HomeMy WebLinkAboutC-5754 - PSA for Hazardous Materials Area Plan Revision and UpdateC-'
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PROFESSIONAL SERVICES AGREEMENT
WITH STEVEN M. LICHTEN FOR
HAZARDOUS MATERIALS AREA PLAN REVISION AND UPDATE
THIS PROFESSIONAL SERVICES AGREEMENT ( "Agreement ") is made and
entered into as of this 20th day of August, 2013 (Effective Date "), by and between the
CITY OF NEWPORT BEACH, a California municipal corporation and charter city
( "City'), and STEVEN M. LICHTEN, a sole proprietor ( "Consultant'), whose address is
4401 Atlantic Avenue, Suite 200, Long Beach, California 90807, 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 desires to engage Consultant to provide a Hazardous Materials Area Plan
revision and update ('Project').
C. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the professional services described in this Agreement.
D. 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:
The term of this Agreement shall commence on the Effective Date, and shall
terminate on September 30, 2014, 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 ( "Services"
or "Work "). City may elect to delete certain Services within the Scope of Services at its
sole discretion.
3. TIME OF PERFORMANCE
3.1 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. In the absence of a specific schedule, the Services shall be
performed to completion in a diligent and timely manner. The failure by Consultant to
strictly adhere to the schedule set forth in Exhibit A, if any, or perform the Services in a
diligent and timely manner may result in termination of this Agreement by City.
3.2 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 within two (2) calendar days of the occurrence causing the delay to the
other party so that all delays can be addressed.
3.3 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator as defined herein 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.
3.4 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the circumstances, by
hand - delivery or mail.
4. COMPENSATION TO CONSULTANT
4.1 City shall pay Consultant for the Services on a flat rate 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 Five
Hundred Dollars and 001100 ($6,500.00), 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.
4.2 Consultant shall submit invoices to City describing the Work performed.
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) calendar days after approval of the
invoice by City staff.
4.3 City shall reimburse Consultant only for those costs or expenses
specifically identified in Exhibit B to this Agreement or specifically approved in writing in
advance by City.
4.4 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.
Steven M. Lichten Page 2
Compensation for any authorized Extra Work shall be paid in accordance with the
Schedule of Billing Rates as set forth in Exhibit B.
5. PROJECT MANAGER
5.1 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.
5.2 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.
5.3 If Consultant is performing inspection services for City, the Project
Manager and any other assigned staff shall be equipped with a cellular phone to
communicate with City staff. The Project Manager's cellular phone number shall be
provided to City.
6. ADMINISTRATION
This Agreement will be administered by the Fire Department. City's Assistant
Fire Chief or designee shall be the Project Administrator and shall have the authority to
act for City under this Agreement. The Project Administrator shall represent City in all
matters pertaining to the Services to be rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
To assist Consultant in the execution of its responsibilities under this Agreement,
City agrees to 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.
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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 the highest professional
standards. For purposes of this Agreement, the phrase "highest professional
standards" shall mean those standards of practice recognized by one (1) or more first -
class firms performing similar work under similar circumstances.
Steven M. Lichten Page 3
8.2 All Services shall be performed by qualified and experienced personnel
who are not employed by City. By delivery of completed Work, Consultant certifies that
the Work conforms to the requirements of this Agreement, all applicable federal, state
and local laws, and the highest professional standard.
8.3 Consultant represents and warrants to City that it has, shall obtain, and
shall keep in full force and 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.
8.4 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, acts of God, or the failure of City to furnish timely information or to
approve or disapprove Consultant's Work promptly, or delay or faulty performance by
City, contractors, or governmental agencies.
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9.1 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,
attorneys' 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, reckless, 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).
9.2 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 attorneys' 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
Consultant.
Steven M. Lichten Page 4
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, nude or regulation and the expressed terms of this Agreement. No
civil service status or other right of employment shall accrue to Consultant or its
employees. 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 of the Work 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.
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 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 or for other periods as specified in this Agreement, policies of
insurance of the type, amounts, terms and conditions described in the Insurance
Requirements attached hereto as Exhibit C, and incorporated herein by reference.
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
Steven M. Lichten Page 5
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 co- tenancy, 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
orjoint - venture.
16. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform Work on this Project are
identified in Exhibit A. Consultant shall be fully responsible to City for all acts and
omissions of any subcontractor. Nothing in this Agreement shall create any contractual
relationship between City and any subcontractor nor shall it create any obligation on the
part of City to pay or to see to the payment of any monies due to any such
subcontractor other than as otherwise required by law. City is an intended beneficiary
of any Work performed by the subcontractor for purposes of establishing a duty of care
between the subcontractor and City. Except as specifically authorized herein, the
Services to be provided under this Agreement shall not be otherwise assigned,
transferred, contracted or subcontracted out without the prior written approval of City.
17. OWNERSHIP OF DOCUMENTS
17.1 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.
17.2 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.
17.3 All written documents shall be transmitted to City in formats compatible
with Microsoft Office and/or viewable with Adobe Acrobat.
Steven M. Lichten Page 6
EMENKsiol'kll
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 expressly authorizes in writing the release of information.
19. INTELLECTUAL PROPERTY INDEMNITY
Consultant shall defend and indemnify City, its agents, officers, representatives
and employees against any and all liability, including costs, for infringement or alleged
infringement of any united States' letters patent, trademark, or copyright, including
costs, contained in Consultant's Documents provided under this Agreement.
20. RECORDS
Consultant shall keep records and invoices in connection with the Services 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.
21. WITHHOLDINGS
City may withhold payment to Consultant of any disputed sums until satisfaction
of the dispute with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Consultant shall
not discontinue Work as a result of such withholding. Consultant shall have an
immediate right to appeal to the City Manager or designee with respect to such disputed
sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of
return that City earned on its investments during the time period, from the date of
withholding of any amounts found to have been improperly withheld.
22. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what would
have resulted if there were not errors or omissions in the Work accomplished by
Consultant, the additional design, construction and/or restoration expense shall be
borne by Consultant. Nothing in this Section is intended to limit City's rights under the
law or any other sections of this Agreement.
Steven M. Lichten Page 7
23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the
Project.
24. CONFLICTS OF INTEREST
24.1 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.
24.2 If subject to the Act, Consultant shall conform to all requirements of the
Act. Failure to do so constitutes a material breach and is grounds for immediate
termination of this Agreement by City. Consultant shall indemnify and hold harmless
City for any and all claims for damages resulting from Consultant's violation of this
Section.
25. NOTICES
25.1 All notices, demands, requests or approvals, including any change in
mailing address, 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.
25.2 All notices, demands, requests or approvals from Consultant to City shall
be addressed to City at:
Attn: Kevin Kitch, Assistant Fire Chief
Fire Department
City of Newport Beach
100 Civic Center drive
PO Box 1768
Newport Beach, CA 92658
253 All notices, demands, requests or approvals from City to Consultant shall
be addressed to Consultant at:
Steven M. Lichten
4401 Atlantic Avenue, Suite 200
Long Beach, CA 90807
26. CLAIMS
Unless a shorter time is specified elsewhere in this Agreement, before making its
final request for payment under this Agreement, Consultant shall submit to City, in
Steven M. Lichten Page 8
writing, all claims for compensation under or arising out of this Agreement.
Consultant's acceptance of the final payment shall constitute a waiver of all claims for
compensation under or arising out of this Agreement except those previously made in
writing and identified by Consultant in writing as unsettled at the time of its final request
for payment. Consultant and City expressly agree that in addition to any claims filing
requirements set forth in the Agreement, Consultant shall be required to file any claim
Consultant may have against City in strict conformance with the Government Claims Act
(Government Code sections 900 et seq.).
27. TERMINATION
27.1 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.
27.2 Notwithstanding the above provisions, City shall have the right, at its sole
and absolute discretion and without cause, of terminating this Agreement at any time by
giving no less than 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. STANDARD PROVISIONS
28.1 Recitals. City and Consultant acknowledge that the above Recitals are
true and correct and are hereby incorporated by reference into this Agreement.
28.2 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,
county, state and federal laws, rules, regulations and permit requirements and be
subject to approval of the Project Administrator and City.
28.3 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.
Steven M. Lichten Page 9
28.4 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.
28.5 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.
28.6 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.
28.7 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.
28.8 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.
28.9 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, State of California.
28.10 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, age or any other impermissible basis under law.
28.11 No Attorneys' Fees. In the event of any dispute or legal action arising
under this Agreement, the prevailing party shall not be entitled to attorneys' fees.
28.12 Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
Steven M. Lichten Page 10
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: I— IS- I Ll
L
By: U ht'/Q� X )'� 4 j
Aaron C. H rp
City Attorney
ATTEST:
Date: 2 •�•!
an
Leilani I.
City Cle
It
CITY OF NEWPORT BEACH,
a California municipal corporation
Date: 2
By:
Scott Poster
Fire Chief
CONSULTANT: Steven M
proprietor
Date: i 496F61
A
. Lichten, a sole
Steven
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
LIGIIICII
Steven M. Lichten Page 11
SCOPE OF SERVICES
Steven M. Lichten Page A -1
Steoen M. Lichten, MS, REA, CPEA
4605 Atlantic Aue., Suite ZO0
Long Beath, Califamia 80807
71dd22 -0470
s &chten@enviraservices.tam
Newport Beach Fire Department
Fire Prevention - Hazardous Materials
PO Box 1768
3300 Newport Blvd.
Newport Beach, CA 92621
Attention: Nadine Morris
Life Safety Specialist
03 July 2013
13ESCI- OFD /HMAPU -01
SUBJECT: PROPOSAL FOR HAZARDOUS MATERIALS AREA PLAN REVISION &
UPDATE - NEWPORT BEACH FIRE DEPARTMENT
Dear Nadine:
Thank you again for providing me the opportunity to be of service and to propose on
Newport Beach Fire Department's Hazardous Materials Area Plan revision/update project. I
am is pleased to submit this proposal to revise /update the 2010 Area Plan for the City of
Newport Beach. This proposal was prepared in response to your request for proposal and is
based on the following:
• My review of the 2010 Newport Beach FD Hazardous Materials Area Plan (while
working for ESCI EnviroServices, I developed the 2010 Area Plan).
• My exceptional knowledge /familiarity with the relevant updated requirements of the
California Office of Emergency Services (Cal OES) and California Department of Toxic
Substances Control (DTSC) regulations and guidelines regarding Hazardous Materials
Area Plans, Pesticide Drift Protocols and CUPA program administration;
• Updated federal (FEMA and NRT) requirements /guidance for the National Incident
Management System (NIMS) and National Response Framework; and
• My extensive experience with numerous CUPAs and Administering Agencies and my
knowledge and expertise in emergency responselmanagement plan development,
implementation and training in a wide array of settings. This includes being the
developer of the updated Hazardous Materials Area Plans for the following Orange
County agencies: Orange County Fire Authority, Anaheim Fire Department, Huntington
Beach Fire Department (original Plan in 2002), Newport Beach Fire Department,
Orange City Fire Department, Costa Mesa Fire Department, Newport Beach Fire
Department and Orange County Health Care Agency (original Plan and 2007
revision /update), and Fullerton Fire Department (due 2013 - 2014).
