyone employed directly or indirectly by any of
them or for whose acts they may be liable for any or all of them).
Notwithstanding the foregoing, nothing herein shall be construed to require
Consultant to indemnify the Indemnified Parties from any Claim arising from the
sole negligence or willful misconduct of the Indemnified Parties. Nothing in this
indemnity shall be construed as authorizing any award of attorney's fees in any
action on or to enforce the terms of this Agreement. This indemnity shall apply to
all claims and liability regardless of whether any insurance policies are
applicable. The policy limits do not act as a limitation upon the amount of
indemnification to be provided by the Consultant.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis and
Consultant is not an agent or employee of City. The manner and means of
conducting the work are under the control of Consultant, except to the extent they
are limited by statute, rule or regulation and the expressed terms of this Agreement.
Nothing in this Agreement shall be deemed to constitute approval for Consultant or
any of Consultant's employees or agents, to be the agents or employees of City.
Consultant shall have the responsibility for and control over the means of
performing the work, provided that Consultant is in compliance with the terms of
this Agreement. Anything in this Agreement that may appear to give City the right
to direct Consultant as to the details of the performance or to exercise a measure of
control over Consultant shall mean only that Consultant shall follow the desires of
City with respect to the results of the services.
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11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated Project
Administrator and any other agencies that may have jurisdiction or interest in the
work to be performed. City agrees to cooperate with the Consultant on the Project.
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points
in order to ensure the Project proceeds in a manner consistent with City goals
and policies.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator and/or his/her
duly authorized designee informed on a regular basis regarding the status and
progress of the Project, activities performed and planned, and any meetings that
have been scheduled or are desired.
14. INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement
of work. Consultant shall obtain, provide and maintain at its own expense during
the term of this Agreement, a policy or policies of liability insurance of the type
and amounts described below and in a form satisfactory to City.
A. Certificates of Insurance. Consultant shall provide certificates of
insurance with original endorsements to City as evidence of the insurance
coverage required herein. Insurance certificates must be approved by
City's Risk Manager prior to commencement of performance or issuance
of any permit. Current certification of insurance shall be kept on file with
City at all times during the term of this Agreement.
B. Signature. A person authorized by the insurer to bind coverage on its
behalf shall sign certification of all required policies.
C. Acceptable Insurers. All insurance policies shall be issued by an
insurance company currently authorized by the Insurance Commissioner
to transact business of insurance in the State of California, with an
assigned policyholders' Rating of A (or higher) and Financial Size
Category Class VII (or larger) in accordance with the latest edition of
Best's Key Rating Guide, unless otherwise approved by the City's Risk
Manager.
D. Coverage Requirements.
Workers' Compensation Coverage. Consultant shall maintain
Workers' Compensation Insurance and Employer's Liability
Insurance for his or her employees in accordance with the laws of
the State of California. In addition, Consultant shall require each
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subcontractor to similarly maintain Workers' Compensation
Insurance and Employer's Liability Insurance in accordance with
the laws of the State of California for all of the subcontractor's
employees. Any notice of cancellation or non -renewal of all
Workers' Compensation policies must be received by City at least
thirty (30) calendar days (10 calendar days written notice of non-
payment of premium) prior to such change. The insurer shall agree
to waive all rights of subrogation against City, its officers, agents,
employees and volunteers for losses arising from work performed
by Consultant for City.
ii. General Liability Coverage. Consultant shall maintain commercial
general liability insurance in an amount not less than one million
dollars ($1,000,000) per occurrence for bodily injury, personal
injury, and property damage, including without limitation,
contractual liability. If commercial general liability insurance or
other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to the work to be performed
under this Agreement, or the general aggregate limit shall be at
least twice the required occurrence limit.
iii. Automobile Liability Coverage. Consultant shall maintain
automobile insurance covering bodily injury and property damage
for all activities of the Consultant arising out of or in connection with
work to be performed under this Agreement, including coverage for
any owned, hired, non -owned or rented vehicles, in an amount not
less than one million dollars ($1,000,000) combined single limit for
each occurrence.
iv. Professional Errors and Omissions Insurance. Consultant shall
maintain professional errors and omissions insurance, which covers
the services to be performed in connection with this Agreement in
the minimum amount of one million dollars ($1,000,000).
