HomeMy WebLinkAboutC-4473 - PSA for Hazardous Materials Area Plan Update0-4473
PROFESSIONAL SERVICES AGREEMENT WITH
ESCI ENVIROSERVICES, INC.
FOR HAZARDOUS MATERIALS AREA PLAN UPDATE
THIS AGREEMENT is made and entered into as of this` A day of
2010, by and between the CITY OF NEWPORT BEACH, a Municipal Corp ration
( "City "), and ESCI ENVIROSERVICES, INC an environmental consulting firm whose
address is 4401 Atlantic Avenue, Long Beach, California, 90807 ( "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 cant' 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 planning to complete a triennial update to the local Hazardous Material
Area Plan as required by the California Health and Safety Code, Section 25503
(d).
C. City desires to engage Consultant to complete the update and present a
completed copy to the Newport Beach Fire Department (`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 Mr.
Steven M. Lichten, President.
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 1 st day of November, 2010, 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.
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 B 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 Six Thousand Eight Hundred Dollars and no /100 ($6,800.00) 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.
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4.2 City shall reimburse Consultant only for those costs or expenses
specifically approved in this Agreement, or specifically approved in writing
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 Work shall be paid in accordance with the
Schedule of Billing Rates as set forth in Exhibit B.
4.4 Notwithstanding any other provision of this Agreement, when payments
made by City equal 90% of the maximum fee provided for in this
Agreement, no further payments shall be made until City has accepted the
final work under this Agreement.
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 STEVEN LICHTEN
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.
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6. ADMINISTRATION
This Agreement will be administered by the Fire Department. STEVE
BUNTING, or his successor or designee, 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.
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.
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.
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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,
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
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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.
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.
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.
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.
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
R
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.
i. 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 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.
E. Endorsements. Each general liability and automobile liability insurance
policy shall be endorsed with the following specific language:
I. 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.
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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.
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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.
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,
and specifically for, 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. The final document to be prepared by Consultant under
this Agreement (the 'Newport Beach Hazardous Materials Area Plan') shall also
become the exclusive property of City, and City shall have the sole right to use
this document in its discretion without further compensation to Consultant or any
other party. However, no copyright is created or established on behalf of the City
for the non -City specific writings, descriptions, maps, graphics, formats and other
materials which were created, prepared, developed or collected by Consultant
prior to this Agreement.
The City understands and agrees that the document to be prepared by
Consultant under this Agreement (the 'Newport Beach Hazardous Materials Area
Plan') will contain non -City speck writings, descriptions, maps, graphics, and
other materials which were created, prepared, developed or collected by
Consultant prior to this Agreement for use on projects for other (non -City) clients.
The City also understands and agrees that Consultant intends to utilize these
non -City specific writings, descriptions, maps, graphics, formats and other
materials on future projects for other (non -City) clients. This Agreement in no
way restricts or prohibits Consultant from such future use of non -City specific
writings, descriptions, maps, graphics, formats and other materials.
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
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such changes unless City has given Consultant prior notice and has received
from Consultant written consent for such changes.
18. COMPUTER DELIVERABLES
Intentionally omitted.
19. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications prepared by Consultant, its officers, employees, agents and
subcontractors in the course of, and specifically for, implementing this
Agreement, shall be kept confidential unless City authorizes in writing the
release of information. This confidentiality provision shall not be applicable to
the non -City specific writings, descriptions, maps, graphics, formats and other
materials created, prepared, developed or collected by Consultant prior to this
Agreement.
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
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
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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
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:
Attention:
Steve Bunting
11
Fire Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA, 92663
Phone: 949 - 644 -3353
Fax: 949 - 644 -3120
All notices, demands, requests or approvals from CITY to Consultant shall be
addressed to Consultant at:
Attention:
Steven Lichten
ESCI EnviroServices, Inc
4401 Atlantic Avenue
Long Beach, CA 90807
Phone: 562 - 984 -2079
Fax: 562 - 984 -2001
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
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 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.
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
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.
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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.
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:
ynett&-b. biK-qhamp
Assistant Cit A rney
ATTEST:
�U7jl
By:
t/ Leilani Brown,
City Clerk
O
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�crFaw�'�r
CITY OF NEWP EACH,
A M I C rpora ion
By:
Steve Lewis
Fire Chief
CONSU TANT:
By: 4 - S�
(Corporate fficer)
Title:�5�
Print Name: 6n0►tet,
By:Tlk
(Financial Officer)
Title:
Print Name:
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
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EXHIBIT "A"
SCOPE OF SERVICES
The scope of work for the Area Plan revision /update will include the following:
Review the existing NBFD Hazardous Materials Area Plan and recommend a revised
format (which would improve the usefulness of the Plan). Although ESCI
EnviroServices originally developed the Area Plan templates and format used by
multiple agencies, we recognize there are always opportunities for improvement.
Specifically, we plan on a detailed review of the past, current and anticipated future use
of the Plan by affected entities and discussions with these entities to identify any
improvements. Regardless of any revisions to enhancing the usefulness and
maintainability of the Plan, ESCI EnviroServices will ensure any revised format is
consistent with other local, state and federal response plans.
