HomeMy WebLinkAboutC-4229 - PSA for Environmental Site InvestigationsPROFESSIONAL SERVICES AGREEMENT WITH
WAYNE PERRY, INC.
FOR ENVIRONMENTAL SITE INVESTIGATION
THIS AGREEMENT is made and entered into as of this � day of June 2009, by and
between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "City "), and
WAYNE PERRY, INC., a California Corporation whose address is 8281 Commonwealth
Avenue, Buena Park, California, 90621 ( "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 required by the Orange County Health Care Agency ( "OCHCA ") to
conduct An environmental site investigation to determine if gasoline leaked from
a damaged underground storage tank at the Corporation Yard.
C. City desires to engage Consultant to conduct the environmental site investigation
and prepare a report documenting the results ( "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 Eric
Floyd, Principal Geologist.
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 on the 31st day of December, 2009, 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
the services shall be performed to completion in a diligent and timely manner.
The failure by Consultant to perform the services in a diligent and timely manner
may result in termination of this Agreement by City.
Notwithstanding the foregoing, Consultant shall not be responsible for delays
due to causes beyond Consultant's reasonable control. However, in the case of
any such delay in the services to be provided for the Project, each party hereby
agrees to provide notice to the other party so that all delays can be addressed.
3.1 Consultant shall submit all requests for extensions of time for
performance in writing to the Project Administrator not later than ten (10)
calendar days after the start of the condition that purportedly causes a
delay. The Project Administrator shall review all such requests and may
grant reasonable time extensions for unforeseeable delays that are
beyond Consultant's control.
3.2 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the
circumstances, by either telephone, fax, hand - delivery or mail.
4. COMPENSATION TO CONSULTANT
City shall pay Consultant for the services on a time and expense not -to- exceed
basis in accordance with the provisions of this Section and the Schedule of
Billing Rates attached hereto as Exhibit A and incorporated herein by reference.
Consultant's compensation for all work performed in accordance with this
Agreement, including all reimbursable items and subconsultant fees, shall not
exceed Twelve Thousand Seven Hundred Forty Three Dollars and no /100
($12,743.00) without prior written authorization from City. No billing rate changes
shall be made during the term of this Agreement without the prior written
approval of City.
4.1 Consultant shall submit monthly invoices to City describing the work
performed the preceding month. Consultant's bills shall include the name
of the person who performed the work, a brief description of the services
performed and /or the specific task in the Scope of Services to which it
relates, the date the services were performed, the number of hours spent
on all work billed on an hourly basis, and a description of any
reimbursable expenditures. City shall pay Consultant no later than thirty
(30) days after approval of the monthly invoice by City staff.
4.2 City shall reimburse Consultant only for those costs or expenses
specifically approved in this Agreement, or specifically approved in writing
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5.
6.
in advance by City. Unless otherwise approved, such costs shall be
limited and include nothing more than the following costs incurred by
Consultant:
A. The actual costs of subconsultants for performance of any of the
services that Consultant agrees to render pursuant to this
Agreement, which have been approved in advance by City and
awarded in accordance with this Agreement.
B. Approved reproduction charges.
C. Actual costs and /or other costs and/or payments specifically
authorized in advance in writing and incurred by Consultant in the
performance of this Agreement.
4.3 Consultant shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra
Work" means any work that is determined by City to be necessary for the
proper completion of the Project, but which is not included within the
Scope of Services and which the parties did not reasonably anticipate
would be necessary at the execution of this Agreement. Compensation
for any authorized Extra Worts shall be paid in accordance with the
Schedule of Billing Rates as set forth in Exhibit A.
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 ERIC FLOYD 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.
ADMINISTRATION
This Agreement will be administered by the General Services Department.
MARK HARMON 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.
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,
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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 or 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.
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.
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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.
L 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
subcontractor to similarly maintain Workers' Compensation
Insurance and Employers Liability Insurance in accordance with
the laws of the State of California for all of the subcontractors
employees. Any notice of cancellation or non - renewal of all
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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:
L 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.