E. Endorsements. Each general liability and automobile liability insurance
policy shall be endorsed with the following specific language:
The City, its elected or appointed officers, officials, employees,
agents and volunteers are to be covered as additional insureds with
respect to liability arising out of work performed by or on behalf of
the Consultant.
ii. This policy shall be considered primary insurance as respects to
City, its elected or appointed officers, officials, employees, agents
and volunteers as respects to all claims, losses, or liability arising
directly or indirectly from the Consultant's operations or services
provided to City. Any insurance maintained by City, including any
self-insured retention City may have, shall be considered excess
insurance only and not contributory with the insurance provided
hereunder.
iii. This insurance shall act for each insured and additional insured as
though a separate policy had been written for each, except with
respect to the limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against City, its elected
or appointed officers, officials, employees, agents and volunteers.
V. Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to City, its elected or appointed
officers, officials, employees, agents or volunteers.
vi. The insurance provided by this policy shall not be suspended,
voided, canceled, or reduced in coverage or in limits, by either party
except after thirty (30) calendar days (10 calendar days written
notice of non-payment of premium) written notice has been
received by City.
F. Timely Notice of Claims. Consultant shall give City prompt and timely
notice of claim made or suit instituted arising out of or resulting from
Consultant's performance under this Agreement.
G. Additional Insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of
the work.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following
shall be construed as an assignment: The sale, assignment, transfer or other
disposition of any of the issued and outstanding capital stock of Consultant, or of
the interest of any general partner or joint venturer or syndicate member or
cotenant if Consultant is a partnership or joint -venture or syndicate or cotenancy,
which shall result in changing the control of Consultant. Control means fifty
percent (50%) or more of the voting power, or twenty-five percent (25%) or more
of the assets of the corporation, partnership or joint -venture.
16. SUBCONTRACTING
The parties recognize that a substantial inducement to City for entering into this
Agreement is the professional reputation, experience and competence of
Consultant. Assignments of any or all rights, duties or obligations of the
Consultant under this Agreement will be permitted only with the express written
consent of City. Consultant shall not subcontract any portion of the work to be
performed under this Agreement without the prior written authorization of City.
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17. OWNERSHIP OF DOCUMENTS
Each and every report, draft, map, record, plan, document and other writing
produced (hereinafter "Documents"), prepared or caused to be prepared by
Consultant, its officers, employees, agents and subcontractors, in the course of
implementing this Agreement, shall become the exclusive property of City, and
City shall have the sole right to use such materials in its discretion without further
compensation to Consultant or any other party. Consultant shall, at Consultant's
expense, provide such Documents to City upon prior written request.
Documents, including drawings and specifications, prepared by Consultant
pursuant to this Agreement are not intended or represented to be suitable for
reuse by City or others on any other project. Any use of completed Documents
for other projects and any use of incomplete Documents without specific written
authorization from Consultant will be at City's sole risk and without liability to
Consultant. Further, any and all liability arising out of changes made to
Consultant's deliverables under this Agreement by City or persons other than
Consultant is waived against Consultant and City assumes full responsibility for
such changes unless City has given Consultant prior notice and has received
from Consultant written consent for such changes.
18. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the services in this Agreement, shall be kept
confidential unless City authorizes in writing the release of information.
19. INTELLECTUAL PROPERTY INDEMNITY
The Consultant shall defend and indemnify City, its agents, officers, representatives
and employees against any and all liability, including costs, for infringement of any
United States' letters patent, trademark, or copyright infringement, including costs,
contained in Consultant's drawings and specifications provided under this
Agreement.
20. RECORDS
Consultant shall keep records and invoices in connection with the work to be
performed under this Agreement. Consultant shall maintain complete and accurate
records with respect to the costs incurred under this Agreement and any services,
expenditures and disbursements charged to City, for a minimum period of three (3)
years, or for any longer period required by law, from the date of final payment to
Consultant under this Agreement. All such records and invoices shall be clearly
identifiable. Consultant shall allow a representative of City to examine, audit and
make transcripts or copies of such records and invoices during regular business
hours. Consultant shall allow inspection of all work, data, Documents, proceedings
and activities related to the Agreement for a period of three (3) years from the date
of final payment to Consultant under this Agreement.