As part of our effort to meet this objective while ensuring any Area Plan revision or
reformatting will be accepted by Cal EMA and usable/maintainable by, NBFD, ESCI
EnviroServices will work closely with NBFD and Cal EMA in the early stages of plan
revision. We will also coordinate as necessary with the other fire agencies /cities
covered under this Plan.
• Develop a project work plan with appropriate milestones, subject to review and revision
by the NBFD Project Manager of the Area Plan project. ESCI EnviroServices will work
closely with NBFD in identifying specific objectives, deliverables and interim task
completion deadlines. ESCI EnviroServices will frequently review and communicate
progress to ensure appropriate schedules are met and resources expended. This will
include both ESCI EnviroServices- required project elements, and those required of
NBFD.
• Incorporate relevant updates related to procedures, staffing, agencies, communications
and resource lists.
Please note that while ESCI EnviroServices will conduct a detailed evaluation of Area Plan -
relevant current NBFD and support/resource agency procedures (including NBFD standard
operating procedures), etc., this bid does not include the updating of the" procedures or
resource lists. However, ESCI EnviroServices will provide NBFD guidance or information on
necessary revisions to these existing associated procedures/lists as necessary and
appropriate. Revised lists and procedures will be included, as necessary, in the Area Plan.
Where relevant plans, documents, lists and other Information under the jurisdiction of other or
non -NBFD agencies appears outdated, ESCI EnviroServices will provide the agency and/or
NBFD with a summary of the changes/revisions required of the other agency(ies). In
performing this update, ESCI EnviroServices anticipates discussions, interviews or meetings
with the other relevant agencies.
• . Review and incorporation of changes/updates to the most recent version of the OC Fire
Chiefs Association's Hazardous Materials Response SOPS (used by the Orange
County -Cities HazMat JPA);
Review and incorporation of any changes/updates in the NBFD's management of the
Hazardous Materials Disclosure/Business Emergency Plan program and related
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EXHIBIT "A"
SCOPE OF SERVICES
(Cont.)
interaction & coordination with the various cities and fire agencies within it's jurisdiction,
as well as any updates to inspection programs, coordination or baseline hazards;
Update materials to correspond with the California SEMS, the National Incident
Management System (NIMS), National Response Framework (formerly Natl. Response
Plan), regulatory changes, relevant city emergency /disaster plans, and relevant state
audit requirements associated with the Certified Unified Program element for Hazardous
Materials. Ensure the Plan is coordinated with the County of Orange Emergency Plan
and any other relevant planning documents.
• ESCI EnviroServices will ensure that all Area Plan elements and incorporated materials
reflect current state and federal regulatory requirements, as necessary. In reviewing
(and if necessary, updating) the Plan to assure conformity with the Unified Program
requirements of 27 CCR 15100 at seq., ESCI EnviroServices will ensure the Plan
addresses the following issues:
• Hazardous waste contingency plan activation reporting from permitted and
other regulated facilities;
• Release reports for hazardous waste tanks and tank secondary containment
systems;
• Current and prospective hazardous materials drill and exercise program
(including interaction with and participation by local industries);
• Specified technical expertise and ongoing training required by 27 CCR
15260;
• Area Plan-specific self-audit protocols/checklists and other tools to aid 27
CCR 15280 compliance. Cal EMA guidance will be sought in the
development of this self-audit tool;
• Release reports, violation - related incident and other relevant records and
reports mandated by 27 CCR 15290;
• Slate (Cal EMA) oversight audits of the Area Plan; and
• Other 27 CCR compliance issues and methodology obtained from
discussions with other CUPAs and Cal EMA.
■ Review and incorporation of the implementation (and/or status) of any Cal EMA or other
relevant recommendations made at the time of the most recent Area Plan update;
■ Review of current hazardous materials usage and transportation patterns (as
information is available), available hazardous materials transportation flow/commodity
studies, significant changes in zoning or land use, and other updated risk or hazard
information for the City of Newport Beach. Any relevant and significant changes will be
incorporated into the updated Area Plan;
• Review and integration with the latest Newport Beach Emergency Operations.Plan (July.
2004 or latest);
16
EXHIBIT "A"
SCOPE OF SERVICES
(Cont.)
• Development of the newly required Pesticide Drift Protocols (required by SB 391). The
protocol development will include associated coordination with the Orange County
Agricultural Commissioner and Orange County Health Care Agency;
■ Integration (as appropriate) of the January 2006 (or most current version) of the
Hazardous Materials Incident Toolkit (a new addendum/guidance document to the State
Toxic Disaster Contingency Plan (previously known as Hazardous Materials Incident
Contingency Plan). Any relevant and significant changes will be incorporated into the
updated Area Plan;
• Integration of the National Incident Management System (NIMS) with the California
Standardized Emergency Management System (SEMS) and incorporating current state
and local NIMS implementationfintegration steps and status;
■ Revision of the format of the Area Plan to be consistent with the Local Emergency
Planning Committee Region I Hazardous Materials Plan, and other Area Plans within
the County and region.
• Review and incorporation as necessary of the latest revised federal, state, regional and
county-wide emergency plans (such as the National Response Framework, OC
Operational Area Plan and others), and City of Newport Beach Emergency (Operations)
Plan.