• Assisting Industry and Government to Achieve Competitive Environmental and Economic Advantage
Newport Beach Fire Department
Hazardous Materials Area Plan Update
02 July 2013
13ESCI- NBDIHMAPU -01
Page 2
TECHNICAL PROPOSAL
REVISION & UPDATE OF NEWPORT BEACH FIRE DEPARTMENT
HAZARDOUS MATERIALS AREA PLAN
a) Qualifications, Related Experience and References
I am a environmental, hazardous materials and emergency planning consultant based in
Southern California with nearly over 30 years focused experience, and an extraordinary and
unmatched track record of working with and for emergency planning, response and regulatory
agencies, as well as the regulated community. As detailed below, I have written/updated far
more Hazardous Materials Area Plans than any other consulting firm or consultant in California,
and has been writing Hazardous Materials Area Plans for over 13 years; longer than all but one
Area Plan Consultant. Every one of the Area Plans written by me has been accepted and
approved without amendments/corrections by the requesting agency as well as the California
Office of Emergency Services — Cal DES). During its review of one of my Hazardous Materials
Area Plans for a major Southern California fire department, Cal OES has even stated to that
department that my Area Plans were the best that Cal OES had ever reviewed. Several years
ago, at the invitation of Cal OES, I assisted Cal OES in the presentation of an all -day training
workshop for hazardous materials planning /response agencies (city and county fire
departments, city and county environmental health departments) in how to develop and
implement Hazardous Materials Area Plans.
I have over 30 years environmental, hazardous materials and emergency planning experience,
and am well known in the hazardous materials regulatory emergency planning agency
community, with ongoing service on planning and advisory boards (including the Local
Emergency Planning Committee (LEPC) Region 1, several CUPA advisory groups and
committees and is a repeated (each of the past 13 years) multiple course instructor at the annual
California CUPA Conference.
No other consultant or consulting firm working in California, regardless of size, can match my
combination of experience authoring /revising Hazardous Materials Area Plans and working
with /training planning and regulatory agencies. I am certainly not new to Hazardous Materials
Area Planning or working with USDOT /CalOES Hazardous Materials Emergency Planning
Grants.
Steven M. Lichen
Long Beech, California
Newport Beach Fire Department
Hazardous Matarials Area Plan Update
02 July 2013
13ESC1•NBDIHMAPU -01
Page 3
(a)(1) Hazardous Materials Area Plan Experience
My broad -based emergency planning, plan evaluation, response and response program
training, compliance plan /program management and multi - agency experience are the keys to
any emergency program plan design, development and implementation. As summarized
below, t have more direct experience authoring and updating Hazardous Materials Area Plans
than any consultant or consulting firm currently operating in Southern California. Even one of
my competitors, Risk Management Professionals, has used my proprietary Area Plan models,
research and templates to prepare two Area Plans for one of my municipal clients (on a joint
project and one of their own clients (unfortunately, however, RMP, Inc. had permission from
me for only a single project - specific use, and did not request or obtain permission prior to
using my intellectual property as their own work on their second project). Another (relatively
recent) Area Plan consultant, in working on a 2010/2011 update to an Area Plan I initially
developed and subsequently updated, requested that they be able to utilize the editable
version of the Area Plan I developed for that jurisdiction, including my proprietary content,
research and formatting. However, that consultant elected not to accept my offer of a limited
license for fee, and therefore was not granted permission to use my content or formatting for
the 2010/2011 update. I understand that that consultant eventually copied and used my
format and content regardless, and made only minor changes to what I originally developed. I
are quite proud that my Area Plans are considered by my competition to be of such quality
and use.
I am a recognized leading expert in the development and update of Hazardous Materials Area
Plans for California agencies. I have successfully completed the revision and update of the
Hazardous Materials Area Plans listed below. Except where noted 1, supported by Lt. Richard
Lichten (LASD ret.) and Ofr. Mike Hagen (LAPD ret. and Fullerton PD reserve) for WMD and
some transportation elements and Steve Koester (SFSFD ret.) for SOP review, was the
key /principal author and coordinator of the Area Plans listed below (and will comprise the
Newport Beach Fire Department Area Plan project team). In all cases, I was responsible for
the development of the Area Plan template and format, Area Plan element research (including
agency file and records review and data extraction), agency and client interviews and other
coordination, writing /revision of the Area Plan, and document assembly and final production.
Except where noted, I did not utilize any subcontract firms or personnel in my Area Plan
projects.
• Orange County Fire Authority (addressing 23 contract cities within Orange County
and the unincorporated county): 2008 major revision /update, and 2011/2012
update /revision.
➢ Contact reference: Robert Distaso, Fire Protection Engineer, Orange County Fire
Steven M. uchten
Long eeoch, California
Newport Beach Fire Department
Hazardous Materials Area Plan Update
02 Ady 2013
13E$Ci- NBD /HMAPU-01
Page 4
Authority, 1 Fire Authority Rd, Irvine, CA 92602; (714) 573 -6253
• Anaheim Fire Department: 2011/2012 major revision /update.
➢ Contact reference: Fredrick Chun, Deputy Fire Marshal, Anaheim Fire Department,
201 S. Anaheim Bl., Suite 300, Anaheim, CA 92805. (714) 765 -4040.
• County of Sonoma Fire & Emergency Services Department: 2011 major
revision /update.
➢ Contact reference: Andrew Parsons, Assistant Chief /Hazardous Materials Programs
Manager, County of Sonoma Fire & Emergency Services Department; 2300 County
Center Drive, Suite 221 -A, Santa Rosa, CA 95403. (707) 565 -1174.
• Orange City Fire Department: 2009 major revision /update.
➢ Contact reference: Brad Goodrich, Hazardous Materials Specialist, Newport Beach
Fire Department; 176 S. Grand Ave., Orange, CA 92821. (714) 288 -2573.
• Santa Monica Fire Department: 2002 major revision /update. 2013/2014 update /revision
to be performed by me.
➢ Contact reference: Eric Binder, Hazardous Materials Specialist, Santa Monica Fire
Department, 1444 7th St, Santa Monica, CA 90401. (310) 458 -8915.
• Costa Mesa Fire Department: 2009 major revision /update.
➢ Contact reference: Michelle Rudatis, Hazardous Materials Specialist, Costa Mesa Fire
Department; 2803 Royal Palm Drive, Costa Mesa, CA 92628. (714) 327 -7402.