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21. WITHHOLDINGS
City may withhold payment to Consultant of any disputed sums until satisfaction
of the dispute with respect to such payment. Such withholding shall not be
deemed to constitute a failure to pay according to the terms of this Agreement.
Consultant shall not discontinue work as a result of such withholding. Consultant
shall have an immediate right to appeal to the City Manager or his/her designee
with respect to such disputed sums. Consultant shall be entitled to receive
interest on any withheld sums at the rate of return that City earned on its
investments during the time period, from the date of withholding of any amounts
found to have been improperly withheld.
22. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what
would have resulted if there were not errors or omissions in the work
accomplished by Consultant, the additional design, construction and/or
restoration expense shall be borne by Consultant. Nothing in this paragraph is
intended to limit City's rights under the law or any other sections of this
Agreement.
23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the
Project.
24. CONFLICTS OF INTEREST
The Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act"), which (1) requires such
persons to disclose any financial interest that may foreseeably be materially
affected by the work performed under this Agreement, and (2) prohibits such
persons from making, or participating in making, decisions that will foreseeably
financially affect such interest.
If subject to the Act, Consultant shall conform to all requirements of the Act.
Failure to do so constitutes a material breach and is grounds for immediate
termination of this Agreement by City. Consultant shall indemnify and hold
harmless City for any and all claims for damages resulting from Consultant's
violation of this Section.
25. NOTICES
All notices, demands, requests or approvals to be given under the terms of this
Agreement shall be given in writing, and conclusively shall be deemed served
when delivered personally, or on the third business day after the deposit thereof
in the United States mail, postage prepaid, first-class mail, addressed as
hereinafter provided. All notices, demands, requests or approvals from
Consultant to City shall be addressed to City at:
Attn: Leigh M. De Santis
Planning Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA, 92663
Phone: 949-644-3207
Fax: 949-644-3224
All notices, demands, requests or approvals from CITY to Consultant shall be
addressed to Consultant at:
Attention: Michael L. Kinworthy
Waterstone Environmental, Inc
4409 Daisy Court
Moorpark, California, 93021
Phone: 805-530-0078
Fax: 805-503-0079
26. TERMINATION
In the event that either party fails or refuses to perform any of the provisions of this
Agreement at the time and in the manner required, that party shall be deemed in
default in the performance of this Agreement. If such default is not cured within a
period of two (2) calendar days, or if more than two (2) calendar days are
reasonably required to cure the default and the defaulting party fails to give
adequate assurance of due performance within two (2) calendar days after receipt
of written notice of default, specifying the nature of such default and the steps
necessary to cure such default, and thereafter diligently take steps to cure the
default, the non -defaulting party may terminate the Agreement forthwith by giving to
the defaulting party written notice thereof.
Notwithstanding the above provisions, City shall have the right, at its sole
discretion and without cause, of terminating this Agreement at any time by giving
seven (7) calendar days prior written notice to Consultant. In the event of
termination under this Section, City shall pay Consultant for services satisfactorily
performed and costs incurred up to the effective date of termination for which
Consultant has not been previously paid. On the effective date of termination,
Consultant shall deliver to City all reports, Documents and other information
developed or accumulated in the performance of this Agreement, whether in draft
or final form.
27. COMPLIANCE WITH ALL LAWS
Consultant shall at its own cost and expense comply with all statutes,
ordinances, regulations and requirements of all governmental entities, including
federal, state, county or municipal, whether now in force or hereinafter enacted.
In addition, all work prepared by Consultant shall conform to applicable City,
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county, state and federal laws, rules, regulations and permit requirements and be
subject to approval of the Project Administrator and City.
28. WAIVER
A waiver by either party of any breach, of any term, covenant or condition
contained herein shall not be deemed to be a waiver of any subsequent breach
of the same or any other term, covenant or condition contained herein, whether
of the same or a different character.
29. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of every kind or
nature whatsoever between the parties hereto, and all preliminary negotiations
and agreements of whatsoever kind or nature are merged herein. No verbal
agreement or implied covenant shall be held to vary the provisions herein.