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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.
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 ff 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.
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. OPINION OF COST
Any opinion of the construction cost prepared by Consultant represents his/her
judgment as a design professional and is supplied for the general guidance of
City. Since Consultant has no control over the cost of labor and material, or over
competitive bidding or market conditions, Consultant does not guarantee the
accuracy of such opinions as compared to contractor bids or actual cost to City.
20. 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.
21. 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
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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.
22. 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.
23. 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 bome by Consultant. Nothing in this paragraph is
intended to limit City's rights under the law or any other sections of this
Agreement.
24. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the
Project.
25. 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
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harmless City for any and all claims for damages resulting from Consultant's
violation of this Section.
26. 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: Mike Pisani
General Services Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA, 92663
Phone: 949-644 -3055
Fax: 949- 650 -0747
All notices, demands, requests or approvals from CITY to Consultant shall be
addressed to Consultant at:
Attention: Eric Floyd
Wayne Perry, Incorporated
8281 Commonwealth Avenue
Buena Park, CA 90621
Phone: 714 - 826 -0352
Fax: 714 - 523 -7880
27. 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
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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.
28. COMPLIANCE WITH ALL LAWS
Consultant shall at its own cost and expense comply with all statutes,
ordinances, regulations and requirements of all govemmental 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,
county, state and federal laws, rules, regulations and permit requirements and be
subject to approval of the Project Administrator and City.
29. 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.
30. 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.
31. 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.
32. 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.
33. 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.
34. SEVERABILITY
If any term or portion of this Agreement is held to be invalid, illegal, or otherwise
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unenforceable by a court of competent jurisdiction, the remaining provisions of
this Agreement shall continue in full force and effect.
35. 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.
36. 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.
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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on
the day and year first written above.
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
By:
fidynetWBea-66�Tm ,
Assistant City � to ey
ATTEST:
By
CITY OF NEWPORT BEACH,
A Municipal Corporation
By: � '
Mark Harmon,
General Services Director
CONSULTANT:
am
(Corporate Officer)
Title: II V,
Print Name: d-4ul-J—
(Financial Officer)
Title:
Print Name:
Attachments: Exhibit A — Scope of Services and Schedule of Billing Rates
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WAYNE PERRY, INC.
&N06ftn. CwWnghm mdQ= &V
May 19, 2009
Mr. Michael Pisani
City of'Newpoit Beach
3300 Newport Boulevard
Newport Beach, California 92660
SUBJECT: PROPOSAL TO EiVESTiGATE UNAUTHORIZED RELEASE
Newport Beach Corporate Yard
592 Superior Avenue
Newport Beach, California 92660
Dear Mr. Pisani;
Wayne Perry, Inc_ (WPI) appreciates the opportunity to submit this proposal for an
environmental site investigation at the above referenced locations (herein referred to as the
"Site')_ The Site location is shown on Figure 1- Main features o the Site are shown on the plot
plan provided as F figure 2.
We air aware that this work is being zrquhW by the Orange County Health Care Agency
( OCHCA) in response to a damaged gasoline underground storage tank (UST) that was
identified by a tank integrity test.. WPI representatives inspected the damaged USI after it was
uncovered, and observed that the top portion appeared to have suffered minor damage during
backfilling operations. It is our , understanding that the UST was subsequently emptied and
repaired.. The OCHCA is requiring a site investigation to determine if'gasoline leaked from the
damaged UST Our proposed scope of work to satisfy this requirement is described below
PROPOSED SCOPE OF WORK
Our proposed assessment program is comprehensive and includes:
Workplan preparation;
the emplacement of four Geohobe borings around the USI for the collection of
soil and groundwater samples;
8281 Commonwealth Ave. Buena Parlr,California 90621 Phone (714) 826.0352 (800) 883 -0352 Fax (714) 523.7888
Mr. Pisani Page 2
May 19, 2009
A comprehensive analytical testing program; and
Preparation of a site investigation reporting that documents site investigation
procedures, and provides conclusions recommendations that are based on field
observations and analytical results.