• Newport Beach Mesa Fire Department: 2010 major revision /update.
➢ Contact reference: Nadine Morris, Hazardous Materials Specialist, Newport Beach Fire
Department; 3300 Newport Blvd., PO Box 1768, Newport Beach, CA 92658. (949)
644 -3105.
• Orange County Health Care Agency for the City of Brea: initial 2003 Area Plan
development, and 2007 update /revision.
o Note: Although OCHCA selected another consultant to prepare the 2010/2011
update /revision, that consultant requested that they be able, to utilize the editable version of
the 2007 Plan I developed, including my proprietary content, research and formatting.
However, that consultant elected not to accept my offer of a limited license for fee, and
therefore was not granted permission to use my content or formatting for the 2010/2011
update.
➢ Contact reference: Christine Lane, Hazardous Waste Specialist III, Orange County
Health Care Agency — Environmental Health Division, 1241 E. Dyer Rd., Suite 120,
Santa Ana, CA 92705. (714) 433 -6243.
• Burbank Fire Department: 2003 major revision /update; 2007 revision /update.
o The 2003 Area Plan development was performed under co- contract with Risk Management
Professionals, Inc. I provided the Area Plan template /boilerplate, research and majority of the
Steven M. Lichten
Lang Beach, Caiifwnia
Newport Beach Fire Department
Hazardous Materials Area Plan Update
02 July 2013
13ESCI- NBD /HMAPU -01
Page 5
appendices, and trained the Risk Management Professionals principal project staff (Stephen
Melvin) in contemporary Area Plan development and the use of my templates).
➢ Contact reference: Devin Burns (2003 Area Plan project manager formerly with
Burbank Fire Department), Environmental Health & Safety Manager, Burbank Water
and Power, 164 West Magnolia, Burbank, CA 91502; (818) 238 -3682. 2007 Area Plan
Contact reference: Jorge Martinez, Hazardous Materials Specialist, Burbank Fire
Department; 311 East Orange Grove Avenue, Burbank, CA 91502. (818) 238 — 3384.
e Santa Fe Springs Department of Fire /Rescue: 1999 original reformatting and major
revision; second update /revision completed in 2004. 2013/2014 update /revision to be
performed by me in my role at ESCI EnviroServices.
➢ Contact reference: Richard Kallman, Environmental Protection Specialist & Tiffany
Shedrick, Environmental Protection Inspector, Santa Fe Springs Department of
Fire /Rescue, Environmental Protection Division, 11300 Greenstone, Santa Fe Springs,
CA 90670; (562) 906 -3800
0 1 utilized (with OCFA permission) the 1999 OCFA Area Plan for basic content extraction (for
specific, limited elements). The Plan that I developed for Santa Fe Springs Fire Department
represented a complete revision and expansion in terms of content and format from the 1999
document. Network Environmental Services INES) was a subcontractor to me in the initial
development of the clandestine lab initial evaluation and hazards elements.
e Glendale Fire Department: 2003 major revision /update.
➢ Contact reference: Vasken Demidian, CUPA Program Manager, Glendale Fire
Department — Environmental Management/CUPA, 780 Flower Street, Glendale, CA
91201.(818)548 -4030.
e Huntington Beach Fire Department: 2002 major revision /update.
v Contact reference: Bill Hosband (retired and non- contactable); current Hazardous
Materials Specialist is David Smythe, Hazardous Materials Specialist (Mr. Smythe took
position after Area Plan project was completed), Huntington Beach Fire Department,
2000 Main St, Huntington Beach, CA 92648. (714) 536 -5469.
A significant number of the above Area Plan projects were successfully performed under the
1 As noted, I was a key member of the team which prepared BFD's 2003 Area Plan, and I was the principal and
original author of the Area Plan templates used for the Burbank Fire Department 2003 Area Plan. My other team
member on the 2003 BFD project, Risk Management Professionals, was advised in 2003 that the templates were
provided by me for use only on the joint 2003 BFD Area Plan project, but has since used my Area Plan templates
and models to prepare Area Plans for other jurisdictions, including Torrance Fire Department's 2004/2005 Area
Plan. while Risk Management Professionals used my templates, research and models following my Burbank
project without my permission or knowledge, and without providing attribution. I are proud that my intellectual work
products were considered of such high quality that Risk Management Professionals changed less than 10% of my
work in'developing'the Torrance Area Plan.
Steven M. uchten
Lang Beech, California
Newport Beach Fire Department
Hazardous Materials Area Plan Update
02 July 2013
13ESCI- NBD /HMAPU -01
Page 6
Hazardous Materials Emergency Planning (HMEP) grant program — on budget and on
schedule. All were approved /accepted by the requesting agency and CaIOES upon first
review. In addition to the fifteen Area Plan development and update /revision projects listed
above (plus the three listed additional updates scheduled for the 2013/2014 period), I was a
key participant and instructor in the 2006 Cal OES- sponsored Southern California Hazardous
Materials Area Plan Workshop.
This significant Area Plan experience will allow me to provide the City of Newport Beach with
exceptional relevant project and local allied response agency experience and an ability to
complete the project within project timelines and budgets.
b. Proposed Staffing and Proiect Organization
(b)(1) Education, Experience and Credentials of Proposed Project Staff
As detailed below under Proposed Staffing, I propose to utilize a very small project team
comprised of myself and two associate consultants all experienced in preparing, administering
and working with all manners of emergency response and emergency program management
plans and programs, including Hazardous Materials Area Plans. One of my specialties is the
development of workable, maintainable and auditable plans and programs of all types.
Additionally, the project personnel have over 45 years combined experience teaching
hazardous materials emergency response plan development and program management,
emergency response, and regulatory program compliance. This experience includes multi -
hazard /multi - agency plan development and evaluation.