30. CONFLICTS OR INCONSISTENCIES
In the event there are any conflicts or inconsistencies between this Agreement and
the Scope of Services or any other attachments attached hereto, the terms of this
Agreement shall govern.
31. INTERPRETATION
The terms of this Agreement shall be construed in accordance with the meaning
of the language used and shall not be construed for or against either party by
reason of the authorship of the Agreement or any other rule of construction which
might otherwise apply.
32. AMENDMENTS
This Agreement may be modified or amended only by a written document executed
by both Consultant and City and approved as to form by the City Attorney.
33. SEVERABILITY
If any term or portion of this Agreement is held to be invalid, illegal, or otherwise
unenforceable by a court of competent jurisdiction, the remaining provisions of this
Agreement shall continue in full force and effect.
34. CONTROLLING LAW AND VENUE
The laws of the State of California shall govern this Agreement and all matters
relating to it and any action brought relating to this Agreement shall be adjudicated
in a court of competent jurisdiction in the County of Orange.
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35. EQUAL OPPORTUNITY EMPLOYMENT
Consultant represents that it is an equal opportunity employer and it shall not
discriminate against any subcontractor, employee or applicant for employment
because of race, religion, color, national origin, handicap, ancestry, sex or age.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on
the day and year first written above.
APPROVED AS TO FORM:
ty Atto e
for the ity of N ort Beach
ATTEST:
r
By:
Leilani Brown,
City Clerk �rr�
CITY OF NEWPORT BEACH,
A Municipal Corporation
By:
for the City of Newport Beach
CONSULTANT:
By:,/')M'�-
(Corporate Officer)
Title:�'1�1AY 6 <ry6
Print Name: y4 • L. KI -vj / &v,
By:
(Financial Officer) /
Title: C P O V
Print Name: LA�L K vIWWLI-)
Attachments: Exhibit A — Scope of Services
F:\users\cat\shared\ContractTemplatesPublishedonIntranet\FORM — Professional Service Agreement.doc
Rev: 05-02-07
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PRIVILEGED
PROPOSAL FOR AN ENVIRONMENTAL DUE DILIGENCE
ASSESSMENT OF A PROPERTY LOCATED IN
NEWPORT BEACH, CALIFORNIA
December 15, 2009
Prepared for:
City of Newport Beach
3300 Newport Boulevard
Newport Beach, California 92658
Prepared by:
Waterstone Environmental, Inc.
4409 Daisy Court
Moorpark, California 90321
Proposal Number 09-236
09-236
INTRODUCTION
Waterstone Environmental, Inc. (Waterstone) appreciates the opportunity to submit this proposal for
conducting an environmental due diligence assessment of a property located at 608 East Balboa
Boulevard in Newport Beach, California.
The purpose of the assessment is to establish baseline environmental conditions and to determine the
need for any additional investigation. The primary task included in this project is the following:
➢ Phase I Environmental Assessment. Conduct a Phase I environmental assessment to evaluate
the environmental status of the property, especially noting potential hazardous materials impact
to underlying soil and/or groundwater.
The following Scope of Work and cost estimate for these Phase I environmental assessments have
been prepared based on the above information. Our understanding of due diligence procedures and
environmental assessment requirements will expedite completion of this project and will ensure a
cost-efficient, high quality product.
SCOPE OF WORK
Our Scope of Work for this project is generally consistent with industry standards, the American
Society for Testing and Materials (ASTM) Standard Practice for Environmental Site Assessments
(E-1527-05) and the All Appropriate Inquiry (AAI) requirements. This project will be performed in
accordance to the guidelines established by the US Small Business Administration as well. The
Scope of Work consists of the tasks listed below:
Task 1.0
Historical Research
Task 2.0
Site Inspection
Task 3.0
Government Agency List Review
Task 4.0
Agency Research
Task 5.0
Report Preparation
TASK 1.0 HISTORICAL REVIEW
The purpose of this task is to identify former activities conducted on the subject properties that may
have impacted the underlying soil or groundwater with hazardous materials. This task includes the
following:
➢ Interview property manager and/or other appropriate personnel to obtain information regarding
the property's previous ownership as well as historical chemical usage, storage, and disposal
practices.