Each of these components is discussed below.
Workulan Preparation
This work will require environmental regulatory oversight and approval. The lead regulatory
agency is the OCHCA. To initiate this project, WPI will prepare a Site Investigation Workplan
that describes proposed site activities and project objectives in detail. The workplan will include
proposed boring locations, sampling and analytical testing procedures and a schedule for
implementation. After workplan approval is received, WPI will schedule and conduct the
proposed site assessment work.
Soil Borine Installation
Four soil borings will be installed at the approximate locations shown on Figure 2. Each boring
will be advanced to 40 feet beneath ground surface (bgs) or first groundwater, whichever depth is
less. Soil samples will be collected into acetate tubes at 5 -foot intervals. Grab groundwater
samples will be collected if groundwater is encountered.
An 18 -inch section from each sample interval will be recovered for laboratory analysis and soil
classification. The 18 -inch section will be segregated into three 6 -inch (approximately) sections.
The section nearest the sample toe will routinely selected for laboratory analysis. The ends of
this section will be covered with Teflon sheets and plastic end caps. The tube will be labeled
with the borehole name and sample depth, recorded on the chain -of- custody document, and
placed in cold storage for delivery to the analytical laboratory.
Soil in the remaining tubes will be examined in the field for observable signs of petroleum
hydrocarbons and for soil classification. Soil will be classified in general accordance with the
Unified Soil Classification System. The soil classification and description, including blow
counts, grain size, size grading, subordinate constituents, color, density, and moisture content,
will be recorded on a boring log maintained for each sampling location.
Monitoring for total organic vapor emissions will performed in the field with a photo - ionization
detector (PID) calibrated to hexane. A portion of the soil collected from the sample tube will
placed into a Ziploc bag. The bag will be sealed and allowed to sit undisturbed for
approximately 10 minutes. The PID probe will then be inserted into the bag and the organic
vapor content of the headspace measured. These measurements will be recorded on the boring
logs.
To avoid cross - contamination, all sampling equipment and drilling augers will be steam cleaned
before first use and between each boring, or exchanged for pre- cleaned equipment. The sample
apparatus (and sample tubes) will be washed in a non - phosphate detergent, then double- rinsed in
distilled water and allowed to air dry.
Mr. Pisani Page 3
May 19, 2009
All soil and groundwater samples will be analyzed for total petroleum hydrocarbons by modified
EPA method 8015 and for benzene, toluene, ethyl benzene and total xylenes (BTEX) and the
fuel oxygenates by EPA Method 8260B. All analytical testing will be conducted by an
independent California Department of Health Services certified analytical laboratory.
Reporting
Upon receipt of analytical data, WPI will prepare a report that documents investigation
procedures and results, and provides conclusions and recommendations based on these results.
Copies of laboratory reports, boring logs and bench scale testing data will be included as report
appendices.
ASSUMPTIONS AND CONDITIONS
The following conditions will apply to the above scope of work and associated cost estimate:
As reasonable precautions will be taken, damage and/or repair to subsurface
structures, piping and/or utilities will not be the financial responsibility of WPI or
any of its contractors, unless negligence of said parties can be demonstrated.
• WPI or any of its subcontractors will not be financially responsible for delays or
inconveniences to the project not caused by said parties.
WPI will not be financially responsible for any additional work resulting from
findings of the investigation and/or requested by any involved parties and/or the
regulatory agencies.
COSTING AND TERMS
The total estimated cost for the work described above is $12,743. A cost break down is provided
as Attachment 1. Our proposal includes comprehensive costs for the work described herein.
This estimated cost will not be exceeded without your prior written approval (time and materials
not to exceed). If actual costs are less, only the amount incurred will be charged.
CONTRACTUAL PROCEDURES AND SCHEDULE
To initiate this project, please have an authorized agent sign our Authorization to Proceed
(provided as Attachment 2), and return it to our office. It can be faxed to the attention of Eric
Floyd at (714) 523 -7880. WPI will immediately initiate work on the project upon receipt of the
deposit and signed Authorization to Proceed.