The project team has previously worked with and has an excellent working relationship with
numerous Riverside County, San Bernardino County, Los Angeles County, Santa Barbara
County and Orange County CUPAs and Administering /Participating Agencies, DTSC and Cal
OES. I also have long standing professional and personal relationships with the CUPA and
hazardous materials program managers in Riverside County, San Bernardino County, El
Segundo, Santa Fe Springs, Orange County, Anaheim, Orange, Costa Mesa, Orange County
(unincorporated), Los Angeles County, San Luis Obispo, Long Beach/Signal Hill, Santa
Barbara County, Ventura County, Cal DES personnel and many others. Each member of the
project team has over 30 years' experience in their respective fields - including substantial
experience implementing emergency management programs in real -world /occupational
settings. This combination of professional expertise and personal relationships will enhance
the ability to share resources and increase cost effectiveness of the Area Plan update and
help assure first -time acceptance /approval of the proposed Newport Beach Fire Department
Hazardous Materials Area Plan revision by Cal DES.
Steven M. Liehten
Long Beach, California
Newport Beach Fire Department
Hazardous Materials Area Plan Update
02 July 2013
13E8Cl- NBDIHMAPU -01
Page 7
Area Plan Project Manager and Principal Author /Consultant: Steven Lichten, REA, CPEA,
CPP — Mr. Lichten will have the primary responsibility for performing the Area Plan
development/update — including performing or coordinating all supporting activities, supported by
the below listed associate staff. Mr. Lichten will serve as the single point of contact for the overall
guidance and coordination of all activities for the Newport Beach Fire Department Area Plan
project. Mr. Lichten will also be responsible for monitoring and maintaining the project schedule
and budget, and for preparing the work plan updates. Mr. Lichten will be the primary meeting
contact for the department. It is anticipated that Mr. Lichten will be performing 80 -85% of the
Area Plan update work and will be directly supervising /directing all work performed by the project
team.
As with my previous Hazardous Materials Area Plans, review of Newport Beach Fire
Department's emergency response - related Standard Operating Procedures, WMD and public
safety/public protective action elements will be provided by Oft. Mike Hagen (LAPD ret.),
Principal Consultant - Hazardous Materials Transportation and Response, and Steve Koester
(SFSFD ret.), Principal Environmental Scientist. Mr. Hagen will also be assisting with the
transportation - related hazard assessment and qualitative commodity flow component of the
Area Plan (Mike Hagen is a recognized expert in hazardous materials transportation and
transportation hazard assessment, and is also currently a sworn reserve police officer with
Fullerton Police Department — performing commercial and hazardous materials transportation
enforcement in the City).
(b)(2) Resumes
Summary resumes for all project staff have been submitted previously. The information above
and on these resumes should clearly convey the education, experience and professional
credentials applicable to this Area Plan project. I know of no other project team with comparable
combined Area Plan, response and regulatory agency experience.
(b)(3) Labor Resources and Labor Allocation
As noted, I will be working as an independent consultant and will be managing and authoring
the project. Accordingly, I have extraordinary flexibility in terms of labor allocation and
resources to be assigned to this project to ensure the Newport Beach Fire Department Area
Plan is completed on time and on budget.
My current proposed allocation of labor -hour allocation for this project (est. at 60 — 70 total
professional hours) is provided below (excludes administrative office staff responsible for Plan
printing, binding and other clerical activities):
Steven M. Lichten
Long Beach, California
Newport Beach Fire Department
Hazardous Materials Area Plan Update
02 July 2013
13ESCI- NBDIHMAPU -01
Page 8
Task
Assigned Staff
Est. Projected
Labor -Hours
• Project administration
• Planning meetings
• Area Plan review and update (including associated
Steve Lichten
45
plans, SOPS, hazard assessment data, response
protocols, incident data, etc.
• Review of transportation - related hazard assessment
data and consultation /input into planning elements
• Review of emergency response and public
Mike Hagen
6
safety /protective action procedures and
consultation /input into planning elements
• Review of emergency response, enforcement follow -up
and cost- recovery procedures and consultationtinput
Steve Koester
6
into planning elements
(b)(4) Project Organization Chart
c. Proposed Work Plan
California Health and Safety Code (HSC) Section 25503(c) requires local agencies administering the
provisions of HSC Chapter 6.95 to prepare a Hazardous Materials Area Plan for responses to
hazardous materials releases and threatened releases within its jurisdiction. Administering agencies
must certify that the Area Plan has been reviewed and, if necessary, revised every three years.
Significant revisions require Cal OES review and approval. I developed the Area Plan for the
Sieves M. Uchten
Gang Beath. Cats mia
Newport Beach Fire Department
Hazardous Materials Area Plan update
02 July 2013
13ESCI- NBDIHMAPU -01
Page 9
Newport Beach Fire Department with a completion date of September 2010. The Department is
requesting an update to this Plan and I will revise this Area Plan to assure that it clearly conforms to
all current state regulatory requirements, contains updated and relevant references and other
information (including the 2013 Hazardous Materials Tool Kit, revised and updated pesticide drift
protocols, and other current City, County, regional, state and federal emergency planning and
response plans and annexes) and will continue to serve as a useful hazardous materials emergency
response planning tool and resource. I am proposing to prepare the updated Area Plan consistent
with my Cal OES- recognized (and lauded) Hazardous Materials Area Plan format and content, which
is consistent with and fully integrated with the Tool Kit, and regional and state emergency /contingency
plans, and contains significant jurisdiction- specific hazard assessment information useful in hazard
reduction and pre incident planning and will serve as a very useful planning resource for the City. As
i have done with all of my Area Plan work, I will use state and national standards and best practices
in the preparation of the revised Newport Beach Fire Department Hazardous Materials Area Plan.