09-236
➢ Review construction/facility documents, if available, to obtain information on areas of concern
such as hazardous materials storage areas, fuel tanks, and existing/former oil production related
facilities.
➢ Review aerial photographs (up to 5 flights) for evidence of past land usage. Aerial photographs
provide a surficial view of land uses and a chronological view of land development and may
show signs of industrial usage, staining, extensive land disturbances, presence of aboveground
tanks or pump islands, landfills, sumps, material storage areas, or settling ponds on or in the
vicinity of the subject property. In some instances, aerial photographs provided to us are of
insufficient scale to determine exact property location and/or uses.
➢ Review local building department records to identify past tenants and types of activities
conducted on the subject property. Permits of occupancy may date back to the 1920s and may
indicate if the property was occupied by an owner or tenant which used, stored, or disposed of
hazardous materials.
Task 2.0 Site Inspection
This task involves an inspection of the property to assess the potential for activities conducted on the
property and/or adjacent properties to impact underlying soil or groundwater with hazardous
materials. This task includes the following:
➢ Conduct a personal interview with the property owner and/or property manager. The purpose of
the interview is to familiarize our staff with property characteristics, schedule the site visits,
arrange interviews, and discuss the availability of plot plans, construction documents, or other
pertinent records. Appropriate personnel will be interviewed to obtain information regarding
hazardous materials used on-site and hazardous wastes generated at the property.
➢ Review selected documents, if any, concerning the tenant's hazardous materials handling
practices. These documents may include Material Safety Data Sheets (MSDS), Business Plans,
industrial permits, facility drawings, notices of environmental incidents, and waste
disposal/manifest records.
➢ Conduct a visual inspection of the subject property for evidence of contamination, evidence of
previous or ongoing releases of hazardous materials, and proximity to sensitive receptors. The
visual inspection will include noting the following items or activities:
Aboveground or underground storage tank areas noting tank size, condition, age,
contents, construction material, tank test results, permits/registrations, leak detection,
and spill prevention
Hazardous material/waste storage and maintenance areas
09-236
- Electrical transformers containing dielectric fluid
Evidence of on-site waste disposal activities (i.e., staining, distressed vegetation)
Evidence of wetlands or other environmental sensitive areas
Wastewater discharge including the presence of sumps, floor drains, clarifiers
- Dry wells/drainage systems
Evidence of past/present oil field activities
Air emissions, nuisances
Other areas of potential environmental concern including historical solid waste
disposal practices.
➢ Conduct a visual inspection to determine the presence, location, condition, and quantity of
suspect asbestos -containing materials (ACM) and lead-based paint (LBP). A screening
assessment for ACM and LBP will be conducted since the intent is to demolish the building
structure. This will assist the City in determining the proper abatement if such materials are
found.
➢ Observe the condition of adjacent properties from an off-site location for any obvious signs of a
potential environmental impact to the subject property. Adjacent properties of particular concern
may include gasoline stations, manufacturing facilities, or repair shops.
Task 3.0 Government Agency List Review
The purpose of this task is to review published government agency databases to identify properties
within up to a one mile radius of the subject site, according to current ASTM requirements where a
known or suspected release of hazardous materials has been reported. We subcontract the database
search task to EDR, Inc., a service which compiles information from agency databases.
The following table provides an example of databases searched for a facility in California include
the following:
09-236
DATABASE
_T
TYPE OF RECORDS
AGENCY
CERCLIS
Sites with a known or suspected release of
hazardous materials to the environment
U.S. EPA
NPL
National Priority List Sites
U.S. EPA
BEP
Sites Authorized for cleanup under the State
Bond Expenditure Plan
State-EPA
ASPIS
Abandoned Site Program
State-EPA
SWIS
Active & Inactive Sanitary Landfills and
Disposal Facilities
State-Waste
Management Board
LIENS
Filed Notices of Superfund Liens
U.S. EPA
COUNTY
DATA
Landfills & Waste Disposal Facilities
County Departments of
Health
HWP
Site designated as Hazardous Waste
Properties and Border Zone Properties
State-EPA
HWIS I
Hazardous Waste Generators, Treatment,
Storage and Disposal Facilities
State-EPA
LUST I
Leaking Underground Storage Tanks
State-EPA
Based on the information provided by the subcontractor report, we will evaluate the
potential impact to the subject site from the listed sites. If additional information
regarding listed sites is required, the level of effort and an estimated cost will be
discussed with the client prior to completing the project.