■. Inclusion of other administrative, or coordination changes or updates.
• Preparation of draft Area Plan documents for NBFD and other stakeholder review.
ESCI EnviroServices would prepare three hardcoples of a draft Area Plan, and
electronic copies (in Adobe PDF format - either emailable or on CD).
■ Preparation of final Area Plan copies. ESCI EnviroServices would prepare up to 4 hard
copy binders, and as many CD -ROM versions of the Area Plan as requested. The
electronic copies on CD would be in Adobe PDF format, and would include other
relevant and useful Plans and guidance documents, in addition to the Area Plan and
Appendices.
For the NBFD Area Plan update, ESCI EnviroServices will work with the NBFD and City of
Newport Beach Emergency Management Program personnel to determine the status of the
City's SEMS -NIMS integration and NIMS implementation. These integration steps and relevant
references will be included as necessary in the Area Plan update. Please note that this proposal
and scope of work does not include assisting the City in implementing NIMS or otherwise
complying with the IFFY 2006 or later NIMS implementation requirements.
The Area Plan updatelrevision will be consistent and in compliance with the latest guidance
and regulations from Cal EMA.
iW/
EXHIBIT "A"
SCOPE OF SERVICES
(Cont.)
ESCI EnviroServioes will provide ad hoc assistance to NBFD for a one year period after the
completion of the Area Plan in implementation and coordination of the Area Plan. We will also
assist NBFD in the preparation of the required HMEP Grant submittals to Cal EMA (including
the reimbursement requests and project status reports). Many of our Area Plans have been
developed under the HMEP Grant program and we have considerable experience with the
program.
it
EXHIBIT "B"
SCHEDULE OF BILLING RATES
200912010 PROFESSIONAL FEE SCHEDULE FOR ADDITIONAL SERVICES
ESCI EnviroServices' fee schedule for hourly rates and associated fees is provided below. The
rate sheet is current for the 20M2010 year. Labor rates are shown on the table below. Mr.
Lichten is billed at the Principal level. Additionally, when evaluating the competitiveness of
fees, the seniority and depth of experience of the personnel must be taken into account As
stated above, the proposal is based on anticipated grant funding.
All other outside labor or professional services billed through ESCI EnviroServioes and
equipment rental items are charged a handling charge of 5 percent. Such costs may
include subsistence, printing, photocopy and/or photographic work, special insurance,
deliveries (including express maii), transportation costs, and miscellaneous expendable
supplies used on the project. Photocopies are charged at $0.10 per page or actual copy
rates. The project - related costs of communications, including telephone, telecopy,
modem, telex, and normal postage are billed on every Invoice at 3 percent of the labor
fees on invoiced project costs.. Professional liability insurance coverage costs are billed
on every invoice at 4% of the total invoiced project costs. Mileage is charged at $0.55 per
mile or current IRS rates. Travel time will be charged at regular hourly rates for actual
time involved.
Invoices on this project will be rendered on a 25% progress payment basis, with the final
invoice submitted after final acceptance of the project deliverables (or whatever other
schedule is necessary to satisfy the Cal EMA HMEP grant program). All invoices are due
and payable upon delivery.
as 'dem*fied4alheJavoVewLbaadded. ESCI EnviroServices understands the manner
in which these HMEP grants are funded and paid, and will worktinvoice accordingly.
M
FieldlOffice Assistant
30
Word Processor
35
Illustrator /Computer Technician
50
Editor
46
Field Technician
70
Staff Scientist/Industrial Hygienist(Engineer/Geologist
75
Senior Staff Scientist/Industrial
Hyg ienist/Enginear/Geologist
80
Project Scientist/Industrial HygienistlEngineer /Geologist
g0
Project Toxicologist
110
Senior Project Scientist/ Industrial Hygienist!
EngineedGeologist -
120
Consulting Scientist/ Engineer /Geologist/Hydrogeologist
125
Consulting Toxicologist
135
Principal
135
All other outside labor or professional services billed through ESCI EnviroServioes and
equipment rental items are charged a handling charge of 5 percent. Such costs may
include subsistence, printing, photocopy and/or photographic work, special insurance,
deliveries (including express maii), transportation costs, and miscellaneous expendable
supplies used on the project. Photocopies are charged at $0.10 per page or actual copy
rates. The project - related costs of communications, including telephone, telecopy,
modem, telex, and normal postage are billed on every Invoice at 3 percent of the labor
fees on invoiced project costs.. Professional liability insurance coverage costs are billed
on every invoice at 4% of the total invoiced project costs. Mileage is charged at $0.55 per
mile or current IRS rates. Travel time will be charged at regular hourly rates for actual
time involved.
Invoices on this project will be rendered on a 25% progress payment basis, with the final
invoice submitted after final acceptance of the project deliverables (or whatever other
schedule is necessary to satisfy the Cal EMA HMEP grant program). All invoices are due
and payable upon delivery.
as 'dem*fied4alheJavoVewLbaadded. ESCI EnviroServices understands the manner
in which these HMEP grants are funded and paid, and will worktinvoice accordingly.
M