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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 2 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. 3 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, 2 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. ri 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 1. 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. VA 15. 16. 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. 9 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 F 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 10 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 11 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 12 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. 13 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 14 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"