Task 4.0 Agency Research
The purpose of this task is to contact the regulatory agencies most likely to have current
and historical information regarding hazardous materials use, storage and/or releases for
the subject property and selected neighboring properties. Agencies contacted will be
selected by us based on the type of property, type of operations conducted on the
property, age of buildings, past owners/tenants, and the presence of the property on any
government agency lists. This task includes the following:
Subject Site Agency Research
➢ Contact agencies to obtain information regarding hazardous materials that may be
used, stored, or released on the subject property. Examples of agencies contacted
include:
- California Enviromnental Protection Agency
- Regional Water Quality Control Board
- County Environmental Health Department
- City Building Department
- City Fire Department
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Information from agencies must frequently be requested in writing. Responses from
the agencies may take from two to eight weeks. Information from the agencies may
not be received in time for inclusion in the assessment report. Relevant agency
information received by us after issuing the assessment report will be included in an
addendum letter.
➢ Review available agency records such as known existence of radon for the area,
wetlands, remedial investigations or cleanup activities, air pollution control
equipment permits, hazardous material generation, hazardous material spills, notice of
violation, and groundwater depth and flow direction.
Neighboring Sites Agency Research
➢ Identify and review available agency records for neighboring properties which appear
to present a potential to impact the soil or groundwater at the subject site based on
visual observations made during the site investigation and/or results obtained from
the governmental agency database review.
➢ Contact up to two appropriate agencies for each selected neighboring site to obtain
information regarding hazardous materials usage, storage, and/or releases at the
selected site. If additional agency research is required, the level of effort and an
estimated cost will be discussed with the client prior to completing this task.
Task 5.0 Report Preparation
Upon completion of the assessment activities, we will prepare a report on the property.
One original and one copy of the report will be submitted to the client. The report will
present the findings of the environmental assessment. The report will contain the
following:
➢ Plot plan showing property and adjacent properties
➢ Descriptions of property and surrounding area
➢ Figure showing the general location of the site and any listed sites from Task 3.0
➢ Discussion of environmental issues
➢ Conclusions and recommendations
Any third party review that results in changes to the form or format of the report will be
completed for an additional fee on a time and material basis.
PRICING AND SCHEDULING
We propose to conduct the environmental assessment project on a firm -fixed basis of
$2,550.00. The price includes all professional labor, travel expenses, administrative and
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subcontractor costs, travel, communication fees, and direct client expenses required to
complete the Scope of Work as defined in this proposal (09-236).
All contract conditions and billing procedures will be in accordance with Waterstone's
terms and conditions which are attached. The price and terms described herein are valid
for up to 30 days from the date of this proposal.
We are prepared to commence the scope of work defined in this proposal immediately
after receiving a signed authorization to proceed. A draft report will be provided to the
client within two weeks of project authorization. Every effort will be made to expedite
the deliverable; however, the timetable is controlled by access to agency files for review.
This schedule can be achieved based on the following requirements:
(1) Waterstone must be provided with a site contact and phone number in order to
schedule the site inspection. Waterstone must have access to the property as of
the initiation date and must be able to schedule the site visit without restriction
during normal business days. A knowledgeable individual familiar with the
property shall be made available to escort the environmental assessor during the
site inspection and be interviewed.
(2) Waterstone will be provided with all available environmental information in the
possession of the client at the time of project initiation including a specific
boundary description and legal description of the subject property.
(3) Waterstone will receive the completed ASTM/AAI questionnaire from the client
within one week of project authorization. The questionnaire is attached as a part
of this proposal.
The assessment report may not contain information from Task 4.0 if the agencies have
not responded, however, an addendum to the report will be provided to the client after
receipt. This addendum will summarize the pertinent agency information.
The project will be conducted by Michael Kinworthy, Managing Partner of Waterstone.
His resume is attached to this proposal.
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