(c)(9) Approach to Scope of Work
More important than the resulting written Plan, I believe it is the planning process that most
benefits my Area Plan clients. My basic approach to Area Plan revisions (or initial development)
is to first understand how the administering agency (Newport Beach Fire Department) and
stakeholder agencies view and utilize their current Area Plan (e.g. as a planning and pre- incident
hazard evaluation and reduction tool; as a reference tool during and post - incident; as a set of
protocols to use during or after an incident; or simply as a document required to be kept updated
and approved by Cal OES every three years). Next, I work with the agency to identify how they
would like to view and use their revised Area Plan — so that I may develop the revision to be of
most actual use.
My experience is that my agency clients have, prior to my developmentlrevision of their Area
Plan, have primarily used their Plans as a seldom used reference document and/or to simply
satisfy the Cal DES (OES) requirement. I develop and revise my clients' Area Plans to serve as
a significant resource for pre - incident planning, pre- incident hazard evaluation and reduction and
as a valuable reference during major incidents and during the post - incident phase. My
experience is that the regulatory- required content (and administrative constraints) of Area Plans
does not lend themselves well for use of the Area Plan as the actual repository of the actual
emergency response protocols used ding a hazardous materials incident. Most response
agencies have in place a set of actual response (and post- response) protocols, policies or
Standard Operating Procedures that are used by the response and allied organizations. Rather
than duplicate these, the Area Plan would summarize them and incorporate them by specific
reference. The Area Plan planning process, however, is a critical part of my Area Plan
development — as it fosters the agency's needed internal review and update of these existing
policies, SOPS, etc. Additionally, my facilitation of the Area Plan planning process typically
Sloven M. Lichten
Long Beach, California
Newport Beach Fire Department
Hazardous Materials Area Plan Update
02 July 2013
13ESCi- NBD/HMAPU•01
Page 10
results in a far more useful evaluation of jurisdiction - speck hazardous materials hazards and
concerns (such as those related to geologic hazards, transportation modes, sensitive
populations, and incident coordination issues) than typical Area Plans.
Once I have this understanding, I obtain copies of all current related plans, protocols, policies,
SOPs, guidance, etc., for review, incorporation and annotation (such as identification of
recommended agency review or update) and conduct a thorough review. I also research the last
5 years of incidents reported in the jurisdiction as well as NFIRS /CFIRS data (supplied by the
agency), various jurisdiction - specific hazard data (such as that contained in the General Plan and
Safety Element), and agency hazardous materials regulatory programs and jurisdictional data,
training and drill data and plans, residuals management protocols, etc.
I then identify to the agency any issues or recommendations related to response, hazard
assessment and reduction, planning coordination, policies/SOPs, etc. and incorporate in the Plan
how any changes or recommendations will be addressed by the agency.
Finally, I then integrate all of the above into a fully revised and updated Hazardous Materials
Area Plan and appendices. A draft is provided to the agency for review and coordination with
other stakeholders as needed, and upon receipt of any comments, a final Area Plan is prepared.
My Area Plans include two sets of appendices: those most useful before and during an incident
and in the recovery phase (contained in the printed, 3 -ring bound Plan, and on the CD -ROM
version of the Plan are those of more long -term use, including all applicable local, regional, state
& federal emergency plans and annexes, medical emergency and decontamination resources,
resources for public communications, etc.
I understand that in updating the Hazardous Materials Area Plan for the Newport Beach Fire
Department, the Department is seeking to create a working document which will:
• Include and describe the activities, roles, and responsibilities for the Newport Beach Fire
Department and other relevant federal, state, county and city departments and agencies
as they relate to hazardous materials incidents and emergencies;
• Describe the resources and support that are available during these emergencies;
• Describe the emergency organization, discuss assignment of tasks, specify policy and
general procedures, and provide coordination of planning for all phases of emergency
planning for a hazardous materials incident or emergency;
• Include as appendices containing information associated with the Area Plan and response
planning including; statutory/regulatory references, forms, policies and procedures.
Additionally, I will update the Area Plan to:
Steven M. Lichten
Lang Beach, California
Newport Beach Fire Department
Hazardous Materials Area Plan Update
02 July 2013
13ESCl- NBD/HMAPU -01
Page 11
1) Meet or exceed the latest statutory and regulatory requirements for Area Plans (including
the Pesticide Drift Protocols required by SB391);
2) Accurately reflect Orange's hazardous materials planning, training and response
programs, plans and technologies;
3) Serve as an important pre - incident hazard reduction and resource planning tool and
resource;
4) Be readily auditable and understandable by Cal DES;
5) Integrate with other regional Area Plans;
6) Require little maintenance; and
7) Be easily and cost - effectively maintainable when necessary.
I understand that this Area Plan project is likely to be managed under a 2013 -2014 Hazardous
Materials Emergency Planning Grant. I am quite familiar with the HMEP grant administration
process and will assist Newport Beach Fire Department in completing all Grant requirements and
administration — including application and performance reports,
My overall approach /philosophy to Area Plan development can be summarized below:
• Area Plans should serve as an integrated set of 'high - level' coordination, hazard and
risk mitigation and program implementation and informational documents and
references. At the time the Area Plan regulations were developed in the mid 1980's, many
administering and response agencies had no formal hazardous materials response
procedures, chemical hazard identification and pre - incident hazard mitigation process,
structured hazardous materials response training, or overall coordinating structure.. Over
twenty years later, most of these necessary elements are already in place in most
responding and regulatory planning agencies — such formal hazmat response SOPS, formal
(CSTI, etc.) hazardous materials response and response support training, formalized
(CUPA/PA) hazardous materials disclosure, review and inspection processes, etc. So while
the twenty five year old Area Plan regulations still require these elements, I believe the Area
Plan should serve not as duplication of these elements, but rather as a coordinating
reference and planning tool tying together the various existing elements.