Our perfo ce and Wntrac relatio on this oject will governed �'s NO
Stan dard rms anondiho ' provrde Attachme 3.
WPI estimates that this project will require approximately four weeks to complete once approval
of the workplan is received from the OCHCA.
CLOSING REMARKS
Thank you for the opportunity to provide this proposal to the City of Newport Beach. We look
forward to the possibility of working with you on this project. Should you have any questions
Mr. Pisani
May 19, 2009
Page 4
regarding our proposed scope of work or costing, please do not hesitate to contact me at (714)
826 -0352.
Respectfully submitted,
WAYNE PERRY, INC.
Eric D. ae h +mmhEo.ow a
On:av -ErrtP Flgtl. xWayne
Floyd;,,
Eric D. Floyd, P.G.
Principal Geologist
Attachments as cited herein
ATTACHMENT 1
SUMMARY COST ESTIMATE
Wayne Perry, Inc. Summary Cost Estimate for Site Investigation
Newport Beach Corporate Yard
1. Pre -field Activities
Project Setup
Project Geologist
0.5
hr.
@
$80
/hr. _
$40
Clerical
0.5
hr.
@
$40
/hr. _
$20
Health & Safety Plan &Pre -field safety meeting
1
hrs.
@
$80
/hr. _
$80
Subtotal
$140
2. Work Plan Preparation
Clerical
0.5
hr.
@
$40
/hr. _
$20
Project Geologist
15
hrs.
@
$80
/hr. _
$1,200
Drafting (initial)
4
hrs.
@
$60
/hr. _
$240
Principal Review
0.5
hrs.
@
$135
/hr. _
$68
Subtotal
$1528
2.1 OCHCA Permitting
Project Geologist
2
hrs.
@
$80
/hr. _
$160
Subtotal
$160
6. Field Activities
Concrete coring
4
ea.
@
$120
/ea. _
$480
Air knifing
0.5
days
@
1500
/day =
$750
InterPhase
lump sum
$2,211
Full Scan by EPA 8260B
36
ea.
@
$110
/ea. _
$3,960
Project Geologist
12
hrs.
@
$80
/hr. _
$960
WPI reimbutseables Includes mileage)
lump sum
$300
Subtotal
$8,661
4. Site Assessment Report
Clerical Includes GeoTracker)
3
hrs.
@
$40
/hr. _
$120
Project Coordinator
0.5
hr.
@
$48
/hr. _
$24
Project Geologist
20
hrs.
@
$80
/hr. _
$1,600
Drafting
4
hrs.
@
$60
/hr. _
$240
Principal Review
2
hrs.
@
$135
/hr. _
$270
Subtotal
$2,254
Total Estimated Cost
$12,743
The costs provided are WPI's best estimate for the scope of work outlined in our proposal
These costs are presented on a time and materials basis that we
agree Not To Exceed without your prior authorization
ATTACHMENT 2
AUTHORIZATION TO PROCEED
AUTHORIZATION TO PROCEED
Proposal Contract #2009107
Phase Ii Environmental Site Assessment
592 Superior Avenue
Newport Beach, CA
Please indicate your Authorization to Proceed by having an authorized officer sign the
enclosed copy of this agreement and returning it to our office. This agreement may be
faxed to (714) 444 -1211. Upon receipt of your authorization and deposit, we will
commence the performance of the services described in this agreement.
Agreed and Accepted:
(Signature)
(Tide)
(Date)
Eric D. Floyd
Principal Geologist
Wayne Perry, Inc.
May 19, 2009
Business and Professions Code Section 7030 requires licensed Contractors to include the
following statement on their contract forms:
"Contractors are required by law to be licensed and regulated by the Contractor's State
License Board. Any questions concerning a contractor may be referred to the Registrar,
Contractor's State License Board, 9835 Goethe Road, Sacramento, California 95827.
Mailing Address: P.O. Box 26000, Sacramento, California 95826"