• Area Plans should not serve as field -level response documents. Specifically, the
procedures and protocols for emergency rescue personnel (required by 19 CCR 2722),
training course materials (generally inserted to comply with 19 CCR 2725), equipment
maintenance and records (included to comply with 19 CCR 2727) and other frequently
modified /revised materials would be summarized and referenced in the Plan, rather than
included in total. In this fashion, the more dynamic response program and plan information
can be modified and records updated as needed without necessarily triggering an Area Plan
Steven M. Uchten
Long Beach, California
Newport Beach Fire Department
Hazardous Materials Area Plan Update
02 July 2013
13ESCI- NBDIHMAPU -01
Page 12
update.
e The process of developing, reviewing and updating an Area Plan is more important
than the Plan itself. The value in the Area Planning process is the structured review of the
various hazardous materials inspection and regulatory-based risk reduction programs,
hazardous materials response and response program management (e.g. training, incident
critique and SOP maintenance /communication), other associated response plans and the
active integration of those elements. As an example, there should be an active connection
between the management and operation of the hazardous materials disclosure /business plan
program, identification of hazardous materials transportation hazards, periodic inspections by
the various regulatory entities, and the hazardous materials response organizations (to
ensure correlation between hazards and the response process). Additionally, through an
active planning and pre - emergency communication process, hazards can be reduced and
response resources more efficiently applied. To that end, the more active participation
among key relevant entities as part of the Area Plan update process — the more value all
entities will realize.
e Area Plans are living documents. They should, therefore, be formatted /structured in a way
that allows for ease of updating without triggering Cal OES review or significant
administrative effort.
e Area Plan consultants should serve as facilitators rather than authors. I fully
understand that in my role as the consultant, I am being hired to author the Area Plan on
behalf of my client agency. I also readily admit than in my over twelve years of Area Planning
experience (assisting more nine agencies in developing Cal OES- compliant Area Plans), I
have essentially written the bulk of the Plan text. However, to achieve the goal of plan and
program integration, and to really achieve risk reduction benefits, I strive to facilitate my client
agency's active participation and involvement in thinking through and explaining their
procedures and activities, and willingness to review /update existing related procedures where
necessary.
(c) (2) Sequential Outline of Tasks/Activities and Personnel
1) Initial meeting with Newport Beach Fire Department: Initial project discussion, timelines,
Area Plan utility, required /requested documents from the agency and City, discussion of
training and exercise /drill (and collection of records or summaries), hazardous materials
disclosure program management and inspections, data management, communications, etc.
(Lichten)
2) Collection /update of other associated City, regional, state, federal etc. documents, plans,
resources, references, program management information, etc. into project file for evaluation
Steven h1. Lichen
Lang Beach. California
Newport Beach Fire Department
Hazardous Materials Area Plan Update
02 July 2013
13ESCI- NBDIHMAPU -01
Page 13
and incorporation. (Lichten and Pedroza)
3) Research, formatting and evaluation of five year hazardous materials incident history,
including independent state and federal information /data and Newport Beach Fire
Department data, and evaluation of regional commodity flow data and transportation mode
data. (Lichten, Hagen and Koester)
4) Detailed review of current Area Plan, and all associated plans, SOPS, policies, resources,
documents, etc, and initial annotation and reformatting. (Lichten)
5) Development of recommendations regarding agency - needed review and /or agency -
performed updates to policies, SOPS, response or notification protocols, resource
references /phone numbers/contacts, equipment needs or management procedures, post -
incident operations protocols, etc. (Lichten, Hagen and Koester)
6) Development (or if present - review and update) of the Pesticide Drift Protocols required by
SB 391, including include associated coordination with the Riverside County Agricultural
Commissioner's office and Riverside County Environmental Health. (Lichten)
7) Identification and request of necessary mapping, land use, zoning, specific hazard and other
data (e.g. GIS mapping or other specific maps from City Planning /Land Use and other
sources). (Lichten and Pedroza)
8) Continued hazard assessment and development of recommendations (based on 3 — 7
above). (Lichten, Hagen and Koester)
9) Pre -Plan revision mid - course status meeting with Newport Beach Fire Department (Lichten)
10) Incorporation relevant updates related to procedures, staffing, agencies, communications
and resource lists. (Lichten)
11) Development of final draft revised Area Plan for agency reviewlcomment, including
integration of the January 2013 of the Cal OES Hazardous Materials Toolkit (and State
Toxic Disaster Contingency Plan (previously known as Hazardous Materials Incident
Contingency Plan), National Incident Management System (NIMS) with the California
Standardized Emergency Management System (SEMS) and incorporating current state and
local NIMS implementation /integration steps and status, and incorporation as necessary of
the latest revised federal, state, regional and county -wide emergency plans (such as the
National Response Framework, Operational Area Plan and others). (Lichten)
12) Pre plan finalization meeting with Newport Beach Fire Department if requested. (Lichten)
13) Finalization of 2013 Hazardous Materials Area Plan and all appendices. (Lichten)
14) Plan printing, binding and CD -ROM creation and transmittal. ( Pedroza)
Steven M. Lichten
Lang Beach, California
Newport Beach Fire Departrnent
Hazardous Materials Area Plan Update
02 July 2013
13ESCI- NBO /HMAPU -01
Page 14
(0)(3) Estimated Completion schedule by Task and week
fteuen M. uchten
Long Heath, Caghimla
Project Activities, Tasks,
and Deliverables / Major Milestones
MONTHLY PROGRESS SCHEDULE
1
2
3
4
5
6
7
8
9
10
11
12
Enter into contract with cnnuuhant
X
termwe needed documents and information
X
X
X
Ining meeting to reiti w Area Plan format and content
X
Progress and renew meetings
'x
X
X
X
X
X
X
X
Consultant prepare and submit Section 1
X
FD renew and approve
X
Consultant prepare and submit Section 2
X
X
X
FD review and approve
X
Consultant prepare and submit Section 3
X
X
NBFD review and approve
X
Consultant prepare and submit Section 4
X
X
NBFD review and approve
X
Consultant prepare and submit Section 5
X
NBFD review and approve
X
Consultant prepare and submit draft Area Plan
X
VBFD review and approve
X
onsulum prepare and submit final Area Plan
X
BFD review and approve
X
X
FD submit final Area Plan to OES
X
X
FD submit final Arra Plan to OC CUPA
X
X
fteuen M. uchten
Long Heath, Caghimla
EXHIBIT B
SCHEDULE OF BILLING RATES
Consultant shall provide City of Newport Beach Fire Department Hazardous Materials
Area Plan review and revision services for a lump sum compensation amount of six
thousand five hundred dollars and no1100 ($6,500.00). Consultant shall work with
the City's Fire Department in its preparation and submittal of the Hazardous Materials
Emergency Planning Grant application to ensure that the amount of the grant fully
covers the compensation due to the Consultant by the City.
Steven M. Lichten Page B -1
EXHIBIT C
INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES
1. Provision of 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, policies of insurance of the
type and amounts described below and in a form satisfactory to City. Consultant
agrees to provide insurance in accordance with requirements set forth here. If
Consultant uses existing coverage to comply and that coverage does not meet
these requirements, Consultant agrees to amend, supplement or endorse the
existing coverage.
2. 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.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Consultant shall maintain Workers'
Compensation Insurance, statutory limits, and Employers Liability
Insurance with limits of at least one million dollars ($1,000,000) each
accident for bodily injury by accident and each employee for bodily injury
by disease in accordance with the laws of the State of California, Section
3700 of the Labor Code.
Consultant shall submit to City, along with the certificate of insurance, a
Waiver of Subrogation endorsement in favor of City, its officers, agents,
employees and volunteers.
B. General Liability Insurance. Consultant shall maintain commercial general
liability insurance, and if necessary umbrella liability insurance, with
coverage at least as broad as provided by Insurance Services Office form
CG 00 01, in an amount not less than one million dollars ($1,000,000) per
occurrence, one million dollars ($1,000,000) general aggregate. The
policy shall cover liability arising from premises, operations, personal and
advertising injury, and liability assumed under an insured contract
(including the tort liability of another assumed in a business contract) with
no endorsement or modification limiting the scope of coverage for liability
assumed under a contract.
C. Automobile Liability Insurance. Consultant shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of 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
Steven M. Lichten Page C -1
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit each accident.
D. Professional Liability (Errors & Omissions) Insurance. Consultant shall
maintain professional liability insurance that covers the Services to be
performed in connection with this Agreement, in the minimum amount of
one million dollars ($1,000,000) per claim and in the aggregate. Any policy
inception date, continuity date, or retroactive date must be before the
Effective Date of this Agreement and Consultant agrees to maintain
continuous coverage through a period no less than three years after
completion of the Services required by this Agreement.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Agreement shall be endorsed to waive subrogation
against City, its elected or appointed officers, agents, officials, employees
and volunteers or shall specifically allow Consultant or others providing
insurance evidence in compliance with these requirements to waive their
right of recovery prior to a loss. Consultant hereby waives its own right of
recovery against City, and shall require similar written express waivers
from each of its subconsultants.
B. Additional Insured Status. All liability policies including general liability,
excess liability, pollution liability, and automobile liability, if required, but
not including professional liability, shall provide or be endorsed to provide
that City and its officers, officials, employees, and agents shall be included
as insureds under such policies.
C. Primary and Non Contributory. All liability coverage shall apply on a
primary basis and shall not require contribution from any insurance or self -
insurance maintained by City.
D. Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days notice of cancellation (except for nonpayment for which ten
(10) calendar days notice is required) or nonrenewal of coverage for each
required coverage.
5. Additional Aareements Between the Parties. The parties hereby agree to the
following:
A. Evidence of Insurance. Consultant shall provide certificates of insurance
to City as evidence of the insurance coverage required herein, along with
a waiver of subrogation endorsement for workers' compensation and other
endorsements as specified herein for each coverage. Insurance
certificates and endorsement must be approved by City's Risk Manager
prior to commencement of performance. Current certification of insurance
shall be kept on file with City at all times during the term of this
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Agreement. City reserves the right to require complete, certified copies of
all required insurance policies, at any time.
B. City's Right to Revise Requirements. City reserves the right at any time
during the term of the Agreement to change the amounts and types of
insurance required by giving Consultant sixty (60) calendar days advance
written notice of such change. If such change results in substantial
additional cost to Consultant, City and Consultant may renegotiate
Consultant's compensation.
C. Enforcement of Agreement Provisions. Consultant acknowledges and
agrees that any actual or alleged failure on the part of City to inform
Consultant of non - compliance with any requirement imposes no additional
obligations on City nor does it waive any rights hereunder.
D. Requirements not Limiting. Requirements of specific coverage features
or limits contained in this Section are not intended as a limitation on
coverage, limits or other requirements, or a waiver of any coverage
normally provided by any insurance. Specific reference to a given
coverage feature is for purposes of clarification only as it pertains to a
given issue and is not intended by any party or insured to be all inclusive,
or to the exclusion of other coverage, or a waiver of any type.
E. Self- insured Retentions. Any self- insured retentions must be declared to
and approved by City. City reserves the right to require that self- insured
retentions be eliminated, lowered, or replaced by a deductible. Self -
insurance will not be considered to comply with these requirements unless
approved by City.
F. City Remedies for Non - Compliance. If Consultant or any subconsultant
fails to provide and maintain insurance as required herein, then City shall
have the right but not the obligation, to purchase such insurance, to
terminate this Agreement, or to suspend Consultant's right to proceed until
proper evidence of insurance is provided. Any amounts paid by City shall,
at City's sole option, be deducted from amounts payable to Consultant or
reimbursed by Consultant upon demand.
G. Timely Notice of Claims. Contractor shall give City prompt and timely
notice of claims made or suits instituted that arise out of or result from
Contractors performance under this Contract, and that involve or may
involve coverage under any of the required liability policies. City assumes
no obligation or liability by such notice, but has the right (but not the duty)
to monitor the handling of any such claim or claims if they are likely to
involve City.
H. Consultant's 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.
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